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2013-12-17~~E IDIAN~-- CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 17, 2013 at 6:00 PM (Meeting started at 6:48 p.m.) 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 BJ Bourn with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 3, 2013 City Council Meeting B. Findings of Fact, Conclusions of Law for Approval: PP 13-028 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Preliminary Plat Approval Consisting of Fifty- Five (55) Single Family Residential Building Lots and Seven (7) Common/Other Lots on Nineteen (19) Acres of Land in an R-4 Zoning District Moved to the Regular Agenda Item 7 -Approved C. Findings of Fact, Conclusions of Law for Approval: MDA 13-018 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Modification to the Development Agreement to Increase the Number of Building Lots Allowed to Develop on the Site Consistent with the Proposed Preliminary Plat Moved to the Regular Agenda Item 7 -Approved D. Findings of Fact, Conclusions of Law for Approval: RZ 13-012 Raisin' Angels by Engineered Structures, Inc. Located Northwest Corner of E. Pine Avenue and N. Nola Road Request: Rezone of 1.54 Acres of Land from the Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 1 of 8 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. I-L (Light Industrial) Zoning District to the L-O (Limited Office) Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 13-013 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Annexation of 6.92 Acres from RUT in Ada County to the R-8 (Medium- Density Residential) Zoning District F. Findings of Fact, Conclusions of Law for Approval: PP 13-029 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Thirty-Two (32) Residential Lots and Six (6) Common Lots on Approximately 6.92 Acres in the Proposed R-8 Zoning District G. Findings of Fact, Conclusions of Law and Order for Approval: PFP 13-001 Twelve Oaks by JLJ, Inc. Located at 1845 W. Franklin Road Request: Preliminary and Final Plat Approval Consisting of Two (2) Building Lots on 9.43 Acres of Land in the TN-R and C-C Zoning Districts H. FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16 Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning District. I. FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. J. FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1/8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District K. Development Agreement for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R- 8 (Medium-Density Residential) Zoning District L. Acceptance Agreement: Display of Artwork of Keaton Skyles in Initial Point Gallery from January 3 to January 31, 2014 Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 2 of 8 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. M. Acceptance Agreement: Display of Artwork of Chi E Shenam Westin in Initial Point Gallery from January 3 to January 31, 2014 N. Addendum No. 11 to Agreement with City of Boise for City Prosecutor/Criminal Legal Services Dated November 1, 2002 O. Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility P. Intergovernmental Agreement with Ada County Sheriffs Office and Boise Police Department for Consolidated Records Management System (RMS) for the Not-to-Exceed Amount of $27,514.95 Q. Resolution No. 13-966: Meridian Parks & Recreation Department Administrative Policy -Partnerships between Private or Public Entities and the City of Meridian Parks & Recreation Department R. Resolution No. 13-967: A Resolution Creating a New City of Meridian Social Media Policy and a Social Media Procedure. S. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Treasure Valley Veterinary Hospital T. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Intermountain Pet Hospital U. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Idaho Humane Society V. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Sunnyside Animal Hospital W. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Pet Care Clinic X. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Settlers Park Veterinary Hospital Y. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Meridian Veterinary Hospital Z. Sanitary Sewer and Water Main Easement, Lee Centers, Grantor AA. Temporary Construction Easement, Lee Centers, Grantor Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 3 of 8 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. BB. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (Ridenbaugh Portion) CC. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (non-Ridenbaugh portion) DD. Temporary Construction Easement, Merle and Lavern Hansen Trust, Grantor EE. Authorize the Not-to-Exceed Amount of $83,577.57 to Pay the Ada County Highway District for City Water and Sewer Improvements Constructed by C & A Paving, in Conjunction with the Ustick Road-Locust Grove to Leslie Way and Ustick Road and Locust Grove Road Intersection Projects in Accordance with the Interagency Agreement Approved for this Project FF. Approval of Agreement for "WWTP Maintenance Facility Construction Management Services" to Beniton Construction for the Not-To-Exceed amount of $90,815.00 GG. Nampa Meridian License Agreement -Locust Grove Water Main Extension Crossings at the Ridenbaugh Canal and Ten Mile Creek HH. Approval of Award of Agreement to CTA ,Inc. for the "WWTP Maintenance Facility Design Services" project for a Not-To-Exceed amount of $125,000.00 II. Approval of Change Order 1 to Task Order 10312h for "Well 16 Reconstruction" to Hydro Logic, Inc. for the Not-To-Exceed amount of $57,006.00. JJ. Professional Services Agreement with Treasure Valley Youth Theatre for a Not-to-Exceed Amount of $4,335.00 KK. Findings of Fact, Conclusions of Law for Approval: AZ 13-008 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Annexation of Approximately 103.04 Acres from the RUT Zoning District in Ada County to the R-4 (Medium-Low Density Residential) and R-8 (Medium Density Residential) Zoning Districts LL. Findings of Fact, Conclusions of Law for Approval: RZ 13-008 Oaks North and Oaks South by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks South) and North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks North) Request: Rezone Approximately 33.08 Acres from the R-8 (Medium Density Residential) and R-15 (Medium-High Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 4 of 8 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. Density Residential) Zoning Districts to the R-4 (Medium-Low Density Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R- 15 (Medium-High Density Residential) (18.34 Acres) and L-O (Limited Office) (5.54 Acres) Zoning Districts for Oaks South Subdivision AND Rezone Approximately 298.33 Acres from R-4, R-8 and R-15 Zoning Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71 Acres) Zoning Districts for Oaks North Subdivision 6. 7. 8. MM. Findings of Fact, Conclusions of Law for Approval: PP 13-013 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 310 Single Family Lots, One (1) Multi-Family Lot, Six (6) Office Lots, One (1) Park Lot, One (1) Other Lot and 33 Common Lots on Approximately 135.93 Acres in a Proposed R-4, R-8, R-15 and L-O Zoning Districts NN. Findings of Fact, Conclusions of Law for Approval: PP 13-014 Oaks North Subdivision by Coleman Homes, LLC Located North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 653 Single Family Lots, Three (3) Multi-Family Lots, 40 Common Lots and Two (2) Other Lots on Approximately 252.12 Acres in a Proposed R-4, R-8 and R-15 Zoning Districts 00. Findings of Fact, Conclusions of Law for Approval: MDA 13-015 Oaks North and Oaks South Subdivisions Located North and South Side of W. McMillan Road, Between N. McDermott and N. Black Cat Roads Request: Development Agreement Modification to Replace Recorded Oakcreek DA (Inst. #109009629) with New Development Agreement Pertinent to the Oaks North and Oaks South Subdivisions Community Items/Presentations A. Hometown Hero Award Presentation to Ernad "Aaron" Aljic B. Item 9C Moved to Item 6B Items Moved From Consent Agenda Action Items A. Public Hearing: For the Community Development Block Grant (CDBG) Program Year 2012 Consolidated Annual Performance and Evaluation Report (CAPER) B. Resolution No. 13-968: Community Development Block Grant (CDBG) PY2012 CAPER Approved Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 5 of 8 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. C. Public Hearing: Proposed Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department D. Resolution No. 13-969: A Resolution Adopting the Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved E. Public Hearing: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision Approved F. Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District Continued to January 21, 2014 G. Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #106122368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision Continued to January 21, 2014 H. Public Hearing: RZ 13-013 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R-8 Zoning District Approved I. Public Hearing: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1) Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts Approved J. Public Hearing: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District Approved K. Public Hearing: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Preliminary Plat Approval Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 6 of 8 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. Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District Approved with Conditions L. FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of Land in the R-8 Zoning District Approved M. Continued from December 3, 2013: Public Hearing: ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts Closed Public Hearing and Staff will bring back a clean copy of amendment for approval on 1/7/14 9. Department Reports A. Community Development: Budget Amendment for Community Development Block Grant (CDBG) for the Not-to-Exceed Amount of $293,913.00 Approved B. Parks Department: Budget Amendment for New Workstation for Marketing Coordination for Not-to-Exceed Amount of $5,607.00 Approved C. Purchasing Department: Public Safety Training Center Discussion - Agreement Forms Moved to Item 6B -Approved as Amended D. Amended onto the Agenda: Public Works Department: Secondary Water Connections 10. Ordinances A. Ordinance No. 13-1586: An Ordinance for Annexation (AZ 13-009) of 26.53 acres to R-4 located North Side of Chinden Boulevard and West of N. Ten Mile Road known as Spurwing Orchard East Subdivision Approved B. Ordinance No. 13-1587: An Ordinance (AZ 13-007 - Hacienda South Subdivision) for Annexation Of A Parcel Of Land Located at the East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road; Establishing the Land Use Zoning Classification of Said Lands from Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 7 of 8 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. RUT in Ada County to R-8 (Medium-Density Residential) Zoning District and Providing an Effective Date Approved C. Third Reading of Ordinance No. 13-1582: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and Local Amendments (Title 10, Chapter 1, Meridian City Code) Approved D. Third Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) Approved E. Third Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) Approved 11. Future Meeting TopicsNone Adjourned at 8:48 p.m. Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 8 of 8 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council December 17, 2013 A meeting of the Meridian City Council was called to order at 6:48 p.m., Tuesday, December 17, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Sonya Wafters, Warren Stewart, Jeff Lavey, Mark Niemeyer, Keith Watts, Lori den Hartog, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Thank you for your patience. We appreciate you waiting for us. We are starting rather late and I apologize. For the record, it is Tuesday, December 17th. It is 6:48. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight I have recruited Lauren to lead us in the pledge. Lauren is from Rocky Mountain High School. If you will, please, follow her instructions. All raise to join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Lauren, if I can offer you a City of Meridian pin for leading us tonight and give you our thanks. Item 3: Community Invocation by BJ Bourn with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Is B.J. here? Item 4: Adoption of the Agenda De Weerd: Okay. We will go ahead move to Item No. 4, which is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council December 17, 2013 Page 2 of 54 Hoaglun: Everyone get their pens and pencils ready, we are going to move this agenda around here a little bit tonight. Under Item 5-B and C, we are going to remove that from the Consent Agenda, so that will move to -- I think it's 7-A and B. Under 5-Q, that is Resolution No. 13-966. 7-R is Resolution No. 13-967. As mentioned, we have removed two items from the Consent Agenda and so they will be Items 7-A and B. Under Action Items, 8-B is Resolution No. 13-968. 8-D is Resolution No. 13-969. 8-F and G, the applicant is requesting to continue this to January 7th and put it on that agenda. Under Department Reports, Item No. 9-C, staff is requesting that this item be moved to 6-B. So, that falls under Community Items/Presentations. They have an outside consultant here that would like to address the Council. And we are going to amend onto the agenda a Public Works Department secondary water connections item. That will be 9 -- it would have been D, now C, but it will be there at the bottom of nine. Item 10 under Ordinances -- 10-A is Ordinance No. 13-1586. 10-B is Ordinance No. 13-1587. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: Mr. Nary, just a please of order. We have had a request and I know we will get to it when we are under Action Items for the applicant that wants to continue their public hearings to January 7th. That is a limited agenda. I know this would be under old business, but do we really want to have that under old business or move it to the 21st? Nary: Madam Mayor, Members of the Council, we did discuss that at our prep meeting this afternoon and certainly it's within the Council's purview to move it to the 21st. You could certainly do that. We don't anticipate it being a long hearing, but you never know. And also there is one that is currently on the 7th that's actually asked to move to the 21st. So, it's really up to you and the Council if you want to have it on the 7th as a substitute for the -- I think it's Gramercy that was on the 7th that's being asked to move to a later date or you can move this to the 21st. De Weerd: Okay. We will have Council make that determination, but as part of the motion, be it noted it's however they continue it to. Okay. Okay. I have a motion to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of December 3, 2013 City Council Meeting D. Findings of Fact, Conclusions of Law for Approval: RZ 13-012 Raisin' Angels by Engineered Structures, Inc. Located Northwest Corner of E. Pine Avenue and N. Nola Road Request: Rezone of 1.54 Acres of Land from the I-L (Light Meridian City Council December 17, 2013 Page 3 of 54 Industrial) Zoning District to the L-O (Limited Office) Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 13-013 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Annexation of 6.92 Acres from RUT in Ada County to the R-8 (Medium-Density Residential) Zoning District F. Findings of Fact, Conclusions of Law for Approval: PP 13-029 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Thirty-Two (32) Residential Lots and Six (6) Common Lots on Approximately 6.92 Acres in the Proposed R- 8Zoning District G. Findings of Fact, Conclusions of Law and Order for Approval: PFP 13-001 Twelve Oaks by JLJ, Inc. Located at 1845 W. Franklin Road Request: Preliminary and Final Plat Approval Consisting of Two (2) Building Lots on 9.43 Acres of Land in the TN-R and C-C Zoning Districts H. FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16 Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R- 8Zoning District. I. FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. J. FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1/8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District K. Development Agreement for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard Meridian City Council December 17, 2013 Page 4 of 54 and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium- Density Residential) Zoning District L. Acceptance Agreement: Display of Artwork of Keaton Skyles in Initial Point Gallery from January 3 to January 31, 2014 M. Acceptance Agreement: Display of Artwork of Chi E Shenam Westin in Initial Point Gallery from January 3 to January 31, 2014 N. Addendum No. 11 to Agreement with City of Boise for City Prosecutor/Criminal Legal Services Dated November 1, 2002 O. Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility P. Intergovernmental Agreement with Ada County Sheriffs Office and Boise Police Department for Consolidated Records Management System (RMS) for the Not-to-Exceed Amount of $27,514.95 Q. Resolution No. 13-966: Meridian Parks & Recreation Department Administrative Policy -Partnerships between Private or Public Entities and the City of Meridian Parks & Recreation Department R. Resolution No. 13-967: A Resolution Creating a New City of Meridian Social Media Policy and a Social Media Procedure. S. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Treasure Valley Veterinary Hospital T. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Intermountain Pet Hospital U. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Idaho Humane Society V. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Sunnyside Animal Hospital W. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Pet Care Clinic Meridian City Council December 17, 2013 Page 5 of 54 X. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Settlers Park Veterinary Hospital Y. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Meridian Veterinary Hospital Z. Sanitary Sewer and Water Main Easement, Lee Centers, Grantor AA. Temporary Construction Easement, Lee Centers, Grantor BB. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (Ridenbaugh Portion) CC. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (non-Ridenbaugh portion) DD. Temporary Construction Easement, Merle and Lavern Hansen Trust, Grantor EE. Authorize the Not-to-Exceed Amount of $83,577.57 to Pay the Ada County Highway District for City Water and Sewer Improvements Constructed by C & A Paving, in Conjunction with the Ustick Road-Locust Grove to Leslie Way and Ustick Road and Locust Grove Road Intersection Projects in Accordance with the Interagency Agreement Approved for this Project FF. Approval of Agreement for "WWTP Maintenance Facility Construction Management Services" to Beniton Construction for the Not-To-Exceed amount of $90,815.00 GG. Nampa Meridian License Agreement -Locust Grove Water Main Extension Crossings at the Ridenbaugh Canal and Ten Mile Creek HH. Approval of Award of Agreement to CTA ,Inc. for the "WWTP Maintenance Facility Design Services" project for aNot-To- Exceed amount of $125.,000.00 II. Approval of Change Order 1 to Task Order 10312h for "Well 16 Reconstruction" to Hydro Logic, Inc. for the Not-To-Exceed amount of $57,006.00. Meridian City Council December 17, 2013 Page 6 of 54 JJ. Professional Services Agreement with Treasure Valley Youth Theatre for aNot-to-Exceed Amount of $4,335.00 KK. Findings of Fact, Conclusions of Law for Approval: AZ 13-008 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Annexation of Approximately 103.04 Acres from the RUT Zoning District in Ada County to the R-4 (Medium-Low Density Residential) and R-8 (Medium Density Residential) Zoning Districts LL. Findings of Fact, Conclusions of Law for Approval: RZ 13-008 Oaks North and Oaks South by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks South) and North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks North) Request: Rezone Approximately 33.08 Acres from the R-8 (Medium Density Residential) and R-15 (Medium-High Density Residential) Zoning Districts to the R-4 (Medium-Low Density Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R-15 (Medium-High Density Residential) (18.34 Acres) and L-O (Limited Office) (5.54 Acres) Zoning Districts for Oaks South Subdivision AND Rezone Approximately 298.33 Acres from R-4, R-8 and R-15 Zoning Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71 Acres) Zoning Districts for Oaks North Subdivision MM. Findings of Fact, Conclusions of Law for Approval: PP 13-013 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 310 Single Family Lots, One (1)Multi-Family Lot, Six (6) Office Lots, One (1) Park Lot, One (1) Other Lot and 33 Common Lots on Approximately 135.93 Acres in a Proposed R-4, R-8, R-15 and L-O Zoning Districts NN. Findings of Fact, Conclusions of Law for Approval: PP 13-014 Oaks North Subdivision by Coleman Homes, LLC Located North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 653 Single Family Lots, Three (3) Multi-Family Lots, 40 Common Lots and Two (2) Other Lots on Approximately 252.12 Acres in a Proposed R-4, R-8 and R-15 Zoning Districts 00. Findings of Fact, Conclusions of Law for Approval: MDA 13- 015Oaks North and Oaks South Subdivisions Located North Meridian City Council December 17, 2013 Page 7 of 54 and South Side of W. McMillan Road, Between N. McDermott and N. Black Cat Roads Request: Development Agreement Modification to Replace Recorded Oakcreek DA (Inst. #109009629) with New Development Agreement Pertinent to the Oaks North and Oaks South Subdivisions De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Item 5-B and C have been removed and they are now Item 7-A and B. So, those are no longer on the Consent Agenda. Item 5-Q is Resolution No. 13-966. 5-R is Resolution No. 13-967. And with that, Madam Mayor, I move approval of the amended Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Hometown Hero Award Presentation to Ernad "Aaron" Aljic De Weerd: This next item I will give you a little bit of background on before I move to the podium and ask our honoree to join me there. On occasion we have the fortunate privilege to honor someone in Meridian as a hometown hero. This award is presented to those who perform selfless acts of heroism, going above and beyond in service to others in our community, without regard or attention to their own personal gain. Ernad Aljic -- and I hope I didn't say your name wrong, Ernad. But this is his story and I want to set the stage of why we are doing this presentation. On November 12th at approximately 10:30 in the morning, Meridian police were dispatched to assist EMS and fire at the intersection of North Tree Farm and North Tree Haven in Meridian. As stated there was a man in his 60s was down and not breathing. This man was later identified as Stanley Delp who had been walking with a companion. The calling party Ernad Aljic had been passing by the area in his vehicle and he saw Mr. Delp fall to the ground. Ernad stopped his vehicle and went to attempt to help Mr. Delp. He promptly dialed 911 and reported the emergency to the Ada County dispatch, who, then, provided him with Meridian City Council December 17, 2013 Page 8 of 54 instructions to perform CPR. He performed that CPR for about five minutes before EMS arrived and our fire department and they, then, took over the life-saving measures. Early CPR is vital in saving lives and more advanced medical care can be provided with that life saving care up until that -- that point and this triples the chance of the victim to live. So, time is of the essence. The patient was ultimately transported and he received further care and is recovering well. I think that Ernad's quick actions and willingness to help another individual, his stopping and taking action certainly exemplifies the compassion that we value so much in this community as we honor citizens. For this reason I would ask that Ernad, please, join me up front. So, Ernad, this is presented to you and I will read what it says. Presented to Meridian residents who perform selfless acts of heroism, going above and beyond the call of duty and service to others in our community without regard for attention or personal gain. This is in recognition of your significant role in saving the life of a man who stopped breathing while in medical distress. It's certainly presented to you today with our heart-felt thanks for being a hero, for saving the life of one of our citizens and for exemplifying the Meridian Way, which we think -- we ask others to step forward and do this, but it is certainly an honor to be able to -- to recognize those who do go above and beyond. Aljic: Thank you. De Weerd: Congratulations. Aljic: Thank you very much. De Weerd: Thank you. Ernad, we appreciated you being here with us and because you got the award does not mean you have to stay for this whole meeting. So, can you can leave anytime you would like. Okay? De Weerd: We did have two items moved from the Consent Agenda, from Item 5-B and C. I will go ahead and ask staff to make comments of -- on, first, B, unless they are both the same, then, you can comment on both of them. B. Purchasing Department: Public Safety Training Center Discussion -Agreement Forms Zaremba: Madam Mayor, were we going to do 9-C first? De Weerd: 9-C? Hoaglun: Yes. Rountree: Yes. 9-C under Community Presentations. Hoaglun: We moved that to 6-B. Meridian City Council December 17, 2013 Page 9 of 54 De Weerd: Oh, I didn't make note of that. Are you kidding me? Keith can wait until the very last of the agenda. What are we doing? Okay. Keith, I will turn it over to you. Watts: Thank you, Madam Mayor, Council Members. We are here tonight to give you an update on the bidding and the contracting processes for the public safety center project that we are doing and also to discuss the contract format moving forward. As you may recall, we had acontract -- construction contract review committee that went through the process of -- evaluated the process of which contract type and situations does the city use different documents in. The recommendation from the committee was to use the AIA agreement and I have actually given you each a copy from the slide -- slide from the presentation that was given to you back in -- I think it said January of 2012. That recommendation was to use AIA -- standard AIA agreements for construction management projects and only modify those when needed to protect the city's interest. Currently we have -- the public safety center project we have the Ewing Company as our construction manager and they have requested several modifications to the AIA agreement. We have done in accordance with the AIA instructions from Document 8533, which is the guide for supplementary conditions to that AIA agreement. Ted -- Ted Baird, Max Jensen, and myself have met several times to review these changes, discuss them. We have met with the Ewing Company as well and at the last meeting that we had Mr. Baird requested that the Ewing Company go back and take one final look at their request for modification, to scrub those and to pear those down as much as possible. I provided you also those -- those supplemental conditions that they came back with, their final version and you have a copy of both the document 00500, which is a modification for the A132 and document 00810, which is the modification for the A232. These are all in accordance with the AIA instructions. So, when we discussed this, when we brought these back the last time, this is what Ewing said that they needed in order to -- the minimal requirements and modifications that were needed to successfully continue this project. They have used these -- these changes in previous projects. They have been successful with them and they would like to continue with .these changes for the remainder of this project. So, I'm here before you to seek guidance and using a standard, unmodified AIA agreement or to use these recommendations that our construction experts have given us. And I have members from the Ewing Company here for any questions that you may have. De Weerd Mr. Nary, did you want to add anything? Nary: Madam Mayor, Members of the Council, I think Keith has stated it well. I mean the direction that we received the Council was to only modify these agreements at the -- first minimally, if at all, and only to protect the city's interest. I don't have a -- I don't have a specific issue or concern -- and Mr. Baird didn't either -- with that being requested by the Ewing Company. The concerns we have is it's unclear to us, again, if we are opening the store to another challenge, if it were to be -- if there were to be an issue or a problem in enforcement. They haven't experienced that, so they have the experience with just -- with these modifications that they have not had an issue. We have also had the experience with other CM's such as with Beniton on the Public Works project at the treatment plant where they accepted our requirement that the AIA contract Meridian City Council December 17, 2013 Page 10 of 54 not be modified, except in the very limited circumstances that we propose to protect the city. Mr. Lee of Givens Pursley, crafted these conditions for the architect -- the CM -- the Ewing Company uses and, again, they have been successful with that. We are just not -- again we weren't directed -- we were directed by you not to do that. So, that's why we are asking if you want us to move forward with this, we can do that. Again, we have tried to evaluate the risk, we don't believe there is probably a significant risk, but as we found in other cases sometimes the language in these can be very problematic and that was the reason you directed that. And so, again, Mr. Lee is a competent attorney, I understand he knows what he's doing and he's certainly written many many contracts, but we just were uncomfortable in proceeding without at least your direction to do that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Would it be possible just to hear from a Ewing representative real quick on why they think these changes are needed? De Weerd: Do I do eeny meeny miny moe? Bill, you got the short straw. If you will, please, state your name and address for the record. Garcia: I'm Bill Garcia, 2729 North Eureka, Meridian. De Weerd: Thank you. Garcia: Madam Mayor, Members of the Council. I think to clarify -- De Weerd: Can you -- Bill, can you pull that a little closer to you? Garcia: Sorry. De Weerd: Thank you. Garcia: To clarify, these supplementary conditions that we have worked with for many many years, the general conditions that these modify are -- is a general document that covers a wide area and so, basically, these supplementary conditions do nothing more than just make it more project specific and area specific. So, that's the major -- the main reason why we use those. We have used them with great success over the years and never had any problems, so in working with the administration here to modify these and pear them down was actually needed, because sometimes these things develop, so it was really a good exercise. So, we have them, what we believe cleaned up now and they fit this project well. De Weerd: Okay. Council, do you have questions for Mr. Garcia? Okay. Thank you. Meridian City Council December 17, 2013 Page 11 of 54 Garcia: Thank you. De Weerd: See, John, that was painless. Watts: With that, I would just ask for Council's approval to move forward with these changes in the public safety center -- public safety training center project. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we move forward with the amended AIA contract with Document 00500 and 00810 amended. Hoaglun: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Rountree: I have none. De Weerd: 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. Watts: Thank you. Item 7: Items Moved From Consent Agenda B. Findings of Fact, Conclusions of Law for Approval: PP 13-028 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Preliminary Plat Approval Consisting of Fifty-Five (55) Single Family Residential Building Lots and Seven (7) Common/Other Lots on Nineteen (19) Acres of Land in an R-4 Zoning District Moved to the Regular Agenda Item 7 C. Findings of Fact, Conclusions of Law for Approval: MDA 13- 018Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Modification to the Development Agreement to Increase the Meridian City Council December 17, 2013 Page 12 of 54 Number of Building Lots Allowed to Develop on the Site Consistent with the Proposed Preliminary Plat De Weerd: Thank you, Keith. Okay. There were two other items moved from the Consent Agenda, so I will ask staff for comments on Items 5-B and 5-C. Hood: Thank you, Madam Mayor. There were a couple of exhibits in the staff report for Whitebark Subdivision, that preliminary plat and development agreement modification. That exhibit and table were more detailed than necessary and they rose -- some questions arose about what the table meant and how to interpret it, so Bruce Freckleton did prepare a new exhibit table, has inserted that into the Facts and Findings, Conclusions of Law document. It's meant to be clearer and easier to understand. Still is consistent with- the record and the findings made, but that Exhibit A-7 has been updated to be more user friendly, if you will. So, this revised exhibit was shared with the applicant and we did get concurrence from them on the changes made, but just wanted to read that in also to the record and you should have had the updated exhibits in your packet, but we missed the clerk's deadline, but I believe you all should have seen the changes. They are fairly minor. Just to that exhibit. So, with that, Madam Mayor, would stand for any questions you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I have a motion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Areal quick question for Mr. Nary. Since it's just revised exhibits for both the preliminary plat and modified developer's agreement, can we do that in one motion? Nary: Yes. Madam Mayor, Members of the Council, yes, you may, because this is -- you can treat it like you did the Consent Agenda. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we approve the revised exhibit to be included in the PP 13-028 and MDA 13-018 as presented by staff. Meridian City Council December 17, 2013 Page 13 of 54 Rountree: Second. De Weerd: I have a motion and a second to approve these two items, Item 5-B and C under the Consent Agenda or Item 7-B under the amended agenda. 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 8: Action Items A. Public Hearing: For the Community Development Block Grant (CDBG) Program Year 2012 Consolidated Annual Performance and Evaluation Report (CAPER) De Weerd: Item 8-A is a public hearing for the Community Development Block Grant. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council, I'm here this evening to present our program year 2012 Consolidated Annual Performance and Evaluation Report, otherwise known as the CAPER or more commonly a year end report for our Community Development Block Grant program. During program year the all abilities playground at Meridian Elementary School -- and that was opened earlier this spring. We have started construction on the 8th Street Park ADA restroom facility and that project is about 95 percent complete. I heard from the parks department earlier this week that it looks like we will be doing final walk through within the next week or so. We completed one minor facade improvement program in partnership with the Meridian Development Corporation. These comments reflect activities that were completed as of September 30 of this year. We have one other project that was completed in October after the end of the program year and we have one more project that is currently under construction and nearing completion that had a little bit of delay with the cold weather this last couple of weeks. Open Lines, Inc., initiated and completed the Senior Employment program. We have over 40 seniors express an interest in participating. Sixteen of those seniors were eligible to participate based on the income guidelines and seven seniors were place in jobs because of the program and that activity is complete. The Meridian Food Bank continued providing food and they provided food to over 65,000 people throughout the year. Ninety-six percent of the individuals and households served were low to moderate income persons. The Ada County Housing Authority and Neighborhood Housing Services provided down payment assistance to three low to moderate income families for the purchase of homes in Meridian and a brief summary of the expenditures from our program year 2012 grant revenue of just over 256,000 dollars, we expended just 28,000 for administration. The restroom project was Meridian City Council December 17, 2013 Page 14 of 54 reallocated 144,000. As of the end of the year we had expended 86,000 and that's even less now -- or more now, excuse me. We have expended 97,000 for that and with that project nearing completion we anticipate spending the remainder of those dollars hopefully by the end of the year. Ada County Housing Authority and Neighborhood Housing Services, the three homeowners that were provided down payment assistance during this last year for the previous program year grant dollars -- they did not expend any of their 2012 allocation. The Ada County Housing Authority does have a homeowner who is eligible and they have put an offer on a home in Meridian, so, hopefully, that 21,000 will be used here shortly. Neighborhood Housing Services currently doesn't have anybody at this time, so we need to reallocate those dollars to another eligible project. And as mentioned earlier, the senior employment program, all of those funds were expended and complete. They expended all of the Food Bank dollars as well and have just a little bit -- 3,900 unallocated dollars and we look to move those around to some other eligible projects. Also during this last grant year we expended funds from previous program years, mainly the playground projects, the housing authority -- neighborhood housing services projects and the facade improvement program. With the completion of that third facade improvement project that I mentioned, we will be finalizing that agreement with the Meridian Development Corporation and any remaining dollars will be relocated to another eligible project, so I may be coming back before you to look at some of those reallocations. And just a couple of notes here. Our Finance Department has reviewed and approved the financial report for the CAPER. Our public comment period was opened December 2. Prior to this evening I have had no comment submitted by the public on the CAPER. This is a public hearing, so if we have anyone here in the audience who would like to speak they are more than welcome to do so and, then, with that, if we don't have anyone to speak, I would ask that the Mayor and Council close the public hearing and comment period and adopt the CAPER as submitted and direct staff to send the document to the U.S. Department of Housing and Urban Development for review. Thank you. Happy to stand for any questions. De Weerd: Thank you, Lori. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird.: Seeing we have nobody, I move we close the public hearing on CAPER. Zaremba: Second. Meridian City Council December 17, 2013 Page 15 of 54 De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 13-968: Community Development Block Grant (CDBG) PY2012 CAPER De Weerd: Item 8-B is a resolution to approve the CAPER and that's proposed -- or ordinance -- or Resolution 13-968. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 13-968. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Rountree: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Pubfic Hearing: Proposed Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: Next item is also a public hearing on our proposed winter 2013 -- and would imagine it's the 2014 winter fee schedule. Okay. Just checking. I bet you threw that in there to see if I was paying attention. Dilley: Threw you a curve ball. De Weerd: Okay. Dilley: Okay. Madam Mayor, Members of the Council, now that all the Christmas festivities have completed, we now have a chance to look forward to winter 2014, as Meridian City Council December 17, 2013 Page 16 of 54 you said, and what we are going to do after the new year and our activity guide features classes and events and sports for January through April of 2014 and now that the cold weather is here for this winter it means our community center is going to be packed with ballerinas and ninjas and all sorts of yogis and -- De Weerd: Artists. Dilley: Yeah. Artists and -- the best that the state has to offer I would like to add in as well for the record, of course. And you can all see the new -- the new and the changed fees to the fee schedule and with that I would ask that the Council adopt the resolution to the proposed fee schedule and, as always, I thank you for your time and I will stand for any questions. De Weerd: Council, any questions for Patrick? Bird: I have none. De Weerd: Okay. Thank you, Patrick. This is a public hearing on our fee schedule for the Meridian Parks and Recreation Department. Is there anyone who would like to provide testimony on this item? Okay. Seeing no one jump up, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Seeing no one needing to speak, I move we close the public hearing on the 2014 fee schedule. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Resolution No. 13-969: A Resolution Adopting the Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item 8-D is the Resolution -- Zaremba: Madam Mayor? De Weerd: -- 13-969. Mr. Zaremba. Meridian City Council December 17, 2013 Page 17 of 54 Zaremba: I move we approve Resolution 13-969. Rountree: Second. De Weerd: I have a motion and a second to approve the Resolution on 8-D. 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. E. Public Hearing: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision De Weerd: Item 8-C -- or 8-E is a public hearing on VAC 13-006. I will ask for staff comments as I open this public hearing. Hood: Thank you, Madam Mayor, Members of the Council. The next item on your agenda tonight is a vacation of public utilities and drainage easements that were platted in 1978 with the recordation of the Olson & Bush Industrial Park Subdivision. The two lots that are part of the subject application are highlighted on the screen in front of you. They are located on the northwest corner of Lanark and Eagle Road, so just a little bit north of Franklin Road there on Eagle Road. The applicant is requesting approval to vacate the ten foot wide public utility drainage and irrigation easement platted on the interior lot line between Lots 1 and 2, Block 1. Currently the public utility drainage easement impacts only the subject lots. We do have relinquishment letters from all of the utility easement holders in accordance with state statute and our Public Works Department has no objections to the relinquishment of that -- the public utility drainage easement. So, with that, Madam Mayor, I would stand for any questions you may have on the vacation. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony or would the applicant like to make any comment? Meridian City Council December 17, 2013 Page 18 of 54 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no comment, I move that we close the public hearing on VAC 13- 006. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation 13-006. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-D on VAC 13-006. 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. F. Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District G. Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #106122368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision Meridian City Council December 17, 2013 Page 19 of 54 De Weerd: Item 8-F and G and public hearings on PP 13-031 and MDA 13-019. I will open these two public hearings. The applicant has requested to continue this item. Council, I would ask for your direction on where you want to continue them to, the 7th or the 21st. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue the public hearings on PP 13-013 and MDA 13-019 to January 21st, 2014. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 8-F and G to January 21st, 214. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Public Hearing: RZ 13-013 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R-8 Zoning District Approved I. Public Hearing: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1) Church Lot and Four (4j Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts De Weerd: Okay. Item 8-H and I are public hearings on RZ 13-013 and PP 13-032. will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda comes to you with a recommend from the Planning and Zoning Commission for the approval of the subdivision and the rezone. The property is -- currently consists of 14.69 acres and is zoned L-O in the city limits. It's located on the west side of North Locust Grove midway between Chinden Boulevard and East McMillan Road. In 2008 this property was annexed and zoned into the city with the L-O zoning designation and it's currently developed with an existing LDS stake center. Here is the aerial close up. The area highlighted in red is the area that the applicant is proposing to rezone and also subdivide as part of this in-fill project. As you can see with the surrounding developments it's all residential in nature. At the time that these subdivisions came in there were no requirements for stub streets and so at this point the applicant will be Meridian City Council December 17, 2013 Page 20 of 54 proposing a new street network for the residential portion and the existing -- the existing curb cuts that you see along Locust Grove Road, the applicant is requesting that those remain with the application this evening. I would also mention to Council that both ACHD, Planning and Zoning Commission support the existing access points remaining and also the public street access this applicant is proposing. So, here is the preliminary plat. It consists of, basically, one large church lot, which is to remain with the existing LDS church. And, then, along the southern portion are five point acres -- or five acres, excuse me. The applicant is proposing 21 residential lots and four common lots. The applicant is requesting the R-8 zoning district with that. The proposed density with the subdivision is 4.07 acres -- or dwelling units to the acre, which is consistent with the medium density residential designation on this site. We anticipate anywhere between three to eight units to the acre, so this is in the mid range. As I mentioned to you, the applicant did work with ACHD on the alignment on the road and currently in that exhibit or the aerial that I tried to show you that this proposed street network will align with East Strauss Drive on the east side of Locust Grove Road and ACHD -- ACHD staff was supportive of that alignment and that connectivity. Future development or future stub street is proposed at the south boundary of the church lot. One of our items that we called out in the staff report -- staff was concerned that the church still had a remnant piece of property that they could redevelop in the future and without having that stub street or connectivity we were concerned how would that develop in the future. So, we asked the applicant to provide a conceptual development plan and, basically, they platted out a cul-de-sac road and, then, they also showed how access to this development could be provided with an emergency access, if, in fact, we don't have another street connection to this subdivision in the future. So, currently we will have one access in and, then, in the future through the existing church lot here along the south boundary there is an existing driveway that the fire department will be able to use or utilize in the future and that was really the intent of this concept plan. Here is the landscape plan before you this evening. The applicant -- at least the residential portion of the development the applicant must provide ten percent open space and one amenity. The plan that's before you this evening has the required ten percent open space. It consists of a 25 foot landscape buffer along Locust Grove. The existing landscaping on the church property does exist. It's now shown in this landscape plan, but the applicant is required to comply with that requirement with the final plat. The applicant is also proposing eight foot parkways along the internal street and, then, there is a large passive open space lot here at the entrance of the development. One of the -- at least the proposed amenity for the subdivision will beaten foot pathway along the frontage of Locust Grove and as a requirement of the preliminary plat staff has placed a condition on this plat that requires the ten foot pathway to be extended with the first phase of development. The subdivision that's proposed to you this evening, all of it's proposed to be developed in one phase, but to insure that that happens and to get that pedestrian connection, staff has required that the pathway go in with the first phase regardless of how this develops in the future. Here are the proposed elevations before you. They are similar to what's developed in the area. There are a mix of materials, modulation in the roof lines, windows on the facades, covered porches. One of our recommended -- recommended conditions in the staff report is that any of those lots that abut North Locust Grove would have to come through staff review and make sure Meridian City Council December 17, 2013 Page 21 of 54 that those same design features are along that arterial street and, as I mentioned to you, that is conditioned in the staff report. Moving on to the summary of the public hearing at the Commission hearing. There were some folks that testified in favor that was the applicant Kevin McCarthy. Commenting on the application was Randy Clarno and Kathy Terrick. Kathleen was one of the adjacent neighbors and she was -- just had general questions about the subdivision itself. There were no key items of discussion, nor were there any changes to the staffs recommendations or conditions in the staff report for you this evening. Staff has not received any additional written testimony on the application this evening. One thing that I do want back up quickly on -- touch on is -- there is two items that staff is acting -- or asking the Council act on this evening. The first has to do with the existing access points. Currently, the way the code is written the applicant must seek Council's -- a waiver, basically, to allow those remaining existing access points to remain. The other Item is because we will have L-O zoned property up against the. residential portion of the property, the applicant is asking for Council to allow, essentially, a reduced buffer along that boundary. Currently, a portion of the site abuts open fields that are developed with the church lot, so staff is amenable to that and, then, as I mentioned to you there is an existing driveway that will, essentially, touch or abut up against the proposed residential lots. Because the church does have -- has an existing landscape buffer that the parking lot abuts to, staff is amenable to the applicant's request to not require a landscape buffer along this boundary and allow the driveway to act as the adequate buffer in this landscaping and, then, in the future if this redevelops as residential, as I have shown you in the concept plan, there would be no need for a buffer in the future. So, staff is amenable to that and, again, this is an in-fill project. We have an existing church that predates the residential subdivision, so in this case future homeowners that are purchasing homes in the subdivision will certainly understand what's north of them when they buy a home in that development. Other than that -- other than those two items regarding the landscape buffer and the existing access points, there are no outstanding issues before you and I'd stand for any questions Mayor and Council have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. McCarthy: Kevin McCarthy. 9233 West State Street in Boise. De Weerd: Thank you. McCarthy: We worked with staff on this project early on and Bill pretty much hit it all, so I really don't have a whole lot to add. We are pretty fine to comply with all the conditions, so, really, I'm just up here for any questions you may have. De Weerd: Okay. Thank you. Council, any questions? Meridian City Council December 17, 2013 Page 22 of 54 Bird: I have none. Rountree: None right now. De Weerd: Thank you, Kevin. McCarthy: Thank you. De Weerd: This is a public hearing on these two items. Is there anyone who would like to provide testimony on either of them? Okay. Council, seeing none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we close the public hearings on RZ 13-013 and PP 13-032. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-H and I. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 13-013 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-H. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 17, 2013 Page 23 of 54 Bird: I move we approve PP 13-032 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-I. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. J. Public Hearing: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District K. Public Hearing: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District De Weerd: Item 8-J and K are public hearings on AZ 13-016 and PP 13-033. I will open these two public hearings with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for an annexation and zoning and preliminary plat. This site consists of 123.45 acres of land. It's currently zoned RUT in Ada County and is located at the northwest corner of South Eagle Road and East Taconic Drive. A little history. In 2006 the subject property was platted as Lots 16 and 24, Block 1, of Black Rock Subdivision in Ada County. The Comprehensive Plan future land use map designation for this site is low density residential and a public park site is designated in this approximate area here. A little update. Since the Commission hearing on November 21st several items affecting the development of this site have changed that were not taken into consideration in the Commission's recommendation. A 3.6 acre public park was originally proposed to be dedicated to the city that the Parks Department is no longer requesting. The plat has been revised to incorporate seven new building lots in this area. This is the general area you see right there. The private park increased from two to 2.4 acres. The density increased from 2.05 to 2.13 dwelling units per acre and the configuration of plat changed at the west boundary to break up the long block length and cul-de-sac length as requested by staff. The applicant proposes to annex and zone Meridian City Council December 17, 2013 Page 24 of 54 126.27 acres of land with the R-2 zoning, which consists of approximately 47 acres of land and the R-4 zoning, which consists of approximately 79 acres of land. The R-4 is the area here on the left and the R-2 is this one large lot. A total of 11.4 percent of the western portion of the site is proposed to consist of qualified open space, consisting of a 2.4 acre private park. Other common areas, pathways, street buffers and parkways. And the site amenities consisting of pathways, swimming pool, pool house, playground and picnic shelter are proposed in accord with UDC requirements. Access is proposed on the plat from South Eagle Road via East Taconic Street. Stub streets are proposed to the west, north and east for future extension and interconnectivity. At this time only a single point of access is available to this subdivision. Because there are already 44 lots, approximately 30 of which are built out in Black Rock Subdivision, with a single point of access off of Taconic Drive, a secondary emergency access is needed at the point when the combined number of homes in Black Rock, which is this area right here that sits on a little hill above this development and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. The temporary access they are proposing is coming from the north through Whitebark Subdivision that's also currently in process. Actually, it was just approved on the Consent Agenda this evening. Water and sewer service to this development is contingent upon the developer extending a water main and a temporary sewer main into this development from the future Whitebark Subdivision to the north. With phase one the temporary sewer main will be extended to the existing sanitary sewer lift station constructed as part of the Black Rock Subdivision. This lift station will be decommissioned and the land is propose to be traded for land owned by the developer adjacent to the existing city well lot. The lift station lot was right in this area. The city well lot is right here. A minimum 25 foot wide landscape street buffer is required along Eagle Road, an arterial street, and a ten foot wide pathway is required along the east side of the property adjacent to the Ten Mile Creek, which runs along the corner of the property here and along Eagle Road in accord with the master pathways plan. A 30 foot wide buffer already exists along Taconic Drive, a collector Street. A five foot wide detached sidewalk is required to be added within the buffer. There is no sidewalk currently adjacent to Taconic Drive. There are several irrigation ditches that traverse this site that are required to be piped with development. The Ten Mile Creek runs along the northeast corner of the site and is required to remain open, as it is a natural waterway. A portion of this site lies within the Meridian flood plain overlay district. Prior to any development a flood plain permit is required. The southwest boundary of this site, as you see right here, lies at the bottom of a significant slope where the homes above sit on a ridge approximately 20 to 40 feet above the proposed subdivision. The plat depicts a 50 foot wide sloped easement where the homes -- excuse me -- on the rear of the lots in this area. The slope area is proposed to be owned and maintained by individual homeowners and will be landscaped and maintained in a consistent manner through the CC&R requirements. This is a copy of the applicant's proposed phasing plan. The private park area is shown to develop mostly within that first phase and this is the proposed landscape plan with the landscape buffer. Conceptual building elevations have been submitted, as you see here, for future homes in the western portion of the development. Because future structures on lots that back up to or face East Taconic Drive will be highly visible along Meridian City Council December 17, 2013 Page 25 of 54 this road here, staff is recommending that the rear or sides of structures on these lots incorporate articulation through changes in materials, colors, modulation and architectural elements, horizontal and vertical, to break monotonous wall plains and roof lines. The Commission recommended approval of the subject applications with the conditions in the staff report. Matt Schultz testified in favor, along with Tim Foster. No one testified in opposition. Martin -- excuse me if I slaughter your name -- Fabricius and Lynn Boyle testified -- just commented on the application. Matt Schultz, the applicant's representative, submitted written testimony, along with AI and Barbara Berlatt and John and Helen Huffman. The key issues of discussion by the Commission was the placement of the sidewalk along East Taconic Drive. The Commission did recommend some changes to the staff report. However, those items are no longer applicable as they pertain to the park site and the pathway and buffer along Eagle. Outstanding issues for the Council. This application may be remanded back to the Commission for their recommendation on the updated application if Council deems it is appropriate. Written testimony since the Commission hearing was submitted by Matt Schultz, the applicant's representative, in a letter dated December 12th, with updates and clarifications to their application. Staff responded in a memo dated December 13th and with a revised memo dated today, December 17th. The applicant is in agreement with the provisions in staffs latest memo and I will just run through those real quick. The staff -- the applicant is requesting approval of the following: The first is the construction of the pool and pool house -- they are asking that it not be required until the second phase of development. Staff has approved of this request, provided that the tot lot and a picnic shelter is constructed with the first phase. They are requesting approval of a trade of 9,196 square feet of land owned by the city where the lift station is currently located with an equal amount of land owned by the developer adjacent to the existing well lot to enlarge the well site. Staff is amenable to this request, as the lift station will no longer be needed once gravity sewer is extended with phase one and will need to be abandoned. If Council approves the trade, the configuration of the well site should be approved by Public Works. The area added to the well lot shall be usable area and should not include any of the area required for the street buffer or sidewalk. A development agreement -- the applicant is requesting that a development agreement not be required as a provision of annexation of the eastern 45 acre portion of the site. Staff is okay with this. Because of the R-2 zoning it will limit density on the site. However, Council should be aware that not requiring a development agreement does not tie the developer to conceptual elevations and, thus, will not guarantee quality of design. And, lastly, the applicant is requesting that the street buffer and the multi-use pathway along the eastern boundary of the site be constructed at the time of resubdivision and development of the eastern lot. Because the area proposed to develop at this time does not front on Eagle Road, staff is approving of this request. Staff and Commission recommendation is for approval with a development agreement. Staff is recommending that only apply to the western 79 acre portion of the site per the provisions in Exhibit B of the staff report and the revisions agreed upon by the applicant -- excuse me -- with the applicant in staffs revised memo to Mayor and Council dated December 17th. Staff will stand for any questions Council may have. De Weerd: Council, any questions at this point? Meridian City Council December 17, 2013 Page 26 of 54 Bird: t have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Council. My name is Matt Schultz. 8421 South Ten Mile Road in Meridian. Here on behalf of DHH Investments I, LLC, and happy to be here for the holidays to, hopefully, get your approval on what I think is an extraordinary project, at least in my experience presenting an application and glad to have it before you tonight. DHH Investments I is a -- it's an acquisition arm for Boise Hunter Homes and Boise Hunter Homes does -- does a high quality move up -- second and third move up product -- home product, but also does some of their own development in places like Hidden Springs, Harris Ranch, Eagle, and also they acquired the back half of Kingsbridge and we developed that out over the last couple of years. This is, essentially, very very similar to Kingsbridge in terms of very very low density. We are acquiring 79 acres of the 144 acre legal parcel. That's why we are annexing the whole thing. It's our preference just to focus on the 79, because that's what BHH is purchasing. However, we understand you can't split up the parcel preannexation, so it's all being annexed at the same time. We are -- we are proposing a split zone, both of which comply -- or conform to the low density residential land use plan of R-2 and R-4. The reason we are doing R-4 on the 79 acres that we are purchasing is we like the large lots. We like R-2 size lots and 12,000 square foot minimum. We like that density. We like that. That's -- that provides a high end, frankly, expensive lot that demands a nice home and it's what we are pushing for. However, there is a provision in the -- in the zoning ordinance for setbacks that kind of pushes you towards a -- for a two story home you're limited to a 55 foot wide house on an 85 foot wide lot and so we would rather do a wider lot, so we'd rather have the R-4 setback flexibility, but other than that we are -- we are going to lock into 2.1 to the acre. We are going to lock into 12,000 square foot minimum lots. We are going to lock into the 11.4 open space and that density that really is R-2. Many areas with the side yard setbacks, we did that same exact thing on Kingsbridge a couple years ago. We came in for a zone change and Council approved it. We gave the same presentation. But really the same reason. As far as the portion we are not working on right now, we may in the future, we are proposing to come in in R-2. We think that if something is the size of the R-2 you're going to get a high quality product on there, because the lots are expensive. R-2 lots are expensive to develop. There is just a lot of -- a lot of infrastructure associated with those. We think it's a low risk for the city to do that. We don't want to obligate that right now. We are focusing on our 79 acres and if anybody does come and want to do something different, at a minimum we are going through a preliminary plat and we are going to do a zone change, I got to go through a deed, which will initiate a DA requirement at that time, which you can do what you will with it. So -- so, for now we are focusing on the 79, which is large lots and we have buffered the lots up against the existing Black Rock into half acre lots, like we abut -- it's an existing county subdivision Meridian City Council December 17, 2013 Page 27 of 54 with half acre lots on the rim, we are not only going to be 180 foot deep, we are also going to be 20 feet lower in elevation, so the view corridor is not going to be compromised with something, that we are doing detailed grading plans, we are going to move a whole lot of dirt with our first phase to make sure those elevations are correct and we get agood -- not only horizontal, but vertical separation in our lots to be a good neighbor to our -- to our existing homes to the south there and we had a really good neighborhood meeting. We shared with them our -- our willingness to provide an access to our pool. Those existing residences we want to integrate very closely with their community and be part of it, not be something that's totally different and distinct and I think we got the vast majority in support of us, you know, they'd rather see nothing happening there, but, you know, this is the next best thing we think as well. It works for us, it works for them, it works for your staff. Thankful for you staff and their working with us. We have got some good momentum here. Very minor tweaks to the site plan with the Parks Department not requiring a city park. It was getting complicated, problematic, and they stepped back and said, you know, we are probably going to step back and focus on the 79 acres -- 77 acres we have a half mile south of here, which is going to be imminently annexable. The city's owned it for three plus years. Bought it at a really good deal from I -- from what I hear and it's -- it's an awesomely located piece, really excited about the city hopefully programming towards that and really putting it in, not only for us, but to other subdivisions that are coming in in south Meridian. As far as our -- like I said, we worked with staff, appreciate all their help from legal to parks to planning to public works and working out the little details that could be big issues if you don't get in the same room and talk though them all and we have -- we have spent a lot of time doing that and we come before you not objecting to any staff comments. I know you're shocked, but it happens occasionally and it -- and we really do ask for your approval as we think we have got a high quality project, we think the DA -- it is not problematic to not require it with the R-2 zoning and that we are amenable to, essentially, R-2 lots with R-4 zoning on our part of it. As far as utilities and things like that, we will be pulling in probably a mile of sewer with our first phase to take out the existing lift station and to show you how immediately annexable we are, we are actually annexing some city lots that have your -- your well site and your lift station site with our application, kind of clean it up a little bit out there in terms of bringing it all into the fold, if you will, convert it to gravity sewer, have a secondary access. We have worked out cross-access -- or easements with the Whitebark property that you just approved tonight, to pull that sewer, to pull that water, to have a secondary access that's required for anything over 30 lots. So, we have all those issues worked out in terms of -- that could be problematic and that we have those easements worked out with that owner. Again, it's what we need to serve our first phase. So, with that we are really happy with where we ended up. It's -- it's an extraordinary project. I think it's from the density -- if count on a couple of fingers in terms of a project with this low of density coming in to Meridian, some up on the rim in Eagle and one of them being Kingsbridge and that's one in South Meridian. It doesn't work everywhere. I will probably be back before you in six months on a four to the acre somewhere and it will work in that location, I promise. But this one does work here. It meets your comp plan. It meets the wishes of the neighbors. It meets our desire to build on this size of a lot and unless you have all three of those lining up it doesn't work. In this case it does work and Mr. Hunter has taken -- Meridian City Council December 17, 2013 Page 28 of 54 taken the move -- the chance to move forward with a high end subdivision and we hope this economy that we saw this year stays at least steady in the next year and it supports the big decision. We do need you to act on this tonight, we are contractually in a spot where we need to have your recommendation for tonight. I think moving back to Planning Commission for such a very minor change of the seven lots down here, based on staff not requiring the park is well within your prerogative to approve without remanding back. My remembrance of the Planning Commission was really happy with our lot size and they were really happy with our density and those are two things that we are maintaining, the lot size and density, and the city park was kind of -- it was kind of a wild card as it ended out. We are not sure how we are going to work all that out, and it ended up coming out. So, we really do need you not to remand this back to Planning Commission. We do ask for your -- your vote tonight for approval and I will stand for any questions. De Weerd: Thank you, Matt. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Schultz: Thanks. De Weerd: This is a public hearing. I did have two others signed up on the public hearing sign-up sheet. Tim Foster signed up in favor. Would you like to provide testimony? Okay. Please come forward. Thank you for joining us. If you will, please, state your name and address for the record. Foster: My name is Tim Foster. I'm at 5805 South Graphite Way. I live up in Black Rock Homeowners Association up there. The reason why I'm here tonight is because a little over six years ago I stood fighting against the other subdivision that almost went in and -- and to you guys thank you for not approving that one. This one I felt it was just as equal that now I approve of what they are trying to do, so I figured that I should also stand in approval of that and let you guys know that, you know, there are us up there that do agree with this. I cannot speak for everybody up there. I can speak for most of the board that we approve what's going on. A lot of the homeowners have also expressed their interest in this. I think that, you know, a lot of us with the larger lots it's helping, so that was all I really cared to say, just let you guys know that we approve this that's going on. De Weerd: Thank you, Tim. Foster: Thank you. Bird: Thank you. Meridian City Council December 17, 2013 Page 29 of 54 De Weerd: Also signed up was Annette Alonzo. Signed up for. Thank you. If you will, please, state your name and address for the record. Alonzo: I'm Annette Alonzo at 2204 East Hyper Drive and I'm also in Black Rock. De Weerd: Thank you. Alonzo: And I am one of the lots that is right on the rim that will be impacted, which will be right against each other. I just think this is a really nice subdivision. I think Jim Hunter and Chad and all that group have done a great job, they have been courteous to us, they have been communicative and very forthcoming with everything, trying to get our ideas on the subdivision, it's been wonderful. I just have two little concerns. First of all is the building height that is on that lot, those of us that are on the rim spent a lot of money on those lots for the view and I know we have spoken to Jim Hunter and he said his houses -- his tallest house is no higher than 30 feet. That would be okay with us, as long as we are talking 30 feet from the dirt level, not 30 feet from the top of the -- of the floor and the other thing was that he said that he may not build out all these houses and, in fact, in the event that he doesn't build out all these houses and we get another builder in there who may have a house that goes to 35 feet that I think is your maximum for -- for Meridian, so I'm concerned about that additional five feet and blocking our view. So, I would like to have some regulation on those lots along that rim to be no higher than 30 feet above the dirt level. That would be very helpful for us in our view and I know we -- I talked to Jim up front early about single levels, only I know that would be rather impossible based on the size of those lots, the width of those lots, but single level homes would be lovely there if we do do that, but I know sometimes that's a little more difficult to do and I'm in the real estate trade also. My second concern is that there are four lots that are actually included in the Black Rock Subdivision, they would be at the end of our -- our subdivision and will not be connected via a street to the -- to this subject subdivision. Those lots, being that they are at the end of our street -- at the end of Hyper Drive and Graphite, will be a cul-de-sac and being that they will look like they are part of our subdivision we would love for them to adopt our building specs and requirements for the continuity of our subdivision, we have done a really good job. I have been the HOA president in there since the inception of this when it was turned over to us and I think we have done a really good job in maintaining that and we have some million plus houses in there and those houses on that rim, if we could -- if they could adopt our building specs and everything. Also allow for the Black Rock architectural control committee to have input whenever there is a building being -- going to be proposed on that, we could have the ability to approve that -- those homes as well, I think that will help us, being that they are in a -- kind of in our subdivision and have those four houses adopt the Black Rock CC&Rs, in addition to the Southern Springs Heights -- Southern Highlands' CC&Rs. So, those are my points that I have. De Weerd: Okay. Thank you, Annette. Any questions? Hoaglun: Madam Mayor? Meridian City Council December 17, 2013 Page 30 of 54 De Weerd: Mr. Hoaglun. Hoaglun: If -- Annette, I want to be sure I know what you're talking about on two things. Alonzo: Uh-huh. Hoaglun: One, if Sonya knows where the -- those two lots are. I think they are the cul- de-sac, but (will -- Alonzo: There is four, actually. Hoaglun: The four right there. Okay. I just wanted to be sure that I had the right cul- de-sac. And, then, on the building heights, I just want to be sure, because you talked about 30 foot and 35 feet. From the dirt level no higher than 35 or was it 30? Alonzo: So, Jim Hunter his houses -- his two story houses are no higher ever than 30 feet. Hoaglun: Okay. Alonzo: I just want to make sure that that 30 feet is from the dirt level -- we are talking dirt level or not from the top of the sub floor, because that could make a three foot difference in our height and 35 feet is what the guidelines are for Ada County or for Meridian. Hoaglun: Right. Right. Alonzo: I know 35 feet is the maximum height we can have out there. Hoaglun: Okay. Alonzo: So, I would just like to have that 30 feet -- put that in as 30 feet maximum on those lots along that rim from the dirt to the top of the roof. Hoaglun: We will ask the applicant about that. Alonzo: Okay. Hoaglun: Thank you. Alonzo: Thank you. