City Council

CITY COUNCIL MEETING Thursday, February 14, 2019 7:30 p.m. CITY COUNCIL CHAMBERS 680 Park Avenue Idaho Falls, ID 83402 Thank you for your interest in City Government. If you wish to express your thoughts on a matter listed below, please contact Councilmembers by email or personally before the meeting. Public testimony on agenda items will not be taken unless a hearing is indicated. Be aware that an amendment to this agenda may be made upon passage of a motion that states the reason for the amendment and the good faith reason that the agenda item was not included in the original agenda posting. Regularly-scheduled City Council Meetings are live streamed at www.idahofallsidaho.gov, then archived on the city website. If you need communication aids or services or other physical accommodations to participate or access this meeting, please contact City Clerk Kathy Hampton at 612-8414 or the ADA Coordinator Lisa Farris at 612-8323 as soon as possible and they will accommodate your needs. 1. Call to Order. 2. Pledge of Allegiance. 3. Public Comment. Members of the public are invited to address the City Council regarding matters that are not on this agenda or already noticed for a public hearing. When you address the Council, please state your name and address for the record and please limit your remarks to three (3) minutes. Please note that matters currently pending before the Planning Commission or Board of Adjustment, which may be the subject of a pending enforcement action, or which are relative to a City personnel matter are not suitable for public comment. 4. Consent Agenda. Any item may be removed from the Consent Agenda at the request of any member of the Council for separate consideration. A. Items from Municipal Services: 1) Bid IF-19-15, Electrical Conductor for Idaho Falls Power 2) Bid IF-19-H, Replacement Street Sweeper for Public Works B. Item from Public Works: 1) Bid Award – 9th Street Bridge Over Moody Canal C. Items from the City Clerk: 1) Minutes from the January 28, 2019 Council Work Session; and January 31, 2019 Special Council Meeting. 2) License Applications, all carrying the required approvals. RECOMMENDED ACTION: To approve, accept, or receive all items on the Consent Agenda according to the recommendations presented (or take other action deemed appropriate). 5. Regular Agenda. A. Municipal Services 1) Municipal Services City Investment Policy: During the Monday, December 17, 2018, City Council Work Session, the Municipal Services Department presented a draft City investment policy. Based on  feedback received from the Council during the December 17 presentation and from the Investment and Finance Committee members, the attached policy has been finalized to establish best practices for managing the City's investment portfolio. It is being presented tonight for City Council approval. RECOMMENDED ACTION: To approve the City Investment Policy (or take other action deemed appropriate). B. Public Works 1) Broadway Streetscape Improvements Construction Project Agreement with the Idaho Falls Redevelopment Agency: For consideration is a construction agreement with the Idaho Falls Redevelopment Agency (IFRdA) for the Broadway Streetscape Improvements Project. The project involves upgrading the sidewalks, landscaping, and irrigation along Broadway between Yellowstone Avenue and Memorial Drive. This agreement formalizes a $525,000.00 financial commitment toward the project by the IFRdA and stipulates that the City will provide design engineering and construction administration of the project, to be reimbursed by the IFRDA. This agreement has been reviewed by the City Attorney. RECOMMENDED ACTION: To approve the construction agreement with the Idaho Falls Redevelopment Agency for the Broadway Streetscape Improvements Project, and give authorization for the Mayor and City Clerk to execute the necessary documents (or take other action deemed appropriate). 6. Announcements and Adjournment. Page 2 of 2 CONSENT AGENDA:  Honorable Mayor & City Council Chris H Fredericksen, Public Works Director February 8, 2019 Bid Award – 9th Street Bridge Over Moody Canal On Tuesday, February 5, 2019 bids were received and opened for the 9th Street Bridge Over Moody Canal project. A tabulation of bid results is attached. Public Works recommends approval of the plans and specifications, award to the sole bidder, 3H Construction, LLC in an amount of $163,864.00 and, authorization for the Mayor and City Clerk to sign contract documents. 2-38-21-3-STR-2019-09 2019-11  City of Idaho Falls Engineering Department Preliminary Estimate Project: 9TH STREET BRIDGE OVER MOODY CANAL Number: 2-38-21-3-STR-2019-9 Submitted: Kent J. Fugal, P.E., PTOE Date: January 24, 2019 Item Reference Estimated Engineer's Estimate Bidder - 3H Construction Bidder - DePatco Bidder - HK Contractors Bidder - Knife River Description Unit Number Number Quantity Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 200 DIVISION 200 - EARTHWORK 2.01 201.4.1.B.1 Clearing and Grubbing 1 LS $2,000.00 $2,000.00 $4,000.00 $4,000.00 $6,972.65 $6,972.65 $1,268.00 $1,268.00 $900.00 $900.00 2.02 201.4.1.C.1 Removal of Obstructions 1 LS $1,000.00 $1,000.00 $1,500.00 $1,500.00 $1,263.80 $1,263.80 $2,087.00 $2,087.00 $2,900.00 $2,900.00 2.03 201.4.1.D.1 Removal of Sidewalk 17 SY $10.00 $170.00 $10.00 $170.00 $60.80 $1,033.60 $34.00 $578.00 $34.00 $578.00 2.04 201.4.1.E.1.a Removal of Curb & Gutter 17 LF $10.00 $170.00 $8.00 $136.00 $36.95 $628.15 $28.70 $487.90 $11.00 $187.00 2.05 201.4.1.E.1.b Removal of 10" Water Line 20 LF $30.00 $600.00 $30.00 $600.00 $88.35 $1,767.00 $32.75 $655.00 $74.00 $1,480.00 2.06 201.4.1.F.1 Removal of Bridge 1 EA $8,000.00 $8,000.00 $6,000.00 $6,000.00 $23,206.75 $23,206.75 $21,814.00 $21,814.00 $10,000.00 $10,000.00 400 DIVISION 400 - WATER 4.01 401.4.1.A.1.a Water Main Pipe, Size 6" 6 LF $50.00 $300.00 $160.00 $960.00 $348.50 $2,091.00 $119.00 $714.00 $500.00 $3,000.00 4.02 401.4.1.A.1.b Water Main Pipe, Size 8" 40 LF $50.00 $2,000.00 $185.00 $7,400.00 $288.10 $11,524.00 $90.40 $3,616.00 $160.00 $6,400.00 4.03 401.4.1.C.1 Temporary Water Service 1 LS $2,000.00 $2,000.00 $100.00 $100.00 $2,151.25 $2,151.25 $2,282.00 $2,282.00 $5,000.00 $5,000.00 4.04 402.4.1.A.1 Valve, Size 8" 1 EA $1,150.00 $1,150.00 $950.00 $950.00 $399.45 $399.45 $838.00 $838.00 $900.00 $900.00 500 DIVISION 500 - SEWER 5.01 505.4.1.B.1 Pressure Sewer Pipe, Size 12" 26 LF $70.00 $1,820.00 $65.00 $1,690.00 $253.20 $6,583.20 $250.00 $6,500.00 $170.00 $4,420.00 600 DIVISION 600 - CULVERTS & STORM DRAINS 6.01 601.4.1.A.1 48" Storm Drain Pipe, Class IV Reinforced Concrete (RCP) 80 LF $160.00 $12,800.00 $357.00 $28,560.00 $389.15 $31,132.00 $366.45 $29,316.00 $380.00 $30,400.00 Precast Concrete Irrigation Structure, Size 8'x5', Type HS-25 Traffic 6.02 602.4.1.N.1 1 EA $10,000.00 $10,000.00 $12,068.00 $12,068.00 $11,669.25 $11,669.25 $10,545.00 $10,545.00 $7,000.00 $7,000.00 Rated 700 DIVISION 700 - CONCRETE 7.01 706.4.1.A.7.a Curb & Gutter, Type Standard 24 LF $40.00 $960.00 $58.00 $1,392.00 $37.15 $891.60 $99.00 $2,376.00 $35.00 $840.00 7.02 706.4.1.A.7.b Curb & Gutter, Type Lip Down 63 LF $40.00 $2,520.00 $58.00 $3,654.00 $37.15 $2,340.45 $48.00 $3,024.00 $35.00 $2,205.00 7.03 706.4.1.E.1 Concrete Sidewalks, Thickness 4" 22 SY $65.00 $1,430.00 $135.00 $2,970.00 $141.10 $3,104.20 $168.00 $3,696.00 $59.00 $1,298.00 800 DIVISION 800 - AGGREGATES & ASPHALT 8.01 802.4.1.A.1 Crushed Aggregate for Base, Type I 275 CY $40.00 $11,000.00 $28.00 $7,700.00 $51.50 $14,162.50 $26.21 $7,207.75 $52.00 $14,300.00 8.02 810.4.1.A.1 Plant Mix