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Home My Public Portal AboutMinutes_CCMeeting_07182017AMENDED AGENDAI Iona City Council Regular Meeting July 18, 2017 — 7:00 p.m. Iona City Hall — 3548 North Main Street 1. WELCOME 2. ROLL CALL 3. PLEDGE OF ALLEGANCE 4. CONSENT AGENDA a. Minutes b. Financial and Expense Reports 5. ITEMS OF BUSINESS a. Public Hearings — None b. Fiscal Year 2018 Preliminary Budget Approval c. Approval for Water System Improvement Project d. Approval for November Bond Election e. Approval of Proposal for Bond Attorney f. Approval of Development Contract with East-Central Idaho Planning & Development Association (ECIPDA) g. Approval for Schiess and Associates to Perform the Required Addendum to the Department of Environmental Quality (DEQ) Water Planning Study h. Approval of Water Rights Lease Agreement i. Discussion of Establishing a Secondary Irrigation System j. General Water System Discussion k. Approval to Purchase Tablets 1. Discussion of Idaho Sod Zoning m. Frank's Auto Repair n. Fireworks o. Eclipse Planning p. Staff Reports 6. ADJOURNMENT ' The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed on the Agenda. Persons wishing to have items placed on the Agenda should contact the City Clerk no later than the Tuesday prior to the next meeting. Persons needing special accommodations to participate in the meeting should contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting. AMENDED ON 7/14/2017 TO INCLUDE ITEM (K) APPROVAL TO PURCHASE TABLETS NAME CITY COUNCIL MEETING JULY 18, 2017 7:00 P.M. VISITOR'S SIGN -IN CITY OF RESIDENCY Ted de/431/a( 4°°9-XrC., 1A41- t4z-ex THIS SIGN IN SHEET IS FOR THE REGULAR CITY COUNCIL MEETING AT 7:00 PM ONLY! CITY COUNCIL REGULAR MEETING IONA COMMUNITY CENTER JULY 18, 2017 — 7:00 P.M. PRESENT: Mayor Brad Andersen, Council President Dan Gubler, Council Member Rob Geray, Council Member Kathy McNamara, Council Member Dan Garren, Attorney Dale Storer, Public Works Director Zech Prouse, City Clerk Shara Roberts, Chief of Police Karl Bowcutt, and Treasurer Amy Sullivan. ABSENT: None. VISITORS: Ted Hendricks, Paul Scoresby, and Ryan Walker. Mayor Andersen welcomed everyone and Council President Gubler led with the Pledge of Allegiance. A roll call was taken to open the meeting. CONSENT AGENDA: City Council Minutes of June 27, 2017 were reviewed. Council reviewed the finance reports for the period ending June 30, 2017 (75% of the fiscal year elapsed). The City had $1,038,340.04 in the bank and routine bills had been paid, "Exhibit A". Mayor Andersen entertained a motion. Council President Gubler moved to add water connection fee to the agenda since the city attorney is now present. Council Member Geray seconded the motion. All in favor, motion carried. Mayor Andersen entertained a motion. Council Geray moved to approve the consent agenda as presented. Council Member Garren seconded the motion. All in favor, motion carried. ITEMS OF BUSINESS: Public Hearings: None. Fiscal Year 2018 Preliminary Budget Approval: Mayor Andersen inquired if the Council had any additional changes to the budget since it was discussed at the special work meeting on July l itn. Mayor Andersen explained in regards to the Mayor's Youth Advisory Council (MYAC) line item they increased it by $500 since they are helping to staff the Iona Day activities. The Council discussed increasing the budget from $1,000 to $2,000 for the Iona Historical Museum as requested. After further discussion, the Council agreed they would continue to not charge the Museum for water service, and it would remain at $1,000. If there were additional requests past the budgeted amount there are discretionary funds the Council can consider on a case by case basis. Additionally, all other utility payments are the responsibility of the Museum. Mayor Andersen asked Council Member McNamara as the liaison to communicate this with Chairman Marilyn Diehl. 1 Mayor Andersen entertained a motion. Council President Gubler moved to approve the preliminary budget for Fiscal Year 2018, "Exhibit B". Council Member Garren seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval for Water System Improvement Project: Ted Hendricks with East-Central Idaho Planning & Development Association (ECIPDA) explained the last time he met with the Council they had discussed moving forward with formalizing the water system improvement project and this evening they plan to present contract proposals. Once the City has finalized the scope of work for the project, the next step would be to move forward on starting to schedule public information meetings to help educate the public, and put together a fact sheet outlining the proposal, the reasoning behind it, and the estimated costs. Additionally, the City will want to formally notify the Department of Environmental Quality (DEQ) of their intentions to move forward. Council Member Geray inquired who would be putting together the fact sheet. Mr. Hendricks explained himself and Engineer Paul Scoresby will draft it and submit for the Council's review. Council Member Garren expressed the importance of having a united front moving forward with this project, and asked Council Member McNamara since she wasn't present at the last meeting if she was supportive of this project. Council Member McNamara expressed she was supportive of moving forward. After further discussion, the Council scheduled a special work meeting for Monday, July 24`h at 6:00 p.m. to discuss finalizing the scope of work. Mayor Andersen entertained a motion. Council Member McNamara moved to approve the water system improvement project. Council Member Garren seconded. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval for November Bond Election: Mayor Andersen entertained a motion. Council Member Garren moved to approve for a bond election in November of 2017. Council Member McNamara seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval of Proposal for Bond Attorney: The Council reviewed the proposal for the bond attorney, "Exhibit C". 2 Mayor Andersen entertained a motion. Council President Gubler moved to accept the proposal from MSBT Law to represent the City as the bond attorney for the water system improvement project. Council Member Geray seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval of Development Contract with ECIPDA: Ted Hendricks presented the development contract for the Council's review. He explained this contract would assist the City with the bond election by working closely with the bond attorney, providing all the educational information for the public, and securing the funding. Additionally, if the bond did not pass the contract would be reduced to reflect any services not rendered. Mayor Andersen entertained a motion. Council Member Geray moved to approve the contract with ECIPDA for a sum not to exceed $9,000, "Exhibit D". Council President Gubler seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval for Schiess and Associates to Perform the Required Addendum to the Department of Environmental Quality (DEQ) Water Planning Study: Mayor Andersen entertained a motion. Council President Gubler moved to approve Schiess and Associates to perfoiiiz the required addendum to the DEQ Water Planning Study, "Exhibit E". Council Member Geray seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval of Water Rights Lease Agreement: Attorney Storer reported the agreement is identical to what the Council participated in last year, except $400 less. The purpose of the agreement is for the City to lease water rights from the City of Pocatello. Mayor Andersen entertained a motion. Council President Gubler moved to approve the continuation of the Water Rights Lease Agreement, "Exhibit F". Council Member Garren seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Discussion of Establishing a Secondary Irrigation System: Engineer Paul Scoresby reported he provided a detailed outline to Director Prouse regarding the establishment of a secondary irrigation system, "Exhibit G". He is estimating the yearly costs to be between $11,000 - $12,000, which includes staff labor. The Council discussed the pros and cons of establishing a secondary irrigation system as they consider the future of the City's water system. 