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council December 17, 2013 Page 31 of 54 Zaremba: A clarification on heights if we may. They aren't actually measured to the peak of the roof, they are measured someplace else, aren't they? Wafters: Madam Mayor, Councilman Zaremba, Councilmen, our zoning code allows a maximum building height of 35 feet. It is measured per building code and that goes to the mid point of the roof. Bird: Yeah. Zaremba: I just want to make sure you understand that it's not the peak of the roof that is measured to -- Alonzo: Okay. Well, anything over 30 feet is going to seriously obstruct our views off there, is what I'm trying to --the point I'm trying to make. De Weerd: Okay. Any other questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Alonzo: Thank you. De Weerd: This is a public hearing. Those are the folks that signed up. Is there anyone who would like to provide testimony on this item? Hood: Madam Mayor? If I could -- just one point of clarification on the -- the land swap that Sonya mentioned in her presentation and I think Mr. Schultz mentioned it, too. But the lift station site that is being proposed to be located and be adjacent next to the well site, Public Works staff is in favor of that, but I just want to be clear that the action tonight does not make that happen, there will have to be another action to actually swap those properties, so the preliminary plat doesn't mean that those properties change deeds. So, there will have to be another action before the Council to make that -- I am giving a favorable recommendation from staff on that, but just to be clear, this action will not rectify that this evening. De Weerd: Thank you, Caleb. Okay. Would the applicant like to make final remarks? Schultz: Thank you, Mayor and Council. Matt Schultz for the record. Yeah. The two comments that Ms. Alonzo brought up, the first one being building height. I did talk to Mr. Hunter and we are open and agreeable to those lots that abut the Black Rock existing lots that are there, to be 30 feet from the pad grade -- the rough grade -- pad grade through the peak of the house. If that helps. Thank you. And, then, the next one, as far as the four lots that are really up on the top and disconnected, they are Meridian City Council December 17, 2013 Page 32 of 54 larger lots, they are disconnected from us, they really are part of Black Rock. We are totally open to those being required to comply with the CC&Rs and the -- of ACC guidelines of the Black Rock, so we can fit in and be good neighbors there. And, lastly, on the lift station lot, I don't know if it was clear or not where that is. It's somewhere right in there. There is a lift station lot. You can see our road lining up with it right there. It just works really really well for that to go away and for not having to go into a public surplus property process where you have already got another site out there to swap into real close. So, it works out pretty slick. We are asking for your conceptual approval of that process and we will finalize that process with the next step of our final plat and we will finalize that. So, thank you. De Weerd: Okay. Anything -- any other questions for Matt? Bird: I have none. Rountree: Thank you for the clarification. Schultz: Thanks. De Weerd: Thank you, Matt. Okay. Council, any additional questions for anyone who has provided testimony or for staff? Hoaglun: Madam Mayor, question for staff and probably Bill. On the CC&Rs, I mean can we require them to abide by the CC&Rs in another subdivision or is that just a private agreement that they make between themselves? Nary: Madam Mayor, Members of the Council, you cannot make them do that. You can limit the building heights and you can limit the lot -- or the house sizes that they are requesting, but, no, you can't require that they agree to another set of contractual terms for another subdivision. You could require those -- if there is specific provisions that you think are relevant to our development agreement for those, that's certainly something -- you could have that discussion with the applicant. Hoaglun: But it was stated, Madam Mayor and Bill, in a public hearing, so they can deal with that matter and have it on the record, so -- okay. De Weerd: Okay. Anything further? Bird: I have none. De Weerd: Okay. Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 17, 2013 Page 33 of 54 Bird: I move that we approve -- or close the public hearing on AZ 13-016 and PP 13- 033. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-J and K. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 13-016 and to include all staff, applicant and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-J. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 13-033 and to include all staff, applicant and public testimony and include on the Black Rock backed up lots the building height not exceed 30 feet from floor to -- from grade to top of peak. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-K. Council, any discussion? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 17, 2013 Page 34 of 54 Hood: Madam Mayor? Real quick before we move on, if I may. Just a point of clarification on the last item. The way that that last condition about the height -- will actually be in the development agreement and on the plat. Bird: Oh, I'm sorry. Okay. Hood: It's fine, as long as everyone understands that, but that's the more appropriate place -- Bird: That would be in the preliminary plat. I'm sorry. Hood: We're good. Thank you. L. FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of Land in the R-8 Zoning District De Weerd: Okay. Item 8-L is final plat 13-042. I will ask for staff comments at this time. Wafters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a final plat. This site consists of 42.81 acres of land. It is currently zoned R-8 and is located on the south side of West Chinden Boulevard midway between North Ten Mile and North Black Cat Roads. The applicant has applied for final plat approval of 93 single family residential building lots and 24 common lots for the second phase of Bainbridge Subdivision. Written testimony has been received from Mike Wardle and David Turnbull. Outstanding issues for Council. Condition No. 4 -- excuse me -- 4-C needs to be deleted. It pertains to the removal of common lots shown in the cul-de-sac for planter islands. Would like to replace this with a new condition for the lots accessed by common driveways to be revised to comply with the minimum street frontage requirements of the district or the UDC standards in effect at the time of signature for lots accessed by common driveways. A text amendment before you later tonight will, if you approve it, change the lots accessed by common driveways to not require street frontage. So, that would be allowable. I will go ahead and turn it over to Warren for his comments on the application. Stewart: Madam Mayor, Members of the Council, I want to take a little bit of time here to discuss Condition 6.11. This condition has been an item of concern to the applicant and staff has met on a couple of occasions with the applicant related to this issue. This condition stems from the need to meet two requirements. First and primary reason for this condition is the need to meet fire flow requirements for this development without a secondary connection or without the completion of other mainline extensions that are Meridian City Council December 17, 2013 Page 35 of 54 part of other development projects, our water system cannot provide adequate fire protection to this development. Staff wrote this condition so the fire flow could be obtained in a manner that would also be consistent and in compliance with our 30 lot single connection rule that staff discussed with Council approximately three to four weeks ago and obtained your direction to move forward with implementation. It also allowed the applicant to be in control of their own destiny, instead of being dependent upon others. However, the applicant has expressed an interest in modifying this condition to allow them the option of waiting for other developments to complete mainline extension projects that would allow them to meet the fire flow requirements. If this condition were revised to allow that as an option, fire flow can be provided to this development through the mainline extension of other development. However, this would not address the 30 lot connection -- single connection rule that Council authorized staff to move forward with about three or four weeks ago. This is the issue that the Public Works Department would like to, essentially, discuss in the department report later in this hearing -- or this Council meeting. So, at the direction of the Public Works director we will be requesting your permission in that -- in our department report to temporarily suspend implementation of the 30 lot -- or 30 lot connection rule until we have had the opportunity to take that rule through a public comment and essentially input process that will come as a -- as we, essentially, move our development standards forward and we just felt like it made sense, since we are going to have to do that anyway and we are going to have to open, essentially, another comment period for that when we -- when we move through the process. So, we would, essentially, like to talk with you about that. Therefore, we are recommending that Condition No. 6.11 be modified to allow the option of waiting for other mainline extension projects to be completed as a means of providing fire protection to the proposed development and that building permits will not be issued until adequate fire protection is available and that the 30 lot limit be removed from this application. We are not suggesting in this that we touch applications that have, essentially, gone through the process previously, but, essentially, this would affect this application and, then, based on your decision in the, essentially, department report we would move forward as you guide us to do so. And with that I would stand for any questions. De Weerd: Thank you, Warren. Any questions from Council? Bird: I have none at this point. De Weerd: Okay. Any questions for staff? Okay. Would the applicant like to comment? Good evening. Turnbull: Good evening, Madam Mayor, Council. My name is David Turnbull. My address is 12601 West Explorer Drive in Boise. I appreciate the feedback that -- I have had a conversation today with Mr. Barry, Public Works director, and knew that this was coming up. I did have a 45 minute presentation to give you, I worked really hard on it, PowerPoints and the whole thing, but I think I will just suspend it, so -- Bird: Phew. We really really feel like we are missing out. Meridian City Council December 17, 2013 Page 36 of 54 Rountree: Did you put that in your back pocket? De Weerd: Did you bring it? Bird: Thank goodness for Tom Barry's -- Hoaglun: No. I think he helped him write it. Turnbull: I guess I'd just say we are in agreement. We understand the requirement for fire flow protection and all those things. We have alternatives to accomplish that and we appreciate the suspension on the lot limitation and so we agree with those conditions the ones Sonya mentioned and would ask for your approval. De Weerd: You mean I might get to my daughter's birthday party after all, uh? Turnbull: We'll see. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor, just -- just for a comment, David, I hope with our action that you will commit to working with us to resolve this issue for the future as we move forward. And I know you will. Turnbull: I always have. Rountree: Yes. Turnbull: Thank you. De Weerd: Thank you. Okay. Council -- or, staff, any additional comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Final Plat 13-042 -- Zaremba: Is this a public hearing? Rountree: Oh. It's not a public hearing. A final plat. We approve Final Plat 13-042 with staffs comments with respect to fire flow and number of houses on a water line. Bird: Second. Meridian City Council December 17, 2013 Page 37 of 54 De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. M. Continued from December 3, 2013: Public Hearing: ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts De Weerd: Oh, wow. I think I spoke too soon. Hood: I didn't know you had a party to get to, so I'm going to move this right along. De Weerd: Well, I might just leave in the middle of it, so -- just saying. I will go ahead and ask for staff comments on Item 8-M, which is a public hearing on ZOA 13-003. Hood: Madam Mayor, Members of the Council, this item we discussed a couple weeks ago. Justin Lucas presenting to you. You continued it to this evening's meeting with a couple of things -- couple of directions for staff to give a little bit more time for public and any potential stakeholders to consider the proposed UDC text amendments and to allow staff some time to research an effective way to insure that public hearing signs are removed in a timely manner. We did meet with code enforcement and have a couple things that we now know and would like to propose. Just a real brief refresher. UDC 11-5A-D3 requires public hearing notice signs to come down within three days after the final public hearings for a project. Code enforcement is aware of this issue of old signs remaining up certainly longer than three days. Some of them for years. After looking at those ones that have been up for a long time, their investigations have concluded that several of those old public hearing signs are located on properties outside of city limits where the property was either never been annexed or an applicant maybe didn't sign their development agreement, the ordinance didn't ever happen and, therefore, not within our jurisdiction or the project was denied and they didn't take it down. So, in that case the enforcement of our code is difficult, because it's still in the county. Going forward, though, also did also talk about kind of going forward for new applications and what I would like to do is present that -- that process, that solution to seeing this issue continue on into the future. So, what we are going to commit to do is the project planner will call the applicant -- in some instances maybe just an a-mail -- to remind them of the affidavit they signed at application. During an application submittal one of our things on Meridian City Council December 17, 2013 Page 38 of 54 our checklist is we require applicant to guarantee that they will post the site and take it down. But that's some three, four, five months after their last hearing. So, we are going to give them a friendly reminder, just say, hey, you know, it's a couple days after the public hearing, can you take your public hearing notice sign down and also it gives us a good opportunity, actually, quite frankly, to show them the Meridian way, to just base with them on the hearing the night before or a couple nights, ask them how things went, kind of what you're expecting or going to get the findings on in two weeks, that type of thing, just to touch base, kind of good customer service type thing. So, we will do that as staff within acouple -- within a couple few days after a hearing and, then, five to seven days after a public hearing and notify code enforcement. We will say, hey, these three or four projects were done five to seven days ago. At your leisure can you drive by and just insure that that sign has been taken down. If not, they will let us know and we will, then, recontact the application or give code enforcement officers or applicant- owners contact information and they can contact them directly saying, hey, it's been a week now, it's been three days, please, remove this or we will proceed forward with true enforcement. So, that's what we would propose at this point in time, to try that solution. We think it's a good first step. There are, certainly, other options. Before we talked about them, you know, sign another piece of paper or withhold their findings until they send us an affidavit saying, yes, in fact, we took the sign down. But this seems to be more user friendly for everybody and it's what we propose going forward. So, we don't need any code changes to make that happen, we just need some internal processes that we would like to implement and try it and see how it goes. Again, code enforcement seems to be willing to do this, too, and so that was, again, one of the main reasons for this continuation. So, I might just pause there. I'm not going to go through double fencing and common lots and all that other stuff we talked about before, we beat that. But just that item is what I wanted to take a little bit of time and update you on and see if you're okay with that approach or if you would like to try something different. Hoaglun: Thank you, Caleb. Council, any questions for -- Rountree: I think it's a great approach. It's much better than the enforcement attitude. Bird: Yeah. Hood: So, just in conclusion, then, unless there are anymore comments there, in conclusion what staff would recommend is approval to some of the UDC text amendment changes we propose. The ones we would like to continue out for the next round sometime in the next six months we will probably put another application together, is the changes to UDC 11-3A-6 and Table 11-5B-5 related to irrigation easements. That was something that Mr. Yorgason commented on -- there he is. He's here -- last time and staff -- and that came out at P&Z as well. And, then, also the industrial use changes that we had discussed last time we would also like some more time to think about that a little bit more and if that's the right approach or not. So, we would request that those changes not be approved tonight; but the rest of the changes in the staff report would move forward as -- as presented. So, with that, Mr. President, would stand for any question or comments you may have. Meridian City Council December 17, 2013 Page 39 of 54 Hoaglun: Thank you, Caleb. This is a continued public hearing. Is there anyone in the audience that would like to comment? Council? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I'd like to -- do you need it passed tonight, Caleb? I'd like to see it come back in a clean -- Hood: Sure. Bird: -- applicant, because, I'm not sure that I'm a hundred percent clear on what we are and what we are not -- I think I am, but I'm not enough to -- to stumble down the road. Hoaglun: And, Councilman Bird, do you wish to keep the public hearing open until that time we adopt or -- Bird: I don't believe we need to keep the public hearing open on that. I will let the other Councilmen and yourself -- Rountree: If you're uneasy with what you understand has taken place, I think we can close the public hearing -- Bird: We can -- that's what -- Rountree: -- and have Caleb bring back aclean -- Bird: A clean bill of what we are going to -- Rountree: -- bill of what we are -- Bird: -- what we are passing and what we are not. Rountree: I think that would be appropriate. Bird: That would be fine with me. Hoaglun: Want to do a motion? Bird: Mr. President? Hoaglun: Councilman Bird. Meridian City Council December 17, 2013 Page 40 of 54 Bird: I move we close the public hearing on ZOA 13-003. Rountree: Second. Hoaglun: I have a motion and a second to close the public hearing on Item 8-M. All those in favor, please, say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I would move that we have Caleb bring back a clean bill of what we are passing and what we are not on this UDC on ZOA 13-003. Rountree: Second. Hoaglun: Motion and a second to direct staff to bring back a clean copy of the zoning amendments and do we have a date certain that we would like to have that by? And, Caleb, do you have any recommendations? Hood: Mr. President, we can certainly do it at that first meeting in -- January the 7th believe is the date. Certainly plenty of time. Bird: That would be okay with the motion -- Hoaglun: Not controversial, so it's quick and easy. Rountree: Second approves. Hoaglun: So, second approves. So -- so, his motion is to have -- have the clean zoning amendment before Council at the meeting on January 7th. All those in favor, please, say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Community Development: Budget Amendment for Community Development Block Grant (CDBG) for the Not-to-Exceed Amount of $293,913.00 Hoaglun: Item 9-A, Department Reports. Community Development. Who has that? Caleb? Meridian City Council December 17, 2013 Page 41 of 54 Hood: Thank you, Mr. President, Members of the Council. I sent Lori home. I don't know that she had a party to get to, but I didn't want her to have to sit through all this other stuff, so I agree to present her budget amendment for tonight. As per usual the city has received our allocation for our CDBG appropriation for -- for this upcoming year. The city received and the Mayor signed the program year 2013 grant agreement with HUD. The dollar amount is consistent with the grant revenue identified in the PY- 2013action plan. This budget amendment reflects the grant revenue of 293,913 dollars in expenditures of same, consistent with that action plan. I don't remember the exact dollar amount, but in Lori's CAPER report earlier tonight there was somewhere around the neighborhood of 258,000, I believe it was, dollars. So, our entitlement is going up some 40,000 dollars this program year. The expenditures do reflect activities identified and approved in the PY-2013 action plan and HUD approved our action plan as amended with that sidewalk project that Lori brought up to you here a couple few months ago on Idaho Avenue. There have been some questions at the last public hearing on whether or not HUD was going to accept our project and they, in fact, have agreed -- just aquick -- if you don't remember we kind of have this placeholder project and they said we want you to name something and we did and they have accepted that and that's a partnership with ACHD to build some sidewalk segments on Idaho Avenue here west of City Hall. So, Mr. President, Members of the Council, that -- those are the speaking points with a little bit of my narration that Lori gave me and I will stand for any questions. Hoaglun: Thank you, Caleb. We will make it really hard. Council, any questions of Caleb? Bird: I have none. Rountree: I have none. Hoaglun: You're getting off easy. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve the budget amendment for the CDBG grants in the amount not to exceed 293,913 dollars. Bird: Second. Hoaglun: I have a motion and a second to approve the budget amendment for CDBG funding for the city and, Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. Meridian City Council December 17, 2013 Page 42 of 54 MOTION CARRIED: ALL AYES. B. Parks Department: Budget Amendment for New Workstation for Marketing Coordination for Not-to-Exceed Amount of $5,607.00 Hoaglun: Item 9-B, Parks Department. And I don't think see Steve here. I think he was going to be speaking to that. I don't know -- Councilman Zaremba, do you know? Do you want to -- Zaremba: I may be able to speak to that. The Parks Department has identified a need to have, essentially, what I would call a public information officer in -- in their department. There are many activities that they publicize. That's a budget amendment that will come before us at some point. A little premature to talk about that, but in the assumption that that will be approved they need to have a working space for that person and this is a budget amendment to approve building the working space in preparation for having that new employee for them. Hoaglun: Thank you, Councilman -- Zaremba: Mr. Nary appears to have something to add to that. Nary: Mr. President, Members of the Council, Madam Mayor did send me a note. She had told Steve that she would present that prior to her having to leave as well. This is a position that has been previously discussed with you. It is a transfer of position from one department to another, so you may not see a budget amendment potentially, just you may only see the personnel transfer, but this is the work station for that position. So, it's just a standard amount that is budgeted by the budget office for any type of tenant improvement for a cubicle space. So, that's where the number comes from. That's what it's for. You have had that previously presented. So, if you have other questions -- I'm not the HR person anymore, but I think I could probably answer it for you if you need it, so -- Hoaglun: Thank you, Bill. Council, any other questions? Bird: I have none. Rountree: None. Bird: Need a motion. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Meridian City Council December 17, 2013 Page 43 of 54 Zaremba: I move we approve the budget amendment for the new workstation for a marketing coordinator for the not to exceed amount of 5,607 dollars. Rountree: Second. Hoaglun: I have a motion and a second to approve Item 9-B. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Purchasing Department: Public Safety Training Center Discussion -Agreement Forms Hoaglun: We have already had Item 9-C, which was moved and has been addressed. D. Amended onto the Agenda: Public Works Department: Secondary Water Connections Hoaglun: We will go to 9-D, which was amended onto the agenda. And, Warren, you want to lead off on that? Stewart: Yes. President Hoaglun, Members of the Council, as you may recall, approximately three, four weeks ago we came to you with a -- essentially, a department report to discuss the creation of a rule that would limit the number of residential building lots that could be, essentially, established on a single connection. This was done in -- to address a couple of concerns, which we explained in more detail and t won't go into that tonight, but, essentially, it was to address some water quality concerns that we have and some of the issues that surround water quality and issues that cause those. It was also done in order to, essentially, increase the reliability of our water systems as, you know, getting too many lots on a single feed increases the likelihood that we will have potential customers out of -- out of service. Those issues are still very real and we do believe that there is a need to address those issues, but your direction at that time was, essentially, to move forward with that, implement that policy, and to go out and educate folks on that policy. We did that or started to do that -- go through that process. We went and met with the BCA and have had some conversations with other individual developers. There seems to be a lot of concern over the fact that they -- there wasn't enough public process and an opportunity for them to provide input and feedback on that policy.. Because we are already in the process of drafting a development standards manual, which we anticipate that this policy or this rule will be a part of and that manual will go out for a public process later this spring, probably around the April time frame, we felt that it's probably appropriate, rather than try and have this discussion now and go through this education process and, then, come back again and sort of reopen that -- Meridian City Council December 17, 2013 Page 44 of 54 potentially that discussion with that development standards manual discussion, that maybe it's appropriate for us to come to you and get your direction on, essentially, temporarily suspending implementation of that rule until we have the opportunity to put that into the design standards draft document and take that document out for a more robust public input and comment effort and, then, bring that back to you as a final document at a later date. So, I'm, essentially, here tonight in this department report seeking your direction on whether to, as I said, essentially, temporarily suspend that, go through that process with the design standards manual and, then, bring that back to you in the future. This would -- we anticipate that this would impact only applications that are in process now or that would come in in the future and that it would not undo any approvals that have been granted or done past. We feel that it would be problematic to, essentially, make that retroactive as some developments are now moving forward based on infrastructure that other develops are going to be putting into place and that might unravel that, so we don't want to touch anything that's been done in the past, but, essentially, put -- essentially, put the -- hit the pause button for a few months until we have an opportunity to go through a more robust public input process. And with that will stand for any questions. Zaremba: Mr. President? Bird: Mr. President? Hoaglun: Thank you, Warren. Councilman Zaremba. Zaremba: Thank you, Mr. President. Actually, what you're suggesting is what I thought we asked you to do in the first place, which was move forward with the public involvement, ask stakeholders and developers to make other suggestions as well and to do some further research and the move forward t didn't interpret as etch this is stone, interpreted it as, yes, this is worthy of spending time on, but the time is to involve the community in making other suggestions. Maybe I misinterpreted that, but -- Hoaglun: Councilman Bird. Bird: Warren, I have got quite a few concerns. First of all, that's -- if you go back and read the minutes of -- page 62 to 66 on -- on November 6th I believe it was, you will find out that we give the directions that Councilman Zaremba just said, it was go out and get the opinion and come back to us. We -- I have got -- and I realize we need to be pro- active, but I think you have to look in the past, too. I have lived 48 years in Meridian, Idaho, in the old section of town. I'm probably on one of the first or second wells and my -- I have asked my wife and -- we have never been without water, except when they were -- when they were flushing or when they come down and said we are going to shut it down for a half hour or something -- I don't know how many water mains we have break, but I don't think it's a lot. I think we need to -- if we are going to go forward with these requirements, we need to look back at the history of what our stuffs done and I would be shocked if we haven't upgraded all of our stuff within our water department from what it was in 1965. So, while I want to be pro-active, I also want to have some Meridian City Council December 17, 2013 Page 45 of 54 common sense and I look at -- at what Boise water -- they don't require any stuff like that. And, you know, if they don't, why are we having to? Is our wells and stuff not up to theirs? We have to worry about water quality or we have to worry about reliability? And I'm not -- you know, I just think we need to have some common sense when we set some of these rules. Hoaglun: Warren, any response, comments? Stewart: Appreciate the comments and the feedback. You know, certainly we got a different spin on the -- on the meeting that we had a few weeks back. That's neither here nor there. What we are hear tonight asking for is an opportunity to clarify the direction you want to go and we are asking for, essentially, your direction to suspend implementation of that until we have an opportunity to go through a more robust process. I will say that the City of Meridian generally does a really good job of providing redundancy in our system. That's done quite a bit through the fire flow requirements. Most subdivisions as they are developed you only can get to a certain size before we do not have the ability to provide adequate fire flow without secondary connections. That's not always the case. We do have a few situations in town right now where we have several hundred homes on a single connection and, essentially, one point of failure. That is a concern to us. We do have a few mainline breaks every year and the reality of it is that mainline breaks are not necessarily on old infrastructure. We have had several mainline breaks recently that have occurred on infrastructure that has been, essentially, installed within the last 20 years, which if you look at the life cycle of PVC they recommend it will last -- or tout that it will last a hundred. So, we do have mainline failures. The most common reason and rationale for that is improper bedding of the pipe. Nevertheless, we are just trying to mitigate a situation where we might have several hundred homes that are on a single point connection where one failure could result in them being out of service and out of fire protection. In addition, we also have water -- or the majority of our water quality complaints -- the vast majority of our water quality complaints come in subdivisions which have single point connections. Because we have to increase the residual -- recording residual in those subdivisions in order to maintain disinfection, it essentially precipitates iron and manganese out more quickly. So, we have brown water and, essentially, black water calls more commonly in those subdivisions. So, we are trying to address those issues. We have -- you know, we feel that we have received direction from the City Council to improve water quality in the City of Meridian and -- as well as provide a robust water system and that's the nexus for what we are trying to do here. We certainly -- like I say, we are willing to step back, take a look at this, work with the community, get input and feedback on how we might be able to do this. There might be some other incentives or things that we could, essentially, look at in order to make this more feasible and palatable for folks. This would give us the opportunity to take the time to do that. Hoaglun: Thank you, Warren. Meridian City Council December 17, 2013 Page 46 of 54 Rountree: So, Mr. President, I guess the sense here is that, yes, Warren, we agree with your recommendation and -- but let's move forward with that -- with that tact and for now it's suspended. Stewart: Thank you. Zaremba: Likewise. Rountree: Mike's got a comment, so -- Hoaglun: Oh. Mike. Wardle: Mr. President, Council Members, I realize this is not a public hearing, but Mike Wardle for Brighton. Warren just made a comment a few minutes ago about the suspension of the rule would not affect anything that had been previously approved, but I think you will recall that not probably five or six weeks ago this issue first came up in Banbridge No. 1, a 43 lot plat, was approved with the restriction of 30 lots. It was our belief at that particular point that the issue, essentially, asked to be further investigated and so I think Warren has said that that would not apply in that case, which would force us, then, to come back to the Council with a -- t think about a 504 dollar request to modify a condition of approval. I want to just get that on the record, that we will work with staff in the intervening weeks to determine what the Council's direction was that evening on Bainbridge No. 1, but we think that it -- actually, if the door was left somewhat open for us on further investigation on that matter. So, just wanted to put that on the record. Bird: Thank you. Hoaglun: Thank you, Mike. Yeah. That -- Bird: Mr. President? Hoaglun: Councilman Bird? Bird: Warren, can I ask you another question? When was this policy passed and implemented by the Council? Because I -- boy, I'm -- I'm blank. Stewart: Right. President Hoaglun, Councilman Bird, as part -- I guess one of the clarifications I want to make -- we are more than happy to work with this applicant to try and determine what the status, if you will, is of the -- of application that they came before us before and determine if there is -- you know, where we are at and if there is an opportunity to -- to work with them and modify that. I will say that this is not the first or only, essentially, development that this has occurred. Essentially, we -- as part of, you know, ongoing efforts to improve and look at situations and circumstances, this -- this issue came up probably a year and a half ago and there have been a few situations where we have put, essentially, a requirement for a second connection in other Meridian City Council December 17, 2013 Page 47 of 54 developments as part of the staff comments and they were approved as part of the staff comments. It wasn't part of a formal process or policy, simply a recommendation by the staff, you know, in this -- in individual cases that those requirements be, essentially, imposed on those developments and those went through that process, just as they would any -- you know, any other staff comment. We decided that, you know, as it kind of moved forward we decided that, well, it's probably something that we ought to seek some direction on as far as -- as far as a policy if this is something we want to continue to do, rather than on a case-by-case basis, we would just, essentially, make it part of our standards. And that's when we, you know, started having those discussions with you. In fact, the discussion that we had three or four weeks ago was not the first discussion we had with Council, we actually had a discussion a month and a half or so before that. So, we have had a few discussions on this issue, but we first started, essentially, requiring it as part of just staff comments on some developments approximately a year and a half ago. I want -- I want to point out that in many cases -- in fact, in most cases this rule doesn't apply, because subdivisions are built continuous to the city and if they are, you know, the connectivity is there and is required and it doesn't really come up in a lot of cases unless you're building out on the periphery. So, it hasn't come up a lot, but it has come up in conditions on developments probably for about a year and a half. Bird: Okay. Thanks, Warren. Hoaglun: So, Warren, I think you have got the direction of the Council and appreciate your work on that and we look to forward to hearing back eventually. Item 10: Ordinances A. Ordinance No. 13-1586: An Ordinance for Annexation (AZ 13- 009) of 26.53 acres to R-4 located North Side of Chinden Boulevard and West of N. Ten Mile Road known as Spurwing Orchard East Subdivision Hoaglun: We now move to Item 10-A, Ordinance No. 13-1586. Madam Clerk, would you read this ordinance by title only. Holman: City of Meridian Ordinance No. 13-1586, an Ordinance AZ 13-009, Spurwing Orchard East, for annexation of a parcel of land located in Lots 10, Block 1, of Westwing Estates and a portion of the southeast one quarter of the southeast one quarter of Section 22, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho and adjacent and contiguous to the corporate limits of the city of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Meridian City Council December 17, 2013 Page 48 of 54 Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: Thank you, Madam Clerk. Is there anyone in the audience who would like to hear this ordinance read in full? Seeing none. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve Ordinance 13-1586 with suspension of rules. Bird: Second. Hoaglun: I have a motion and a second to approve Ordinance 13-1586. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Ordinance No. 13-1587: An Ordinance (AZ 13-007 -Hacienda South Subdivision) for Annexation Of A Parcel Of Land Located at the East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road; Establishing the Land Use Zoning Classification of Said Lands from RUT in Ada County to R-8 (Medium-Density Residential) Zoning District and Providing an Effective Date Hoaglun: Item 10-B is Ordinance No. 13-1587. Madam Clerk, would you, please, read this ordinance by title only. Holman: Thank you. City of Meridian Ordinance No. 13-1587, an Ordinance AZ 13- 007, Hacienda South, for annexation of a parcel of land situated in Government Lot 2, Section 30, Township 4 North, Range 1 East, Boise meridian, Ada County, Idaho, and a parcel of land situated in the northwest quarter of Section 3, Township 4 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1 to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and Meridian City Council December 17, 2013 Page 49 of 54 providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: You have heard this ordinance read by title only. Is there anyone who would like to hear the ordinance read in full? Rountree: Mr. President? De Weerd: Councilman Rountree. Rountree: Move that we approve Ordinance 13-1587 with suspension of rules. Bird: Second. Hoaglun: I have a motion and a second to approve Item 10-B. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Third Reading of Ordinance No. 13-1582: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and Local Amendments (Title 10, Chapter 1, Meridian City Code) Hoaglun: Item 10-C is third reading of Ordinance No. 13-1582. Madam Clerk, would you read this by title only. Holman: City of Meridian Ordinance No. 13-1582, third reading. An ordinance repealing and replacing Tile 10, Chapter 1, Meridian City Code, adopting the 2012 International Building Code, 2009 International Residential Code, and the 2009 International Energy Conversation Code and local amendment thereto, adopting savings clause, validity, and penalty sections and providing an effective date. Hoaglun: Seeing no one who wants to hear this ordinance read in full - Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve Ordinance 13-1582 with suspension of rules. Bird: We don't have to suspend the rules. Meridian City Council December 17, 2013 Page 50 of 54 Rountree: Third reading. Zaremba: Complied with the rules. Hoaglun: And that was seconded by Councilman Bird? Bird: Yeah. Hoaglun: I have a motion and a second to approve Item 10-C. Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Third Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) Hoaglun: 10-D. Third of Ordinance No. 13-1583. Madam Clerk, by title only, please. Holman: Thank you. City of Meridian Ordinance No. 13-1583, third reading. An ordinance repealing and replacing Tile 10, Chapter 4, Meridian City Code, adopting the 2012 International Fire Code and local amendment thereto, and an effective date. Hoaglun: You have heard this read by title only and we have someone who, hopefully, doesn't want it read in full, but has a comment. Yorgason: Mr. President and Members of the Council, that is correct. I'm not asking for it to be read in full. However, we did discuss this item last week or two weeks ago and I just wanted to provide you a quick little follow up to the Council here. Holman: Excuse me. Could you just state your name and address for the record for the public testimony? Yorgason: My apologies. Holman: Thank you. Yorgason: My name is Dave Yorgason and at this moment I'm standing in front of you as the government affairs director for the Building Contractors Association of Southwest Idaho. My address is 14254 West Battenberg Drive in Boise, Idaho. I have provided some response to the city. I'm not sure if you have that in your packet or not, but we Meridian City Council December 17, 2013 Page 51 of 54 did some analysis in contacting all the surrounding cities, Ada County, as well as some of the other larger cities in the neighboring county, Nampa and Caldwell, both for this issue pertaining to secondary access, number of homes restriction there on one access, as well as the dual water source requirement, which we have had lots of discussion on tonight and I will not go into that any further, other than we thank you for suspending that rule and we hope that's suspended for some time. Secondly, with regard to the secondary access, we acknowledge that it is state code. We also acknowledge there are flexibilities in state code or how -- at least all codes and how they are implemented. In my discussions with virtually every fire marshal throughout this county neighboring county I have learned that there is variety in how this is implemented. So, we acknowledge the 30 homes will be a limit on the requirement for a secondary access to a subdivision, however, there are, in many instances, flexibilities, for example, it could be a nonbuild agreement until secondary access is provided. It could be -- and without going to the long list, we are just acknowledging and hope that the city, as well as the fire department, as we work with them, will -- will also acknowledge those same flexibilities that are accepted in other surrounding cities. Hoaglun: And I think, Dave, we had an example of that tonight on the 24 home development where they can use -- if future development drive aisle from the parking lot coming in type thing, so -- Yorgason Correct. Thank you. Hoaglun: Yeah. Yorgason: No other comments unless you have questions for me. Hoaglun: Any questions for Mr. Yorgason? Bird: I have none. Rountree: I have none. Yorgason: Thanks. Hoaglun: Appreciate it, Dave. Thank you. Yorgason: You're welcome. Thank you. Hoaglun: This is the third reading of Ordinance No. 13-1583. Council? Rountree: Mr. President? I move that we approve Ordinance 13-1583. Bird: Second. Rountree: And instruct and Council to remember that we are flexible. Meridian City Council December 17, 2013 Page 52 of 54 Bird: Second there. Hoaglun: We have a motion and a second to approve Item 10-D with flexibility. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. E. Third Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) Hoaglun: Item 10-E is the third reading of Ordinance No. 13-1584. Madam Clerk, would you, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 13-1584, third reading. An ordinance repealing and replacing Tile 10, Chapter 6, Meridian City Code, regarding flood damage prevention, Findings of Fact, purposes and objectives, definitions, general provisions, administration, provisions for flood hazard reduction and providing an effective date. Hoaglun: Thank you, Madam Clerk. Is there anybody wishing to hear this ordinance read in full? Seeing none. Rountree: Mr. President? Hoaglun: Council Member Rountree. Rountree: I move that we approve Ordinance 13-1584. Bird: Second. Hoaglun: I have a motion and a second to approve Item 10-E. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics Meridian City Council December 17, 2013 Page 53 of 54 Hoaglun: Item 11, Future Meeting Topics. I just -- Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: It's not really a topic, but since you will not be an official member of future meetings I wanted to thank you for your service. I have enjoyed serving with you, working with you, I have enjoyed your leadership as president these past two years and enjoyed your calm comments in all things and I can't say enough how much a pleasure it's been to work with you and I will miss you. Hope you will come back and visit every once in awhile. Hoaglun: Well, thank you, Councilman Zaremba. Now, I heard from our City Clerk tonight -- and I wanted to ask legal counsel, do I need to show up at the very first meeting -- Bird: You do. Rountree: Mr. President, I'm just going to tell you I agree with everything Councilman Zaremba said. It's been a pleasure to have you on the Council and work with you, but you're not done. Hoaglun: I do have to show up one more time. Rountree: You have to show up one more time. Hoaglun: Okay. That was my question. Bird: Mr. President, I agree with them, but I will give the long speech when you get up and leave. Hoaglun: Great. Well, we got some great people coming on the Council, so that's the good thing. Rountree: Looking forward to it. Hoaglun: Appreciate it. All right. Motion to adjourn? Rountree: So moved. Bird: Second. Rountree: All those in favor say aye. Motion carries. Meridian City Council December 17, 2013 Page 54 of 54 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR RD DATE APPROVED A rrnnT;t, ~4°,, .! CITY ~ ~'~ "- ._ `+~,.,~ __ ~~lh~ r~FA~~`ae~ ~~ Changes to Agenda: • Items #8F, G: Kinghthill Center -Applicant requested continuance to January 7, 2014. Item #8H & I: Casa Bella Subdivision (RZ-13.013 and PP-13-032) Application(s): Rezone and Preliminary Plat Size of property, existing zoning, and location: This site consists of 14.69 acres of land, is currently zoned L-0, and is located on the west side of N. Locust Grove Road, midway between E. Chinden Boulevard and E. McMillan Road. Adjacent Land Use & Zoning: The property is surrounded by residential development, zoned R-4. History: In 2008, the City approved the annexation of the church property with a development agreement. Summary of Request: The applicant has applied to rezone 5.44 of the 14.69 acre site to the R-8 zoning district and preliminary plat 1 church lot, 21 residential lots & 4 common lots. The gross density of the proposed subdivision is 4.07 dwelling units per acre consistent with the desired density in MDR areas of 3 to 8 dwelling units to the acre. The project will subdivide in a single phase. Except for the 25-foot wide landscape easement along the church lot, all of the lots conform to the dimensional standards in accord with the UDC. The main access for the residential portion of the development is from N. Locust Grove Road via E. Strauss Drive. A stub street is proposed along the south boundary of the church lot for future connectivity. The applicant has provided a concept plan showing how the west half of the church property could redevelop with the extension of the stub street. There are two (2) existing driveways to N. Locust Grove Road for the existing church. These driveways are proposed to remain with the development of the subdivision. The applicant has requested Council waiver to allow the access points to remain. ACHD staff is recommending approval of the existing access points and the proposed street network. A 25-foot wide street buffer is required along N. Locust Grove Road in accord with the standards listed in UDC 11-3B-7C. The submitted landscape plan does not include the existing landscape buffer developed on the church lot and must be included on the revised landscape plan submitted with the final plat application. The applicant is also seeking Council waiver to modify the 20-foot wide the landscape buffer between the church lot (south boundary) and the proposed residential development. Since this is an infill development and the existing church pre-dates the proposed residential development, staff is of the opinion the existing landscaping and the open ball fields should suffice for the requirement of the 20-foot landscape buffer. The submitted landscape plan depicts 0.52 acres (or 10%) of open space consisting of 50% of the Locust Grove Road street buffer, 8- foot parkways, local street buffers and passive open space. The proposed amenity is the 10-foot wide pathway adjacent to N. Locust Grove Road. The proposed subdivision complies with the open space and site amenity requirements in the UDC. Conceptual building elevations were submitted by the applicant. These elevations depict a variety of styles and building materials consistent with existing homes in surrounding developments. A condition in the staff report requires the same architectural details on the rear fagade of the homes adjacent to N. Locust Grove Road. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: Cathleen Turek and Randy Clarno iv. Written testimony: Kirsti Allphin Key Issue(s) of Discussion by Commission; None Key Commission Change(s) to Staff Recommendation: None Written Testimony since the Commission Hearing: None Outstanding Issue(s) for City Council: The applicant is seeking Council waiver on the following items: 1) Allowing the two (2) existing driveways via N. Locust Grove Road for the existing church to remain; 2) modify the 20-foot wide the landscape buffer between the church lot and the proposed residential development. Notes: r ~~ Items #8J & K: Southern Highlands Subdivision (AZ-13-016; PP-13-033) Application(s): - Annexation & Zoning - Preliminary Plat Size of property, existing zoning, and location: This site consists of 123.45 acres of land, is currently zoned RUT in Ada County, and is located at the NWC of S. Eagle Road & E. Taconic Drive. History: In 2006, the subject property was platted as Lots 16 & 24, Block 1, Blackrock Subdivision in Ada County. Comprehensive Plan FLUM Designation: LDR & a public park (Update: Since the Commission hearing on Nov. 215; several items effecting development of the site have changed that were not taken into consideration in the Commission's recommendation. A 3.6 acre public park was originally proposed to be dedicated to the City that the Park's Department is no longer requesting; the plat has been revised to incorporate 7 new building lots in this area. The private park increased from 2 to 2.4 acres; the density increased from 2.05 to 2.13 d. u./acre; and the configuration of the plat changed at the west boundary to break up the long block & cul-de-sac lengths as requested by staff. Summary of Request: The applicant proposes to annex & zone 126.27 acres of land with the R-2 (47 +/-acres) & R-4 (79+/- acres) zoning districts. A preliminary plat is also proposed to re-subdivide the property into 169 SFR lots, 12 common area lots, and (1) 45- acre lot for future re-subdivision. The maximum gross density of the western 79 acre portion of the site is 2.13 d.u./acre, consistent with the FLUM designation of LDR. A total of 11.4% of the western portion of the site is proposed to consist of qualified open space consisting of a 2.4 acre private park, common area, pathways, street buffers & parkways; and site amenities consisting of pathways, swimming pool, pool house, playground & picnic shelter are proposed in accord w/UDC requirements. Access is proposed on the plat from S. Eagle Road via E. Taconic Street. Stub streets are proposed to the west, north & east for future extension & interconnectivity. At this time, only asingle-point of access is available to this subdivision. Because there are already 44 lots (approximately 30 of which are built out) in Blackrock Subdivision with asingle-point of access off of Taconic Drive, a secondary emergency access is needed at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. Water & sewer service to this development is contingent upon the developer extending a water main & a temporary sewer main into this development from the future Whitebark Subdivision to the north. With phase 1, the temporary sewer main will be extended to the existing sanitary sewer lift station constructed as part of Black Rock Subdivision. This lift station will be decommissioned and the land is proposed to be traded for land owned by the developer adjacent to the existing City well lot. A minimum 25-foot wide landscaped street buffer is required along Eagle Road, an arterial street, & a 10' wide pathway is required along the east side of the property adjacent to the Ten Mile Creek & Eagle Road in accord w/the Master Pathways Plan. A 30-foot wide buffer already exists along Taconic Drive, a collector street; a 5' wide detached sidewalk is required to be added within the buffer. There are several irrigation ditches that traverse this site that are required to be piped w/development of the site; the Ten Mile Creek runs along the NEC of the site & is required to remain open as it is a natural waterway. A portion of this site lies within the Meridian Floodplain Overlay District. Prior to any development, a floodplain permit is required. The southwest boundary of this site lies at the bottom of a significant slope where the homes above sit on a ridge approximately 20-40' above the proposed subdivision. The plat depicts a 50' wide slope easement on the rear of the lots in this area. The slope area is proposed to be owned and maintained by individual homeowners and will be landscaped & maintained in a consistent manner through CC&R requirements. Conceptual building elevations have been submitted for future homes in the western portion of this development. Because future structures on lots that back up to or face E. Taconic Drive will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to breakup monotonous wall planes and roof lines. Commission Recommendation: Approval w/conditions Summary of Commission Public Hearing: i. In favor: Matt Schultz; Tim Foster ii. In opposition: None iii. Commenting: Martin Fabricius; Gwen Boyle ti ,. r iv. Written testimony: Matt Schultz; AI and Barbara Berlat; John and Helen Huffman v. Staff presenting application: Sonya Wafters Key Issue(s) of Discussion by Commission; i. The placement of the sidewalk along E. Taconic Drive. Key Commission Change(s) to Staff Recommendation: (the following items are no longer applicable) i. Modify DA provision #1.1.1a to reflect a 3.6 acre park site instead of 7; ii. Add a DA provision requiring the developer of the eastern 45-acre portion of the plat to dedicate a minimum 3.4 acre park to the City prior to City Engineer signature on the first final plat (#1.1.1 b); iii. Modify DA provisions #1.1.1d & 1.1.1e to allow the pedestrian easement for the multi-use pathway and the street buffer along Eagle Road to be completed with the first phase of development of the eastern 45-acre portion of the plat. Outstanding Issue(s) for City Council: i. This application maybe remanded back to the Commission for their recommendation on the updated application if Council deems appropriate. Written Testimony: Matt Schultz, Applicant's Representative, submitted a letter dated Dec. 12th w/updates and clarifications to their application; Staff responded w/a memo dated Dec. 13th, and with a revised memo dated December 17th. The applicant is in agreement w/the provisions in staffs latest memo. The applicant requests approval of the following: - The construction of the pool & pool house not be required until the 2°d phase of development. Staff approves of this request provided That the tot lot & picnic shelter is constructed with the 1St phase. - The trade of 9,196 s.f. of land owned by the City where the lift station is currently located with an equal amount of land owned by the developer adjacent to the existing well lot to enlarge the well site. Staff is amenable to this request as the lift station will no longer be needed once gravity sewer is extended w/phase 1 & will need to be abandoned. If Council approves the trade, the configuration of the well site should be approved by PW; the area added to the well lot shall be usable area & not include any of the area required for the street buffer or sidewalk. - A DA not be required as a provision of annexation of the eastern 45 acre portion of the site. Because the R-2 zoning will limit density on this site, staff is amenable fo the request. However, Council should be aware that not requiring a DA does not tie the developer to conceptual elevations and thus, will not guarantee quality of design. - The street buffer and multi-use pathway along the eastern boundary of the site be constructed at the time of re-subdivision & development of the eastern lot. Because the area proposed to develop at this time does not fronton Eagle, staff approves of this request. StafflCommission Recommendation: Approval w/a development agreement on only the western 79 acre portion of the site per the provisions in Exhibit B and the revisions agreed upon with the applicant in staffs revised memo to the Mayor & Council dated December 17th, 2013. Notes: .~ #em #8L: Bainbridge Subdivision No. 2 (FP-13-042) Application(s): - Final Plat Size of property, existing zoning, and location: This site consists of 42.81 acres of land, is currently zoned R-8, and is located on the south side of W. Chinden Boulevard, midway between N. Ten Mile & N. Black Cat Roads. Summary of Request: The applicant has applied for final plat approval of 93 SFR building lots & 24 common/other lots for the 2nd phase of Bainbridge Subdivision. Staff Recommendation: Approval w/conditions Written Testimony since Commission Hearing: Mike Wardle, David Turnbull Outstanding Issue(s) for City Council: • Delete condition #4C, "Remove the common lots shown in the cul-de-sac for the planter islands (ACRD requires that they be in right-of-way and not common lots). A license agreement with ACHD will be required." • Include a new condition for the lots accessed by common driveways to be revised to comply w/the minimum street frontage requirements of the district; or UDC standards in effect at the time of signature for lots accessed by common driveways. Notes: Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Minutes Approve Minutes of December 3, 2013 City Council Meeting MEETING NOTES ~F~f" Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS s Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5D PROJECT NUMBER: RZ 13-012 ITEM TITLE: RAISIN' ANGELS Findings of Fact, Conclusions of Law for Approval: RZ 13-012 Raisin' Angels by Engineered Structures, Inc. Located Northwest Corner of E. Pine Avenue and N. Nola Road Request: Rezone of 1.54 Acres of Land from the I-L (Light Industrial) Zoning District to the L-O (Limited Office) Zoning District MEETING NOTES ~/ GPPR09f6 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: December 17, 2013 ITEM NUMBER: 5E PROJECT NUMBER: AZ 13-013 ITEM TITLE: CREEKSTONE SUBDIVISION Findings of Fact, Conclusions of Law for Approval: AZ 13-013 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Annexation of 6.92 Acres from RUT in Ada County to the R-8 (Medium-Density Residential) Zoning District MEETING NOTES ~ ,: ~a~~~ ~.~.~ ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5F PROJECT NUMBER: PP 13-029 ITEM TITLE: CREEKSTONE SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-029 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Thirty- Two (32) Residential Lots and Six (6) Common Lots on Approximately 6.92 Acres in the Proposed R-8 Zoning District MEETING NOTES '1~ ~' •' °d ~ C~ Ste. i ~~~ II 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: December 17, 2013 ITEM NUMBER: 5G PROJECT NUMBER: PFP 13-001 ITEM TITLE: TWELVE OAKS Findings of Fact, Conclusions of Law and Order for Approval: PFP 13-001 Twelve Oaks by JLJ, Inc. Located at 1845 W. Franklin Road Request: Preliminary and Final Plat Approval Consisting of Two (2) Building Lots on 9.43 Acres of Land in the TN-R and C-C Zoning Districts MEETING NOTES 7 ~FPrYOPE~ 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: December 17, 2013 ITEM NUMBER: 5H PROJECT NUMBER: FP 13-045 ITEM TITLE: COPPERLEAF SUBDIVISION FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning District. MEETING NOTES ~a ~~~~~~ t x' 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: December 17, 2013 ITEM NUMBER: 51 PROJECT NUMBER: FP 13-044 ITEM TITLE: GOLDEN VALLEY SUBDIVISION FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. MEETING NOTES 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 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5~ PROJECT NUMBER: FP 13-043 ITEM TITLE: TUSTIN SUBDIVISION NO. 2 FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1 /8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 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: December 17, 2013 ITEM NUMBER: 5K PROJECT NUMBER: AZ 13-007 ITEM TITLE: HACIENDA SOUTH SUBDIVISION Development Agreement for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium-Density Residential) Zoning District MEETING NOTES M~ 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 15 BOISE IDAH012119113 12:02 PM RECORDEDC REQUEST of III Iillllilllllllllif (flll(Ilillll III Meridian City 11313512E1 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Jayo Investments Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~~ day of ~e~e~~ , 2013, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Jayo Investments, Inc., whose address is 10564 W. Business Park, Boise, Idaho 83709 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for /''~ each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property;. and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require orpermit as acondition of re-zoning that the Owner/Developerrnake a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexationand/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Medium Density Residential District (R-8 District) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developerrnade representations at the public hearings both before the Meridian Planning & Zoning Commission and before the /"~ Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 1 OF 9 ~~ 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6~` day ofNovember, 2013, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developerdeern it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and r"1 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and toensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 2 OF 9 ~\ Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers Jayo Investments, Inc., whose address is 10564 W. Business Park, Boise, Idaho 83709, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re-zoned R-8 (Medium Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. /'1 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: S. l .a. The Owner/Developer shall comply with the submitted conceptual elevations attached as Exhibit C. The rear of structwes on Lots 2-22, Block 3 that back up to Meridian Road and Producer Drive shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. Prior to the issuance of a building permit, the owner/developer must obtain Planning Division approval of the home elevations adjacent to Meridian Road and Producer Drive. 5.1.b. All open space and amenities developed with the Hacienda and the Hacienda South Subdivisions shall be owned and maintained by a single homeowner's ~ association ensuring compliance with the open space and site amenity standards set forth UCD 11-3G. Prior to City Engineer's signatwe on the first phase of the final plan, the owner/developer shall provide written DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 3 OF 9 ~~ documentation that the use of the open space and the amenities are for the benefit of both subdivisions. S.l.c. Prior to City Engineer's signature on the first phase of a final plan, the owner/developer shall provide written documentation that the Saguaro Canyon HOA has deeded the right-of--way (ROW) to ACRD for the N. Rio Vista Way road extension. S. l .d. If the Central District Health Department (CDHD) determines the pool facility is under sized to serve the proposed developments (Hacienda and Hacienda South), the .owner/developer shall upgrade the existing pool facility in the Hacienda Subdivision or construct a new pool facility within the Hacienda South Subdivision. 5.1.e. The owner/developer must abide by the terms of the by-laws for the .existing Hacienda as it relates to conducting the annual meetings and informing the homeowners of HOA business. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ~"1 ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Froperty or any other person acquiring an interest in the Property, fail to faithfully comply with all of the tenors and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, OwnerlDeveloper shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developerthat isnot cured after notice as described in Section 7.2, Owner/Developershall bedeemed to have ~,,.~ consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 4 OF 9 ~1 ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer ofany one or more of the covenants or conditions hereof shall apply solely to the. default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and /~`1 conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require, surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the ~ Owner/Developer agrees to provide, if required by the City. DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 5 OF 9 i'1 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 /'1 OWNER/DEVELOPER: Jayo Investments, Inc. 10564 W. Business Park Boise, Idaho 83709 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 6 OF 9 /"\ 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be bothbenefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this. Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designationand/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City /'\ Clerk. DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 7 OF 9 /"'\ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Jayo Investments, Inc. P By: ~ !! v' ~ f , ~"~ i"~ CITY OF MERIDIAN ~~ By: Mayor T y e Weerd ~,..~.-..a ,_~, DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 8 OF 9 ~"'\ r"1 STATE OF IDAHO ) . ss: County of Ada, ) On this ~~"day of ~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared ,known or identified to me to be the (kP51c~PCY'~C, of Jayo Investm nts, Inc., and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand. and affixed my official seal the day and year in this certificate first above written. (SEAL) ~O~A#1 ~~~ -~ , P~1.8~'' Notary Public fo: Residing at: My Commission S STATE OF IDAHO ) ss County of Ada ) On this~~_ day of 1~..Ce~i~~. , 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 or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••... ~•tiGR. Q~,~p-•. :Ev~.*~~ARp ~':: (SEAL) ••a; • ~` i ', G ~. ~$,1; ~ ~• • •...... tary Public r Idaho Residing at: Lfp„~;c~ (l _ Commission expires: / C~ DEVELOPMENT AGREEMENT -HACIENDA SOUTH (AZ 13-007) PAGE 9 OF 9 /'~ EXHIBIT A Legal Description ijl J.J. Howard Consufti En~ineers~, 1~«.na.-sown sueawr,an ,:o<A~>~ Paroei'A' A parosl of Mnd skwNd in Oowrnmsnt Lot 2, 8ecOon 30, Township 4 NorOr, Range 1 East, 8olse Metidfan, Ada County. Idaho, moro partla~tary desorWsd as blows; Bpfnnkp at Ore West Quarter comer of saki 8ecOon 30, merited by a bond 3.112' Brass Cap; thfrros North 00 deprw 00'OOr East, 708.14 hst, akxp iM Wist Nne of said Section 30, b a point m+ak~d 4y • set P.K. naN and wasMr, L.S.. 074; tirerroe Nortlt N depnes 41'22'; ~, 26.04 het, b a point c-n Ow EuMr1y dpM of way'Nne ai NorSr Mieridfwn Roed, madcsd by 4 sN 1¢' I.P. and pap, L.S. 87+1; 1t~-rrce caMlrxrkrp North N dnpnet 41'22' Ewt, 1074.72 feet, b 4poiM on 1M Wa11I18 Nne ot's~ld Section 30, marked by a set O,te• I.P. and ap. L.S. 0741Mnos South 00 depne 04'38' West, 70,1.00 het, akmp sell Wes11l1A Orrs, b IM Cerrter- West 1/1d comer, marked ey a eet til8" I.P. and cep, L.8.074;1Mna 8owh Ilp dsprees 40'32' Wes1,1073.00 het, akxp Ore EastlVYest mW~actlon Nns, b a poMt on the Eastery rtpht of way Xne of Norm Maidian Road, marled by s sst )4' i.P. and cap, L.8.074; Orence /"~ 8owh 80 ds0rees 40'32" West, 26 het, b Ow point d bsgtrrrrkp. Exosptip Irorrr Ore abo~w-0esaibed Tract Lot 1~, a parcel for deed Mew purposes, dacrbsd M bNows: Corrwnenolrp at Ore West quarMr coma of satd 8adbrr 30, marked by ab~nd -1lx' Brass Cep; thence North oo depre. oo'OOr reel. 3sat-.07 ~..t. atorq tn. w«c wee ot.ala 8«~a, 30. b e poMd; Mrsnoe NorOr M degrees 40'67• East. 640.60 feet, b a pokrt marked by s sit 6J6' I.P. and cep, L.8.874; Ore paint of irw lsepYrntnp; O»nw North QO degree 02'16' Eaat, 20,1.71 Mat b a point; Oierroe NorO- t0 dspna 40'67" East, 208.71 het b • point; thence South 00 dspn» 02'111' Wsst, 20!1.71 twt b • polfrt;lherroe SouOr A0 deprfes 47 67' West, 200.71 het b Ors point of Moe bspinnirrp. Parosl Corrhins 10.00 awes more or less. a pROw-L etr JUT. 11 cuu MErp01AN GOMMUNIt'Y DEVELOPMENT OFi'T. Vw f+.+'Iwawut.a,.sr.wiw..~.wrnaww..-{Q~pllppp~pe.Trtwan~rfl/MVMIfnTY<M WJfCA~H'fMaM.Ww*..Wr.wyru.i,~}/tMW.p ifs! W. strati 8~, 804. D, •elry 1D iS70Jr (soaj NNfi7, FAIT (201) /4i-8s22 ~~ Hacienda South AZ-13-OdT 1'~ EXHIBIT A 1 1 J.J. Howard consulting Engineers__ _ HadsnOa-South t3ubdlvlsbn For ArtnexsAbn Peroet •8. A psrcet of Nnd sttwted in Itte NatMMest ptrarter (NW1M) of Saotion 30, Township 4 Notttt, Rape i Eat, Boise tuMrkNan, Ads Cotrrdy, kisla, sontebrnes known u tot No,1-s of R8 ti04, more partk~tMrltt described a toMows: Commencing at the West tpnrrter corner of said Ssdbn 30, marked by a totrnd 3.1J2' Brass Csp Morrumsnt; thetxe North 53 degnss 52'39' East, 6tt0.30 het b NN t3oulMtresterltr oorr»r of sake 1011-a, the point of trw bsglrrnNtg; thertoe North 00 dens 02`16' East, 20ls.71 NM b e point; therroe t~lorgt ~ dprs~e 40'ST fast, Z05.7t hst to rs poiM;,~1M1Ce 8otrth-OO decree tn'1ti' West, 205.71 test b s pohft; tlfrtroe 8otrtlr ~ dsprees 40'57' WeN, 24Q.T1 Pest, b !M pdM of bue begkirdng. ParoN B oordsNts 1.acn more or Na. Together with deeded soass eaantent kr s and puss, uuNli.s, Irrigatlon end drsinps, ttdrty (30) NM !n width, o++er and aaos: the toMowirp described tract: Contrrt.rxing at cake Wat chran.r corner of said t3eotion 30; thence North 00 degna 00'00' F.rai, 308.07 het sk~rrp Nre West Mr» of said 8eotion 30 b e point; U»nae North N degrees 40'67' Eest, 25.00 teN b a point on ~ Eestergr right o/ w.y wie of North AMrkllan Road, M» poled d true bapNxrkp; thence North 00 degree 00'00'' Fat, alorp sold Nrre, b ftte poNd of iMenecfion with tM NotilNrly tine of sold sasernsrd; ttrarwe abrp raid Iirre, North 6o degree! 40'67' Eat, 600.72 Net b fhe point of ourvNuro of a oorrcws ctxw b the Isit: thence alorp said ourw, 32.47 Nei b e point on the Westerly line of eakl l.ot 1-a sskt curve hevtrrp • Cerdnri ArpM d T4 degrws 2b'13', a Radka of 25.00 Net - U» Chord W wtrioh veers North 62 dsgna 2tf'21' test. 30 24 fseG dtena atone said lot Nne, North BAr 40'S7'EF~.sstg7tl.64 NN, b the 8outtwrestsrty comer of said Lot 1-a; ltrenoe noMarlgerd oortvex Ctlrvr b the rlplrh thane ~ 8oulMry Mr1e of said (.ot 1,s, to a point on s Abrp acid arrw, 3T.ab het, !o the point of tarpsrwy- sskl ourw Mvkp a CerttnstArpN of 4tl dpna 11'23" , e Radka of 46.00 fief -the Chad o/ wfrich here South 8b defines 36'1b` West, 35.74'set; thence atone Ere Sotrtl»rty Nrre of sskt essernertt, 8ouq~ do dsgnes 40'67' West, 650.50 Net. b the point of true begtru-krg. r, Hacienda South AZ-13-007 bete 1N, state it., ate. D, Ool~ YD el703, (2Wj i4H!!7, FAX (~Oej i1i-~22 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: INITIAL POINT GALLERY Acceptance Agreement: Display of Artwork of Keaton Skyles in Initial Point Gallery from January 3 to January 31, 2014 MEETING NOTES ~~ F Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~'`1 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~_ day of ~~ ~"Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"}, and Keaton Sicyles, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 3, 2014, at 9:00 a.m., ar at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 3, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2014 to January 31, h 2014, in accordance with the terms of this Agreement; and shalt be responsible for removal of such artwork on January 31, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT TNITGIL POMT GALLERY DISPLAY PAGE 1 ~~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, ~..,\ and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City .concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ~~ V. DISPLAY. A. Original artwork Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~ E. Removal. of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is Qr is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point~Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses.-and expenses caused or incurred by Artist or Artist's servants, agents, employees, r,.,~ guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~"~ growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall beaz any and all risks of, and actual,-.loss of, theft of, and/or damage to the artwork prepazed for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepazed under this ~••~ Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds _ior termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon .death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 ~"'t VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner.of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is~not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any, and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered .except upon written agreement signed by both parties hereto. ~..~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, perfo~zmance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rightsaand remedies. 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: /"~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 /"\ rtist: Keaton Skyles 533 N. Grove Way Nampa, ID 83651 208-880-6060 keatanQa skyles.us Gallery Curator: .:;Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642 (208) 887-6473 dwight5332@q.com City: Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane@meridiancity. org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~~ day of 2013. ARTIST: v Keaton yles CITY OF MERIDIAN: BY: y!''vfl1 _ T y de Mayor Attest: ~~ aycee City Clerk ~C~en"~'~n nuctst ~,s L o~, • ~,t Ii~IAN~=- ~oaHa w y ~~ s nFYrFR ° f t A e 18 F p5U0.Q ~Pv ACCEPTANCE AGREEMENT ~`\ Exhibit A /`t /`\ ~ Meridian Commission Call for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Nall (33 E. Broadway Avenue, Meridian, Idaho), and is open tv the public during City working hours. Initial Point Gattery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 2086 of proceeds from sales of art displayed in Initial Point Gattery. EUGlBlLil'Y: Two-dimensional works displayed in Initial Point Gattery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed wilt be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75~ of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 initial Point Gattery Series must provide the following materials and information to MAC it order;to be considered for selection. Completed, signed Application.R Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's kyork); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiarzcity.org or upon request. Limited assistance producing digital images;may be available upon request. Materials submitted will not be returned. DEADLINE: A(I proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by fetter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; . • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the fallowing resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: 8y mail: Meridian Arts Commission ~ Att,~: 2014 initial Point Gallery Series 33 East Broadway Avenue Meridian lp 83642 By a-mail: macC~meridiancitv.arg ,~~ ~~ Exhibit B ~'"~ 1~-- Z t/9 s W ~ 'a '; i s ~~. i ~ {; ~ I ia~ ~. ~+, i 11 I v r F ~ ' ~ ~ '~~ ~ ~. ~{ r~ 4' 1~ `'$ t,?