Pavement 1/2", PG 58-34 74 TON $120.00 $8,880.00 $220.00 $16,280.00 $127.15 $9,409.10 $174.00 $12,876.00 $142.00 $10,508.00 1100 DIVISION 1100 - TRAFFIC SIGNALS & STREET LIGHTING 11.01 1103.4.1.A.1 Construction Traffic Control 1 LS $3,000.00 $3,000.00 $7,500.00 $7,500.00 $9,791.05 $9,791.05 $24,514.00 $24,514.00 $16,000.00 $16,000.00 11.02 1105.4.1.A.1 Permanent Signing 6 SF $200.00 $1,200.00 $125.00 $750.00 $17.20 $103.20 $14.95 $89.70 $15.00 $90.00 11.03 1105.4.1.C.1 Steel Sign Posts 32 LB $10.00 $320.00 $27.00 $864.00 $3.95 $126.40 $3.45 $110.40 $3.50 $112.00 2000 DIVISION 2000 - MISCELLANEOUS 20.01 2010.4.1.A.1 Mobilization 1 LS $7,000.00 $7,000.00 $20,000.00 $20,000.00 $9,551.45 $9,551.45 $13,344.00 $13,344.00 $57,541.99 $57,541.99 20.02 2030.4.1.A.1 Manhole, Adjust to Grade 2 EA $400.00 $800.00 $1,500.00 $3,000.00 $583.50 $1,167.00 $419.20 $838.40 $600.00 $1,200.00 20.03 2030.4.1.C.1 Valve Box, Adjust to Grade 2 EA $350.00 $700.00 $500.00 $1,000.00 $297.70 $595.40 $303.42 $606.84 $200.00 $400.00 20.04 2050.4.1.C.1 Subgrade Separation Geotextile, Type II 330 SY $1.50 $495.00 $4.00 $1,320.00 $2.20 $726.00 $2.57 $848.10 $3.00 $990.00 SP SPECIAL PROVISIONS SP-1 S0610 Headwall Structure With Grate 1 EA $13,000.00 $13,000.00 $32,500.00 $32,500.00 $23,166.05 $23,166.05 $28,140.91 $28,140.91 $15,000.00 $15,000.00 SP-2 S1150 Remove & Reset Sign 2 EA $200.00 $400.00 $400.00 $800.00 $198.35 $396.70 $172.50 $345.00 $175.00 $350.00 TOTAL $93,715.00 $163,864.00 $175,953.20 $178,718.00 $193,999.99  January 28, 2019 - Unapproved The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, January 28, 2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m. Call to Order and Roll Call: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally Councilmember Jim Freeman Councilmember Shelly Smede Councilmember Jim Francis Councilmember Michelle Dingman Councilmember John Radford Also Present: Brad Cramer, Community Development Services Director Rick Cloutier, Airport Director Michael Kirkham, Assistant City Attorney Abigail French, City Attorney Extern Pamela Alexander, Municipal Services Director Mark Hagedorn, City Controller Josh Roos, City Treasurer Megan Ricks, Accountant Dave Hanneman, Fire Chief Randy Fife, City Attorney Kathy Hampton, City Clerk Mayor Casper called the meeting to order at 3:03 p.m. with the following: Acceptance and/or Receipt of Minutes: There were no minutes to accept. Calendar, Announcements and Reports: February 6, Parks and Recreation (P&R) All Staff Mandatory Meeting; and, Idaho Falls Fire Department (IFFD) Annual Awards Ceremony February 7, Road to the 2020 Census Presentation; and, Area of Impact Pre-Meeting February 11, City Council Work Session February 14, City Council Meeting February 15, Idaho Falls Police Department (IFPD) Awards Ceremony February 18, Presidents’ Day, City offices closed February 19, Area of Impact Meeting 3 February 22, Ribbon Cutting for Zoo Education Center February 22-23, Engineering Week Activities - Mayor Casper briefly reviewed these activities February 25, City Council Work Session February 28, Idaho Falls Power (IFP) Board Meeting; and, City Council Meeting Mayor Casper stated Councilmember Hally will be undergoing medical procedures in the near future and could be absent from several Council Meetings. She also stated she recently participated in the food distribution from the Community Food Bank for the federal government furloughed employees. Liaison Reports and Concerns: Councilmember Hally had no items to report. 1  January 28, 2019 - Unapproved Councilmember Smede stated discussion with the State legislature recently occurred regarding annexations. Councilmember Freeman had no items to report. Councilmember Francis reiterated the IFFD Awards Ceremony. He stated the IFFD has 15 projects forthcoming. He also stated the Senior Citizen Center is in need of drivers for the Meals on Wheels program. Councilmember Radford reiterated the Zoo Education Center Ribbon Cutting. Councilmember Dingman stated she recently attended the Targhee Regional Public Transportation Authority (TRPTA) Board Meeting. She indicated the TRPTA auditors commended the internal control improvements made by the TRPTA staff. Councilmember Dingman also stated the Civitans recently sponsored a Junior Community Civitan Club, this is not affiliated with any particular school. Airport Plan, and City Ordinance and Moratorium Discussion: Director Cramer stated 811 letters were recently distributed to property owners regarding the proposed moratorium. He commended the media for their outreach assistance. Director Cramer clarified this item should be considered as a resolution, not an ordinance. He reviewed the following: Legal Authority: Idaho Code 67-6523 – Emergency Ordinances and Moratoriums (Local Land Use Planning Act), which includes ‘imminent peril to the public health, safety, or welfare’. Federal Aviation Administration (FAA) Concerns –  Airport receives significant grant funding from State and Federal agencies  Grants required the City to sign assurances it will protect airspace and land use to provide for long-term operation of the airport  Failure to meet these assurances can result in loss of grant funding and requirement to repay previous funding Director Cramer stated the Airport Master Plan was approved in 2010, which showed a table of land uses that should be prohibited or regulated fairly restrictively to prevent interference with Airport operations. The Airport Master Plan was adopted as part of the City’s Comprehensive Plan in 2013. There was previous focus on height and noise issues although the Plan is also about land use, including the imminent development. Director Cramer has been immediately working with Director Cloutier regarding this issue due to pending developments. Director Cloutier stated this becomes a safety issue for aircraft as well as residents. Director Cramer stated FAA concerns have evolved over time. Idaho Falls has had standards in place for previous concerns, but has not adequately addressed the land use. He stated the moratorium is due to current applications for development. Director Cramer reviewed the map designating the proposed moratorium boundaries as well as the map included in the Airport Master Plan regarding land uses. He stated the moratorium is on each end of the critical aircraft approach areas. Director Cramer reviewed Zone 1, the more restrictive area. He indicated the moratorium is mirrored to the Plan, which does not just include land uses. It is proposed that no permits be issued and no development plans (preliminary plats, final plats, or site plans) be approved during the moratorium. This is not restricting annexation, initial zoning, or rezoning. He stated if there is an existing, approved development plan in Zone 1, permits could still be issued subject to approval by Community Development Services staff, Airport staff, and the FAA. Director Cramer reviewed Zone 2, which is similar to Zone 1, although a permit could be considered/issued for vacant lots in a current subdivision. However, a new plat would not be approved for vacant land. He reiterated the moratorium would only be in effect for certain things. Councilmember Freeman questioned the timeframe of the moratorium. Director Cramer stated the moratorium, per the approved resolution, can be lifted prior the 182 days. He indicated the goal is to have the moratorium completed in four (4) months. Mr. Fife stated a moratorium allows a time out to prevent long-term issues for the City. It also forces cities to make decisions not to impede