3 General Water System Discussion: Mayor Andersen asked Engineer Paul Scoresby if the water system at this time would be able to serve 20 to 25 homes until the water system improvement project is completed. Mr. Scoresby expressed the system could potentially service more homes. However, every connection from here on out has the potential to add stress to the system and lower the water pressure during peak demand. Approval to Purchase Tablets: Clerk Roberts reported the information for this purchase was given to the Council at the last meeting. She explained the cost and time reduction benefits of moving forward with electronic documents for public meetings and digitizing the city code book. Mayor Andersen entertained a motion. Council Member Garren moved to approve the purchase of tablets with accessories. Council Member McNamara seconded the motion. All in favor, motion carried. Discussion of Idaho Sod Zoning: Chief Bowcutt reported he sent out additional correspondence to the owners of Idaho Sod notifying them of their land use violation. He did receive a response letting him know the business has been moved to the City of Ammon. After further discussion, the Council directed Chief Bowcutt to continue ensuring the true use of the land coordinates with the City's land use ordinances. Frank's Auto Repair: Mayor Andersen reported he has received numerous complaints about Frank's Auto Repair, and the question is whether or not he is in violation of city code. Council Member Garren suggested talking with him first and letting him know of the public's concerns to see if he has ideas on how to solve the complaints. After further discussion, the Council directed Chief Bowcutt to continue conversations regarding possible solutions. Fireworks: Mayor Andersen reported he received numerous complaints about fireworks this year. He suggested the Council consider putting a curfew in ordinance to help alleviate these concerns. After further discussion, the Council determined the Police Department simply needs to enforce the city and state ordinances which already exist. Council Member Garren suggested putting information in the newsletter and on the website next year notifying people of the laws, and that it will be enforced. Eclipse Planning: Mayor Andersen reported he did identify someone in the community who has mobile ham radios to be used for emergency communications if needed for the solar eclipse. Director Prouse reported after the Council approved a budget of $10,000 for the 500 gallon fuel tank the quote came in for a little over $10,000 since it requires a little bit more construction to meet the Department of Environmental Quality (DEQ)'s requirements. So he is seeking approval from the Council for the increased price of $13,000. Council Member Geray noted long term this purchase will also mean more affordable fuel on a day to day basis for the vehicles used for the Public Works and Police Department. 4 Mayor Andersen entertained a motion. Council President Gubler moved to approve the $3,000 dollar increase for the purchase of the 500 Gallon fuel tank. Council Member Geray seconded the motion. All in favor, motion carried. Water Connection Fee Discussion: Attorney Storer reported Engineer Paul Scoresby is still working on the underlying engineering report in order to substantiate the methodology they are using to justifying the increase in the water connection fee. He further explained they are pretty close on final draft of the ordinance for the Council's review. Ideally, they would like to share the final draft of the ordinance and the engineering report with the Council during a special work meeting to gather feedback and input. He further explained the one thing that is not in place at this time is the valuation of the existing water rights. He did contact a water rights appraiser and received a bid for $8,000, which he feels is on the high end. He is seeking direction from the Council on how they want to proceed. Additionally, he suggested the Council have the appraisal completed more economically and has a few more referrals he can look into. After further discussion, the Council directed Attorney Storer and Engineer Paul Scoresby to have the draft documents ready for further review and discussion for the special work meeting scheduled on Monday, July 24th. Mayor Andersen requested Attorney Storer continue reaching out to other referrals for finding a water rights appraiser for the regularly scheduled city council meeting on Tuesday, August 15th Staff Reports: None. Meeting adjourned at 8:57 p.m. COUNCIL APPROVED: August 15th, 2017 ATTEST: Shara Roberts, y Clerk Brad Andersen, Mayor 5 City of Iona Finance Worksheet - Banks Page: 1 Period: 06/17 Jul 13, 2017 09:23AM Report Criteria: Print Source Titles Total by Source Print Department Titles Total by Department All Segments Tested for Total Breaks [Report].Account Number ="011050","101175","101221","101231","511200","511222","511252","101242","511211" Prior month 2 Prior month 2016-17 Current year Account Number Account Title Actual 01-1050 CHECKING - COMMERCE BANK 126,883.63 180,276.59 58,238.39 10-1175 INVESTMENTS -COMMERCE -GENERA 162,654.26 162,656.04 202,678.11 10-1221 ZIONS - GENERAL INVESTMENTS 58,648.35 58,670.03 58,689.74 10-1231 KEY BANK GENERAL INVESTMENTS 157,976.29 157,978.98 157,981.57 10-1242 WESTMARKCD--GENERAL 51,759.19 51,759.19 51,759.19 51-1200 INVESTMENTS -COMMERCE WATER 192,988.15 192,990.26 263,017.63 51-1211 WESTMARK CD -WATER 53,871.83 53,871.83 53,871.83 51-1222 ZIONS - WATER iNVESTMENTS 39,124.32 39,139.39 39,153.10 51-1252 ZIONS BANK --WATER INVESTMENTS 152,840.78 152,898.23 152,950.48 Net Grand Totals: 996,746.80 1,050,240.54 1,038,340.04 Exhibit "A" ,• City of Iona Check Register - Iona Check Issue Dates: 6/1/2017 - 6/30/2017 Page: 1 Jul 12, 2017 11:04AM 4.114 Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 06/17 06/02/2017 15020 06/17 06/05/2017 15021 06/17 06/05/2017 15022 06/17 06/06/2017 15023 06/17 06/06/2017 15032 06/17 06/06/2017 15033 06/17 06/06/2017 15034 06/17 06/06/2017 15035 06/17 06/06/2017 15036 08/17 06/06/2017 15037 06/17 06/06/2017 15038 06/17 06/06/2017 15039 06/17 06/06/2017 15040 06/17 06/06/2017 15041 06/17 06/06/2017 15042 06/17 06/06/2017 15043 06/17 06/06/2017 15044 06/17 06/06/2017 15045 06/17 06/14/2017 15048 06/17 06/14/2017 15049 06/17 06/14/2017 15050 06/17 06/14/2017 15051 06/17 06/14/2017 15052 08/17 06/14/2017 15053 06/17 06/14/2017 15054 06/17 06/14/2017 15055 06/17 06/19/2017 15056 06/17 06/19/2017 15057 06/17 06/19/2017 15058 08/17 08/19/2017 15059 06/17 06/19/2017 15060 06/17 06/22/2017 15068 06/17 06/22/2017 15069 06/17 06/22/2017 15070 08/17 08/22/2017 15071 06/17 06/22/2017 15072 06/17 06/22/2017 15073 06/17 06/22/2017 15074 06/17 06/26/2017 15075 06/17 06/26/2017 15076 06/17 06/30/2017 15077 06/17 06/30/2017 15078 Grand Totals: Summary by General Ledger Account Number EMILY DOWNEY ALLEN ELDRIDGE GREG MCBRIDE USPS AMERICAN CONSTRUCTION SUPPLY & REN BMC BRENT PURCELL EGAN MACHINE, INC. H.D. FOWLER CO. IDAHO TRAFFIC SAFETY, INC. NETBACK,LLC PC PLUS PEAK ALARM PRO RENTALS & SALES, INC PSI ENVIRONMENTAL RMT TETON MICROBIOLOGY LAB VERIZON WIRELESS BISCO BONNEVILLE CO. SOLID WASTE BONNEVILLE COUNTY PROSECUTOR'S OFF DIGLINE, INC. INTERMOUNTAIN GAS CO. IONA FOOD MART SCREEN GRAPHICS, INC. UTILITY SERVICES ASSOCIATES, LLC ALLEN ELDRIDGE GREG MCBRIDE BLACKFOOT IRWA WESTERN SYSTEMS, INC. CABLE ONE FALLS PLUMBING SUPPLY, INC. HOME DEPOT CREDIT SERVICES PORTER'S OFFICE PRODUCTS RESPOND FIRST AID SYSTEMS ROCKY MTN. POWER UNITED MAILING DIRECT ROCKWELL HOMES o\- 4ervH A fee 5 BRAD ANDERSEN ALLEN ELDRIDGE GREG MCBRIDE GL Account Debit Credit Proof 10-2010 10-41-50 10-41-65 .00 26,925.96- 26,925.96- 644.87 .00 644.87 817.46 .00 817.46 Iona Day printing Charges reimbur 104770 Building inspections 104720 Mechanical Inspections 104720 Mailing Water statements 514150 Xylene for SJpash Pad 104710 2X8X12's T oi-t.e / msf2vi4(S 104710 Electrical Inspections 104720 S.S. plate 104710 Heat Shrink 104710 Spring Clean-up banner 104150 Office PC's backup 104150 Office IT Services 514150 Qtrly Security alarm monitoring 104150 Post Auger rental 104730 Garbage pick up 514710 Lawn mower part 104710 Water tests 514710 Cell phones 104720 Tools 104710 County Dump refuse 104710 Qtriy. Retainer Services 104680 Utility Locator 514710 Natural gas -heating 514175 Misc. supplies 104710 Recreation -Baseball shirts & hats 104960 Water line survey & Pinpointing Pr 514710 Building inspections 104720 Mechanical Inspections 104720 Telephones 104150 Membership Dues 514710 School Zone Solar replacement a 104710 Internet 104150 City Park maint. 104710 Parks Maintenance 104710 Office supplies 104150 First Aid Kits refilled 514710 Street Lights - A l ► p ower 104175 Preparing Water statements 514150 Reim. Water Hook-up fee on dupli 514720 AIC Conf: Travel, lodging, meals, 104165 Building inspections 104720 Mechanical Inspections 104720 315.77 M 1,818.00 2,236.48 343.00 181.64 266.69 440.00 154.00 11.51 90.00 75.00 180.00 113.79 78.54 199.89 48.39 100.00 329.51 44.03 200.00 300.00 3.42 176.39 27.85 9,583.00 1,809.00 1,766.00 788.96 222.28 440.00 1,838.38 59.50 64.12 191.12 422.77 144.91 6,967.35 346.69 4,550.60 817.46 1,034.00 838.36 39,618.40 M = Manual Check, V = Void Check City of Iona Check Register - Iona Check Issue Dates: 6/1/2017 - 6/30/2017 Page: 2 Jul 12, 2017 11:04AM GL Account Debit Credit Proof Grand Totals: Dated: Mayor: flIN City Council: 10-41-75 992.48 .00 992.46 10-46-80 300.00 .00 300.00 10-46-90 345.20 .00 345.20 10-47-10 3,351.25 .00 3,351.25 10-47-20 10, 500.83 .00 10, 500.83 10-47-30 26.52 .00 26.52 10-47-70 315.77 .00 315.77 10-49-60 9,831.60 .00 9,631.60 51-2010 .00 12,692.44- 12,692.44- 51-41-50 1,014.97 .00 1,014.97 51-41-75 6,151.28 .00 6,151.28 51-47-10 2,528.19 .00 2,526.19 51-47-20 3,000.00 .00 3,000.00 39,618.40 39,618.40- .00 3-15- 2oil- mom, o� Report Criteria: Report type: Summary M = Manual Check, V = Void Check City Of lon:3 ( ' � � � _l � � � Joumotiry'Detail Journal: CID CASH DISBURSEMENTS ' COMMERCE 'GEN-CHECK Period: 06/17 7n2/2O17 Page: 1 ' Account Number Account Amount -� --��-------------- Comment 7'0,�� COMMERCE BANK ---F--�- ---�------------� /-'___--__--'-'-_-_-__' ��-------General 40,000.00-� ---'--r--------~-------------------------� - � ��117� | nx�n�p *nm�"�~�,�=��"+"c""~�/ ' ^""""""i - ---_ 0,1050 CHECKING ' COMMERCE BANK lTransfer from General checking to Water S 70,000.00- ^---- ----'--~------ ' 9.0001106/12/2017 10-0001|06/12/I017 | '��---------�-'---'Transfer from General checking to Water- ' .^"-, -9v MISCELLANEOUS EXPENSE i EEXPENSE &ADMIN. ��er�lCRMPT��gne�� hmen&supp �' ��rr� ------�--'----- ' --'--- ��m��m*on� Training o�as�ne�s 110-41-50 OFFICE EXPENSE &ADMIN. 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OFFICE EXPENSE & ADMIN. :OFF ICE EXPENSE VSE/ ADMIN ;OFFICE EXPENSE &ADMIN. ---- !uTzLDYCASH CLEARING 'Clerk-AIC Conf. training parking iClerk-AIC Conf.