~ l .. ~ -, ~ i °t~ ~~ ,~ ,:;~, . /'~ ..~----- Meridian Commission Application £~ Acknvwled~ments: 2014 INITIAL POINT GALLERY SERIES APPltCANT CONTACT INFORMATION Check one: ^ I am submitting this application as an individual. ^ I am submitting this application for this organization: Q I am sub i ing this a p ' io f r an informal group: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: Eveni g: Cell: '" 1N V r~+ ~••~ '" APPLICATION OVERVI Check all that apply: I/we propose to fill one half of Initial Point Gallery with two-dimensiona! artwork. /we propose to fill the entire Initial~Point Gallery with two-dimensional artwork. I/we propose to fill these display cases with 3D artwork: 24"Wx24"Dx42"H O 24"Wx24"Dx36"H D 24"Wx24"Dx30"H 24"Wx24"Dx24"H Number of 2D pieces: Average size of 2D pieces: ~1 Number of 3D pieces: Average size of 3D pieces: "' PPLICATION MATERIALS: ~ Completed, signed Application ~ Adcnow[edgements Form. (informa! groups: each artist must sign separate form.) Biography of artist or informational statement regarding organization, no longer than one 8'~ x i1"page; A letter of intent, descrfbing: a. Artist/Organization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed far display. Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with organization name ar artist's last name and the title of the work (e.g.: name.title.~pg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images wilt not be accepted via a-mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. T) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at [east one-quarter inch (%4")for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the disCance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may n~,,ii be used for hanging. initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), far displaying three-dimensional artwork. ~ ACKNOWLEDGMENTS: i, ~ hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initi Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that: A. Before my work wil! be displayed in Initial Point Gallery, I will be required to enter into an Acceptance. "'~~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ~B. ~~ r If my work is selected for display in Initial Pont Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and wlil not assume liability for any lass or damage. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide,insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initiai.Paint Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. -.~. While it is Intended that each exhibit in Initial Point Gallery wil! be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. Artwork submitted for display in Initial Point Gallery must be original works conceived and created 6y the artist (or by artist members of the organization) submitting this application. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understa al[ of the foregoing stipulations and do agree to these general terms and conditions. Signature: ~ rint name: Date: ~ ~~ " To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials end fee, via U.S, mail, to; Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian !D 83642 /"1 Thank you forygpr interest) Meridian Commission Artist Statement for initial Point Gallery Show After studying ceramic arts for 10 years in school, I have become inspired by many different cultures and their ceramic forms, techniques and finishes. Following my visit to the Metropolitan Museum in NYC,1 became very Influenced by Greek forms and hand polished finishes using fine slips and terra sigillata. I also have been very influenced by Native American work, Japanese porcelain and firings, as the plethora of modern ceramic art. My favorite artists begin with Jun Kaneko, Richard Notkin and Van Gogh. My work takes influence from ail of these bodies of work, combining them into timeless forms and finishes. i focus mostly on art with less interest in function; besides my ceremonial tea sets which are fully functional. For the show I will be planning to do fairly medium to large scale pieces consisting of: Ceremonial tea sets, wall plates, large scale vessels, and a large sculptural form, possibly a light fixture. i will be using glazes and techniques that will combine different influences' and flow together as a body of work. Ceramic Artist, Keaton 5kyles au~~Z 3io I became very interested in clay arts during mytime at Nampa High. My sophorrmare year I learned the basic techniques of pinch, slab, tail, and was immediately mesmerized by the wheel. It wasn't long before I~was staying after school to practice. I studied for 3 years in Nampa, and found time to take 9 semesters of upper division ceramics at BSU while working on my degree in psychology, which I finished in 2010. In the spring of 2011 I started to..put together my own studio In Nampa. Currently my main interests are Raku (an ancient Japanese tradition of removing "red hot" ...pottery from a kiln at a temperature around 1000~`c or 1830*f and reducing them until cooled in a sealed container with combustibles, causing dazzling surface effects. I also pull pats at a slightly lower temperature and burn horse hair into the surface (like the piece above), and/ar other organic material. Porcelain is my favorite ciay body which I make a lot of functional work out of, cups, bowls, tea sets, jars and plates. Ceramics is a productive and usually relax€ng hobby that 1 am working to excel in. I am also studying photography, enJoying my time behind the camera, chasing a sunset, or searching for a great photo. -[t is always an honor to have my art a part of your daily environment. Handmade is the best made! My studio and my main display are located at: 1927 N. Midland Ave. Nampa, ID - Front office at Hanson's Memorial. I can meet you down thereon most days or you are welcome to stop by regular business hours. Mon-Fri 10-5 Knit Wits- (bowls, knitting bells, buttonjjeweiry jars, teapots) $850 West Fairview Ave. Boise, ID $3704-8210 Bernen's- (Horse hair vessels, jewelry jars, etc) 2232 W Maln St. Boise, ID. 83702 Thanks for the support, Hope to see you soon i :antact: Ce11:208-880-6060 Work:208-466-3654 keaton[a~skyles.us Keaton S~Cy~es Ceramic Artist 19z7N. Midland 61vd. NamPa,1D 8651 Phone: Z08 880 606Q email: keaton@~ S~CuI~•us ~t5~.com Paceboalc: Keaton Slcyles Clay tv Photo. Ceramic Arts: Keaton Skyies H H H Q Z N1 2 F- Q W H s.i H Q Z O H 1-~ a W ~ : .. i~:~~,~ ,. '~~~tP.`t'f R.; 's, _ ~~~ ` i. Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: INITIAL POINT GALLERY Acceptance Agreement: Display of Artwork of Chi E Shenam Westin in Initial Point Gallery from January 3 to January 31, 2014 MEETING NOTES ,, `~ ~~ ~~ f= ~', ~ , Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE .AGREEMENT: '~ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY .HALL ("Agreement") is made on the i ~- day of ~,~ m bed , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and C)~i E Shenam Westin, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response-xo the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display, of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; ~1 WHEREAS, at its xegular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that.Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that whip the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse des and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in Consideration of the mutual promises and covenants herein contained, the Parties agree as follows: IX. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 3, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and_the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 3, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial P.,oint Gallery. from January 3, 2014 to January 31, 2014, in accordance with the: terms of this Agreement; and. shall be responsible for removal of such i'`1 artwork on January 31, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 ~~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. IILTIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, /'1 and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect andlor review thea.artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria~set forth in Exhibits A and B, does not reflect artwork as described and depicted in the:Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ~ V. DIS_ A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes Qf advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the fmished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use .City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. r"'\ E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point..Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall. coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any tame, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, ~"'`~ guests, and/or invitees. B. Waiver. Artist shall, and hereby. does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~~ growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or a~bligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable,interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall beaz any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this /"~ Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice. to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 ~\ VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating ctr establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. /"~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement,of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. 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. G. Severability. If any provision of:this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: 1~ ACCEPTANCE AGREEMENT INITIAL POMT GALLERY DISPLAY PAGE 5 Artist: /"~. Chi E Shenam Westin 1411 Ponderay Rd. Boise, ID 83705 208-440-2107 mr chi@msn.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642 (208) 887-6473 dwight5332@q.com C~ Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced. below prior to such,ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~-- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~~ day of beu~,v~-i~u`-- , 2013. ARTIST: /``~ Chi E henam Westin CITY OF MERIDIAN: BY: Tammy erd, Mayor ,.,~,,~ ~s G~ Attest• ;, y. ~,, Jaycee man, City Clerk '~/ F.~'~I~;`:AN~- \ag6.H4 `, SZ?~L ~,~," P~ V ~~(r~e THE ~.S~'~Pt. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 /'\ Exhibit A ~~ ~...- ~ Meridian Commission Call for artists: 2014 INITIAL PAINT GALLERY SERIES ovERVIEw: The Meridian Arts Commission {MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2094 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Ha[l (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensionat artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20~ of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Se(ectees must fill. alI or half of the gallery. Three- dimensionalworks may be of any medium, but must fit within the four supplied.. display cases. No artwork wilt be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements.- Setectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in,the 2014 lnitial Point Gallery Series must provide the following materials and information to MAC in order to be considered far selection. Completed, signed Application 8 Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five {5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http:!/vrww.meridiancity.org or upon request. Limited assistance producing digital images .may be available upon request. Materials submitted. will not be returned. DEADLINE: Atl proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series wilt. be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Ha[I. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each puce of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information andlor an information board; and Publicity of the exhibit through City contacts, local media, and other informational forums. ~NTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac meridiancitv.vra ~\ r~ Exhibit B '~ ~~ Meridian Commission App[icat~on £~ Acknowledgments: 2014 INlI IAL I'VIIV 11 ~iALLCKY ~~R~~~ APPLICANT CONTACT INFORMATION Check one: ^ I am submitting this application as an individual. ^ I am submitting this application for this organization: ~' I am submitt n this a placation for an informal gro p Applicant: s rr d4 " ' "`l Applicant E-mail: iA~l -- w~..s "L ` (+p~ MaiNng Address: ~ y /l o ~c n- y ~ ~~ ig 4 ~~ ~~ Physical Address: ~'`` ~~ Applicant Phone: Day: '~~' `(`l0 ~ zro7 Evening: ~~ Cell: ~~~~,,~~~~~_ o APPLICATION OVERVIEW: I"~c.~`'~ "-~""~'"s ~fOD~~ ~xtY°t~' Check all that apply: ^ I/we propose to fil! one~half of Initial Point Gallery with two-dimensional artwork. Q1 I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. 1~ I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H D 24"WxZ4"Dx36"H ^ 24"Wx24"Dx30"H D 24"WK,2 „Dx24" _ Number of 2D pieces: !~ P `~ Z-~ Average size of 2D pieces: m„~G Number of 3D pieces: u~~- ~ Avgqerag~~e size of 3D pieces: D s APPLICATION MATERIALS: (~fce~ v;'~ ° ~~{-"3~~ ~ ~`~1s 7z ~^ ~'~fad~'~~`lp°~ ~-1 ^ Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) ^ Biography of artist or infarmationa! statement regarding organization, no longer than one 8'/z x 11"page; O A letter of intent, describing: a. Artistl0rganization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilued in the works to be displayed; c. Any publidty that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7" in ,.jpg format. Please name each image file with organization name or artist's last name and the title oft a wor .(e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non-compliant COs and/or images wilt not. be considered. Images will.. not be accepted via a-mail. D $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, end therefore must be equipped with two D rings (fig. 4) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (y ") for insertion of the hooks; any wire constricting this space must be removed. The 0 rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may no be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. ACKNOWLEDGMENTS: Ci.(~,~'>~:a I ~rac~~~-~~~-•. hereby acknowledge the following stipulations and. agree that if this proposal is , selected far display at Initial Point Gallery, such display shall occur subject to tJaese general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that: A. Before my work wtll be displayed in lnitial Point Gallery, I will be required to enter into an Acceptance f th di l h ' r e ay o sp e Agreement with the City of McHdian establishing the specific terms and conditions of t particular works displayed. B. If my work is selected for display in lnitial Paint Gallery, the City of Meridian and its agents will b t ll i G l " u ery, nt a Po exercise professional care in handling and securing al[ artwork displayed in Initia cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the tE artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed fin lnitial Point Gallery may be passively,offered for sale by means of an ~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E While it is intended that each exhibit in Initial Point Gallery will be displayed for none- to two-month . ~ period, this period maybe shortened by the City of Meridian for any reason, without notice to the artist or organization. ~1 F. The City may display the work. of more than one artist or organization in~lnitial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point.;Gallery must be original works conceived and created '" by the artist {or by artist members of the organization} submittfing this application. H. Meridian City Hall is primarily a place of public business and,tnitial Poinl;Gallery is a public place. The t th l s '"L a y ensure t simultaneous City seeks to encourage artistic expression and public dialogue, but mu City Hail is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. `. Signature: Print name. ~ ` Date: Dc~ /-$' , z.OI ----r-. 7o propose an exhibition in lnitial Point Gallery, please submit this form, cctmpteted in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 /~ Thank you for your interestl ~~ Meridian Commission ~t Initial Point Gallery Contact person: Chi ~ Shenam Westin mr chi@msn.corn 440-2107 1411 Ponderay Rd. Boise Idaho 83705 Letter of intent. I would like to show in your gallery with 2 co-artists. I do western landscapes oil painting. Tim Buckley does mountain landscape photography and Keaton Skyles, Raku ceramics. Chi E Shenam Westin I am a local artist who paints with oils in the intermountain west and on the Washington and i?regon east. I do a lot of Plein air painting, going out and ~ painting on site, then finishing the paintings in my studio. l have been working on paintings for the more cori#emporary home using aluminum as my canvas. l studied at Boise State in the early 80's, studied renaissance painting under Master Artist Frank Corvino and landscape painting with Fred Choate. I currently show my works In the Alaska Center downtown Boise, Green Chwtes Gallery and in the Rendezvous restaurant in ~~gle. Vision for initial Point Gallery The theme for my oil paintings; A wordless Land, Vast spaces of the west. In my work I am trying to capture the endless emptiness and space of the intermountain west. I focus on the playas, salt flats of the Great Basin. l will have oil paintings on canvas, slick board and aluminum. The sizes vary from11x14 to 36x48.The date of the show will determine which paintings I will.be able to hang. Right now I have about 20 paintings available, mostl}~18x24 and smaller. ~d~~~ `~w ~'~d~ti~~ s ^~- f ~h~~~"~ fit- ~~.~~ ~ z~~``~ /"'~ ACKNOWLEDGMEiYTS: I, ir~raTiS'y .~~~gfi•G~~, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall beset forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in initial Poini: Gallery, I will be required to enter into an Acceptance '"` Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. 13. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will ~ exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. ~ C. Any insurance of The artwork displayed in Initial Point Gallery shall be the sole responsibility of the L artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in tnitial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an ~ ' informational table, board, or handout as provided or allowed 6y the City of Meridian, no piece displayed in !Willa( Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in initial Point Gallery at any "`"'"` time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The ~'~• City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Calt for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature; Print name.• l ~ ~/~l~y ~~~=/ri'l_,~~ Date: _.~~1' 1` To propose an exhibition 1n Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission F r l~b ~' i T T ~ e 1 t ~ 1 tT 1 ~~ ~~ ~. ~~ '~ 'Y ,M.i! ' fk,r`k 1 Y ~ C,'. ~ ~'~ ~~ r ~ h . ~ i' ~ ~ 4 ~ ] f ~ i i ~ ` t \ ~~ ( iy i' i ~` y ~; c~ ~ ~ < §~ ~~ ~ ~. ~ x f' t j .3^Iy is i ~~; ~.~ E. p~~; ,~, ~.~~ J 4~~ 7' ~; j] ~ Kf L 1777 t J i. ( ~~~, z .1. ~ ~~ ~i ~ • . ~rL ~ ~ }~ ` ~ ~' ,~t # 1`t I~ < !I ~ E 1 ~ ~ I ~. , '~ , r ~ ~ ~ ~ ` }~figg 11 i J (, 4 1 { S i .} 4 .~~. A ~ ~. ~, ~ ~ ~` ~ ~ Yk ~ ~ ~ !" ~ ~, ... L l~f t 3 .._s?_., T1 C :F h m..~ DG n ~ •~ Z ~ ~ V W ;`: { 1 } {}3' . ,.T rt. ' r~ <is.r ~ r, ~. ~ ~ ~~` ,~~ ~. J~~ ` ` ~° 4~ ~ `~a ~1. ',~ +~p,, 1 ~~ ~~ dl~ ` ~. ~ t: i f_... ~ti ~~ /~ f ~~ ~~ l w+ ~' ~~ ~~ ~s ~~ '~~ ~ ~' In .,. e.~.~ oC L'~. ~L ~" Q W I i ~ ti .q ? ~;> ', ~} t ,, . # t..~ 1 I f `~ i f ~R1 ~ . .. w. n ~, .F ~ ~ ~ ~~ I i ~~ '~~ ~, ~ ~ 3{t, 3. _.:if ~1~ '~I : • j SN f F} ? iS~ ,I. ~~~~ L ~ r } ~ :'~ ~ i { ~ i E,'~~ r , ~~~~ t~ ~ ~~ ~ * ~ ~1 ~' ` t ~r s, ~ ~t ~ 1 t.. } '~i= i ~ j,. ' ~ .' ~, iii 3 t i t 1 ~Y t iii S ~ [, ' `~ ~ ' t ~ ~. i~ ~• I ~ ~ ~ 3 t'- I .a t ~ Tj 1 1,1 ~. ~ f r1 T;r. f t [ F i k ! I i ~ ~ ~ ~ ~ # / ; ~;i Vi i? ~'y. , ,I :~ 0,1. Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: CITY OF BOISE Addendum No. 11 to Agreement with City of Boise for City Prosecutor/Criminal Legal Services Dated November 1, 2002 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 ~. EXHIBIT "A" ADDENDUM NO. 11 TO AGREEMENT FOR CITY PROSECUTOR/CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 11 is entered into 3rd day December , 2013 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as "Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, and 2012; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty five thousand six hundred seventy-four dollars ($25,674) per month, with the annual total cost of three hundred eight thousand eighty-eight dollars ($308,088). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20th day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-pocket expenses). Provided the invoice is received by the 5th of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 11 Page 1 2. That section 9 of the Agreement is hereby modified to read as follows: POSSIBLE EXTENSION OF TERM OF AGREEMENT. The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension - FY-2014, attached hereto as Exhibit "B" 3. Except as modified by this Addendum No. 11, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 11 on this (~`t'~~day of December , 2013. CITY OF MERIDIAN BY: Mayor T de Weerd Q~2A~`~D A V G,Lsr ~~' I S~ ~• `/ Y L CI{4' Of F 1L~11~ 9DAHQ 9 °'~ ~Et~.L ~~; ~-r ~~ ~~~~+he iRE~ ~y,6 CITY OF BOISE ~_ , BY: '4 Mayor avid ter Meridian Addendum No. 11 'EST: aycee Im ,City Clerk EXHIBIT "B" CONTRACT EXTENSION - FY-2014 Prosecution and Criminal Legal Service for the Citv of Meridian Cost for Services The Boise City Attorney's office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primar~Legal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police-generated misdemeanor reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Coverage of the additional caseloads in the new criminal courtrooms assigned by the Trial Court Administrator. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety Division for immediate assistance 24 hours a day, 7 days a week through cell phone and/or pager under MPD's protocol; • On-site legal services by a rotation of police attorneys three half-days each week; • Routine review and approval of MPD's public records requests and property dispositions; • Legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations, and domestic violence; • Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; • Regular legal bulletins, including Idaho case law, U.S. Supreme Court, and the Ninth Circuit. Annual Cost - $308,088 Monthly Installment - $25,674 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: MERIDIAN POLICE DEPARTMENT Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility MEETING NOTES &PP~iO~in Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS YNTERGgrV~1VIEN',X`AL 1Vl~1V~QTDUM OF UNDI+~RSTAIVD~G FOR US)~ OF 1V,(~X2Y~IA~ PULYCE ~~~'A~RTl~I~ C,AN11V'~ F~Q,L,~Y.NG FACILITY ThtS.INTBRaOVBRNNl~NTAL TVIEMO~tA,N~?I,J~I Q$ L~NAERSTANDIN~r Fps .U$E b.F TIDE MERIDIAN 1'~WG~ ~.?~~A.RTMEN'f CAN1Nk H4L~tri~ FAC]1,lTY i_s made thls,,,~ any at' ~.raue~~..- x013, by -~ and between thQ City of Meridian, Idaho. and the City pf;Bpise; ~,t~u~c~pa~ .ct~~poxata~x~ ~~o,rme~i under the ~~w~, of the state of Idaho; by and through the)~orae `Pdiice .Depattrnent, :the ~nu~ci~iai corporation's law enforcement agency, for the purpose pl'~stab'lishing the natttually.understpad and agreed right, tesponsibilaties, and conditionsof such mun~eipal corporation's law enforcement agency's temporary use of the 1Vleridian Police Depat~mant Cawirie'~IoYding Facility: I.'It~LYTALS ~VHEI2FAS, the City of Mendian ovc-n,~ Anil op~ratos the 1Viendian I't~lee pepaent Canine Holding Facility for the boarding and care of pplicc dogs, and WIi~R~A.S, the,a'bove-n~entYOned mun~crpal c~r~oratton's Iaw enforcement agency his . r~uest~ that the City of Meridian allow law enfp~rcezdelat o~cers erhployed by stitch agency to use the i1~lendtari T'olice Department Canine Holding F~ctlrty forthe';boarc~t~$ and ear~`of its police d4g(S) qn a;~emporary basis and 4V1~I3ER~AS, the City of Mcridiat~ has d~e~ed i't to bey the ritexest'pf its ~ ~ pr'ogr'am to ~"'~ make the Meridian Police Depai~trtient Catuiie Holding I,~,aptlxtyava~lalle to other ~a~+ enforeernent agemoies pn ~ temporary basis, without charge attd as spate ~ibws, so ~s tc ~Qster aspirit:of eooperation,andsuppoit of lar?v enfor~,e~eni K 9 programs thr¢t~hout,the state o~Zd~hp and eisewVtlel`i;; .'NOW TliEltEFORE, in consideration of thereoitals set fprfh~above, and the icnutual terms, 'conditions.; 2tnd covenants contained hereixi,.theparties agrte $s:follovti-s; ~I~DE~NITIONs As used herein, these wards sha.ll`be defined-as; ~'o~lows; ,4; CrrY The City. of Meridian,-Idaho, rziuniclpal'sub~ivxsan of the State of ~dahp. $..: EFCTI~E DATA: The :date upon which the fespe~txve governing bodies of .the Parties hcrcto effectuate this MOX7 by a duly authorized sgnatoy: C, ~~.cn,iTX The Moridan Police.:pe~artment Cat~i#1e Ho1t11n~ ~aollity; owrted,l~ ,thy Gxt~ of` il!leridian and operated.by the ,Merdian:Police Department, slid lQal~ts~ at 1'~Ol ~ast~ . Watertpwer Ave., Meridian; Naha, D.. GUESt'. The goVerr}ing board of the mtuncipai cotporatian'.s 1$w:'cnfgireetnetlt agency. ~ signatory to.t~iS 1VIOi~ who s~ks to ~cmparariiy utilize the Facility for tem~,nrat~~boarding ~o~f tts police dog(S}, and each ,slid all of'such'go'verning board's agents, elected 4tr ~3~Pdu~ed officials, eYriplnyees, volutiteer.~, andlor offtcets who enter Cfiy ptems~s for,ariy~purpose NlOtJ WI'n•I .GU>~ST AC3~TfC:Y FOR USA nr MP•D CANn~ FACTLX'1'Y "PAGE l oF` 6 including but not ltrnited to delivering police dogs} to and/or removing poliee:~og~s) frurn '-` Facility; visiting, exeresmg, feeding, watering, checking on, pr caring fot;!C~uest's,ptilice dog(s) baarded at Facility;, ancU~~ tdtering~or evening F~aility for iilfdrmatiq~nal or' e~lucatignal purposes. ~: 1V,~QU. The in'stanfi Intergoverntner~talll~em~randum of [Jnderstalading for Use of Meridian Ponce Departmprit ~t~nine folding `Facility", F. M1'D: The h7erid.~aq t'~l~ce Aepartaaent of the City af~Ntenda~ Idaho. Cr; Po>ric>a uoG: A calune :owned, gained, .and/ar utilized ;by govenuzxerital lair enforcement agencies for law,enfo~rcetnent:pwposeg, including, but not Itmted to; patrol, ~.ppreYienson, search, rescue, explosive, and,drug ~ete$tion: 'T~I:IVIPD'6 COMMITM~N'~`S A,.: Reservation of space. MPD shall ~roeess requests for temporary boarding and; use of the Facility in the order suich regaests ate rccc~ved. Upon Guest's verbal ar written request ta. MPD for.the use of tie Facility, aud'so long as Eac~lrty space and 1vIPD ~staffu>Eg resources ate available, MPD shall resexve and~allo~± the Use o£tf~e`Facil.iiy for the date{s),'time(s), law enfai:cemeszt off tier(s), aril ponce dog{~~ as requested. B, temporary access to Facility, 'Z'he,~acxlty is locked acid secured at ~(1 times, and access th~etr~`is:li~nuted; Pursuant lathe grins of this MOU, MI'D wi.II provide to Guest means:~af. access ~to the Facility dtinng the ~chedul+rd, temporary use of the Facility: C~ ~aciUty control and mawte~ance:. At all times, the Facility sh$11 remain under the authonty'and control of 1VIl'D. Decisions regarding staffiing, climate control, sanitation niainteitatice, acid access, shall=be ~nai~e solet~y by MP.D. IvMPD shall meet practicable: standards of safety, security, andl~iabtabtlity D. ~oar+~ing. Though Guest shall be~re~uiretl to check on a boarded ~olice;dog at the Facility at least twice daily, in Gfuest's'al~sence and as authorized m advance; designated MPl canine law enforcement officers will feed,'water, and exercise a boarded police dog, accordrag~ta written .instructions~pravided by Guest: E.: Obta>R;°necessaxy veterinary~carc. If aboarded ponce dog:appears to be ill, injured, or= cxnibiting any ether behavior that :tivQUld xeasoiaably suggest the doh may need med~eal tr~trnent,:MPD 5ha11 provtd8 a verbil or written message~#hat the dog may steed med-cal, ,, attBpt,pn. to the >3oise palace 'C.ani~s Unit designee and seek _~ecessary, veterinary examination aucl on behalf of Guest sbali authorize, and procure:any freatmezat, surgery, medication, tluararitine; ar hospitalization that may be presGxbeii to ~tre$t the dog.; MPD 'ltan.dlers and autlionzed agents shall only ha~~die;~ruest's dog{S) to'stop or treat a life threatcning_ injury; ~llriess, or others similar circttatstance. MQU Wrrx GUEST AGENCV,POR CYSE or MPD CANINE; FACiW3'1' . PAGE 2 0~ 6 IV. C~1J~ST'S CUMMITMEKTS A. Procedures. Guest shall follow IVIPD pxocedures, policies, and protocols regafding use of 'the;Faclity at:all times. B, Access. Guest's authority #o access MP)~ and/or Facility shall be limited to the duration and scope of each "scheduled femgorary use, Upori,Guest's;departure $om Facility, following each and every scheduled temporary use o%Facility; 'Guest s1•iall return to City any and all temporary badge(s), keys}, prox card(s), and/or other means of aeees~ to Facility: Guest's ~ut~iority to access Facility is specific to the person(s) enumerated for eachscheciuled temporary use and shall be nontransferable, Guest shall not permit access to any: civilians or Boise Police Volun#eer~. Guest shall not share access codes; badges, keys, prox cards andlor.other means of access to ~aaility with any other person without City's prior writt~tl consent.- Guest sha11 notify.~City immediately upon Guest's discovery of ary lass, theft; or destruction of any code,, bathe, key, prox card, granted to Guest .by~IvIPD. C. Twice daily presence at Facility: Guest shall enswe That its law enforcement officer physically appears at Facility at least twice on each and every day that Guest's police dog is 'hoarded at;the facility, fbr the purpose df feeding, watering, ;arid exercising the boarded police dog, unless alternative advance arrangements have been authorized by MPD for desigiated MPD .canine law enforcement affcets to Feed, water, and exercise the boarded police dog, according to written instn~ctions,provided 1by:Guest. ^ D; Health ceirhficafinn. ~uest'sliall comply with all 1VI1'D canine health certification' xequirements as to a!1 bbardetl police dogs. 1VIPD may cancel a boarding'reservafon ~iith tlo prior-notice to Guest if Guest's police dog is infected with of has been e~cposed to rabies, parvavixvs, d~steimper, kennel cough, or other infectious disease ar illness within a thirty (3U) dayperio~ prior to boarding at the Facility, E. Veterinary dire authorized. Guest shall, and hereby does, authorize 1v1PD to, seek veterinary`scrvices, includlrigexaminatiotl, treatment, surgery, medication, quarantine, Qr hnspitalizatioti that maybe necessary to treat thg dog: Guest shall retributse the:City;of Meridian, the treating veterinariaa(s}, and/or other service provideir(s) for any and all,c~sts related to veterinary care provided. F. Inca ra.nce. City sha11 not provide insurance or benef t coverage of ariy ]ci#~d #o cover loss, theft, injuzy, illness, death, or damage to Guest's police dng, agents, employees, or ether ,; person tir property. Insurance'nf Guust, Crirest's police dog(s), property, and/or interests shall be the sole responsibility of Guest. Guest shall obtain all necessary insurance as may ~be required in order to protecf~Gttest's insurable interests as rna~y'be related to use ofthe 1~acilty.liy Guest; ,.including, but not limited to, liability insurancez automoble'insurance v~orker's ~ampez~sation insurance, and/or insurance of~the police dog(s) to be boarded at the..: Facility. Cruest. shall bear any and al] -known and uulciiown risks of and actual, loss, theft, and/or damage related to use of the Facility by Guest City may seek reimbursement from Guest for arty dartiage to the Facility caused by Guest and/or :Guest's police dog that exceeds -- reasonable wear'and tear. MOU WITH GUES'rAG6~CCY a'ORUSE.QF MPD CAT11N6 FACILITY P.4oB 3 OTC G V:'GEtVER~Y, PROVISIONS A. Assumption ol~rrisk..Gtrest acltnowle8ges that use of the Faclity:triay c~rry;risks of injury ta, death' of, damage to, and/or loss of Guest's police.-dog, or fo otlieE_persons or dogs, some of which risks ate unl~novvn, :and Guest hereby accepts and assumes all lrnovvn and unknown risks anti-hazards related to Guest's vse of the Facility. ~. YII(~@i11i1~~Cak]t(1A. In consideration of pezxwsson from the City; of ,Meridian to enter and,use die Facility, Guest hereby:agrees to indemnity; defetzd, and save and hold harmless the City of 1Vleridian, its employees, `agents; officexs, volunteers, -and guests fratri artd against any and all demands, suits, actions, claims; .losses,, judgments, damagesa expenses, or costs, whether- or rptmeritorious, including; without limitation, attorneys' or-other professional fees, in conjurjction with any~injury, death, or damage to Cruest's police dog boarded at Facility, to other police dogs boarded at Facility; and to other persons or property, arising out of, relating to, `pr cause, or incurred by Guest and/or Gu~sC's police- dog, except for those -resulting from the tartious conduct of City; or City's agents or employees.... C. Rel~_ease of:iiablity. ;Guest forever waives- and releases, :on behalf` of the Guest and the agents, employees, heirs, executors, admi~:istrators, assigns, and/or persozsa~~represeriratves thereof, aty and all claims and/or.riglits far damages that Guest ar such other persons or entities nova have or may have heeafter-have against the City of Meridian and/or its emplp~rees agent§, ofF'cials, officers, voluteers,-and gusts, .suffered in connection with or arising out-of~the use of the Facility, except :for those resulting from the tortious conduct of City or City's agents or'employees. A Ter~ro o! MOU. Unless earlier terminated `;by either Party at` modified :n wrrting by_both .Fames, this M(}U and all terms and conditions hereafshall be in effect for.~a ternt:of one (1) ;. . yearfrom the Effective Date, and shall renew automatically on. an annual basis E. 7"e~`utlhatlori for cause, If City determines that Guest bas failed to comply with any term of condition ofthis MO~C.T, violafed,any cavena,tt, agreement, and/or stipulaliUn~of tlts.M()U, or engaged in.any other act of misconduct in the performance ot~tlus MGU or i£eit~erParty ~tillf~ully oe neglige~ntY~- defaults in, or fails to fulfill, its material obligations under -this MOU; the other Party shall have the right. to terminate this MOtJ by .giving written notice to the defaulting party pf its rYtent to terminate, and shall specify the grounds for termination. The dafavlting party shall have thirty (30) days after receipt of such notice to cure the default. If the default is not cured within such period, this MGl~ shall be terminated upon mailing of written nonce of such termination by the terminating party in the mariner established herein: Tl1s provision shall not_impede the right of-City o immediately eject Guest or Guest's police ~iag(s},frorli the Facility, and/or-`bar Guest or Guest's police dog(s~ from'further use of Facility, with no prior nptice to Guest, where such ejection and/or lour is deemed by City to be in the best interest of City and/or NiPD. Guest=shall not be''relieved of liability to City for damages sustained by City by;virtue of ariy breach or default ofths MnLI or by other cause precipitated by Guest and/or Guest's police: dog(s),; 'Phis provision shall survive the termination of tlu$ IvIQU. MDU WITH GUB$'r ACiGNCYI'OR U3F; OP MPD CATIINE FACil.t7'Y PAGH 4 OF'_6,. F. Te~rminatou without cause,;, Eitl~-et party rnay.ferminate this TvIOU far any reason atany tizn~ by giving at Ieast seven .(7) 'days wr~tten,no~ce to the other party in the matter established herein. G. ~pn-waiver. A waiver ofauy breach pr default of any;provision ofthis MC7U'shalinot be construed as a waiver of a breach of the same or any oilier ptovisiot hereof; H. Reyationship of Parties. rt'is the express intentioin of the.partios hereto that Guest is, and ati alI times relevant.hereunder shalt be an independent party aad.nat an employee, agent,. joint ~+entluer, or'partner of City. Nathnb irx this MOU shall be interpreted or construed as creating or estatiishing ,the relationship ot~e~playei and erripIoyee between City and Guest ar between City and arty official, agex}t, air employee.af Guest. I. Comptiattce with'iaws; In the per~armarc~ oftl-is.IvIOCJ, Guest ~slall'complq with,any and all ap,piieable federal, state, and lace! taws. J. Entire agreement. This MOU constitutes the ez~ire understanding between the-,Patties. This MOU supersedes any and all statements, promises, 'or inducements made by either party, or agents of either party, 'whether oral ar written, and whether previous to the execution hereof or contemporaneous herewith. T'he'terms ot` this MOU may not-be:. ertlarted,~modified or altered except Uppn written addepdum sgned:by bona parties heireto. ~~ M~U' governed by Idaho l~.w. The caws of the `S#afe dfYdaho:shati goveri the validity; interpretation; performance and .enforcement of this MALI. Venue,shall be in`the,c4urts of Aaa county, Idahq. L. AdvCe'of Attorney. Each party warrants and represents thatin executing, this MOU, it has received x-clependetit legal ;advice from its respective attorney and/or has :received the o~porttuiity to seek such advice, M. Cumulative.. rights aqd remedies. Alt rights and rezrie~es herein enumerated shall be cumulative andnpne-shalt exclude any other riglit;ar retnecly al~Qwed by taw Likewise, the exercise of any. remedy provided for herein or allowed bylaw shalt' r-ot be to the exclusion of ariy ether remedy. N SeYet'ability. If any provision ofthis MOU is found by a court of competent~urisdictidn fp he illegal; invalid,.or,unenforceable, the remainder ofthis MULT shall net lie' affeoted Q Successors and assigns. Except as otherwise specifically established herein, all:of the terms, provisions, covenants aid conditions of this MOLX shall inure to the benefit of; anti shall'be binding upon, each party end their Successors, assigns,~legal representatives; Heirs, excoutors, acid administ~atars; P. Notice. Ary artd all notice required to be: provided by the Parties hereto; unless otheirviiisa stated in this ?v1OU, shall be in writing and sha11 be deemed communicated upon mailing by -- United States 1Vlal, addressed as fellows: MOIJ WITFI GUST AGENCY FOR USE U~ Mi'D"CAN{NE FaCTL1TY PAGE. S ~F 6 Guest: Name: Title: Address: Phone: E-mail: Citv: Jeff Lavey, Chief of Police City of Meridian Police Department 1441 E. Watertower Ave. Meridian, Idaho $3642 {208} 888-66'8 jlaveyQmeridiancityorg Any :party may :change its respective address for the purpose of this paragraph by giving written notice of such change in the manner heren;provided. Q. Approval required. This MOU shall not become effective until approved by the respective governing 'bodies of both the City of Meridian and Guest. IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly authorized officers to be effective as of the day and year first above written. GUEST.: mr'cha.~.t ,~: rvtQSt~sd•~ i Signature: Print :name: !G ~ ~ I F. n~tQ ~l'C YSC~r7 Title: G F7.i e~' o-~ Po to c~: Date: No ~e~ ~ t 5, 2~ ~ 3 CITY OF MERIDIAN; BY' Attest MOU WITH GUEST AGENCY FOR USE OF ivFPD CANINE FACILITY PAGE 6 of 6 <ZOB~ 57~'~l9 mw~aste~sd~ c9 u'L~y~by~se. 0~9 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: ADA COUNTY SHERIFF AND BOISE P.D. Intergovernmental Agreement with Ada County Sheriff's Office and Boise Police Department for Consolidated Records Management System (RMS) for the Not-to- Exceed Amount of $27,514.95 MEETING NOTES t; ; t~ ~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 :AGREEMENT NO. I G y ~i ~ INTERGOVERNMENTAL AGREEMENT AMONG LAW ENFORCEMENT AGENCIES OF ADA COUNTY, IDAHO For a Consolidated Records Management System (RMS) PARTIES: arties to this A reement are the City of Boise, on behalf of the Boise Police Department (BPD), Ada Thep g n behalf of the Ada County Sheriffs .Office (ACSO), and the City of Meridian, on behalf of the County, o ' ' n Police De artment MPD). Each party to this Agreement shall be referred to throughout this Meridla p ( document b name or as "each agency, or collectively as the "agencies," where appropriate: Y RECITALS: HEREAS BPD ACSO, and MPD currently utilize a records management system that is capable of W , being shared by multiple public safety agencies; and ' s ractices of the a encies are sufficiently similar that integration, WHEREAS the busines p g consolidation and standardization of records systems would be both practical and cost effective over time; an WHEREAS, authorized police and sheriff personnel of all agencies will have immediate access to olice records created b these other agencies, dependent upon user security; all parties will realize significant p y crime-solving and suppression benefits through such consolidation of records. WHEREAS the a encies desire to enter into an Intergovernmental Agreement for the purpose of g tilizin a consolidated, shared Records Management System (RMS), for their mutual benefit as .further u g described in this Agreement, and for the benefit, health, safety, and welfare of the public. NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: I. General Requirements: A. Each a enc rants to the other agencies herein consent to use and review the data created, g Yg collected, input and stored on the Aegis MSP software suite, only for lawful law enforcement purposes and in accordance with the responsibilities and procedures described in Exhibit A entitled Scope of Services, which is attached hereto and made a part hereof. The arties a ree to a ortion the costs of the annual standard software maintenance agreement B. p g pp nd rofessional services rovided by ("SSMA) of the Aegis MSP and the annual hardware, software, a p p the Cit of Boise, according to the DR count of each agency, so that the total paid by the participating Y a encies a uals 100% of the aforementioned costs, as set forth in Exhibit B entitled Costs and g ~ ' a art hereof. Payments, which is attached hereto and made p II. Pur ose: The Purpose of this Agreement is to continue to maintain a consolidated and collaborative __1~__ . Records Mana ement System ("RMS") comprised of data and related work processes for collecting, g storm ,and sharing public safety information, including police and sheriff department records pertinent g to all arties to this Agreement. This Agreement, and the actual RMS, referred to as the Aegis Microsoft p Platform "MSP") software suite, will enable the agencies to utilize the same technologies in collecting ( data recordin data, storing data, and retrieving data, and to have shared access to the data of each g agency as specified in this document. Page 1 III. Term and Renewal: The term of this Agreement shall be from October 1, 2013 and shall terminate on September 30, 2014. This Agreement may be renewed for additional one-year terms upon writing by the parties. IV. Non-Discrimination: In the performance of the services of this Agreement, each party agrees not to discriminate against any employee or applicant because of race, religion, marital status, age, color, sex, handicap, national origin or ancestry, income level or source of income, physical appearance, sexual orientation, political beliefs, or student status. IV. Liabilit : Each party shall be responsible for its own acts or omissions and those of its officers, employees, agents, and representatives; and shall be responsible for losses, claims and liabilities which are attributable to such acts or omissions. V. Limitation of Liability: Notwithstanding any provision in this Agreement to the contrary, the City of Boise, as the agency hosting the Aegis MSP and each party's data on the City of Boise's IT infrastructure, shall not be liable or obligated for the following with respect to hosting the Aegis MSP and data; and all other parties shall hold the City of Boise harmless for: A. any special, punitive, incidental or consequential damages (including, without limitation, any lost profits, cost of procurement of substitute goods, technology, services, or rights); B. any losses, claims, and liabilities attributable to interruption of use or loss or corruption of data, whether resulting from regular maintenance or unscheduled interruption; or C. any matter beyond its reasonable control. This provision shall survive termination of this Agreement. VI. Compliance with applicable laws: Each party shall become familiar with, and shall at all times comply with, and observe all federal, state, and local laws, ordinances, and regulations which may in any manner affect this Agreement. VII. Legal Powers and Duties: Each party understands and agrees that no clause, term, or condition of this Agreement shall be construed to supersede the lawful powers or duties of any party. VIII. No=: All notices to be given under the terms of this Agreement shall be in writing and signed by the authorized signatory of the agency serving the notice and shall be sent by registered or certified mail, return receipt required, postage prepaid, or hand delivered to the designee for notice, as set forth in Appendix 1 to the Agreement. If any party wishes to designate another person for the receipt of notice under this section, that party shall notify all other parties in writing by sending a notice under this section. IX. Controlling Law: It is expressly .understood and agreed to by the parties that in the event of any disagreement or controversy between the parties, Idaho law shall be controlling. X. Entire Agreement: A. The entire Agreement, including Exhibits A and B and Appendix 1, is contained herein; and this Agreement supersedes any and all oral agreements and prior negotiations among the agencies relating to the subject matter hereof. B. The entire Agreement is intended to be an agreement solely among the agencies hereto and for their benefit only. No part of the Agreement shall be construed to add to, supplement, amend, abridge or repeal existing duties, rights, benefits or privileges of any third party or parties, including but not limited to, employees of any of the parties. Page 2 XI. Amendment: This Agreement shall be binding on the parties hereto, and cannot be varied by any oral representations or promises of the parties hereto or of any non-party. Any change in any provision of this Agreement may only be made by an amendment in writing and signed by the parties. XII. Severabili If any provision of this Agreement is determined by any court of law to be unconstitutional, illegal or unenforceable, it is the intention of the parties that all other provisions of this Agreement remain in full force and effect. XIII. No Waiver: A party's failure to exercise or delay in exercising any right, power or remedy herein shall not operate as a waiver thereof; nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise thereof. No express waiver shall affect any event or default .other than the event or default .specified in such waiver; and any such waiver, to be effective, must be in writing and shall be operative only for the time and to the extent expressly provided by the party making the waiver.. XIV. Termination: Any party may terminate this Agreement without cause by giving all other parties ninety (90) days' written notice, as provided in Section VIII, Notices. A. Upon termination, BPD, in conjunction with the City of Boise Information Technology Department, shall suspend all passwords and accounts issued to that agency, as of the date of termination and recalculate and reapportion the maintenance and support fees to the remaining participating agencies. B. The terminated agency will be entitled to a copy of its data, as that term is defined in Exhibit A, upon written request to the City of Boise Police Department. If the agency requests assistance in the re-conversion of data for that agency pursuant to a termination any such work will be performed pursuant to a separate agreement between the agency and the City of Boise Information Technology Department. XV. Third .Party Rights: This Agreement is intended to be solely among the agencies hereto. Nothing in this Agreement shall be construed to add, supplement, amend, abridge or repeal existing rights, benefits, or privileges of any third party or parties, including but not limited to, employees of third parties. XVI. Goodwill: Any and all goodwill arising out of this Agreement shall be shared equally by all of the parties. XVII. Authori :Each party represents that it has the authority to enter into the Agreement and that all necessary procedures have been followed to secure authorization to enter into this Agreement from the party's respective governing body. Each person signing the Agreement represents and warrants that he or she has been duly authorized to do so. XVIII. Counterparts: The Agreement may be signed in counterparts which, when taken together, shall be effective as if all signatures appeared on the same original document. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. Page 3 C O IS ~~.+ 12/17/13 DAVID H. BIETER MAYOR CITY MERIDIAN G%~~ G~c.(i~ TAMMY WEERD MAYO ATTEST: ~~~~io "( Approved .,.... r Jim T b ,Commissioner By: Rick Yzaguirre, missioner as to form: Jo ep allet Chief legal Advisor to the Sheriff Boar da C unty Commissioners - sent, but Reviewed. . ~. By-- -~ Davi ase, Commissioner Christopher D. Rich, Ada County Clerk Page 4 ATTEST: ~ ~. a~~f %~ ~ „ ~~~~ ~. ~:~~ ,.. -g~' T f ~ F R ~~ ~ ~• i4' ti .1.~'~ a., 'ti' , '~tf ADA COUNTY SHERIFF'S OFI~ EXHIBIT A SCOPE OF SERVICES: 1. Definitions: Data: For purposes of this Agreement, data shall be any piece of digital information produced by the agency that has been converted from the legacy system (IBM AS/400), or created, collected, input, and subsequently stored on the RMS while that agency is a party to this Agreement, including but not limited to Incident Tracking System (ITS) information and National Incident-Based Reporting Standards (NIBRS) information. Failover: Backup operational mode in which designated functions of a system are assumed by secondary system components when the primary component becomes unavailable through a major system failure, thus ensuring amission-critical system is always available. Level of Authority: Level of access assigned to each user's account in order to access data within the RMS system. Records Management System: Consolidated and collaborative system comprised of data and related work processes for collecting, storing, and sharing public safety information, including police and sheriff department records pertinent to all parties covered under this Agreement. 2. Coordination and Communication among the Agencies: a. Application Administrator: Each agency shall designate both a primary and backup Application Administrator to maintain the RMS application and provide those persons' names, titles., addresses, phone numbers, and email addresses to the other groups listed in this Paragraph. It will be the role of the Application Administrator to assign a user ID, log-ins, and passwords for each user within his agency. b. Business Rules/Processes Board Member: Each agency shall designate a Business Rules/Processes Member, who will be responsible for providing input and establishing standard business processes and standard configuration of RMS for continuity of usage across all agencies, and provide that person's name, title, address, phone number, and email address to the other groups listed in this Paragraph. c. Notification Groups: Each agency shall maintain a standard list of contacts to which communication will be made regarding scheduled system down-time, emergency system down-time, and/or status of reported issues. d. Executive Committee: The governing board presiding over the RMS system and processes, comprised of a representative from each agency as designated by each agency's chief law enforcement officer or designee and convening only as needed to provide general agency direction to the Steering Committee and/or RMS Project Manager. e. RMS Project Manager: The Steering Committee members shall designate a Project Manager as needed for the planning and coordinating of future.implementations (expansions) of RMS and provide that person's name, title, address, phone number, and email address to the other grou s listed in this p Paragraph. f. Steering Committee Member: Each agency shall designate a Steering Committee Member, who will be responsible for directly addressing issues identified by the Project Manager and guiding the Project Manager with regard to future RMS implementations and on-going support, and provide that person's name, title, address, phone number, and email address to the other groups listed in this Paragraph. It will be function of the Steering Committee Member to identify the RMS users in his agency and document each user's level of authority and security profile and to coordinate with the Application Administrator, who will assign user ID's, log-ins, and passwords. Exhibit A -Page 1 Adviso Board Member: Each agency shall designate one of its IT employees as a g. Technology ry olo Adviso Member, who will be responsible for providing technology advice to the Steering Techn gy rY Mana er and rovide that person's name, Committee, Business RuleslProcesses Board, and Project g p title address hone number, and email address to the other groups listed in this Paragraph. ~p ' ' ' ve been named from each a ency, any agency wishes to subsequently If, after the designated individuals ha g ' s aforementioned candidate(s), the agency must notify all of the other groups listed above in change it ' in b means of the notification groups. This is critical to ensure all appropriate parties are kept writ g, y informed of activities impacting the use of RMS. 3. Procedures for New Implementations: If a new im lementation is needed, the Steering Committee will designate a Project Manager, who, along p with the Steerin Committee will work with the assigned prof ect manager from New World Systems, the g licensor of the Aeis MSP software suite, to develop an implementation schedule and timeline. The Project g Mana er will kee the agencies informed of project progress, the anticipated cost of the initiative, and of g p an decisions to modify the schedule. The parties should cooperate as required for the efficient and prompt y completion of tasks. 4. City of Boise Police Department Responsibilities: a. Serve as the agency hosting Aegis MSP RMS on behalf of Ada County for all agencies formerly served by Ada County as listed herein. b. Provide annual estimates, percentage adjustments, and invoices to each agency for annual maintenance and su ort for services rovided by City of Boise Information Technology resources as described in pp p Exhibit B "Costs and Payments." c. Acquire and work with third party vendors as maybe required to provide the services described in Exhibit A, Paragraph 7, not provided by New World Systems. d. Provide, maintain, and publish the process for other agencies to report technical support issues to the City of Boise Help-Desk as described in Exhibit A, Paragraph 7. e. Provide and coordinate ongoing maintenance and technical support services to other agencies within the scope described in Exhibit A, Paragraph 7. f. Provide storage of all agencies' RMS data as required for record retention pursuant to applicable Idaho statutes. Storage requirements will be assessed annually prior to Agreement renewal and .associated increased will be included in Exhibit B "Costs and Payments." . Kee other a encies informed of issues reported to City of Boise and of technical issues reported by g p g City of Boise to New World Systems by utilizing the common Notification Group identified in Exhibit A, Paragraph 2. 5. Individual Participating Agency Responsibilities: a. Provide project management services as the need arises based upon the selection of the project manager as agreed upon by all agencies. b. Assign the following resources: primary and backup Application Administrator, Business Rules/Process Board member, Steering Committee member, and a Technology Advisory Board member to function as described in Exhibit A, Paragraph 2. c. The Steering Committee member shall identify those members of hisCher agency who will be users of the RMS. The level of authority and security profile for each user from each agency will be documented by the Steering Committee member within each agency. The Steering Committee Member shall Exhibit A -Page 2 ' e with the a licable A lication Administrator who will assign a user ID/log-ins and coordmat pp Pp passwords for each user within their respective agency. ' re ort to the A lication Administrator when a RMS user ceases to use RMS, or leaves the d. Immediately p pp em to ment for an reason, in order to inactivate the user account in RMS. The Application PY y Administrator will inform the agency Steering Committee member of the account that has been inactivated. Immediatel re ort to the agency's IT Department, through the support request process shown in e. y p Exhibit A, Para aph 7, when an RMS user ceases to use RMS, or leaves employment for any reason, in order for the RMS client software to be removed from the user's machine if applicable. f. Immediatel re ort to the City of Boise Help-Desk, through the support request process shown in Y p Exhibit A, Para raph 7, when an RMS user ceases to use RMS, or leaves the employment of the agency g for an reason, in order for City of Boise IT to remove any associated account from the applicable Y remote access servers. . Ensure that all users only use the RMS for valid law enforcement and public safety purposes, according g to law and defined procedures. h. Promptly report any suspected security breaches to the Application Administrator. i. Handle re uests for release of records in accordance with Exhibit A, Paragraph 6, and as required by q law. ' Ensure that all data entered onto the RMS shall adhere to "Data Entry Standard Procedures" to be J~ established by the Business RuleslProcess Board; the agency Application Administrator shall be responsible to ensure all users of that agency adhere to the standards. k. Ac uire, maintain and administer necessary hardware equipment and desktop software applications q necessary for accessing the RMS from the agency's local site. Provide the a enc 's own local network connection capable of communicating effectively with the 1. g y RMS on the City of Boise network. m. Ensure agency's own underlying technology, including GIS data, is kept current so as not to hinder or impede usage of the RMS by other agencies. n. Handle technical problems at the local level including local connectivity issues, report unresolved problems according to Exhibit A, Paragraph 7, and follow all instructions given by the technical support service providers of New World Systems and/or City of Boise IT, as applicable. o. Request technical assistance from the City of Boise IT Department by following the support request process as described in Exhibit A, Paragraph 7. p. Maintain the agency's applicable software license, maintenance, and support contracts as maybe required to continue to meet the purposes of this Agreement through FY14. 6. Security and Release of RMS Data: a. All data converted from the legacy system (IBM AS/400), or created, collected, input, and subsequently stored on the RMS shall be the sole property of the agency that produced the data, with each agency anting to each other consent to use and review the data only for lawful law enforcement purposes and ~' in accordance with other procedures described herein. Each agency shall be responsible for responding to Idaho public records requests (PRRs), and any other requests made to said agency to view, access, or release agency's own data. Access to data on the RMS is limited to the parties to the Agreement. If a request is made of one agency for release of data of another agency, the requestor shall be directed to the party that produced that data. b. Agencies shall retain the ability to secure data, documents, photos and audio as deemed necessary for investigative integrity. Exhibit A -Page 3 7. Maintenance and Technical Support Services: Maintenance. The City of Boise shall: a. Provide and maintain the PRODUCTION Aegis MSP software system and in the optimal configuration as designated by New World Systems. b. Provide and maintain the TEST/TRAINING Aegis MSP software system and in the optimal configuration as designated by New World Systems. c. Install Ae is MSP software upgrades as made available by New World Systems or otherwise permit g New World Systems to install upgrades consistent with the standard software maintenance agreement with Ada County. d. Ensure City of Boise's contributions to GIS data are- kept current, and that all agencies' GIS data are a re ated and made available in the RMS so as not to hinder or impede usage of the RMS by the gg g other agencies. e. Using the Notification Group, coordinate scheduled system down-time in advance. f. Using the Notification Group, notify agency contacts in the event of an emergency or otherwise unplanned, system downtime event. . Perform backups of both Production and Test/Training data on a nightly, and incremental, backup g schedule. h. Provide Storage Area Network (SAN) for secure storage of data records and associated record attachments of all file format types with the exception of video files. Note: Attachments are only ossible via the desktop client remote access (not possible through Citrix). p i. Provide a failover system that will allow an alternate location to access data in the event the primary location is unavailable for a period of greater than eight (8) hours. NOTE: The failover process may require an 8-hour time period to execute, and only data will be available (attachments are NOT included in the failover location). j. Provide the backup and failover technology in a separate, secure geographic location other than the location. of primary production and test/training environments. k. Provide a copy of the data, if requested, by any agency terminating its participation in the Agreement. 1. Provide a high speed wide-area network connection physically located between all agencies from the production, test/training, and failover environments to the point of local network connection at the other agency locations. m. Maintain and provide technical support for the designated method of remote access currently rovided by Citrix software. Note: Uploadslattachments are NOT possible directly from local P drives or external storage devices (PC, flash drives, any other external device); uploads/attachments are only possible through the local client installation. n. Provide to agencies instructions for Citrix. remote access installation. o. Provide to agencies instructions for the Aegis MSP desktop client installation. p. Maintain all software licenses, maintenance, and support contracts associated with required third party vendors, such as Citrix. Technical Support Services. The City of Boise shall provide the following types of technical support after proper internal triage process has occurred as described in Figure 1: a. Help-Desk services b. Desk-top support services c. Network administration Exhibit A -Page 4 d. Server administration e. Application administration f. Database administration g, Development .services h. GIS services i. After-hours emergency support j. Contact with the New World Systems vendor Figure 1-Multi-Agency Issue Reporting Process: Level 1 Su~ppo~ rt -Application Administrator: An RMS user experiencing an issue shall report the issue first to the agency's Application Administrator, who shall first rule out any process/procedural issues. If the Application Administrator is unable to resolve the issue, it is escalated to Level 2 -the agency's internal IT staff. See note under Level 4 that describes if the Application Administrator determines at this point. the issue is a New World Systems' support issue, the Application Administrator may contact the vendor directly to report the issue. Level 2 Support - Agency's internal IT staff: The Application Administrator shall report the issue to the agency's internal IT staff, who shall first attempt to resolve all local hardware, software issues, and/or local area network issues. If the agency's internal IT staff is unable to resolve the issue, it is escalated to Level 3. See note under Level 4 that describes if the agency's internal IT staff determines at this point the issue is a New World Systems' support issue, the agency's internal IT staff may contact the vendor directly to report the issue. Level 3 Support - City of Boise Help-Desk: The Application Administrator or agency IT staff shall report the issue to the City of Boise Help-Desk by honin 384-3767 Burin normal business hours, after-hours, and on weekends; the Help-Desk will triage the p g g issue and assign it to the appropriate Boise IT personnel, who will then work with the reporting agency until Exhibit A -Page 5 The Multi-Agency Issue Reporting Process is described as follows: i of Boise IT staff is unable to resolve the issue, staff will escalate the issue to Level 4, New resolved. If the C ty s technical su ort. See note under Level 4 that describes if the City of Boise IT staff determines World System pp ' e is a New World S stems' support issue, the City of Boise IT staff may contact the vendor at this point the issu Y directly to report the issue. Level 4 Support -New World Systems technical support: ree revious levels o su ort shall escalate the issue directly to New World Systems if it is Any of the th p f pp r ued b an determined at that level that the issue requires vendor assistance to resolve. If this option is pus y y ' s level of su ort the re orting entity must utilize the Notification Group to advise all other agencies previou pp ~ p an issue has been re orted to the vendor and subsequently to advise all other agencies when the issue has that p been resolved. rt. The Ae is MSP s stem has been classified as an URGENT system, which is any system After Hours Suppo g Y that when ino erable, causes disruption to services being rendered to the public. Systems in this class must be p repaired within a reasonable amount of time. The Cit of Boise IT Department's normal operating hours are from ,7AM to SPM Monday through Friday. Y After Hours su ort will be from SPM to 7AM the following day. Weekends and holidays are considered after pP hours su ort 24/7. After hours contact should be made by phoning 384-3767. A Help-Desk representative will pp be available to answer the call 24/7. If for some reason, the call is missed, a return phone call will be made within 15 minutes from receiving the first voice mail. If the issue cannot be resolved within a half an hour by this first oint of contact, the issue will be escalated to tier 3 support (IT specialist). The IT specialist shall P be in troubleshooting no later than 3 hours from being dispatched by the Help-Desk and subsequently remain g en a ed until the issue is resolved. Note: Boise City holidays include: November 11, 2013, November 28, gg 2013, December 25, 2013, January 1, 2014, January 20, 2014, February 17, 2014, May 26, 2014, July 4, 2014, and September 1, 2014. Exce tion: Portions of fiber within the wide area network between agencies are dependent upon the Ada p Count Highway District (ACHD); disruptions in network connectivity created by an outside entity such as Y ACHD are be and the control of the City of Boise; however, City of Boise IT will work with, and/or remain in Y contact with, such entity until the issue is resolved. City of Boise IT will publish to the Notification Group periodic progress reports until the issue is resolved. NOTE: A window of down-time will, from time to time, be required in order to perform routine, planned maintenance on the RMS (i.e. apply service packs, upgrades). Notification regarding scheduled down-time will be ublished in advance to the Notification Group. If technical support calls are received during scheduled P down-time, the calls will be logged and users notified when the service is back up and running. Pa ment for Maintenance and Technical Support Services. The maintenance and technical support services Y described above shall be funded by the agencies, according to Exhibit B "Costs and Payments." Exhibit A -Page 6 EXHIBIT B COSTS AND PAYMENTS: 1. Annual Maintenance, Support Costs, and Billing Procedures UAL MAINTENANCE AND SUPPORT COSTS: Table 1 lists the known annual reoccurring A. ANN nance a reements" SSMA related to this ex enses of the RMS for support and standard software mainte g ( ) P A reement to be a licable in fiscal year 2014, which is October 1, 2013 through September 30, 2014: g ~ pP Table 1 New World System's annual maintenance and support costs are subject to change. The ALSO will notify the a encies of any such change in cost with the November estimate, described in Exhibit B, Paragraph 1, g Item B. The annual BPD hardware, software and professional services support costs will go into effect in FY14 and are sub' ect to change for FY 15 based upon departmental budget needs, including increased personnel costs J and staff additions necessary to support the RMS. Such changes would begin with the FY15 billing. The Ci of Boise will notify the agencies of any such change with the November estimate described below. tY B. BASIS FOR PAYMENT OF ANNUAL MAINTENANCE AND SUPPORT ANNUAL READJUSTMENTS BASED ON DR COUNT: Consistent with the established practice of the parties to a ortion their costs for annual maintenance according to DR count of each participating agency, so that the pP total aid by the participating agencies equals 100% of the annual maintenance costs of the RMS, said p billin ercentages shall be based on the preceding year's total DR count by the City of Boise Police gp Department. The bill of November 2013 for FY14 shall be based upon the 2012 calendar year DR count. Table 2 reflects the FY2014 annual maintenance costs, broken down by each agency, a list of the services comprising the total cost for each agency, and a dollar estimate for each. Table 2 includes the DR count and ercentage total (totaling 100%) for each agency. In anticipation that this agreement maybe renewed p for FY15 and annually thereafter, the City of Boise Police Department shall provide a DR count for 2013 in June 2014. Exhibit B -Page 1 FY14 Annual Maintenance and Support Costs (Per Fiscal Year) ~ • Table 2 Breakdown b A ency of Fiscal Year 2014 Annual Maintenance and Support Costs Y g (2012 RMS DR Count) Total New World Support: $136,861.00 Total Boise Technical Support: $ 46,572.00 Grand Total Annual Costs: $183,433.00 Boise City and City of Meridian have entered mto a collateral agreement in lni5 r~~alu. City of Boise Police 30,362 (60%) Ada County Sheriff 12,571(25%) NW Ae is MSP $ 82,116.60 g IT Support $ 34,929.00 Sub-Total Annual Cost: $110,059.80 NW Aegis MSP $ 34,215.25 IT Support $ 11,643.00 Sub-Total Annual Cost: $ 45,858.25 Meridian Police 8,043 (15%) NW Aegis MSP $ 20,529.15 IT Supports $ 0 Sub-Total Annual Cost: $ 27,514.95 C. BILLING PROCEDURES: In anticipation that this agreement may be renewed for FY15 and annually thereafter, each Se tember, the City of Boise Police Department will notify each agency of the estimated p annual maintenance and technical support costs for FY15, based upon the total DR count per agency. November of FY14 and each October thereafter, while this Agreement is in effect, the City of Boise will send an invoice for the City of Boise Technical Support Services to each agency, and each agency shall pay the amount billed to the City of Boise within thirty (30) days of the date of the invoice, at the address given on the invoice. November of FY 14 and each October, while this Agreement is in effect, the ACSO will send an invoice for the New World Systems SSMA fees to each agency; and each agency shall pay the amount billed to the ACSO within thirty (30) days of the date of the invoice, at the address given on the invoice. The annual maintenance and support fees are nonrefundable. Exhibit B -Page 2 APPFNT)TX 1 DESIGNEE FOR NOTICE FOR EACH AGENCY UNDER SEC. IX: A ency: Designee: Cit of Boise Police Department: Chief Michael Masterson Y Ada County Sheriff s Office: Sheriff Gary Raney City of Meridian Police Department: Chief Jeff Lavey Appendix 1-Page 1 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. ~ ~ ' ~ ~~ :Meridian Parks 8~ Recreation Department Administrative Policy -Partnerships between Private or Public Entities and the City of Meridian Parks & Recreation Department 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 BY THE CITY COUNCIL: RESOLUTION NO. i 3 _ ~ ~~ BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT REGARDING PARTNERSHIPS BETWEEN PRIVATE OR PUBLIC ENTITIES AND THE CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT; AUTHORIZING THE PARKS AND RECREATION DIRECTOR TO CARRY OUT SUCH POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 13-2-3(B) authorizes the Director of the Parks and Recreation Department to adopt administrative policies where necessary for the efficient management and oversight of parks and park amenities, which policies have the effect of law upon their approval and adoption by resolution of the Meridian City Council; WHEREAS, Meridian City Code section 2-2-3(C)(3) charges the Parks and Recreation Commission with proposing and recommending plans and suggestions for the future growth, development and regulation of park, playground, and recreation facilities of the city; WHEREAS, on August 21, 2013, the Commission did unanimously vote to recommend to the Mayor and City Council that the administrative policy attached hereto as Exhibit A be adopted and implemented as the City's approach to partnerships between private or public entities and the City of Meridian Parks & Recreation Department; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to adopt such recommended policy; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Administrative Policy attached hereto as Exhibit A is hereby adopted and effectuated by the Mayor and City Council of the City of Meridian. Section 2. That the Director of the Parks and Recreation Department is authorized to carry out said Administrative Policy. 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 17th day of December, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of December, 2013. _n AL~.D •1~ "w APPROVED: G~~2''~ ~ c~cy of ~ IDI '` eerd, Mayor y eoAM c e lman, City Clerk `'` SEAL ,~ a~ a~ Fq 4 o~«a Tn. @. ~S~~.E RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING PARTNERSHIPS WITH PRIVATE OR PUBLIC ENTITIES Page I of 6 ExxIBIT A RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING PARTNERSHIPS WITH PRIVATE OR PUBLIC ENTITIES Page 2 of 6 E IDIAN~. I Meridian Parks and Recreation Department ADMINISTRATIVE POLICY SUBJECT: PARTNERSHIPS BETWEEN PRIVATE OR PUBLIC ENTITIES AND THE CITY OF MERIDIAN PARKS & RECREATION DEPARTMENT PURPOSE: To define protocols and requirements for persons or organizations seeking to enter into partnership agreements with the City of Meridian for the construction, expansion, or improvement of amenities in existing or future City parks POLICY: I. Proposal submission. Any person or organization seeking to partner with the City shall prepare, and provide to the Parks and Recreation Department Director, a written proposal including each and all of the following: A. Proposer information -Who are you? 1. Name, physical and mailing address, phone number, a-mail address, and website of the person writing the proposal and of the entity he or she represents. 2. Corporate or organizational status, including non-profit or 501(c)(3) status, if applicable 3. Past history, current mission, and future goals of the organization, generally and as specifically applicable to proposed partnership with City 4. Fundraising experience B. Concept plan -What do you want to do? 1. Executive summary providing overview of the proposal and general description of proposed final objective 2. Detailed description, including drawings as appropriate, of the proposed site location, size, and features of the amenity 3. Suitability analysis of site for proposed amenity, including traffic, parking, safety, noise RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING PARTNERSHIPS WITH PRIVATE OR PUBLIC ENTITIES Page 3 of 6 4. Description of number and type of persons or population(s) that would be served by the proposed amenity; demographics and geographic locations; trends that will affect support or interest in the proposed amenity 5. Anticipated or proposed benefits to proposer upon completion - e.g., priority use of amenity, retention of interest C. Business plan -How do you plan to do it? 1. Overview of implementation strategy -phasing, timeline 2. Potential challenges and solutions 3. Marketing needs and strategies; target market; media to be used 4. Organization and management of the project from development to implementation; number, qualifications, and background of personnel; division of labor/responsibilities 5. Why proposer is uniquely qualified to succeed -track record, prior projects and successes, particularly as it relates to partnerships and similar ideas; community involvement; familiarity with Meridian community and local government; 6. Long-term or ongoing maintenance or other requirements and plan for addressing 7. Proposed role of City staff in process D. Phased and final cost estimates -How much will it cost? 1. Overview of funding requirements and costs for completion of proposed amenity, including materials, labor, installation, maintenance, insurance, other costs 2. Show us the money -How much funding is already secured, from what source(s)? 