progress. Director Cramer stated a significant amount of outreach will be performed during this process. He reviewed the proposed milestone schedule, including Planning and Zoning (P&Z) sessions, public open house and public hearings, stakeholder meetings, and City Council discussions. He is also aware of Comprehensive Plan amendments within this area. Mr. Fife stated this moratorium is for City property, development, and growth only and, does not include Bonneville County areas. Councilmember Smede stated this moratorium allows the correct process for the City. She believes this moratorium is important. Mayor Casper questioned the property owners affected by this moratorium. Director Cramer stated the number of property owners is fairly low although the financial impact could be large. Director Cloutier stated the area of impact is a 10,000’ radius and, the approach is a 20,000’ radius. The FAA would have the final approval within this radius. Mayor Casper 2  January 28, 2019 - Unapproved questioned the due diligence of development around the airport. Mr. Fife stated the ultimate responsibility would fall to the developer. Director Cloutier stated the FAA sets the guidelines and if the County chooses not to follow this plan, the City would be required to take action. Councilmember Radford realizes the primary focus of the FAA is safety although he believes this may be a frustrating process for business/property owners for predictability. Brief discussion followed regarding the FAA grant process. Director Cloutier reiterated more land needs to be protected for airport approach. He also stated the approach area could change depending on aircraft size/critical aircraft, which is currently addressed in the Airport Master Plan. Director Cramer stated due to recent development, the Airport staff is now part of the planning, reviewing, and approval process. Director Cloutier is hopeful a yearly discussion could occur regarding the Airport Master Plan. Brief general comments followed. Alcohol Ordinance Revision Discussion: Mayor Casper briefly reviewed the process for application/approval of alcohol licenses, including the City Council approval. Mr. Kirkham stated the current City Code addresses alcohol in four (4) different City Code sections. He also stated after recent review of State Code, which has been piecemealed over the course of time, the proposed draft ordinance would delegate the issuance of an alcohol license to the Clerk. Mr. Fife stated the licenses would no longer be required as an agenda item, although any appeal for denial of an alcohol license would be presented before the Council. He also stated the Police Chief, or his or her designee, would continue to approve the license. Mr. Kirkham clarified in the proposed ordinance amendment, a State and County license would be required before applying for a City license. He also noted expiration of City alcohol licenses would expire September 30 of each year to coincide with State and County licenses. Councilmember Francis questioned updating City Code referencing alcohol. Mr. Kirkham stated this would require a significant amount of staff time. Councilmember Freeman stated due to current discussion with the State legislature regarding liquor licensing, he recommended postponing any changes on a City level at this time. There was consensus for Legal Services to amend the City Code referencing alcohol as time allows. Brief comments followed regarding the age requirement. This item will be included on the January 31 Council Meeting agenda. Special Consideration of Approval for Beer Licenses to Billman Catering LLC; Smokin Fins; and, Sneekers Bar & Grill: Mayor Casper stated, per the previous conversation, the City Clerk has verified these three (3) businesses are eligible for a City license. It was moved by Councilmember Dingman, seconded by Councilmember Hally, to approve Beer licenses to Billman Catering LLC; Smokin Fins; and, Sneekers Bar & Grill. Councilmember Freeman questioned the approval of the beer license only, not the liquor license. Ms. Hampton stated per State Code, only Beer licenses were required to be approved by Council. Mr. Kirkham confirmed, per current City Code as well. It was then moved by Councilmember Dingman, seconded by Councilmember Hally, to approve the alcohol licenses as necessary for the City of Idaho Falls to Billman Catering LLC; Smokin Fins; and, Sneekers Bar & Grill. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. Quarterly Finance Presentation: Director Alexander briefly reviewed the quarterly presentation timelines. Mr. Hagedorn reviewed the following with general discussion throughout: 2017/18 Year-end Budget to Actual Revenue Reporting Total Revenues: 2017/18 Budget = $194,933,941 Year to Date = $162,672,984 Percentage Received = 83.45% Fund Balance is intended to balance the budget; more revenue, as a City, has been collected then expended; Taxes are collected on a five-year average; decrease in Intergovernmental was due to grants; and, Non-revenue Transfer is charges between Enterprise Funds and Government Funds, based on cost driving and true-up. 2017/18 Year-end Budget to Actual Expenditure Reporting 2017/18 Budget = $194,933,941 3  January 28, 2019 - Unapproved Year to Date = $162,672,984 Percentage Expended = 83% Wages/Benefits were higher; Capital Outlay (budgeted as capacity) was decreased to projects anticipated versus completed. FY 2017-2018 Expenses by Governmental Departments It was noted IFFD (Fire Department, Fire Capital Improvement Fund, and Ambulance Fund) was the only department that exceeded their budget. Wildland deployment is collected in the previous fiscal year. FY 2017-2018 Expenses by Enterprise Departments It was noted these departments are all under budget. FY 2017-2018 – General Fund and Government Funds General Fund was under budget as well as Street Fund, Recreation Fund, Library Fund, Business Improvement Fund, Golf Fund, and, Self-Insurance Fund. FY 2017-2018 Capital Improvement Funds Reserve funds are collected over time for future projects. Most funds were under budget. FY 2017-2018 Expenses – Enterprise Funds There were no comments. Fiscal Year 2018/19 Budget to Actual Revenue Reporting 2018/19 Budget = $206,598,558 Year to Date = $28,652,590 Percentage Received = 13.87% Year-end Forecast = $175,325,186 It was noted Mr. Roos just received the January payment of property taxes from Bonneville County to apply toward Taxes and Franchises. Fiscal Year 2018/19 Budget to Actual Expenditures Reporting 2018/19 Budget = $206,598,558 Year to Date = $28,652,590 Percentage Expended = 14% Year-end Forecast = $175,325,186 Wages will increase for seasonal employees. Wages will be over budget due to overtime. Per State, there will be a rate increase to Public Employee Retirement System of Idaho (PERSI). Debt Service (for Wastewater Treatment Plant loan) is two (2) years ahead, this has resulted in savings of approximately $400,000. Mr. Hagedorn stated expenses in the previous year exceeded revenues by $1.7m. This is partially related to the IFFD and their wildland deployment. He indicated this is being closely monitored. Mr. Hagedorn also stated the Recreation Fund expenses exceed the revenues. He indicated costs will be cut where possible. It was noted the Recreation Fund has a small levy. Ambulance Fund expenditures exceeded revenues by ~$1m. This is a complicated issue. Chief Hanneman stated Medicaid expansion could potentially bring in $1.5m. He also stated there is discussion to request the County to raise the tax levy (this could bring in ~$1.3m). Director Alexander stated there are three (3) agencies to assist with ambulance collections. It was noted this is a continued deficit. Mr. Roos stated an Investment and Bank Meet and Greet occurred in November 2018. He believes this was beneficial. Mr. Roos presented the following with general discussion throughout: 4  January 28, 2019 - Unapproved Current Banking –  Businesses with four (4) banks (Wells Fargo, US Bank, Zions Bank and Bank of Idaho) with a total of 18 accounts.  