-Capital parking fee -----f------/ 1 'Clerk -Council misc. 91.861 55.25 PSN monthly service fee 45—i !PSNmonthly service fee i 45.83/ 'Clerk-Google email - !Clerk-Google email manager / } � �� Police -Office supplies 'Public Works -Splash Pad parts Public Works -safety boots 'Public Works -safety boots | 74.98 |'nblo� .�o'�mewFlag � 33.49 |PubUcVVorks-� Works -New 32.501 l'-----------'-- - '��j /NSpacct. 7201 ck#995002Akvaez Daniel| oumm berk-AIC Conf. training rental car fuel 45.94 |Cler�AlC[onC�ah�ng�n�lcar �� 40.191 o---- i--------------'------�- ---'- |erk+uCOmf training . 7.5--+0;� � ` 14197.0002106/30/2016/01'1050 |CHECKING 'COMMERCE BANK ] | ' ' j ! / �- --------------1 Move Voided ck.-Trenton Guthrie to currenC 22.00;' |Move Voided ck.qrentonGuthrie tocurrent; 22.00-! 990010001:06/07/2017 01'1050 |CHECKING - COMMERCE BANK 'TOTAL CHECKS & OTHER CHARGES ' COMl-197.96-1 ------- | Truflatraliti ;-00'SS ! 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LIOZ/0E/90'10007T066 -- LTOZ/LZ/904000'IT066 LTOZ/EZ/90,1000'0T066 LTOZ/EZ/90'T000'60066 LTOZ/TZ/90'1000'80066 Li OW Z/90 iT000'L0066 LTOMT/901T000'90066 OSOT-T0i LIOZ/OZ/90 1000'S0066 4 OSOT-T01 LIOZ/ST/901T000170066 OSOT-I01 LTOZ/Z1/9-0[1000'£0066 OSOT-TO' LIOZ/S0/90iT000'Z0066 aaqumN iuncoN a2eQ awaialas Col jo Apo TAX REVENUE 10-31-10 PROPERTY TAX REVENUE TOTAL TAX REVENUE LICENSES & PERMITS 10-32-20 BEER & DOG LICENSES TOTAL LICENSES & PERMITS INTERGOVERNMENTAL REVENUE CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING JUNE 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 3,224.37 166,247.93 254,000.00 87,752.07 65.5 3,224.37 166,247.93 254,000.00 87,752.07 65.5 35.00 577.00 600.00 23.00 96.2 35.00 577.00 600.00 23.00 96.2 10-33-10 STATE LIQUOR TAX 15,116.00 60,464.00 75,000.00 14,536.00 80.6 10-33-20 STATE REVENUE SHARING .00 73,200.77 80,000.00 8,799.23 91.5 10-33-30 STATE HIGHWAY USERS .00 72,619.22 70,000.00 ( 2,619.22) 103.7 10-33-40 POLICE REVENUE 211.05 8,103.14 5,000.00 ( 3,103.14) 162.1 10-33-50 POLICE GRANTS .00 1,500.00 .00 ( 1,500.00) .0 10-33-80 GRANTS .00 2,000.00 17,000.00 15,000.00 11.8 TOTAL INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICE 15,327.05 217,887.13 247,000.00 29,112.87 88.2 10-34-10 BUILDING INSPECTION FEES 7,857.60 56,622.55 75,000.00 18,377.45 75.5 10-34-20 CABLE TV FRANCHISE .00 3,595.91 5,000.00 1,404.09 71.9 10-34-30 NATURAL GAS FRANCHISE .00 9,034.34 13,000.00 3,965.66 69.5 10-34-40 POWER FRANCHISE .00 18,731.19 25,000.00 6,268.81 74.9 TOTAL CHARGES FOR SERVICE 7,857.60 87,983.99 118,000.00 30,016.01 74.6 OTHER REVENUE 10-36-10 INTEREST 10-36-50 BUILDING RENT 10-36-60 MYAC REVENUE 10-36-70 IONA DAY REVENUE 10-36-90 MISCELLANEOUS REVENUE TOTAL OTHER REVENUE ( 44.37 300.00 1,450.00 500.00 986.75) 801.02 9,336.25 2,390.00 500.00 9,471.13 500.00 12,000.00 400.00 1,500.00 7,000.00 301.02) 160.2 2,663.75 77.8 1,990.00) 597.5 1,000.00 33.3 2,471.13) 135.3 1,307.62 22,498.40 21,400.00 ( 1,098.40) 105.1 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/13/2017 09:39AM PAGE: 1 RECREATION REVENUE 10-37-50 RECREATION FEES 10-37-60 SHELTER RENTAL TOTAL RECREATION REVENUE EQUIPMENT REPLACEMENT CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING JUNE 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT 425.00 76,988.75 73,000.00 ( 350.00 790.00 1,000.00 3,988.75) 105.5 210.00 79.0 775.00 77,778.75 74,000.00 ( 3,778.75) 105.1 10-38-20 EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 RESERVES 10-39-50 RESERVES .00 .00 127,700.00 127,700.00 .0 TOTAL RESERVES .00 .00 127,700.00 127,700.00 .0 TOTAL FUND REVENUE 28,526.84 572,973.20 887,700.00 314,726.80 64.6 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/13/2017 09:39AM PAGE: 2 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING JUNE 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-41-10 PAYROLL 10,368.14 80,924.11 120,000.00 39,075.89 67.4 10-41-20 PAYROLL TAXES 1,065.78 7,967.54 13,000.00 5,032.46 61.3 10-41-30 RETIREMENT 1,095.53 9,339.28 14,000.00 4,660.72 66.7 10-41-40 HEALTH INSURANCE 2,631.13 19,204.53 35,000.00 15,795.47 54.9 10-41-50 OFFICE EXPENSE & ADMIN. 932.45 9,471.33 16,000.00 6,528.67 59.2 10-41-55 PUBLISHING .00 797.57 1,500.00 702.43 53.2 10-41-60 LEGAL & AUDIT FEES .00 15,041.52 30,000.00 14,958.48 50.1 10-41-63 ENGINEERING .00 295.00 14,000.00 13,705.00 2.1 1041-65 TRAINING/TRAVEL 1,074.45 3,252.46 4,500.00 1,247.54 72.3 1041-70 INSURANCE LIABILITY .00 6,791.50 15,000.00 8,208.50 45.3 10-41-75 ELECTRICITY - NATURAL GAS 992.46 12,700.11 17,000.00 4,299.89 74.7 TOTAL ADMINISTRATION 18,159.94 165,784.95 280,000.00 114,215.05 59.2 POLICE DEPARTMENT 10-46-10 POLICE -PAYROLL 10-46-20 PAYROLL TAXES 10-46-30 POLICE -RETIREMENT 10-4840 POLICE -HEALTH INSURANCE 1048-60 POLICE -VEHICLE 10-48-70 POLICE -TRAINING 10-46-80 POLICE-COUNTY/DISPATCH 10-46-90 POLICE -GENERAL TOTAL POLICE DEPARTMENT MISCELLANEOUS DEPT 8,681.00 75,590.44 97,000.00 21,409.56 77.9 805.14 6,925.88 11,000.00 4,074.32 63.0 1,112.20 9,574.47 13,000.00 3,425.53 73.7 1,574.25 14,168.25 26,000.00 11,831.75 54.5 .00 8,073.59 8,000.00 ( 73.59) 100.9 .00 3,151.53 5,000.00 1,848.47 63.0 300.00 21,794.27 40,000.00 18,205.73 54.5 380.17 12,461.77 19,000.00 6,538.23 65.6 12,852.76 151,740.00 219,000.00 67,260.00 69.3 10-47-10 MAINTENANCE 3,453.57 47,962.00 110,000.00 62,038.00 43.6 10-47-20 BUILDING INSPECTIONS 10,385.83 33,246.01 35,000.00 1.753.99 95.0 10.47-30 EQUIPMENT EXPENSE 26.52 1,826.80 6,000.00 4,173.20 30.5 10-47-50 CIVIL DEFENSE .00 895.00 900.00 5.00 99.4 10-47-60 MYAC EXPENSE .00 271.36 1,500.00 1,228.84 18.1 10-47-70 IONA DAY EXPENSE 315.77 315.77 5,300.00 4,984.23 6.0 1047-80 MUSEUM EXPENSE .00 1,229.70 1,000.00 ( 229.70) 123.0 1047-90 MISCELLANEOUS EXPENSE 247.96 3,440.40 10,000.00 6,559.60 34.4 TOTAL MISCELLANEOUS DEPT CAPITAL OUTLAY 14,429.65 89,187.04 169,700.00 80,512.96 52.6 10-48-10 LIBRARY .00 .00 2,000.00 2,000.00 .0 10-48-20 CAPITAL IMPROVEMENTS .00 7,020.00 98,000.00 90,980.00 7.2 TOTAL CAPITAL OUTLAY .00 7,020.00 100,000.00 92,980.00 7.0 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/13/2017 09:39AM PAGE: 3 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING JUNE 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT RECREATION EXPENDITURES 10-49-10 RECREATION LABOR 1,218.00 22,196.01 40,000.00 17,803.99 55.5 10-49-20 PAYROLL TAXES 141.77 2,576.15 4,000.00 1,423.85 64.4 10-49-50 RECREATION SUPPLIES .00 12,372.02 16,000.00 3,627.98 77.3 10-49-60 RECREATION EQUIPMENT 9,822.03 11,341.22 12,000.00 658.78 94.5 10-49-70 RECREATION MAINTENANCE .00 .00 2,000.00 2,000.00 .0 TOTAL RECREATION EXPENDITURES 11,181.80 48,485.40 74,000.00 25,514.60 65.5 EQUIPMENT REPLACEMENT 10-50-10 EQUIPMENT REPLACEMENT .00 10,024.17 45,000.00 34,975.83 22.3 TOTAL EQUIPMENT REPLACEMENT .00 10,024.17 45,000.00 34,975.83 22.3 TOTAL FUND EXPENDITURES 56,624.15 472,241.56 887,700.00 415,458.44 53.2 NET REVENUE OVER EXPENDITURES ( 28,097.51) 100,731.64 .00 ( 100,731.64) .0 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/13/2017 09:39AM PAGE: 4 CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING JUNE 30, 2017 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT OPERATING REVENUE 51-31-10 COLLECTIONS 24,723.03 222,612.75 288,000.00 65,387.25 77.3 51-31-30 HOOK UP FEES 9,000.00 87,000.00 102,000.00 15,000.00 85.3 TOTAL OPERATING REVENUE 33,723.03 309,612.75 390,000.00 80,387.25 79.4 WATER 51-35-10 WATER SYSTEM .00 .00 339,700.00 339,700.00 .0 TOTAL WATER .00 .00 339,700.00 339,700.00 .0 MISCELANEOUS REVENUE 51-36-10 INTEREST 51-36-20 MISC REVENUE TOTAL MISCELANEOUS REVENUE EQUIPMENT REPLACEMENT 93.33 1,382.94 1,000.00 ( 382.94) 138.3 .00 .00 500.00 500.00 .0 93.33 1,382.94 1,500.00 117.06 92.2 51-38-60 EQUIPMENT RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 50,000.00 50,000.00 .0 RESERVES 51-39-50 RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL RESERVES .00 .00 50,000.00 so.000.00 .o TOTAL FUND REVENUE 33,816.36 310,995.69 831,200.00 520,204.31 37.4 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/13/2017 09:39AM PAGE: 5 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 9 MONTHS ENDING JUNE 30, 2017 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 51-41-10 PAYROLL 5,777.78 82,445.38 90,000.00 27,554.62 69.4 51-41-20 PAYROLL TAXES 583.72 6,301.38 10,000.00 3,698.62 63.0 51-41-30 RETIREMENT 707.40 7,550.58 11,000.00 3,449.42 68.6 51-41-40 HEALTH INSURANCE 1,418.77 17,226.57 19,000.00 1,773.43 90.7 51-41-50 OFFICE EXPENSE & ADMIN. 