3. Description of any commercial advantage or benefit conferred on proposer in construction or installation of proposed amenity 4. Additional/potential/future sources of funding 5. Fundraising plan and timeline 6. Amount of monetary or in-kind contributions requested or required from City - initially, during implementation, long-term, and ongoing RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING PARTNERSHIPS WITH PRIVATE OR PUBLIC ENTITIES Page 4 of 6 E. Acknowledgement of public records law. If the proposal contains trade secrets or personal information, a written notice to this effect must be included with the proposal. Proposers must be aware, that any and all information or documents submitted to the City of Meridian become public records. With some limited exceptions, the Idaho public records law requires that the City disclose public records in the City's custody to any person upon request. II. Analysis and follow-up. A. Viability assessment and contact. Within sixty (60) days of receipt of a complete proposal, the Parks and Recreation Department Director or designee will assess the potential viability of the partnership proposal and contact the proposer to discuss the proposal, giving consideration to each of the following factors: 1. Availability of funding (when and how much) from proposer; what funding or contribution would be required from City 2. Known or potential demand for proposed amenities within Meridian 3. Whether the partnership asks the City to add a new amenity to an existing park, to reprogram an existing park plan, or to accelerate implementation of an adopted plan 4. The proposed amenity's benefit to the community as a whole, particularly to underserved populations 5. Increased demands on City services and staff time created by the partnership and by the proposed amenity 6. Potential risks and benefits to City under proposed plan 7. Established priorities and budget available for amenity development 8. Initial and ongoing costs and available resources, to City and to proposer 9. Ongoing maintenance or funding requirements of the proposed partnership and the proposed amenity 10. Availability of City resources to commit to partnership or proposed amenity 11. History of contributions by proposer to Meridian community B. Benchmarks. If the Director determines from his initial viability assessment and discussion with the proposer that a current or future partnership between the parties may be viable, the Director may conduct or seek independent research or review of the proposal to verify and assess the information set forth therein. The Director may also RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING PARTNERSHIPS WITH PRIVATE OR PUBLIC ENTITIES Page 5 of 6 consult the Meridian Parks and Recreation Commission and/or Meridian City Council for input. If, in the Director's discretion, moving forward is appropriate in light of his assessment of the written proposal, discussion with the proposer, independent review or research, and Commission or Council input, the Director may establish benchmarks that will trigger renewed contact between the parties or further action by either party. As the established benchmarks are reached, the Director may require a progress report and/or new proposal updated with modifications to the proposer's goals or resources occasioned by benchmarks reached. Such benchmarks may include a measure of progress that indicates that the City and the proposer may begin negotiating a written partnership agreement. Unless and until a written partnership agreement is duly executed by the governing boards of both parties, the project should be considered an exchange of ideas, conceptual in nature, and neither the City nor the proposer should prematurely rely to its detriment on the relationship or on the representations of the other. No entitlement can be conveyed without a written instrument approved by City Council at an open meeting and signed by the Mayor. C. Partnership agreement. If the proposer attains a benchmark or measure of progress that indicates that it is appropriate to formalize the scope of the partnership, the Director, with the assistance of the City Attorney's Office, will negotiate a written agreement that establishes, as applicable, the parties' mutually-held and respective goals and commitments with regard to fundraising, construction, installation, operation, maintenance, and joint use of the amenity that is the subject of the partnership. RESOLUTION ADOPTING MPR ADMINISTRATIVE POLICY REGARDING PARTNERSHIPS WITH PRIVATE OR PUBLIC ENTITIES Page 6 of 6 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the day of , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Keaton Skyles, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 3, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 3, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2014 to January 31, 2014, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on January 31, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. ~~ " ~~ ~~ A Resolution Creating a New City of Meridian Social Media Policy and a Social Media Procedure. MEETING NOTES R~'r~~~n 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- 1~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL BY CREATING A NEW POLICY 6.1.7 -SOCIAL MEDIA AND A NEW SOCIAL MEDIA PROCEDURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to new Policy 6.1.7 -Social Media and new Procedure -Social Media; a copy of said policy and said procedure are attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, 'Idaho, this (~ d y of December, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ay of December, 2013. APPROVED: ATTEST: Holman, City Clerk liVV1i~~ s~ G~YlOC P.f iiD A A,L. s Cit of ~2~`~l ;IAN, de Weerd By: ~.._.~ F ~`~A Y ~ C.~ J h~`xA.~ A r ~ 6'R rke TnF \5~`-~~. CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL CREATING POLICY 6.1.7 -SOCIAL MEDIA AND NEW PROCEDURE REGARDING SOCIAL MEDIA -DECEMBER, 2013 CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER 6.1.7 SUBJECT: SOCIAL MEDIA POLICY PURPOSE: To establish guidelines for the use of social media by the City of Meridian ("City") and its employees. The City of Meridian has an overriding interest and expectation in deciding what is "spoken" on behalf of the City on City social media sites. SUMMARY: City social media sites maybe established only in full compliance with this policy and City of Meridian Standard Operating Procedure. The City may monitor employees' personal use of social media and require adherence to the provisions of this policy in such use. AUTHORITY & RESPONSIBILITY: The following policy shall apply to all employees in their personal and work-related use of social media sites; supervisors and department heads shall ensure compliance with this policy within their respective departments. I. DEFINITIONS A. Social media site: A publicly accessible online publishing application, technology, or website that provides information to the public via subscription, reference, network, or drop-in. Asocial media site may provide a forum by which individuals may post comments or other information. Examples of social media sites include blogs, podcasts, Delicious, ExposureRoom, Facebook, Flickr, Google +, LinkedIn, MySpace, RSS, Second Life, Twitter, and YouTube. B. City social media site: A social media site that: a) is established or administered by the City or by a City employee acting in his/her professional capacity; b) is held out to be representative of, or held out to be established or used by, the City, or any department, employee, commission, or component thereof; c) utilizes a City name, title, logo, or other indicia of City endorsement, establishment, or administration of such social media site. C. Non-City social media site: A social media site established or used by a City employee acting in his/her personal capacity. II. ESTABLISHMENT AND ADMINISTRATION OF CITY SOCIAL MEDIA SITES A. Any employee's establishment and administration of a City social media site shall follow, in all respects, City of Meridian Standard Operating Procedure, including, but not limited to, obtaining prior approval from the Mayor and the City of Meridian Communications Manager. The failure to follow any component of City of Meridian Standard Operating Procedure may result in disciplinary action. B. The Mayor may order City employees to wholly remove City social media sites that are established or administered in violation of City of Meridian Standard Operating Procedure. The failure to remove a City social media site in accordance with such order may result in disciplinary action. C. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. A failure to do so may result in disciplinary action. III. CITY EMPLOYEES' USE OF NON-CITY SOCIAL MEDIA SITES A. City employees or officials using personal or non-City social media sites should be aware that all social media sites are or may be accessible to the public, including to other City employees and officials. B. City employees or officials shall not use personal or non-City social media sites in any way that may adversely affect his or her employment, workplace and/or that of other City employees, including, but not limited to, bullying, gossiping, sexual harassment, abuse of City or other public resources, violation of City policies, or illegal activity. Such use of a personal or non-City social media site may result in disciplinary action. C. Where a City employee or official, acting in his/her personal capacity, wishes to use or comment on a City or Non-City social media site: a) regarding work or subjects associated with the City, or b) where such employee is or would reasonably be believed to be speaking in his/her professional capacity as a representative of the City, the provisions of this and other City policies shall apply and where necessary, the following disclaimer should be used: "The postings on this site are my own and do not necessarily represent the positions or opinions of the City of Meridian." D. City employees or officials shall not access or use personal or non-City social media sites in a manner that causes loss of productivity during working hours. CITY OF MERIDIAN STANDARD OPERATING PROCEDURE SUBJECT: SOCIAL MEDIA PROCEDURE PURPOSE: To establish procedures for City employees to follow in establishing, administering, and using City social media sites. SUMMARY: City social media sites may be established only in full compliance with this procedure, and must be monitored and maintained to ensure responsiveness, fairness, and compliance with the terms of use. AUTHORITY & RESPONSIBILITY: The following procedure shall apply to all employees in their personal and work-related use of social media sites; supervisors and department heads shall ensure compliance with this policy within their respective departments. I. DEFINITIONS A. City social media site: A social media site established or used by the City or by a City employee acting in his/her professional capacity. B. Comments: Information, commentary, dialogue, links, pictures, videos, and/or other forms of communicative content posted on a social media site. C. Non-City social media site: A social media site established or used by a City employee acting in his/her personal capacity. D. Site Administrator: The City employee or official designated to establish, monitor and maintain a City social media site. E. Social media site: A publicly accessible online publishing application, technology, or website that provides information to the public via subscription, reference, network, or drop-in. Asocial media site may provide a forum by which individuals may post comments or other information. Examples of social media sites include blogs, podcasts, Delicious, ExposureRoom, Facebook, Flickr, Google +, LinkedIn, MySpace, RSS, Second Life, Twitter, and YouTube. F. User: Any person who accesses, views, follows, likes, links to in any manner, and/or posts comments on a City social media cite. II. ESTABLISHMENT OF CITY SOCIAL MEDIA SITES A. No employee, City department, commission, or any other person shall establish a City social media site without prior approval by the Mayor and the City of Meridian Communications Manager. B. Persons seeking to establish a City social media site shall submit to the Communications Manager a written proposal, which shall include the following information: 1. The purpose of the account and site; 2. The City employee(s) or official(s) designated to establish, monitor and maintain the site; 3. Whether Users may post comments or messages on or through the site, and if so the schedule and plan for reviewing and following up on such comments; and 4. The proposed approach to removal of any comments pursuant to this policy. C. All City social media sites shall be administered or overseen by a Site Administrator designated by the director of the department creating the new social media site. Upon creation of the site, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall provide any updated login or password information to the Communications Manager. Upon separation from City employment, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall relinquish and transfer all administrator rights to the Communications Manager. D. The Mayor may require that a City social media site be wholly removed, though removal of individual messages may occur only pursuant to the criteria and procedures set forth in this policy. E. A Terms of Use Statement (see Appendix A) shall be prepared for each City social media site. Where ever possible, the Terms of Use Statement must be displayed or made available by hyperlink on each City social media site. III. CITY'S USE AND MAINTENANCE OF CITY SOCIAL MEDIA SITES A. All City social media sites shall adhere to applicable federal, state and local laws, regulations and City policies. B. All City social media sites shall make clear that they are maintained by the City. C. The City of Meridian's website at http://www.meridiancity.org will remain the City's primary and predominant Internet presence. Wherever possible, City social media sites should link back to the official City of Meridian website for information, documents, online services and other information necessary to conduct business with the City of Meridian. D. The site administrator shall respond within one working day to all comments or posts in which a User asks a question or requesting feedback. When the site administrator responds to a comment, in his/her capacity as a City of Meridian employee, the employee's name and title should be made available, and the employee shall not share personal information about himself or herself, or other City employees. E. The Communications Manager shall monitor content on all City social media sites to ensure adherence to these procedures, consistency with the interests and goals of the City of Meridian, and enterprise-wide consistency in messaging and information across platforms and site administrators. F. Content posted by the City and comments posted by Users on City social media sites contain records of subject to the Idaho Public Records Act. Any content posted or maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. G. The site administrator or Communications Manager may remove and/or restrict comments containing or uploading any of the following inappropriate forms of content, including: 1. Content that is deemed in violation of the City's Social Media Policy, these terms of use, the terms and conditions of use of [Name of Site] or any applicable federal, state or local law; 2. Profane, obscene, indecent, violent, or pornographic content; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Encouragement or incitement of illegal activity; 7. Information that may tend to compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest, such as a copyright, of any party; or 9. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. H. Any comments removed based on these guidelines must be retained by the site's administrator in accordance with the City's records retention schedule. The time, date and identity of the poster, may be retained with this record whenever available. I. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. APPENDIX A TERMS OF USE STATEMENT Terms of Public's Use of fName of Site] This [type of social media] is intended to [description of purpose]. Any comment or materials posted by a User of this site may be attributed only to that User, and does not necessarily reflect the positions or opinions of the City of Meridian, its employees or officials. The City of Meridian does not warrant the accuracy of any statement or claim made here, is not responsible for any User-generated content, and does not endorse any opinion expressed here. All Users must comply in all respects with [name of social media site]'s and the City of Meridian's Terms of Public's Use of City Social Media sites. The following terms of use shall also apply: 1. The City seeks to serve all of its constituents by hosting an open but civil dialogue. Reasonable arguments for opposing. views are encouraged. 2. Users shall have no right of privacy on the City's social media sites, as such sites may be or contain public records subject to disclosure pursuant to the Idaho Public Records Act and the City's records retention schedule. 3. A comment posted by a member of the public on any City social media site is the opinion of the commentator or poster only. Publication of a comment does not imply endorsement of, or agreement by, the City of Meridian, nor do such comments necessarily reflect the opinions or policies of the City of Meridian. 4. Comments should relate to the topic being discussed in the original post, should not contain random or unintelligible information or text, and should not be wholly an advertisement of commercial products or services. 5. Comments containing or uploading any of the following inappropriate forms of content are subject to removal and/or restriction: a. Content that is deemed in violation of City policy, these terms of use, the terms and conditions of use of [Name of Site], or any applicable federal, state or local law; b. Profane, obscene, indecent, violent, or pornographic content; c. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; d. Defamatory or personal attacks; e. Threats to any person or organization; f. Encouragement or incitement of illegal activity; g. Information that may tend to compromise the safety or security of the public or public systems; h. Content that violates a known legal ownership interest, such as a copyright, of any party; or i. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. 6. All use of this site shall be bound by the [Name of Site] terms and conditions of use. Where appropriate, City may report any violation of such terms and conditions to [Name of Site]. 7. These terms may be revised at any time. 8. A User's submission, posting, or other publication of a comment constitutes acceptance of these terms. Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5S PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Treasure Valley Veterinary Hospital MEETING NOTES ~c 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 E IDIAN iDAN~ DQG LICENSING DESIGNEE AGREEMENT This _ G LICENSING DESIGNEE AGREEMENT is made this ~_ day of ,, 20 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafte a rre t sus "C ," 3 t Broadway Avenue, Meridian, Idaho 83642, and +i rt ,hereinafter ref to -- ~- ~ - ~~ as-"I:ICENSWG DESIGNEE," whose busi address is ~ ~~~~ j Aa Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog Iicenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Cvde section 6-2-3(H}, B. Time of Performance: This agreement shall be effective from January 1, 2014 to December 31, 2014. ~ C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with alI applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issaance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought #o be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether xeplacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee, DOG LdCENSING DESIGNEE AGREEMENT ~ PAGE 1 OF 6 2. Official log; LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG ~ DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly iog"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of Iicense fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner, f. description of dog to be licensed; ~ g. verif cation of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent {10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th} day of the month following the month for which the fees were collected and the monthly log completed. Doo LICENSn+1t~ DESK}NBE AGREEMENT ~ P.AGE 2 OF b ~~ 5. Annual submission to City Clerk: No later than January 1 S, 2014, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, ".ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remissian of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3} of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE'S assertion of loss, the$, misplacement, mistake, or mismanagement of fees, tags, and/or data. ~ E. Responsibilities of CITY: r l~ 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE ~~ty dog license tags with the following serial numbers: .~- p 1 which dog license tags are to be issued by LICENSING DESIGNEE of upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of alI dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's Iog. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSIlVG DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOO LiCENSnvO DESiONEE AGREEMENT ~ PAGE 3 OF b -~ logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In aII matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83b42, 'or to ~,,..~ LICENSING DESIGNS as fol oyes: t '• ~ ~ ~ censors imue e s Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing patty shall be entitled, in addition to any other relief as maybe 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. J. Assignment: It is expressly agreed and understood by the patties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Dfscrfmination Prohfbited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. I30c' LICENSAVG DESIGNEE AGREEMENT ^ PnoE Q OF 6 ~ L. 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. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for exantination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope ofservices required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, 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 Meridian 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 LICENSING DESIGNEE at least fifteen (15} calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15} calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepazed by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shag, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting{s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach ofthis Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement aad shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. Do0 I..ICENSiNG DESIGNEE AGREEMENT ~ PAG6 S OF 6 f ~ 4 ~ Q. 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. LICENSING DESIGNEE: R. 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. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. /Cl~- _ ~ ~~~ BY: not ame CITY OF MERIDIAN: BY: TAMMY c~EJ7VEERD, MAYOR Attest: '~~ c;ty <,r EF~II:'•IA IV-Yy... ,UNFlO r ~,____ CITY C ~. ~~~fE SEf"L > W '~ o E ~ ~l.4r 7RE 1`•'~~' DOG LICENSWG DESIGNEE AGREEIviENT ~ PAGE 6 OF 6 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Intermountain Pet Hospital MEETING NOTES k Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ IAN :f~a~~ :DOG I~ICENSINCy DESIGNEE AGREEMENT .. This 1QOG I.~:ICENSING DESIGNEE. AGREEMENT is made this day of .. :..; . 20~, by.an~. between the Ci,ky of. i1!Iendian, a mumcapal corporation organ~zeci under tkte:laws..gf the State of:Id~ho, hereinafter referied to as "CITYY " 33 EasY$roadway Q~venue, Meridian Idaho 83642,.anti ~ ~.(.e;,.,~U~ ~~4;r: -f,~F J~oraprl~.-~ ,hereinafter Yeferred .to ~s "~;ICFNSIIVG DISY~'r~ . ~E; whose business °address is 8~b , 1,~. ~,,~~C:la ~~ ~c~ ~~i~icliun , Tt( ~ ~t~~lZ A. P.urp+~se of Agrcenierit: `The purpose of this.Ag'teetnent is to sef forth.th~ rights and obligations of CITY anal of fICENSING:l3ESIGNEEvith referenge to LICENSING DES:IGNEE's issuance of dog licenses on .CITY'S behalf 13y entering into this agreement, both partie$ seek to: 1) enco.:uiage and facilitate tie.licensing of all .dogs wfhiA the City of .., M..eridiari; apd 2) implemenYt~e~proviso~rs of•lYleridian Ci#y Code section'.b-2~3(I-~. -... B. Tinxe aT.Performance: This agreement shall::be~effective from January 1, 2014 to December 31, 2014. /"~ C. Desigtratian of>authority: CITY hereby authorizes aad empowers LICENSING 1~ESIGNEE to issue. dog licenses on behalf of CITY:in accordance with all applicable provisions of IVleridian City Code. D. Responsfbilities of LICENSING DESIGNS-E: 1: Issuapce of dog licenses: LICENS)NG bESIGNEE shall issue dog licenses only after verification of.oompliance with all. provisions of Meridian City Code.section 6-2-3, inclining, but not limited to: a. Verif cation thaf:any dog to be licensed .has a valid rabies vaccination in accordance with Meridiatir City Code section 6-2~3(D). 'b. 'yeri$eation that the owner of.any dog to ~be licensed is eligible for llte license fee sought:to be paid, i.e,, whether dog to be If cents is Neutered or spayed; whether :dog owneir7user is visually or:heating impaired or disabled; whether dog owner iJs fi~ining such ~tig as seeing eye, ~daring ear, or guide dog; aniilor whether replacement license tag will uideed replace vaiidly:issued, lost tag. e. Co7lectiorl of appropriate license fee. DOG LlCENSIN(3 DESIGNEE AGREEMENT ~ :PAGE :1 QF.b ~ 2. Official Jog: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG - DOG LICENSES ISSUED BY LICENSING DESIGNEE: jMONTIi & YEAR]" (hereinafter "mantltly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; G amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dag owner's compliance with ali provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collet#ed on CIT'Y's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE'S monthly log, completed in fiill. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. DOG LIC~NS{NO DESIGNEE AGREEMENT ~ PAGE 2 OF 6 /^1 5. Annual submission to City Clerk; No later than January 1 S, 2014, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog Iicense tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPQRT - DGG LICENSES ISSUED $Y LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E{3} of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regazdless of LICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dag license tags: CITY shall provide to LICENSING DESIGNEE anury dog license tags with the following serial numbers: which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian Ciiy Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: i.Jpan LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly /"~ DOG LICENSING DESIOTIEE AGREBI4IENT +~ pAae 3 OF 6 /"'~ logs kept by LICENSING DESIGNEE, unissued dog Ucensc tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shaIi notify LICENSING DESIGNEE in writing and LIGENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicioas dog licenses: This Agreement shall not autharize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. C. Tadepeadent Contrnctor: In ail matters pertainingto this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 836A~2, or to ~ LICENSING DESIGNEE as follows: ~~~ ~~ ~m s Either party may change -its address for the purpose of this pazagraph by giving written notice of such change to the other in the manner herein provided, Y. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing patty 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Dlscrlmination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Door LiCENSMG DESIGNEE AGREEMENT ~ PAGE 4 OF 6 /'1 L. 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. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. I'. Termination: 2. Written notice: If, through any cause, LICENSING DESIGNEE, its ofTicers, employers, ~ 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 agreemen#, engages in fraud, dishonesty, or any other act of misconduct in the performance of ties contract, or if the Meridian City Council deternunes 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 LICENSING DESIGNEE at least fifteen (I S} calendar days written notice. LICENSING DESIGNEE may terminate this agreemen# at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CTTY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set faith in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. n DOC LICENSING DESIGNEE AGREEMENT ~ PAGE 5 OF 6 ~ Q. 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. R. 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. S. Applicable law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho,-and the ordinansea Qf-~e-E-i~-af Meridian. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: ` ~ ~ i --' , ignature mint ame 1"~ CITY OF MERIDIAN: BY: TAMMY d RD, MAYOR ~~~~t,,;s~_n au4~,sr Attest. ~GJY , ,'yG p City of ~',~II~IAN~ CI ~°KNo ~'~ SEAL `L• ,P T~R'~l6e Tkf ~5 .~'~. I DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5U PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Idaho Humane Society MEETING NOTES ~~f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~\ E IDIAN~- IpAHt~ DOG LICENSING DESIGNEE AGREEMENT 5~ This DOG LICENSING DESIGNEE AGREEMENT is made this ~~ day of ~ V a ~. , 20~ 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 $3642, and ~T ~,,r,n~,~.n ~~ w ,hereinafter referred to as "LICENSING DESIGNEE," whose business address is ~'Z*~~-~,~,,,r.~ n ~ _ ~,~, A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Cade section 6-2-3(H). B. Tine of Performance: This agreement shall be effective from ]anuary 1, 2014 to 1Jecember 31, 2014. ~ C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. A. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section G-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered ar spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; andlor whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. ~`1 D00 LICENSIN(} DESI4NEE AGREEN~rrP ~ PAC3E 1 OF 6 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE; [MONTH & YEAR]" (hereinafter "monthly log"}. If such form is Lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a, date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 5-2-3; and b. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog License fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy oftee LICENSING DESIGNEE's monthly log, completed in full, Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth {15th) day of the month. following the month for which the fees were collected and the monthly log completed. DOG LiCENSINQ DESIGNEE AGREEMENT ^ PAGB 2 OF 6 r1 5. Annual submissioa to City Clerk: No later than January 15, 2014, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the farm provided herewith entitled, "ANNUAL REPORT - DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E~3} of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: X. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE q~ aty dog license tags with the following serial numbers: ~~Q) ~ ,3d04 , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 OF 6 ~ logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING pESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to ~.•~ LICENSING DESIGNEE as follows: ""fi~o~,su-~~ ane ndaress Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilitiesunder this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LIC~NSIIQG DESIONEE AoItEBMENT ~ PA(bE 4 OF G ~ L. 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. M. A-adits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE' S records with respect to all matters covered by this Agreement, N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable Laws, ordinances, and codes of Federal, State, and Ioca1 governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, 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 Meridian City Council determines that termination ofthis Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at Ieast fifteen (15) eaIendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least f fteen (15) calendar days written notice to CITY, 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerlc shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount ofthe discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. DOG LICENSIT[G DESIGNEE AGREEMENT ~ PAGE S OF 6 ~ Q. 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. R. 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. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. CITY OF MERIDIAN: BY: TAMMY ERD, MAYOR }L~!l~ O''~. i'L,:s.. y Attest: ~~~ ~'~ 1 ~` °~' ~~1~ ~l~j ,,~ ,,„a ~t,. s TAR -. F~ DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 LICENSING DESIGNEE: Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5V PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Sunnyside Animal Hospital MEETING NOTES _~~ ~ ' a Y ~~, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /`\ E IDIAN ! D,A l-1 ~ DOG LICENSING DESIGNEE AGREEMENT /'~ This DOG LICENSING DESIGNEE AGREEMENT is made this ZS day of IV~e~he-• , 20 t 3, 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 Su~r-,si ~ A~;n.~.J H,.S_Tni~-i _ ,hereinafter referred to as "LICENSING DESIGNEE," whose business address is ~ 1uu ni . S~z.,.. R~ Meg ~ d.i ar, . ~ 83~ye A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. $y entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2} implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2014 to December 31, 2014. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section d-2-3, including, but not Iinuted to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog ownei/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. /"~, DOG LICENSING DESIGNEE AGREEMENT ~ PAGE l QF 6 r"`~ 2. 4tficial log: LICENSING DESIGNEE shall keep an official, monthly, written log of ail dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly log"). If such form is last or rendered unusable for any reason whatsoever, LICENSING DESIGNEE mast keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay Iicense fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%} of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. A!1 dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE'S monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th} day of the month following the month for which the fees were ~„~ collected and the monthly log completed. DOG Li(~NSIIVG DESIGNEE AGREEMENT ~ PAGE 2 OF 6 ~~ 5. Annual submission to City Clerk: No later than January 15, 2p14, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT - DQG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E{3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the !og or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in any amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE'S assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. ~ E. Responsibilities of CITX: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE t ~~ dog license tags with the following serial numbers: ~ `io t - ZScao which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. Z. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSINGr DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official montllly DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 3 Or b ~ logs kept by LICENSING DESIGNEE, unissued dog Iicense tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's Iogs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. Ii. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Tdroadway Avenue, Meridian, Idaho 83642, or to ~ LICENSING DESIGNEE as follows: ~,.Yw-~Sid.e ~•,m~ ~Sp~tz.1 S~oa N • Sirs CL,~ MEHdic.~. 1U s3i.tit~o L~mgDes~gnee amean ess Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Y. Attorney Fees: Should any litigation be commenced between the parties hereto.conceming this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. )K. Discrimination Prohibited: In perfomning the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING De3[GNEE AGREEMENT ^ PaGB 4 OF 6 '"~ L. 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. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. F. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, 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 Meridian 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 LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) ofthis Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. /"\ DOG LICENSING DESIGNEE AGREEMENT ^ PAG$ 5 OF b /1 Q. 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. R. 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. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: y~~ ~ .f-LD ~v~v~ 5ide ~:~.y.`inn,o,~ ~-~o s~~ ~ ~,~e -~t22."2_ /~ ,: BY: ~.~-- Yra~x~..t ~nnt e ~, CITY OF MERIDIAN: BY: i"'1 ./ ~7 TAMMY e ERD, MAYOR DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5W PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Pet Care Clinic 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 IDIAI~T tDAHt:- DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this /s T day of .n./o~ , , 20~, 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 _ ~~r CAS C~.X~~ _, hereinafter referred to as "LICENSING DESIGNEE," whose business address is i~s~ ~'. ~,4,,~~j~,~y~~,,r,W A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: i) encourage and facilitate the licensing of all dogs within the City of Meridian; and 2) implement the provisions of Meridian City Code section b-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2014 to December 3I, 2014. i"`~ C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verif cation that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. DOG LICENSINQ DESIGNEE AGREEMENT ~ PAGE 1 OF 6 2. Official log: LICENSING DESIGNEE shall keep an ofI`icial, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG-DOG LICENSES ISSUED BY LICENSING DESIGNEE; [MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered unusable far any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; ~ g. verification of documentation demonstrating dog owner's compliance with al] provisions of Meridian City Code section 6-2-3; and b. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE an CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (1 Sth) day of the month following the month for which the fees were collected and the monthly log completed. /"'\ DOG ~.ICENSING DESIGNEE AGREEMENT • PAGE Z OF 6 5. Annual submission to City Clerk: No later than January 15, 2014, LICENSING DESIGNEE shall submit #o the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT - DEG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy:laf, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE'S issuance of dog licenses as set forth in sections E(2) and E{3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shalt not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. ~ E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE dog license tags with the following serial numbers: sra~,.r a~o~ , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE's verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the Meridian City Clerk of all dog liceflse fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian Ciiy Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog Iicense tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shaI! notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly DQG LICENSMG DESIGNEE AGREEMENT ~ PAGH 3 OF b '~ logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE'S annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY. G. Independent Cotatractor: Ia all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any ofI"icer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. Ii. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83842, or to ~ LICENSING DESIGNEE as follows: cans~ng s~gnee ams ess Either party may change its address for the purpose of this pazagraph by giving written notice of such change to the other in the manner herein provided. I. 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 be#ween the parties and shall survive any default, termination or forfeiture of this Agreement. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. /"'~, DOG LICENSING DESIGNEE AGREEMENT ~ PA4E 4 OF 6 n L. Reports and Informatlon: 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. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination alI of LICENSING D$SIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (34) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees, ~ or agents fails to fillfill 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 Meridian 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 LICENSING DESIGNEE at least f fteea (I S} calendaz days written notice, LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY, 2. Remittance to CITY: In the event of any termination of this Agreement, all f nished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accoutrting(s) as set forth in sections E(2} and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. ~"\ DOG LICENSING DESIGNEE AORE>:MENT ~ PAGE 5 OF 6 r /" 1 Q. 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. R. 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. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: ~` i e BY: ~.r/i~ u,o ~A.PKi~ t ame ,~~ CITY OF MERIDIAN: /~ BY: TAMMY RD, MAY z ~,," '' ~ `-1- ..~ ~'~ 1 ~9. Attest: ` ~ ct,: ~~, ~~~~~ ~ LIB [ ,'~ Cat ~o n n_n, s }~ ~y.~ C ~~ "\s" ~: ~.~ ~V~fFf ):iti .. ".'f~v DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5X PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Settlers Park Veterinary Hospital MEETING NOTES ~x~ ~~~ 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 IDAHO DOG LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this ~'~ day of 20~ 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 ,~G~';~ ~~1G 1~`G~-+~y _ _ / ~1~+~ hereinafter refexred to as "LICENSING DESIGNEE," whose business address is ,32 z~ T~. tf'~c~^7~^. A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING DESIGNEE'S issuance of dog licenses on CYTY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the Iicensing of all dogs within the City of Meridian; and 2} implement the provisions of Meridian City Code section 6-2-3(H). B. Time of Performance: This agreement shall be effective from January 1, 2U l4 to December 31, 2014. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3, vncluding, but not limited tv: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section 6-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. e. Collection of appropriate license fee. /"'~ DOG LICENSTIVG DESIGNEE AGREEMENT ~ PAGE ~ OF 6 ^~ 2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG--DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEAR]" (hereinafter "monthly lvg'~. If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a. date of issuance; b. dog license tag serial number; c. amount of license fee collected; d. amount of administrative fee collected; e. name, address, and telephone number of dag owner; f. description of dog to be licensed; i"\ g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Cvde section 6-2-3; and b. verificafion of eligibility of dog owner to pay license fee sough# to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee of ten percent (10%) of the amount of each dog license fee collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. /"\ DOO LICENSING DESIGNEE AGREEMENT ~ PAGE 2 QF 6 ~1 5. Annual submission to City Clerk: No later than January 15, 2014, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the form provided herewith entitled, "ANNUAL REPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: Ii; following the Meridian City Clerk's monthly and/or annual review and accounting ofLICENSING DESIGNEE's issuance of dog licenses as set forth in sections E{2) and E{3) of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees, tags, and/or data. ~ E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE ~~ dog license tags with the following serial numbers: ~' w'~v0-vsv. , which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of ail dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly /""1 DGG LICENSING DESIGNEE AGR~N'r ~ PAGE 3 OF 6 ~ togs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSDVG DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses on behalf of CITY, G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. FI. 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83G42, or to ~ LICENSING DESIGNEE as follows: ~~~ ~ ~~k 3aZo M. b~..- ~~ dam- ~ ~'~` ~,6 ~~ .r'neina~ei~.w n~..u nor Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. I. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis ofraee, color, religion, sex, national origin or ancestry, age or disability. Duct LtCarrSU~o DESIGNEE AGREEMENT ~ PAGE 4 OF 6 ~ L. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statemcnts, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement. N. Compliance with Laws: In performing the scope of services required hereunder, LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (34) days to accept or reject the proposed change. Changes which are mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, its ofI•icers, 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 Meridian 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 LICENSING DESIGNEE at least fifteen (15) calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY: In the event of any termination of this Agreement, all finished or documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY aII licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City Clerk shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any bxeach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages, I)OG LICENSINU DESIGNEE AGRF.EI4JENT ~ PAGE S OF 6 "~ Q. 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. R. 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. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: ~~ BY: ;pi w4 L~iS .S I~~ ~, t ame CITY OF MERIDIAN: BY: ~~i~l ~v..~~rr~ C~rv of C s ~ e~ h tT^ `' TAMMY e ,MAYOR S~, 1,t l Attest: ~ " "' ~~:~ DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5Y PROJECT NUMBER: ITEM TITLE: DOG LICENSING AGREEMENT Police Department: Dog Licensing Designee Agreement between the City of Meridian and Meridian Veterinary Hospital MEETING NOTES ~~ a ka~~~nF` ~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 /"\ E IDIAN IDAi-!t3 D4G LICENSING DESIGNEE AGREEMENT This DOG LICENSING DESIGNEE AGREEMENT is made this ~'f` day of ~c , 2U 13, 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 83542, and ~ ~ cam, t~ 4 ~c w~,u ~, hereinafter referred to as "LICENSING DESIGNEE," whose business address is ~- I w . ~~,~~~ ~-- A. Purposc ofAgreement: The purpose of this Agreement is to set forth the rights and obligations of CITY and of LICENSING DESIGNEE with reference to LICENSPVG DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement, both parties seek to: 1) encourage and facilitate the licensing of alI dogs within the City of Meridian; and 2) implement the provisions of Meridian City Cade section 6-2-3(H}. B. Time of Performance: This agreement shall be effective from January 1, 2014 to December 31, 2014. C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE to issue dog licenses on behalf of CITY in accordance with all applicable provisions of Meridian City Code. D. Responsibilities of LICENSING DESIGNEE: 1. Issuance of dog liccnses: LICENSING DESIGNEE shall issue dog licenses only after verif cation of compliance with all provisions of Meridian City Code section 6-2-3, including, but not limited to: a. Verification that any dog to be licensed has a valid rabies vaccination in accordance with Meridian City Code section b-2-3(D). b. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog owner/user is visually or hearing impaired or disabled; whether dog owner is training such dog as seeing eye, hearing ear, or guide dog; andlor whether replacement license tag will indeed replace validly issued, lost tag. c. Collection of appropriate license fee. Do0 LICENSING DssIGNEE AGREEMENT ~ PAGE 1 OF 6 . , ~ 2. Official Iog: LICENSING DESIGNEE shall keep an official, monthly, written log of all dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled, "MONTHLY LOG -DOG LICENSES ISSUED BY LICENSING DESIGNEE: [MONTH & YEARJ" (hereinafter "monthly log"). If such form is lost or rendered unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record including: the serial numbers of the dog license tags provided by CITY for issuance by LICENSING DESIGNEE and shall also contain the following information as to each dog license issued by LICENSING DESIGNEE: a.. date of issuance; b. dog license tag serial number; e. amount of license fee Collected; d. amount of administrative fee collected; e. name, address, and telephone number of dog owner; f. description of dog to be licensed; /'1 g. verification of documentation demonstrating dog owner's compliance with all provisions of Meridian City Code section 6-2-3; and h. verification of eligibility of dog owner to pay license fee sought to be paid. 3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and keep an administrative fee often percent (10%) of the amount of each dog license fee collec#ed on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license fees collected and administrative fees retained and shall report same to CITY in its annual report. 4. Monthly submission to City Clerk: At the end of each month during the term of this Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk; a. All dog license fees collected by LICENSING DESIGNEE an CITY's behalf; and b. A true and correct copy of the LICENSING DESIGNEE's monthly Iag, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the fifteenth (15th) day of the month following the month for which the fees were collected and the monthly log completed. /'~ DOG LIC~FSIAiCi DESIQNEE AGREEMENT ~ PAGE 2 OF 6 ~"\ 5, Annual submission to City Clerk: No Iater than ]anuary i 5, 2014, LICENSING DESIGNEE shall submit to the Meridian City Clerk: a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by LICENSING DESIGNEE; and b. An annual report, by completing in full the farm provided herewith entitled, "ANNUALREPORT -DOG LICENSES ISSUED BY LICENSING DESIGNEE." 6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as set forth in sections E(2) and E(3} of this Agreement, the Meridian City Clerk notifies LICENSING DESIGNEE of a discrepancy in fees collected and data reported by LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING DESIGNEE'S obligation to remit to CITY funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to CITY shall not be excused for any reason, regardless of LICENSING DESIGNEE's assertion of loss, theft, misplacement, mistake, ar mismanagement of fees, tags, and/or data. E. Responsibilities of CITY: 1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE anc dog license tags with the following serial numbers: which dog license tags are to be issued by LICENSING DESIGNEE only upon LICENSING DESIGNEE'S verification of compliance with atl provisions of Meridian City Code section 6-2-3. 2. Monthly accounting: Upon LICENSING DESIGNEE'S monthly remittance to the Meridian City Clerk of al[ dog license fees collected by LICENSING DESIGNEE on behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog Iicense tags issued by the designee according to the designee's log. In the event of a discrepancy between the log, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall renut to CITY funds in the amount of the discrepancy. 3. Annual accounting: Upon LICENSING DESIGNEE'S remittance to the Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE, all ofFcial monthly ,~ nOCi LICENSlMG DESIUNEE AGREEMENT ~ PAGE 3 OF 6 ~"1 logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to determine that the fees remitted correspond to the number and type of dog license tags issued by the designee according to the designee's logs. In the event of a discrepancy between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy. F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue vicious dog licenses an behalf of CITY. G. Independent Contractor: In all matters pertaining to this agreement, LICENSING DESIGNEE shall be acting as an independent contractor, and neither LICENSING DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed an employee of CITY. The selection and designation of the personnel of CITY in the performance of this agreement shall be made by CITY. H. Notices: Any and alI notices required to be given by either of the parties here#o, 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 to CITY as follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83b42, or to /"1 LICENSING DESIGNEE as follows: u~nsmg ~gnee ame Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Y. 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. J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any of its rights or responsibilities under this Agreement except upon the prior express written consent of CITY. K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING DESIGNEE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. DOG LICENSING AE$IGNEE AGREEMENT ~ PAGE 4 OF 6 ~ L. 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. M. Audits and Inspections: At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LICENSING DESIGNEE'S retards with respect to all matters covered by this Agreement, N. Compliance with Laws: In performing the scope of services required hereunder, LICEIV'SIIVG DESIGNEE shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing. The party to whom the change is proposed shall have thirty (30) days to accept or reject the proposed change, Changes which aze mutually agreed upon by and between the CITY and LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment signed by both parties. P'. Termination: 1. Written notice: If, through any cause, LICENSING DESIGNEE, 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 arty record or document required to be prepazed under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the Meridian City Council determines that termination ofthis Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving LICENSING DESIGNEE at least fifteen (15} calendar days written notice. LICENSING DESIGNEE may terminate this agreement at any time by giving at least fifteen (15) calendar days written notice to CITY. 2. Remittance to CITY; In the event of any termination of this Agreement, alI finished or documents, data,, and reports prepared by LICENSING DESIGNEE pursuant to Meridian City Code and/or under this Agreement, completed or incomplete, shall, at the option of the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued dog license tags. Upon such remittance following termination, the Meridian City CIerk shall conduct an accounting{s} as set forth in sections E(2) and E(3} of this Agreement, and LICENSING DESIGNEE shall remit to CITY funds in the amount of the discrepancy, LICENSING DESIGNEE shall not thereby be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by LICENSING DESIGNEE. This provision shall survive the termination of this agreement and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages. .~ DGG ~.TCENSTTVG DT:.SIGIVEE AGREEME-V1' ~ PAGE 5 OF 6 V /`\ Q. 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. R-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. S. 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. T. Approval required: This Agreement shall not become effective or binding until approved by CITY. LICENSING DESIGNEE: ,i ~'~---- ~,,,, Pnnt ame CITY OF MERIDIAN: BY: TAMMY e , MAY,.,:~:;~~;t;~,_ ' ;r' , (1 s C'=ty G +' C-~~~ 1~~ ~, ,~ r,; ~- a inaHo ~ ~ ~~~t, r. ~ ~; r~ . ~ ~. DOG LICENSING DESIGNEE AGREEMENT ~ PAGE 6 OF 6 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5Z PROJECT NUMBER: ITEM TITLE: EASEMENT Sanitary Sewer and Water Main Easement, Lee Centers, Grantor 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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 801SE IDAH01?J19113 12:02 PM RECORDEDC REQUEST OF III IIII'III'IIIII'I'll'II~~III'll I'II Meridian City i 13135119 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ,~~, 20~ between Lee Centers, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said ~ pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and. their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of--way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the azea of the easement and adjacent property to that existent prior to undertaking such procedures. However, ~ GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. Centers Sanitary Sewer and Water Main Easement CENTERS EASMT S&W.doc ,~'"~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of theright-of--way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ee enters STATE OF IDAHO ~ ss. County oIf A~ ) On this 1, K day of ~1~ , 201 ~, before me the undersigned, a Notary Public in and for said state, personally appeared Lee Centers, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, I have hereunto set r)ay hand and affixed my official seal the day and yeaz first above written. ! _ 7 ka..: + Jae a :~= ~, ~~~',', b.9 ` P ~•~~ ~,c.~'~': ~. Tf. «~,~. N E'~ti iD ~*3s /. Y d a. ~R N a ~,~ `~ .x J ,J t'~q~r ~ ~~ '~ ~ ~ e.~~~v~~a~ys "~°' NO~ARY PUBL~ Resi ng at: Commission Expires: Centers Sanitary Sewer and Water Main Easement CENTERS EASMT S&W.doc n GRANTEE: CITY OF MERIDIAN S;l p:c::;t3AU4~~ r Tammy de erd, Mayor ;~' ~~'°~ .~ p ~ City of ~.1V1 E IDI~ IAN; ~ IDAHO r 9 Attest b ee L. Holman, City Clerk ~~'F+, ~ h ~ T a E ~s~~~'ap~ Approved By City Council On: is l n I i3 STATE OF IDAHO ) ss County of Ada ) On this ~ day of 1~ c e M beX- , 20 ~ ~, before me, the undersigned, a Notary Public in and for said State, personally appeazed Tammy de Weerd and Jaycee L. Holman, known to me to /~ be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. ,...... ••~~NES•••. ,, .~;z ~;~: ,~ ~ O •.~~~~.• ARY PUBLIC FOR Residing at: V~-( Commission Expires: Centers Sanitary Sewer and Water Main Easement ~ CENTERS EASMT S&W.doc /1 EXHIBIT A November 25, 2013 Descriutiori for Meridian City °Permanent S~nj~,y cps. o~ ~ ~ri~*a. ~~ro,,,e.,+ Cg~n goo, rtion ,. An easement located in the NE '/ of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" iron pin monument marking the N % comer of said Section 25, from which a 5/8" iron pin monument marking the northwest comer of said section bears North 89°20'31" West, 2640.22 feet, thence along the north boundary of said NE'/. South 89°20'17" East, 1233.84 feet; thence leaving said north boundary South 00°39'43" West, 1322.62 feet to the POINT OF BEGINNING; Thence South 89°23'26" East, 33.78 feet; Thence South 00°23'27" West, 38.54 feet; Thence South 80°07'39' West, 26.35 feet; Thence North 09°52'21" West, 44.07 feet to the POINT OF BEGINNING. Said easement containing 1,232 SF (0.03 acres), more or less. 131021-nom cent-perm.docx EXHIBIT B 4 (sAAsls of eE 26' 25 " e9'2o'31 • w 0 o: W 0 z J' I~' P~~~~ N~s~ cD F ~v \ \ y~ \~ ~T c>= BEa 1EAIPA'PARY CGWS1J~iUC'IKW EARN x,119 SF f/- LINE LINE DAT BEARING A DISTANCE L1 S 89'23'26" E 33.78' L2 S 00'13'27" W 38.54' L3 S 80'07'39" W 26.35' L4 N 09'52'21 " W 44.07' LS S 89'23'26" E 26.08' l6 S 09'52'21 " E 44.07' L7 N 80'07'39" E 26.35' L8 N 00'23'27" E 38.54' L9 S 89'23'26" E 51.06' L10 S 61' 17'36" W 29.82' L11 S 00'23'27' W 44.71' L12 S 80'07'39" W 72.23' L13 N 09'52'21" W 70.65' L14 N 21't8'19" W 3.23' ~W. VICTORY..... RD. P~~E~' cEN~~Ep F~~RE -RppO.. p~EN 1.E~fdQ P p~ELQ - EXISTUVG WATER '-='ri~ EXISTN~; SANTARY SEWER "` PROPOSED WATER ~ ~-- - PROPOSED sArBTARY SEWER IriERfDUUI CITY PERMANENT SANITARY SEWER ~ WATER EASEMENI ~;•; rn r~~'%: i TEMPORARY CONSTRUCTDN EASEMENT SCALE ' ".so' CITY OF MERIDIAN DWG.OATE l i/22%i3 SANITARY SEWER & WATER EASEMENTS w~o,l. N0, 131021 CENTERS PORTION SHEET MERIDIAN HEIGHTS SANITARY SEWER i OF 1 LOCATED IN THE NE 1 /4 OF SECTION 25 T.3N., R.1 W., B.lal. 1 31021-EASE.DWG bkb MERIDIAN, ADA COUNTY, IDAHO N~,G~S / ER1D~- R 5 ~ ~ EMF/NEER/N~ SOLUT/ONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Foy (208) 938-0941 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5AA PROJECT NUMBER: ITEM TITLE: EASEMENT Temporary Construction Easement, Lee Centers, Grantor 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 IDAH012119113 12:02 PM RECORDED c REQUEST of II I I I II I II II I I II II II I I I II IIII I III I III ~ Meridian City 113135118 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ~ day of ~, 20 l3 between A. Lee Centers, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water and sewer constructionright-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water and sewer lines are to be provided for through an underground pipeline to be constructed by others; and NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, ~ and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for a construction easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The temporary construction easement hereby granted is for the purpose of construction of water and sewer lines and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire thirty (30) days after the installation of the water and sewer lines and acceptance of said water and sewer lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after the said water and sewer lines have been installed and accepted, CONTRACTOR shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area ~ described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Centers Construction Easement CENTERS CONST EASMT.doc THE GRANTORS hereby covenant and agree with the GRANTEE that, should any part of the permanent easement hereby granted sepazately become part of, or lie within the boundaries of any public street, then, to such extent, this easement hereby granted which lies pazallel to such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they aze lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: A. Lee Centers STATE OF IDAHO ~ ss. County of Ada ) On this ~ day of ~, 201 ~ before me the undersigned, aNotary Public in and for said state, personally appeared A. Lee Centers, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my_hand and affixed my offiicial seal the day an¢1 yeaz first above written. r~ P ~ te~~aaeBSQt#~ .~ .3 ~ p t ~ p epsma ~ ~.J ''i3~.~~ a~s~ass' A ~~~? ~.d ~ OP 1t?..•. NO ARY Pl Resi ing at: Commission /"~ Centers Construction Easement CENTERS CONST EASMT.doc GRANTEE: CITY OF MERIDIAN Tammy erd, Mayor 1.. ~ ~/A ~ Attest4~Jaycee L. Holman, City Clerk L/1~l ~ IO~ LAND IDdHO s Approved By City Council On: ~ ~ " ~~ ~W ~P ~<<4e TREAS~'p STATE OF IDAHO ) ss County of Ada ) On this l~ day of ~ecem heX' , 20 ,L?z, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to ~"\ be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,. SoNES ., ~Q-, PgY . _ • `'~~ ~ ~, (S '~ o~ ~ ARY PUBLI FOR ID O W; x ,~ ; Q~ Residing at: h ~ I :~' ~ %~ ~ Commission Expires: ~ ! c. Y`;%'p ;~ ~~ Centers Construction Easement CENTERS CONST EASMT.doc EXHIBIT B n /~ (eAsls of N 89'20'31" P~C~L SEGO F PgWT A~ BE~7Aai~vi lEA/PGZIPARY CCWSIRlUCI/GW EASEA/EN~ x,119 Sf' f/- ~'' ~'r~ TEMPORARY CONSTRUCTION EASEI~NT ~~' ~ ~' ~' u.il w. vlcTOl~r _RO. LINE LJNE DAT BEARING A ~ %' %' %'• ~ ' ~' ~' DISTANCE PiGYNT A~ BE'AWN/NC r' , ~ ` ~ ~ ~ , , •T ' :T ~ ~ ~ ~ • ~ . ' ' " PERMANENT EASEAt(E'NT ~~ ; ; • ; ; ' '' ' ' ll L2 S 89 23 26 E S 00'23'21 W , 33.78 JT.T?STt/- ... ~ ~ ~~ 54' ~' 38 ~ ' ' ~ ' ~ l3 S 80'0139" W ' " . ~~ ~`~, ~ , , ~ 26.35' ~~'~'~; L4 N 09'52 21 W 44.01 ~ . ,y,. ~~' L5 S 89'23'26" E 26.08' L6 S 09'52'21 " E 44.07' l7 N 80'07'39" E 26.35' C8 N 00'23'27' E 38.54' L9 S 89'23'26" E 51.06' L10 S 61' 17'36" W 29.82' L11 S 00'23'27" W 44.72' l12 l13 S 80'07'39" W N 09'52'21" W 72.23' ~Q L 70 65' p '"~C~ Lt4 N 21'18'19" W . 1 ~URE 23' 3 ~~RS F . CiE OppS~ OPM~'1T 1 F~ pR 0 - EXISTING WATER #s--- EXISTWG SANTARY SEINER - ' P ~ * PRO OSED WATER ~~~ PROPOSED SANITARY SEWER MERIOUN CITY PERMANENT SANITARY SEWER ~ WATER EASEMENT ~. scA~E 1 ~=so' CITY OF MERIDIAN owc.oaTE 11/zz/13 SANITARY SEWER & WATER EASEMENTS ~GIAIEERINC r~o.1. No. 13102 t CENTERS PORTION ~~L~~,~~~ SHEET MERIDIAN HEIGHTS SANITARY SEWER 1 OF 1 LOCATED IN THE NE 1/4 OF SECTION 25 T.3N., R.1 W., B.M. 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 63642 131021-EASE OWG bkb MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Pax (208) 938-0911 . M~~t10 P,~R 1C~ W R p1S~R 5 EXHIBIT A November 25, 2013 Description for Meridian it; Tg~m o~ unitary Sewer & Water Easennent Winters onion An easement located in the NE '/. of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8° iron pin monument marking the N '/. comer of said Section 25, from which a 5/8" iron pin monument marking the northwest corner of said section bears North 89°20'13° West, 2640.22 feet, thence along the north boundary of said NE'/. South 89°20'17" East, 1207.77 feet; thence leaving said north boundary South 00°39'43" West, 1322.65 feet to the POINT OF BEGINNING; Thence South 89°23'26" East, 26.08 feet; Thence South. 09°52'21" East, 44.07 feet; Thence North 80°07'39" East, 26.35 feet; Thence North 00°23'27" East, 38.54 feet; Thence South 89°23'26" East, 51.06 feet; Thence South 61°17'36" West, 29.82 feet; Thence South 00°23'27" West, 44.72 feet; Thence South 80°07'39" West, 72.23 feet; Thence North 09°52'21" West, 70.65 feet; Thence North 21°18'19" West, 3.23 feet to the POINT OF BEGINNING. Said easement containing 4,119 SF (0.09 acres), more or less. 11118 `~~ ~ 1(Z~1~3 yr ON ,W HP' 131021-nonr-cent-temp. do cx ~`\ EXHIBIT B 4 (BASIS OF BE 26' 25 N 89'20'31• w 0 ar ~. 0 z .J ~~. ~~ `. \.`,. M ,; ih, =~-~ ~~ ~ ~~. ~~ - _- PANT c~ 61E'AW/VIgV! lE'AIPQ~PARY CANSi741(/CT/GW EASEL/ENi ~l,119 SF f/- _w. VICTORY RD. LINE .LINE DAT BEARING A DISTANCE 1,;;;.°•' , •; PgWT Lai BEGJWN/NC ~; ~' la~ ' %' %' ' ' " ' • PERI/AA~NT EASEA/£ T ~ ' ~;' ' ';' %' l1 L2 S 89 23 26 E S 00'23'27" W 33.78 54' 38 N , ; . 1,7.72 Sf t/- ~~:;.:; %; %, ~;;;'':: %; l3 5 80'0]'39" W ' ' " . 26.35' %'%'• ~' ~' ~,~'y~;'; ~':: ~~' ~' `' ~' ~~~"` s L4 N 09 52 21 W 44.01 ~,Y'~~ LS S 89'23'26' E 26.08' l6 S 09'52'21" E 44.07' l7 N 80'07'39' E 26.35' L8 N 00'23'27" E 38.54' L9 S 89'23'26" E 51.06' L10 S 61' 17'36" W 29.82' l11 S 00'23'27" W 44.72' l12 l13 S 80'07'39" W N 09'52'21" W 72.23' 70 65' p~CE1. lt4 N 21'18'19" W . 3.23' ~N'(~RS F~R~ C ROpO~~~ PM~NZ I F~ P` , p~E~O ---~y- -- EwSnNG wATER -ps--- - EXIST~IG SANTARY SEWER PROPOSED WATER PROPOSED SANITARY SEWER MERIDUW CITY PERMANENT SANITARY SEWER do WATER EASEMENT 1 OF 1 LOCATED IN THE NE 1 /4 OF SECTION 25 T.3N., R.1 W., B.M. 131021-EASE.OWG bkb : b1ERIDIAN, ADA COUNTY, IDAHO. • ; ~ ; , r n r~;~ I ~Mp~A~. CONSTRUCTXNV EASEMENT sca.E 1 ".so' CITY OF MERIDIAN ~wG.a-rE ^ 11%22/13 SANITARY SEWER & WATER EASEMENTS PRa. No. 131021 CENTERS PORTION MERIDIAN HEIGHTS SANITARY SEWER SHEET IAN.-NEB / MER10 -P'~ ~~ . E~ 01~R S~ ~ ~ „~W~INEFR/N~ SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IOAt10 83642 Phone (208) 938-0980 FoK (208) 938-0941 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5BB PROJECT NUMBER: ITEM TITLE: EASEMENT Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (Ridenbaugh Portion) 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 Chrialopher D. Rich AMOUNT .00 ! 601SE IOAM012119113 12:02 PM RECORDED C REB EAST of II I I I1111111I1111111II IN~IIIIII I I III Meridian City 113135117 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~~, 20,~,~ between the Merle A. and F. Lavern Hansen Trust, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of.construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement andright-of--way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the azea of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. Hansen Trust Sanitary Sewer and Water Main Easement-Ridenbaugh HANSEN EASMT S&W.doc /"\ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of--way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first herein above written. GRANTOR: ~ The Merle A. and F. Lavern Hansen Trust Dated May 21, 1992 ~~~~ ~~ Merle A. Hansen, Trustee STATE OF IDAHO ss. County of Ada ) On this ~ day of _, 201,, before me the undersigned, a Notary Public in and for said state, personally appeared Merle A. Hansen, known or identified to me to be the person whose name is subscribed to the within instrument as the Trustee of the Merle A. and F. Lavern Hansen Trust, and acknowledged to me that he executed the same as such Trustee . IN WITNESS WHEREOF, I have hereunto set my d my official seal the day and yeaz first above w~tta~,~.,,,,°~ .•° ~ g . FRgF '•. .••~~ ~4••••......•••.•ff9°.,•• ~SE,~} NOTARY LIC FOR IDAHO * _ ~~~ ~ * = Residin at: ~~ •: P U B LZG : g •, ~, •. •.• o •.• Commission Expi es: °,,._ ~ of l~_o°° A,., Hansen Trust Sanitary Sewer and Water Main Easement-Ridenbaugh HANSEN EASMT S&W.doc ~ GRANTEE: CITY OF MERIDIAN ~- ~ Tammy de rd, Mayor ~;G~~AU~~, Z4~R sr! ~~ ~~G I / n ~ _ c,t~ of `_ - Attest ~aycee L. Holman, City Clerk `'' ' ` °. 7DAND y ('TA7 ~W Approved By City Council On: ~ I f'' ~ 3 5~&``~p~ e Tfl STATE OF IDAHO ss County of Ada ) On this ,~~ day of i>o ~ P.m hear , 20 ~, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to ./"'1 be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,...... (SE, S R yES ~• :w z ~. .--~ ; ~ ~. ~ ~. ~ ; ~'~ '~ t''UU~ti'' -- ~ - ARY PUBLIC OR ID Residing at: ti l Commission Expires: ~~ Hansen Trust Sanitary Sewer and Water Main Easement•Ridenbaugh HANSEN SASMT S&W.doc ~ EXHIBIT A November 25, 2013 Descriution for Meridian City Perrnanen~Sanitaw Sewer & Water Easement ~,ansen portion The 'Ridenbaugh EasemenYi An easement located in the NE '/. of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" iron pin monument marking the N '/. comer of said Section 25, from which a 5/8" iron pin monument marking the northwest comer of said section bears North 89°20'31" West, 2640.22 feet, thence along the north boundary of said NE'/. South 89°20'17" East, 739.44 feet to the POINT OF BEGINNING; Thence continuing along said north boundary South 89°20'17" East, 113.01 feet; Thence leaving said north boundary South 21°34'48" East, 12.72 feet to a point of curvature; Thence 51.17 feet along the arc of a curve to the right, said curve having a radius of 857.22 feet, a delta angle of 03°25'12", and a long chord bearing South 19°56'55" East, 51.16 feet; Thence leaving said curve South 88°33'55" West, 99.80 feet; Thence North 00°39'43" East, 18.30 feet; Thence North 89°20'17" West, 36.29 feet; Thence North 00°39'43" East, 45.00 feet to the POINT OF BEGINNING. Said easement containing 7,094 SF (0.16 acres), more or less. NP /'1 131021-rdb-hens-perm.docx 11118 %T~E O F \d \NW. EXHIBIT B 0 o: ~~ 0 I~ f/1 23 24 2625 N 820 w LAVE f ~w50 PA4)It~V i~EA-BAUGH EAS~~vT' S~' t/- W VICTOR RDA T~r~Ti ~ .T ~- . tl G~~' QPR R ~-~'~ S~~-Q~-ti`a` QR°~o~'o LINE LINE DAT BEARING A DISTANCE L1 S 21'34'48" E 12.72' l2 S 88'33'55' W 99.60' L3 N 00'39'43" E 18.30' L4 N 89'20' 17" W 36.29' LS N 00'39'43" E 45.00' l6 S 00'39'43' W 70.00' L7 S 89'20'17" E 36.29' l8 5 00'39'43' W 19.23' _ 15;' -,- N 88`33'85" E ~ ..: - . I - 132.61 ~ ENOWIIG PANT I - i I ~Ew~A~er cavsnPUCnaw I I I EASEd/ENT LuVE ` I I `~ ~5 f I I i +~E~G i ~ i ~~`a~~ ~~R~~ I I ~ SRO I _ I I `~ I ~ -1 I ~ ( ~ .~ ~ ~ ~ _ ~ ~ ~ ~ I ~ ~ I I I 1 CURVE DATA 1 F~ CURVE LENGTH RADIUS DELTA CHORD BRG CHORD C1 51,17 857.22 3.25'i2" S 19'56'55" E 51.16 - -yaw EXISTING WATER - -as ExISnNG SANTARY SEWER yaw PROPOSED WATER ----o---tZ~--- PROPOSED SANITARY SEWER ~~~~~~ MERIDuW CITY PERMANENT SANITARY SEWER ~ WATER EASEA~IENT `~;~rr, ~_`i~_i TEMPORARY CONSTRUCTION EASEMENT /~ - Sc~E ' "-too' _ _ CITY OFMERIDIAN DWG.DATE > t/2s/t 3 SANITARY SEWER & WATER EASEMENTS N~IJVEER/NC PRa. No. 131021 HANSEN PORTION - THE'RIDENBAUGH EASEMENT SOLUT,O~ SHEET MERIDIAN HEIGHTS SANITARY SEWER 1 OF 3 LOCATED IN THE NE 1/4 OF SECTION 25 T.3N., R.1 W., B.M. 1029 N. ROSARIO ST., STE. 100 MERtOuW, IDAHO 83642 131021-EASE DWG bkb MERIDIAN, ADA COUNTY, IDAHO Phone (Y08) 938-0980 Fox (208) 938-0941 . _ Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5CC PROJECT NUMBER: ITEM TITLE: EASEMENT Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (non- Ridenbaugh portion) MEETING NOTES I 4~n~~< ~~ 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 IDAH012I19113 12:02 PM DEPUTY thcky Bailey ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF 11~13511~ Meridian Ciry SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~ c, , 20 1~' between the Merle A. and F. Lavern Hansen Trust, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said ~ pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement andright-of--way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed ~ within the azea described in this easement that was placed there in violation of this easement. Hansen Trust Sanitary Sewer and Water Main Easement-Non-ltidenbaugh HANSEN EASMT S&W.doc ~. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of--way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first herein above written. GRANTOR: The Merle A. and F. Lavern Hansen Trust Dated May 21, 1992 Merle A. Hansen, Trustee STATE OF IDAHO ss. County of Ada ) On this ~ day of , 201 ? ,before me the undersigned, a Notary Public in and for said state, personally appeared Merle A. Hansen, known or identified to me to be the person whose name is subscribed to the within instrument as the Trustee of the Merle A. and F. Lavern Hansen Trust, and acknowledged to me that he executed the same as such Trustee . IN WITNE~S,EREOF, I have hereunto set my and affixe~cial seal the day and year first abad~-ti~;~ •,,• ewe' ~~••eN eee• ~'~' ,! -.'r d SOT AR p •• • ~ : ,k EAZ z ~* e pUBL1G • ~• '•. .: o ,.,,~ q ~C O Tr ~~qA `' NOTARY P~ Residing at: Commission Hansen Trust Sanitary Sewer and Water Main Easement-Non-Ridenbaugh HANSEN EASMT S&W.doc /'~ ,~ GRANTEE: CITY OF MERIDIAN Tammy d ee ayor ?. o~, Attest by cee L. Holman, City Clerk .` c~ry.~f (.~L E IT~I ~t PJ~-- Approved By City Council On: ~~ I"~ AA rr~ p H ~ ~'~ n ~rY7- v Ft7 Q° Fq •~, `<<de TAE~`'~~0. STATE OF IDAHO ) ss County of Ada ) On this ~~ day of tom. he./ , 20 ~, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .••••~• - •'~ZCA ~T~•.. C~~~ ~ ~,N. O ARY PUBLI FOR ID " ` ~ ~ Residing at: r~ ~ Commission Expires: . ~ e • ;~~,9~~BL1G ;S,O: ~1 Hansen Trust Sanitary Sewer and Water Main Easement-Non-Ridenbaugh HANSEN EASMT S&W.doc /"~ December 9, 2013 Des~rjption fo r Meridian Citv Permanen t Sanitary Sewer & Water Easement en H ion ans jThe 'Non-Rider h EasemenYl An easement located in the NE '/. of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" iron pin monument marking the N '/. corner of said Section 25, from which a 5/8" iron pin monument marking the northwest comer of said section bears North 89°20'31" West, 2640.22 feet, thence along the north boundary of said NE Y. South 89°20'17" East, 739.44 feet; thence leaving said north boundary South 00°39'43" West, 45.00 feet; thence South $9°20'17' East, 31.29 feet; thence South 00°39'43" West, 18.30 feet to the POINT OF BEGINNING; Thence continuing South 00°39'43" West, 220.75 feet; Thence South 05°02'42" East, 117.65 feet; Thence South 15°00'15" East, 356.28 feet; Thence South 83°18'06" West, 151.28 feet; Thence South 08°41'54" East, 20.00 feet; Thence North 83°18'06" East, 154.47 feet; Thence South 17°26'35" East, 125.03 feet; Thence South 44°33'08" East, 148.68 feet; Thence South 30°58'59" East, 360.54 feet; Thence South 21 ° 18' 19" East, 27.75 feet; Thence South 09°52'21" East, 2.66 feet; Thence South 89°23'26" East, 49.08 feet; Thence North 61°17'36" East, 53.80 feet; Thence North 0°25'29" East, 3.66 feet; Thence North 89°23'26" West, 55.00 feet; Thence North 30°58'59" West, 4.70 feet; ~` Thence North 89°23'26" West, 8.51 feet; 131021-nonr-hens-perm.docx ./'1 Thence North 21°18'19" West, 13.40 feet; Thence North 30°58'59" West, 368.69 feet; Thence North 44°33'08" West, 143.79 feet; Thence North 17°26'35" West, 120.75 feet; Thence North 15°00'15"w, 365.98 feet; Thence North 05°02'42" West, 112.17 feet; Thence North 00°39'43" East, 220.22 feet; Thence South 88°33'55" West, 40.03 feet to the POINT OF BEGINNING. Said easement containing 59,457 SF (1.37 acres), more or less. ~`oNpl LgN~s ~ ~S E 'P ~ L a 1118 <~~TrF 0 F ~~ ~c,~4? ON W HP 131021-nonr-hens-perm.docx 23 Z4 (BASIS OF BEARINGS 24 ~ q THE RIAENBAUGH EASEMENT ~~ - _ } a ~ /~ mS 8920'17' E--- 26 25 N B9'zo'31' w 2640.22' 25 ~ V IR _ n---~~~T -- -~~ ~~-lr`----~ 1 1 ~ PO1WT OY~' BEG/A41dNG 1 -~ - PERMANENT EASEMENT ~ 59,451 SF t/- i ~ I~ ~ Ivy UNE LJNE DAT BEARING A DISTANCE Lt 5 00'39'43' W 45.00' L2 S 89'20'17" E 31.29' L3 S 00'39'43' W 18.30' L4 S 00'39'43' W 220.75' L5 505'02'42° E 117.65' L6 S 15'00'15' E 356.28' L7 S 83'18'06' W 151.28' L8 S 06'41'54' E 20.00' L9 N 83' 18'06" E 154.47' L10 S 1 T26'35' E 125.03' L11 S 88'33'55' W 40.03' L12 S 44'33'08' E 148.68' L13 5 21'18'19' E ' ' " 27.75' ' L14 S 09 52 21 E 2.66 l15 S 89'23'26' E 49.08 L16 N 61' 17'36" E 53.80 L17 N 89'23'26" W 55.00 U8 N 30'58'59" W 4.70' L19 N 89'23'26" W 8.51' L20 N 21'18'19" W 13.40' l21 N 44'33'08" W 143.79' L22 N 1 T26'35" W 120.75' L23 N 0502'42" W 112.17' L24 N 00'39'43" E 220.22' L25 N 00'25'29" E 3.66' - ~-- - 'us-. - - - - O tft r GEC' QPR ARE 1 >' T ~wp'~ EXISTING WATER EXISTING SANTARY SEWER PROPOSED WATER PROPOSED SANITARY SEWER MERIDIAN CITY PERMANENT SANITARY SEWER do WATER EASEMENT .