It was proposed to simplify to two (2) banks (Wells Fargo and Bank of Idaho) with a total of 12 accounts.  The City is currently making earnings credit that pays for all of monthly fees.  New proposed sweep account at Wells Fargo will have a sweep rate of 2.35% which will make approximately $20,000 per month in cash from interest, after all fees have been paid. Bank of Idaho will have Money Market account with interest earnings rate at 2.38%. These proposed changes are anticipated for March 2019. Councilmember Radford expressed his appreciation for these changes. Investment Trends –  Recession began in December 2007  Within one (1) year rates went from 4.25% to effectively zero  Between 2008 and 2015 the Fed kept the rate at zero  At the end of 2015 growth began to stabilize  In 2016 unemployment began to decrease and inflation began to increase. On December 15 the Fed raised rates to .75%  From December 2016 to December 2018 rates raised from .75% to 2.5%  The Federal Open Market Committee (FOMC) expects to increase the rate up to 3% in 2019. The markets expect no rate hike and a possibility of a rate cut by the end of the year.  There are three (3) main types of yield curve shapes: normal, flat and inverted  The US Treasury Yield Curve is starting to move to a flattened state. This means that there is little difference between short-term and long-term rates for bonds.  When there is a flat yield curve there is usually little benefit in holding the longer-term securities  Key private bank analysts expect that there will be further flattening of the yield curve throughout 2019 as the FOMC continues to ‘normalize’ rates and the economy continues to be more of the same. Current Cash and Investments (as of 12/31/2018) Cash and Investment Portfolio = $108,212,178.65 Agencies – 42 investments, $23,962,656.16, 22% CD’s – 24 investments, $10,986,314.37, 10% Corporate Bonds – 54 investments, $48,739,809.30, 45% Cash – $24,523,398.82, 23% Mr. Roos stated as investments have been maturing over the course of the previous year they have been applied toward cash which currently can be reinvested at a higher rate. Director Alexander expressed her appreciation to IFP Director Bear Prairie for his assistance with investments. Mr. Roos reviewed investments date of maturity and respective amounts. He stated the Investment Policy will be presented to City Council at the February 14, 2019 Council Meeting. He also stated Clearwater Analytics will be a great asset to analyze the City investments. He briefly reviewed Finance and Investment Committee meeting dates. Treasurer’s Report – required by Idaho State Statute 50-208. Mr. Roos briefly reviewed fund, beginning cash and investments, total receipts, total disbursements, and, ending balance cash and investments categories. He stated he will be adding additional categories/information in the future. Director Alexander reviewed cash and investment management including internal controls and monthly bank and investment reconciliations. Mr. Hagedorn stated the importance of internal controls over cash is tremendously vital to the organization for safe guarding, protection, and documentation. He commended Megan Ricks, Accountant, for her assistance with the improved process of reconciliation. He reviewed the reconciliation process, stating the goal is to reconcile on a daily basis versus a monthly basis to prevent fraud and error. Reconciliation is to match financial data with banking data. Mayor Casper commended the Municipal Services Department. 5  January 28, 2019 - Unapproved Director Alexander reviewed General Fund Management –  General fund departments should manage within their approved budget and any overages should be communicated to City Council  Importance of general fund departments bringing 2018/19 budgeted items before City Council by July 2019  Any new project or project(s) with ongoing costs to the general fund should be communicated to City Council to incorporate into forecast models Director Alexander briefly reviewed upcoming annual audit and annual risk management dates of presentation. There being no further business, the meeting adjourned at 6:03 p.m. CITY CLERK MAYOR 6  January 31, 2019 - Unapproved The City Council of the City of Idaho Falls met in Special Council Meeting, Thursday, January 31, 2019, in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 7:30 p.m. Mayor Casper stated this Special Council Meeting was held due to lack of a quorum for the Regular Council Meeting scheduled for January 24, 2019. Call to Order: There were present: Mayor Rebecca L. Noah Casper Councilmember Thomas Hally (by telephone) Councilmember Michelle Ziel-Dingman Councilmember John Radford Councilmember Jim Francis Councilmember Shelly Smede Councilmember Jim Freeman Also present: All available department directors Randy Fife, City Attorney Kathy Hampton, City Clerk Pledge of Allegiance: Mayor Casper requested Tason Stauffer, a 7th grade student at Sand Creek Middle School and Boy Scout Troop 189, to lead those present in the Pledge of Allegiance. Public Comment: Mayor Casper requested any public comment not related to items currently listed on the agenda or not related to a pending matter. Shannon Stewart, Idaho Falls, appeared. Ms. Stewart stated a sexually-oriented business is located in the back yard of her neighborhood and is a violation of Idaho Falls City Code Chapter 16. She believes if the Councilmembers are getting paid then they are lining their pockets. Mr. Fife and Mayor Casper reminded Ms. Stewart to address the Council. Ms. Stewart believes the neighborhood will have to police themselves. Consent Agenda: Municipal Services requested approval of Quote – Purchase of Relay Panels for Idaho Falls Power; Quote 19-101, City-wide Installation of Uninterruptible Power Supply (UPS) Upgrade for Municipal Services Department; Quote – Purchase of Playground Equipment for Community Park; Bid IF-19-08, Purchase of Power Distribution Transformers for Idaho Falls Power; and, Bid 19-14, Underground Electric and Fiber Optic Line Location for Idaho Falls Power. Idaho Falls Power requested approval of two (2) Power Transaction Confirmation Agreements with Shell Energy. The City Clerk requested approval of Treasurer’s Reports for the months of November and December 2018; minutes from the December 13, 2018 Idaho Falls Power Board Meeting; January 10, 2019 City Council Meeting; and January 14, 2019 Council Work Session and Executive Session; and, License Applications, all carrying the required approvals. 