1,138.78 13,951.34 15,000.00 1,048.66 93.0 5141-60 LEGAL .00 18,815.48 30,000.00 11,184.52 62.7 51-41-70 INSURANCE LIABILITY .00 6,791.50 6,200.00 ( 591.50) 109.5 51-41-75 ELECTRICITY & NATURAL GAS 6,151.28 24,289.41 50,000.00 25,710.59 48.6 51-41-80 ENGINEERING .00 7,962.00 26,000.00 18,038.00 30.6 TOTAL ADMINISTRATION MISCELLANEOUS 51-47-10 MAINTENANCE & REPAIRS 51-47-20 MISCELLANEOUS EXPENSE 51-47-30 EQUIPMENT EXPENSE 51-47-35 EQUIPMENT RENT TOTAL MISCELLANEOUS CAPITAL IMPROVEMENTS 15,775.71 165,333.64 257,200.00 91,866.36 64.3 ( 2,601.17 26,013.94 50,000.00 23,986.06 52.0 50.00) 3,000.00 1,000.00 ( 2,000.00) 300.0 .00 414.99 1,000.00 585.01 41.5 .00 .00 2,000.00 2,000.00 .0 2,551.17 29,428.93 54,000.00 24,571.07 54.5 51A8-20 CAPITAL IMPROVEMENTS .00 3,966.68 480,000.00 476,033.32 .8 TOTAL CAPITAL IMPROVEMENTS .00 3,966.68 480,000.00 476,033.32 .8 EQUIPMENT REPLACEMENT 51-50-10 EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0 TOTAL FUND EXPENDITURES 18,326.88 198,729.25 831,200.00 632,470.75 23.9 NET REVENUE OVER EXPENDITURES 15,489.48 112,266.44 .00 ( 112,266.44) .0 FOR ADMINISTRATION USE ONLY 75 % OF THE FISCAL YEAR HAS ELAPSED 07/13/2017 09:39AM PAGE: 6 '411 FY16 Budget FY16 Actuals FY17 Budget FY17 Actuals18 Proposed GENERAL REARM thru June 30 Property Tax Revenue 244000.00 251581.22 254000.00 166247.93 261757.00 Beer & Dog Licenses 700.00 584.00 600.00 577.00 500.00 State Liquor Tax 78213.00 71787.00 75000.00 60464.00 60464.00 Projected numbers from the state State Rev. Sharing 93557.00 100018.68 80000.00 73200.77 119297.00 Projected numbers from the state State Hwy Users 79705.00 86397.80 70000.00 72619.22 88135.00 Projected numbers from the state Police Revenue 9660.00 11748.50 5000.00 8103.14 11800.00 Police Grants 0.00 0.00 1500.00 1500.00 Grants 282.95 17000.00 2000.00 17000.00 Building Inspection Fees 74000.00 71060.50 75000.00 56622.55 40000.00 Cable TV Franchise 8700.00 5592.00 5000.00 3595.91 5400.00 Natural Gas Franchise 13000.00 11467.09 13000.00 9034.34 13500.00 Power Franchise 27000.00 23208.38 25000.00 18731.19 28000.00 Interest 1300.00 728.92 500.00 801.02 1200.00 Building Rent 13500.00 10452.50 12000.00 9336.25 13500.00 MYAC Revenue 1000.00 1174.00 400.00 2390.00 1000.00 Iona Day 2000.00 645.94 1500.00 500.00 1500.00 Museum 1000.00 0.00 Misc. Revenue 8000.00 6514.45 7000.00 9471.13 15600.00 Recreation Fees 73600.00 71558.03 73000.00 76988.75 78000.00 Shelter Rental 1600.00 756.00 1000.00 790.00 1000.00 Equip. Reserves 45000.00 0.00 45000.00 0.00 75000.00 Reserves 163043.00 0.00 127700.00 0.00 122462.00 Total General Revenue 938578.00 725557.96 887700.00 572973.20 956615.00 Exhibit "B" FY16 Budget FY16 Actuals FY17 Budget FY17 Actuals='18 Proposed 3- GENERAL EX3SE thru June 30 Payroll 157220.00 129596.87 120000.00 80924.11 120000.00 Payroll Taxes 17750.00 13411.17 13000.00 7967.54 13000.00 Retirement 18742.00 15094.50 14000.00 9339.28 14000.00 Health Insurance 30000.00 27990.17 35000.00 19204.53 35000.00 Office Supplies & Admin. 15800.00 14335.97 16000.00 9471.33 25000.00 LaserFiche, 6-Tablets or Lap tops (some of this can Publishing 1500.00 1422.26 1500.00 797.57 1500.00 come out of Equipment Replacement) Legal & Audit Fees 38500.00 17840.47 30000.00 15041.52 30000.00 Engineering 14500.00 9227.00 14000.00 295.00 14000.00 Travel 4500.00 4560.84 4500.00 3252.46 4500.00 Insurance Liability 15286.00 11353.50 15000.00 6791.50 15000.00 Electricity -Natural Gas 20500.00 14888.55 17000.00 12700.11 18000.00 Police Payroll 100000.00 92540.77 97000.00 75590.44 105300.00 Police Payroll Taxes 15000.00 8499.28 11000.00 6925.68 11000.00 Police Retirement 15000.00 11587.22 13000.00 9574.47 13000.00 Police Health Ins. 30000.00 19129.75 26000.00 14168.25 26000.00 Police Training 10000.00 6746.42 5000.00 3151.53 5000.00 Police-Co./Dispatch 39000.00 36624.11 40000.00 21794.27 43000.00 Police General 21300.00 20509.84 19000.00 12461.77 21000.00 Police Vehicle 0.00 0.00 8000.00 8073.59 8100.00 Maintenance 94000.00 72905.10 110000.00 47962.00 110000.00 Chip seal road & Walking Path-50K, Overlay basketball court-5K, re -surface Tennis Courts-5K, City Parking Lot-15K, Building Insp. 26000.00 42185.61 35000.00 33246.01 35000.00 Equipment Expense 5000.00 5575.14 6000.00 1826.80 6000.00 Civil Defense 1000.00 914.99 900.00 895.00 900.00 MYAC Expense 1000.00 1168.00 1500.00 271.36 2000.00 Iona Day 5000.00 5682.18 5300.00 315.77 5300.00 Museum 1000.00 947.82 1000.00 1229.70 1000.00 Misc. Expense 10000.00 5503.39 10000.00 3440.40 10000.00 Library 3000.00 0.00 2000.00 0.00 2000.00 Capital Improvements 102300.00 54036.54 98000.00 7020.00 100000.00 Dbl. vault bathroom-30K Land Acquisition 10000.00 0.00 Recreation Labor 31680.00 44447.30 40000.00 22196.01 48000.00 Payroll Taxes 4500.00 4620.43 4000.00 2576.15 4800.00 Recreation Supplies 21000.00 11335.84 16000.00 12372.02 16000.00 Recreation Equipment 10500.00 10133.13 12000.00 11341.22 12000.00 Recreation Maint. 3000.00 1513.09 2000.00 0.00 2000.00 Equipment Replacement 45000.00 23062.50 45000.00 10024.17 79215.00 1/2 Dump truck Total Gen. Expense 938578.00 739389.75 887700.00 472241.56 956615.00 FY18 Budget FY16 Budget FY16 Actuals FY17 Budget FY17 Acta FY18 Proposed WATER REVENUE thru June 30 Collections 251161.00 266167.39 288000.00 197889.72 307440.00 Hook-up Fees 81000.00 102000.00 102000.00 78000.00 60000.00 Grants 253000.00 0.00 0.00 0.00 0.00 Water System Fund 280000.00 0.00 339700.00 0.00 339700.00 Interest 2000.00 1400.39 1000.00 1289.61 2000.00 Misc. Revenue 500.00 351.45 500.00 0.00 500.00 Equipment Reserves 40000.00 0.00 50000.00 0.00 70000.00 Reserves 50000.00 0.00 50000.00 0.00 50000.00 Total Water Revenue 957661.00 369919.23 831200.00 277179.33 829640.00 WATER EXPENSE Payroll 94710.00 77866.46 90000.00 62445.38 90000.00 Payroll Taxes 11700.00 8333.05 10000.00 6301.38 10000.00 Retirement 12500.00 9276.73 11000.00 7550.58 11000.00 Health Ins. 19540.00 19604.06 19000.00 17226.57 22000.00 Office Supplies & Admin. 23990.00 42584.58 15000.00 13951.34 18000.00 Legal 30000.00 18815.48 30000.00 Insurance Liability 5768.50 6200.00 6791.50 7000.00 Electricity 47400.00 50335.82 50000.00 24289.41 50000.00 Engineering 50000.00 25457.00 26000.00 7962.00 26000.00 Maint. & Repairs 46021.00 26405.21 50000.00 26013.94 50000.00 Misc. Expense 200.00 5762.70 1000.00 3000.00 3500.00 Equipment Expense 3000.00 1691.48 1000.00 414.99 1000.00 Equipment Rent 4000.00 0.00 2000.00 0.00 2000.00 Capital Improvements 570000.00 207289.73 480000.00 3966.68 435000.00 Water Rights, New Tank, New Well, New line to 49th, replacing 55th line Land Acquisition 35000.00 38500.00 0.00 System Upgrade 0.00 Equipment Replacement 39600.00 23062.50 40000.00 0.00 74140.00 1/2 Dump truck Total Water Expense 957661.00 541937.82 831200.00 198729.25 829640.00 Fiscal Year 2018 Budget of $1,786,255 tentatively approved by the Mayor & City Council on this 18th day of July, 2017. (IN ATTORNEYS AND COUNSELORS AT LAW STEPHANIE J. BONNEY:--- PAUL J. FPTZER JILL S. HOLINKA FRANCES R.STERN PAUL A. TURCKE° CHERESE D. MCLAIN LYNDON P. NGUYEN ANTHONY M. PANTERA, IV July 12, 2017 The Honorable Mayor and Members of the City Council 3548 N. Main Street Iona, ID 83427 950 W. BANNOCK STREET, SUITE 520 BOISE, ID 83702 TELEPHONE: (208) 331-1800 FACSIMILE: (208) 331-1202 W W W.MSBTLAW.COM ELAINE F. EBERHARTER-MAKI, of Counsel MICHAEL C. MOORE,* of Counsel Also admitted in Utah °Also admitted in South Dakota *Also admitted in Washington Re: City of Iona Water Revenue Bond, Series 2017 Ladies and Gentlemen: Ted Hendricks recently contacted us regarding the City's request for us to assist the City in preparing the election documents for a bond election and issuing a water revenue bond in an amount not to exceed $3,600,000, if the election is successful. As bond council, we are primarily responsible for rendering the following legal services: (a) Advise the City concerning the legal requirements applicable to the issuance and sale of bonds. (b) Provide representation of Bond Counsel, when requested by the City, at all meetings held by the City in connection with the issuance and sale of bonds. (c) Prepare all ordinances, resolutions, notices, and any other legal documents necessary for the proper conduct of proceedings, including election proceedings, for the authorization, issuance, sale, and delivery of bonds. (d) Provide such legal guidance and assistance, supervision and consultation, conduct such proceedings, and provide such opinions, as may be appropriate. (e) Provide assistance to the City's financial advisor or underwriter in the preparation of an official statement or other disclosure materials for use in connection with the sale of the Bonds. (f) Prepare such notices of public sale of the Bonds as may be appropriate. Exhibit 'ICI' July 12, 2017 Page 2 (g) Supervise the printing and delivery of bonds to purchaser and prepare all necessary closing documents. (h) Assemble and examine a transcript concerning all proceedings taken in connection with the issuance and sale of bonds. (i) Upon completion of the proceedings to Bond Counsel's satisfaction, provide its legal opinion stating that the proceedings had for the authorization and issuance of the bonds are lawful and valid, that the bonds are valid and lawful special obligations of the City, and that interest on the bonds is excluded from gross income for the purposes of federal and State of Idaho income taxation. For rendering these services, our fee shall be $11,250.00, which also includes the sale of a bond anticipation note for interim financing. Said compensation shall be paid solely from the proceeds of such bonds, when available, and shall be due following delivery of bonds. In the event that interim financing is utilized, one half of the fee shall become due upon payment of such interim financing proceeds, and the other one half shall be payable upon the issuance and delivery of the Bonds. In the event the election is not successful, we will only be compensated for the time to prepare the election documents at our usual hourly rate of $250 per hour. I would estimate a fee of $500.00 should the election not be successful. Thank you for the opportunity to continue to serve you. Please let me know if you have any questions. Sincerely, MSBT LA TERED Stephanie J. Bonney ' PROFESSIONAL SERVICES CONTRACT -City of Iona Water Improvement- Project Development - This Contract between the City of Iona, Idaho, herein referred to as ,the City, and East-Central Idaho Planning & Development Association, Inc., whose address is 299 East 41h North, Rexburg, Idaho 83440, herein referred to as the "Contractor," Witnesseth: WHEREAS, the City is proceeding with the development of a municipal water improvement project; and WHEREAS, the City desires to engage the Contractor to render certain services related to the development of the above described project; and WHEREAS, the City has complied with provisions for soliciting of contractors as cited in OMB Super Circular 2 Part 200; and WHEREAS, to ensure effective management of the above project, it is deemed to be in the best interests of the City to enter into an agreement with the Contractor as hereinafter provided; NOW; THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR. The City agrees to engage the Contractor, and the Contractor agrees to provide the development of the project for the City, including applications to funding agencies. 