~ ~~ ~ ~~ ~~_~ L E~ RS QPV~vRE F ~~ GEN p5~~ Q~E QRoo~Lo scALE 1"=200' PERMANENT CITY OF MERIDIAN DWC.DATE 11/25/13 SANITARY SEWER & WATER EASEMENT PROD. ND. 131021 HANSEN PORTION - THE'NON-RIDENBAUGH EASEMENT SHEET MERIDIAN HEIGHTS SANITARY SEWER 3 OF 3 LOCATED IN THE NE 1/4 OF SECTION 25 T.3N., R.1 W., B.M. 131021-EASE.DwG bkb MERIDIAN, ADA COUNTY, IDAHO 1 l _~ - W. VICTORY RD. _ ~_~i , _ , ., _. t 1 ~5 y ~~~G 0' ER~p\~N ~~R~~¢~G'( M ER 0 ` c,~ z s ~ ~* ` ~ ~ ~ iot 1~ t I ~~ ~~ I `. i 1 ~ 1 ~ r - t~ ---1 1 1 1 ---1 t t lug ~ ~~ 4`-- I +1 I ENGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MER104W, IDAHO 83642 Phox (2D8} 938-0980 FaM (206) 938-0941 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5DD PROJECT NUMBER: ITEM TITLE: EASEMENT Temporary Construction Easement, Merle and Lavern Hansen Trust, Grantor 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 Chrisbpher D. Rich AMOUNT .00 i BOISE IDAH012119113 12:02 PM DEPUTY Ycky Bailey (III'III'~'II'I~~I'll'~I'll'I~'I~'ll RECORDED-REQUEST OF i~ Meridian City 113135115 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this I~ day of ~, 20~ between the Merle A. and F. Lavern Hansen Trust, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water and sewer constructionright-of--way across the premises and property hereinafter particulazly bounded and described; and WHEREAS, the water and sewer lines are to be provided for through an underground pipeline to be constructed by others; and NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, /"'1 and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of--way for a temporary construction easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The temporary construction easement hereby granted is for the purpose of construction of water and sewer lines and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire thirty (30) days after the installation of the water and sewer lines and acceptance of said water and sewer lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after the said water and sewer lines have been installed and accepted, CONTRACTOR shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized ~„\ and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Hansen Trust Temporary Construction Easement HANSEN CONST EASMT.doc ~~ IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: The Merle A. and F. Lavern Hansen Trust Dated May 21, 1992 Merle A. Hansen, Trustee 655 W. Victory Road Meridian, ID 83642 STATE OF IDAHO ) ss. County of Ada ) On this ti ~ day of , 201, before me, the undersigned, aNotary Public in and for said state, personally appeared Merle A. Hansen, known or identified to me to be the person whose ~ name is subscribed to the within instrument as the Trustee of the Merle A. and F. Lavern Hansen Trust, and acknowledged to me that he executed the same as such Trustee. IN WITNESS WHE ave he first above written ~~ pTARr (SEAL ..... pCt81•~6' ;~Q' ~~ QF "1 reunto set my hand and affixed my official seal the day and year ~` I NOTARY PU LIC FOR IDAHO Residing at: ~ Commission Expires: / /+"~ Hansen Trust Temporary Construction Easement HANSEN CONST EASMT.doc ~ GRANTEE: CITY OF MERIDIAN Tammy de y/ rd, Mayor c,~¢' so (. ~ `D ~`~~ City of C/ / i EI 1~~ Ji~ ~`~ q~ " IDb1M0 Attest by cee L. Holman, City Clerk `~,. ~'' Pew r~'a °~ re. Txe ~s~~~. Approved By City Council On: 1~ i? ~i3 STATE OF IDAHO, ) ss County of Ada ) On this ~_ day of ~s~ m ~~,r- , 20 ~3 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to ~.,,~ be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. -, GA J~1V • ~, ARY PUBL FO ••.,' • '~ Residing at: e ri CI ~ci v1 1 j, r ~, Commission Ex Tres: 'a• •. f''[.tBy1~'P~: ~~••••~• znT ~n n uvt,,sT~ J Hansen Trust Temporary Construction Easement HANSEN CONST EASMT.doc ~, EXHIBIT A December 9, 2013 Description for Meridian City Temporary Sanitary Sewer & Water Easements Hansen portion The 'Non-Ridenbaugh Easements1 ~`1 Easements located in the NE'/. of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at a 5/8" iron pin monument marking the N '/ corner of said Section 25, from which a 5/8" iron pin monument marking the northwest comer of said section bears North. 89°20'31" West, 2640.22 feet, thence along the north boundary of said NE'/ South 89°20'17" East, 830.73 feet; thence leaving said north boundary South 00°39'43" West, 61.29 feet to the POINT OF BEGINNING; Thence continuing South 00°39'43" West, 219.96 feet; Thence South 05°02'42" East, 109.43 feet; Thence South 15°00'15" East, 363.81 feet; Thence South 17°26'35" East, 115.50 feet; Thence South 44°33'08" East, 141.35 feet; Thence South 30°58'59" East, 3.17 feet; Thence South 00°25'29" West, 28.78 feet; Thence South 30°58'59" East, 365.69 feet; Thence South 89°23'26" East, 10.46 feet; Thence South 61°17'36" West, 2.04 feet; Thence North 89°23'26" West, 17.65 feet; Thence North 21°18'19" West, 18.79 feet; Thence North 30°58'59" West, 368.69 feet; Thence North 44°33'08" West, 143.79 feet; Thence North 17°26'35" West, 120.75 feet; Thence North 15°00'15" West, 365.98 feet; /"\ Thence North 05°02'42" West, 112.17 feet; 131021-nonr-hens-temp.docx ~1 Thence North 00°39'43" East, 220.22 feet; Thence North 88°33'55" East, 20.01 feet to the POINT OF BEGINNING. Easement A containing 21,345 SF (0.49 acres), more or less. And also: EASEMENT B A strip of land 20.00 feet in width, right of and adjacent to the following described easement line: Commencing at a 5/8" iron pin monument marking the N '/. corner of said Section 25, from which a 5/8" iron pin monument marking the northwest. corner of said section bears North 89°20'31" West, 2640.22 feet, thence along the north boundary of said NE'/ South 89°20'17" East, 739.44 feet, thence South 00°39'43" West, 45.00 feet, South 89°20'17" East, 31.29 feet to the BEGINNING POINT of said easement line; Thence South 00°39'43" West, 239.24 feet; Thence South 05°02'42" East, 117.65 feet; Thence South 15°00'15" East, 356.28 feet; ~ Thence South 83°18'06" West, 131.28 feet; Thence South 06°41'54" East, 20..00 feet; Thence North 83°18'06" East, 134.47 feet; Thence South 17°26'35" East, 125.03 feet; Thence South 44°33'08" East, 148.68 feet; Thence South 30°58'59" East, 360.54 feet; Thence South 21°18'19" East, 27.75 feet; Thence South 09°52'21" East, 2..66 feet to the ENDING POINT of this easement line. Easement B containing 33,269 SF {0.76 acres), more or less. And also: EASEMENT C Commencing at a 5/8" iron pin monument marking the N '/ corner of said Section 25, from which a 5/8" iron pin- monument marking the northwest corner of said section bears North 89°20'31" West, 2640.22 feet, thence along the north boundary of said. NE '/< South 89°20'17" ~ East, 1267.63 feet; thence leaving said .north boundary South 00°39'43" West, 1322.59 feet to the POINT OF BEGINNING; 131021-nonr-hens-temp.docx Thence North 61°17'36" East, 61.27 feet; Thence South 89°23'26° East, 3.69 feet; Thence South 00°25'29" West, 26.55 feet; Thence South 61 ° 17'36" West, 7.04 feet; Thence North 89°23'26° West, 51.06 feet to the POINT OF BEGINNING. Easement C containing 903 SF (0.02 acres), more or less. `oNPI LANs 5~~„~TE F ~` O < a 1111$ n °~ CL~ to~ ~3 ~ _ <,2 TF ~ F SOP ~~4 TaN W Np,~ 1.31021-nonr-hens-temp.docx ~. 23 24 (BASIS OF BEARINGS) 24 1/4 s 89'20'17" E---~ ~ 26 25 ~ V _ ~~_~ ~_ ~~°~__.7i9T N 89'20'31' W 2640.22' 25 - ~-- a ~~ BEG/NN/NG PGYNT rE,uPaQARr ccwsnQU~nav ~ EA,SEA/ENT $ UNE- o LINE DAT A 3,269 Sf' t/- I J LINE BEARING DISTANCE l1 S DO'39'43` W 45.00' ~ N L2 S 89'20'17` E 31.29' L3 L4 N 88'33'55" E S 00'39'43" W 20.01' G~L 24' PR ~~ 239 L5 5 0502'42' E Q ~ . 117 65' ~ J~ . S~ F ~ ° ' ' ~P~ S~ 1 Q~~ L7 W 18 06 S 83 ' ` ' O 13 .28 ~ ' ~~' OP L8 41 54 E S 06 ° ' ' 20.00 ~ Q~ ' ~ L9 18 06 E S 83 134.47 L10 S 1T26'35° E 125.03' L11 S 30'58'59° E 3.17' ~ - _ L12 S 44'33'08° E 148.68' _ ' - L13 S 21'18'19" E 27.75' L14 S 09'52'21 ° E 2.66' L15 S 0039'43" W 61.29' L16 S 00'39'43° W 219.96' \ L17 S 05'02'42° E 109.43' L18 S 1 T26'35' E 115.50' f L19 S 4433'08° E 141.35' ~ I, -__ L20 S 00'25'29" W -- 28.78' _ _ - L21 S 89'23'26° E 10.46' '~ /'~ v°il L22 S 61'17'36" W 2.04' °~r"iG 1DC~x, N; L23 N 89'23'26" W 17.65' V'~~~ ~~ ~ I ~'~ x\31 .' ~ ~ ~~ ~.' ~ \`~ o;IV 1' ; ~~ S 89'23'26" E ~~~".6~ ~y6 3.69 v,ja 6~ . :, ~. S U1r25 29 W 26.55' 5106 S 61'17'36° W N 89'23=26` W 7.04' PGYNT OE BEQ'NNING lEA/PA~PARY cGWS1RUCnON EASEMENT 'C' CV M 3 N r .~~~ ~ r /~ ~ 11,"`C ' SJ~~ - - -1 . - W. VICTORY RD_ _ :ca=---- _'~ ~~--= 1267.63' _ eiDE= -T---T--- PA'NT GIB BEI,YNN/NG ' , lEAlPA4ARr cavsnQUCnav zo EASEA/ENT A' 21,345 SF t/i J TA C ONT ) LINE DA . LINE BEARING D ISTANCE , L24 N 21'18'19" W 18.79' ~ L25 N 30'58'59" W 368.69' L26 N 44'33'08" W =~ 143.79' I L27 N 17'26'35" W 120.75' L28 N 15'00'15" W ~ 365.98' L29 N 05'02'42" W 112.17' L30 N 00'39'43" E 220.22' 3 ~~ ~~ ~° \ c, R~C~ I ~\ \~,~ ~\ 903 SF t/- ~ DETAIL ~~ Lll1 N.T.S. `-- .. - - -_-~- _~ LEGEND END/NG PGYNT ~~ - - - -+r*- - - rEMPa4ARr cavsnQU~nav ~ - _; ~J - - EXISTING WATER EAS~'A/ENT $ UNE-~ ~- - - - -~- - - - - EXISTING SANTARY SEWER P PRrvE~ PGYNT A~ BEG/NN/NG PROPOSED WATER '(ERS VRE IEMPU?ARY CGWSTRUCncw ' ' ~ - c UNE I PROPOSED SANITARY SEWER Ro p5E OpMEN~ ~~~ ~ TEMPORARY CONSTRUCTION EASEMENTP O~E~ sCALE 1•=200' TEMPORARY CITY OF MERIDIAN GINEER/NG ' DWG.DATE 12/09/13 SANITARY SEWER & WATER EASEMENTS N ~ PRa. No. 131021 HANSEN PORTION - THE ANON-RIDENBAUGH EASEMENT WER S ~OL~~,vN~ MERIDIAN HEIGHTS SANITARY E SHEET 2 OF 3 LOCATED IN THE NE 1/4 OF SECTION 25 1029 N. ROSARIO ST., STE. 100 T.3N., R.1W., B.M. MERIDIAN, IDAHO 83642 131021-EASE.DWG bkb MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fox (20B) 938-0941 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5EE PROJECT NUMBER: ITEM TITLE: AUTHORIZATION FOR WATER AND SEWER IMPROVEMENTS Authorize the Not-to-Exceed Amount of $83,577.57 to Pay the Ada County Highway District for City Water and Sewer Improvements Constructed by C & A Paving, in Conjunction with the Ustick Road-Locust Grove to Leslie Way and Ustick Road and Locust Grove Road Intersection Projects in Accordance with the Interagency Agreement Approved for this Project MEETING NOTES ~~3 ~.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 ~~i~E IDIAN~- P11bI1C IDAHO Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT -Transportation and Utility Coordinator DATE: December 12, 2013 Mayor Tammy de Weerd eye„ ea~a~ ~~,~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: AUTHORIZE THE NOT TO EXCEED AMOUNT OF $83,577.57 TO PAY THE ADA COUNTY HIGHWAY DISTRICT (ACRD) FOR CITY WATER AND SEWER IMPROVEMENTS CONSTRUCTED, BY C & A PAVING, IN CONJUNCTION WITH THE (ACRD) USTICK ROAD -LOCUST GROVE TO LESLIE WAY AND USTICK ROAD AND LOCUST GROVE ROAD INTERSECTION PROJECTS IN ACCORDANCE WITH THE INTERAGENCY AGREEMENT APPROVED FOR THIS PROJECT I. RECOMMENDED ACTION A. Move to: 1. Authorize the not to exceed amount of $83,577.57 to pay ACRD for City water and sewer improvements constructed, by C & A Paving and subcontractors, in conjunction with the ACRD Ustick -Locust Grove to Leslie Way and Ustick Road and Locust Grove Road Intersection Projects in accordance with the Interagency Agreement approved for this project. 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. Proposed Project This project includes the installation of five new fire hydrants, along Ustick Road, and water and sewer stub extensions to two properties. 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 addition of these fire hydrants will increase the firefighting ability to homes and businesses along Ustick Road. The addition of water and sewer stubs will supply water and sewer services to future developments. C. FiscalIxnpact: Funding Available Sewer Line Extensions .........................................................$10,000.00 Water Line Extensions ......................................................... 73 577.57 Total Project Budget ...............................$83,577.57 Actual Project Cost Meridian Improvements Construction Bid Amount ...............................$66,790.17 ACRD Shared Cost ..................................................................................$2,546.47 Meridian Cost of ACHD Overhead .........................................................$3,339.51 Contingency-15% .................................................................................$10,901.42 Total Construction Cost ..........................$83,577.57 V. LIST OF ATTACHMENTS A. ACHD Bid Results for Utility Improvements from C & A Paving B. Spreadsheet of Actual Cost Breakdown C. Interagency Agreement For. ~adway/Water and Sewer Construction Approved for Council Agenda: Date /L /L / Page 2 of 2 Schedule 3-City of Meridian Utility Improvements RD205-05 510018 Ustick Rd, Locust Grove Rd /Leslie Way Estimate I0307.4.1.G.1.A~ PE P SURFACE RESTORATION -PERMANENT I 36 SY $100.00 $3 600.00 O1 Bidder $38.22 I $1,375.92 02 Bidder $48.80 $1,756.80 03 Bidder $31.00 $1,116.00 04 Bidder] $65.00 $2,340.00 05 Bidder $37.38 $1,345.68 0307.4.1.G.1.B. TYPE P SURFACE RESTORATION -TEMPORARY 100 SY $30.00 $3,000.00 01 Bidder $21.56 $2,156.00 018idder - - - -- 04 Bidder $33.00 ~' $3,300.00 OS Bidder - $41.80 31.15 $4,180.00 _ $3,115.00 03 Bidder 7.40 ,740.00 0401.4.1.A.1.A. 6" PVC, AWWA C900, DR 18, WATER MAIN __ - 119 LF $28.00 $3,332.00 01 Bidden $24.60 i $2,927.40 02 Bidder $24.50 $2,915.50 03 Bidder $7.00 $833.00 0401.4.1.A.1.B. 04 Bidder $25.00 I $2,975.00 II OS Bidder 8" PVC, AWWA C900, DR 18, WATER MAIN $16.04 $1,908.76 ~90 LF ~ $40.00 I $3 600.00 101 Bidder $30.14 $2,712.60 02 Bidder $30.00 $2,700.00 03 Bidden $32.00 $2,880.00 0402.41.A.1.A. 04 Bidder' $31.00 $2,790.00 ii OS Bidder '6" GATE VALVE $25.37 $2,283.30 ~ i EA $1,000.00 $5,000.00 ~ Ol Bidder $958.38 $4,791.90 02 Bidder 04 Bidder) $955.00 $4,775.00 OS Bidder $969.00 $753.42 $4,845.00 $3,767.10 -- 03 Bidder) $960.00 $4,800.00 0402.4.1.A.1.B. 8" GATE VALVE 2 EA $1,400.00 $2,800.00 ~ 01 Bidder $1,163.38 $2,326.76 ~ 01 Bidder $1,200.00 $2,400.00 03 Bidder $1,300.00 $2,600.00 04 Bidder $1,200.00 'i $2,400.00 OS Bidder $1,071.05 ~ $2,142.10 ~ 0403.4.1.A.1. IFIREHYDRANTASSEMBLY I J EA $3,200.00 $16,000.00 01 Bidder i 04 Bidder~$2 880 25 $14,401 25 02 Bidder -- _ $2,700.00 $13,500 00 05 Bidder _ $2,700.00 -- $2,803.39 $13,500.00 $14,016.95 03 Bidder) $2,700.00 $13,500.00 0404.4.1.A.1. 1"0 STANDARD WATER SERVICE CONNECTION 3 EA $1,500.00 $4,500.00 0501.4.1.8.1. Ol Bidder $1,435.00 ! $4,305.00 ~, 02 Bidder 04 Bidder $1,500.00 ' $4,500.00 OS Bidder 8" PVC, ASTM_D3034, SANITARY SEWER PIPE $1,400.00 $1,738.84 $4,200.00 $5,216.52 03 Bidder 38 $1,340.00 $4,020.00 LFT $150.00 $5,700.00 ';0502.4.1.A.1. $30.75 $1,168.50 04 Bidder~~i $31.00 $1,178.00 OS Bidder 48' TYPE A SANITARY SEWER MANHOLE $164.707 - $6,261.26 03 Bidder -- 1 $52.00 I $1,976.00 ~, A $3,800.00 $3,800.00 Ol Bidder $3,500.38 'I $3,500.38 ~~, 01 Bidder) $3,500.00 I $3,500.00 03 Bidder $2,700.00 $2,700.00 0502.4.1.F.1. 04 Bidder $3,450.00 ''; $3,450.00 ' OS Bidder -- (CONNECT TO EXISTING MANHOLE $4,440.32 $4,440.32 ~ 1 EA $1,000.00 ~ $1,000.00 ' 018 d $1,537.50 $1,537.50 02 Bidder 04Bidder $1,600.00 ~ $1,600.00 ~ OSBidder $1,500.00 $1,626.09 $1,500.00 $1,626.09 038idder $1,900.00 $1,900.00 0503.4.1.A.1. i8" T-TYPE CLEANOUT PER MERIDIAN SD-S3 _ - 1 EA $500.00 $500.00 -- - 01 Bidder $830.25 $830.25 02 Bidder __ - - - 04 Bidder $650.00 ' $650.00 OS Bidder - $842.00 - - $542.03 $842.00 542.03 ~ 03 Bidden ___ - - -- $300.00 $300.00 0503.4.1.A.3. 4" SEWER SERVICE CLEANOUT PER MERIDIAN SD-S2 - - ~ I ° EA $500.00 $1,500,00 1 01 Bidden $1,240.25 $3,720.75 02 Bidder $1,200.00 $3,600.00 03 Bidder $250.00 $750.00 04 Bidder' $1,075.00 'I $3,225.00 OS Bidder ------ $325.22 $975.66 0504.4.1.A.1.A. ~4" PVC, ASTM D3034, SEWER SERVICE PIPE 120 LF $50.00 $6,000.00 01 Bidder i~ $32.80 ~ $3,936.00 02 Bidder) 04 Bidder'( $33.00 $3,960 00 OS Bidder - 532.60 $20.16 1 $3,912.00 1 $2,419.20 J 03 Bidderl,~ $3.40 $408.00 0504.4.1.A.1.B. 4" PVC, AWWA C900, DR25, WATER CLASS SEWER SERVICE PIPE 101 _ LF $58.00 $5,858.00 01 Bidder $33.83 $3,416.83 ', 02 Bidder 04 Bidder $34.00 ~~ $3,434.00 105 Bidder $33.70 $23.85 $3,403.70 $2,408.85 . 03 Bidder $5.00 $505.00 0504.4.1.D.1. i4" SEWER SERVICE CONNECTION 2 EA $500.00 $1,000.00 OlBidderi $820.00 $1,640.00 02 Bidder $816.00 $1,632.00 03Bidde~ $850.00 ~ $1,700.00 04Bidder $850.00 $1,700.00 OS Bidder $758.84 $1,517.68 2030.4.1.C.1. ADJUST EXISTING VALVE BOX TO GRADE - 11 - EA $400.00 $4,400.00 04 Bidder $220.50 $2,425.50 OS Bidder $460.0702 $5,066.92 03 Bidder' $250.00 $2,750.00 SP-M03001.A. 2" (IPS) HDPE, PE3408/4710, DR11, WATER SERVICE PIPE SLEEVE 50 LF $36.00 $1,800.00 11/15/2013 01 Bidder] $5.13 $256.50 02 Bidder 04 Bidder' $5.25 $262.50 j OS Bidder CT214-05 $5.10 $255.00 $6.50 $325.00 -Ustick and Locust Grove 03 Bidder $4.00 $200.00 Page 9 -M03001.6. ~' PVC, AWWA C900, DR25, WATER CLASS SEWER SERVICE PIPE SLEEVE 57 LF $40.00$2,280.00 i Ol Bidder% $11.28 i $642.96 02 Bidder $11.20 $638.40 03 Bidder $18.00 $1,026.00 04 Bidder $12.00 $684.00 OS Bidder $15.18 $865.26 SP-M04002 HOT TAP EXISTING WATER MAIN _ =6~A $2,400.00 $14,400.0 01 Bidder $1845.00 $11,070 00 _ 02 Bidder $1,800.00 _ ~ $10,800.00 03 Bidder $1,970.00 I $11,820.00 ~ 04 Bidder $1,850.00 $11,100.00 - OSBidder $1,652.11 -- - ' $9,912.66 SP-M04004 LOW-OFF ASSEMBLY PER MERIDIAN SD-W19 ~2 E~2 000 00 I $4 000 00 01 Bidder $2,470.25 $4,940.50 02 Bidder $2,200.00 $4,400.00 03 Bidder $1,300.00 $2,600.00 04 Bidder $2,700.00 $5,400.00 ', OS Bidder $1,323.64 $2,647.28 SP-M04007 ABANDO - N EXISTING WATER MAIN ~ 1 EA $1600 001 600 00 Ol Brdder $3,075.00 ! $3,075.00 ~ _ 02 Bidder $3,100.00 { $3,100.00 03 Bidder $315.00 ~ $315.00 ~i i 04 Bidder $3,100.00 $3,100.00 ~i OS Bidder $1,073.22 _ $1,073.22 SP-M04015~ADJUST EXISTING WATER MAIN AT NEW PIPE CROSSING ~ 2 ~ E~$3 600 00 i $7 200 00 01 Bidder $1,609.25 $3,218 50 _- - 02 Bidder $1,600.00 $3,200.00 03 Bidder $3,000.00 I $6,000.00 104 Bidder $1,600.00 $3,200 00 -- -- ' OS Bidder $2,168.12 i $4,336.24 SP M04022 1"0 WATER SERVICE LINE __ _ _ _ _ ~ 36 LF $30.00 $1,080.00 Ol Bidder $21.35 ~ $768.60 02 Bidder $21.30 $766.80 03 Bidder $0.50 $18.00 048idder', $22.00 $792.00 OSBidder $32.52 $1,170.72 Estimate $103,950.00 -- - - i01 Bidder] $81,086.85 02 Bidde~ $82,578. - 00 ' 03 Bidder $66,457.00 04 Bidder $82,741,0 05 Bidder _ _ -- - $79,384. --- 80 Estimate $2,834,492.25 - ~ C ontract Totals 01 Bidder C & A Paving Co. - -- - Schedule 1-Ustick & Locust Grove Intersection - $691,649.31 Schedule 2-Ustick, Locus4 Grove to Leslie Way $1,940,292.80 Schedule 3-City of Meridian Utility Improvements $81,086.85 $2,713,028.98 02 Bidder Central Paving Schedule 1-Ustick & Locust Grove Intersection $711,371.23 Schedule 2-Ustick, Locust Grove to Leslie Way $2,104,909.90 Schedule 3-City of Meridian Utility Improvements - $82,576.00 $2,898,857.13 03 Bidder Knife River Schedule 1-Ustick 8 Locust Grove Intersection $714,258.25 Schedule 2-Ustick, Locust Grove to Leslie Way $2,240,724.40 Schedule 3-City of Meridian Utility Improvements $66,457.00 $3,021,439.65 04 Bidder Idaho Sand & Gravel Schedule 1-Ustick & Locust Grove Intersection $797,779.00 Schedule 2-Ustick, Locust Grove to Leslie Way $2,180,383.85 Schedule 3-City of Meridian Utility Improvements ' $82,741.00 $3,060,903.85 05 Bidder Nampa Paving Schedule 1-Ustick & Locust Grove Intersection $773,712.65 Schedule 2-Ustick, Locust Grove to Leslie Way ~ $2,220,551.13 Schedule 3-City of Meridian Utility Improvements $79,384.80 $3,073,648.58 ~$14,757,878.17J 11/15/2013 CT214-05 -Ustick and Locust Grove Page 10 L d N .a C l0 L t0 3 3 a~ .N J 0 0 C7 ti 3 v J f0 0 O ~ ~ ~ 0 0 N O O ~ ~ ~ ~ ~ ~ ~ M M O ~ ~ N ~ ~ dN4 dN3 d~9 ~ ~ ~ ~ 6M9 N CO O 00 1t) Ln O O to N 0 CO M N N O O N ~ M 0 0 C N N ~ 0 0 ~ ~ ~ 0 ~ d 69 b9 EA O 00 N O (O EA N 6R ~ M ~ ER fA EA EA O O O O O O O O O O O O O O O O O O O O O O N O O O O O O N O O M O O ~ 0 0 N M ~.+ ~ O ~ ( 0 ( 0 t M d4 M ER tp f 9 (p ~ [~ A r f~ O , ~ f EA d~ ~ O O O O O O O O O O O O O O O O O O ~= O O 0 0 0 0 0 0 0 C O M N 0 0 0 0 0 0 Q a ~ EA (f? 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Q N Z > > w a > ~ O ~ cn a a cn ... a 0 0 ~ U ~ ~ ~ ~ CV (O ~ H (0 ~ f0 ~ ~ Q ~ ll. M Q ~ Q `_ Q S ~ O 0 O 0 N 0 •- ~ ~ r r r 0 0 ~1' N M ~f' ~ ~ ~ ~ ~ fA d ~+ a D 2 V Q ~A 1~ 00 N 1~ 00 r O ~ ~ 10 O ~ ~ A 00 O~ Gp O P O 1~ t0 O N r ~O to _O M ~ ~ ~ ~ t ~ N V ~ U ~ ~ fA N '+C-. d ~ N c ~O °acjU a 0 ~ U ~ o Q w .~ d ~ INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION INTERSECTION USTICK ROAD AND LOCUST GROVE ROAD, AND USTICK ROAD, LOCUST GROVE ROAD TO LESLIE WAY ACHD PROJECT NOS. 310017 and 510018 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this ~~ day of ~.ove.rn~e.~ , 2013, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of fdaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project nos. 310017 and 510018. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as INTERSECTION USTICK ROAD AND LOCUST GROVE ROAD, AND USTICK ROAD, LOCUST GROVE ROAD TO LESLIE WAY ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer stubs and or services, adjusting water valve boxes and manholes to grade, and correcting potable / non- potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project nos. 310017 and 510018, to be constructed pursuant to aseparately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries with the exception of water and sewer services constructed to serve the properties at 1370 E Ustick Road and 2425 E Ustick Road; Page 1 of 8 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and .Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERDIAN will have the right to work directly with the Contractor to resolve any claims relating in .any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERDIAIN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT .payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN's concurrence regarding MERIDIAN's portion of the CONTRACT, together with an invoice for MERIDIAN's share of the construction CONTRACT costs earned by and to be paid to the Contractor. Page 2 of 8 h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs., in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed anal adjusted under the CONTRACT and provide copies of :appropriate tests -and construction diaries to the District Project .Representative as designated by DISTRICT. b. Provide DISTRICT with the special .provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five .percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Page 3 of 8 Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the p~rcen#age of MERID~'s prc+~t tests as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the CITY Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERDIAIN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. Page 4 of 8 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by :MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either ;party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and. inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of,this Agreement shall be determined in accordance with the laws of the State of Idaho. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the. parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any Page 5 of 8 representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to-the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or .limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in .this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the Gity Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. Page 6 of 8 ATTEST: ADA COUNTY HIGHWAY DISTRICT By: ~~ - _..-- ~ By. . Baker Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN ,~~.=-«.~UU~ By: ~ 'ry Jaycee Holman ~'~` csty ~{ Tammy eerd , City Clerk ~'~`~ ~'~`4``~' ~'~~` Ma or r ~~,~.. ~, REF Q~,y STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~ day of ~ ~G ~~ ~ 2013 before me the undersigned, personally appeared SARA M. BAKER and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, day and year first above written. 3r~'~`y t-RY w '~ . ~ ~O ~~ P~ ,q~: ~' °- STATE OF IDAHO ) ss. COUNTY OF ADA ) have hereunto set my hand and affixed my official seal the /'- Notary Publie' Idaho Residing at Q~ My commission expires; _, Idaho U~~~ ~D/ Page 7 of 8 ,~ w _c On this day of ~ yP ~~ 2.013, before me, the undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. y~srss• .!~~'~C A `l d~r'• • * i7 a ~ ~ 1 ~ ~ • • t a • i w ~ ~ t a • '~, i ~ Nof ry Public for Idaho • ;~; }'UBL'~GP.~a• Residing at ~~,~~ d ~ ~~_, Idaho ~'i ~'~' C7F I~•' My commission expires: J~ ~ z(, ~~ ~0l~i'~~ Page 8 of 8 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5FF PROJECT NUMBER: ITEM TITLE: WWTP MAINTENANCE FACILITY CONSTRUCTION Approval of Agreement for "WWTP Maintenance Facility Construction Management Services" to Beniton Construction for the Not-To-Exceed amount of $90,815.00 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, David Allison Date: 12/12/13 Re: December 17"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17"' City Council Consent Agenda for Council's consideration. Approval of Award of Agreement to Beniton Construction Inc. for the "WWTP Maintenance Facility Constnaction Management Services" aroject for aNot-To- Exceed amount of $90,815.00. Recommended Council Action: Approval of Award of Agreement to Beniton Construction for the Not-To-Exceed amount of $90,815.00. Thank you for your consideration. • Page 1 0 AI Document B132° - 2009 Sfandard Form of Agreement Befween Owner and Architect, Consfrucfion Manager as Adviser Edifion AGREEMENT made as of the 5 day of November in the year 2013 (In words, indicate day, month and year.) ..BETWEEN the Architect's client identified as the Owner: (Name, legal. status, address and other information) City of Meridian 33 East Broadway Ave. :Meridian, ID $3642 208-898-5500 and the'Architect: (Name, legal status, address and other information) ~`\ CTA, Ina 1185 Grove St. Bojse, ]D 83702 208-336-4900 for the following Project: (Name, location and detailed description) Maintenance Facility at the Waste Water Treatment Plant 3401 North Ten Mile Rd. Meridian, 1D 83642 The Construction Manager: (Name, legal status, address and other information) Beniton Construction, Ina 366 SW 5~' Ave. Suite 104 Meridian, ID 83642 208-884-0027 The Owner and Architect;agree as follows. ~~ ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also. have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the ortginai AIA text. This document has important legal consequences. Consultation with an attorney is encouraged wlth respect to its completion or mod cation. This document is intended to be used in conjunction with AIA Documents A132TM-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and C132TM-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232TM'-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document 8132TM - 2008 (formerly 8141 TMCMa -1892). Copyright ®1992 and 2009 by The American Instil of Architects. All rights reserved. I~tt' WARNING: This AIA° Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. 1 This document was producxd by AIA software at 16:12:35 on 12109/2013 under Order No.1089044637 1 which e~iros on 12/18/2013, and is not for roasts. User Notes: (1701656429) TABLE OF ARTICLES '" 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES '9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE <1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution" or "to be determined later by mutual agreement.') § `1.1.1 The Owner's program for the Project: (Identify. documentation or state the manner in which the program will be developed) See attachment A. § 1.1.2 The Prpject's physical characteristics: (Ident~ or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability ofpublic andprivate utilities and services; egal description of the site; etc.) See attachment B. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total: and, if known, a line item breakdown.) Construction badge of+/- $1.5 million has been established for this project. § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: .2 Commencement of construction: ~~ ~ Construction start of October 2014. AIA Document B132TM - 2008 (formerly 8141 TMCMa -1882). Copyright m 1992 and 2009 by The American Institute of Arohitacfs. All rights reserved. lh~' WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Z Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 18:12:35 on 12/09/2013 under Order No.1089044837 1 which e~ires on 12!19/2013, and is not for resale. User Notea: (1701656428) /"~ .3 Substantial Completion date or milestone dates: .4 Other: § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Multiple Prime Contractors are used the term "Contractor" as referred to throughout this Agreement will be as if plural in ~rumber.) [ J One Contractor [ X J Multiple Prime Contractors [ J Unknown at time of execution § 1.1.6 The Owner's,requirements for accelerated or fast-track scheduling, multiple bid packages, or phased .construction are set forth below: "(List number and type of bidlprocurementpackagw.) Construction Manager wi Il issue. multiple bid packages. The Construction Manager is responsible for breaking out bid packages from a singleset of construction documents. § 1.1.7 Other Project information: (Identify especial characteristics or needs of the Project not provided elsewhere, such as errvironmentallyrwponsible design or historic preservation.requirements.) I It is understood that this project will be Concrete Masonry Unit bearing structure and match existing campus aesthetics. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: .(List name, address and other information) David Allison 33 East Broadway Ave. Meridian, ID $3642 208-898-5500 1 Email Address: daliison@meridiancity.org § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to e Owner are as follows: (List name, address and other information) § 1.1.10 The Owner will retain the following consultants: (List name, legal status, address and other information) ,1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention: .? Cost Consultant (if in addition to the Construction Manager): (If a Cost Consultant is retained appropriate references to the Cost Consultant should be inserted in Sections3.2.6,3.2.7,3.3.2,3.3.3,3.4.5,3.4.6,5.4,6.3,6.3.1,6.4and11.6.) ~, .3 Land Surveyor: loll. AIA Docunwnt B132TM - 2008 (formerly 8141 ^'CMa -1882). CopyriBM O 1892 and 2008 by The American Inadtute of Architects. Ail rights -eserved. WARNING: This AIA° Document is protected by U.B. Copyright Law and Internat(onal Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:12:35 on 12/08/2013 under Orcler No.1089044837 1 which expires on 12h 8/2013, and is not for resale. User Notes: (1701856429) ~~ .4 Geotechnical Engineer: Strata, Inc. Dan Gato 8653 West Hackamore Drive Boise, ID 83709 .5 Civil Engineer: .6 Other consultants: (List any other consultants retained by the Owner, such as a Project or Program Manager, or "° scheduling consultant.) § 1.1.11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other it formation.) Brock Martinson, Architect Jason Sutler, AIA CTA, Inc. 1185 Grave St. :Boise, ID 83702 208-336-4900 § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2: (List name, legal status, address and other information) § 1.1.12.1 .Consultants retained under Basic Services: :1 Structural Engineer: CTA, Inca 1185 Grove St. Boise, ID 83702 .2 Mechanical Engineer: CTA, Ina 1185 Grove St. Boise, ID 83702 .3 Electrical Engineer: CTA, Inc. 1185 Grove St. 'Boise, ID 83702 § .1.1.12.2 Consultants retained under Additional Services: Civil Engineering -Unknown at time of agreement. § 1,1.13 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the ~.1 schedule, the Architect's services and the Architect's compensation. lelt AIA Document 61320 - 2009 (formerly 6141 "'CMa -1882). Copyright O 1982 and 2009 by The American Mafitute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 4 Document, or any portion of It, may resuR In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA software at 16:12:35 on 12/09/2013 under Order No.1089044837_1 which expires on 12/19/2013, and fs not for resale. User Notes: (1701858429) ~ ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 TTIe Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 2.3 The Architect shitll provide its services in conjunction with the services of a Construction Manager as described in AIA Document C132TM--2009, Standard Form of Agreement Between Owner and Construction Manager. The Architect shall not be responsible for actions taken by the Construction Manager. § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set`forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost. 2.6.1 Comprehensive General Liability with policy limits of not less than $2,000,000.00 plus $10,000,000.00 Umbrella for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not ~\ `less than. $1,000,000.00 plus $10,000,000.00 Umbrella combined single limit and aggregate for bodily injury and property"':damage. § 2.6.3 The Architect may: use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers': Compensation at statutory limits and Employers Liability with a policy limit of not less than $1,000,000.00 § 2.6.5 Professional Liability covering the Architect's negligent acts, errors and omissions in its performance of professional services with policy limits of not less than $5,000,000.00 per claim, $10,000,000.00 aggregate per claim >and in the aggregate. § 2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Construction Manager, research applicable design criteria, attend Project meetings, communicate with members ofhe Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner, the Construction Manager and the Owner's other consultants. The Architect shall be entitled to rely on the accuracy and completeness ~^~ of services and information furnished by the Owner, the Construction Manager, and the Owner's other consultants. AIA Document 8132TM - 2008 (formerly 8141 TMCINa -1892). Copyright O 1992 and 2008 by The American Institute of Architects. All rights reserved. init. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may resuR in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. f Thia document was produced by AIA software at 18:12:35 on 12/08/2013 under Order No.1089044637 1 which e~ires on 12M 9/2013, and is not for resale. User Notes: (1701658429) /~ The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule prepared by the Construction Manager. The schedule ofee Archited's services shall include design milestone dates, anticipated dates when cost estimates or design reviews may occur, and allowances for periods oftime required (1) for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the Owner's consultants, and (4) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shat l submit information to the Construction Manager and participate in developing and revising the Project schedule as it relates to the Architect's services. § 3.1.5 Once the Owner and the Architect agree to the time limits established by the Project schedule, the Owner and the Architect shall not exceed them, except for reasonable cause. '§ 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non-conforming,Work, made without the Architect's approval. § 3.1.7;The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility .for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 33 Schematic ..Design Phase Services ~, § 3.2.1 The Architect shall review the program and other information furnished by the Owner and Construction .Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shalt prepare a preliminary evaluation ofe Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss. with the'Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the :Owner regarding the requirements of the Project. § 33.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present to the ,Owner and Construction Manage, for the Owner's approval, a preliminary design illustrating the scale and relationship. ofhe Project components. § 3.2.5 Based on .the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; anal may include some combination ofstudy models, perspective sketches, or digital modeling. :Preliminary selections of major building systems and construction materials shall be noted on the drawings or - described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is ~.+~ consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. .un vwq~mnc o~ ac •- - ~uvs trormeny 8747 "GMs -1882). Copyright O 1992 and 2009 by The American Institute of Architects. All fights reserved. -- Init. WARNING: This AIA° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 6 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA soitwaro at 16:12:35 on 12/09/2013 under Order No.1089044837 1 which expires on 12/19/2013, and is not for resale. User Notes: (1701656428) /'\ § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost ofthe Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Schematic Design Documents. § 3.2.7 Upon receipt ofthe Construction Manager's review comments and cost. estimate at the conclusion ofthe Schematic Design Phase, the Architect shall take action as required under Section 6.4, identify agreed upon adjustments to the Project's size, quality or budget, and request the Owner's approval ofthe Schematic Design Documents: If revisions to the Schematic Design Documents are required to comply with the Owner's budget for the Cost ofthe Work at the conclusion ofthe Schematic Design Phase, the Architect shall incorporate the required revisions in the Design Development Phase. § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates ofthe Cost ofthe Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.3 Design .Development Phase Services § , 3.3.1 Based on the Owner's, approval ofthe Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost ofthe Work pursuant to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the Construction Manager's review. The Design Development Documents shall be based upon information provided, and estimates prepared by, the Construction Manager and shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character ofthe Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion ofthe Design Development Phase, the Architect shall submit the Design Development Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to 'review the Design Development Documents. § 3.3.3 Upon receipt ofthe Construction Manager's information and estimate at the conclusion ofthe Design Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's approval ofthe Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project.. requirements and the budget for the Cost ofthe Work, the Architect shall prepare Construction Documents for the Owner's approval and the Construction Manager's review. The Construction Documents shall illustrate and describe the further development ofthe approved Design Development Documents and shat l consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction ofthe Work. The Owner and Architect acknowledge that in order to construct the `Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental 'authorities having jurisdiction over the Project. § 3.4.3 During the development ofthe Construction Documents, if requested by the Owner, the Architect shall assist the Owner and the Construction Manager in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form ~'1 of agreement between the Owner and Contractor; and (3) the Conditions ofthe Contract for Construction (General, AIA Document 6132TM - 2009 (formerly 8741 TMCMa -1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of It, may result in severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This dowment was produced by AIA software at 16:12:35 on 12/09/2013 under Order No.1089044837 1 which expires on 12/19/2013, and is not for resale. User Notes: (1701656429) /"1 Supplementary and other Conditions); and (4) compile a project manual that includes the Conditions ofthe Contract for Construction and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion ofthe Construction Documents Phase, the Architect shall submit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt ofthe Construction Manager's information and estimate at the conclusion ofthe Construction Documents Phase, the Architect shall take action as required under Section 6.7 and request the Owner's approval of the Construction Documents. §`3.5 Bidding or Negotiation Phase Services § .3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of prospective contractors. Following the Owner's approval ofthe Construction Documents, the Architect shall assist the Owner and .Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or .proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contracts for construction. § 3.5.2 Gompetjtive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Project by .1 facilitating the reproduction of Bidding Documents for distribution to prospective bidders, .2 participating in a pre-bid conference for prospective bidders, and .3 preparing responses to questions from prospective bidders and providing clazifications and interpretations ofthe Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall consult with. the Construction Manager and prepare and distribute addenda identifying approved substitutions to all prospective bidders... ~ (Paragraphsdeleted) § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration ofthe Contract between the Owner and the Contractor as set forth below and in AIA Document A232T"~2009, General Conditions ofthe Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232 2009, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The: Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement,. The Architect shall not have control over, chazge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perfoim the Work in accordance with the requirements ofthe Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shat l not have control over or charge of, and shall not be responsible for, acts or omissions ofthe Construction Manager, ~ the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3. Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award ofthe Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. ; § 3.6.2 Evaluations of the Work /'~ § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiaz with the progress and quality ofthe portion ofthe Work completed, and AIA Document B732TM - 2009 (formerly 8141 TMCMa -1992). Copyright O 1992 and 2009 by The American Institute of Architects. All rights reserved. Intt. WARNING: This AIAe Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe $ Document, or any portion of it, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ~ This document was produced by AIA software at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which e~iros on 12H 9/2013, and is not for resale. User Notes: (1701656428) ~'\. to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed„ will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive orcontinuous on-site inspections to check the quality or quantity ofthe Work. On the basis ofthe site visits, the Architect shall keep the Owner reasonably informed about the progress and quality ofthe portion ofthe Work completed, and report to the Owner and the Construction Manager (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it necessary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction Manager, shall have the authority to require inspection or testing ofthe Work in accordance with the provisions of the Contract Documents, whether or nonsuch Work is fabricated, installed or completed. However, neither this authority ofthe Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architectto the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other parsons or entifies performing portions ofthe Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on writtett request ofthe Construction Manager, Owner, or Contractor through the Construction Manager. The Architect's response to such requests shall be made in writing within any time limits agreed upon a otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When malting such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, artd shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters,relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. ~~ § 3.6.2.5 Jntess the Owner anal Contractor designateanother person to save as an Initial Decision Makes, as that term is defined in AIA'Document A232 2009, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in theContract Documents. .3.6.3 Certificates for. Payment to Contractor 3.6.3.1 3'he Architect shall review and certify an application for payment not more frequently than monthly. Within seven days after the Architect receives an application for payment forwarded from the Construction Manager, the Architect shall review and certify the application as follows: ,1 Where these are Multiple Prime Contractors responsible for performing different portions ofthe Project, the Architect shalt review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manages has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect's certification for payment shall constitute a representation to the Owner, based on (1) the Architect's evaluation ofthe Work as provided in Section 3.6.2, (2) the data comprising the Contractor's Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation ofthe Construction Manager, that, to the best ofthe Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality ofthe Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation ofthe Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity ofthe Work, (2) reviewed construction means, methods, techniques, sequences or procures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate ,~ the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account ofthe Contract Sum. AIA Document 6132*" - 2008 (fortneriy 8141 TMCMa -1882). Copyright ®1882 and 2008 by The American Institute of Architects. NI rights reserved. l~h' WARNING: This AIA° Document is protected by U.s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 9 Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ) This document was produced by AIA software at 16:12:35 on 12/08/2013 under Order No.1088044637_1 which e~ires on 12/19/2013, and is not for resale. User Notes: (1701656428) ~~ § 3.6.3.4 The Architect shall maintain a record ofthe applications and certificates for payment § 3.6.4Submittals § 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals transmitted by the Construction Manager shall, be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. §'3.6.4.2 In accordance with the Architect-approved Project submittal schedule, and after the Construction Manager reviews, approves and transmits the submittals, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. .Review of such `submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear: such professional's seal and signature when submitted to the Architect The Architect shall be entitled to rely .upon the adequacy, accuracy and completeness ofthe services, certifications and approvals performed or provided by such design professionals. .~ § 3.6.4.4 After receipt ofthe Construction Manager's recommendations, and subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect, in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the pecific Drawings or Specifications in need of clarification and the nature ofthe clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness: If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals transmitted by the Construction Manager in accordance with the requirements ofthe Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change Orders and Construction Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. §'''3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with the intent ofthe Contract Documents and do not involve an adjustment in the Contract Sum or an extension ofthe Contract Time. Such changes shall be effected by written order issued by the Architect through the Construction Manager. § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. /'~\ '§ 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion prepared by the Construction Manager; receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for i01t. AIA Document 81320 - 2009 (formerly 8141 "'CMa -1882). Copyright O 1882 and 2009 by The American InstiUrte of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemationai Treaties. Unauthorized reproduction or distribution of this AIA° ~ 0 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / Thia document was produced by AIA software at 18:12:35 on 12/09/2013 under Order No.1088044837 1 which expires on 12/19/2013, and is not for resale. User Nobs: (1701858429) ~~. Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction Manager to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Construction Manager and Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete by the Construction Manager and Architect, and after certification by the Construction Manager and the Architect, the Architect shall inform the Owner about the balance of the' Contract'Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion. or correction of the Work. § 3.6.6.4 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whetherthe service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) /~ Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identi ed below .4.1.1, Pro min B202T"~2009 Not Provided 4.1.2 Multi le elimin desi s Not Provided 4.1.3 Measured drawin s' Not Provided 4.1.4 Existin facilities surve Not Provided 4.1.5 Site evaluation and Tannin ` 203T"t-200 Not Provided 4.1.6 Buildin Information Modelin 202T"~-2008 Not Provided _4.1.7 -Civil en ' eerin Architect Section 4.2 4.1.8 Landsca a desi Not Provided 4.1.9 Architectural interior desi B252T"t-200 Not Provided 4.1.10 Value anal sis B204T"1--2007 Owner C 4.1.11'Detailed cost estimatin Owner C 4.1.12 On-site ro'ect re resentation 207TH 2008 Owner C 4.1:13 Conformed construction documents Not Provided 4.1.14 As-desi ed record drawin s Not Provided 4.1.15 As-constructed record drawin s Not Provided 4.1.16 Post occu an evaluation Not Provided 4.1.17 Facili `"su rt services 210T''~2007 Not Provided .4.1.16 Tenant-related services Not Provided 4.1.19 Coordination of Owner's consultants Not Provided 4.1.20 Telecommunications/data desi Owner 4.1.21 Securi evaluation and Tannin 206T'"-2007 Not Provided 4.1.22'Commssionin 211T"'-2007 Not Provided 4.1.23 Extensive environmental) res onsible desi Not Provided 4.1.24'LEBD certification B214TM-2012 Not Provided 4.1.25 Historic reservation 205T"~-2007 Not Provided § 4.1.26 Furniture, furnishings, and equipment design B253T"'-200 Not Provided AIA Document 6132TM -2008 (formerly 8141 TMCMa -1992). Copyright O 1882 and 2009 by The American Institute of Architects. All rights reserved. IniL WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 11 Document, or any portion of it, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t Thls document was produced by AIA software at 18:12:35 on 12/09/2013 under Order No.1089044637_1 which expiros on 12!18/2013, and is not for resale. User Notes: (1701856429) ~~ § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further `described in an exhibit attac~ted to this document. Civi I Engineering to include design of grading, drainage, and sub-swface utilities -included in basic services fee in I .Section 1.1.1 § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault ofthe Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pwsuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4,3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: `.1 Services necessitated by a change in the Initial Information, previous instructions or recommendations .given by the Construction Manager or the Owner, or approvals given by the Owner, err a material change in the Project including, but not limited to, size, quality, complexity, building systems, the Owner's schedule or budget for Cost ofthe Work, constructabilityconsiderertions, procwement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 `Making revisions in Drawings, Specifications, or other documents (as required pwsuant to Section 6.7), when such revisions aze required because the Construction Manager's estimate ofthe Cost ofthe Work exceeds the Owner's budget, except where such excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds and quality of materials, finishes or equipment; .3 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .4 Changing br editing previously prepazed Instruments of Service necessitated by the enactrrtent or revision of codes, laws or regulations or official interpretations; .5 Services. necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner or any other failure of performance on the part ofthe Owner, Construction Manages or the Owner's other consultants or contractors; ,6 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner .authorized recipients; J Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or heazing; .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .10 Evaluation ofthe qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause dwing wnstruction; or ,12 Assistance to the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with,reasonableprornptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the initial Project submittal schedule agreed to by the Architect; ,2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and compazison ofthe Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; ~"~ .3 Preparing Change Orders, and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the prepazation or revision of Instruments of Service; .~.. vvcum°nc of ss •^ -suua trortneny 8747 "'CINa -1992). Copyright m 1992 and 2009 by The American Institute of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° ~ 2 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA soflwaro at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which expires on 12/18/2013, and is not for resale. Ussr Nobs: (1701856429) ~\ ~ .4 Evaluating any Claims as the Initial Decision Makes; .5 Evaluating substitutions proposed by the Owner, Construction Manager or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion ofthe Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § d.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 ONE (1) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 EIGHT (8) visits to the site by the Architect over the duration ofthe Project during construction .3 :TWO { 2) inspections for any portion ofthe Work to determine whether suet portion ofthe Work is substantially complete in accordance with the requirements ofthe Contract Documents '.4 TWO (2) inspections for any portion ofthe Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within EIGHTEEN (18) months ofthe date of this Agreement, through no fault ofthe Architect, extension ofthe Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S:RESPONSIBILITIES 5.1 Unless otherwise provided'for under this Agreement, the Owner shall provide information in a timely manna regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt ofa written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. ~ § 5.2 The Owner shall retain a Construction Manages to provide services, duties and responsibilities as described in AIA Document C 132-2009, Standard Form of Agreement Between Owner and Construction Manages. The Owner shall provide the Architect a copy ofthe executed agreement between the Owner and the Construction Manages, and ..any further modifications to the agreement. § 5.3 The Owner shall furnish the services of a Construction Manages that shall be responsible for creating the overall Project schedule. The Owner shall adjust the Project schedule, ifnecessary, as the Project proceeds. § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost ofthe Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services of a Construction Manages that shall be responsible for preparing all estimates ofthe Cost ofthe Work. If the Owner significantly increases or decreases the Owner's budget for the .Cost ofthe Work, the Owner shall notify the Architect and the Construction Manages. The Owner and the Architect, in consultation with the Construction Manages, shall thereafter agree to a corresponding change in the budget for the Cost ofthe Work or in the Project's scope and quality. 5.4.1 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries .with it associated risks.-Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction Documents, and costs for the Contractor to remove and replace previously installed Work. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient :contingencies to `cover such costs. 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress ofthe Architect's services. /""~ § 5.6 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site ofthe Project, and a written legal description of the site. The surveys and legal information shall include, as AIA Document 8132TM - 2009 (fom»rty 8141 T"CMa -1982). Copyright O 1992 and 2009 by The American Instih~ of Architects. All rights reserved. Init. WARNING: This AIA° Document is protected by U.3. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA° 1 Document, or any portion of it, may result in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible under the law. ' ~ This document was produced by AIA software at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which axpiros on 12/19/2013, and is not for resale. User Notes: (1701656429) ~~ applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours ofthe site; locations, dimensions and necessary data with respect to existin buildin and trees; and information concerning available utility services and lines, both publio and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7-The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall famish copies ofthe scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall famish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope ofthe Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services .provided. § 5.9 The Owner shah furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that maybe reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provideprompt written notice to the Architect and Construction Manager if the Owner becomes .aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy ofthe executed agreement between the Owner and Contractor, including the General Conditions ofthe Contract for Construction. § 5.14. The'Owner shall provide the Architect access to the Project site prior to commencement ofthe Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § ' 6.1 For purposes of this Agreement, the Cost ofthe Work shall be the total cost to the Owner to construct all elements of the Project :designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost ofthe Work includes the wmpensation ofthe Construction Manager and Construction Manager's consultants during the Construction Phase only, including compensation for reimbursable expenses; at the job site, if any. The Cost ofthe Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost ofthe Work is provided in Initial Information, and maybe adjusted throughout the Project as required under Sections 5.4 and 6.4. Evaluations ofthe Owner's budget for the Cost ofthe Work represent the Architect's judgment as a design professional. ~, i~lt. AIA Document B132~ - 2009 (formerly 8741 "'CMa -1992). Copyright O 1992 and 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° 14 Document, or any portion of it, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underthe law. / This document was produced by AIA software at 18:12:35 on 12/09/2013 under Order No.1089044837 1 which e~ires on 12/1812013, and is not fa resale. User Notes: (1701656429) /"'\ § 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in estimates ofthe Cost ofthe Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates ofthe Cost ofthe Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Arc~titect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompletertess in preparing cost estimates. The Architect may review the Construction Manager's estimates solely for the Architect's guidance in completion of its services, however, the Architect shall report to the Owner any material inaccuracies and inconsistencies noted during any such review. § 6.3.1 Ifthe Architect is providing detailed cost estimating services as an Additions) Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion ofthe Design Development Phase, the Construction Manager's estimate ofthe Cost of the Work exceeds the Owner's budget for the Cost ofthe Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations totheOwner toadjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. 6.5 If the estimate ofthe Cost ofthe Work at the conclusion ofthe Design Development Phase exceeds the Owner's budget for the Cost of the'Work, the Owner shall .1 ....give written approval of an increase in the budget for. the Cost ofthe Work; 2 'in consultation with the Architect and Construction Manager, revise the Project program, scope, or quality as required to reduce the Cost ofthe Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed ands Section 6.5.2, the Architect, with additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's /~,,,1 budget for the Cost ofthe. Work at the conclusion ofthe Design Development Phase Services, or the budget as adjusted under Section 6.5.1. The Architect's modification ofthe Construction Documents shall be the limit ofthe Architect's responsibility as a Basic'Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Additional Service, make any required revisions to the'`l~rawings> Specifications or other documents necessitated by subsequent cost estimates that exceed the Owner's budget for the Cost ofthe Work, except when the excess is due to changes initiated by the Architect'in cope, basic systems, or the kinds and quality of materials, finishes or equipment. ARTICLE 7 COPYRIGHTS AND ''LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. Ifthe Owner and Architect intend to transmit Iinstruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 'Ihe Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation ofthe reserved rights ofthe Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architects Instruments of Service solely and exclusively for purpcues of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Construction Manager, Subcontractors, Sub-subcontractors, and material or equipment ~..~ suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions ofthe Instruments of Service solely and exclusively for use in performing services or construction for the Project. Ifthe AIA Document 6132TM - 2009 (formerly 8141 TMCtUa -1992). Copyright O 1992 and 2009 by The American Institute of Arohitecffi. All rights reserved. lnh' WARNING: Thi: AIAe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe ~ 5 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. ~ This document was produced by AIA software at 18:12:35 on 12/09/2013 under Order No.1089044637 1 which expires on 12/19/2013, and is not for resale. User Notes: (1701856429) Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In`the event the Owner uses the Instruments of Service without retaining the authors ofthe Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use ofthe Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement ofthe Architect. Any unauthorized use ofthe instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS .AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements ofthe method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case' not more than 10 years after the date of Substantial Completion ofthe Work. The Owner and Architect waive all. claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against .each other and against the contractors, consultants, agents and employees ofthe other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Conditi~s of the Contract :for Construction. The Owner or the Architect, as appropriate, shall require ofthe Construction Manager, contractors, consultants, agents and employees of any of than similar waivers in favor of the other parties enumerated herein... § 8.1.3 T'he Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable;under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the pa'formance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to ~ is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution ofthe matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date ofthe Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall procced in ~~ advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement ofthe parties or court order. If an arbitration irlk. AIA Document 8132® - 2009 (formerly 6141 ^'CMa -1992). Copyright O 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA .Document is protected by U.S. Copyright Law and Internatlonai Treaties. Unauthorized reproduction or distribution of this AIA° 16 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. / This document was produced by AIA softwaro at 16:12:35 on 12/09/2013 under Order No.1089044637_1 which expiros on 12/19/2013, and is not for resale. User Notes: (1701656429) ` proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § :8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall beheld in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate bar. If the Owner and Architect do not select a method of binding dispute resolution below, or do'not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration .pursuant to Section 8.3 of this Agreement { X ] Litigation in a court of competent jurisdiction ~ (Paragraphs deleted) ARTICt.E 9 TERMINATION OR SUSPENSION § 9.1 if the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.-Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses ~~ incurred in the interruption and resumption of the Architect's services. The Architect's fees for the retrtaining services and the time schedules shall be equitably adjusted. § 9.2 Ifthe Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. '§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party #'ail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit: on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. 1"'\ AIA Document 81 S2TM - 2009 (formerly 8741 T"CMa -1992). Copyright m 1992 and 2009 by Tha American Institute of Architects. All right reserved. lnh' WARNING: This AIA° Document is protected by U.3. Copyright Law and InbmaUonal Treaties. Unauthorized reproduction or distribution of this AIA° ~ I Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:12:35 on 12/09!2013 under Order No.1089044637 1 which expires on 12/19/2013, and is not for resale. User Nobs: (1701658429) /'~ ARTICLE 10 MISCELLANEOUS PROVISIONS § 1,0.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2. Terms in this Agreement shall have the same meaning as those in AIA Document A232 2009, General Conditions ofthe Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent ofthe other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to.the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests ::the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such :consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agrcement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Protect site. § 10.7 The Architect shal l have the right to include photographic or artistic representations ofthe design of the Project among,the Architect's promotional and professional materials. The Architect shall be given reasonable access to the .completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing ofthe specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.$ If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary,"-the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to :perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount.. of, or basis for, compensation.) Lump Sum Amount Totaling $117,000.00 Total reimbursables to be at cost and not to exceed $8,000.00 in addition to Basic Service sum. § .;11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Civil Services included in Basic Services total sum. r", § 11.3 For Additional Services that may arise during the course ofthe Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: Init. AIA Document 61320 - 2009 (formerly 8141 TMCMa -1992). Copyright ®1992 end 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. UnauthoHzed reproduction or distribution of this AIA° 18 Document, or any portion of It, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:12:35 on 1 2/0 912 0 1 3 under Order No.1089044637 1 which expires on 12!19!2013, and is not for resale. User Notes: (1701658429) /~ (Insert amount of, or basis for, compensation.) At'current hourly billing rates, with typical annual adjustments. I § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Architect plus TEN percertt (10 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost ofthe Work, the compensation for each phase of services shall be as follows: Schematic Design Phase 23,400.00 percent ( 20 %) Design Development Phase 23,400.00 percent ( 20 %) Construction Documents Phase 37,440.00 percent ( 32 %) Bidding or Negotiation Phase 3,510 percent ( 3 %) 'Construction Phase 29,250.00 percent ( 25 %) ..Total Basic Compensation one hundred percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery or multiple bid package process, the Architect may be providing its services in multiple Phases simultaneously. Therefore, the Architect shall be permitted to invoice monthly in proportion to services performed in each Phase of Services, as appropriate. 1 (Table deleted). (Parpgraphs deleted) § 11.8'Compensatlon #or Relmbutsable Expenses ~..~ § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of--town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; ;4 Printing, reproductions, :plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, :mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 'All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ZERO percent (0%) of the expenses incurred and not to exceed $ 8,000.00 11,9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: Licensing Fee equal to the Fee for Services performed prior to termination for convenience. /~ AIA Document 6132"' - 2009 (formerly 81411OCMa -1992). Copyright O 1992 and 2009 by The American Institute of Architects. All rights reserved. Irk' WARNING: This AIA° Document is protected by U.3. Copyright Law and IntemaUonai Treaties. Unauthorized reproduction or distribution of this AIAe ~ ( Document, or any portion of it, may resuH in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which expires on 12t18/2013, and is not for resale. User Notes: (1701656428) /~ § 11.10 Payments to the An:hltect § 11.10.1 An initial payment of ZERO ($) shall be made upon execution of this Agreement and is the minimum paymentunder this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid TI~RTY (30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing ::from time to time at the principal place of business of the Architect. .(Insert rate of monthly or annual interest agreed upon.) 0 % ZERO § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on ,the basis of hourly rates shall be available to the Owner at mutually convenient times. `ARTICLE 12 SPECIAL 'TERMS AND CONDRIONS Special terms. and conditions that modify this Agreement areas follows: ARTICLE 13 ..SCOPE OF THE AGREEMENT § 13,1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Arc~litecK. /~ § 13.2 This Agreement is comprised ofthe following documents listed below: 1 AIA Document B 132TM 2009, Standard Form Agreement Between Owner and Architect, Construction Manager as Adviser Edition (Paragraphs deleted) :2 Other documents: (List other documents, if arty, including additional scopes of service forming part of the Agreement.) This Agreement is entered into as of the day and year first written above. OWNER (Si re) ARCHIT (Signature) Tammy deWEERD, Mayor ,(Printed name,and title) Approved by Council: ? ,13 /a nuG~ ~ti Sr `1~.~! Jaycee almau, City (Printed name and title) t r ry O~, City of ~'`' T, u~AN~ DOGHO a SF..AL ~t ff Eyp~ B ~ ,.,4 ~~kr ?Rt~'~ Jason Butler, AIA, Associate Principal (Punted name and title) ink. AIA Document 81320 - 2009 (fortnedy 6141 "'CMa -1982). Copyright O 1982 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° .20 Document, or any portion of It, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA softwaro at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which expires on 12N9/2013, and is not for resale. User Notes: (1701656429) r1 Keith Watts, Purchasing Manager (Printed name and title) David Allison, Staff Engineer '.(Printed name and title) :Approved by Departmer-t`. 1.31.13 Warrea`Stewart, Engineering Manager .(Printed name and title) z /""~ (~h' WARNING: This AIAm Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe 21 Document, or any portion of h, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. t This document was produced by AIA software at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which e~ires on 12/19/2013, and is not for resale. User Notes: (1701656429) ~` Additions and Deletions Report for AIA®Document 8132' - 2009 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below ail text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report Is provided for information purposes only and is not incoryorated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:12:35 on 12/09/2013. PAGE1 AGREEMENT made as of the 5 day of November in the year 2013 City of Meridian 33 East `Broadway Aye. Meridian, ID 83642 208-898-5500 CTA, Inc. r,,.,~ 1185 Grove St. Boise. ID 83702 '208-336-4900 Maintenance Facility at the Waste Water Treatment Plant 3401 North Ten Mile Rd. `' Meridian, ]D 83642 Beniton Construction, Ina 366 SW 5~' Ave.` S lu te104 Meridian, ID 83642 208-884-0027 PAGE 2 See attachment A. See attachiment B. /"'~ Construction budge of+/- $1 5 million has been established for this Droject Additions and DeWUoms Report for AIA Document 8132TM - 2009 (formerly 8141 TMCINa -1892). Copyright O 1992 and 2009 by The American institute of An:hiteeta. All rights reserved. WARNING: Thi: AIA° Document is protected by U.3. Copyright Law and International Treaties. Unauthorized ~ reproduction or distribution of this AIA° Document, or any portion of (t, may result in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 18:12:35 on 12/09/2013 under Ordx No.1089044837 1 which expires on 12/18/2013, and is not for resale. User Notes: (1701858429) Construction start of October 2014. PAGE 3 [ X ] Multiple Prime C~tractors Construction Managerwill issue multiple bid packageLs. The Construction Manager is responsible for breakin8 out bid ...:packages from a sinAleset-~of construction documents. It is understood that this proiect will be Concrete Masonry Unit bearin>z structure and match existin{~camDUs aesthetics. David Allison 33 East Broadway Ave. Meridian,,_,ID 8383642 208-898-5500 :Email Address: dallisonf'a,merdiancitv.org PAGE 4 Strata, Inc. Dan Gato 8653 West I3ackamore 13rive Boise, ID 83709 Brock Martinson, Architect Jason Butler. AIA CTA Inc. '1185 Grove St. Boise, ID 83702 208-336-4900 CTA. Inc. 1185 Grave St. Boise. ID 83702 Ci_„_ A Inc• 1185 Grove St. Boise.lD 83702 ~~ ... Additions and Deletions Repoli for AIA Document B132TM - 2009 (fom»rly 8141 TMCMa -1992). Copyright ®1992 and 2009 by The American Institute of Architects. All rights roserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized roproduction or distribution of this AIA° Document, or any portion of it, may resuk in severe civil and criminal penalties, and will be prosecuted to the ~ maximum extent possible under the law. This documentwas produced byAlA softwaro at 16:12:35 on 12/08!2013 under Order No.1089044637 1 which expiros on 12H 9/2013, and is not for rosale. User Notes: (1701656429) /~ CT Irtc. 1185 Grove St. Boise, ID 83702 ..Civil Enluneerinlz -Unknown at time of agreement PAGES r~ § 2.6.1 Comprehensive General Liability with policy limits of not less than E$--}$2,000.000.00 Dlus $10 000 000 00 Umbrella for each occurrence and in the aggregate for bodily injury and property damage. § :2.6.2 Automobile Liability covering owned and rented vehicles operated by the Architect with policy limits of not less than a;$-~-~-$ ),000.000.00 plus $10 000 000 00 Umbrella combined single limit and aggregate for bodily injury and 'property damage. § 2.6.4 Workers' Comp~sation at statutory limits and Employers Liability with a policy limit of not less than E$--} I A00.000.00 § 2.6.5 Professional Liability covering the Architect's negligent ads, errors and omissions in its performance of professional services with policy limits of not less than ~$-}$5.000.000.00 per claim $10 000 000 00 aggre ag te,_per claim and in the aggregate. PAGE''8 .. :-. , .. . . PAGE 9 .1 Where there *2--~V#ete-t~e-are Multiple Prime Contractors responsible for performing different portions of the Project, the Architect shall review a Project Application and Project Certificate for Payment, with a Summary of Contractors' Applications for Payment, that the Construction Manager has previously prepared, reviewed and certified. The Architect shall certify the amounts due the Contractors and shall ,issue a Project Certificate for Payment in the total of such amounts. PAGE 11 ~~ 4.1.1 Fr min B202TM-2009 Not Provided Additions and Deletions Report for AIA Document 6132"' - 2008 (formerly 8741 TMCMa -1992). Copyright m 1982 and 2009 by The American Institute of Architects. All rlphts reserved. WARNING: This AIA Document is protected by U.3. Copyright Law and International TreaUea. Unauthorized reproduction or distribution of this AIA® Document, or any portion of k, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document waa produced byAlA software at 18:12:35 on 12/09/2013 under Order No.1089044637 1 which expires on 12/18/2013, and is not for rosale. User Notes: (1701656428) 3 ~1 4.1.2 Multi le elimin deli s Not Provided 4.1.3 Measwed drawin s Not Provided 4.1.d Existin facilities surve s Not Pro 'tied 4.1.5 Site evaluation and Tannin 203T"'-2007 Not Provided 4.1.6 Buildin Information Modelin 202T"t-2008 N t Provided 4.1.7 Civil en ineerin Architect Section 4.2 4.1.8 Landsca a deli Not Provid 4.1.9 Architectural interior desi 252T"t-200 Not Provided 4.1.10 Value anal is B204T''~200 Owner C 4.1.11 Detailed cost estmatin Owner C 4.1.12 On-site ro'ect r ' resentation B207T"'-2008 Owner C 4.1.13 Conformed construction documents Not Provided 4.1.14 As-deli ed record drawin Not Provided 4.1.15 As-constructed record drawin s Not Provided 4.1.16 `Post occu an evaluation Not Provided 4.1.17 Facili u ort ervices 210T''~2007 Not Provided 4.1,18 :Tenant-related services Not Provided 4.1.19 Coordination of Owner's consultants Not ovided 4.1.20Telecommunications/data desi Owner 4,1..21 Securi evaluation and Tannin B206T"~-2007 Not Provided 4.1.22 Commissioniri ' B211~''`+-2007 Not Pr vided 4.1.23 Extensive environmentall res onsible desi Not Provided '4.1.24 LEED certification B214T"~-2012 Not Provided 4.1.25 Historic reservation' 205T"'-2007 Not Provided § 4.1.26'Furniture, fitrnishings"and equipment design >5 B253TM-2007 Not Provided PAGE 12 Civil En~ineerinlz to meiotic design of grading, draina(te, and sub-surface utilities -included in basic services fee in Section 11.1 .12 Assistance to the Initial Decision , ' .Maker. PAGE 13 .4 Evaluating a~Claims as the Initial Decision Maker; .1 ONE (la reviews of each Shop Drawing, Product Data item, sample and similaz submittals. of the Contractor .2 E, IGHT (8, visits to the site by the Architect over the dwation of the Project dwing construction .3 TWO (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 .TWO (~ inspections for any portion of the Work to determine fine) completion § '4,3.4 If the services covered by this Agreement have not been completed within EIGHTEEN (18 months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ~~ PAGE 15 Additions and Deletions Repoli for AIA Docunwnt 8132TM - 2008 (formerly 8741 TMCMa -1882). Copyright O 1892 and 2009 by The American Institute of Architects. IUI rights reserved. WARNING: This AIA° Document is protected by U.3. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA° Document, or any portion of h, may resuk in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This documentwas produced byAlA software at 16:12:35 on 12/08/2013 under Order No.1089044637 1 which expires on 12/18/2013, and is not for resale. User Notes: (1701656429) ~~ § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, ~i#Iie~-with additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary to comply with the Owner's budget for the Cost ofthe Work at the conclusion ofthe Design Development Phase Services, or the budget as adjusted under,. Section 6.5.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility as a Basic Service under this Article 6. PAGE 17 [ X ] Litigation in a court of competent jurisdiction §-8,3-AfJai~abe# non. «. .]'......t.. ~_ _aL _~ __ _.~ _ .. . . _ _ _ , s , ~ e s . ~~ . . . . , . . . . . PAGE 18 Lump Sum Amount Totalin¢ $117.000 00 ~"'`\ Total reimbursables to be at cost and not to exceed $8 000 00 in addition to Basic Service sum Additions and Deletions Report for AIA Document B1S2*" - 2009 (fomrerly 8741 T•CAAa -1992). Copyright O 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Trestles. Unauthorized ~ reproduction or dlstributlon of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the ` maximum extent possible underthe law. This documentwas produced byAlA software at 16:12:35 on 12/09/2013 under Order No.1089044637 1 which expires on 12/18/2013, and is not for resale. User Notes: (1701656429) ---------~ ------° _._ r~..~.. ~1 Civil Services included in Basic Services total sum. PAGE 19 At current hourly billing rates, with twical annual adjustments. :11.4 Compensation for Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3, shall be'the amount invoiced to the Architect plus TEN percent (10 %), or as otherwise stated below: Schematic Design Phase 23.400.00 percent ( 20 %) Design Development Phase 23.400.00 percent ( 20 %) Construction Documents Phase 37.440.00 percent ( 32 %) Bidding or Negotiation Phase 3.510 percent ( 3 %) Construction Phase 29.250.00 percent ( 25 %) § 11.8.2 For Reimbursable Expenses the comp~tsation shall be the expenses incurred by the Architect and the Architect's consultants plus .ZERO percent (0%1 of the expenses incurred a not to exceed ~ 8,000.00 Licensing~Fee equal to the Fee for Services performed prior to termination for convenience. :PAGE 20 11.10.1 An initial payment of ZERO ($) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. /"'~ Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid THIRTY (30 days Additions and DNetions Report for AIA Document 8132"' - 2008 (fom»rly 8141 T"CMa -1892). Copyright O 1992 and 2008 by The American Institute of Architects. All rights rservsd. WARNING: This AIAs Document Is protected by U.S. Copyright Law and Intemationat Treaties. Unauthorized E reproduction or distribution of this AIA° Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:12:35 on 12/09!2013 under Order No.1089044637_1 which e~ires on 1 2/1 912 01 3, and Is not for resale. Ussr Notss: (1701656429) ~'~'\ after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailin fr g om time to time at the principal place of business of the Architect. ~e 0 % ZERO ',' ~}},~, ' ,4--- .2 Other documents: Tammy deWEE1tD, Mayor Jason Butler. AIA. Associate Principal (Punted name and title) (Punted name and title) Approved by Council: 2 5 13 Jaycee L. Holman, City Clerk rPrinted name and title) Keith: Watts, Purchasing Mana¢er (Panted Warne and title) David Allison. Staff En 'Weer (Printed name and title) Annroved by Department• 131 13 Warren Stewat~t. Enaneerin¢ Manager (Printed name and title) naamons ana oeNUOns Report for AIA Document B132T" - 2009 (fomwrty 8141 "'CMa -1992). Copyright O 1992 and 2009 by The American Institute of Archibcts. Ali rights roservsd. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 reproduction or disMbution of this AIAe Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced byAlA software at 18:12:35 on 12/09/2013 under Order No.1089044837 1 which expires on 12/18/2013, and is not for rosale. User Notes: (1701656429) /"'\ Additions and Deletions Report for AIA Document 6132TM - 2009 (fomu-riy 6141 TMCMa -1892). Copyright ®1882 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the ~ maximum extent possible under the law. This documeMwas produced byAlA software at 18:12:35 on 12/09!2013 under Order No.1089044637_7 which expires on 12/19/2013, andis notforresale. User Notes: (1701656429) ./'~ Certification of Document's Authenticity AIA® Document D401 TM - 2003 I, Kelly S. Stultz, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:12:35 on 12/09/2013 under Order No. 1089044637 1 from AIA Contract Documents software and that in preparing the attached final'document I made no changes to the original text of AIA® Document B132TM - 2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. ~~.b., i }. l> (Till 1~~~~1 ~ (Dated) ~1 AIA Document D401 TM - T003. Copyright O 1992 and 2003 by The American Institute Of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may ~ result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:12:35 on 12/09/2013 under Order No.1089044837_1 which e~ires on 12!19/2013, and is not for resale. User Notes: (1701856429) ~tl,,F~, ~SSI a` Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5GG PROJECT NUMBER: ITEM TITLE: NAMPA MERIDIAN LICENSE AGREEMENT Nampa Meridian License Agreement -Locust Grove Water Main Extension Crossings at the Ridenbaugh Canal and Ten Mile Creek MEETING NOTES ~~~ ~~?~ i ~.1' 1 0 ~ we;& ~~' ~~Ki '~~raa ~I~ ~ Community Item/Presentations Presenter Contact Infio./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 10721%,- .£ ; .� � TO -0 Sawtooth Law Offices, PLLQ License Agreement(s) Approved Board go¢i 9 d € A e.Ja. g t January 2014 Agreement 14 pages City of Meridian Ridenbaugh Canal and Ten Mile Drain Instrument #114002444 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14 BOISE IDAHO 01/10114 08;44 AM DEPUTY Nikola Olson ! RECORDED—REQUEST OF Nampa Meridian Irrigation Dist 114002444 AGREEMENT `1 "Zoite/ This AGREEMENT, is made and entered into this / day of v C , XM 3, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation di ` ict organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", WITNESSETH: WHEREAS, the District owns the irrigation canal and drainage ditch known as the RIDENBAUGH CANAL AND TEN MILE DRAIN, an integral part of the irrigation and drainage works and system of the District, together with the easements therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the Ridenbaugh Canal and Ten Mile Drain, and to access the Ridenbaugh Canal and Ten Mile Drain for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Ridenbaugh Canal and Ten Mile Drain for the benefit of District's landowners; and, WHEREAS, the City owns the real property/right-of-way, particularly described in the deed and/or "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the Ridenbaugh Canal and Ten Mile Drain crosses and intersects the City's real property described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to construct and install a new 16" water main in Locust Grove Road across and under the the Ridenbaugh Canal and Ten Mile Drain and within the District's easements under the terms and conditions ofthis Agreement, within the City of Meridian, Ada County, Idaho; and NOW, THEREFORE, for and in consideration of the premises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: A. Scope of Agreement 1. The City shall have the right to construct and maintain a 16" water main, encased in a 30" pipe, across and under the Ridenbaugh Canal and Ten Mile Drain and/or encroach upon the District's easements for the Ridenbaugh Canal and Ten Mile Drain in the manner described in the "Purpose of AGREEMENT - Page 1 Agreement" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the Ridenbaugh Canal and Ten Mile Drain and/or the District's easements shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Ridenbaugh Canal and Ten Mile Drain and/or the District's easements as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. Each installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Ridenbaugh Canal and Ten Mile Drain and/or the District's easements for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the District's easements for the Ridenbaugh Canal and Ten Mile Drain except as referred to in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City from the holder of title to the property. Should the City fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easements) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easements so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Ridenbaugh Canal and Ten Mile Drain or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easements; e. an interference with the District's use of its easements to access, operate, clean, maintain, and repair the Ridenbaugh Canal and Ten Mile Drain; f. any other damage to the District's easements and irrigation or drainage works. AGREEMENT - Page 2 4. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the easements and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easements which interferes with the District's operation and maintenance of the Ridenbaugh Canal and Ten Mile Drain, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f. The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Ridenbaugh Canal and Ten Mile Drain. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be at all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Ridenbaugh Canal and Ten Mile Drain or the District's easements, and all construction and use of the District's easements by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Ridenbaugh Canal and Ten Mile Drain for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Ridenbaugh Canal and Ten Mile Drain. 4. In the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and operation of such Ridenbaugh Canal and Ten Mile Drain by the District with its equipment for the maintenance of the Ridenbaugh Canal and Ten Mile Drain shall be promptly removed by the upon demand of the District. AGREEMENT - Page 3 E. Applicable Law and Jurisdiction Unaffected. I . Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless I . In addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs I. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assi ng_ment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to AGREEMENT - Page 4 be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement(s) of the City described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT B Y Its President ATTEST: ATTEST: is C' C rk STATE OF IDAHO ss: County of Canyon On this J day of 0,,wG4r24f, before me, the undersigned, a Notary Public in and for said State, personally appeared OW;x;;�� e tt-e i few d -known to me to be the President �ecretary, respectively, of NAMPA & MERIDIAN 1K CIUA I LUN DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. STATE OF IDAHO County of Ada ®0®'®08®09868, e Notary Public for Idaho Residing at ( t% , Idaho My Commission Expires: i i. , r v f On this )' "day of . 2013, before me, the undersigned, a notary public in and for said state, personally appeared and'�gs, =, "e e A known to me to be the \ :\- C e and V`\. o` \I- of the CITY C3F'MERIDIAN, the entity that executed the foreg ing instrument, and acknow edged to me that such entity 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. AGREEMENT - Page 6 Notary Public for Zt�car+ Residing at� , My Commission Expires: ~ t FS EXHIBIT A Legal Description The City's right-of-way for the water main is within the right-of-way for Locust Grove Road located between Victory Road and Amity Road, in the Sections 29 and 30, Township 3 North, Range 1 East, B.M., Ada County, Idaho. See Exhibit D-1 attached hereto. EXHIBIT B Crossing; Location EXHIBIT C Purpose of Agreement The purpose of this Agreement is to permit the City to: 1. construct, operate and maintain a sixteen inch (16") water main, encased in a 30" pipe, across and under the Ridenbaugh Canal and Ten Mile Drain; and 2. as part of the installation of the above referenced water main, to concrete line twenty feet (20) of the Ridenbaugh Canal, which is 10 feet to either side of the open trench for the installation of the water main, all within the City's real property/right-of-way, located in the road right-of-way for Locust Grove Road between Victory Road and Amity Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1, attached hereto and by this reference incorporated herein. The crossing of the Ridenbaugh Canal shall be by open trench and the City shall provide the District with compaction reports of the backfill of the trench for review and approval prior to any concrete being installed. b. The City shall notify the District prior to and immediately after construction so that the District or the District's engineer's may inspect and approve the construction. C. The City shall be responsible for operation, maintenance and repairs associated with the City's concrete lining of the Ridenbaugh Canal, including rehabilitation or replacement of the concrete and the District's easement for a period of three years from the date of this Agreement. Repairs shall include, but not be limited to, all repairs necessary to preserve the structural integrity and unobstructed flow of water through the Ridenbaugh Canal, prevent the loss of water from the Ridenbaugh Canal and the repair of any cracks, breaks or leaks to the Ridenbaugh Canal. If the City shall fail in any respect to properly operate, maintain and repair such portion of the Ridenbaugh Canal, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the City agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the City prior to the District's performing such maintenance, repair or other work except AGREEMENT - Page 7 that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by City or any third party against the District for failure to exercise the options stated in this paragraph, and City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. d. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is the subject of this agreement. e. The City hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms or performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim , action or requirement. f. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with the City's activity which is the subject of this agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. g. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. h. Construction authorized by this Agreement shall be completed prior to March 15, 2014. Time is of the essence. AGREEMENT - Page 8 Jul -julgIRlkIlll�ll��ll_I�' $i 1111P Ill oil In ;. -, 1HIUMIN HEM11IN115,1_111,91-1511!:11 Rol rk12 PI'll CITY OF MERIDIAN LOCUST GROVE WATER MAIN EXTENSION o COVER SHEET Exhibit D-1, page 1 loll 4 I oMw il i A I! CITY OF MERIDIAN LOCUST GROVE WATER MAIN EXTENSION o COVER SHEET Exhibit D-1, page 1 loll 4 I u ):m.ila[+^V..tV tTYx131!,•v5mlureclfClQ'.hvtCt: ta'6i 4+irM=9.11ry fa�2 rpup[,MA'gIt!'IN�-1rT#�T W:r/C�iSL13 eT�'1.16I3C�CNCfiiMR+M e✓>clLtilFlptl,'�?.11?�fl'.'@ Ef II 1 1 I t � 1 1 t gg I II I I 4 1 I •'" • �,' tip A i I �. I I 1 1 � II Iy I I I 1 I I j 1 II 1 / �Yw FF gal FIN f41 �a ' i�✓ I' tgx � °' .f g� As 10 a i N I I r %v r oil i a {{{QQQ pp z 1 CITY OF MERIDIAN T•O 6NRINHHR® 4 '�`a a UST GROVE WATER MAIN EXTENSIONNBAUGH CANAL CROSSING DETAILSK Exhibit D-1, page 2 lit I 1 4 11. HIP F,,, ivy y -: �,� `�r'',)�f '�� `-.� i �{ CC 36 o CITY OF MERIDIAN T-0 ENGINIZZ04 LOCUST GROVE WATER MAIN EXTENSION oTENMILE DRAIN CROSSING DETAILS Exhibit D-1, page 3 Xg I AAA 11 Pig 0 0, ggg c Ile; Al jai Ig q4 9 X1 03 At ti oil fill, .1, IN1111,1 11 rt---- Cli. fl g Ell - 4 12 4 ol 4 5 1 1 1 j P CITY OF MERIDIAN T-0 UNGINIMAS LOCUST GROVE WATER MAIN EXTENSION 4 EROSION AND SEDIMENT CONTROL PLANI-A q CI .. COVER SHEET AND DETAILS JI Exhibit D-1, page 4 Exhibit D-1, page 5 ji 13' i �1 000M.I.HDIUM'3 _ U 'Ic gig in pp gill" A CITY OF MERIDIAN LOCUST GROVE WATER MAIN EXTENSION aruunnocaffnaaurvswsNxme "' EROSION AND SEDEMENT CONTROL PLAN STA:14+00 TO 32+00 Exhibit D-1, page 5 31 S, lid !o 118 INOWAVIO Ii i1 NO CITY OF MERIDIAN LOCUST GROVE WATER MAIN EXTENSION o EROSION AND SEDEMENT CONTROL PLAN STA:32+00 TO 51+00 Exhibit D-1, page 6 ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek DATE: 12/5/13 Mayor Tammy de Weerd City Cewn~il Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Nampa Meridian License Agreement -Locust Grove Water Main Extension Crossings at the Ridenbaugh Canal and Ten Mile Creek I. RECOMMENDED ACTION A. Move to: 1. Approve a License Agreement with Nampa Meridian Irrigation District for a 16-inch water main crossing the Ridenbaugh Canal and Ten Mile Creek as part of the Locust Grove Water Main Extension project. 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION This project consists of constructing 3,200 linear feet of 16" water main in Locust Grove Road south of Victory Road. The new water line will run from the new ground reservoir tank (currently under construction) south approximately 3,200 linear feet to serve the existing 12" water main in Wrightwood Drive. The new water main will allow pressure zone 5 to be created to serve development as it occurs on the high ground to the southwest. IV. IMPACT Page 1 of 2 A. Fiscal Im acct: There are no fiscal impacts associated with approving the license agreement. V. ALTERNATIVES The City could decide not to sign the License Agreement. This would stall the project and would limit the City's ability to provide adequate water supply as development occurs on the high ground to the southwest. VL TIME CONSTRAINTS Due to the upcoming irrigation season, Nampa Meridian has imposed a deadline of March 15, 2013 for the completion of the work directly impacting the Ridenbaugh Canal and Ten Mile Creek. VII. LIST OF ATTACHMENTS The attached agreement is a requirement of Nampa Meridian Irrigation District to perform construction activities within the vicinity of the Ridenbaugh Canal and Ten Mile Creek. Approved for Council Agenda: R ./ (,: ~ ~ - ; ~ f ~, ~~: ~-~ Date Page 2 of 2 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5HH PROJECT NUMBER: ITEM TITLE: WWTP MAINTENANCE FACILITY DESIGN Approval of Award of Agreement to CTA ,Inc. for the "WWTP Maintenance Facility Design Services" project for aNot-To-Exceed amount of $125,000.00 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, David Allison Date: 12/12/13 Re: December 17~' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 17"' City Council Consent Agenda for Council's consideration. Approval of Award of Agreement to CTA .Inc. for the "WWTP Maintenance Facility Design Services" aroiectfor aNot-To-Exceed amount of $125 000 00 Recommended Council Action: Approval of Award of Agreement CTA, Inc. for the Not-To-Exceed amount of $125,000.00. Thank you for your consideration. ~ Page 1 AlA Document C132" - 2009 Standard Form of Agreement Befween Owner and Construction Manager as Adviser AGREEMENT made as of the 30 day of October in the year 2013 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has (Name, legal status, address and other information) added information needed for its cxxripletion. The author may also have revised the text of the original City of Meridian AIA standard form. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text is available and the Construction Manager: from the author and should be (Name, legal status, address and other information) reviewed. A vertical line in the left margin of this document indicates Beniton Construction where the author has added P.O. BoX 838 necessary information and where Meridian, ID 83680 the author has added to or deleted from the original AIA text. /~ ~, for the following Project: This document has important legal (Name, location and detailed description) consequences. Consultation with an attorney is encouraged with respect Waste Water Treatment Plant Maintenance Shop to its completion or modification. 3401 N. Ten Mile Rd. Meridian, ID 83642 This document is intended to be used in conjunction with AIA The Architect: Documents A132TM-2009, Standard (Name, legal status address and other information) Form of Agreement Between Owner , and Contractor, Construction CTA Architects Manager as Adviser Edition; TM A232 -2009, General Conditions 1185 W. Grove Street of the Contract far Construction, Boise, ID 83702 Construction Manager as Adviser Edition; and 8132TM-2009, Standard The Owner and Construction Manager agree as follows. Form of Agreement Between Owner and Arohltect, Construction Manager as Adviser Edition. AIA Document A232TM-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. ws~ vocumen~ c'raz ~~ -Zone ~formarly 8801 *'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.3. Copyright Law and International Troaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may resuk in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible i under the law. This document waa produced by AIA software at 14:12:37 on 12/12!2013 under Order No.1005957857_1 which expires on 0 111 4/2 0 1 4, and is not for resale. User Notss: (960975191) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES S CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT r't ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable, " "unknown at time of execution"or "to be determined later by mutual agreement.') § 1.1.1 The Owner's program for the Project: (Ident~ documentation or state the manner in which the program will be developed.) 2013 - 2017 CIP WWTP Projects § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) New 12,000 S.F. masonry maintenance shop on water treatment campus. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, :f known, a line item breakdown.) One Million Six Hundred Fifty Thousand and No/100 Dollars ($1,650,000.00) § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: TBD .2 Commencement of construction: /~ ~ 9/1/2014 AIA Document C132TM - 2009 formerly 8801 TMCMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights ~~~' resarvad~ WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of Z this ILIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which e~ires on 01/14/2014, and is not for resale. User Nobs: (960975191) ~~ .3 Substantial Completion date or milestone dates: 3/31/2015 .4 Other: § 1.1.5 The Owner intends the following procurement method for the Project: (Ident~ method such as competitive bid, negotiated Contract or multiple Prime Contracts.) Competitive bid with multiple prime wntracts. § 1.1.6 The Owner's requirements for accelerated or fast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages.) Multiple bid packages to be developed § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) N/A § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: ~` (List name, address and other information.) David Allison, Project Manager City of Meridian 33 E. Broadway Meridian, ID 83642 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner aze as follows: (List name, address and other information.) CTA Architects 1185 W. Grove Street Boise, ID 83702 § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information.) .1 Land Surveyor: Not required .2 Geotechnical Engineer: Provided by the City of Meridian .3 Civil Engineer: ~~ ~ Provided by CTA Architects AIA DoeumeM C132TM - 2009 fortnsrly 8801 TMCMa -1992). Copyright ®1973,1980,1992 and 2009 by The American Institute of Architects. All rights Init. rsssrvsd. WARNING: This AIA~ Document is protected by U.S. Copyr~ht Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and w81 be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_t which expires on 01/14/2014, and is not for resale. Ussr Notas: (980975191) .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construction contractor.) § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.) Bryce Parker, Project Manager Beniton Construction P.O. Box 838 Meridian, ID 83680 (208)884-0027 § 1.1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any speck requirements and personnel to be included in the sta~"ang plan, if known.) Superintendent and Project Engineer § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: .1 Cost Estimator: (List name, legal status, address and other information.) Beniton Construction Alan Uhlorn /, .2 Other consultants: None § 1.1.14 The Construction Manager's consultants retained under Additional Services: None § 1.1.15 Other Initial Information on which the Agreement is based: None § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the schedules, the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and Gaze ordinazily provided by construction managers practicing in the same or similar locality under the same or similaz circumstances. The Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B 132TM-2009, Standard Form of Agreement Between Owner and Architect, ~,.~ Construction Manager as Adviser Edition. The Construction Manager shall not be responsible for actions taken by the Architect. --- (~~~ AIA Document C132^' -2009 ~tomterly 8801'^CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intematlonal Treaties. Unauthorized reproduction or distribution of 4 this AIA® Document, or any portion of it, may result in severe civil and criminal penakies, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 14:12:37 on 1 2/1 212 0 1 3 under Order No.1005957857 1 which expires on 01114/2014, and is not for resale. - Ussr Notes: (960975191) ~~ § 2.4 The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project. § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than Two Million and No/100 Dollars ($ 2,000,000.00) for each occurrence and in the aggregate for bodily injury and property damage. § 2.6.2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than Two Million and No/100 Dollars ($ 2,000,000.00) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insurance results in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than One Million and No/100 Dollars ($ 1,000,000.00 ). § Z.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than Two Million and No/100 Dollars ($ 2,000,000.00) per ~~ claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. The certificates will show the Owner as an additional insured on the Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling, constructabilityreuiew, cost estimating, and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstructlon Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner and Architect. § 3.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. § 3.2.3 The Construction Manager shall prepare, and deliver W the Owner, a written Construction Management Plan that includes, at a minimum, the following: (1) preliminary evaluations required in Section 3.2.2, (2) a Project schedule, (3) ccet estimates, (4) recommendations for Project delivery method, and (5) Contractors' scopes of Work, if multiple Contractors or fast-track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager /~ shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect's review and Owner's approval. If the Architect Init. AIA Document C732TM - 2009 formerly 8801 TMCMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. Thy document was produced by AIA software at 14:12:37 on 1 2/1 2120 1 3 under Order No.1005957857 1 which expires on 01/14/2014, and is not for resale. - User Notes: (960975181) /'~ suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and highlight items that could affect the Project's timely completion. § 3.2.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of the Cost of the Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action. § 3.2.8 As the Architect progresses with the preparation of the Schematic Design, Design Development and ' Construction Documents, the Construction Manager shall consult with the Owner and Architect and make ~"\ recommendationswhenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional ~,,..~ services of surveyors, special consultants and testing laboratories required for the Project. tnH. AIA Document C132*~ - 2009 ~tomterly B801 "'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may resuR in severe civil and criminal penakiss, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notas: (960975191) ~1 § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the current Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. § 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AIA Document A232T"~2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing ~,,,,\ of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements InN. ~-~ w~~ ••~••• ~. ~~ - - Ewa ~rormeny navy ~-cMa - X882). Copyright ®1973, 1980, 1992 and 2008 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and cNminal penalties, and will be prosecuted to the maximum extent possible 7 / under the law. This document was produced by AW software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (980975191) /"~ showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.8 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information from the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. If the Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit vests, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12.1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and final payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: .1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Application for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate for Payment, (4) certify the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has r.\ progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents ~~~. AIA Document C132TM -2009formerly !3801 ^'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights rsserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which e~ires on 01/14/2014, and is not for resale. Uss- Notes: (960975191) /~ upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Frime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shalt notify the Architect about the rejection. The failure of the Constructicn Manager to reject Work shall not constitute the acceptance of the Work. The Construction Manager shall record any rejection of Work in its daily log and include information regazding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the r'1 Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services. The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these aze solely the Contractor's rights and responsibilities under the Contract Documents. The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible for the Construction Manager's negligent acts or omissions, but shall not have control over or charge oil and shall not be responsible for, acts or omissions of the Contractor or Multiple Prime Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information of the meaning and intent of the Drawings and Specifications with its written recommendation, and assist in the resolution of questions that may azise. § 3.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. r~ Init. AIA Document C132*' -2009formerly 8801 ^'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of 9 this AIAe Document, or any portion of it, may result in severe civil and criminal penaRies, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12!2013 under Order No.1005957857_1 which expires on 01/14/2014, and Is not for resale. User Notss: (960975191) § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and ~~ revise as necessary, a Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect for approval. The Construction Mana er shall g promptly review all Shop Drawings, Product Data, Samples and other submittals from the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information identified below: .1 Work completed for the period; .2 Projcet schedule status; .3 Submittal schedule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .8 Status report of nonconforming and rejected Work; .7 Daily logs; .8 Summary of all Multiple Prime Contractors' Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation /"'~ and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; and .11 Any other items the Owner may require: § 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor's work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; and .4 Any other items as the Owner may require: § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner- purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work. § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the ~,~ Contractor's or Multiple Prime Contractors' final testing and start-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require. irtn. run uvcumani ~i sz ~- - zuue ~om»rty 13801 °1CMa -1992). Copyright ®1973, 1980, 1992 and 2008 by The American Institute of Architects. All rights reaervad. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 10 this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857 1 which expires on 01/14/2014, and is not for resale. - User Notas: (960975191) ~\ § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion, The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor ar Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (1) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in ar partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar sub;nittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or final Application for Payment al~d final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 3.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract /'~ Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect, Contractor and Multiple Prime Contractors. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but maybe required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. (Designate the Additional Services the Construction Manager shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) ~~ Init. Services Responsibility (Construction Manager, Owner or Not Provided Location of Service Desc~ption (Section 4.2 below or in an exhibit attached to this document and identi led below 4.1.1 Measured drawin s Owner § 4.1.2 Architectural interior design 252TM-2007 Not Provided 4.1.3 Tenant-related services Owner 4.1.4 Commissionin 2l 1TM-2007 Not Provided 4.1.5 LEED certification B214T"t-2007 Not Provided § 4.1.6 Furniture, furnishings, and equipment desi B253TM-2007 Owner AIA Document C132TM -2009 formerly 13801 TMCMa -19921. Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. CopyNght Law and International Treatie:. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (980975191) 11 ~~ § 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described in an exhibit attached to this document. None § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for services required due to the fault of the Construction Manager, any Additional Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services until the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactment or revision of codes, taws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for, and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .8 Providing consultation concerning replacement of Work resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or .8 Service as the Initial Decision Maker. 1"\ § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services aze not required, the Owner shall give prompt written notice to the Construction Manager, and the Owner shall have no further obligation to compensate the Construction Manager for those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. .3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within Seventeen (17) months of the date of this Agreement, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regazding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, spceial equipment, systems, and site requirements. Within 15 days after receipt of a written request from the Construction Manager, the Owner shall furnish. the requested information as necessary and relevant for the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget ~.,, for the Cost of the Work as defined in Section 6.1, (2) the Qwner's other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the init. wn uocumenr ciaz ~~ -zoos ~iormeriy 6801 *"CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Arohltects. All righb reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ~ 2 this AIAe Document, or any portion of it, may result in sevens civil and criminal penalties, and will be prosecuted to the maximum extent possible ( under the law. This document was produced by AIA software at 14:12:37 on 12!12/2013 under Order No.1005957857 1 which e~ires on 01/14/2014, and is not for resale. - UserNotes: (980975191) /"~ Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B132-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of--way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the. Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required bylaw or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any fault or defect in the Construction Manager's services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which.are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. ~~ AIA Document C132*" -2009 fom~erly 8801 "'CMa -1992). Copyright ®1973, 1980, 1892 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIAe Document, or any portion of it, may result in severe civil and cNminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857 1 which e~ires on 01/14/2014, and is not for resale. - User Notes: (980975191) r~ § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Construction Manager of any direct communications that may affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract for Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progess. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project desigaed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of--way, financing, contingencies for changes in the Work or other costs that aze the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and maybe adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager's judgment as a person or entity familiaz with the construction industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepazed by the Construction Manager. § 6.3 If the Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if.any, shall not own or claim a copyright in the Instrtunents of Service. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its ~, use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other ltth. AIA Document C132TM - 2009 formerly 8801 TMCMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (960975181) ~1 information or documentation in digital form, they shall endeavor to establish necessary protocols governing such ' transmissions. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Constructiam Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in ~"~ Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Construction Manager's services, the Construction Manager may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) AIA Document C132TM - 2009 /Iformerly 8801 TMCMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIAi° Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 15 / under the law. This document was produced by AIA software at 14:12:37 on 1?/12/2013 under Order No.1005957857 1 which e~ires on 01H4l2014, and is not for resale. - User Notes: (960975191) ~~ [ ) Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ) Other: (Specify) § 8.3 § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subjcet to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the. Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for azbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for azbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the abbitrations employ materially similaz procedural rules and methods for selecting abbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in azbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause for suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption ~.•1 and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document C132^~ - 21109 formerly 8801 "'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Arch(tects. All rights Ink. reserved. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of ~s this AIA® Document, or any portion of it, may resua in severe civil and eriminai penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857 1 which expires on 01/14/2014, and is not for resale. User Notes: (960975191) ,r1, § 9.2 If the Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Construction Manager shall be compensated for expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not;less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Construction Manager's services and include expenses directly attributable to termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction Manager's anticipated profit on the value of the services not performed by the Construction Manager, asset forth below. § 9.7.1 In the event of termination for the Owner's convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services performed, costs incurred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruction Phase. § 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A232-2009, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certificates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days Ink. AIA Document C132T" -2009 ~fortnsrly 88017°CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857 1 which expires on Ot/14/2014, and is not for resale. - User Notes: (960875191) prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.8 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3, the Owner shall compensate the Construction Manager as follows: ~~ § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Twenty Nine Thousand Nine Hundred Seventy and No/100 Dollars ($29,970.00). To be billed in monthly installments to correspond with services. § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) I Sixty Thousand Eight Hundred Forty Five and No/100 Dollars ($60,845.00). To be billed in monthly instalhents to correspond with services. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Cost of the work plus 0% § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) Cost of the work plus 0% § 11.4 Compensation for Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus zero percent (0 %), or as otherwise stated below: r1 ~ N/A AIA Documsnt C132*'~ - 2009 formerly 8801 ^'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. ressrvsd. WARNING: This AIA~ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 14:12:37 on 12!12/2013 under Order No.1005957857 1 which e~ires on 01/14/2014, and is not for resale. - Ussr Notss: (960975191) /1 § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit ojhourly billing rates or insert them below) Employee or Category Rate (x0.00) Clerical $35.00 Estimator $75.00 Superintendent* $2,000.00 Weekly Accounting $65.00 Project Manager $85.00 Construction Manager $98.00 *Does not include Superintendent's vehicle fuel. § 11.6 Compensation for R~mbursaWe Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project and are estimated not to exceed $107,975 and are, as follows: .1 Transportation and authorized out-of--town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; ~~ .5 Postage, handling and delivery; .8 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus zero percent (0 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of zero ($ 0) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid sixty (60 )days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) Zero percent 'i § 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. Init. """ °'"'"""'°"' ' °` - """ L°""a"y °6U7 "~^~a - ~eazi, copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penaR(es, and will be prosecuted to the maximum extent possible 19 / under the law. This document was produced by AIA software at 14:12:37 on 12/12/2013 under Order No.1005957857_1 which e~lres on 01/14/2014, and is not for resale. User Notes: (960975191) § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: § 12.1 Funding § 12.1.1 The Construction Manager shall be compensated for CM Services and reimbursables on a Not-To-Exceed basis as provided above for the Not-To-Exceed amount of $198,790.00. Compensation is scheduled to be paid from two fiscal years, $29,970.00 in FY14 (10/1/13 - 9/30/14) and $168,820 in FY15 (10/1/14 - 9/30/15). Therefore continuation of the project beyond 9/30/14 and the current budget amount of $29,970.00 is subject to City Council approval of the FY15 budget. If the City Council fails to appropriate funds to continue payment beyond $29,970.00, City may terminate this agreement and Construction Manager will relieve City of any fiuttter obligation. Construction Manager must NOT incur costs for any work that exceeds $29,970.00 prior to October 1, 2014. It is the Construction Managers responsibility to adhere to the schedule and the amounts listed above. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement maybe amended only by written instrument signed by both Owner and Construction Manager. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document C132TM-2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document E201TM-2007, Digital Data Protocol Exhibit, if completed, or the following: Not used /'``~ AIA Document E202T"t-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: Not used Other documents: (Llst other documents, if any, including additional scopes ofservice forming part of the Agreement.) AIA 232 - 2009 General Conditions This Agreement is entered into as of the day and year first written above. OWNER (Si e) CONS CTI M ER (Signature) m0. m ~ LZ'.t (/1/ t ~ ~-,,,~y~_ _ Doug Nichols, Vice President (Punted n2ime and title) ~ (Printed name and title) ~1 (~~. AIA Document C132"' - 2009 formerly 8801 "'CMa -1992). Copyright ®1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.3. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA• Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 20 t under the law. This document was produced by AW software at 14:12:37 on 12/12/2013 under Order No.1005957857 1 which expires on 01/14/2014, and is not for resale. - User Notes: (960975191) Meridian City Council Meeting DATE: December 17, 20 ~ ITEM AMBER: ~ ~ PROJECT NUMBER: __ ITEM TITLE: WELL 16 RECONSTRUCTION CHANGE ORDER Approval of Change Order 1 to Task Order 10312h for "Well 16 Reconstruction" to Hydro Logic, Inc. for the Not-To-Exceed amount of $57,006.00. MEETING NOTES ~ ~~ ~~„ ~~e~~ 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, Kyle Radek Date: 12/10/13 Re: December 10 City Council Meeting Agenda Item The Purchasing Department respectFully requests that the following item be placed on the December 10 City Council Consent Agenda for Council's consideration. Approval of Chance Order 2 to Task Order 10312h for "Well 16 Reconstruction" to Hydro Logic, Inc. in the Not-To-Exceed amount of $527,006.00. This Change Order to the Task Order is written against the current Master Agreement between the parties. Recommended Council Action: Approval of Change Order 2 to Task Order 10312h to Hydro Logic, Inc, Inc. for the Not-To-Exceed amount of $57,006.00. This change order represents a 70% increase in the task order amount for a total of $139,456.00. Thank you for your consideration. ~ Page 1 ~~i~E IDIAN~- Public ~ D A H O Works Department TO: Keith Watts FROM: Kyle Radek, Assistant City Engineer DATE: 12/5/2013 Mayor Tammy de Weerd City Ceaneil Mem6e~t~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Project Information; Task Order 10312h, We1116 Reconstruction Change Order #1 I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, PW Director 489-0866 II. DESCRII'TION A. Back ound The original task order was to evaluate Well 16, determine whether or not to reconstruct it, and perform reconstruction. The task order also included a task to perform hydrogeologic services to abandon the well if it was found that it could not be reconstructed. Reconstruction was designed and attempted, however it was not successful, so the well was abandoned and the hydrogeologist was instructed to use the remaining funds to work on design and inspection services for replacement production wells. As explained in previous council correspondence, two smaller wells (16B and 16C) and possibly a third well (16D) are to be constructed on the site to replace the capacity of the original well that was abandoned. Water from each well will be blended together to obtain optimum water chemistry. Significant progress was made using the remaining funds, but more funds are needed in order to: 1. finish production well 16B, and 2. start and finish production well 16C. B. Proposed ProLct This project includes the professional services needed to complete inspection, geochemical analysis, and documentation of construction of well 16B production well and to perform construction inspection, geochemical analysis, and documentation of construction of well 16C. III. IlVIPACT A. Strate ig c Impact: Page 1 of 2 This project meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. B. C. Service/Delivery Impact: This project ensures current and future delivery of quality water to our customers. Fiscal lm acts: Budgeted Amount Proposed Cost Approved for Council Agenda: Warren Stewart $200,000 $57,006 /3 a Page 2 of Z /_'\ /'"'~ /~ CITY OF MERIDWN 33 t:A8T BROADWAY AVENUE MERIDIAN, ID 83842 CONTRACT CHANaE ORDER Charge Outer No.: 1 Protect Number. 1031211 wb: 11/22/2013 Effidiw Oats: CONTRACTOR: Hydro Lola , ne PROJECT: We1116 ReCOnstruttlon Ths Contractor b hereby dincbd f:0 male Nq following ohanaa from tfre CoMraet f~ocumenb and Plans. Dacttptlon: 1t Compbte inepactbn, Bsochemket eneyeb, and documentation of VVstl 1fi6 productlon wetl. Z) Perforrrr oorMfnrdion irrspedlon, geoohemkal enalyeb, end dawnentatbn of YYs11tiC producllon wsU. Rtiaon for Charge Order: Original task orcbr was to evaluate Wa1116, determine whether or not ~ reconstruct it„ and perform reconstruction. Ths bsk order also included a task to perform hydrogeologk: services to abandon the well ff it was found that ft could not be reconstructed. Reconstruction was designed and attempted, however it was not successful, so the well was abandoned and the hydrogeologist was Instrtlcbd to use the rernalning funds to work on design and inspection services for a repiaoement productbn well. 3ignfticaM progress was made using the remaining funds, but more funds are needed in order to:1. finish production well 168, and 2. start and fnish produtdtOrt well 16C. Mtechmtinb: Original Task Order and new Scope of Work CHANGE IN CONTRACT PRICE: CHANGE IN CO TRACT TittAE8: Oripinei Contract Prtos: $82,450.00 Orminet Contract Compietbn Data loci Contrast Net oMnpa from ptevloue C.O.'e.: Net Days chenae from previous C.O.'e: No. Q to • Q No. Q to Q $0.00 Contract t~rlcs Prior to fhb C.O.: Contract CompWlon Deb before this C.O.: $82 450.00 Nat inertias (decrees) d fhb C.O.: . Net Days inonaes (decroas) of fhb C.O.: $67 006.00 Contract Prue with etl APProwd C.O.'e: Context CompNtlon Dab wllh atl Apptowd C.O.'e: 13sf a5fi<.oo RECOMME'ND~EDi: AMNAflERt ACCE ~'( • TOR) ~ ''~'+ . t~ rZ f Dab: /.? ...,,,,, Dots: • '~ /1PPROVED: lcrrv Pu no ,~ t' `"" ,~ r~ IL MPROVAL fay: lalthwaa. ~>~`~ ~~ , T '~~ lZ 1~ / 13 J2 Dab' /S /,3 City of W ` per. By: Mayor ~ vreerd ' : 13y:~ Clerk, tie tioNnen -~.-.~~~ ./"'1 SCOPE OF WORK /'", Supply Well 16B Remaining well construction includes design, inspection, and documentation of: augering of 30" bore, installation sealing of temporary 24" surface casing, mud-rotary drilling of 23" bore, installation and sealing of 18" steel surface casing, mud-rotary drilling of 8.75" pilot-bore, back- filling of pilot-bore, mud-rotary reaming of pilot-bore to 17", installation and sealing of 12" PVC pump chamber casing, mud-rotary reaming of pilot-bore to 11", installation and filter-packing of screen assembly. • Analyze and,plot pump test data • laboratory analysis ofgeochemistry, tabulate geochemistry, interpret geochemistry with respect to shallow ground water, aquifer leakage, and blending • Camera survey of well construction • Final driiler's report review and edits • Review contractor and supplier invoices Supply Well 16C Complete IDEQ well location addendum Well construction includes design, inspection, and documentation of: augering of 30" bore, installation sealing of temporary 24" surface casing, mud-rotary drilling of 23" bore, installation and sealing of 18" steel surface casing, mud-rotary drilling of 8.75" pilot-bore, back-filling of pilot=bore, mud-rotary reaming of pilot-bore to,17", installation and sealing of 12" PVC pump chamber casing, mud-rotary reaming of pilot-bore to 11", installation and filter-packing of screen assembly. • Weii development - Coils and one site visit • Packer/reducer installation • Rental of orifice weir, monitor tubes, valve, and ground water geochemistry instruments • Analyze and plot pump test data • laboratory analysis of geochemistry, tabulate geochemistry, interpret geochemistry wRh respect to shallow ground water, aquifer leakage, and blending • Camera survey of well construction • Composite diagrams.of both well constructions • Update City's well database (hard copy and PDF) • FinaIIDEQsubmittals • Final Project report to City of Meridian • Pitless units designs and installations • Final driUer's report review and edits • Design and recommend appropriate pulping plants ~"1 • Review contractor and supplier invoices • Site clean-up and removal of building protection TASK ORDER N0.10312h Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN 13-bv R~- CITY OF MERIDIAN (OWNER) AND HYDRO LOGIC, INC (ENGINEER) This Task Order is made this 1' `~ day of November, 2012 and entered into by arxi between the City of Meridian, a .municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by !HYDRO LOGIC. INCL. hereinafter referred to as "Hydrogeologist" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 6a) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10312h is as follows: CITY OF MERIDIAN CITY OF MERIDIAN MUNICIPAL WATER SUPPLY WELL NO.16-A EVALUATION AND RECONSTRUCTION DESIGN, INSPECTION, AND GEOTECHNICAL SERVICES PROJECT UNDERSTANDING City Weil #16-A has served the City continuously for 19 years. A recent evaluation of the well by Hydro Logic, Inc., revealed that the well's steel casing is highly corroded and the well is near the end of its useful life. In addition to the deteriorating well casing, the ground water produced from the well contains elevated concentrations of radionuclides slightly above regulated limits for Public Drinking Water Systems such that its current use beyond fire- protection services is restricted. In advance of replacing the well, the City conducted several experiments and hydraulic tests using the existing well and had an exploratory test/monitoring well dt111ed and constructed. Hydro Logic, Inc. interpreted these studies and has made recommendations to the City. Hydro Logic, Inc. presented several options to the City for a replacement well program, one of which is to attempt to reconstruct the existing well. The following task order contains a description of the work tasks necessary to accomplish the reconstruction, and/or proper abandonment of the well if reconstruction is not possible, along with estimated costs far the professional hydrogeologic services, design, and project oversight for the abandonment or reconstruction. r~ Task order 10912h Municipal Water supply Web No. 18-A Evaluation and Reconstruction Design, Inspectbn, and Geoteduikal Setvkes HYDROLOGIC, INC Page 1 of 8 ~"~ SCOPE OF WORK TASK 1.1-CITY WATER WELL N0.16-8 REGULATORY APPROVALS Per the City's request, Hydro Logic, Inc. (Hydrogeologist) will: 1) Evaluate the City's water rights appurtenant to Well #16-A, and any other existing City water right permits that could be easily amended, to file an application to add a point of diversion to the Well #16 site. After filing of the appropriate application, the Hydrogeologist will shepherd the application through the process and respond to any additional requests for data by the Department of Water Resources. This task includes one meeting with the Department of Water Resources. The Hydrogeologist will also file the appropriate Applications for Drilling Permits or Modification of a well permit for the reconstruction or re-drilling of the Well #16-A. The Hydrogeologist will devebp and file an IDEA Weil Site checklist, Well Construction PER, GWUDI evaluation, and Waiver to setback requirements for the new well. Estimated consulting costs for Task No. 1.1 is $ 6,800. ~ TASK 1.2 -CITY NO. 16-8 MONITORING WELL GROUND WATER SAMPLING After receiving the initjal ground water analytical results for the #16 Monitoring Well, two additional depth zones of the aquifer were selected as potential target aquifers for a replacement well on this site. Owing to the large expense of testing for the complete munlcpal Safe Drinking Water Act suite of constituents, the expensive Synthetic Organic Compounds were not tested for until major ion and radionuclide chemistry were known. The targeted aquifers now need to be sampled and tested for the New Source Monitoring suite of analytes from several zones of the #16 Monitoring Weli. The Hydrogeologist will provide the sampling pump, field instruments, calibration standards, sampling carboys, fitter apparatus, and appropriate preservatives to obtain the samples and transport the samples to an approved laboratory and follow them through the process. Included in this task are the laboratory analytical fees and geochemical modeling and interpretation by HLI's geochemist. Estimated consulting costs for Task 1.2 is $12,800 TASK 1.3 -CITY NO. 18-A SUPPLY WELL -REMOVE INSTALLED LINERS In the determination of the root causes of the radionuclide problem at WeN #16-A, three pipe liners were installed to .occlude selected intervals of the existing well completion interval. All experiments are now concluded and these liners need to be removed from the well to facilitate, either, proper abandonment of the well or its reconstruction. The Hydrogeologist will serve as a liaison between the drilling contractor that installed the liners and the City during the work to remove these liners. The Hydrogeologist will develop the Contractor's scope of work and cost estimates for the City, and assist the City in scheduling, and directing the work on site, as well 1 Task OniK 10312h AAuntdpv Water t3upply WeM No.16-A Evaluation mid Reconetrucdon Deeipn, Inaction, and (ieolechnipl Services HYDROLOGIC,INC Pafle 2 of 6 as reviewing and reconciling the Contractor's invoices. Hydrogeologist will assist the city in arranging for building and site protection, and provide regular project updates to the City. Estimated consulting oosts for Task No. 1.3 is $ 2,700. TASK 1.4 -CITY NO. 16-A SUPPLY WELL AQUIFER TEST After the three liners are removed from the well, the Hydrogeologists will pertorm an aquifer test using Weil #16-A as the pumping well and the newly completed nine tube-wells of the #16- B Monitoring Well as the observation wells. The test would be aimed at the determination of which zones of the #16 Monitoring well are affected by the pumping of the existing well and to what extent. This information may be valuable in determining the ultimate reconstruction or new well design to ensure good water quality. Estimated consulting costs for Task No. 1.4 is $ 4,150. TASK 1.5 -CITY N0.16-A SUPPLY WELL REMOVE WELL SCREENS Following the aquifer test of the existing well, an attempt will be made to dismantle the well screen assembly and remove it from the well by the selected selected contractor. The Hydrogeologist will serve as a liaison between the drilling contractor that installed the liners and the City during the work to remove these screens. The Hydrogeologist will develop the Contractor's scope of work and cost estimates for the City, and assist the City in scheduling, and directing the work on site, as well as reviewing and reconciling the Contractor's invoices. The removal of the screened section will allow for one of two scenarios. The first and primary goal would be to facilitate a proper well abandonment by restoring the natural stratigraphic layering of the aquifer system interrupted by the well through the emplacement of grout seals. The abandonment goal may be realized if only a partial section of the well screens can be removed. Estimated consulting costs for Task No. 1.5 is $16,300. TASK 1.6 -CITY NO.16-A SUPPLY WELL GROUT ABANDONMENT If the well screens cannot be extracted from the well, the well will be decommissioned and properly abandoned using perforate and pressure-grouting techniques by the selected Contractor. The Hydrogeologist will develop the Contractor's scope of work and cost estimates for the City, design the abandonment process, obtain the regulatory permissions to abandon the• well, assist the City in scheduling, overseeing and directing the work on site, arrange for building and site protection, review/reconcile the Contractor's invoices to the City, provide two camera surveys of the well if needed, develop and file the appropriate final documenta~on for the regulatory process and the City's files, and provide regular project updates to the City. Estimated consulting costs for Task No. 1.6 is $ 7,700. ~\ Task order 1t)812h Munidpel Weser 8uppty Wep No.18-A Evaluation and Reconetrucdon peaipn, Ir~apeat(on, and (3eoteahnk~l Services HYDROIOQIC, IIVC Paps 9 of e ~"`1 TASK 1.7 - CITY NO.16-A SUPPLY WELL RECONSTRUCTION If the well screens can be sucxessfully extracted from the well, the well will be reconstructed as a municipal water supply well by the selected contractor. The Hydrogeologist will: • design the well reconstruction • develop the technical specifications • develop the Contractor's scope of work and cost estimates for the City • develop a bid schedule and assist the City with the review of bids from contractors Once the contract is awarded the Hydrogeologist will attend apre-construction conference, and assist the City in scheduling, overseeing and directing the reconstruction work on site. Hydrogeologist will also assist the City in arranging for building and site protection, review/recondle the Contractor's invoices to the City, and provide iwo camera surveys of the well if needed. Hydrogeologist will: • design and oversee the development of the well • design and conduct hydraulic testing of the reconstructed well • obtain and deliver water-c~ality/water chemistry samples to the laboratory and follow those analyses through the process • develop and file the appropriate final documentation for the regulatory process and the City's files, provide regular project updates to the City • create an as-built "Composite Diagram" of the reconstructed well for the City's well database ~ • develop a final comprehensive report to the City Laboratory analytical ..fees for a full suite of New Source Monitoring and geochemical interpretation/modeling are also included in the Hydrogeologist's cost estimate. Estimated consulting costs for Task No. 1.7 is $ 32,000. ASSUMPTIONS The Owner will provide all available informatbn necessary to conduct the evaluations and reconstruction if needed and develop submittals. Hydrogeologist will perform field surveys for evaluation and reconstruction, develop technical specifications and serve as the liaison between the drilling contractor and the C1ty. Hydrogeologist will inspect ail tools to be inserted in the well prior to insertion. Hydrogeologist will ensure, to the best of its ability, that all instruments, tools, cables, water tanks, hoses, and equipment used in the well are disinfected and cleaned by the Contractors working on the well (including heating of pipe and pumps that cannot be properly disinfected by other means). Hydrogeologist will develop any necessary change orders to the work and keep the City regularly updated with respect to the work. Hydrogeologist will also serve as inspector for the City with respect to the work including review and reconciliation of contractor invoices with bids and on-site documentation of materials and labor. .~~ Task Onisr 10012h fiMxik~pal Wetsr soppy WeN No.18-A Evduetlon and Recronstnxtlon Deeipn, Inspectbn. and Qeotechn~al 8ervic~s HYDFiOl.CCi1C, INC Pape 4 of e /"'`~ Hydrogeologist will work closely with the City's Project Manager and the City's Water Department with regular a-mail updates. HLI expects that this scope of work could be completed by April of 2013. The following schedule is based on a Notice to Proceed (NTP) from the City by November 2012 and resulting in Final Design being completed by April 2013. A NTP issued on a different date will change the schedule accordingly. COMPENSAT~N AND'COMPLETION SCHEDULE Task Description Dus Date Compe~sstton 1.1 City Water WeU No 18-B • Feb 2013 • $8,800.00 Regulatory Approvals 1.2 City No 18-B Monitoring Well • Dec 2012 • $12,800.00 Ground Water Sampling 1.3 City N018-A Supply WeII • Dec 2012 •$2,700.00 Remove Installed Uners 1.4 City No 16•A Supply WeII Aquifer • Oec 2012 • $4,150.00 Test '1.5 Ciiy No 16-8 Monitoring WeII ^ Jan 2013 • $18,300.00 Remove WeII Screens 1.8 City No 16-A Supply WeII Grout Feb 2013 • $7,700.00 Abandonment 1.7 City No 16-A Supply Well • July 2019 $32,000,00 Reconstn~ction TASK ORDER TOTAL ~82,4SOA0 The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10312h is eighty-two thousand four hundred fifty dollars ($82,450.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference .made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicl~y listed in the Scope of Services AND Payment Schedule. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE. Task Order 10312h Municipal Water 8uppiy Weq No,18-A Eva~ation and ReconsUuctlon Design, Inspection, and peotschnicat gervrces HYDROLOGIC, INC Pape 5 0l8 /"'\ CIT1f OF MERIDIAN ,...- ~'~~~t~ BYt TAMMY de W 1 MAYOR oared: l~~(,3 -tea Approved by HYDRO LOQIC, INC BY• Dated: .rw,s,~~- ~~' ~'~ ,,, IDAaO M ~+~~ ~,~ Sl:l1L ~1 Purohasinp , provai ~'•,,~ ~ ~ Ilr TtFI BY. KEITH" ATTSI Pur ng Manager City Project M~ er Approval ~~' ~~~ Dated:_ ~~/pfZ,/z ~"'~ Task OMar 1031IIh Munidpal Wabr Supply WaA No.10-A Evalwtlon and R~olatrudlon DKipn, b~p~Mon, and Owt.chn>c~l g~l~dc~ FIYDRCLOOIC, M!C ~ e of 8 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5JJ PROJECT NUMBER: ITEM TITLE: PSA TREASURE VALLEY YOUTH THEATER Professional Services Agreement with Treasure Valley Youth Theatre for aNot-to-Exceed Amount of $4,335.00 MEETING NOTES ~." ~9 ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS .^ PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER This PROFESSIONAL SERVICES AGREEMENT WITH TREASURE. VALLEY YOUTH THEATER (hereinafter "Agreement") is made this 17th day of December, 2013 (the "Effective Date"}, by anal between the City of Meridian, a municipal. carporatiop organized under the laws of the State of Idaho (hereinafter "City"}, through the duly delegated Meridian Arts Gammission, and Treasure Valley Youth Theater, a nonprofit corporation organized .under the laws of the State of Idaho {hereinafter "TVYT"}. WHEREAS, the mission. of the Meridian Arts Commission is to develop, advance, anal nurture all facets of the arts to enhance. the quality of Life for Meridian residents and its visitors, WHEREAS, the mission of TV'YT is to be part of a healthy, growing commupity by producing quality theater arts ex~riepces for youth; WHEREAS, the respective governing bodies of City and TVYT find that these missions complement each other and wish to work together to further the objectives of bath by engaging TVYT to present "Peter Pan, .1r."; 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 hereip captained, and in consideration of the recitals above, which are incorporated herein, City and 'T'VYT agree as follows: TVYT shall provide the following services, deliverables, and materials under this Agreement: A. TVYT shall. pay of all necessary royalties. B. TVYT shall obtain ail necessary scripts. C. TVYT shall schedule and hold auditions an .Tanuary S, 9, and 10, 2014 and rehearsals from .January 11 through March. 20, 2014, and sha11 provide youth cast members with all necessary materials for such experience. D. TVYT shall provide the following staff and any other staff necessary to provide the services and deliverables set Earth in this Agreement: director, music director, choreographer, stage manager, production assistant, costume designer, and light designer. E. TVYT shall. provide all necessary costumes, props, and. set. F. TVYT shall provide and distribute marketing materials, ipcluding printing pastern, flyers, t- shirt~s, and programs. G. TW"YT shall. reserve auditiop, rehearsal, and performance space. H. TVYT shall .present to the public three performances of "Peter. Pan, Jr." on March 22, 2014. PRa~SSIUIVAL SLCtvICGS 1~GR~LMENT WCrf-I TFtEASUC2~ V,~t..t,L-`Y YauTx THI:ATCR PAC;C 1 aF S /`\. II. Compensation and payment. A. Amount. City shall. pay TVYT for professional services in the amount of four thousand. three hundred thirty-flue dollars {$4,335.00). B. Fayment schedule. Within seven (7) days fallowing execution of this Agreement and City's receipt of a completed W-9 form and invoice, City shall mail a payment to TVYT in the amount of two thousand dollars {$2,000.00) for the purpose of purchasing a show kit far the performance (i. e., royalties and scripts). Fallowing the final performance as contemplated by this agreement and receipt of TVYT's invoice, City shall mail payment. far the remaining amount, two thousand three. hundred thirty-f ve dollars ($2,335.00) to TVYT. C. Materials fees; revenue. TVYT shall. be entitled to collect a materials fee from each cast member in an amount not to exceed thirty-five dollars ($35.00). In exchange for such fee, each cast member shall be entitled to a snack at each rehearsal, a script, and a t-shirt advertising the performance; participation. in the rehearsal of the play per TVYT's casting and direction; direction and coaching from TVYT staff at weekly rehearsals. from January l l through March 20, 20:1.4; and performance of the play, per TVYT's casting, direction, and scheduling, on March 22, 201.4.:No person shall be turned away due to inability to pay the materials. fee; TVYT shall waive and/or make other accommodations :for such. fee upon request and demonstration of financial hardship. TVYT shall be entitled to retain any revenues realized from ticket sales, sponsorships, or other :fundraising undertaken by TVYT. IV. General provisions.. A. Indemnification. TVYT and each and. all of TVYT's employees, agents, contractors.,. officials, officers, servants, guests, and/or invitees,. including any and all participants in Event ar related activities, shall indemnify and save and hold harmless City Pram and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and lasses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at ar in its use of Park ar any lack of maintenance or repair thereon and not caused. by ar arising out of the tortous conduct of City. B. Insurance. TVYT shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting TVYT, TVYT's employees, and TVYT's agents from all claims for damages to property and bodily injury, including death, which. may arise during or in connection with the play, including auditions, rehearsals, set-up, performance, and tear-dawn. Such insurance shall name City as additional insured, and shall. afford at least five hundred thousand dollars {$500,000.00) per person bodily injury, five hundred thousand dollars {$500,000.00) per occurrence bodily injury, and dive hundred thousand dollars ($500,000.00} per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless /'~ City as set forth in this Agreement or any permit.. If City becomes liable. for an amauntin excess of the insurance limits herein provided due to the actions ar omissions of Organizer or Pxar~sSIONAL sEItVICCS AGRL'IrMLNT WrrII TI2EAStlKI VALI.IY ~CUI:t'rtI Txr<A~?x PACTG 2 ors /~ any (organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of .Event or related activities, Organizer covenants and agrees to indemnify and save and hold. harmless City :from and for all. such lasses, claims, actions, or judgments far damages or liability to persons ar property. At all times during the course of this Agreement, TVYT shall provide'worker's compensation coverage in the arnountrequired by law for each and every employee utilized. in the course of performance of this Agreement. C. Natiees. All notices required to be given. by either of the parties hereto shall be in writing and be deemed communicated when personally served, ar mailed via United States mail, addressed as follows: if to TVYT: If i s Autumn Kersey Emily Kane, Deputy City Attorney Treasure Valley Youth Theater City of Meridian 27$6 W. Regan Ave Boise ID $3702 33 East Broadway Ave Meridian ID 83642 Either party may change its authorized representative and/ar address far the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. D..Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement ar any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of TVYT. TVYT sha11 not assign or sublet all or any portion of TVYT's interest in this Agreement or any privilege or right hereunder, either voluntarily ar involuntarily, without the prior written consent of City. This Agreement and each and. all of the terms and conditions hereof shall apply to and. are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. E. Na agency; independent contractor. Neither TVYT nor its employees, agents, contractors, officials, officers, servants, guests, and/or .invitees shall be considered agents of City in any manner or for any purpose whatsoever in TVYT's use and occupancy of facilities at which auditions, rehearsals, workshops, and/or performances are held. In all matters pertaining to this agreement, TVYT shall be acting as an independent contractor, and neither TVYT nor any officer, employee-or agent of TVYT shalt be deemed an employee or agent of City in any manner or .for any purpose. Specifically, without limitation, TVYT understands, acknowledges, and agrees: l . TVYT is free from actual and potential control by City in the provision of services under this. Agreement, 2. TVYT is engaged in an independentlyestablshed trade, occupation, profession, or business.. 3. TVYT has the authority to hire subordinates. 4. T~tYT owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. l~leither TVYT nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. Ptzar-~ssratvAt~ s~RVtCES Actt~LMCt~t'r wlcrx Tttsutt~ Vet Yott'rti Txrr~'r[?tt PACC 3 ar• 5 /'~ F. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall. comply with all applicable laws, ordinances, and codes of Federal, State, and local. governments. G. Attorney Fees. Should any litigation be commenced. between the parties hereto concerning this .Agreement, the prevailing party steal! 