1  January 31, 2019 - Unapproved It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve all items on the Consent Agenda according to the recommendations presented. Roll call as follows: Aye – Councilmembers Francis, Dingman, Freeman, Hally, Radford, Smede. Nay – none. Motion carried. Regular Agenda: Community Development Services Subject: Resolution for Proposed Moratorium on Development Plans and Certain Types of Permits For consideration is a resolution and exhibits for a moratorium on development plans and certain types of permits in critical areas surrounding the Airport. The moratorium is in response to imminent development in these critical areas that create significant public health, safety, and welfare concerns and which is in direct conflict with the 2010 Airport Master Plan, which is also adopted as part of the City’s Comprehensive Plan. The moratorium is proposed to last no longer than 182 days. Notice of the proposed moratorium was sent to all affected property owners. The resolution outlines the details of restricted land uses and permit types for each zone. Staff respectfully requests approval of the resolution. Councilmember Smede stated the moratorium is for certain areas and per guidelines that will limit the types of development around the Airport. This moratorium is to ensure the City is fair and is flexible as possible although it is extremely important that the City is very thorough and comprehensive. Community Development Services (CDS) Director Brad Cramer believes there are several individuals concerned about the moratorium and CDS staff has received several phone calls regarding this issue. He stated the State allows moratoriums to be put in place when there is imperil to the public health, safety, or welfare. The moratorium is not to exceed six (6) months, is not allowed to be extended, and, another moratorium is not allowed to be instituted for one (1) year following the closure. The goal is to have the moratorium completed by May 9. Director Cramer stated there are two (2) zones covered in the moratorium which are critical for future Airport operations and represent areas that would be of concern for public health, safety or welfare if development of certain land uses occurs within those zones. Zone 1, those areas at the immediate ends of the two (2) runways, would have a more-strict moratorium. No permits or development plans would be approved for land uses that are considered incompatible with the Airport. The largest concern is residential development and where people gather. These areas could harm the greatest number of people if an airplane were to crash. Permits could still be issued for other land uses. Zone 2 covers the greatest number of lots and is less restrictive. Permits could still be issued for residential land use. The moratorium does not include permits issued within a residence, such as water heater, etc. If a lot is vacant within an existing subdivision a permit can still be issued. Zone 2 would not allow approval of new plans, including site plans. The moratorium will give the time needed to develop Code to protect against incompatible land uses. The land uses may have different design and layout requirements which could still be allowed. The draft Code will be discussed with the Planning and Zoning (P&Z) Commission on February 5. The Comprehensive Plan will also be amended during the moratorium as Zone 1 primarily shows residential land uses which is an incompatible land use. This amendment will include outreach with property owners and stakeholders. The Comprehensive Plan amendments will make sense with visions, Federal Aviation Administration (FAA) requirements, and, protection of the Airport. Director Cramer emphasized the moratorium is not forever and, does not mean no to everything. Councilmember Dingman questioned the areas of potential conflict within the Airport Master Plan. Director Cramer stated the map under review has been taken from the Airport Master Plan which showed concern for land uses. Previous concerns dealt with noise and height. Director Cramer also noted the Airport Master Plan is registered with the FAA. Whenever the City receives funding from the FAA, the City signs an assurance to follow the Plan and the FAA guidelines. The City is not currently in compliance with the Plan therefore, the FAA could initially stop further funding, the Airport could possibly re-pay those costs (approximately $60m), or the FAA could close the Airport. Mayor Casper stated this is about safety as the City would not want to be responsible for a catastrophe in a zone that was not 2  January 31, 2019 - Unapproved allowed or appropriate. She believes the City needs to develop responsibility and be in compliance with federal law. Councilmember Francis reiterated the specific clause in the resolution regarding public safety. It was moved by Councilmember Smede, seconded by Councilmember Dingman, to approve the Resolution declaring a moratorium on certain land uses within a defined geographic area for a period of not more than 182 days, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Smede, Hally, Dingman, Radford, Freeman, Francis. Nay – none. Motion carried. RESOLUTION NO. 2019-01 A RESOLUTION OF THE CITY OF IDAHO FALLS, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, DECLARING A MORATORIUM ON CERTAIN LAND USES AND BUILDING PERMIT APPLICATIONS WITHIN A DEFINED GEOGRAPHIC AREA WITHIN CITY LIMITS FOR A PERIOD OF NOT MORE THAN ONE HUNDRED EIGHTY-TWO DAYS (182) FROM THE DATE OF PASSAGE OF THIS RESOLUTION DUE TO IMMINENT PERIL OF PUBLIC HEALTH, SAFETY, AND/OR WELFARE; AND PROVIDING THAT THIS RESOLUTION BE EFFECTIVE UPON ITS PASSAGE. Idaho Falls Power Subject: Approve Updated Master Services Agreement with HDR Engineering In 2008, the City entered into a master services agreement with HDR Engineering Inc. for engineering services. The master services agreement is the blanket agreement governing all work between Idaho Falls Power and HDR Engineering Inc. HDR Engineering Inc. updates its master services agreements from time to time. The last update to the agreement was in 2014. It was moved by Councilmember Radford, seconded by Councilmember Hally, to approve the updated Master Services Agreement with HDR Engineering, and give authorization for the Mayor to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Francis, Radford, Dingman, Smede, Freeman. Nay – none. Motion carried. Municipal Services Subject: Amend City Code, Title 4, Chapters 2, 3 and 4, Requirements of Applicants for Retail Sales of Beer, Wine and Liquor As discussed and presented in the Monday, January 28, 2019 City Council Work Session, the Municipal Services Department is requesting an amendment to City Code, Title 4, Chapters 2, 3 and 4 to require applicants for retail sales of beer, wine and liquor to first obtain current, valid licenses from the County and State prior to applying for a City license. The amendment also aligns the City’s licensing calendar to coincide with Bonneville County and State licensing requirement. Finally, the amendment would allow for City Council ratification of license approvals granted by the City Clerk. Councilmember Radford stated this item was most recently discussed at the January 28 Council Work Session. He believes this will assist with a more stream-lined process while opening a business. It was moved by Councilmember Radford, seconded by Councilmember Smede, to approve the Ordinance amending City Code, Title 4, Chapters 2, 3 and 4, under the suspension of the rules requiring three complete and separate readings and that it be read by title and published by summary. Roll call as follows: Aye – Councilmembers Freeman, Radford, Smede, Francis, Dingman, Hally. Nay – none. Motion carried. At the request of Mayor Casper, the City Clerk read the ordinance by title only: 3  January 31, 2019 - Unapproved ORDINANCE NO. 3236 AN ORDINANCE OF THE CITY OF IDAHO FALLS, IDAHO, AMENDING CHAPTERS 2, 3, AND 4 OF TITLE 4 OF THE CITY CODE TO REQUIRE APPLICANTS FOR RETAIL SALES OF BEER, WINE, AND LIQUOR TO FIRST OBTAIN CURRENT, VALID LICENSES FROM THE COUNTY AND STATE PRIOR TO APPLYING FOR A CITY