2. EMPLOYEE -EMPLOYER RELATIONSHIP. The contracting parties warrant by their signature that no employer - employee relationship is established between the contractor and the City by the teens of this contract. It is understood by the parties hereto that the Contractor is an independent contactor and as such neither it nor its employees, if any, are employees of the City for purposes of tax, retirement system, social security (FICA) withholding, or worker's compensation. 3. CONTRACTOR'S INSURANCE. The Contractor warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder. The comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) aggregate. 4. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract shall take effect on July 1, 2017. The services to be performed by the Contractor will be completed by March 31, 2018. 5. SCOPE OF SERVICES. The Contractor will perform the services defined in Attachment A, Scope of Services. It is understood and agreed by the parties that the services of the Contractor do not include any of the following: the disbursement or accounting of funds distributed by the City's financial officer, legal advice, fiscal audits, or assistance with activities not related to the project. 6. COMPENSATION. For the satisfactory completion of the services to be provided under this Contract, the City will pay the Contractor a sum as set forth in Attachment "A". 7. CONFLICT OF INTEREST. The Contractor warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the project which would conflict in any manner or degree with the performance of its services hereunder. The Contractor further covenants that, in performing this contract, it will employ no person who has any such interest. Should any conflict of interest arise during the performance of this contract, it will be disclosed and managed according. Exhibit "D" 8. MODIFICATION AND ASSIGNABILITY OF CONTRACT. This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified, or altered except upon written agreement signed by both parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the City and the Contractor. Any subcontractor or assignee will be bound by all of the terms and conditions of this contract. 9. TERMINATION OF CONTRACT. This contract may be terminated as follows: (a) Termination for Convenience. The City may terminate this contract, in whole or in part, for the convenience of the City when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date, and fair and reasonable payment for work completed. (b) Termination for cause. (i) If the City determines that the Contractor has failed to comply with the terms and conditions of this contract; it may terminate this contract, in whole or in part, at any time before the date of completion. If the Contractor fails to comply with any of the terms and conditions of this contract, the City may give notice, in writing, to the Contractor of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the City may, with no further notice, declare this contract to be terminated. The Contractor will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by The City by reason of the Contractor's failure to comply with this contract. (ii) Notwithstanding the above, the Contractor is not relieved of liability to the City for damages sustained by the City by virtue of any breach of this contract by the Contractor, and The City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the Contractor is determined. However, there will be no withholding of payments unless there has been proper notice as specified in paragraph (b)(i) (Termination for cause). 10.. CIVIL RIGHTS ACT OF 1964. The Contractor will abide by the provisions of the Civil Rights Act of 1964. 11. NONDISCRIMINATION. The Contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 12. OWNERSHIP AND PUBLICATION OF MATERIALS. All reports, information, data, and other materials prepared by the Contractor pursuant to this contract are to be the property of the City which has the exclusive and unrestricted authority to release, publish, or otherwise use this information, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the City. All records will be tutted over to the City upon completion of the project and the required time required by the state to hold such records has been met. 13. REPORTS AND INFORMATION. The Contractor- will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the City. All records will be turned over to the City upon completion of the project and the required time required by the state to hold such records has been met. 14. ACCESS TO RECORDS. It is expressly understood that the Contractor's records relating to this contract will be available during normal business hours for inspection by the City, The Department, the US Comptroller General, Office of Inspector General, and, when required by the law, representatives of the State of Idaho. 15. INDEMNIFICATION. The parties waive any and all claims and recourse against each other, including the right of retribution for contributory loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to each other's performance of this contract except for liability arising out of concurrent or sole negligence of each other or its officers, agents, or employees. Further, the parties will indemnify, hold harmless, and assist in defending each other against any and all claims, demands, damages, costs, expenses or liability arising out of each other's performance of this contract except for liability arising out ofthe concurrent or sole negligence ofthe parties or its officers, agents, or employees. 16. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. 17. SPECIAL WARRANTY. The Contractor warrants that nothing of monetary value has been given, promised, or implied as remuneration or inducement to enter into this contract. The Contractor further declares that no improper personal, political, or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. 18. LIAISON. The City's designated liaison with the Contractor is the Chief Elected Official, Mayor Brad Andersen. The Contractor's designated liaison with the City is Ted Hendricks IN WITNESS WHEREOF, the parties hereto have executed this contract. CONTRACTOR BY: _ rYte(6..r+e5Likii*Iiin-Bruce Sutherland, President East-Central Idaho Planning and Development Association Date: 772-7A 7 Attest: �y Atte CITY OF IONA Brad Andersen, Mayor City of Iona Date: / lt712_6 n ATTACHMENT A Scope of Services The City will pay the Contractor a sum not to exceed $9,000 for performance of the services identified in Section 5 and the following paragraphs, unless that sum is subsequently changed by the agreement of both parties as described in Section 8. The City agrees to pay the Contractor as follows: Payment Requests: Upon Contractor's written request, the City of Iona will make partial payments to Contractor. Billings will be based on work completed and referenced by invoices: 1. The City will pay the Contractor $7,000.00 for project development, including funding coordination, setting up development meetings, scheduling and conducting required public hearings, and other related tasks the submission of applications to the respective funding agencies such as the Idaho Department of Environmental Quality (DEQ) and the U.S. Army Corp of Engineer (USACOE). 2. The City will pay the Contractor $2,000.00 for assistance in bonding requirements, and assisting the city with bond election processes and/or judicial review processes, including selection of a bond attorney, public information meetings and other scope as required. The City will pay the contract sum upon Contractor's written request when all the above services are completed and Contractor has prepared and submitted an invoice. Performance of Staff The Contractor will be responsible to successfully complete the services contracted. The Contractor will certify that staff work is complete prior to requesting payment for services. Schiess & Associates ENGINEERING•PLANNING•LAND SURVEYING Professional Services Agreement Project No. 17 ("CLIENT") hereby authorizes SCHIESS & ASSOCIATES ("ENGINEER"), an Idaho corporation, to provide the services described below subject to the terms and conditions set forth below and on the following pages hereof. A. CLIENT INFORMATION: Client Name Representative City of Iona Brad Andersen Address City State Zip PO Box 487 Iona ID 83427 Phone Number Cell Number E-Mail Address (208) 523-5600 (208) 521-6970 cityclerk@cityofiona.com B. PROJECT DESCRIPTION: Project Name Amendment to the Water Facility Planning Study Project Location Estimated begin / end dates Iona & Bonneville County, Idaho Immediately/Sept. 30, 2017 C. ENGINEER'S SERVICES: ENGINEER shall provide surveying and engineering