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 campetent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shat! survive any default, termination or forfeiture of this Agreement. H. Time of the essence. The parties shall fulfill obligations described. in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. I. Termination. l . Grounds, Grounds far termination. of this Agreement shall include, but shall nofi 6e limited to: an act or omission by either party which breaches any term. of this Agreement.; an act of nature ar other unforeseeable event which precludes ar makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. ~ 2. Process. Either party may terminate this Agreement by providing five (S} days' notice of intention to terminate. Such. notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight (48) hour cure period sha11 commence upon provision of the notice of intention. to terminate. If, upon. the expiration of such cure period, cure of the breach ar circumstances. providing grounds for termination has not occurred, this Agreement shall. be terminated. upon mailing or e- mailing of notice of termination.. J. Breach. Any act or omission by either party which breaches any term. of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra-duty personnel staffing, decline to reserve City facilities, release. existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. K. Construction and severability. !f any part of this Agreement is held to be invalid or unenforceable, such holding wil! not affect the validity or enforceability of any other part of this Agreement sa long as the remainder of the Agreement is reasonably capable of completion. L. 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 r"~ to the execution hereof or contemporaneous herewith. PROPESS~arrAL SB~zvrCCS AGKEL1vTEivT w-rH T[tsutt~ VAtt, YOUTH TI~fEA'rER Pncn 4 ar• 5 ~"~ M. Discrimination Prohibited. In performing the Services required herein, TVYT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. N. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire immediately upon completion of tear-down following conclusion of the final show, or 11:59 p.m. on March 22, 2014, whichever occurs first. O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and TVYT. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TREASURE VALLEY YOUTH THEATER: r,.~ BY: Autumn Kersey CITY OF MERIDIAN: BY: Tammy de W e d Mayor Attest: ~~:~~;~:;7 A`~`'~sr `fir I `L. J9G~ V pf IAN IDAHO aycee S City Clerk `~ SEAL .,.. ,.. ~'a_~ lF, r TIlE'SUQO PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 5 OF 5 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 5KK PROJECT NUMBER: AZ 13-008 ITEM TITLE: OAKS SOUTH SUBDIVISION Findings of Fact, Conclusions of Law for Approval: AZ 13-008 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Annexation of Approximately 103.04 Acres from the RUT Zoning District in Ada County to the R-4 (Medium-Low Density Residential) and R- 8 (Medium Density Residential) Zoning Districts 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: December 17, 2013 ITEM NUMBER: 5LL PROJECT NUMBER: RZ 13-008 ITEM TITLE: OAKS NORTH AND OAKS SOUTH Findings of Fact, Conclusions of Law for Approval: RZ 13-008 Oaks North and Oaks South by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks South) and North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks North) Request: Rezone Approximately 33.08 Acres from the R-8 (Medium Density Residential) and R-15 (Medium-High Density Residential) Zoning Districts to the R-4 (Medium-Low Density Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R-15 (Medium- High Density Residential) (18.34 Acres) and L-O (Limited Office) (5.54 Acres) Zoning Districts for Oaks South Subdivision AND Rezone Approximately 298.33 Acres from R-4, R- 8 and R-15 Zoning Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71 Acres) Zoning Districts for Oaks North Subdivision MEETING NOTES d~ ~ ~ ~ ~ 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: December 17, 2013 ITEM NUMBER: 5MM PROJECT NUMBER: PP 13-013 ITEM TITLE: OAKS SOUTH SUBDIVISIONS Findings of Fact, Conclusions of Law for Approval: PP 13-013 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 310 Single Family Lots, One (1)Multi-Family Lot, Six (6) Office Lots, One (1) Park Lot, One (1) Other Lot and 33 Common Lots on Approximately 135.93 Acres in a Proposed R-4, R-8, R-15 and L-O Zoning Districts MEETING NOTES ~~~ ~ ~m , 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: Dece~rrber ~ ~, 0~ ITEM NUMBER: 5(~ IV PROJECT NUMBER: PP 13-014 ITEM TITLE: OAKS NORTH SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-014 Oaks North Subdivision by Coleman Homes, LLC Located North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 653 Single Family Lots, Three (3) Multi-Family Lots, 40 Common Lots and Two (2) Other Lots on Approximately 252.12 Acres in a Proposed R-4, R-8 and R-15 Zoning Districts MEETING NOTES ~~I~~s 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 Meridian City Council Meeting DATE: December 17, 2013 ~~E AMBER: ~ PROJECT NUMBER: MDA 13-015 ITEM TITLE: OAKS NORTH AND OAKS SOUTH SUBDIVISIONS Findings of Fact, Conclusions of Law for Approval: MDA 13-015 Oaks North and Oaks South Subdivisions Located North and South Side of W. McMillan Road, Between N. McDermott and N. Black Cat Roads Request: Development Agreement Modification to Replace Recorded Oakcreek DA (Inst. # 109009629) with New Development Agreement Pertinent to the Oaks North and Oaks South Subdivisions 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 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: HOMETOWN HERO AWARD PRESENTATION Hometown Hero Award Presentation to Ernad "Aaron" Aljic 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: December 17, 2013 ITEM NUMBER: 7 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: December 17, 2013 ITEM NUMBER: 5B PROJECT NUMBER: PP 13-028 ITEM TITLE: WHITEBARK SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-028 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Preliminary Plat Approval Consisting of Fifty-Five (55) Single Family Residential Building Lots and Seven (7) Common/Other Lots on Nineteen (19) Acres of Land in an R-4 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: December 17, 2013 ITEM NUMBER: 5C PROJECT NUMBER: MDA 13-018 ITEM TITLE: WHITEBARK SUBDIVISION Findings of Fact, Conclusions of Law for Approval: MDA 13-018 Whitebark Subdivision by Cindy K. Lewis Trust and T 8~ M Holdings, LLC Located 2135 E. Amity Road Request: Modification to the Development Agreement to Increase the Number of Building Lots Allowed to Develop on the Site Consistent with the Proposed Preliminary Plat 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: December 17, 2013 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT CDBG GRANT Public Hearing: For the Community Development Block Grant (CDBG) Program Year 2012 Consolidated Annual Performance and Evaluation Report (CAPER) MEETING NOTES ~~~~~~`_ ~ ~ ~ , 6. %~ ~~ 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 17, 2013 ITEM # 8A PROJECT NUMBER CDBG PY2012 Annual Performance and Evaluation PROJECT NAME Report ~ PLEASE PRINT NAME ~ FOR ~ AGAINST ~ NEUTRALI -~ ~ ~ 1 V N: i ~ c~, ~~ crrY or Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. i~ ~~ c~ ~ ~ :Community Development Block Grant (CDBG) PY2012 CAPER 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. 1 ~' ~ ~~ BY THE CITY COUNCIL: BI1tD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF 1VIEltIDIAN APPROVING SUBMISSION OF THF. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2012 ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE llATE. WHEREAS, the City of Meridian is an Entitlement City and receives federal fiuiding annually .-. WHEREAS, pursuant to the Citizen Participation Plan, a public comment period on the CAPER was held from December 2, 2013 to December 17, 2013, and public hearing on the PY12 CAPER was held on December 17, 2013; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the PY12 CAPER, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference is hereby approved as to both foam and content. Section 2. That the Mayor, the City Clerk, and the CDBG Grant Administrator are hereby authorized to respectively execute, attest, and submit to HUD said PY12 CAPER for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. .~,~ ADOPTED by the City Council of the City of Meridian, Idaho, this ~ ~ • day of December, 2013. y.•~--- APPROVED by the Mayor of the City of Meridian, Idaho, this ~~ day of December, 2013. APPROVED: ..o.~~ ., .., ,, ~'~~ Ma~b~;'Tai y e Weerd ATTEST• '~ _ ~, c>> ~~ ~ rti Est te' "~ ,. ~.~ ~ ~ t ~~ y: aycee ~ hnan, City Clerk ~,~a, ~~`~~~~`~~ ~~ y ~ r,~ •. r..~. ~• .•m.~» • n~i. n...~l!'• /.TTY n~)tn n1111"~11 Il.. ,~., 1 .•C 1 Final Report 2012 Consolidated Annual Performance and Evaluation Report (CAPER) Community Development Block Grant Program ~~E IDIAN~-- City of Meridian, Idaho /~ TABLE OF CONTENTS Introduction ..............................................................................................................................3 II. Executive Summary .................................................................................................................5 a. Summary of PY2012 Accomplishments ....................................................................6 b. Summary of Resources and Distribution of Funds ..................................................7 III. Five Year Plan Assessment of Progress ..................................................................................9 a. Five Year Goals and Objectives ................................................................................10 b. Lessons Learned ..........................................................................................................13 !V. Assessment of Annual Progress ............................................................................................15 a. Affirmatively Furthering Fair Housing/ AI Summary and Overcoming impediments ..............................................................................................................16 b. Affordable Housing ....................................................................................................18 c. Addressing Worst-Case Needs ..................................................................................18 d. Addressing Accessibility Needs ................................................................................18 e. Continuum of Care .....................................................................................................18 f. Other Actions ..............................................................................................................19 ~ V. Program Narratives .................................................................................................................24 APPENDICES Appendix A: Tables Joint Table 1C, 2C, and 3A-Summary of Specific/Annual Objectives ................28 Table 2A-Priority Housing Needs/Investment Plan Table ..................................31 Table 213-Priority Community Development Needs .............................................32 Table 36-Annual Affordable Housing Completion Goals ....................................33 Appendix B: Reports Summary of Activities (PR03) ...................................................................................35 Summary of Consolidated Plan Projects for Report Year 2012 (PR06) ................53 Summary of Accomplishments Report (PR23) .......................................................55 Financial Summary Report (PR26) ............................................................................56 Expenditure Report (PR50) ........................................................................................58 Timeliness Report (PR56) ..........................................................................................58 Performance Measures Report (PR83) ....................................................................59 Strategy Area, CDFI, and Local Target Area (PR84) ................................................64 Appendix C: Legal Notices ..................................................................................................65 Appendix D: Public Comments ...........................................................................................67 City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 /"\ S ECTI OIV I introduction City of Meridian, Idaho 2012 CAPER Final REPORT---December 17, 2013 n Section Introduction The Gity of Meridian is a recipient of federal Community Development Block Grant (GDBG) funds. The U.S. Department of Housing and Urban Development (HUD) provides these funds to the City on a formula basis. As a recipient of these funds, the City is required to prepare a Consolidated Plan, also known as a five-year strategic plan. The plan identifies the housing and community needs of the City, organizes these needs based on priority, identifies resources that address the community's needs, and establishes annual goals and objectives to meet those needs. The Consolidated Plan is further broken down into annual action plans, which the City prepares and submits to HUD each year. The annual action plan spells out specifically how the City will address the goals and objectives in the Consolidated Plan during that program year. At the end of each program year, the City provides a summary of expenditures and related accomplishments tothe public and HUD. This annual assessment is called the Consolidated Annual Performance and Evaluation Report (CAPER). While this report addresses goals achieved by expending funds for the CDBG program, it is important to note that the success of the program is largely dependent on the efforts and resources of other private and public agencies and organizations as well as HUD. CAPER requirements are outlined in 24 CFR § 91.520. The report provides a review and evaluation of the City's performance during the 2012 Program Year (PY 2012) and the five-year timeframe of the 2012-2016 Consolidated Plan. The subject program year began October 1, 2012 and ended September 30, 2013. This document includes reports generated by HU[3's Integrated Disbursement and Information System (IDIS). These IDIS reports summarize the City's accomplishments for PY2012. HUD- recommendedtables complement the narrative section and IDIS reports to provide an update on the City's progress in achieving the goals and objectives identified in the Consolidated Plan. City of Meridian, Idaho 4 2012 CAPER Final REPORT--December 17, 2013 SECTION II Executive Summary n Ci#y of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 Section II Executive Summary The performance measurement system outlined in the City's Consolidated Plan is based on the following HUD initiatives: • Create a Suitable Living Environment • Provide Decent Housing • Create Economic Opportunities These initiatives are carried out by the City of Meridian and various partner agencies and entities. They are consistent with the guidelines set-forth by HUD in accordance with regulations governing the use of CDBG funds and are based on the needs that the City has identified through its own assessment and on-going input from the citizens of Meridian. Table 1 provides a summary of PY2012 Action Plan activities, along with an update of activity status (expenditures to date). Table 1: Program Year 2012 Allocations ~..... _,__~~ Y_ _..:.~.._.:_~~_~., 56:~ .~ -_ ~~: ...,.... _ ..j-_.~ ...,~..:.,..,. ~,,_...:~ r.:_~:,__::-..__ .._.,-. :::v..q ..... I oirated~~~,_ ....: _. .::,. ..: r .... _..._~w _- .._ _ ~.~,: ed. :,:::, w.... ;_ ~ :e..__d.:......... :ti: ierria.ntrw~.. ~'~ _ Administration $28,242.70 $28,242.70 $0.00 8th Street Park Restroom Facilit $144,000.00 $86,361.40 $57,638.60 Ada Count Housin Authorit (ACHA} $21,000.00 $0.00 $21,000.00 Neighborhood Housing Services (NHS} $21,000.00 $0.00 $21,000.00 Senior Em to ment Program $12,000.00 $12,000.00 $0.00 Meridian Food Bank $26,500.00 $26,500.00 $0.00 Unallocated* $3,984.30 ro~rA .....:.~.:_. ~ --- _ _.........._..:. ,:_.~:~. ..: - $256;7'27.00. - ~~: $~:5~ ~~~ ,> V - ~ `~ ~`~ ~' b~~(90 *The unallocated funds are from 2012 unspent Administrative funds. A. Summary of PY2012 Accomplishments The following is a summary of the City's accomplishments in PY2012, including projects that were carried aver from previous program years: • Provided down payment assistance to three eligible low/moderate income households for the purchase of homes in Meridian (funds from PY2010 and PY2011). • Completed construction and installation of the All-Abilities Playground Project at Meridian Elementary School. • Completed one minor facade improvement project with the Meridian Development Corporation. • Started construction on the 8th Street Park ADA Restroom Facility project. City of Meridian, Idaho 6 2012 CAPER Final REPORT-December 17, 2013 • Initiated and completed the Senior Employment Program with Open Lines, inc. as the community partner. Over 40 seniors expressed an interest in participating in the program. Sixteen of those seniors were eligible to participate, and 7 seniors were placed in jobs because of the program. • Provided assistance to the Meridian Food Bank for the purchase of food during the 2012 program year. In combination with other monetary donations and support, the Meridian Food Bank assisted over 65,000 individuals and families during the past year. B. Summary of Resources and Distribution of Funds The City continued its efforts to address the priority housing and community needs identified in the 2012-2016 Consolidated Plan. The 2012 Action Pian focused primarily an LMI beneficiaries. Table 2 provides a summary of expenditures by Consolidated Plan goals-objectives categories. Table 2: PY2012 Activities and by Goal and Objectives Goa[/Activity A[lacated Expended Remaining ~, _~ ~ _ ~ - ~--. Suitable Living Environment $170,500.00 $112,861.40L' $57,638.60 8th Street Park Restroom Facilit $144,000.00 $86,361.40 $57,638.60 Meridian Food Bank $26,500.00 $26,500.00 $0.00 Decent Housing $42,000.00 $0.00 $42,000.00 ~•, Ada Count Housing Authority $21,000.00 $0.00 $21,000.00 (Neighborhood Housing Services $21,000.00 $0.00 $21,000.00 Economic Opportunity $12,000.00 $12,000.00 $0.00 Senior Em to ment Pro ram $12,000.00 $12,000.00 $0.00 General $32,227A0 $28,242J0 $3,984.30 Administration $28,242.70 $28,242.30 $0.00 Unallocated* $3,984.30 $0.00 $3,984.30 (Vote: None ofthe City's activities this year generated program income. Note: All funds received were #rom the CDBG Program. *The unallocated funds are from 2012 unspent Administrative funds. ~~ I aaie ~: txpenditures curing NYLt)TL tram previous program years Goal/Adivi Pro ram Year Allocated Expended in PY2012 Expended in Previous Program Years Remainin Suitable Livin Environment Meridian Elements School Pia round Pro'ect PY2011 $75,000.00 $75,000.00 $0.00 $0.00 Decent Housing tVei hborhood Housin Services PY2010 $20,000.00 $5,880.58 $14,119.42 $0.00 Neighborhood Housing Services PY2011 $20,000.00 $20,000.00 $0.00 $0.00 Ada Count Housin Author( PY2010 $40,000.00 $20,OOD.00 $20,000.00 $0.00 Ada Caunty Housing Authority PY2011 $15,000.00 $8,900.00 $0.00 $6,100.00 Economic Opportunities Fa ade Im rovement Program {MDC) PY2011 $4fl,000.00 $775.00 $0.00 $39,225.00 Tatal Expenditures During PY2012 {non-PY2D12 Activities) $130,555.58 City of Meridian, Idaho 7 2012 CAPER Finai REPORT-December 17, 2013 City of Meridian, Idaho g 2012 CAPER Final REPORT-December 17, 2013 2012 Distribution Map o U 175 0.35 °=Miles SECTION 111 Five Year Plan Assessment of Progress Gty of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 Section III Five Year Plan Assessment of Progress A. Five Year Coals and Objectives The Consolidated Plan lists three key strategies and five associated objectives to address the identified needs of the community. During the 2012 Program Year, the City selected and carried out activities that addressed each one ofthe three strategies. The City also focused on completing activities addressing the identified goals and objectives from the 2007-2011 Consolidated Plan. Meridian has chosen a three year period of 2012, 2013, and2014 to meet its Certification of Overall Benefit. As identified in the attached report (PR26), the City's certification percentage for these two program years is 99.7% benefit to low/moderate income persons. The only exception to these expenditures was the Facade Improvement Program carried out by the Meridian Development Corporation. The City made progress on the following objectives through PY2012 activities as described below: Five Mile Creek Pathway Segment H.1 (Suitable Living Environment, 2007-2011 Consolidated Plan): Construction of this project was completed during the 2011 Program Year. During the 2012 Program Year, the City completed and approved a substantial amendment on February 5, 2013 to modify the scope of this project. All activities associated with this project have now been marked as complete in IDIS (Activity #20, #23, and #33). City of Meridian, Idaho 10 2012 CAPER Final REPORT-December 17, 2013 Ada County Housing Authority (ACHA) (Decent Housing 2007-2011 and 2012-2016 Consolidated Plans): In order to increase the affordability of decent housing as outlined in the Consolidated Plan (DH-2), the City allocated $21,000.00 to ACHA for homeownership assistance through the housing choice voucher program. In addition, ACHA had remaining PY2010 and PY2011 funds, some which were spent during program year 2012. ACHA assisted two low/moderate income families with the purchase of a home in Meridian during the 2012 Program Year. ACHA utilized all of the remaining PY2010 funds and the majority of the PY2011 funds. ACHA has until the end of December 2013 to utilize the PY2011 and PY2012 funds. The families received a total of $28,900 in down payment, closing cost, and/or principle buy down assistance. City of Meridian, Idaho 11 2012 CAPER Final REPORT-December 17, 2013 Street Lighting Design (Economic Opportunity): i ~, ~ . "~ # : ~ w~ s, Facade Improvement, Meridian Development Corporation (Economic Opportunity, 2007-2011 Consolidated Plan): Forty-thousand ($40,000) was allocated in PY2011 for a facade improvement program to be carried out by the Meridian Development Corporation (MDC). This program has started slowly and interest from local businesses has been limited. MDC opened up the application period in June 2012, and several businesses applied for use of the funds. Some businesses withdrew their applications upon learning of all of the associated requirements when utilizing the federal funding (i.e. payment of Davis Bacon wages, Section 3 compliance, etc.). One minor project was completed during Program Year 2012, and MDC has two other projects underway with executed participation agreements. MDC anticipates that these projects will be completed by December 2013. After the two projects are completed, this activity will be closed and the remaining funds will be re-allocated to another eligible CDBG activity. As identified in the Consolidated Plan, this project seeks to promote economic opportunity (EO-3). City of Meridian, Idaho 12 2012 CAPER Final REPORT-December 17, 2013 year. Ninety-six percent (96%) of those individuals served were low to moderate income persons. This contributed to the availability/accessibility of a suitable living environment (SL-1) as outlined in the Consolidated Plan. 8t" Street Park ADA itestroom Facility (Suitable Living Environment, 2012-2016 Consolidated Plan): In PY2012 the City allocated $144,000 ($130,000 in I ,~~, ,r ;~.,r ~,~~, of new playground equipment which is being funded through the Meridian Community Recycle Fund. This project contributes to the sustainabifity of a suitable living environment (SL-3) as identified in the Consolidated Plan. This project is located in census tract 103.32, block group 2. Senior Employment Training and Placement (Economic Opportunity, 2012-2016 Consolidated Plan): In PY2012, the City allocated $12,000 to a new sub-recipient (Open Lines, Inc.) for the purpose of providing job training and placement for Meridian Seniors. The public service program was very successful in raising awareness with local businesses about the benefits of employing seniors and helping seniors identify ways to market themselves and their skills in today's job market. Ultimately 16 eligible seniors enrolled in the program and received employment services through Open Lines, Inc., and 7 seniors were placed in local jobs as of September 2013. Open Lines, Inc. utilized all of its CDBG funding, and because of the interest shown in the program both by local businesses and Meridian seniors, the company hopes to find other partners and possibly a new funding source in order to continue the program. This activity is identified as complete in IDIS. This activity contributed to the availability/accessibility of economic opportunity (EO-1). Administration (General): Administrative funds during the 2012 program year paid for staff time, staff training, required notices, and other miscellaneous expenses. The City expended $28,242.70 of its allocation of administrative funds. The project is identified in IDIS as complete. The remaining $3,984.30 will be reallocated in the future to a qualified activity. B. Lessons Learned During the last few program years, the City has learned a great deal about project selection and implementation. The City has implemented a few changes throughout the course of the last program year in order to meet timeliness requirements and to address the increased scrutiny City of Meridian, Idaho 13 2012 CAPER Final REPORT-December 17, 2013 by the U.S. Department of Housing and Urban Development {WUD) through the Integrated Disbursement and information System {IDISy regarding the flagging of activities. The City has sought to select projects which are well defined and are ready to be executed in a timely fashion. In addition, to reduce administrative over-head, the City has carefully selected activities that do not generate program income and require less direct City administration. City of Meridian, [daho 1q 2012 CAPER Finaf REPORT-December 17, 2013 ~~ sECrioN fv Assessment of Annual Progress n City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 15 ~1 Section 1V Assessment of Annual Progress A. Affirmatively Furthering Fair Housing/Analysis of Impediments Summary and Overcoming Impediments The City of Meridian's Analysis of Impediments to Fair Housing (AI) identifies three primary impediments to Fair Housing Choice and one barrier/observation that relates to Fair Housing. Consisten# with the City's adopted Fair Housing Action Plan {FHAP},the City included activities in the PY2012 Annual Action Plan to address those impediments. The table below identifies the impediment, the associated activities, and the goals and accomplishments for PY2012. City of Meridian, Idaho 16 2012 CAPER Final REPORT-December 17, 2013 /1 FHAP Identified Impediment Activit Goal/Plan Accom iishment Potential resident Sponsor regional fair housing $500 CDBG $750 CDBGAdministrative funds apposition to affordable awareness campaign Administrative funds contributed to the regional awareness housing development cam ai n. See below for activities. Ten TV Stations broadcasted 336 PSA's, and seven radio stations broadcasted 333 PSA's. The PSA's were broadcast in English and Spanish from April 15-May16, 2013. Seven community events were attended where a Fair Housing inforrnaiional table was available. Ten bus benches wkhin the City of Boise were retrofitted with the Fair Housing Awareness Campaign informational poster. Thirty-five bus panels for the regional bus system were displayed on Valley Regional Transif buses. Limited Public Research grant opportunities to City staff time committed The City is receiving a federal grant through Transportation support public transit to this activity. the Transportation Alternative Program Opportunities (fAP) for the construction of a multi-use pathway along the railroad corridor. In addition, the City Council allocated $60,000 for FY14 for the purpose of establis hing a transit route in Mardian. These funds may be matched by federal transportation dollars through Valley Regional Transit. Meet monthly with the various City staff Time committed CiEy staff attended all applicable meetings. identified local and regional #o this activity. transportation commissions, committees and task force. Lack of understanding by As part of the regional fair housing Participate in the regional The Ciiy sponsored the regional awareness developers and landlords awareness campaign, address fair housing awareness campaign as identified above. about housing accessibility needs of persons with disabilifies, campaign requirements, addressing information about reasonable accommoda#ions and service anima. Conduct a fair housing training in Reach 10 landbrds Meridian specific to landlords. through the local training. The City of Meridian hosted a fair housing Utilize $1,OOD in CDBG training in April conducted by the Administrative funds to Intermountain Fair Housing Council. 92 accomplish the goal. participants attended the event. Participants included home lending professionals, landlords, anti property managers. The City of Meridian was a co-sponsor for a landlord training event hosted by the City of Nampa in March 2013. 80 participants attended the trainin . Conduct an internal training for City Ensure all CD staff are This goal was not able to be advanced Community Development (CD) aware of fair housing during PY12. The CDBG Administrator 1s staff on fair housing design and desing and construction working with the Idaho Fair Housing Forum construction guidelines. guidelines. to host a training for locals#aff, housing developers, and home bui~ers on the Fair Housing Accessd~i€ity First guidelines during PY13. In addition to the activities identified above, the Mayor made a declaration that April was Fair Housing Month in Meridian. During the month of April posters addressing various issues related to Fair Housing were displayed throughout City Hali. Fair Housing information is City of Meridian, Idaho 17 2012 CAPER Final REPORT-December 17, 2013 ~ available on the Cit s website, and the Cit y' y part~ipates in the Idaho Fair Mousing Forum which is a "community of stakeho#ders dedicated to open and respectful discussion of issues impacting housing consumers, prov#ders and advocates." The group meets throughout the year to discuss issues affecting not on#y the Treasure Valley, but the state as a whole. The website iwww.fairhousinaforum.orel provides ~ to news, :events, and other fair housing information.. B. Affordable Mousing Mousing Unhs: In the :2032 Program yearthe City partnered with Ada County Mousing Ruthority (~CMA) and Neighborhood Mousing Services INMS) to address a#ordable housing issues.. The City allocated a total of $42,~Ot3.0A in Ct?~G funds to ACMA and PfMS for homeownership assistance. ACHA prcwided down payment, dosing cost, and p!'inCie .buy down assistance to low borne bWyers ialentified throw flat Ncwsk~g Choice Voucher Program. The Housing Auority successfully he#ped two l~uye~s purchase homes. NM5 provided down payment and duos#n; cost assistance to cane r/mode-rate come houseFtc~d for th~a purchase of a home fd Meridian. The Consolidated P#an identifks a rnuiti-year go~# of 7 af#ordab#a boas#ng ~+nits made available to LMI residents; to date. the City, N##S, and ACMA have assisted ~ households in the ,purchase of #-omes. C. Addi-ess~ tiA/~st-Case M The City Partners w#th EI Ada Comity Action Partner~ip to provkle crt~ty bill assistance /^~ ttrt~t~ tfue IMeritf Cares Preagra+~, Fu~dded vh City erttert-rise rev~snues knot C0~8Gj, t+~eridian Cares Qitows res#dents a; or bei~r the poverty ~nlt to receive up to $~~,~ per year to pay Clay ut+ bi#Is ~~ratsr, u, a+td tras~j. The ~ragra~n e#cras rro~t terentiate between owr-ers ant! renters,• k>we renters are absalute#y ta'+ n~ eac#ushrelyl e#e The program avo#ds ser~rce i~~ that w+auiid otherw#se rnske a housing unit substandard ono water, for examphe~. ~. Address Accesstb~~ty Rr~ The Lity of M~erian's Camrttursity t~velopment #~partnnent which des the isuild~g and P#annirtig i~ions ensures that AaA regt~rements are mct with ag ~w construction and deopment pro~cts o«x,rr#ng resin the Cry. In additi~ the Ct~G Administrator attended a regbna# conference ~ 5epten~ber 2d1~ !tasted by the Nflrthwest At~AA Center to learn more about how the City can ensure program access~ifity and promote access within our comawnt~ty. ~. Ce~ttinuum of Care The City of Boise has taken the kad on outl~i~ an inclushre process to estate and implement a can#inuum of care stratEgyfor Ada County. The Cityr of Meridiem has been sctiorr~r inv+~lved M this process. !n the meatrte, Idaho ~usir-g and Finance Assadation IINFA) atfministers Mtlfl Emergency :Shelter and Su~oririve 1#ous~g Grant funds that benefit local ho~e#ess individual and providers. Meriei~n does not have a substantial hr~na#ess pppulation ~ and as such-does not currently har+e any housir~fadhties to adrn#nister seryriices to this populatio~t. The City of Meck#ian maintains ctact w#t#1 [~-oAda Cvur+i#y A~i~ Partn+~rsttip, ~r of swan, ~daltio 18 X12 CAPER Fwd 1~€PO~tT-ate !?, ~Q13 ~ Neighborhood Housing Services, Ada County Housing Authority, Idaho Housing and Finance Association, and others interested in homeless and special needs populations and contributes to the dialogue as opportunities arise. Meridian does not administer any programs for individuals with HIV/AIDS. The Idaho Housing and Finance Association {IHFA) contracts with Housing Opportunities for Persons with HIV/AIDS {HOPWA) service providers throughout the State to facilitate affordable housing for persons with HIV/AIDS and their families. ACHA is the HOPWA provider serving Meridian. ACHA's administration of HOPWA funds is undertaken in accordance with IHFA's HOPWA policies, which are designed to provide resources and incentives to devise long-term comprehensive strategies for meetingthe housing needs of persons with HIV/AIDS. The total Continuum of Care Funding for Ada County was $1,023,366 for fiscal year 2012. There were eight projects, and they are as follows: • Boise Cares -- Boise City Housing Authority $65,743 • Landmark Project -Boise City Housing Authority $7,850 • WCA Transitional Housing -Women's and Children's Alliance $112,363 • Threshold Crossing -Boise City Housing Authority $18,761 • Coordinated Housing Options and Individualized Services -Ada County Housing Authority $542,231 ~ • Shelter Plus Care--Ada County Housing Authority $180,883 • Lifeline Home - $19,572 • Thatcher House (Permanent Housing Bonus) -- $18,517 • HMIS and Administration {3 projects) -- $57,446 F. Other. Actions in Strategic Plan/Action Plan: 1. Address obstacles to meeting underserved needs The primary obstacle in Meridian to meeting underserved needs is the lack of funding to address all of the identified needs. The City continues to work with its local non-profit partners as well as the other government and quasi-government entities to comprehensively and efficiently address the needs of our community. 2. Foster and maintain affordable housing Please see "Affordable Housing" on page 17 above. The City is working to understand the needs and obstacles for affordable housing developers and how the City might be able to assist in the development of affordable housing units. The City does not anticipate utilizing CDBG funding far this purpose due to the limited amount of CDBG funding the City receives. 3. Eliminate barriers to affordable housing /'~ As identified in the City's recently adapted Analysis of Impediments Report {AI), Meridian's renter households slightly exceed HUD's affordability standard of paying no City of Meridian, Idaho 19 2012 CAPER Final REPORT-December 17, 2013 more than 30 percent of its annual income in housing. According to the 2010 ACS data, Meridian renter households were paying approximately 33 percen# of their annual income in housing costs. The AI Report also states that there is a rental gap of just over 1,000 units for renters earning less than $25,000. 4. Overcome gaps in institutional structure and enhance coordination The City continuously seeks to enhance coordination and overcome gaps in institutional structure. Participation in the continuum of care, attendance at IHFA and related events, and participation in regional coalitions and associations to forward program objectives ali work toward the end of enhancing coordination. Staff continues to establish standard operating procedures and guiding documents to monitor the program, track financials, ensure compliance, and address program requirements in a timely manner. 5. Improve public housing and resident initiatives The City does not provide these services, but it continues to support Ada County Housing Authority and other providers in improving public housing. fi. Evaluate and reduce lead based pain# hazards In September 2013, the City mailed a letter and information brochure about the hazards of lead based paint to all Meridian residents (2,604 households) whose homes were built prior to 1978. The brochure also identified ways for residents and homeowners to reduce the risks of lead based paint exposure. The City continues to provide informational resources on its website about the hazards of lead based paint exposure and ways to mitigate those hazards. 7. Ensure compliance with program and comprehensive planning requirements Staff continues to establish standard operating procedures and documents to guide the program, track financials, ensure compliance, and address program requirements in a timely manner. The CDBG administrator communicates regularly with Community Planning and Development staff to stay on top of requirements related to the CDBG program and is unaware of any major missteps over the 2012 Program Year. The City also understands that this is a very large and multifaceted program, and will continue working to understand its many nuances and address the related requirements that it entails. 8. Reduce the number of persons living below the poverty level The City focuses primarily on job creation and availability of educational opportunity to reduce the number of persons living below the poverty level. For example, the City, through its Economic Development Administrator, works to recruit new employers and encourage business expansion within in Meridian. In addition, the. City allocated CDBG ~ funding during PY2012 for the Senior Employment and !ob Placement activity. City of Meridian, Idaho 20 2012 CAPER Final REPORT-December 17, 2013 9. Leveraging Resources During Program Year 2012, the City was able to leverage additional resources for several different activities. The Meridian Food Bank combined their CDBG funding with the wide variety of other funding sources they have to meet some of the needs within our community. The Facade Improvement Program combined CDBG funding with private dollars to invest in improvements to a local business. The City Parks and Recreation Department combined CDBG funding with funding from the Meridian Community Recycle Fund to advance the construction of the $th Street Park ADA Restroom facility and the installation of new playground equipment. 10. Citizen Comments In addition to the requirements of the Citizen Participation Plan (which is included in the Consolidated Planj, the City took steps to broaden public participation in the 2012 program year. Because not all residents have access to the Internet or read the public notices published in the newspapers, the City designed posters to be displayed at different locations throughout I_MI neighborhoods. The posters informed the public about the CDBG program, anticipated projects, and the opportunity to provide comments on the plan. The posters were displayed at the Meridian Food Bank, the Meridian Boys and Girls Club, and Meridian City Hall. In addition, the City utilized social media to reach out to citizens who might not otherwise know about the program. ~ 11. Self Evaluation During the first year under the most recent Consolidated Plan (2012-2016), the City has made strides in addressing each of the three identified strategies in that plan. The working relationships between the City and the individual sub-recipients have proved to be extremely valuable to the success of the program. The City has been able to utilize the experience and expertise of its non-profit partners to advance the stated goals of the CDBG program. The City's sub-recipient partners have also been willing to adapt their policies and procedures in order to conform to CDBG regulations. The PY2012 Action Plan states the following priorities and related outcomes; an update of progress/success in achieving each anticipated outcome is included. Annual Evaluation: Decent Housing Strategy No. 1 Improve access to affordable housing opportunities for Meridian residents. • Objective 1.1: Address the need for affordable housing by supporting a down payment assistance program for qualifying households. o HUD Specific Objective Category: Availability/Affordability of Decent Housing (DH-2j ~ o The City allocated $42,000 for down payment assistance programs targeted to low-moderate income households purchasing a home in Meridian. City of Meridian, Idaho 21 2012 CAPER >=ina) REPORT-December 17, 2013 o One Year Action Plan Goal: 3 households PY2012 Outcome: Ada County Housing Authority and Neighborhood Housing Services provided dawn payment and closing cost assistance to three eligible households during PY2012. The funds utilized for this program came from previous funding years (PY2010 and PY2011}. The City is on track to achieve the anticipated outcomes as identified in the five year Consolidated Plan as they relate to this strategy and objective. Suitable i_ivin~ Environment Strategy No. 2 Improve the lives of Meridian residents with special needs and residents at-risk of homelessness. Objective 2.1: Support public service activities that serve the city's LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL-1} o Allocate $26,500 for hunger relief through the purchase and provision of food by the local food bank. o One Year Action Plan Goal: 2,000 people • PY2012 Outcome: 65,264 people were served by the Meridian Food Bank. • Objective 2.2; Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas or serving LMI residents. o HUD Specific Objective Category: Sustainability of Suitable Living Environment (SL-3} o The City allocated $144,000 for the design and construction of a new ADA accessible restroom facility in 8th Street Park. o One Year Action Plan Goal: 1 public facility • PY2012 Outcome: The 8th Street Park ADA itestroom facility is currently under construction. The City anticipates completion of the project by November 2013. The City is on track to achieve the anticipated outcomes as identified in the five year Consolidated Plan as they relate to this strategy and objective. Expanded Economic Opportunity Strategy No. 3 Improve economic opportunities in the City's LMI areas. Objective 3.1: Support public service activities that provide employment training or job creation/retention for the city's LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Economic Opportunity (EO-1} o The City allocated $12,000 for job training and placement for Meridian Seniors. o One Year Action Plan Goal: 10 Meridian seniors trained and placed in jobs. • PY2012 Outcome: The Senior Employment program enrolled 16 Meridian seniors, 7 of whom were .place in new employment opportunities. The City is on track to achieve the anticipated outcomes as identified in the five year Consolidated. Plan as they relate to /'1 this strategy and objective. City of Meridian, Idaho 22 2012 CAPER Final REPORT-December 17, 2013 Additional information regarding the City's progress toward achieving multi-year objectives is available in Joint Table 1C, 2C, and 3A in Appendix A. 12. Monitoring The City used a variety of techniques to monitor subrecipients and review for compliance. Expectations were outlined in sub-recipient agreements, tailored specifically to each activity and sub-recipient entity. Through phone conversations, written correspondence, and desk monitoring staff reviewed sub-recipients' progress toward meeting the program's financial, production, and overall management requirements. In addition, during PY12, the CDBG Administrator and City staff person from the Finance Department conducted on-site monitoring visits of all the current sub- recipients. All the sub-recipients were found to be in compliance with their agreements, and the information gleaned from the visits was consistent with the existing information in the City files. The City is timely in expenditure of CDBG funds as confirmed in the submitted PR56 report. The City does not use letter of credit disbursement and instead funds the program on a reimbursement basis (i.e. the money is spent by the time the City submits a draw down request to HUD). Proposed activities are yielding successful results, and the City is making progress toward Consolidated Plan goals and objectives as described herein. In conclusion, the City is encouraged by the overall status of the CDBG program. City of Meridian, Idaho 23 2012 CAPER Final REPORT-December 17, 2013 ~~ SECTION V Program Narratives n n City of Meridian, Idaho 2012 CAPER Final REPORT--December 17, 2013 24 ~~ Section V Program Narratives A. Assessment of Relationship of CDBG Funds to Goals and Objectives An assessment of the relationship of CDBG funds to goals and objectives is presented under "Five Year Goals and Objectives" on pages 10-1B, and "Self Evaluation" on page 20. B. Changes in Program Objectives The City is not proposing any changes to program objectives at this time. C. Assessment of Efforts in Carrying Out Planned Actions As noted throughout this report, the City pursued the resources indicated in the 2012-2016 Consolidated Plan to the greatest extent possible. The activities carried during PY2012 were consistent with the strategies identified in the 2012-2016 Consolidated Plan. D. Use of CDBG Funds for National Objectives As outlined in Tables 2 and 3, the majority of funds (89.9%~ allocated and expended in PY2012 met the LMI national objective, 0.2% of the funds expended during this program year were for a slum/blight activity, and the remaining 9.9% of the funds expended were for program administration. E. Anti-displacement and Relocation -for activities that involve acquisition, rehabilitation or demolition of occupied real property No activities in PY2012 involved acquisition, rehabilitation, ordemolition of occupied real property. F. Low/Mod Job Activities No activities were undertaken in PY2012 related to low/mod job creation. G. Program Income Received No activities in PY2012 generated program income. H. Prior Period Adjustments N/A I. Loans and Other Receivables N/A J. Lump Sum Agreements N/A K. Neighborhood Revi#alization Strategies N/A City of Meridian, Idaho 2012 CAPER final REPORT-December 17, 2013 25 ~1 L. Certification of Consistency The City of Meridian did sign and provide a certification of consistency for the City of Boise, as the lead agency for Boise City/Ada County Continuum of Care I;CoC) funds. The City of Meridian is actively involved with the CoC and has determined that the proposed plans using HUD funds are consistent with Meridian's strategic plan. M. Did Not Hinder by Action or Inaction The City did not hinder Consolidated Plan implementation by action or willful inaction. City of Meridian, Idaho. 2012 CAPER Final REPORT-December 17, 2013 26 ~1 n APPENDICES City of Meridian, Idaho 2012 CAPER Final REPORT-Qecember 17, 2013 z~ Appendix A: Tables Joint Table iC, 2C, and 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho Note: Activities that are not nronosed 1'or advancement in PY2012 are incluclerl in ¢~•nv font /~ /1 Decent Housin w ith Pur ose of New or Im roved Availabilit /Accessibil .. - - i DH-1 Specific Objective Source of Year Performance Expected Actual Percent JFwtids Indicators Number Number Com feted DH N/A 2012 1.1 2013 2014 2015 % 201b MULTI-Y EAR COAL % Decent Hous in with Pur ose of New or Im roved Affordabilit H-2 DH Address the need for CDBG 2012 Households 3 3 100% 2.I affordable housing by 2013 1 % supporting a down 2014 1 payment assistance 2015 I program for qualifying 2016 1 households. MULTI-YEAR GOAL 7 3 43% Decent Hous in with Pur ose of Netiv or Im roved Sustainabili H-3 DH N/A 2012 % 3.1 2013 % 2014 °/a 2015 % 2016 % MULTI-YEAR GOAL Suitable Livin Environment with Pur ose of New ar Im roved Availabitit /Accessibilit S L-1 SL Support public service 2012 People/Residents 2,000 65,000 >100% 1.1 activities that serve the 2013 2,000 °lo city's 1.MI residents. 2014 2,000 2015 2,000 % 201 b 2,000 MULTI-Y EAR GOAL 10,000 65,000 >100 Suitable Livln Environment w ith Pur ose of New or lm roved Affordabil it SL-2 SL N/A 2012 % 2.I 2013 2014 2015 2016 MULTI-YEAR GOAL Suitable Living Environment wi th Purpose of New or Improved Sustainabi lity (SL-3) SL Invest in public facility CDBG 2012 Public Facilities 1 0 0% 3.1 improvements that serve 2013 0 person with special needs 2014 1 and low income residents 2015 0 or are located in LMl 2016 I areas. MULTI-YEAR GOAL 3 0 0% City of Meridian, Idaho 2012 CAPER final REPQRT-December 17, 2013 28 ~~ ~\ ~1 Economic O ortunit rvith Pur ose of New or Im roved Availa bili /Access ibili O- ] Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com feted CO Support public service CDBG 2012 People/Residents 10 7 70% 1.1 activities that provide 2013 0 employment training or 2014 5 job creation/retention for 2015 5 the city's LMl residents. 2016 0 % MULTI-YEAR GOAL 20 7 35% 'Economic O ortunit with Pu ose of New or Im roved Availa bilit /Aecess ibili EO- 1 J:O Invest in public facility 2012 Businesses or 0 °'o !•2 improvei~ie3}ts or activities 2013 public tncilities I % i-7 the downtcawn area that 201 ~I 0 "n adch•ess one or more the 2015 I °io conditions which 2016 0 amtributed to the MiJLTI-YEAR GOAL 2 °%° deterioration of tlfe area. Economic O ortunit with Pur ose of New or Im roved Sustainabilit O-3 EO NIA 2012 3.1 2013 2014 2015 2016 MULTI-YEAR GOAL Nei hborhood Rev italization NR-1 NR N/A 2012 1.1 2013 2014 2015 2016 MULTI-Y EAR GOAL Other O-1 O N/A 2012 1.1 2013 2014 2015 2016 MULT(-YEAR GOAL ....:;Other (O-2) O N/A 2012 2.I 2013 2414 2015 2016 MULTI-YEAR GOAL. City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 29 n ~e-4. ttbie 2A - ~rlor~j- ~ N~sOs/Mwet~neat P~ 2813-2016 /~ .. Beater Small Ret>Fed {1-010 (~nr 290 TS1b 31.5090 Lmw 37i i3N SI.iOl6 lsw 129 1S9i ~ . _ O.2O1b Medium 54 10091 3f•5O/6 Medium it 6310 St.s~?0e lsw tS TSib EldeflY_ _ . _ - . .O•N~ tow _.~..... 32 _ 4Mi 31.3f~1o Medium 116 10011 31-W16 Mediw~+ 1+2 4t9b .AN OM-er.. .. . _ . . _ .. p-1090. . _Medifxn _.....131. . YM6.. ... 31.3O1e Medium tlt 1OG1b bl~l'!10 t,ow tti 351b Owwer SmaN 1telaoed O.3Q11 Me~+m tE0 h 31.SO1o Modem tOd 4316 Stye Low 77'3 X390 iarOR Relakd _ _ __ . ~IO10 M t5 tOO1b 31 •SON Mtdw~+ +l5 x'!16 51.00!0 Medium 2K L9U0 Y __.... _......... ,. ... __ ~ A_ Mtn .._ 172. .. `~, . 31 •SOk tio+w 9)7 2100 SI a010 Medium i 50 2fK . /NlOlher.. _ ___:9-IO10 ~. ,_•__L~w.._._ __ t3 730 31-5016 isw i+61 7216 31.N'~6 Low 24T 7f10 M~Iwaelesfl tldarly O-~M Medum 1,23y Special Heeds ka0 Mde~ly fktA01 MediurN d34 Severe Mental I~+ess O~tON t+iw 229 Pt+ysical ~lisaDilitY 6~wn Medium 3e7 ~~ t~: + Me~m+ t,o2~ ~~, ~~ o.w+, Med»nn 1.2s wivi~os at'»6 taw t Victims of DoAfestic 1Rolewce O~iO10 taw 2+12 rua: w«dwurfe~weaxa~n®pw4omrcrfor~nsawaf2eee~ndaefe.>be~t7~fu+rb+~uawrm. fAYfN: GOM~ttMllf)YtfNYfkl~AMtd~flilit}•.tt7N,~!~C„AS)dxi M.W.S.CMUYf eMfdi4r rUM11W1 fMN1IWfNG'wM1'r!. t~ty ct MericNatl, ~al+o 2{112 CAPER Finat RfKMT-December `17, 2A13 30 /'1 ~1 / ~ n+•a. Tsbit 2A-Pelaritr M At~fNes Acgwsilion el existiA~ rental w+iK PW~duction d auur reeatal units Rehibi ~ exabirp ntntal vats Renal assisEance akquisitiew ottai-stiea~ oMrnar waits IhoJuc4on of #tvn owntc wits Retu~iGkia+df cxittin~ owner waits Nomtownerd+iP assislmate '~~~ Aa~silwn M exisp~y a+eMat way I~rodutien of nawv reeatal units Ik~iiiRtliM+*t sxictie~ dental units MuWI assist~nu Aegni'iliaa M sxi~iaaq ownot wails R~ ~ nctirmwntr unKs ~atlirrn N exist owner wails Ylo+,feoaw~trsAip islistas+c~e llenvl sui+tAasaoe >taonE ltan ienN~ u8ti~ Pey+*~ents ~ ~ ^! I~aw'Hty l:ssed Awsw~q a~era~imn s 3uppea4ve stviae~ :fir : ~FNkM1'I~M CQMTYII~()tWbSMMt 1 1 2 1 N/A ~/A !~M 2 1 t~Meeidialt, ltiaho 31 2fl13'£A~Et Final ltEPC1RT-[)ecetnber 17, 2013 ~~ Table 28 Priority Community Development Needs /~ /~ Priori Need Priority Need Level Unmet Priority Need Doliarsto Address Need 5Yr6oal Plan/Act Annual Goal Plan/Act Percent Goal Completed Ac uisStion of Real Pro ert L Dis sition L Clearance and Demolition L Clearance of Contaminated Sites L Code Enforcement L Public Facilit 6enetal H X See Below 3 Senior Centers L Handica d Centers L Homeless Facilities L Youth Centers M Nei borhaod Facilities M Child Care Centers M Health Facilities L Mental Health facilities L Parks and/or Recreation Facilities H $130,000 Jan-DO 0% Parkin Facilities L Tree Planting L Fire Stations/E ui ment L Abused/Ne ected Children Facilitles L Asbestos Removal L Non-Residential HistoricPreservation L Other Public Facili Needs Infrastructure (General) H X Water/Sewerlm ovements L Street Im rovements M Sidewalks H X Solid Waste Dis sal Im rovements L Flood Drainage Improvements L Other Infrastructure Public Services{General) H X $2&,500 10,000 2000/ 65,000 100% SeniorSeMces M Handicap d Services L Le I Services L Youth Services M Child Care Services M Transportation Services L Substance Abuse Services L Em to ent/TrainingServices H X $12,000 20 7 35% Health Services L Lead Hazard Screenin L Crime Awareness L Falr Housin Activities L Tenant La ndlord Counselin L Other Services Economic Develo ent General) L C/I Land Ac uisition/Dis sition L C/I infrastructure Develo ment L C/I Buitdi Ac ConstJRehab H X 2 Other C/I ED Assistance to For-Profit L ED TecEtnical Assistance L Micro-enter rise Assistance L Other Transit Oriented Develo meat L Urban riculture L City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 32 Table 3B ANNUAL AFFORDABLE HOUSING COMPLETION GOALS ~~ ~1 Grantee Name: Mcridian, Expected Annual Actual Annual Resources used during the period Idaho I'ro ram Year: 2011 Number of Units To Be Completed Number of Units Com feted CDBG HOME ESG HOPWA BE EFICIARY .GOALS N 215 Onl Sec .... . ,.. . . Homeless households 0 ^ ^ ^ Non-homeless households 1 3 ® ^ ^ Special needs households 0 ^ Total Sec. 215 Benefic%aries~ 1 3 RENTAL GOAI;S Sec. 215 OnI ,.. ;. .. Acquisition of existing units 0 ^ Production of new units ~ ~ ^ ^ ^ Rehabilitation of existing units 0 ^ ^ Rental Assistance 0 ^ Total Sec. 215 Affordable Rcntal 0 ^ HOME OWNER GOALS .:.:. . Sec. 215 Onl Acquisition of existing units 1 3 ^ Production of new units 0 ^ Rehabilitation of existing units 0 ^ Hornebuyer Assistance 0 ^ ^ Total Sec. 21 S Affordable Owner 1 3 ^ ^ ^ ^ COMBXNED.RENTALRND...`.' OWNER GOALS ;(SeG 215 :.... Out ................ ., . ,. Acquisition of existing units 0 ^ Production of new units 0 ^ Rehabilitation of existing units d ^ ^ ^ Rental Assistance 0 ^ Homebuyer Assistance f 3 Combined Total Sec. 215 Goals' 1 3 ® ^ OVERALL HOUSING City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 33 ~\ /~ ~~ GOALS i(Sec. 215 ± Other Affordable Housin Annual Rental Housing Goal 0 Annual Owner Housing Goal 1 3 Total Overafl Housing. GaaC 1 3 City of Meridian, Idaho 2012 CAPER Final REPORT-December 17,2013 34 ~~ ~~ Appendix B: Reports y. ., s * 1~~ * ~' .` us. oo.wm.nt N awwp and oeM/itjpn-~ne G(6oe of GmMa~lly MrN~ and Oew4hawk >nlpraeed O~uiarment and i+lbnnaeion CDYG Ac~t-e4~ f~wr INport (GNt) brl~am rar mu MFR10itYi ogee: o~av-mt; rem: eaH ~~ ~1/ of Meridian, Idaho 2012 UPER Final REP{~RT-Qecemb+et 17, 213 35 ~~ -pA rrc 1617 OOOt.ppMRITOWroIIEV(fAlWT10M iDyllslhrhye .MIER~puroCt4ElOFYENTCtiRPORATWro Ebbs: oose r ~ewu-ro, a six ipilYl flMMiy pilti ~ 03/1N2atQ +aaAe~ fundW Amwnt: fsA90.00 Orasm TtMr lkelram Yqr. fi 000.00 Wawrn 3n Pra/rMq YeK OAO ~w Pu60efatitiki: t AdoeaNe 0~ tw M ss roM ~~ MA 20f0 Cur ie a Oue ~ l Cerrrfwlliaet2~Nlttt tMtasyn N+eir ~dbtNis CseMS eaaank epONMaiNli AfatGC Cads: hie feeilMessad laaxswemtnt f~isns106jseYve: S!A (6essrM}(p3) hovNs+doC awiMSnot a aes~ w.aaos +a~rwem.an is rsmus ~ apese or swm era sioAt to ae tNtA_ ,MIpR~WRINI~ Mn~Oe C01iWYtkd W~ tlM MNi0N11 ROSdWin.$b~et ~ CWrlser PINat 2 ROedNrOy ss M iMawsliM pdsNiso v#saxY rmss, WOdiry dtMr3erMierr aM asM b b dssiM+M~ M twbnr wdesha dNkkt as s Mum end YiOAt eras. peu~yiAis desi~niMsn w!I •ven more 1s+rNess>HM Cassnea+ll/DC-. 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NWmisrsnalW' O wMr RANK TiW -or soa Total Mityank ToY1 ttsp oeie ToW Nip anic Toml Whie: 0 0 0 0 II 0 t,l00 NO Rt-eklAhkan Irntrkan: 0 0 0 0 0 0 K 0 Asitn: 0 0 0 0 0 0 10 0 AnleeieoilNNisetAi»icarttialiw: 0 0 0 0 0 0 30 0 wd.aotw:N.atx~ncara~«: o a o 0 0 0 0 0 MtoiioMt In/ISNAitgcsx tYYw R YYhis; 0 0 0 0 0 0 0 0 Asbn Vim: 0 0 0 t) 0 0 0 0 Qat~k7/1iAesn Rwferkan i VVtliit: 0 0 0 0 0 p 0 0 ar~~trattcanwawl a sawur~an o e 0 0 0 o a o oa..~: 0 0 0 0 0 0 ~s o +wr+u-ad0e I~ee: 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 0 iWl: ! ! 0 0 0 0 t,ON 2M femw~aioa MwoeMtlt: 0 0 0 Cry of PAecit~ian, k#aho 37 2Q~2 CAPf R ~aJ REPORT-Lkcem~er 17, .2013 ~\ "` owasr (EM1.. foul hraon E t.« o n a soo Low Moe o 0 0 7so mow.«. o o a too a«~4.«~»+.~ o 0 o ato rwi o 0 o ZAoc reMnl towMeo u.t% s M ~s Nlrs alzra c~e» ~..r,~ l~.«anrr pueauss acau.n in 1low~mws M~~tan. sW,o®o.OONPY~t!Mwsageealwalh.~gras @wacwew+aijaa~rynassaektrankr.ea~NNUUO.i~D.wMown !. 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CABER itr~i ItEPC~tT-C>eeelnbe+' 17, X113 ~1 ~~ r ~~«r-. o«..r RoMOr fatal Pa~saa E~trehMgr ts+r o 0 0 0 loirl/N 0 0 0 0 MadMalt 2 0 2 0 lJSaLairMeMots D 0 0 8 tatat 2 0 2 0 PsitibltkewAMeA Miwal>4ooMMah t00A% b t00.OtL trss aaiMtl M+ielwal a liana ea /yi0 20, 301 t. RtiM s~soaA hewehW Mat~ras aa~eq~tl ~unl~ed a AMns ae 2011 D~osbteeasabiMtucoMrMNNMS.Nfn+aeMVMMetb~4N'natbetrwalM~aMaatltrtuaa~wls~ 2012 ttti5 0 a and elooiq aat awatwte to ane Naa~isA Iar iwoe+s AouxtwN Nr the WpaN st • hews io 10af01m. TAt sr+MOiN 1leatthoN a0ias0 Ne NiaYM~O NnMit O~am PY2Dt0 ~if,,~00.f@! afW aONM ~1 i iw~ ~ 1- The •eesrgisM+ent eats kr Mna Iowa it nwn/N wM+ IbIS AelWi~y a~0. 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Matet0ided enN~encT6ancptooWpnoeb pawNEMnuleo~M • 0 0 0 - M 0 D • 0 tJtett0o0aMel~10~Y~aeMtfr~eleNOrMtAOweltlmelt 0 0 i 0 .~ ~ i • .. _ ......... / \ 0 .........».. .... ..... ... ..~ .. ..... .. ........ ..._ - ......... . .. .....» Cky ~t ty4erWisn, idarho 63 2Q12 UPER Fklal REPt~tT-[)ecerr~ber 17, Z~13 PR84 ~~ /, IDIS -PR84 U.S. Department of Housing and Urban Development DATE: 11-04-13 Office of Community P{anning and Development TIME; 11:10 Integrated Disbursement and Information System PAGE: 1 CDBG Strategy Area, CFDI, and local Target Area Report MERIDIAN,ID Program Year 2012 Totals for al! Areas Number of new businesses assisted 0 Number of existing businesses assisted 0 Number of jobs created or retained In area 0 Amount of funds leveraged 0 Number of LMI persons assisted By direct benefit activities 0 By area benefit activities 0 Number of LMI households assisted 0 Number of acres of brownfields remediated 0 Number with new access to public facilities/improvements 0 Number of business facades/buildings rehabilitated 0 Slum/blight demolition 0 City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2x13 64 ~~ !f'1~X C: ~~ Wotices vo. s~ i'»o • rte. ~o sass ~EC~. t~ac~oF of -raH 3~ E . S.e.L.~~ o{.a. ~ DaNS: t a-~ t. a.n is __ ~' """""~"~1 Q..ra-A ...r ~-yt.t F~ YNan.~oei. ~ ~ ~,1~13 ~ and ..ors: sf~.t ~. 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A'ciey PuliA fprfdab Resldinp M: Haase, Msho tiM Coagt+'ssan r.®'asa: ~ I~Alt~dialte ~i~1 2A12 Ui1t fN-a1 REPQ~T-December i7, 2fl13 Idaho Statesman /teR gel. ?. 3f0i~ ~\ ~~ ~'\ Appendix D: Public Comments No public comments were received during the public comment period or at the public hearing on December 17, 2013. City of Meridian, Idaho 2012 CAPER Final REPORT-December 17, 2013 67 Meridian City Council Meeting ®ATE~ Cr~~~~ a x ITEM NUMBER. PROJECT NUMBER: ITEM TITLE: PROPOSED WINTER FEE SCHEDULE PARKS AND RECREATION Public Hearing: Proposed Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 17, 2013 ITEM # PROJECT NUMBER PROJECT NAME 8C 2013 Winter Parks and Recreation Fees PLEASE PRINT NAME FOR AGAINST NEUTRAL W~~ ~ ~° '... f ! Meridian City Council Meeting ~}A°~~~ bey ~ ~ ~~ ~ fTEM NUMBERS D PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. ~ ~ ~~ ~ ~C~ : A Resolution Adopting the Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date MEETING NOTES r... _oa~ ~~r rr ~. . ~' ~~' ~: 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. ~ 3 _ ~ ~P `7 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on December 17th, 2013, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of December, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of December, 2013. APPRO ~~~T5DA r G~44 , de rd, Mayor ~~ G~, ATTEST: c'ry' ~f ~~l't E IialAN~. IDAHO 9 J.-.CSL `~ ayce lman, City Clerk 'rF ~a~ ~~l lbc THE ASC~~ ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING /"~ NOTICE IS HERESY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of ~daho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, December 17~', 2013, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2013 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become. property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Baton Twirlin $25.00 Blenderized Soa $25.00 Dance Fusion $30.00 Hi Ho to the Beat: Coed $23.00 Ins fired Dance Fit Ballet $30.00 QuickPla Piano $50.00 Youn Rembrandts $52.00 r,~DATED this 2nd day of December, 2013. 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C ~ V N c ~ ~ ~ O ~ c N ~ O . ~ ~ ~ ~ A m ~ m ~ cn H H ~ U = ~ ~ i a a ~ ~ o Q c o m ~ ~ v ~ ~ o v V > ~ , > , > ~, > , Q c ~ ~ ~ o £ ~ z ~ Q O p 2 ~ ~ ~ ~ m m m O ~ ~ Z, ~ ~ ~ _ E _ ~ E ~ _ ~ E ` y ~ c . ~ ~ co Y Q o 3 ~ ~ ~ ~ m Q- m a~ m ~ n ~ 3 E 'c LL LL LL LL LL LL LL C7 C7 = _ _ _ _ _ _ _ _ Y C c c C c c c M r-I O N a-i N r-I _N 7 .a N t U N N N LL d -~ 3 m z O O O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M N M N C4 M O O to r 0 N 0 (D ~ O Cfl O ' tfj ' ~ ' CO 0 0 CI' 0 0 In 0 0 0 0 to ~ N ~ O In ~ O EH EA ~ EA EA EA EA EA M EA ~ EH ~ EA d EA r EA M fR r EA M EA r d'3 ~ EA (p EA r EA M EA ~ q E to EA 00 ER [t d} ~ ff~ Cr r M r ~ O , ff} 69 b4 EA Q O N EA ~ ~ to N N C ' ~ (Q N f0 O C Q _ ~ C O ~ N p fn ~ N Q N ~ N ~ N ` o ~ U E ~ N v~ m 3 Y -~ ~ ~ ` w ~1 N N N E L Y rn c a Q ~ ~ o v ~ o .~ w o ~ c ~ ~ p c ar ~ U ~ ~ o ~ o Q- ~ m i m m c ~ 'co o f o 'u, f° v a c ~ -C ~ rn o ~ n' °c ~ F.. ~ ~ U Z ~ Y W V " C ~ ~ N ~ >, J O ~ N m N a 'C ~ ~ ~ a. Q -O >, E Y ' ~ ~~ ~ O L ~ O O ~ ~ ~ m ~ L ~ O ca ~ Q U (~ C . d E O U N ~ N ~ _ +~ ~ ~ ~ ° o ~ - c`a `m a~ :~ ~ m °~ °~ ~ ~ ~ v ~ " ~ ~ ° ~ c o o ~ uvi ai ~ ~ ~ a~ o Q' c~ v ~ a~ m a~ m a~ .~. c ~ m m ~ o o ~ ~ ~ ~ ~ . m a~ ~ c co ~' v ' ~ '~ m o v ~ Y Y J J J J J J ; ~ ~ ~ ~ g ~ ~ ~ z O O a a . a a a a a C1 C3 ~ cn cn cn M r-I O N n e-I N ei N 3 G! t V N N G1 LL a M r-I O N n r-i N a-i _N 7 N t U N LL d G 0 (fl 0 O N 0 0 0 0 0 0 0 0 0 0 0 0 ~ 00 00 to N O d' 64 ~ ~ M M EA EA EA Ei? Et? N N m (D U Q c N ~' C N N O ~ N _ Y ~. ` ~ ~ o Q U '~ U w N N C7 m C7 0 (0 I0 (0 L L ~ ~ .Q 7 7 ~- ~ N N N M e-i O N n r-1 N a--I N N t U N N N LL a Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: $E PROJECT NUMBER: VAC 13-006 ITEM TITLE: MERIDIAN MATTRESS FIRM Public Hearing: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision 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: December 17, 2013 ITEM NUMBER: $F PROJECT NUMBER: PP 13-031 ITEM TITLE: KNIGHTHILL CENTER Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.1 1 Acres in the C-G Zoning District MEETING NOTES /' . ~ 1 ~ //d ~/~ ~/ ~,tyi~.~,~..- 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: December 17, 2013 ITEM NUMBER: $G PROJECT NUMBER: M DA 13-019 ITEM TITLE: KNIGHTHILL CENTER Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. # 1 06 1 22368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision MEETING NOTES G~~ 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: December 17, 2013 ITEM NUMBER: $H PROJECT NUMBER: RZ 13-013 ITEM TITLE: CASA BELLA SUBDIVISION Public Hearing: RZ 13-013 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R- 8Zoning District MEETING NOTES I ~ ,ems ~? ~' "~ r ~~~ 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: December 17, 2013 ITEM NUMBER: $~ PROJECT NUMBER: PP 13-032 ITEM TITLE: CASA BELLA SUBDIVISION Public Hearing: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty- One (21) Residential Building Lots, One (1) Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts 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: December 17, 2013 ITEM NUMBER: $~ PROJECT NUMBER: AZ 13-016 ITEM TITLE: SOUTHERN HIGHLANDS SUBDIVISION Public Hearing: AZ 13-O1 b Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 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: December 17, 2013 ITEM NUMBER: $K PROJECT NUMBER: PP 1'~-n'~~ ITEM TITLE: SOUTHERN HIGHLANDS SUBDIVISION Public Hearing: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 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: December 17, 2013 ITEM NUMBER: $~ PROJECT NUMBER: FP 13-042 ITEM TITLE: BAINBRIDGE SUBDIVISION NO. 2 FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of Land in the 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: December 17, 2013 ITEM NUMBER: $M PROJECT NUMBER: ZOA 13-003 ITEM TITLE: AMENDMENT UDC TEXT Continued from December 3, 2013: Public Hearing: ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts MEETING NOTES ~- C~- ~ E~ ~~ ~~- ~, ~ ~ cs~ ' ~~ ~~~ 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 17, 2013 ITEM # 8M PROJECT NUMBER ZOA 13-003 PROJECT NAME UDC Text Amendment PLEASE PRINT NAME FOR AGAINST NEUTRAL ~.~ < ~~ 11 2Q~3 CIT4' OF Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: gyp, PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT BUDGET AMENDMENT Community Development: Budget Amendment for Community Development Block Grant (CDBG) for the Not-to-Exceed Amount of $293,913.00 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 Z 0 a E--i o Q~ w N ~f C t V O ~:. ~0 'i 4 O a a Q ~° .y as a p o ~ > ~ a~ _ ~ c a~ c ~ ~ •~ r ~ J N V i .;.: ~+ ~ ~ ~ a ~ U ~ .«' ~ ~ c LL ~ ~ d L N a~ ~ ~° a~i f6 ~ c Q O O ~ ~ ~ "~ = N O ~ ~ d Q O ~ ~ m (6 ~ ~ ~~ U o ~ ~ o u`_ ai Z Z V C d d LIJ C ea N •+ N H Z W Z W Q H W ~^ ...I a~ ~_ a~ N O m C_ '~ G 7 ti-- (0 c O '~ N N O m m c O c~ L U C ~ ~. 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O ~ N ~ ~ ° to c N `~ r N N c` N O N C1 N m ~ ~ Q ~ .Y ` O ~ 3 ~ ~ ~ d 0 U li a > o > W Z Z y 0 O ~ y V O tD O r N M 1n ~ O O O N N N O O O O W a V V O O r ~ r et r at N mo N d' N ~ N d' J Q Q O k O T i W ~ r } x 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O 0 O 0 O ~ O M O 0 O 0 M y 0 ~F ~ V M M ~ ~ M ~ ~ OMi ~+ N r Fn uq u> F» v> f» F» v3 U 7 ~ W ` ~ ~ ~ t ` ~ L ~ O o Y - f0 ~ (6 .~ ~ N N ~ Y U (~ ~ Y a ~ ~ ~ ~ 7 O 'er y ~ m 7 f0 ~ p v O O U - O C C Q ~ d C 2 ~ 4? p -p ~ O L r ~ ~ w ~ ~ ~ O C~ u oo U ~° ~ o~ Z . a~ M M M M M M M F- K ~ ~ ~ ~ ~ ~ ~ w o S 0 o 0 0 0 0 0 0 o 0 d a o W a C m m ~ ~ m a o ~ O ~' L °v OD °v aD °v W °v W °v m °v aD °v m J Q N N N N N N N O O O O M rn N d ` M ~ N C d X W ~ r bq y t0 . 7 ~ ~ ~ ~ ~ ~ O W U C ~ ~ a H ~ O U ~ ~ U O F- C9 T m m c LL O ~ 2 C 0 .~ d U ~ Y U ~ .~.. ~ 3 o N z ~ a ~ _ ~ O ~ .C ~ ~ lC o U ~ N C ~ N _ •~ . ~ O •~ O ~ O ` M d- M G1 rn (7 6 ~ rn M N ~ N r Ei, ~ tf, N 7 N F- ~ ~ Z W i a ,~ ° O ~ a Z O o ~ o o ~ J ~ D = J a ~ ~ ~ a O ° ~ 7 -~ r 1~ Q N ~ ~ U U t .... r ~~ C ~ O L S V N O C '~ C ~ w ~ ~ O ~ ~~ ~ ~ c O ~ ~ ~ d m v, w ~ ~ ~ d ~ a ~ C V ~ ~ C .a ~ ~ ~° c C .~ m ~ ~ o ~ ~ m ~' £ o eC y ~ C m U Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R City of Meridian, Idaho 33 East Broadway Meridian, ID 83642 . t'rojecVGrant No. 1. 6a. Amount A~ B-13-MC-16-0006 293,913 5c. Grant Agreement: This Grant Agreement between the Deparunent of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions/addendums, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incuned after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre- agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities For environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-rec~ient entities to which it makes funding assistance hereunder available. d' U.S. Department of Housing and Urban Development (By Name) Grantee Name / Doug Cazlson Tammy De Weerd Title Title Director, Community Planning & Development qor•-----------.~_._, Signa ~ Date (mmldd/yyyy) Sin Date (mm/dd/ ) ~t . ~ a ~t ~ /ti h l lro7/2o 13 , ~ 7. Category of Title I A istance for this Funding Action 8. Special Conditions 9a. D Received Submission 10. check one (check only one) ® (check one) ~m ~/dd/yyyy) 08/08/2013 ®a. Orig. Funding a. Entitlement, Sec 106(b) ^ b. State-Administered, Sec 106(d)(1) ®None ^ Attached 9b. Date Grantee Nofrfied Approval Amendment ^ b HUD ^ Ad (mm/dd/yyyy) 11/07/2013 . A d N b c. - ministered Small Cities, Sec 106(d)(2)(B) 9 D t f St t f P Y men ment um er ^ d. Indian CDBG Programs Sec 106(a)(1) c. a e o ar o rogram ear , ^ S l U (mm/dd/yyyy) 10/01/2013 urp e. us rban Renewal Funds, Sec 112(b) 11 A t f C i D l ^ f. Special Purpose Grants Sec 107 . moun o ommun eve opment ty , Block Grant FY (2013) FY ( ) FY ( ) ^ g. Loan Guarantee, Sec 108 Funds Reserv a d f thi G t . e or s ran ee 293,913 b. Funds now being Approved 293,913 c. Reservation to be Cancelled 0 11a minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and comolete Add ress of Public Aoencv Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafrer in effect, pertaining to the assistance provided it. HUD Accounting use Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/ddtyyyy) ~~~ooo d d m~~~ooo U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 (exp 1 /31 /2015) 3a. Grantee's 9-digit Tax fD Number: 3b. Grantee's DUNS Number: 4. Date use of funds may begin (mm/dd/yyyy): 82-6000225 028 451 367 10/01/2013 Project Number Pro ect Number Amount Amount Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: PARKS DEPARTMENT BUDGET AMENDMENT Parks Department: Budget Amendment for New Workstation for Marketing Coordination for Not-to-Exceed Amount of $5,607.00 MEETING NOTES ~~~~~ 1 ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C ~, ~, ,~:_ ~' A y' :~ L, --ro ,a ~~. N ,~ r E is a~ C U C .~ O ~. Q I~ ~~ ~~ Q~ :~ _~. sQ: .' 'C, r'4~ ~i ~~i ~, 3',. `~ ; - ':~ A ~ U c m d ti 0 co ui L 'a ~} ~ '"' ~~ ~ ~ _=7:~ ~ m S,; _- .. +p,; ~/ .U .~#r.,' ~ ~ ,L9, ,:p- ~; .~_ ., o ~- ~ c C~ 'p: ~~ 3 ~ ~; ~ ~: ~ ~; o. d ~~ o a?; .3r ~ :~, C VJ. ~r:' E ~' o ~ LL Z, ~.: Z_ V c d c~ d E W c O r- N w N F Z W Z W Q r W 0 m G3 L_ as 0 c .~ i~ c 0 f~ N a' v O N N C C N a~ N _R N ~ H m ~ ~ ~ .C c4 c .y'~ t a C lE rn c .~ N t~ 3 N _~ U V1 w D N 0 .~ a .~ P L 3 0 c 0 V m d Y d CS O C O m N d U L V A N R u a 0 .. m N a ~~ ~~ .~ Y _~ -~ •- o .° 3 ~ c c E ~ r z w m ro m 3 N a ,~ c 'C :c d C f0 3 E OJ _~ a~ ~~ 'u m ~ ~° H u .~ C C Z] ro 7 ~ 3 h0 G ~v e a A 3 d A d~ N LL ~ C a• E Y u 3 U M R ~ o E `a o n o °' a U m X Q.1 a C c N n. c a~ a~ U .C n m N t ~U ~ ~, C 4= ~ O ~ ~ ~uf t 7 a~ ° H V a~ ~ N o O N a o ~ Q m c w~ ~ ~ Q O .V N N ~ c~i ~' .a 7 a C ~ a ~ ~ C E '° ca ~ d ~ rn~ ~' c N p~ _ ~: ~ a aCi 'v ~ E = a ~o~_ ~ c1 ~ ,~ c V ~ ~ ~ ~ V N O "" ~' ~ ~~~c R 'v .a .°1c m ~ ~ ~ E ~ ~ Q Q N ~ ~ ~ ~ OY ~ V •~ ~ ~ ~ o ~ ~ ~ ~YNd} O~w"~ R ~ ~ .~ '~ c ~ C '~ C.= N E o '` ~ as 'o ~ c m ~~. ~~~oQ r~3~ a-o ~~~~~ `~ C ErW ~ 10 /~ 2 ~` W ~ C C ~,a~a~c~ ~ m 3 s womc.,>v O a U f0 U Q r prf N ~ c`v c ~ ~ H Q LL ~ 0 O (~0 c .0 O O U _O c O fYII Y O 3 Z :: F- m C. .` ~ p H Z W Z W Q H W m Z O ~ w Z Z O a Q ~ ~ ~ ~ M, ~ .-. ~ ~ (6 IQ N I ;' ,,~~ J J Q w ~ w ¢ ~ -~ U Q O d ~ ter m 0 Z n~ r M J ~wz ~ ~ H O O O O } 2 O n Z ~ „ 0 O z ~+ C O oQ 0. , 6~! , fA , (i? , ER , ER c O ~ 3 is ~ o ~ o ~ a a ~ ~ d E K W ~ a C ~ F- ~ O ~ ~ ~ ~ N ~ U m ~y ~ ~ a~i Q ~ Y a U ~ E s C c ~ ~ O ~ ~ ~ w Z Z N Z U ~ C y ~ ~ O 0 t0 0 N 0 ~ ~ N N N M N u~ N ~ W a V V ~ O ~ V e -- a ~ v N v N ~ N v N v Q Q d O a x W )- O }` es ~ W O h O ti ~ E o co ~ 0 co ~ ~ d3 EA c L N . c 3 otS a> ~ ~ ~ 3 O U r ~ ~ ~ z O ~ W 01 r ~ ~; W d O c J ~- ~ O O H o. a ~~ ?. ~ (O Q N ~ °' a ~ m ~ ~~ C C tY.l h °~ c f6 '~ ~ LL J o O ~ ~ O C ~ l4 o ~ c ~ ~, ~.m~ o ~ ti ~ ~ c O (C p~ J ~ ~Q .~ 'O U m ~ ~ O ~ O O CJ Q y N N ~ oQo~~ ~ U ~ ny, ~' ~ 0 ~ N E o 3 d o c ~ d - c °'~~3~ d~ ~ mdE~ ~ E ti ~ c Q Q m ~ ~3--~ aci vi 3 3 ~ m c d c c m- o E a~ ~ a t6 r r c O ~ a m m ~ ~, c ~ ~ ~ Li ~ 0 O O co d ~ 3 'a C ~ w E r ~ of d . . r ~ c F- O W U O ~ Fa_- Q 3 Q O p U ~ ~ Q Z U ~ C7 d L N U G e ,o 0 io a N ~ Y ~ ~ O ~ 3 a o~ ~ ~ ~O a ~ -a m = ~, d N V a c C fC O ~ U C O ~ N R ~ c "O W p ` 'O y V N 3 w Y ~ C ~c ~ ~ U ~' 2 m o ~ c d ~ -p U v ~ ~~ ~ ~ ~ ~ ~ a m c $ Z ~ ~ m ~ a ~ ~ v m' o w ~ ~ _L c _ R U c 3 ~ ~ ~ ~ C_ ~ ~ Q (A m ~ ~ 2 ~ O L +. ~1 ~ Q N m E r ~ d N Z O ~ Z ~i T N 0 c O = ~: O N U ~ ~ V J O O r h ~ ~+ co t ~ V L N O C R ~ C 3 f0 `~ E ~ o`er ~ 3 V V c Cf d m ~ rn w 3 ~ ~ d ~ 'Q V C ~ ~: to c ~ c`a r' ~ ,a~ E c ..-._ m ~ `. E r f0 N ~ C m U Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: PURCHASING DEPARTMENT DISCUSSION Purchasing Department: Public Safety Training Center Discussion -Agreement Forms MEETING NOTES ~ pyre c~ ~u l~ ~ ~~~~ k,~ ~ 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS .a..,J .. Robert Simison ~~~~~~ ~.f . } ~ , Dave Yor ason <d or ason6C~gmail.com> ~' ~~~ `m From: g Y g ~ • Monda December 16, 201312.42 PM -I -~ Sent. Y. To: Robert Simison ~c; 'Dave Yorgason'; Frankie Hickman;'Steve Martinez'; Jeff Thompson; joeC~berkeleybuildingco.com; John Seidl ct: Dual Water Source and Secondary Street Connection Requirement -Comparison by City Sub~e Attachments: Dual Water Source & Secondary Access comparison by City -12-12-2013.x1sx Hi Robert, Attached is the summary comparison of each City in Ada County, Nampa, Caldwell and United Water in how they address (or not): 1) the Dual Water Source requirement and 2) Secondary Street Connection requirements for new develo ments. We performed this analysis based on the requestfrom the Mayor and City Council during the December p 3rd City Council Meeting. Two comments:. 1. Re~ardin~ secondary street connections: Most Cities defer to their local Fire Department and in these cases 30 homes is limit to a single access.. However, inmost cases the Fire Department and/or Planning staff recognize the need for flexibility and review each project on acase-by-case basis. Sometime other alternatives are allowed. We ask that the City and Fire Department be open minded and flexible when implementing this code so as to not add to much additional cost or burden to development, 2. Re~ardin~ dual watersource: You will notice that no one in this study has the restriction that Meridian currently implements of 25 (or 30) homes on a single water source. We ask that the City direct its staff to stop implementing this policy today due to the significant burden to development. If this policy continues, it will either significantly raise the cost of doing business in Meridian or shut down growth in many areas of your City's perimeter. Can you please forward this onto the Mayor and City Council Members? Also, is it possible to presentf discuss this item at the Pre-Council Meeting on December 17tH? Thankyou, Dave Yorgason o~ n Z ~ D ~ ~ c ~ _. ~ ~ _ ~~ r+ ~ ~ ~ ° ~ ~ ~~ ~ ~ ~, - ° n a ~ 3 ~ ° ~ n _ ~ ~+ -~ ~ Z ~ -I Z Z z Z .~. ~ -I ~ O ~ n ~ ~ ~ Q N Z p 0 ? 0 ~ ~D ~ ~ 0 0 ~ 3 ~ 0 0 0 ~ ~ _. ~ ~ ~ rr ~ fD D f ~ ~ ~ ~ fD ~ ~ fD ~ ~ ~D '~ 0 70 ~ ~ N Q ~ ~ rt ~ ~ ~ 0 ~ ~ ~ fD ~ tD ~ ~ ~' ~ ' ~ rt ' r+ ~ ~ ~ cn ~ ~ r+ 0 O. ~+ 0 0 < n n ~ ~D O. -~ 0 ~ 3 0. cn ~ ~ ~ ~ ~ ~ 0 0 0 ~ ~ _. ~ ~ cn ' ~D o' ~ ~ _. ~ ~ ~ 0' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ oa ~ ~ r~ ~ ~~, ~ ~ rho ~ ~ -t, < ~ = ~'=* ~,~ '~~~ < 0 0 0 0 -r, _. -- 0 Q N ~ fD ~~ ~ ~G C~ _. _, rt 0 CD rt ~D ~ ~ ~ ~ ~ O ~ ~ ~ ~ < Q ~ ~'' ~ p + ' -~' ~ .. ~~D 0 n ~ ~ fD n fD cn ~ Q. ~ II. ~ ~ ~ ~ ~ u+ ~ 0 ~ 0 ~ 0 '~ ~ ~ ~ fl ~ 0. ~ ~ tT ~ -~, ~ ~ 0 ' ~ ~ ~~ ~D ~ n ~ ~ ~ ~ ~ 0 ~ . ~ ~ ~ ~ n ~. ~, ~ ~ o ~ ~ S ~ ~ 0 C ~ G ~D cn to ~ p. ~ ~ ~ Q ~ - ~+ ~ ~ Q, ~ ' ~ < - fD 0 '~ ~ ~ ~ n . 0 ~ a ~ _. ~ -• ~ . ^ o n o ~ ~ ~ D. < C o 3 ~ ~ ~ -~ - ~ ~ ~~ rt _. o ~ 0 ~ 0~ ~ rt ~ .~ ~ ~ ~~ °o~ -• ' ~ ~ ~~~ ~ a~' ~', ~ ~ ~ o ~ ~ a ~ ~ ° ~ o '< o ~ ~ cn N Q C ~ ~ < ~ ~ ~ _ 0 0 ~ Z 0 p ~ ~ ~ 0 ,< ~ ~ ~ ~ p = rr rt _. ~ _, r-r 0 ~ -n ~D ~ ~ p ~' ~ ~ v m ~ `~, Q. T _. 0 ~D 0 _ Q 0 ~ ~_ o ~ ~ ~ ~ ~ ~ ~ CD ~ ~ ++ c n 0 0 0 0 ~ ~ ? ~ .~ 0~ ~ ~ TI ~ ~ n ~ _. W O ~ 0 ~ ~' CD ~ ~ ~ ~. p O n c~'n O 0 ~ ~ ~ ~ 0 ~ Q. ~ x, 'p , '0 ,Q ~ ~ ~+ 0 .Q ~ ~ ~ ~p O ~ ~ ~ 0 ?, ~ ' ~ ~ ~ fl- ~ ~ V1 ~ rt rt ~~ ~ ~ ~ ~ ~ n ~ ~ ~ _ 0 , n ~ ~ ~ n + ~ ~ ~ o. rt~ ~ ~ ~ ~ n' - 0 ~ - ~ 0 0 r 0 -' ~ ~ o Q. rr ~ ~ ~+ fl. ~ ~ ~ ~ ~ ~ r+ r+ 0 -~ ~ ~D _ _ ~ ~ ~' Q- ~D ~ ~ ~ W ~ ? Q- 0 ~+ ~ p p' ~ ~ x O. ~ (D 0 ~ ~ D cn' -h Q ~ ~ ~ ~ Q fD fD 3 Q ~ ~ fD ~ G. ~ 0 n fD . ~ ,G ~ ~ X, _. rt ~ ? ~ ~ ~ Q Q ' ' ~ ~ ~ +0 3 u , ~ n ~ < ~ fD ~ fD p ~ ~ 0 ... ~ ''~ 0 ~ ~D ~ O i ~ ~ t~ . ~ N ~ p n v+ o ~ o rt o ~, ~ -~ 3 ~ v . r~ a ~ ~ _~ ~+ c ~ < rt ~ ~ ~ a i ~ ~ ~ ~ 3 ~ , ~ ~ o ~ ~, o~~ ~ ~ ~ ? D = ~ o 0 3 v fD r~ ~ ~ ~. ~~ ~, o N ~ O 0 W ~. D Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. ~ 3 ~' ~~~~' : An Ordinance for Annexation (AZ 13-009) of 26.53 acres to R-4 located North Side of Chinden Boulevard and West of N. Ten Mile Road known as Spurwing Orchard East Subdivision. MEETING NOTES t~ ~. 