LICENSE; DELEGATING TO THE CLERK AUTHORITY TO ISSUE ALCOHOL LICENSES; CHANGING ALCOHOL LICENSE EXPIRATION DATES; AMENDING CERTAIN DEFINITIONS; PROVIDING SEVERABILITY, CODIFICATION, PUBLICATION BY SUMMARY, AND ESTABLISHING EFFECTIVE DATE. Fire Department Subject: Healthcare Transportation Service Agreement Extension For your consideration is an extension to the Healthcare Transportation Service Agreement between the City of Idaho Falls and Eastern Idaho Health Services, Inc. This extension maintains current terms and conditions of the current service agreement while the details of a new contract are negotiated. Councilmember Francis stated this agreement will allow the extension for six (6) months to allow negotiations for a formal, longer-term contract. Councilmember Dingman questioned the billing process. Fire Chief Dave Hanneman clarified Eastern Idaho Health Services is billed for the service per incident. It was moved by Councilmember Francis, seconded by Councilmember Radford, to approve the extension to the Healthcare Transportation Service Agreement, and give authorization for the Mayor and City Clerk to execute the necessary documents. Roll call as follows: Aye – Councilmembers Hally, Radford, Francis, Dingman, Smede, Freeman. Nay – none. Motion carried. Announcements and Adjournment: Mayor Casper stated representatives from the U.S. Bureau of Census will present a Census overview on February 7, 2019. There being no further business, the meeting adjourned at 8:00 p.m. CITY CLERK MAYOR 4 REGULAR AGENDA:  Honorable Mayor & City Council Chris H Fredericksen, Public Works Director February 11, 2019 Broadway Streetscape Improvements Construction Project Agreement with the Idaho Falls Redevelopment Agency Attached is a construction agreement with the Idaho Falls Redevelopment Agency with respect to the Broadway Streetscape Improvements Project. The project involves upgrading the sidewalks, landscaping, and irrigation along Broadway between Yellowstone Avenue and Memorial Drive. This agreement formalizes a $525,000.00 financial commitment toward the project by the IFRDA and stipulates that the City will provide design engineering and construction administration of the project, to be reimbursed by the IFRDA. This agreement has been reviewed by the City Attorney. Public Works recommends approval of this agreement; and, authorization for Mayor and City Clerk to sign the necessary documents. 2-38-19-2-STR-2019-12 2019-12  BROADWAY STREETSCAPE IMPROVEMENTS CONSTRUCTION PROJECT AGREEMENT THIS BROADWAY STREETSCAPE IMPROVEMENTS CONSTRUCTION PROJECT AGREEMENT (“Agreement”) is made and entered into this _____ day of _____________, 2018, by and between the City of Idaho Falls, a municipal corporation of the state of Idaho (“City”), and the Idaho Falls Redevelopment Agency, an urban renewal agency of the state of Idaho (“Agency”), individually referred to as “Party” and collectively as the “Parties.” RECITALS A. The Agency is authorized to undertake and carry out urban renewal projects to eliminate, remedy, or prevent deteriorated or deteriorating areas through redevelopment, rehabilitation or conservation, or any combination thereof, within its area of operation and is authorized to carry out such projects jointly with the City. B. The City Council, on December 14, 2006, after notice duly published, conducted a public hearing on the Second Amended and Restated Lindsay Boulevard Urban Renewal Plan (also known as the Idaho Falls Snake River Urban Renewal Plan, the Downtown Addition) (the “Second Amended and Restated Urban Renewal Plan”). C. Following said public hearing, the City Council adopted its Ordinance 2685, on December 14, 2006, approving the Snake River Urban Renewal Plan. D. Pursuant to the Snake River Urban Renewal Plan, the Agency has embarked upon certain public improvement projects within the Project Area as defined by the Snake River Urban Renewal Plan. E. The Idaho Transportation Department (“ITD”) owns and controls the right of way commonly known as Broadway Avenue as depicted in Exhibit A attached hereto and incorporated herein by reference and referred hereto as the Site. F. The City has a maintenance agreement with ITD for the right of way referenced in this agreement. G. One of the public improvement projects identified in the Snake River Urban Renewal Plan is the improvement of Broadway Avenue with enhanced streetscape improvements, including curbs, sidewalks, street trees, improved access, and other improvements, referred to herein as the Broadway Streetscape Improvements. H. The Agency and City desire that the Broadway Streetscape Improvements be developed, designed, and constructed upon the Site in the manner as will be designed and engineered by the City. 1  I. The City has expressed its desire to participate with the Agency for the purpose of designing and constructing the Broadway Streetscape Improvements and providing construction management services to the Agency for Broadway Streetscape Improvements. J. The City and the Agency hereby find and determine that this Agreement enables them to cooperate to their mutual advantage in a manner that will best accord with the needs and development of the City, the Agency, and ITD. K. The ability for the City and Agency to cooperate and jointly benefit each other is expressly allowed pursuant to Idaho Code Section 50-2015. L. In consideration of the payment by the Agency of the project costs as more specifically defined in this Agreement, the City hereby agrees to serve and perform as project manager for the design of the project; said design to be subject to the review and approval of the Agency. Additionally, the City hereby agrees to serve and perform as project manager for engineering and the construction (including the solicitation of those services) and provide project oversight and inspection. AGREEMENT NOW, THEREFORE, in consideration of the provisions contained herein and the recital set forth above which are a material part of this Agreement the parties agree as follows: 1. Definitions. As used in this Agreement, the following words, unless the context dictates otherwise, shall have the following meanings: Act shall mean collectively the Idaho Urban Renewal Law of 1965, being title 50, chapter 20, Idaho Code, as amended and supplemented and the Economic Development Act of 1988, title 50, chapter 29, Idaho Code, as amended and supplemented. Agency shall mean the Idaho Falls Redevelopment Agency, Idaho Falls, Idaho, an urban renewal agency created by and existing under the authority of the Act as an independent public body, corporate and politic. Board shall mean the Board of Commissioners of the Agency as the same shall be duly and regularly constituted from time to time. Broadway Streetscape Improvements shall mean those improvements to be constructed and installed at the Agency’s expense, which improvements consist of design, engineering, landscaping installation, sidewalks, curbs, irrigation, electrical 2 infrastructure, and permitting costs (within the ITD-owned Broadway right of way). City, after consultation with the Agency, shall include in the bid documents certain deductive alternates in order to better assure the Broadway Streetscape Improvements shall not exceed the Agency’s budgeted amount of $525,000, which includes the cost of engineering services and project administration and management by the City. City shall mean the City of Idaho Falls, Idaho, an independent public body, corporate and politic, of the state of Idaho, organized under various chapters of Title 50, Idaho Code, as amended. Construction Project Agreement shall mean this Broadway Streetscape Improvements Construction Project Agreement between the City and the Agency. Construction Site shall mean the location of Broadway Streetscape Improvements as depicted on Exhibit A. Contract shall mean the contract through which the general contractor is awarded the construction of Broadway Streetscape Improvements. Engineering Services shall mean the design, construction administration, and engineering work related to Broadway Streetscape Improvements to be performed by the City. Idaho Transportation Department (ITD) shall mean the owner of the right of way on which the improvements are proposed to be constructed. Snake River Urban Renewal Plan shall mean that certain document entitled “Second Amended and Restated Lindsay Boulevard Urban Renewal Plan” (also known as the Idaho Falls Snake River Urban Renewal Plan, the Downtown Addition) adopted and approved by the City and the Agency pursuant to the Act and City Ordinance No. 2685 approved December 14, 2006. 2. Recitals and Purpose. a. The Parties agree that the foregoing recitals are not mere recitations but are covenants of the Parties, binding upon them as may be appropriate and a portion of the consideration for the agreements contained herein. b. The purpose of this Agreement is to provide for the definition of rights, obligations, and responsibilities of the Agency and City regarding the design services, engineering services, construction administration, and cost estimating 3  services for the Construction Project Agreement. Generally, the Agency shall be responsible for the costs of construction of Broadway Streetscape Improvements, including costs for the design, engineering, and administration of Broadway Streetscape Improvements. The City shall serve as project manager as described below. This Agreement constitutes a joint agreement between the City and the Agency for the successful completion of Broadway Streetscape Improvements. 3. City Services and Responsibilities. City agrees to furnish its skill and judgment necessary to carry out the project administration for the Broadway Streetscape Improvements. 3.1 Broadway Streetscape Improvements Design and Construction. City shall perform necessary engineering or landscape architectural services, cost estimating, and construction management and administration for the Broadway Streetscape Improvements. These services include the acquisition of a permit from ITD as well as the completion of bid documents suitable for advertising and securing construction bids for the Broadway Streetscape Improvements. City shall provide a schedule for the completion of the bid documents. City shall provide the Agency with periodic reports and updates on the completion of the design services, engineering services, cost estimating, and bid specifications for Agency review and comment, including approval of the final design of Broadway Streetscape Improvements. 3.2 Bid Solicitation and Award. City shall solicit bids (“Bids”) for the Broadway Streetscape Improvements. Representatives from Agency and City shall review the Bids. Agency and City shall agree upon the qualified public works contractor submitting the lowest responsive, responsible bid in compliance with Chapter 28, Title 67, Idaho Code for the Broadway Streetscape Improvements, including the award of any deductive alternates necessary in order to not exceed the Agency’s budgeted amount, including construction contingency and any amounts payable to the City for engineering services. 3.3 Design and Construction Phase. The design and construction phase will commence with the effective date of this Construction Project Agreement and will end thirty (30) days after final payment to the contractor has been paid. The City shall: (1) Perform the design and engineering work for the Broadway Streetscape Improvements subject to the approval/permitting requirements of ITD; (2) Provide administration of the Broadway Streetscape Improvements in compliance with generally accepted standards recognizing that Broadway Streetscape Improvements is an Agency project with the City providing project management. City shall comply with all applicable statutory 4  provisions including, but not limited to, Chapter 28, Title 67, Idaho Code, concerning the solicitation of public works contracts; (3) Provide necessary project management and oversight to assure contractor’s timely progress and process all invoices and payment requests, verify contractor’s entitlement to all progress payments or other payments requested by contractor, and forward recommended payment requests to the Agency for payment; (4) Recommend necessary or desirable changes to the Agency and, if accepted, prepare and sign necessary change orders; (5) Inspect the work and advise the Agency whenever work fails to conform to the contract documents; (6) Receive and hold all certificates of insurance required by the construction contract; (7) Provide monthly progress reports to Agency either in writing or by presentation to Agency at Agency’s board meetings; (8) Assist in the interpretation of the drawings and specifications among the City, Agency, and the contractor; (9) Maintain all necessary records, documents, drawings, and other related documents normally maintained for a public works project; and (10) Determine when the Broadway Streetscape Improvements or a designated portion thereof is substantially complete, issue Certificates of Substantial Completion, and determine when the work is ready for final inspection and final payment to the contractor. The Contract for construction shall be between the City and the selected contractor. 4. Agency and City Obligations. The purpose of this Agreement is to provide for the definition of rights, obligations and responsibilities of the Agency and City regarding the construction of Broadway Streetscape Improvements. 5. Effective Date. This Agreement shall be effective upon execution of the Agreement by Agency’s Chairman of the Board of Commissioners and the Mayor of the City. 5  6. Method of Reimbursement. As consideration for the construction of Broadway Streetscape Improvements, the Agency shall pay for the costs of Broadway Streetscape Improvements, including Engineering Services and project management and administration by the City. City’s fees for engineering services and project management and administration shall not exceed fifteen percent (15%) of the bid submitted by the contractor awarded the contract. If after the opening of the bids, the estimated construction costs for the Broadway Streetscape Improvements, including Engineering Services and administration costs exceeds $525,000, the City shall request in writing the approval of the Agency for any additional funds. Such request shall be made prior to awarding the contract. In the event Agency is unable to provide additional funds, the Agency, City, and selected contractor shall determine how to modify the scope of the Broadway Streetscape Improvements to comply with the Agency’s budgeted not to exceed amount as set forth herein. In the event all bids are rejected, and the Broadway Streetscape Improvements are rejected, City shall be compensated for engineering costs incurred to date. In order to provide sufficient documentation to ensure compliance, the City shall provide the Agency with the following information in monthly invoices and in a final invoice upon completion of Broadway Streetscape Improvements: a. requests for payment for billing invoices received from the selected contractor for work related to Broadway Streetscape Improvements with sufficient documentation to ensure accuracy; and b. monthly reports on the Broadway Streetscape Improvements’ status as described above. Upon receipt and approval of the monthly invoice by the City, Agency shall remit payment directly to the contractor for all approved amounts within forty-five (45) days of receipt of the invoice. If Agency disputes any amount, Agency shall pay the undisputed amount within forty-five (45) days and reasonably cooperate with City to resolve the disputed amount. City shall include this payment process within the Contract with the selected contractor. City shall, upon completion of Broadway Streetscape Improvements, submit an invoice for all Direct Personnel Expense and Reimbursable Costs incurred by City for project design, management and construction inspection. If Agency disputes any amount, Agency shall pay the undisputed amount within forty-five (45) days and reasonably cooperate with the City to resolve the disputed amount. The purpose of this section is to provide for payment of Broadway Streetscape Improvements costs directly by the Agency. 6  Direct Personnel Expense is defined as that portion of the direct salaries of all of the City’s personnel engaged on the Broadway Streetscape Improvements and the portion of the cost of their mandatory and customary contributions and benefits related thereto such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits. This expense is defined as the direct salary costs with a state-approved overhead multiplier of 1.1 for an overall rate of 2.1 times the direct salary rate. The term Reimbursable Costs shall mean costs necessarily incurred by the City in the proper performance of services which directly benefit the Broadway Streetscape Improvements. Such costs shall be at rates not higher than the standard paid in Bonneville County for a public works project, except as may be approved by prior consent of the Agency. City, in its sole and unilateral discretion, may decide to forego reimbursement for expenses incurred for administration of the Broadway Streetscape Improvements as its contribution to the Broadway Streetscape Improvements. Provided, however, nothing contained in this section shall bind the Agency to pay any amount in excess of $525,000. The Parties acknowledge and recognize the likelihood of change orders through the construction process. The Parties, along with the selected contractor, shall endeavor to limit change orders to the amount provided as the contingency to the Broadway Streetscape Improvements. Under no circumstances shall City be responsible for additional costs incurred. 7. Records. Records of Broadway Streetscape Improvements costs, Reimbursable Costs and costs pertaining to Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Agency or the Agency’s authorized representative at mutually convenient times. 8. Insurance. The City (either itself or by the selected contractor) shall purchase and maintain, for the benefit of the City and the Agency, insurance for protection from claims under the worker’s compensation law of the state of Idaho arising from work performed on the Broadway Streetscape Improvements; claims for damages because of bodily injury, including personal injury, sickness, disease, or death of any of the City’s employees or of any person while working on the Broadway Streetscape Improvements; claims for damages because of injury to or destruction or loss of use of tangible property as a result of work on the Broadway Streetscape Improvements; damage to the Broadway Streetscape Improvements; and claims arising out of the performance of this Agreement and caused by negligent acts for which the City is legally liable. The terms and limits of liability shall be determined solely by the City, and nothing herein shall be construed as any waiver of any claim or defense by the City or the Agency premised upon any claim of sovereign immunity or arising from the Idaho Tort Claims Act. The amount of insurance shall be in the amounts set forth in the Idaho Tort Claims Act. 7  9. Amendment. This entire Agreement may be amended at any time and from time to time by the mutual written consent of the City and the Agency. 10. Severability. In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 11. Notice. Any and all notices required to be given by either of the Parties hereto, unless otherwise stated in this Agreement shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: To Agency: To City: Idaho Falls Redevelopment Agency Chris Fredericksen, P.E. c/o City of Idaho Falls Public Works Director Attn: Brad Cramer City of Idaho Falls P O Box 50220 P O Box 50220 Idaho Falls, ID 83405 Idaho Falls, ID 83405 12. Non-Waiver. Failure of either party to exercise any of the rights under this Agreement, or breach thereof, shall not be deemed to be a waiver of such right or a waiver of any subsequent breach. 13. Choice of Law. Any dispute under this Agreement, or related to this Agreement, shall be decided in accordance with the laws of the state of Idaho. 14. 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 costs and reasonable attorneys’ fees as determined by a court or arbitrator 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. 15. Authority to Execute. Agency and City have duly authorized and have full power and authority to execute this Agreement. 16. Indemnification. City agrees to indemnify, defend, and hold harmless Agency and its officers, agents, and employees from and against all claims, losses, actions, or judgments for damages or injury to persons or property to the extent caused by the City’s negligence or intentionally wrongful acts during the performance of this Agreement by City or City’s agents, or employees. In case any action or proceeding is brought against Agency or its officers, agents, or employees by reasons of, arising out of, or in connection with any negligence or intentionally wrongful acts by City or City’s agents and employees during the performance of this Agreement, 8 City, upon written notice from Agency, shall at City’s expense resist or defend such action or proceedings. 17. Assignment. It is expressly agreed and understood by the Parties hereto that City shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior express written consent of Agency. 18. Disputes. In the event that a dispute arises between Agency and City regarding application or interpretation of any provision of this Agreement, the aggrieved party shall promptly notify the other party to this Agreement of the dispute within ten (10) days after such dispute arises. If the Parties shall have failed to resolve the dispute within thirty (30) days after delivery of such notice, each party shall have the right to pursue any rights or remedies it may have at law or in equity. 19. Entire Agreement. This Agreement along with any and all exhibits attached hereto and incorporated herein by reference contains and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the Project. IN WITNESS WHEREOF, the parties hereto, through their respective governing boards, have executed this Agreement on the date first cited above. CITY OF IDAHO FALLS By _________________________________ Rebecca L. Noah Casper, Mayor ATTEST: ______________________________ Kathy Hampton, City Clerk IDAHO FALLS REDEVELOPMENT AGENCY By _________________________________ Lee Radford, Chairman ATTEST: ______________________________ Terri Gazdik, Secretary 9  EXHIBIT A SITE MAP 4824-8729-4342, v. 2  N E W S AS BUILT: 0 75 HORIZONTAL 150 Feet  N E W S AS BUILT: 0 75 HORIZONTAL 150 Feet