services set forth in Exhibit A attached hereto. Services not expressly set forth in Exhibit A or otherwise incidental to or implicit in those services, as determined solely by ENGINEER, are not a service of ENGINEER. D. COMPENSATION: ENGINEER shall be compensated as described in Exhibit A and in accordance with the payment provisions of the General Conditions given in Exhibit B. CLIENT shall pay a retaining fee of $N/A prior to commencement of ENGINEER's services. Said fee shall be applied to the fmal invoice for services provided hereunder. E. CHANGE ORDERS: If either party desires to change the scope of services or the schedule, the party desiring such a change shall submit a change order to the other party for acceptance. Acceptance must be made in writing and will constitute and amendment to this agreement, it will then be considered an amendment to this contract. Having read, understood and agreed to the foregoing, and the terms and conditions set forth on the following pages hereof, CLIENT and ENGINEER, by and through their authorized representatives, have subscribed their names hereto effective the last date appearing below. CITY OF IONA By(print): Title: Date: Brad Andersen Mayor loepiy 4- SCHIESS AND ASSOCIATES By (print): Title: Date: Paul H. Scoresby, PE Principal July 18, 2017 Exhibit "E" iSchiess & Associates ENGINEERING•PLANNING•LAND SURVEYING Exhibit A — Scope of Work and Fee 1. BASE SCOPE OF WORK: Prepare an Amendment to the Keller Water Study (2009) that justifies the planned project to construct a well and storage tank on the Heuer property on the hill. • Amend Chapter 8.0 to refine the recommended alternative and make the choice to invest in 1.0 million gallons of storage in lieu of 0.5 million gallons of storage. Provide preliminary mapping that illustrates the connectivity of the new storage tank, well and transmission line to the City center. • Support bond election effort to gain City acceptance of project. • Other related tasks as requested 2. Additional Services: None 3. Fee Summary: Time and Materials up to S10,000 according to the rate schedule given in Item 4. 4. TIME AND MATERIALS WORK: The following rate schedule is applicable for all additional time and materials work requested by CLIENT. Fees will be based on standard fees at the time the request for additional services is authorized. The fees listed below are valid for one year from the date of this contract. We encourage CLIENT to allow ENGINEER to perform construction observation services applicable on the work included in this contract. PROFESSIONAL RATE SCHEDULE 2013 Principal Engineer $130.00 per hour Project Manager II $120.00 per hour Project Manager I $110.00 per hour Engineer III $100.00 per hour Engineer II $ 90.00 per hour Engineer I $ 80.00 per hour Construction Observation II $ 70.00 per hour Construction Observation I $ 60.00 per hour Designer $ 70.00 per hour Draftsman $ 60.00 per hour Clerical or Secretary $ 45.00 per hour Direct expenses will be billed at cost plus 15% TRAVEL Mileage $ 0.75 per mile Per diem (if applicable) $ At Cost Schiess & Associates ENGINEERING•PLANNING•LAND SURVEYING Exhibit B — General Conditions ARTICLE 1— DEFINITIONS 1.1 Claims (or Claim). Any and all claims, actions, causes of action, rights, demands, liabilities, damages, costs, expenses, and/or fees (incl. expert and attomeys) of any nature whatsoever actually or allegedly, directly or indirectly arising out of or related to the project, whether or not accrued, known, suspected, discovered, discoverable , and/or latent, including but not limited to breach of contract (express or implied), breach of warranty (express or implied), negligence, (sole or joint, active or passive), negligent misrepresentation, strict products liability, strict liability, indemnity, contribution, subrogation, reimbursement, exoneration. and/or violation of stable, code, ordinance, Me or regulation. 1.2 gNGINEER. et al ENGINEER and its shareholders, directors, officers, agents, representatives, employees, consultants or any of therm. 1.3 Hazardous Materials. Any and all hazardous, toxic, infectious and/or other dangerous irritants, contanrtinants, pollutants, substances and/or materials of any nature whatsoever (materials, eta), whether organic, inorganic, chemical, biological, vaporous, gaseous, liquid, and/or sdd, including but not limited to asbestos, petroleum -based materials, etc. and all other materials, etc. now or hereafter subjed to federal, state, and/or local laws, rules, and regulations. 1A Reimbursable Expenses. Expenditures made by the ENGINEER, its employees or its consultants in the interest of the project, including but not limited to: transportation, subsistence and lodging when traveling in connection with a project; long distance or toll telephone calls, telegrams, messenger service, field office expenses, and fees paid for securing approval of authorities having jurisdiction over the project; reproduction, postage and handling of drawings, specifications, reports or other projed-related documents; computer time including charges for proprietary programs; and preparing perspectives, renderings or models. ARTICLE 2 — PAYMENT 2.1 Progress Payments. CLIENT will be invoiced at the end of the first calendar month fdlow i ng the effective date of this agreement and at the end of each calendar month thereafter. Invoices shall reflect billing for work performed by ENGINEER during the month invoiced. Payment on an invoice Is due upon receipt of the invoice. In the event of a dispute regarding an invoice, CLIENT shall pay all undisputed amounts as per this Article. 2.2 Late Payment. ENGINEER may assess a cany charge of 1.5 percent per month on progress payments not made within thirty (30) days of the date of invoice, which charge CLIENT warrants will be paid on demand. ENGINEER may, in its sole discretion and without notice, suspend its services hereunder should CLIENT not pay in full any amount invoiced within forty-five (45) days of the date of invoice. ENGINEER further reserves the right to withhold from CLIENT any instruments of ENGINEER's services pending payment on CLIENTs account. 2.3 Billing Rates. ENGINEER reserves the right to adjust quoted billing rates the first day of January for each year the contract is in force. ARTICLE 3 — SPECIAL TERMS AND CONDITIONS 3.1 Construction Estimates. ENGINEER's opinions, if any, of probable construction cow, quantities or time are subject to change and are contingent upon persons and factors over which ENGINEER has no control. ENGINEER does not guarantee the accuracy of such estimates. 3.2 Construction Services. ENGINEER's construction observation or monitoring services, if any or unless specified otherwise, are neither exhaustive nor continuous and consist solely of periodic visits to the project site to determine whether construction is progressing in general conformance with the plans and specifications. ENGINEER is not responsible for the timeliness, means, methods or sequences of construction nor for the safety of workers or others at or near the project site. ENGINEER does not guaranty the performance ot the oontracor, subcontractors, suppliers or others providing labor, material or services for the projed, nor is it responsible for their acts, errors or onnisshns. Unless expressly agreed otherwise, ENGINEER's compensation for any such servioes contemplates one (1) construction contract being let and construction completion within the specified time period. Should more than one (1) construction Contract be let or said period for construction be exceeded through no fault of ENGINEER, ENGINEER'S compensation shall be equitably adjusted. Should ENGINEER not be retained to provide construction observation, monitoring, or similar services, CLIENT waives and agrees to hold hamdess, indemnty and defend ENGINEER, et cep. fron and against any and all dawns against ENGINEER, et al. based in whole or in part upon actual or alleged defects in cohstnction, workmanship and/or materials; excepting those arising out of the indemnities' sole negligence. 3.3 Temdnation. This agreement may be terminated: (I) by either party upon seven (7) days written notice should the other party fail to substantially perform this agreement through no fault of the party initialing the termination; (fi) by CLIENT upon at least seven (7) days written notice to ENGINEER in the event that the project is permanently abandoned, or (iii) by ENGINEER in the event its services are suspended for a period exceeding thirty (30) days. If this agreement is terminated through no fault of the ENGINEER CLIENT shall pay ENGINEER for services performed and Reimbursable Expenses incurred In accordance with this agreerent and, upon request, a Termination Adjustment equaling fifteen percent (15%) of the estimated compensation remaining to be earned at the time of termination to account for ENGINEER's rescheduling adjustments, reassignment of personnel and related costs incurred due to termination. 3.4 Representatives. ENGINEER and CLIENT shall each designate in writing a person authored to act as their representative. Said persons shall serve as sole intermediaries between ENGINEER and CLIENT and shall be authorized to bind their respective principals. .5 Limitations of Liability. In recognition and equitable allocation of the relative risks and benefits of the project, CLIENT limits, to the fullest extent permitted by law, the total aggregate liability of ENGINEER, et al. to CLIENT and all contractors, subcontractors and suppliers on all Claims arising out of, on or related to the project to $50,000. Prior to the initiation of ENGINEER's services hereunder, this limit may be increased up to ENGINEER's then effective insurance limit upon mutual agreement and CUENT's payment of an additional fee of 0.5% of the anoint of any increase in coverage. To the fullest extent permitted by law, CLIENT waives and agrees to hold harmless, indemnity and defend ENGINEER, et at from and against any and all Claims against ENGINEER, et al. in excess of the limit established hereby; excepting those arising out cf the indemnities' sae negligence. ENGINEER, et al. are not liable to CLIENT for consequential or incidental damages for any Claim. 3.6 Ownership of Documents. All plans, specifications, reports, notes, data, logs, diaries, and other documents, regardless of medium or contend, prepared by or on behalf of ENGINEER, et al. are instruments of their respective professional services and shall remain their property. Upon payment to ENGINEER of all sums due hereunder, CLIENT is granted a non-exclusive, unassignable license to use said Instruments on and for this project Such Instruments are intended for use sdely by CLIENT as an integrated set on this project. Dissemination, modification or use on other projects of any or all such instruments without ENGINEER'S prior express written consent shall be at CLIENTS sole risk. CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. arising out of any such nonpermissive dissemination, modification or use; accepting those arising out of the indemnities' sole negligence. 3.7 Supplied Information. ENGINEER, et al. are entitled to rely on any and all information supplied by, through or on behalf of CLIENT and, absent an express agreement to do so, have no legal or contractual duty to verify the accuracy of such Information. CLIENT waives any and all Claims against ENGINEER, et al. arising out of actual or alleged deficiencies in any such information and agrees to hold harmless, indemnify and defend ENGINEER, et al there from; excepting those arising out of the indemrrties' sole negligence. 3.8 Record Documents. Any record documents provided or drafted by ENGINEER are based upon information provided by the contractor, who is to document variations between design and actual construction. ENGINEER is entitled to rely upon and has no legal or contractual duty to verify the accuracy of such information and does not warrant the accuracy of record documents. 3.9 Access. CLIENT warrants timely access for ENGINEER, et al. to all property reasonably necessary to the performance of their services. 3.10 Site Conditions. Unless expressly agreed otherwise, ENGINEER'S services and compensation contemplate (I) the absence of Hazardous Materials on, in or under the project site or nearby properties and (ii) site conditions like those represented in information provided by, through or on behalf of CLIENT and/or arose reasonably anticipated for a site of this nature and locality. Should such Materials be discovered or should actual conditions vary materially from those represented or anticipated, either party shall have an absolute and unconditional right to temtnate or suspend this agreement CLIENT waives and agrees to hold harmless, indemnify and defend ENGINEER, et al. from and against any and all Claims against ENGINEER, et al. actually or allegedly, directly or indirectly arising out of or related to (I) the detection, generation, presence, escape, release, discharge, movement, seepage, stabilization, abatement, handling, removal, transportation, storage or disposal of Hazardous Materials and/or (ii) any material change in represented or anticipated conditions; excepting those arising out of the indemnities' sole negligence. 3.11 Performance Standard. ENGINEER's services hereunder shall be rendered consistent with and judged solely by the skill and care ordinarily exercised by members of the same profession performing like services in the State of Idaho at the same time. ENGINEER disdaims any and all warranties, express or implied, regarding the quality of its services or the instruments thereof, including but not limited to warranties of fitness, merchantability, or compliance with federal, slate, or local paws, rules, regulations, ordinances, or design or building codes or standards. 3.12 Dispute Resolution Any dispute related to this agreement, either panys performance hereunder, and/or ENGINEER, et al.'s services shall be submitted to mediation before a mutually -acceptable mediator prior to initiation of litigation or other formal adjudicative procedures. ARTICLE 4 — GENERAL TERMS AND CONCITIONS 4.1 Jurisdiction: Venue. This agreement shall be interpreted and enforced according to the paws of the State of Idaho. Venue of any litigation arising out of or related to this agreement or the services hereunder provided shall be exclusively in Bonneville County, State of Idaho. 4.2 Assionment: Subcontracting. Neither party shall assign its rights or delegate its duties under this agreement without the prior, express, written consent of the other. ENGINEER may subcontract any portion of its services without such consent 4.3 Force Maieure. Any default in the performance of this agreement is caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contrast: act of God, government, or public enemy; strike; embargo; tire, flood, epidemic, unusually severe weather and/or other extraordinary natural event or disaster, and/or quarantine. 4A Severability Waiver. In the event any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain valid and enforceable. Waiver of a breach of any provision is not a waiver of a subsequent breach of the same or any other provision. 4.5 Amendments: Mercier. This agreement may be amended only by written instrument expressly referring hereto and duly signed by the parties. This agreement constitutes the entire and 'integrated agreement between the parties and supersedes all prior or contemporaneous negotiations, representations and/or agreements, whether written or oral. 4.6 Third Pane Rights. No third party beneficiary rights are created by this agreement, nor does this agreement create any cause of action in favor of any third party against either party hereto. 4.7 Limitation Periods. Statutory periods of limitation for CLIENT Claims against ENGINEER, et al., shall begin to run no pater than the date of substantial completion, the date of occupancy of the project or the patios of the project as to which the Claim is made, or the date of abandonment of the project, whichever date is earliest WATER RIGHTS LEASE AGREEMENT This Lease Agreement is made and entered into between the CITY OF POCATELLO, a municipal corporation of Idaho ("Pocatello"), whose address is P.O. Box 4169, Pocatello, Idaho 83205, hereinafter referred to as "Pocatello' or "Lessor", and the CITY OF IONA, a municipal corporation of Idaho, whose address is P.O. Box 487, Iona, ID, 83427 hereinafter referred to as "Lessee": WHEREAS, Lessor has equitable title and contractual rights under the contract it entered into with the U.S. Bureau of Reclamation under Contract No. 14-06-100-1825 dated January 8, 1960 (hereinafter "Contract") and later confirmed by decree in Aberdeen -Springfield Canal Co. et. al v. Henry Eagle (7th Jud. Dist. 03/12/1969). Under the Contract, Pocatello is entitled to 4.1667% of the reservoir capacity of Palisades Reservoir, which is 50,000 acre-feet at the estimated active capacity of 1,200,000 acre-feet; and WHEREAS, the U.S. Bureau of Reclamation holds Idaho Department of Water Resources water right license 01-2068 for Palisades Reservoir and IDWR has recommended 01- 2068 for decree in the SRBA, which has a priority date of July 28, 1939; and WHEREAS, on March 9, 2007 the Idaho Supreme Court in United States of America v. Pioneer Irrigation District, et al., Docket No. 31790 (In Re SRBA Case No. 39576 (Subcase 91- 63), affirmed the equitable title of those who make beneficial use of storage water in U.S. Bureau of Reclamation facilities; and WHEREAS, Lessor covenants and represents that it is the true and lawful owner of the equitable title and contractual rights of the portion of water right 01-2068 represented by Contract No. 14-06-100-1825 dated January 8, 1960, and that this water right has not lapsed, been abandoned, or forfeited, either in whole or in part; and WHEREAS, Lessor acquired this storage water for various municipal purposes, recharge, and mitigation, in accordance with applicable law; and WHEREAS, subject to any mitigation or municipal needs, and to the extent Lessor's fill for its Palisades Reservoir storage water right is in excess of the amount necessary to meet the above -named purposes, the Lessor desires to rent its Palisades Reservoir water to other users for irrigation, power, domestic, municipal, industrial, commercial, mitigation, and recharge purposes; and WHEREAS, pursuant to an Interim Mitigation Agreement dated March 15, 2016 ("Interim Mitigation Agreement") (attached as Exhibit A), certain municipalities have agreed to provide 2,600 acre-feet of storage water to the SWC in order to mitigate any injury to the SWC water rights in 2016 in order to avoid potential curtailment in the SWC Delivery Call; and WHEREAS, the Interim Mitigation Agreement has been extended for 2017, which was approved by the Director of the Department of Water Resources in an Final Order Approving Cities' Interim Mitigation Plan for 2017, Docket No. CM-MP-2016-002 (Feb. 8, 2017); and LEASE OF WATER RIGHTS 1 Exhibit "F" WHEREAS, the Interim Mitigation Agreement allows additional municipalities ("Additional Municipalities") to participate in the Interim Mitigation Agreement under certain conditions; and WHEREAS, Lessee desires to lease storage water from Lessor for the purposes of mitigation, which will be delivered to members of the Surface Water Coalition so that Lessee can participate in the Interim Mitigation Agreement; NOW, THEREFORE, the parties agree as follows: 1. Leased Property. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor 50 acre-feet of Lessor's storage water right under Contract No. 14-06-100-1825. 2. Term. The term of this Lease shall be for a term of one (1) water accounting year, commencing upon execution of this Lease Agreement, and terminating on October 31, 2017. 3. Rent. The rent for the leased water is $20.00 per acre-foot, together with any administrative fees charged by the Committee of Nine, Water District 01, the Bureau of Reclamation, or the Idaho Department of Water Resources in relation to the lease. a. Payment from Lessee shall be received by Lessor on or before October 15, 2017. b. Any administrative fees are to be paid on or before October 15, 2017 or as otherwise required by the Committee of Nine, Water District 01, the Bureau of Reclamation, or the Idaho Department of Water Resources. c. Any rent or administrative fees not paid by October 16, 2017 shall bear interest at the rate of 12% per annum until paid. In addition to the rent and administrative fees, the Lessee shall pay 50% of any impact fees assessed in connection with the leased water. 4. Conditions of Lease. This Lease shall be subject to the following conditions: a. No water shall be available for lease by the Lessee from the Lessor until Lessor has accrued 35,000 acre-feet to its 2017 Palisades allotment, which shall be reserved for the Lessor's own uses. The next 1,965 acre-feet of water which accrues toward the Lessor's 2017 Palisades allotment shall then be earmarked for use by municipalities like the City of Iona that have entered into leases with Pocatello in order to participate in the Interim Mitigation Agreement. b. In the event Lessor does not accrue at least 35,000 acre-feet of water in its annual Palisades allotment during the term of this lease, Lessor and Lessee agree to meet and pursue additional negotiations to amend this Agreement in furtherance of the principles and agreements identified herein. If no agreement is reached from those LEASE OF WATER RIGHTS 2 negotiations, this Lease Agreement shall be deemed to be null and void, and each party shall hold the other harmless. c. In the event the City's annual Palisades allotment exceeds 35,000 acre-feet, but is less than 36,965 acre-feet in 2017, Lessor and Lessee agree to meet and pursue additional negotiations to amend this Agreement for an amount less than or equal to 50 acre-feet. d. Lessee shall pay the annual agreed upon price to Lessor for the leased water. e. The Lessee is responsible for obtaining approval of the Lease Agreement from the U.S. Secretary of the Interior, the State of Idaho and/or the Committee of Nine, or any other entity as is required. f. This Lease Agreement shall be contingent upon all necessary lease approvals being obtained from the U.S. Secretary of the Interior, State of Idaho, the Committee of Nine, or any other entity as is required. 5. Non -Use by Lessor. Lessor covenants that it will not divert or utilize the water leased to Lessee pursuant to this Agreement during the term of this Lease. 6. Use by Lessee. During the term of this Lease, Lessee will not divert or utilize the leased water except for mitigation purposes to be provided to the SWC. 7. Representations by Lessor. Lessor covenants and represents that it is the true and lawful owner of the water right which is the subject of this Lease, that this water right has not lapsed, been abandoned, or forfeited, either in whole or in part and that nothing restricts or precludes Lessor from entering into this Lease and Lessee utilizing the described water right. 8. Breach. In the event either party breaches this Lease and such defaults are not cured within thirty (30) days after receipt of written notice thereof, the non -breaching party, at their option, may elect any or all of the following cumulative remedies: a. To terminate this Lease Agreement; b. To seek specific performance of this Lease Agreement; c. To recover any damages arising out of the breach; d. To pursue any and all other remedies under Idaho law by reason of such breach. 9. Assignment. This Agreement may not be assigned by Lessee without the express written consent of Lessor. 10. Choice of Law. The terms and provisions of this Agreement shall be construed in accordance with the laws of the State of Idaho. Any required mediation and arbitration LEASE OF WATER RIGHTS 3 shall occur in Bannock County Idaho. Jurisdiction and venue for any litigation shall be in the District Court of the State of Idaho in Bannock County. 11. Attorney Fees. In the event of any arbitration or litigation over this Lease the prevailing party shall be entitled to recover reasonable attorney fees and costs. 12. Binding Effect. This Agreement shall be binding upon the respective heirs, successors and assigns of the parties. 13. Notice. All notices under this Agreement shall be deemed to be properly served if sent by certified mail to the last address previously furnished by the parties hereto. Until hereafter changed by written notice, said addresses shall be as follows: LESSOR: City of Pocatello Attn: Legal Dept. P.O. Box 4169 Pocatello, ID 83205 LESSEE: City of Iona P.O. Box 487 Iona, ID 83427 Notice shall be complete upon receipt, unless the recipient ignores or refuses to sign for the certified letter, in which event notice shall be deemed to have been completed on the first attempted delivery by the United State Post Office. DATED this day of LESSEE: CITY OF IONA, IDAHO , 2017. LESSOR: CITY OF POCATELLO, IDAHO By: By: Brad Anderson, Mayor ' Brian C. Blad, Mayor Attest: Shara Roberts, City Clerk Attest: Ruth E. hitworth, City Clerk APPROVED BY LEGS,:. Date -7(7--`f 6-7 �Atty �� Comments LEASE OF WATER RIGHTS 4 shall occur in Bannock County Idaho. Jurisdiction and venue for any litigation shall be in the District Court of the State of Idaho in Bannock County. 11. Attorney Fees. In the event of any arbitration or litigation over this Lease the prevailing party shall be entitled to recover reasonable attorney fees and costs. 12. Binding Effect. This Agreement shall be binding upon the respective heirs, successors and assigns of the parties. 13. Notice. All notices under this Agreement shall be deemed to be properly served if sent by certified mail to the last address previously furnished by the parties hereto. Until hereafter changed by written notice, said addresses shall be as follows: LESSOR: City of Pocatello Attn: Legal Dept. P.O. Box 4169 Pocatello, ID 83205 LESSEE: City of Iona P.O. Box 487 Iona, ID 83427 Notice shall be complete upon receipt, unless the recipient ignores or refuses to sign for the certified letter, in which event notice shall be deemed to have been completed on the first attempted delivery by the United State Post Office. DATED this et day of , 2017. LESSEE: LESSOR: CITY OF IONA, IDAHO CITY OF POCATELLO, IDAHO By: Brad Anderson, Mayor Brian C. Blad, Mayor Attest: Shara Roberts, City Ckxk By: Attest: Ruth E. Whitworth, City Clerk LEASE OF WATER RIGHTS 4 Estimated Operations and Maintenance Costs to Operate a Secondary Water System for a 24 Acre Subdivision in the City of Iona (assume 54 lots) Manpower Assumptions spring startup two men 8 hrs/day * 1 day * $60/hr $960 winterization two men 8 hrs/day * 1 day * $60/hr $960 manage shut off/turn on for move- outs/move-ins Assume 10%/yr and one half hour/per service call = One man 11 service calls/yr * 1/2 hr/call * $60/hr $660 weekly maintenance of pump station and rotating screen one man 2 hrs/week * 25 weeks * $60/hr $3,000 Office staff account setup/closure Assume 10%/yr and one half hour/per service = 11 service calls/yr * 0.5 hr/call * $60/hr $660 Public Works Director management & coordination with irrigation district g hrs/yr * $60/hr $480 ubtota Short Lived Assets Maintenance/Replacement Assumptions $6,720 Motor maintenance (dip & bake) $1,100/10 years $110 Repair/replace VFD $4,000/10 years $400 Repair/replace rotating screen & motor $500/10 years $50 SCADA link maintenance (auto reporting of flowmeter and pump run/fail to assist canal co. in providing steady stream of water) Supplier Maintenance per link annually (estimated) $200 ubtota Power Costs Assumptions $760 Rotating screen, 1 Hp 480 V 3 Phase Assume runs 12 hrs/day * 150 days/yr. Power cost included on same meter as pump. $0 Pressure pump, 15 Hp pump (every third day watering), 480 V 3 Phase Metered Rate: assume runs 12 hrs/day * 150 days/yr, 9.331 cents/kWAr $3,359 Large service monthly fee $41/mo * 6 mo. $246 Power rate $5.98/mo/kW * 15.7 kW * 6 mo $703 Drain pump, 1 Hp 240 V 1 Phase Assume run pump with portable generator. Actual power used is negligible. IQ ubtota Total Estimated Cost Per Year $4,308 $11,788 Prepared by Schiess & Associates, 7/11/2017 Exhibit "G" 3 July 11, 2017 a 3 LEK -r( 78 b 2AcRi4 Rook 1F�Lor 3. (1kreS 1,3 Acyr..-t f ti Bonneville_County_Parcels Bonneville County Mask E3 Sections a Bonneville County Boundary , E 'tamer Du -Br ,l 1:4,514 0 0.035 0.07 0.14 mi l 0 0.0425 0.085 0.17 tan Somers: Esrl, HERE, DeLonne, Intermep,Increment PCorp.,0ESC0, ISOS, FAO, NPS, NRCAN, Decease, ION, Wester NI, Ordnance bone%