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 Chrisbpher D. Rich AMOUNT .00 a BOISE IDAH012124/13 12:36 PM RE ORDEO-REQUEST OF ~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ~~~ Meridian Ciy 113136645 CITY OF MERIDIAN ORDINANCE N0.~3 ' I S ~~P BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-009 - SPURWING ORCHARD EAST) FOR ANNEXATION OF A PARCEL OF LAND LOCATED BEING LOT 10, BLOCK 1 OF WESTWING ESTATES AND A PORTION OF THE SE'/ OF THE SE'/ OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; .ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Brighton Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION S. That the City Engineer is hereby directed to alter all use and area maps as well ~ as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION - SPURWING ORCHARD EAST (AZ 13-009) Page 1 of 3 ~1 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) sepazate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full ~ force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1~1 ~ day of ~ Q,c a_,rr•.lo.e,~.. , 2013. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of _ 1 , 2013. AYOR ~ -de. ~?VEERD ATTEST: ANNEXATION - SPURWING ORCHARD EAST (AZ 13-009) Page 2 of 3 /~1 ~1 STATE OF IDAHO, ) ss: County of Ada ) On this r ~' day of T~ r e +~,~ a/ , 2013, before me, the undersi ed a No in and for said State, personally appeared TAMMY de WEERD and JAYC EL.~HOLMANublic known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. c ~S ~ pTA$,~''~p• : TARY P IC FOR AHO .'a, ~ RESIDING AT: _ ~~- ~cl ~ ~ v~ ~ MY COMMISSION EXPIRES: a +. • ~ ~O: • . pvaylG ~i-` '"e- •~••'~f'E OF ~•~ ••....~' ANNEXATION - SPURWING ORCHARD EAST (AZ 13-009) Page 3 of 3 ~'\ L7~HIBIT A . Legal UeseripHon ! °~ ~p ~"~ a Page i of 2 ~k ~rirt~ f,;~ti, rq~~u~; ~ioa. August 39,l01~ Pro)ect X10, 3 X3098 I~hiblt "A" 3FIJRWING ~A51'$it(F~IVtS1oIV ANNEKATION ANb R~~O(dE~0iE5~(tIPTi01V A parcet of land being Lo(10,.~loctf 2 of W~~lW~,i~ EstcMs o+1d q.jiolipp of lh~ SE 1/4 of the,&f /4.. of5ei:ibn 2t, fownsh(ft !~ No,~li;~~g~nga i'Ullest, Uol~e Meridian, ~ylerfdlan, Ada County, Idaho, more partlCilarly descriVetl es Fo1b.Ws: faommerning mf .the Sectioh.t:o~ner.commeri to Seclians 22; 28, x6 and 2y of aald Totivnship 4 North, :flange i We=t= ,. ... fihence North !19.17.35" We~ta distance of 554197 teat rin (tie Sectio;p t.l;ie torrpiwn to said Sectbns ~`~ !~Y and 27 to the I~t)INTO~ BI~INji11NG; - Thence mntinaing Na~t[i fiQ'i'/'3§° Wy~l a diitancg pf 73f1:~7 (eei on the'Section tine wrnrnon to said 5eitlans Z2 ii~d.~y; Ti~ente IVor1h;.00`,2~i45"=EBSs a d[stance of i33ti.93 feel, a°ppftlo,~:~f,~ f!1d, li~.e Lefng olt the e>sleiiejrbountla(yi+hl~ p~lAiestWing Estates, as sefna (;.3howil pn'the p~t'thor~oFrecorde~! to -000k 70 0~ t'rdts at Pa 7~SIO.if /1de Colinly Recorrls;'to tli4 ~iqg~ oornerof ~ahi.lbt 10~ ~'~. 'Flleirco on the.eiterfor b011il~pry line of said 4oC ~0, (floc~C.l o . Wpsl4Wng ~atates for tile. Following courier A0tl itistpr~e;: Theilt~;SpiRN 89`~~'31" E'i13~ a. ill;t;rmce of 9G71g~ Feet tforjnerly`cle3c.~tlcd as 967.33 feet) ~ `14e nartlteaStCoYltefofs~ki:liff~b; . Tlonce Soutry gtY~oY~a";ijVe#t a dlatani:e'ofBA.ZD. fee11 Thence.NorlH..84~3SV'Z3?'_~iSsF n distance of 54,011 Feet to a pdini o~,ct~rire;,: ,. ,. .._.. Thenco'242/59 td~t o~_~~`~i~ R.f..:R :~4trve to the kit, said ccliY? ha~In6l?radf+u of bO,QQ:fegt, a ce~tra) an~k o~`xG3'~•~'5~K.a digrd beating of'South OtE'38!A".yVatt,'and a chord. ~tstanee of 98.95 reAf 1A'A Mnln! ~hi Mailaiee wilni., il~eilcq 25.6 Fee~,+pri (Ile,d~cp(a curve to the.rlghy slid curve: [iaylriga.,~dfu;.qf=0100. Feet, a ~efttre! angte:of 7$"x3'58'{ d chord b~earin~ pf Sotrtli 96'~ls21" Earl, niiJ $ rliorif dlstanaa of Thence 5qutl~ 00.20'3B'1IA-~st.a distence.'.of 7 -b.20 feel (tor~efi~ ~IeicPfbKf g3 750.34 feet) to a point of arve; Vence: ]45;2 ra$f oij the ae'c vf.. a.;tunrg ,gip rho right, Bald cprve heVi(1~ e. rddfu; of 125,Q0 feet, a 'ientref angle of t3ttd3'26 ~ o,4hor11 keatipg aFSquth 93'37'1(." Weal, on't_(a:~hord illFtancC ~f ~~7,i~ ~44f. to ~ point of reyer¢e clittie; fif iept!pZQ3;30 feet 8toi~ the $rc of a ~t1FVe to the lefl~ sitkl curve hevicig a PndfNs'gf 175:D0 (eot, __•..._ 1C4Mra..! a,~ld of 6d'33'!iQ", a chtiro li~%rldg of ~i>4-t1133'i7'24u.t~llest,. e±it g.~iord .dlsjiirtCe of ~ts~Ab,fee~ v ~..,.';1 ,.. .rll;:(r,:..)lil'~, it.xr. it u•~7 r.. ,.. °i ..{. •,li. 1,. ++tl , . !!1. r:~11:..1..-:Ii•.1, .. I;i•If•~.Y i::.N:1•Y:i-y(,i•ii ~4,. ~i[a`~r ..:.. :5~.. IaL~7."'!1~ ~ •,.1;. :r•1:, 1'~ilr, •rf•r '~,.. •i: ..~,~ .~Y.~tlliBlN• ~Olro71Y.t411f Spunping .~Jrcllijrd dal ~1Z-1,~-0t)Q. ~ EXHIBIT A ~y ~~,i Page 2 utz A J i ~i~Ca~~ Thence 5ou[Iti W'20'Z4" West a distance of 136.96 feet to [he point of beginoing, Said pates[ conldUts 2G,53 acres more or less. PitEPAREp BY: TFlE t/4ND GROUP, JNC. r } lames Ji. Washburn Spunving Orcbarci Last Az-13-OQ9 n ExHrerT 8 s.ze ~ s.zg ~'1 ',ir ~--~ q ~~ M" Y-- Ali ~ .iY ~Y. ~11 YFV~~r ``(( 1~ , ~~~ ~ ~ U ~ ~ ~ ~~ ne Table ~ SE~~ ~~~ lENGTFI ~ ~ 1 u S00''20'JB'W ~1se' ~ f f ~: llas~`2z•11- sago' I lJ S001D'Y4`fY 13496` ~ ~ ~ ~ r Curve Table ~ ~ SEC1dfM LENGTH RADIUS DELTA CN r~tC CH LEN i~ ~ CI 112.59' Sa00' 16J~4'02` ~5~8'11'Y1 9a9S ~ + C2 85,89' 2aOD' T3'23'6A' SJB~IZI'E ?39G ~ ~ ~ 115.21' 125.00' 003'28` S33'JT'21'W 13T,IQ CI 203.J0' i1b.08' 08'33'!Q' 9J3~7'N'14 192.08 + ~ j 1 /~' 1 i ~ ~• ~~~ 1 ~' ~ . `~."-"" "".°` `- llo n raa;~ `--..»..Q.~.._.._...._ .~ _ _ S.22 15.23 No~'l i'as~r ss1,9r'~' _ " " '~ s.2r s.2s ~gl_y1v,~xarroN ~xwrerr `- '~-~-- '" wrw~ r~u r. as ~..®.,. 1 ~~ a i ° ~:~"'.~anouP ANNEXATION EXH181T ~,.~ ~"..~~'~'~°:~"~.aH.~~~s SPURWiNG EAST °~~' w5 -,.. _. -++•H~+.u,aw.i.~.-rr--v.4~MWM. MERIOW~1 - _. lOAMp Spur~ving orchard F.us1 A7-13-009 & I'p-13.421 ~"1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13- 15 ~~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a pazcel of land being Lot 10, Block 1 of Westwing Estates and a portion of the SE '/a of the SE 1/a of Section 22, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This pazcel contains 26.53 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 Eat Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the Z3 day of I , 2013. Qo~,gap AtlQtl~,! ~ t,°a 19`~ i O ~ lan ,~,Q ,~' Cif' °f o d ity Council (~y~ E IDIAN By: Jaycee L. Holman, City Cle ,,, SF.AI- J~„ First Reading: ~ Z -11- l 3 dr6~ °J ~6 e taE A6~e~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES DL NO Second. Reading: Third Reading. ---- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13- IS ~~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the le al advisor of the City and has reviewed a copy of the attached Ordinance No. 13- IS ~(~ 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 ~P "~ rte, 2013. Wi iam. L.M. N City Attorney ORDINANCE SUMMARY - SPURWING ORCHARD EAST (AZ 13-009) Meridian City Council Meeting DATE: -December 17, 2013 ITEM NUMBER: 10B PROJECT NUMBER: STEM TITLE: ORDINANCE NO. Ordinance No. I ~ I `~ ~7 : An Ordinance (AZ 13-007 -Hacienda South Subdivision) for Annexation Of A Parcel Of Land Located at the East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road; Establishing the Land Use Zoning Classification of Said Lands from RUT in Ada County to R-8 (Medium- Density Residential) Zoning District and Providing an Effective Date MEETING NOTES r ~; '.t 9,.~~ a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christ her D. Rich AMOUNT .00 ; BOISE IDAH012124113 12:36 PM DEPUTY Che Fowler III IIIIIIIIIIIIIIIIIIIIIIIIIIIII~ I III RECORDED-REQUEST OF Meridian City 11313b646 CITY OF MERIDIAN ORDINANCE NO. (3 ' ~ ~ g~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA 1"~ AN ORDINANCE (AZ 13-007 -HACIENDA SOUTH) FOR ANNEXATION OF A PARCEL. OF LAND SITUATED IN GOVERNMENT LOT 2, SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER (NW '/.) OF SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE, MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETEN;MINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT AND R-1 TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit:.Iayo Investments, Inc. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT and R-1 to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well ~ as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION -HACIENDA SOUTH (AZ 13-007) Page 1 of 3 r~ SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of L~ , 2013. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1 day of ~2 .2013. -~~~ YOR T ATTEST: ~e>°~i~E'Vn'~U~G'''~ ~ ~` jyGW JAYCED~L. HOLMAN, CITY City of ~E IDIAN~ r- ioano ~~. 5~~. ANNEXATION -HACIENDA SOUTH (AZ 13-007) WEERD Page 2 of 3 ~~ ~1 STATE OF IDAHO, ) ss: County of Ada ) On this ~ day of ids ~m 1~ ~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~ ~t,Q'~,~*R'y ,~'•,~ ;~/?~yO i ~ { f"~ j • .~, :~~~. ; e. ~ •, ,'~.' ~~ ~`~-- ~...•~ N Y PUBLIC R IDAHO RESIDING AT: ~~~a(~ c~h ! MY COMMISSION EXPIRES: ~_y ~ >o l,,.,I ANNEXATION -HACIENDA SOUTH (AZ 13-007) Page 3 of 3 EXHIBIT A Legal Description ~JJ. Howard Cansuftfn fneers Haofarda.Soulh 8rrbdh~ision l`or~ ParoN •A• a paroN a wns situated in t3owrnmsM tot 2, sadbn 30, TownsMp 4 tVorth, Ran~te 1 East, tloia Meridbm,/1da county, Idatro, mays PartloWarty daalbed a bbwe; . e.pb~a,a at tha Walt quarMr comer a sRid 8.dfon 30, marked by a bond 3.112" Buss Cap; therm North 00 deara 00'00" Fast, 7,76.14 taN, akxra the Worst brie a eakf 8ecction 30, b a point marked by a set P.K. naN and washer, L.B. 474; thence North 88 deynes 41'22" Eq~ 26.00 hst, b a point on the EaNrty ripM of way Mrra of Math Meridien Road, marked by:sat K' I.P. and cap, L.B. 874; thence ooMintrkp North 8ti dearas 41'22' Eat, 107'4.72 teat, b a point on the that 1118 Mne of said 8edion 30, marked bl- a eat 5Jd' l.P. and pp, L.8.474 Nnrros 8ou1h 00 dyne 04'36' West, 7t16.d6 het, ak-na saki Was11Hd Ifrre, b the CsnNr- Wast 1118 comer. marlted by a set tN8' l.P. and cep, L.8.474; tMnos South 80 deybes 40'3x' 1Nest,1073.d8 tact, alorp the EastlMlaet mid~acdorr 1Ma, b a Point on Nre Erarterti- right a way Mns a NoAh Maidien Road. marked by a at K' t.P. arb cap, L.8.074; benca 80trih dg deQiaae 40'32" West, 2b Net, b the point a bptnnkta. des toMaMrxibed pact Lot 1-a, w panosl t~or deed niease purposes, Canrnerwkp at the West quatbr oomar a said BecNorr 30, rrwwked by a bard -1/r' Brass Cap; tirenoe Norttr oo daane 00'00" tiaa, 3a.07 het. Nona IFr. west w,e a saki 13ecUon 30, b • Point: Munoe North N deans 40'67' Eat.640.lto teat, b a paint market kY a set ti-d" I.P. and cap, t»8.874; ttre point orNue beainnktg; u»,ra Norb 00 deQna 02'18' EeN, 204.71 hat b a polt4; Nnnoe North w degna 40'87" East, 204.71 tiet b a point; ihena South 00 define 0x'18" Was, 204.71 het b a point; hence South 8t7 dpna 40' 6T West, ?.06.71 tent b pn point a trw de~ina. Paroet Conbelrts 1ti.Od nixes mono of less. a 7tow~t. 8Y JUL 1 i You MEl;rpr/W GgMibtUNllY DbVELOPMF.~Ir t1Ef'T. ..~,.,w,....~..~...r..~....~.,.,..~.~.M.•.~,..,~.~..~..,~.x~.~,....... „ aee~ w. era air, sa. a, tretM,:a aaroa, Isar} ea-esn, ax ~2os7 a~sau Nacieada South A~23.007 ,~\ BxHiarr~ I LEtiEND ' - -- ..~ .,.._. EASEMENT ' sECn0~1 tNJE $ rouND BRASS cAP ~ r«x,D r PIN ~ CALCU4AlED POINT wer ~r ueec :sad Nw ~ ts~oryt ~~.sr ~p rA~1at •A• r 1f.0Y ACRES ~ s~.oorc tat.7r ~ os' tROOt Barr ~ ~ or ~.orir got»' ~ ti rARQI ~r ~' a~oao~ Nar si ~~~ ~° ~ 1.00 ACNE; ( 1 to et aoo~t ~.zr wr ~d u~c toax~ t ~ _.__ sir ~o a%orw s.~sr ! taw w aoorw Tarr ~ ~ ew +o~ aorc aw.w a`"'io~'e,''~'sa ~ ~s~ ~.rr ~ ~ ~ { ~ ~ ~ ~~ s`r~~ ~ ~e •. ~~a S J . ~.,r. ~owaRC> ss-n ~, o a , w. ~~w~w i` . ~a' r,a ,~n1 A1rIDUl10M CRY 1Ja1MT Hacienda 3onth AZ-13.00 ' NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13- PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land situated in Government Lot 2, Section 30, Township 4 North, Range 1 East, Boise, Ada County, Idaho and a parcel of land situated in the Northwest quarter (NW 1/4) of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, sometimes known as Lot 1-a of RS 904. These parcels contain 20.09 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the ~-3'~ day of __ , 2013. _..-.,._ ~o~cnTSOnvCGsr ~~ ~,Q /_' Gtyof E' ~ l •~/ V- ... •11 V Mayor City Council 'DANA By: Jaycee L. Holman, City Clerk r~yl S ,~` f, EA.L ,., ~~~~~ i~BABUttV First Readin `"' Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES ~ NO Second Reading: -- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13- ISS'~ 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. 13- IS 8 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 ~-t- day of ~r'J/, ~, 2013. TAY' Wi liam. L.M. City Attorney ORDINANCE SUMMARY -HACIENDA SOUTH SUBDIVISION (AZ 13-007) Meridian Cit~O Council Meeting DATE: December 17, 2013 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. 13-1582 Third Reading of Ordinance No. 13-1582: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and Local Amendments (Title 10, Chapter 1, Meridian City Code) 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 ~1 CITY OF MERIDIAN ORDINANCE NO. ~~ ~ ~ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITY, AND PENALTY SECTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2012 International Building Code (IBC), the 2009 International Energy Conservation Code (IECC), and the 2009 International Residential Code (IRC), and that such amendments aze reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS, the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of 2012 IBC and 2009 IRC; and ~..~ WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments was conducted on November 26, 2013, following provision of the proposed language of this ordinance to Associated General Contractors of America, Associated builders and contractors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Counties, Idaho Association of REALTORS®, Idaho Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Idaho Building Trades, by U.S. mail, on October 16, 2013, and publication of notice of the time and place thereof in the Valley Times on October 21, 2013; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 1, Meridian City Code, shall be REPEALED, and REPLACED as follows: Chapter 1 BUILDING CODES 10-1-1: ADOPTION OF BUILDING CODE, ENERGY CONSERVATION CODE AND RESIDENTIAL CODE: There is hereby adopted by the Mayor and the City Council, for the purposes of regulating the ~,.~ erection, construction, enlazgement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, azea, and maintenance of all buildings or structures; providing for the issuance of permits, and collection of fees thereof; and providing for penalties for the ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 1 OF 7 ~ violation thereof, certain building codes known as the 2Q12 International Building Code (hereinafter IBC}, 2Q09 International. Residential Code (hereinafter IRC), and the 2(109 International Energy Conservation Code (hereinafter IECC), published by the International Code Council, and the same are hereby adopted and incorporated in :full as if ,set Earth atlength herein, including all. appendices thereto, save and except such portions as,hereinafter deleted, modified or amended by section 1fl-1 2 of this_chapter. From the date in which this chapter takes effect, the provisions. thereof shall be controlling within the limits of the city. 10.1-2; AMENDMENTS TO ADOPTED CODES: To the extent that any provision of a code as adoptedand/or amended herein conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments. to the adopted codes shall apply: IBC section 105.1 shall be amended with the addition of subsection 1.05.1.3, to provide as follows: 105.1.3 Permits Required For Prefabricated And Mobile Structures. No prefabricated stn~cture, mobile home, or house trailer shall be installed, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. Any mobile home, house trailer, ar prefabricated structure constructed prior to moving. in ar placement on any lot or parcel within the city shall be considered as a building or structure subject to regulation by the International Building Code as adopted and amended by this chapter. IBC section 107.2.5 shall be amended to .read as follows: IBC section 17.2,5 Site Plan. The construction documents submitted with the application far permit shall. be accompanied by a site plan showing, to scale, the size and location of new construction and existing structures an the. site, distances from.. lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with. an accurate boundary line survey, In the case of demolition, the site plan shall. show construction to be demolished and the location. and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit. is for alteration or repair or when otherwise warranted. All. development located in :the Meridian Floadplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 1(), Chapter 6, Meridian City Code. IBC section 109.2 shall be amended to provide as follows: X9.2 Permit Fees. The fee for each permit shall be as set forth pursuant to a schedule of permit fees as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall. be made by the Building Official. The value to be used. in computing the building permit and building plan review fees shall be the fatal value ofall construction work for which the permit is issued as-well as all finish. work, painting, roofing, electrical., plumbing, heating, air conditioning, elevators, fire extinguishing systems and. any other permanent equipment. Final building permit valuation shall be set by the Building Official ~ far all permits that require initial. estimated valuation and final estimated valuation by the ADOATiaN ar 20121N'I'ERNATIaNAL $LILL.I7ING CaDE, 2t~9 INTERNATIaNA1. RESIDENTIAL. CaDE, 2009 INTERNATIaNAL. BNERUY GaNSERVA'rCaN CURE, AND I.UCAL AMENDMENTS I~A(il7 2 al* 7 /~ applicant. Payment of permitfees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid. A new section, section 109.5.1, shall be added to the IBC to provide as follows: 109.5.1 Permit Fee Refunds. Up to eighty percent (80°l0) of the fees paid far a valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the .Building Official no later than one hundred. eighty (180) days following the date of permit issuance.. Plan review fees shall. not be refunded in part or in whole after completion of plan review. A new section, section 149.5.2, shall be added: to the iiBC to provide as follows: 1.09.6.2 Fermit Transfer. A building permit granted pursuant to this code maybe transferred from one permit holder to another permit holder upon written request by the current permit holder to the Building Official. Expired permits may not be transferred.. No permit transfer maybe made without written approval. of the Building.Offcial; if transfer is attempted without written approval. of the Building pfficial, such permit shall be deemed void. IBC section 312.1 shall be amended with the deletion of the requirement for agricultural buildings to comply with the International Energy Conservation Code. A new section, section 90$.7.2, shall be added to the iiBC to provide as follows: ~,,, 908.7.2 Where Required In Existing Dwellings. Where interior work requiring a permit occurs within existing dwellings that haveattached garages, or in existing dwellings with fuel-fired appliances, carbon monoxide alarms shall. be provided in accordance with section 908.7. IBC section 1512 shall be deleted, and replaced with language to provide as follows: 1612 Flood Loads. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title l0, Chapter 6,'IVleridian City Code. Anew section, section 1..805.3.3, shall be added ttt the iBC to provide as follows: 1805.3.3 Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the high groundwater. table in the City of Meridian, in accordance with American Society of Mechanical- Engineers standard A17.1, section 2.2.2.3. IBC section i807.L4 shall be deleted, and replaced with language to provide as follows: 1807.1.4 Wood Footings or Foundations. Regardless of the. provisions of the International Residential Code, this chapter, related chapters, appendices or tables, the City of Meridian shall not allow the use of wood, treated or otherwise, far footings or foundations. IBC section 3002.4 shall be amended to provide as follows: 3002.4 Elevator Car to Accommodate Ambulance Stretcher. Where elevators are provided in buildings two (2) or more stories above, or two (2) or more stories below, grade plane, at least ~ one (1) elevator shall be provided for fire department emergency access to all. floors... The. elevator car shall. be of such a size and aarrarigement to accommodate an ambulance stretcher ADaPTTaN Off' 20121NTERNATIaNAL BiJiLDiNG CaDE, 2009 TN7'ERNA'T'IaNAL RESIDEN"i'tAL CaDE, 2009 INTERNA`rCaNAI. ENERGY CaNSERVA"1'IaN CaD6, AND Lt7CAt AMFsNDMENTS PAGE 3 0~ 7 ~ twenty-four by eighty-four inches (24"x84") with not less than five inches (5") radius corners, in the horizontal, open. position and shall. be identified by the international symbol for emergency medical. services (star of life). The symbol shall. not be less than three inches (3") high, and shall be placed inside on both sides of the hoistway door frame. The appendices of the International Building Cade shall be amended with the deletion of appendices A (employee qualification}; C {agricultural buildings}; ~ (flood-resistant construction), ~ (grading) ,K (administrative and electrical ), and M (tsunami.-generated flood hazard}. All other appendices shall be mandatory. The International. Residential.. Code shall be amended with the deletion of parts VII {plumbing) and VIII (electrical), and appendix L {permit fee`s}. A new section, section R145.1.2, shall be added to the IRC to provide as (allows: RlO5.l.2 Permits Required For Prefabricated And Mobile Structures. No prefabricated. structure, mobile home, or house trailer shall be installed, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been. obtained from the building official.. Any mobile home, house trailer, or prefabricated structure constructed prior to moving in or placement on any lot or parcel. within the city shall. be considered as a building or structure subject to regulation by the International Residential. Code as adopted and amended by this chapter. ~ IRC section RIp5.2(1}shall be amended to include the. fallowing: R 105.2(1) Work Exempt From Permit.. ~~~ 1 1.One-story detached accessory structures used as tool. and storage sheds, playhouses and similar uses, shall not exceed a floor area of one hundred twenty (120} square feet, and a maximum height of eight feet (8') measured Co midpoint. Midpoint shall be defined from grade (ground level) to midpoint between the top of the wall and the peak. of the finished. roof... The detached accessory structure placement in rear yard setbacks ar side yard setbacks must conform as specfiedby the Meridian planning department. A new section, section R1Q8.5.1, shall be added to the IRC to provide as (allows: R108.5.1. Permit Fee Refunds. Up to eighty percent (80%) of the fees paid. fora valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Building Official no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in .part or in whole after completion of plan review. A new section, section R108.5.2, shall be added to the IRC to provide as (allows: R1Q8.5.2 Permit Transfer. A building permit granted pursuant to this code maybe transferred. from one permit holder to another permit holder upon written request by the current permit holder to the Building Official. Expired permits may not be transferred. No permit transfer may be made without written approval of the Building Official; if transfer is attempted without ~ written approval of the Building Official, such permit shall be deemed void. A-~oP'r[oN OE 20 [ 2IN"T'~Rh(ATtONAI. BUtLDITVG CODE, 2009 INTERNATIONAL 12ESIbEN"rtAL Ct)UE, 20091NTERlYATIOA7AL BNEf2GY CONS~2VAT1(7IV C()DE, ANI~ LOCAC. AMDMEN"rs PAGE 4 OF 7 ~ IRC section 8301.2.4, shall be deleted, and replaced with language to provide as follows: 8301.2.4 Floodplain Construction. All development located in the Meridian Fl~odplain Qverlay District. is required to meet the provisions of'the Meridian Flood. Damage Prevention Ordinance, Title 10, Chapter fi, Meridian City Code.. IRC section R302.b shall be amended to provide as follows: 8302.6 :Dwelling/Garage .Fire Separatian. The garage shall be separated as required by table R302.6.Openngs in garage walls shall comply with section 8302.5. This provision does not apply to .garage walls that are perpendicular to the adjacent dwelling unit wall. Walls and ceiling of garages shall be covered with not Less than 5/8-inch (15,9 mm} type X gypsum board or equivalent. New language shall be added to IRC section 8315.2 to provide as follows: 8315.2 Where Required In Existing Dwellings. Where interior work requiring a permit occurs within existing dwellings that have attached garages or in existing dwellings with fuel-fired appliances, carbon monoxide alarms shall. be provided in accordance with section 8315.1. IRC section 8322 shall be deleted, and replaced with-language to provide as follows: 8322 Flood=Resistant Construction. Ali development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter G, Meridian City Cade. ~ iRC section R402.I shall be amended to provide as follows: 8402.1. Wood. Regardless of the provisions of the International Building Code, this chapter, related chapters, appendices or tables, the City of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. 1(}-1-3: SATING CLAUSE: Nothing in this chapter or in the codes as adopted and amended herein shall be construed to affect any suit, action, or proceeding naw pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued. or existing, under any act or ordinance repealed. hereby. Nor shall any right ar remedy of anycharacter be lost, impaired or affected by this chapter. 10-1-4: VALIDITY: The City Council hereby declares that any section, paragraph, sentence or word of this chapter or of the codes as adopted and amended herein 'be declared for any reason. to be invalid it is the intent of the Meridian City Council that it would. have passed all other portions of this chapter independent of the elimination here from of any portion as may be declared invalid. 1d-1-5: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates any of the provisions of this chapter or of the international building code, international residential code, and international energy conservation ~ code, as.adapted and amended herein or fails to comply herewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of ADOP'I'lON 0E 2Q! ~ INTERNATIONAL BUiLDCNG CODE, 2(K?9 INTERNATIONAL 1ZESIDENTIAL CODE, 20()9 INTERNATIONAL ENERtiY CONSERVATION CODE, AND LOCAL AMENDMENTS PAC7rr 5 OF 7 ~ specifications or plans submitted and approved thereunder, or any certificate or e ' thereunder, and from which no appeal has been taken, or fails to comply with suchh anl order as affirmed or modified by the boazd of appeals as provided for under the international building code or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions aze maintained shall constitute a sepazate offense. B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to prevent the enforced removal of prohibitive conditions. C. Civil Action: Whenever it appears to the city council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the city council may institute a civil action in the district court to enforce compliance with this chapter. Upon a showing that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate may be granted. The city council shall not be required to furnish any bond in said civil proceeding. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, whether such work is structural, building, electrical, mechanical, plumbing, fire, or specialized in nature, without first obtaining each and every required permit, shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 2. That this ordinance shall be effective on January 1, 2014. PASSED by the City Council of the City of Meridian, Idaho, on December I ~ , 2013. APPROVED by the Mayor of the City of Meridian, Idaho, December ~, 2013. APPROVED: ATTEST: _..._.. _ _.__ o~ArsnnU, 1 yip , , _ '1y T y e W d, Mayor ~,tY ~r w ~-/Y[ ~:1'Tllif1 lvj~. Yce olman, City Clerk L',tr~oaF;°J `F S .t~l, ,,~r~ y ~; r ~ ~ fq,~`ap raras~a~V~~ ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 6 OF 7 r~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13- I ~ $ ~ i o 'd' .~,°f or Council E IDIAN IDANO By: Ja a Holman, City Clerk ~~ Ste, AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITY, AND PENALTY SECTIONS; AND PR VIDI AN EFFECTIVE DATo44o~,TED.,u~~,~j, ~. 3`' 9~' First Reading: 11- a~ • l3 ~~ rte iRE~6~' Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO~_ Second Reading: l ~ - 3 _ I _~ Third Reading. 1 ~ - ~ ~ _ ~ -~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0.13- I5 ~ 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. 13-~~, 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 _ ~(~ L '~;~ - , 2013. ~~ ~~ Wi iam. L.M. City Attorney ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 7 OF 7 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. 13-1583 Third Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) 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 ~ti CITY OF MERIDIAN ORDINANCE NO. l3 ' /~J~'3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2012 International Fire Code (IFC), and that such amendments are reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS, the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of 2012 IFC; and WHEREAS, a public hearing on the amendments was conducted on November 26, 2013, following provision of the proposed language of this ordinance to Associated General Contractors of America, Associated Builders and Contractors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Counties, Idaho Association of REALTORS®, Idaho Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Idaho Building Trades, by U.S. mail, on October 16, 2013, and publication of notice of the time and place thereof in the Valley Times on October 21, 2013; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 4, Meridian City Code, shall be REPEALED, and REPLACED as follows: Chapter 4 FIRE CODE 10-4-1: FIRE CODE ADOPTED: There is hereby adopted by the mayor and the city council of the city of Meridian, county of Ada, state of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, /"'\ provisions, conditions, terms, and appendices of such International Fire Code, 2012 edition, published by the International Code Council, Inc., and the same are hereby adopted and incorporated as fully as if set out at length herein, with the revisions, additions, and deletions ADOPTION OF 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS PAGE 1 OF 7 ~ thereto as set forth. in this chapter. From the date in which this chapter shall take effect, the provisions of the international fire code, 2(}09 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the limits of the city of Meridian. 10-4-2: AMENDMENTS TO THE FIRE CODE: To the extent that any provision of the international fire code, 2009 edition (hereinafter TFC) conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following. amendments to the IFC shall apply: IFC section 103.2 shall be amended to read as follows: Section 103.2 Appointments The code official shall be the fire chief of the city of Meridian. In the absence or by designation of the fire chief, the deputy chief/fire prevention or designee shah be the code official. IFC section 103.3 shall be amended to .read as follows: Section 103.3 Deputies. In accordance with the prescribed procedures of the city of Meridian the fire chief shall have the authority to appoint a deputy fire chief/fire prevention, ar other technical officer, inspectors and other employees.. IFC section 104.1 shall be amended to read as follows: Section 104..1 General. The fire code official is hereby authorized. to enforce the provisions of ~ the IFC as herein adapted and amended and shall have the authority to render interpretations of the I`FC as herein adopted and amended, and to adopt policies, procedures, rules and regulations in order to clarify the application of such provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of the IFC as herein adapted and. amended and shall not have the effect of waiving r~uirements specifically provided for in the IFC as herein adopted and. amended. The :fire .chief is authorized to administer and enforce the IFC as herein adopted and amended.. Under the fire chiefs direction, the fire department is authorized to enforce all ordinances of the city of Meridian pertaining to: a. The prevention of fires; b. The suppression. or extinguishment of dangerous ar hazardous fires; c. The storage, use and handling of hazardous materials; d. The installation and maintenance of automatic, manual and other private fire alarm systems. and fire-extinguishing equipment; e. The maintenance and regulation of fire escapes; f. The maintenance of fire protection and the elimination of fire hazards on land. and. in buildings, and other property, including thane under construction; g. The maintenance of means of egress; and. h. The investigation of the cause, origin and circumstances of fire-and unauthorized releases of hazardous materials, except that for authority related to control. and investigation of emergency scenes, IFC section 1.04.1.1 shall apply. ADaPr[aN OP2(} 121NTERNATCONAL F1RE GLIDE AND LaCAL AMENDMENTS PAGE 2 ar 7 ~~ A new section shall be added to the provisions of the IFC as follows: Section 104.10.2 Fire Prevention Personnel And Police. As requested by the fire chief, the chief of police .shall be authorized to assign. such available police officers as necessary Co assist the fire department in enforcing the provisions of the IFC as herein adopted and amended. A new section shall be added to the provisions of the IFC as follows: Section 105.3.9 Working Without Fermit. Any person who commences or causes the commencement of work for which a permit is required under the IFC as herein. adopted and amended. or under other provision of law without fixst obtaining. each and every required permit, shall, upon application for such permit or permits, ;pay a doubled permit fee or fees, as established. by fee schedule. This provision shall not apply to emergency repair work. performed. during off=business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. IFC section 109.4 shall be amended to read as follows: Section 109,4 Violation Penalties. Persons who shall violate a provision of the IFC as herein adopted. and amended. or shall Fail to comply with any of the requirements thereof or who shall erect, install, .alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of the IFC as ~ herein adopted and amended, shall be guilty of a misdemeanor, punishable by a Fine of not more than $500,{ dollars or by imprisonment not exceeding 30 days, or both .such fine and imprisonment. Each day that a violation continues after due notice has been served. shall be deemed a separate offense. IFC section 111.4 shall be amended. to read as follows: Section 111.4 Failure To Comply. Any person. who .shall continue any work after having been served with a stop work. order, except such work as that person. is directed to perform. to remove a violation or unsafe condition, shall. be guilty of a misdemeanor, and shall. be liable to a fare of not ..less than $1.00.00 dollars anal not more than $500.00 dollars. IFC section 113.5 shall. be amended to read. as follows: Section 113.5 Permit Fee Refunds. Up to eighty percent,(80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the public works director or designee no later than one hundred eighty (1$0) days following the date of permit issuance. Plan review fees shall not to be refunded in part or in whole after completion of plan review. A new section shall be added to the provisions of the IFC as follows: Section 113.6_Perrnit Transfer. A permit granted. pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the public works director or designee. Expired permits may not be transferred, No permit transfer maybe made without written approval of the public works director or designee; if transfer is attempted without written approval of the public works director or designee, such permit shall be deemed. void. AD()PT[ON OF 20t 21N7'~RNAT[ONAL ~'IR~ CUD AND LOCAL AME'NDM11BNTS l~AG~ 3 OFD 7 ~ Anew section steal! be added to the .provisions of the TFC as follows: Section 501.4.1 Fire Hydrant installation Timing. All necessary fire hydrants shall be installed and operational. before any combustible materials, as such term. is defined by the international building code, 2p12 edition, may be brought onto the site. Failure to comply with this provision. will result in a stop work order which shall be effective until all. necessary fire hydrants are installed and operational. IFC Section 505.1.1 shall. be amended to read as Follows: Section SOS.i.1 Address Numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required. by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall have a minimum stroke width of one-half inch (0.5"), and of a color contrasting with the background. The required height of each address number shall be calculated by the distance of the addressed building from the road, as follows: where the building is less than one hundred feet (100') from the road, the height of each address number shall be six inches (6") in height; where the building is one hundred feet to one hundred fifty feet (100_150') from the road, the height of each address number shall. be at least eight inches ($") in .height; where the building is one hundred fifty-one feet to two hundred feet (15 i_200') from the road, the height of each address number shall be ten inches (10") in height; where the building is two hundred one feet to two ~ hundred fifty-one feet. (201._251') from the road, the height of each address number shall be twelve inches (12") in height. The exceptions to IFC section 507.5.1 shall not apply. IFC section.903.3.? shall be amended to read as follows: Section 903.3.? Fire Department Connections. The location of the :fire department connection shall. be within one hundred feet (100') of a fire hydrant, except that three- and four-plexes do not require a fire department connection. A new section shall be added to the provisions of the IFC as follows: Section 903.3.8 Knax caps. Each and every fire department connection and/ar standpipe shall be equipped with a Knox cap. A new section shall be added to the provisions of the IFC as follows: Section 903.4.1..1 All Buildings That Are Required Ta Be Sprinklered, An approved audible sprinkler flaw alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per Haar. A new section shall be .added to the provisions of the IFC as follows: Section 903.4.21 Alarms. Approved. audible devices and visual alarms with a minicnurn candela raring of 110 shall be connected to every automatic sprinkler system an the exterior of the ~ building per NFPA standardl3 located above the fire department connection. Such audible and visual alarms shall be activated by water flow equivalent to the flow of one (1) sprinkler of the ADaC'TIaN ar 20! 2 I NTECiNATCONAL F`IRF Car~E ANC) LaCAL AINEN 1~MENT's .PAGE 4 aF 7 smallest orifice size installed in the system, Where a fire alarm system is installed, actuation of the automatic-sprinkler system shall actuate the building fire alarm. system. IFC section 903.4.3 shall be amended to read as follows: Section 903.4,3 Floor Control Valves. Approved supervised indicating. control valves shall be provided at the paint of connection to the riser on each floor in .institutional. and multi-tenant buildings two or mare stories in height. A new section shall be added to the provisions of the IFC as follows: Section 903.4.4 Location Of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exterior door. The exception to IFC section 906.1(1) shall not apply. IFC section 907.1.2 shall be amended. to read as follows: Section 907.1.2 Fire Alarm Shap Drawings. Shop drawings for fire alarm systems shall be submittedfor review and approval prior to system installation, and shall include, butnot be limited to, all. of the following: 1. A floor plan that indicates the use of all rooms. 2. l..ocations of alarm-initiating devices. ~. L.ocations of alarm notification appliances, including candela ratings for visible alarm. notification appliances. ~,.~ 4. Location of fire alarm.. control unit, transponders, and notification power supplies.. 5. Annunciators. 6.1'ower connection. 7. Battery calculations. $. Conductor type and sizes. 9. Voltage drop calculations. l0. Manufacturers' data sheets indicating model numbers and listing information for equipment, devices. and materials. l 1. Details of ceiling height and construction. l 2. 'Thee interface of fire safety control functions. l3. Classification of the supervising station. 14. Fire alarm drawings shall be stand. alone and drawn to ilA" scale. l5. Declaration of occupancy classification(s). A new section shall be added to the provisions of the IFC as fallaws: Section 907,1.4 Non-Required Fire Alarm Systems. Where lire alarm systems not required by the IFC as herein adapted and amended ar other provision of law are installed, any and all notification devices shall meet the minimum design, installation, and occupant nOtifcation requirements far systems which are required by the. IFC as herein adapted and amended or ether provision of taw. A new section shall be added to the provisions of the TFC as fallaws: /„~ Section 907.1.5 Partial 4r Limited Fire Alarm Detection Systems. Where partial. or limited. fire alarm detection systems are installed, any and all notification devices shall. meet the Ai~opriaN O~' 20t 2INTE;RNATiaNAL FIRE Cai~E ANi7 LpC:AL A~VIENDMENTS PAtiE 5 ar 7 /'~ minimum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm systems. IFC chapter 80 shall be amended as follows: Chapter 80 Referenced Standards. Where National Fire Protection Association standards are referenced, such provisions shall refer to the 2010 editions of the National Fire Protection Association standards. Appendices Mandatory. All appendices, including appendix A, appendix B, appendix C, appendix D, appendix E, appendix F, appendix G, appendix H, appendix I, and appendix J shall be mandatory, with this amendment: IFC section D105.3 shall be amended to read as follows: D105.3 Proximity to Building. At least one of the required access routes meeting this condition shall be located within a maximum of eighty-five feet (85') from the center line of the building to the center line of the access road, not to exceed fifty-five feet (55') in vertical height. The side of the building on which the aerial fire appazatus access road is positioned shall be approved by the first code official. Section 2. That this ordinance shall be effective on January 1, 2014. PASSED by the City Council of the City of Meridian, Idaho, on December , 2013. APPROVED by the Mayor of the City of Meridian, Idaho, December , 2013. APPROVED: ATTEST: ~~~gp[tiDAUC;Usr, Tammy de erd, /Mayor c;tiy of Jayce olman, City Clerk ~~E II:IA N*-~- IDAHO ~,~ SEE~L ~~ ~~ T~~ ~ ,'r uf76r TRF'~~:~ ADOPTION OF 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS PAGE 6 OF 7 .~~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13-15 S 3 AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITY, AND PENALTY SECTIONS; AN F,FFF,f'TTVF, nATF 1~ Mayor rI City Council By: Jaycee Holman, City Clerk J3GO~O4pTED A(JCG~l,'°o w ,~ Gty of ~E IDIAN ~ IDpNO .~ ~A* ~ W syr ~:~'LI~ v~ First Reading: i l- Flo - 13 P4°`rj° T~EAS~,~~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO_~'_ Second Reading: i a • ~ ~ ~ ~ Third Reading: (~ . 1 ~ - 13 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0.13- I,S8~3 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. 13- l 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 ~~`;~~ ~ , 2013.. ~~ T~ Wi . L.M. City Attorney ADOPTION OF 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS PAGE 7 OF 7 Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 10E PROJECT NUMBER ITEM TITLE: ORDINANCE NO. 13-1584 Third Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) 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. 3 ' ~r..~' , BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 6, MERIDIAN CITY CODE, REGARDING FLOOD DAMAGE PREVENTION: FINDINGS OF FACT, PURPOSES AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PROVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program is a federal program which enables property owners in participating communities to purchase insurance as protection against flood losses in exchange for the adoption of community floodplain management regulations that reduce future flood damages; WHEREAS, the City of Meridian is a participating community in the National Flood Insurance Program; WHEREAS, the regulatory standazds set forth in this ordinance meet or exceed the regulations of 44 CFR Sections 59-65 and Parts 70 and 73 regarding floodplain management for the protection of public health safety and welfare; and ~ WHEREAS, the policies expressed herein are designed to protect public health, safety, and welfare by minimizing public and private losses due to flood conditions; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 6, Meridian City Code, shall be REPEALED, and REPLACED as follows: CHAPTER 6 FLOOD DAMAGE PREVENTION 10-6-1: FINDINGS OF FACT, PURPOSE AND OBJECTIVES: A. Statutory Authority: The Legislature of the State of Idaho in I.C. 46-1020 through I.C. 46-1024, authorizes local government units to adopt a floodplain map and floodplain management ordinance that identifies floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare of its citizenry. ~„~ B. Findings Of Fact: MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 1 OF 15 /`~ t . The Special Flood Hazard Areas of the City of Meridian are subject to periodic inundation. which can. result in loss of life, property damage, hazard to health, and safety, disruption. of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are aggravated. by the cumulative effect of obstructions in Special Flood Hazard .Areas which increase flood elevations. Development that is inadequately flood-proofed, elevated, or otherwise protected from. flood damage also contributes to flood losses. C. Statement Qf Purpose: It is the purpose of this Chapter to promote the public health, safety, and general welfare, and to minimize public and. private losses due to flood conditions in specific areas by provisions designed:. l . To protect human life and health; 2. Ta minimize expenditure of public money and. costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and. generally undertaken at the expense of the general public; ~ 4. To minimize prolonged business interruptions; 5. To minimize damage to public facilities and. utilities such as water and gas mains, electric, telephone and. sewer lines, streets, and bridges located. in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard. sa as to minimize future flood blight areas; 7. Tv ensure that information regarding the location of Special Flood Hazard Areas. is readilyavailable to potential property buyers and other interested people; and. S. To ensure that those who occupy Special Flood Hazard. Areas assume responsibility for their actions. D. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this Chapter includes methods and provisions for managing development in flood prone areas to insure that: l . Structures are designed and built to acceptable standards Co be protected from flooding, and /~ 2. Development does not increase the potential for (food damage by elevating flood water above regulatory limits. MERroiAN F~.aao DAMAGE PREVENTIarr OT2DtNANCE PAGE 2 ar I5 ~`\ 10-6-2: DEFINITIONS: Unless specifically defined. below for purposes of this chapter only, words or phrases used in this chapter shall be interpreted ,so as to give them the meanings they have in common usage and to give this chapter its mast reasonable application. APPEAL: A request to City Cauncii to overrule a permit denial because the .applicant claims that the ordinance has been incorrectly interpreted. BASE FLOOD: The flood having a one percent (l%) chance of being equaled or exceeded. in any given year. Also referred to as the "regulatory flood," or "1(1Q-year :flood." BASE FLOOD ELEVATION (BFE): The water surface elevation during the base flood in relation to a specified datum, The Base Flood Elevation (BFE) is depicted on the Flood Insurance. Rate Map (FIRM) to the nearest foot (1') and in the Flood Insurance Study (FIS) to the nearest one-tenth of a foot (. l' ). BASEMENT: Any portion of a structure, including crawlspace, with its floor sub grade (below ground level} on all sides. DEVELOPMENT:. Any man-made change to improved or unimproved real estate, including, but not limited ta, the construction of buildings or other structures, or the construction of substantial. improvements to buildings or other structures; the placement of mobile homes; mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials; and the deposition or extraction of materials; specifically including the construction of dikes, berms, dams and levees. The term "development" does eat include the operation, cleaning, maintenance or repair of any ditch, canal, lateral, drain, diversion structure or other irrigation or drainage works that is performed or authorized 6y the owner thereof pursuant to lawful. rights and obligations. ELEVATION CERTIFICATE, INTERIM: The approved FEMA Elevation Certificate identified as FEM:A Form $ l -3 l ,completed prior to the City of Meridian approval of the foundation. inspection, The interim elevation certificate is identified by the completion. of the "Building Under Construction" item in Section C. l of the current FEMA form. ELEVATION CERTIFICATE, FINAL: The approved FEMA Elevation. Certificate identified as FEMA Form. 81-31, completed prior to the City of Meridian approval of the certification of occupancy. The final elevation certificate is identified by the completion of the "Finished Construction" item in Section C. l of the current FEMA farm. FLOOD OR FLOODING: A general and temporary condition of partial. or complete inundation of normally dry land areas froze: (1) The overflow of inland or tidal waters, andlor ~ (2) The unusual. and rapid accumulation of runoff of surface waters from any source. M~It[D1A:N FLaaD DAMAGE I'REV[iPt"~rarr ORDINANCE PAG)~ 3 aF l S /'\ FLOOD INSURANCE RATE MAP (FIRM): The official map of a community, issued. by the Federal Insurance Administration delineating the Special Flood Hazard Areas andlor risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS): The official report provided by the Federal Insurance Administration evaluating flood hazards and containing flood profiles, floodway boundaries and water surface- elevations of the base flood.. FLOODPROOFING: Any combination of structural anal nonstructural additions, changes, ar adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOOD PROTECTION ELEVATION (FPE}: The elevation above the base flood elevation to which the lowest floor of a structure must be elevated. The flood protection elevation for the City of Meridian shall be two feet (2' }above base flood elevation.. FLOODWAY (aka Regulatory Floodway); Thechannel of a river ar other watercourse and the adjacent land. areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').:Regulations require that the floadway be kept open so that flood flaws are not obstracted or diverted onto other properties. If the base flood is entirely contained within the banks of a clearly det•;ned channel, the entire channel may be defined as a floodway. HISTORIC STRUCTURE:. A structure that is: (l) Listed individually in the National Register of Historic .Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined. by the Secretary of the Interior as meeting the requirements for individual. listing on the National Register. (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or to a district. prelirninarity determined by the Secretary to qualify as a registered historic district. {3) Individually listed on a state inventory of historic places and determined. as eligible by states with historic preservation programs which have been approved by the Secretary of the .Interior, or (4) Individually listed. on a local inventory of historic places and. determined as eligible by communities with historic preservation programs that. have been certified either by an approved state pragrana as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR: The lowest floor of the lowest enclosed area of a structure (including basement). An unfinished or flood-resistant enclosure, usable solely far parking of vehicles, building access or storage in an area other than. a basement area is not considered a structures' lowest floor. The lowest floor is a determinate far the flood insurance premium for a building, home or business. MER[D1AN FLWp I)Ah4AGE PREVENTIar~ ORDTNANC:E PAGE 4 aF 15 /'1 MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent .foundation when attached to the required. utilities. The term "manufactured home" does not include a "recreational vehicle". MERIDIAN FLOODPLAIN OVERLAY DISTRICT: Area regulated by this section of code. MERIDIAN FLOODWAY OVERLAY DISTRICT: Flaodway portion of the Meridian Floodplain Overlay District regulated by this code. NEW CONSTRUCTION: Development for which the "start of construction" commenced on or after the effective date of this Chapter. RECREATION VEHICLE: A vehicle that is a.}built on a single chassis, b.) 400 square feet yr less when measured at the largest horizontal projection, c.) designed to be self-propelled or permanently towed by a light duty truck and d.) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. SPECIAL FLOOD HAZARD AREA (SERA): The areas of special flood hazard identified an the Flood Insurance Rate Maps as land in the regulated floadplain within a community subject to a one percent (l %) or greater chance of flooding in any given year. /"'~ START OF CONSTRUCTION: Includes substantial improvement, and means the date the development, building or tloodplan development permit was :issued, provided the actual start of construction, repair, reconstruction, placement ar other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first,placement of permanent construction of a structure an a site. STRUCTURE: a walled and roofed building, including a gas ar liquid storage tank thatis principally above ground as well as a manufactured home. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cast of restoring the structure to its before damaged. condition. would equal or exceed. 50 percent {%) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent (%) aF the market value of the structure, or the scope of which increases the existing gross floor area by more than 20 percent (%a) before the "start of construction" of the improvement. If a Substantial .Improvement is being made to a structure, the entire structure must be brought into compliance with the provisions of this code. This term includes structures which have incurred "substantial damage", regardless of the actual. repair work performed. The term does not include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications, which have been identified. by the local code enforcement off;cial and which. are solelynecessary to assure safe living conditions, or NtEktCDIAN FLaaD DAMAGE PREVEIVTIaN ORU{MANGE PAGE 5 a~ I5 (2) Any alteration of a historic structure provided that the alteration will not preclude the .structure's continued designation as an historic structure. VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 10-6-3: GENERAL PROVISIONS: A. Lands To Which This Chapter Applies: This chapter shall apply to all areas of the Meridian Floodpiain Overlay District as defined in subsection 10-6-2 within the jurisdiction of the city. B. Basis For Establishing the Meridian Floodplain Overlay District and the Meridian Floodway Overlay District: 1. The Meridian Floodplain Overlay District is initially defined by overlaying the FEMA effective FIRM SFHA onto digital. maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a 1~ foot. (10') horizontal buffer to expand the area. Amendments to the District due to hydraulic analysis or field surveys shall be reviewed and made available by the Floodplain Administrator. The Meridian Floodplain Overlay District will always include at least the. SFHA as depicted. on the FEMA effective FIRM and shall not be decreased by FEMA. Letters of Map Revisions based on fill (LOMB-F). 2. The Meridian. Floodway Overlay District is initially defined. by overlaying a FEMA mapped floodway or a local floodway defined. by section IU-6-S(B) onto digital maps and amending it through engineering hydraulic analysis, or by surveys to correct inconsistencies with field conditions, then applying a S foot (S') horizontal buffer to expand the area. Amendments to the .District due to hydraulic analysis or field surveys shall be reviewed and made available by the Floodplain Administrator. The Meridian Floodway Overlay District will always include at least the Floodway snapped by FEMA shown on the effective FIRM. C. Basis For Establishing Special. Flood Hazard Areas: The Special Flood Hazard. Areas identified by the Federal Emergency Management Agency {FEMA) in its Flood Insurance Study {FIS} and accompanying Flood Insurance Rate Maps {FIRM} and/or Digital Flood Insurance rate Maps {DFIRM) for Ada County, Idaho, and incorporated areas entitled "Flood Insurance Study for Ada County, Idaho and Incorporated Areas" effective October 2, 2E)()3 (FIS Number 16001CVt10t}B), are hereby adopted by reference and declared to be a part of this chapter together with any subsequent revisions thereof. The flood insurance study and flood insurance rate map(s) are an file in the. office of the floodplain administrator. D. Fenalties For Naneosnpliance: Na development shall. take place without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure. to comply with any of its requirements, including violations of conditions ,/°~ and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, NtERIDIAN PLUUD DAMAGE PRrvENTIUN ORDINANCE PAGE 6 OF 1 S !"1 upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this Cade for each violation, and in addition shall pay all costs and expenses involved in the case, including attorney fees. Nothing herein contained shall prevent the City :from taking such other lawful. action as is necessary to prevent or remedy any violation. E. Abrogation And Greater Restrictions: This Chapter is not intended to repeat, abrogate, or impair any existing. easements, covenants or deed restrictions. However, where this Chapter and. another chapter, easement, covenant, or deed restriction. conflict ar overlap, whichever imposes the more stringent restrictions shad prevail. Additionally, in the event that any of the requirements of this chapter are in conflict with thoseof 44 CFR parts 59-65, the more stringent restrictions shall prevail.. F. Severablity: This Chapter is hereby declared to be severable.. Should any portion of this ordinance be declared .invalid by a court of competent jurisdiction, the remaining provisions shall continue in full Farce and. effect and shall be read. to carry out the purpose of the ordinance before declaration of partial invalidity. G. Interpretation: In the interpretation and. application of this Chapter all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal. any other powers granted under State statutes. ,/"~ H. Warning And Disclaimer tJf Liability: Thee degree offload protection required by this Chapter is considered reasonable far regulatory purposes and. is based on scientit"ic and. .engineering considerations. Larger floods can and will occur an rare occasions. Flood heights may be increased. by manmade or natural causes. Thais Chapter does not imply that land. outside the areas of special flood hazard onuses permitted within such areas will be free from flooding ar flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.. 10-6-4: ADMINISTRATION: A. Establishment Of Flaodplain Development Permit: 1. Floodplain Development Permit Required: A Flaodplain Development Permit shall be obtained before construction or development begins within any area of Meridian Flaadplain Overlay District as defined in subsection 1Q-6-2 of this Chapter.. The permit shall be for all development including fill. and other activities also as set Earth in Section lfl-G-2 of this Chapter. a. Except in areas where floodways have been mapped by FEMA under ~1Q-6-S{B}{I), at the discretion of the Floodplain Administrator, development that. will have negligible impact to flood characteristics may be exempt from the. permit requirements provided that data deemed. necessary by the Flaodplain Administrator, including but not limited to MERIDIAN FLUUD DAMAGE PREVEN"rtaN ORt7CkYANCE PAGE 7 aF I5 ~ supporting engineering data and that information which is required under section 1~-C- 4(A}(2), can illustrate negligible impacts to flood. characteristics. 2. Application For Floodplain Development Permit: Application for a Flaodplain Development Permit shall be made on forms furnished by the Floodplain Administrator and the applicant may be required to .include, but nat. limited to; plans drawn to scale showing. the nature, location, dimensions, and elevations of the area in question; existing and proposed. structures, fail, storage of materials, drainage Facilities, and the location of the foregoing. Specifically, the fallowing information is required: a. Description of site work to be done in the Meridian Floodplaan Overlay District. b. Base Flood Elevations and flaadway location an the project area. c. Elevation. of the lowest floor and other critical. components of all structures such as crawlspaces, mechanical and electrical. equipment, vent locations, check structures, pipe elevations, etc. d. Hydraulic and. hydrologiccalculataons and backwater model results showing the effect of the development on Base Flood Elevations for areas included in the Meridian Floodplaan Overlay and Flaodway Overlay Districts including areas without a F1S- mapped floodway. e. No Rise Certification and hydraulic and hydrologic calculations including backwater model results verifying no rise results far work in the Meridian Flaodway Overlay District. B. Designation Of Flaodplain Administrator: The:Floodplain Administrator shall be designated by the City Engineer, and is hereby appointed to administer and implement this Chapter by granting or denying Flaadplain Development Permit Applications an accordance with its provisions. C. Duties And. l~esponsbalataes OFthe Floodplain Administrator: Duties of the Flaodplain Administrator shall include, -but not be limited to: 1. Review and evaluate Floodplaan Development Permit Applications: a. Determine whether the permit requirements ofthis Chapter have been satisfied b. Obtain evidence of approvals far all necessary additional. Federal, State, or Local Permits and approvals if applicable. c. Require that interim and. final elevation certificates, final tloadprooting certificates, and/or other as-built documents are properly completed by a qualified professaona! ~ engineer or land surveyor licensed in the State of ldaha and submitted by the permit applicant before Certificates of Occupancy are granted far the project. N1ERmtArr FiaoD DAMAGE PREVENTION ORDINANCE PAGE $ aF 15 r~ d. When Base Flood Elevation data or floodway data are not available, then the Floodplain Administrator shall obtain., review and reasonable utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this ordinance. 2. Conduct inspections of all development in the Meridian Floodplain Overlay District in coordination with the designated Building Official to ensure that the provisions of the Flood :Damage Prevention. Ordinance are met. 3. Notify adjacent communities and the State Department of Water Resources prior to any alteration or relocation. of a watercourse, and sTabmit evidence of such notification to the Federal. Insurance Administration.. 4. Maintain the following inforTnation far public inspection: a. Floodplain. Development Permit Applications. and attachments. b. Results of hydraulic studies as required by this chapter: c. Nv Rise certificates as required by this chapter. ~ d.:Flood-proofing certificates. e. Any other documents pertaining to the provisions of this chapter. S. Make interpretations where needed, as to specific location of the boundaries of the Special Flood. Hazard Area or Meridian Floodplain. and Floodway Overlay Districts (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). D. Appeals and Variances: l .Appeal and Variance Procedures: a. The City Council shall hear and decide appeals and requests for variances from the requirements of this Chapter. b. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or adnunistratian of this Chapter. The Floodplain Administrator and applicant shall consult with the City Engineer prior to appealing to City Council. c. Those aggrieved by the decision of the City Council, or any taxpayer,. may appeal such ~ decision to the Fourth :Iudicial District Court, Ada County, Idaho, pursuant to :Idaho Code chapter S2, title 67. 1VlE~tD[AN Ft_CX)D DAMAGE PREVEN`i"TUN ORDTNANCE PAGE 9 UTrt 15 ,~'~ d. In passing. upon such applications, the City Council shall consider all technical. evaluations, all relevant factors, standards specified in .other sections of this Chapter; .and (1}The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5} The necessity to the facility of a waterfront location, where applicable; (5} The availability of alternative locations for the proposed use which are not subject to flooding; (7) The compatibility of the proposed use with existing and anticipated development; {$) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; (9} The safety of access to the property in times of flood for ordinary and emergency vehicles; (l0) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood. waters and the effects of wave action, if applicable, expected. at the site; and (l l) The costs of providing governmental services during and after flood conditions, including maintenance anal repair of public utilities and. facilities such as sewer,. gas, electrical, and. water systems, and streets and bridges. e. The Floodplain Administrator shall. maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 2. Conditions For Variances: a. Variances shall not be issued within the Meridian Floodway Qverlay District if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon: (l} A showing of good and sufficient cause; Reasons that do not constitute good and ~ sufficient cause include: loss of property value, inconvenience to the property owner, or lack. of funding to comply. MERIDIAN PL,tX1D DAMAGE PREVENTtC1N ORDINANCE PAGE I O OF I S ~~ (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will. not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public,, or conflict with existing local laws or ordinances. (4) A determination that the variance is the :minimum necessary, considering the flood hazard, to afford relief. Any variance should allow only minimum deviation from the requirements of this code. c. Upon consideration of the tartars of § 10-5-4(D)(1 }(d) of this Section and the purposes of this Chapter, the City Council. may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter. d. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic ar financial circumstances. They primarily address small. lots in densely populated residential neighborhoods. ~/'~ e. Any applicant to whom a variance is granted. shall be given written notice by the Floodplain Administrator that the development will be permitted without meeting City Cade requirements and that the cost of flood insurance will be commensurate with the increased risk. of flood. damage. 10-6-Sz PRt3VISIONS FOR FLOUD HAZARD REDUCTIUN: A. Standards for the Meridian Floodplain Qverlay District: 1. Engineering and Mapping 17equirements: a. Determination of Base Flood Elevations. (BFEs}: The Floodplain Development Permit Applicant shall first contact the City Floodplain Administrator to determine the Base Flood Elevation. If the Floodplain Administrator is unable to determine the Base Flood Elevation through FEMA profiles andlor simplified methods, then the Floodplain Development Permit Applicant sha11 retain the services of a Qualified State of Idaho Licensed Professional Engineer, or Professional Land. Surveyor to determine BFEs before and after the proposed development. BFEs shall be determined based on FIRMS, previous studies, by performing a hydraulic analysis, or other methods approved by the. Floodplain Administrator. The engineer or surveyor must check with the Floodplain .4dministratar to determine if additional updated information on BFEs is available. MERCC~CAN FC_QOD DAMAGE PC2EVENTCaCV Oao1NANCE PAGE I l U(= f S ~ b. Effect of Development an BFE: In areas where FEMA has not determined a flaodway, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation. of the base flood more than one foot {1') at any point unless Letter of Map Change (LONG} provisions in 44 CFR .Part fi5 are met. It is the responsibility of the City acting through the Floadplain Administrator to all~ate the one foot increase to best serve the purposes and. objectives of this chapter. c. Floodway Mapping: In floodplains where the iloodway has not been mapped by FEMA, the Floodplain Development Permit Applicant shall retain the services of a Qualified State of Idaho Licensed Professional Engineer to determine the ..location. of a .local floodway. Development in the Meridian Floadway Overlay District shall then meet the standards for development specified in section 1.0-6-5(B) below. d. Electronic Map /Drawing Submittal.: The Flaadplain Development Permit Applicant shall. provide paper and electronic Submittals, including drawings showing newly mapped. floodplain and floadway as well as model input files and inputloutput tables. Electronic map and. drawing submittals. shall be submixted according to the City of Meridian AutoCAD Standards. 2. Construction Requirements for New Construction and Substantial l:mprovements of Structures: a. Elevation Requirements: (l) For all residential construction and new nonresidential. construction the lowest floor elevation of any structure, including basements, ar mobile/manufactured. homes, shall be elevated. to the. Flood Protection Elevation of no less than two feet (2') above the Base Flood Elevation. (2) For all residential construction and new nonresidential construction, any crawlspace or other unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor provided it conforms to the fol lowing: {i) the interior ground elevation shall be elevated to a minimum of one foot {1') above the :Base Flood Elevation.. (3) All manufactured homes shall be elevated on a permanent foundation and meet the same elevation requirements as other structures, (4) Lots far new construction, removed from a FEMA defined Speciat Flood Hazard .Area through a Letter of Map Change based on fill, but within the Meridian ~ Flaodplain Overlay District, shall comply with the elevation requirements { 1) and (2) above. MECt[t~IAN FtaapDAMAGEPREVENTraxOT~DTNANC:`E AGE 12 aF t5 b. Floodproofing Requirements: (l }For existing non-residential construction, including development which is considered a substantial improvement, the lowest floor area of any structure, including basements, and any unfinished enclosure area shall either be elevated to conform. with sections 1U-6-5(A}(2}(a)(1}.and (2} above or be dry floodproofed, together with. attendant utility and sanitary facilities, below the Flood Protection Elevation as defined in 10-6-2, so that the structure is water tight. with walls substantiallyimpermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified. by a Qualfred State of Idaho Licensed Professional Engineer that the standards above have been. satisfied. c. Anchoring: (1} All. construction shall be designed and. adequately anchored. to resist flotation, collapse, and lateral movement of the structure resulting Pram. hydrodynamic and hydrostatic loads, including the effects of buoyancy. (2) All manufactured homes must likewise be anchored. to prevent flotation, collapse or .lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited ta, use of over ~ the top or frame ties to ground. anchors (reference FEMA guidebooks for additional. techniques}. d. Construction Materials And. Methods: (1}All construction below 13FE shall be done with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also all joints, insulation or other materials that extend below the BFE. (2) All construction shall use methods and practices that .minimize flood damage. (3) All building utility systems, including electrical, heating, ventilation, plumbing, air conditioning, ductwork and other service facilities shall be elevated. at least 1 foot above fhe BFE. 3. Utilities and Drainage: a. All new and replacement water supply systems shall be designed to minimize or eliminate in.filtratian of floodwaters into the system. b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge. from the systems r1 into floodwaters. N1ER[DIAN FLC~D DAIvIAGE PREVENTIaN ORDINANCE PAGE 13 ar ! 5 ./'~ c. 4n site waste disposal. systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Land Development Applications: a. All land development shall be consistent with the-need to minimize flood damage.. b. All. land development shall. have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. c. A11 land development shall have adequate drainage provided to reduce exposure to flood damage. S. Storage Of Materials And Equipment: a. Storage of the following materials is prohibited within the Meridian Floodglain Overlay District:. Acetone Carbon Disulfide Prussic Acid Phos harus Ammonia Celluloid Ma nesium Potassium Benzene Chlorine Nitric Acid Sodium Calcium Carbide H drochloric Acid Oxides of Nitro en Sulfur /", b. All other materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by floodwaters, except those identified in item a.) above, are prohibited unless elevated to the flood protection elevation and the storage method is designed to resist flood related forces including hydrostatic, hydrodynamic, buoyancy and debris impact forces.. 6. Recreation Vehicles: a. Recreational vehicles located in the Meridian Floodplain Overlay District must either: (1) Be onsite for fewer than 180 consecutive days; (2) Be fully licensed and ready for highway use, on its wheels or jacking system, attached. to the site only by quick. disconnect type utilities and security devices, and have na permanently attached structures or additions, or; (3) Meet all the requirements for New Construction and Substantial lmpravements of Structures as specified. in section 10-fi-5(A)(2). B. Standards for the Meridian Floodway Overlay District: 1. Development is prohibited in a FEMA mapped floodway unless the provisions of 44 CFR ,/'~ 60.3(d) are met; or a "no-rise" certification is provided. by a Qualified State of Idaho Licensed. Professional. Engineer and accompanied by analysis data, including but not limited MERIDIAN FLaaD DAMAGE PizEVEN"TION ORDINANCE PAGE 14 L7F l 5 ~ to supporting engineering data and that information which is required under section 10-6- 4(A)(1)supporting the determination that the floodway development will not cause any increase to BFEs at any point. 2. In areas where a floodway has not yet been mapped by FEMA, the Floodplaln Development Permit Applicant shall retain the services of a Qualified Licensed Professional Engineer to determine the location of a local floodway for purposes of this chapter. Once determined, development within the locally mapped floodway will not be allowed unless a "no-rise" standard is met as stated in item (1) above. a. Existing Local and State highway bridges and culverts that are extended or improved using public funds may be exempt from the "no-rise" requirement of this section provided engineering analysis including that required in 10-6-4(A)(2) of this code illustrates that the project meets the minimum requirements of 44 CFR, and specifically section 60.3(d) when constructed in FEMA mapped floodways. Section 2. That this ordinance shall be effective on January 1, 2014. PASSED by the City Council of the City of Meridian, Idaho, on December 10, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, December 10, 2013. AP„~'~i~ED: .~~•:.~~_..,,.~_... 44~~Ax ~v a u~~sTr ATTEST: Tammy de , rd, Mayor `$ c;~v of °'' Jayce olman, City Clerk Cj~F. IBIAN~- IDAXO s ~ f, SERI. w. T~,~O(ehe THE \5~~'EVP MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 15 OF 15 ~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13-1584 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 6, MERIDIAN CITY CODE, REGARDING FLOOD DAMAGE PREVENTION: FINDINGS OF FACT, PURPOSES AND OBJECTIVES; DEFINITIONS; GENERAL FROVISIONS; ADMINISTRATION; PROVISIONS FO HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. °o~°'~' "C°srj 3 ~~, City of ~~ r~ DIAN ' of i ~ ID4H0 Mayor City Council ~Ay SEgI ~, By: Jaycee Holman, City Clerk r~P ~.~° ~~~b° TI F.ASt1P~'V First Reading: (i - a(v ; l ~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO ~„ 1 Second Reading: (a - 3 - I ~_ Third Reading: (~ - I ~ - I ~_ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13-1584 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. 13-1584 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 Z~~'~~f~ , 2013. William. L.M. ary City Attorney Meridian City Council Meeting DATE: December 17, 2013 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION