HomeMy WebLinkAbout2023-10-03 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, October 03, 2023 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT ABSENT
Councilman Joe Borton Councilman John Overton
Councilwoman Liz Strader Councilman Luke Cavener
Councilman Brad Hoaglun
Councilwoman Jessica Perreault
Mayor Robert E. Simison
ADOPTION OF AGENDA Adopted
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader.
Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman
Perreault
1. Approve Minutes of the September 19, 2023 City Council Work Session
2. C-Shell Retail Development POD 4 Water Main Easement #1 (ESMT-2023-0134)
3. C-Shell Retail Shell Development POD 4 Water Main Easement No. 2 (ESMT-2023-
0135).
4. Red Aspen Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0124)
5. Sessions Parkway Subdivision Sanitary Sewer and Water Main Easement (ESMT-
2023-0131)
6. Wienerschnitzel Water Main Easement No. 1 (ESMT-2023-0119)
7. Final Plat Modification for Poiema Subdivision by Clint Hansen, Land Solutions,
located at 3727 E. Lake Hazel Rd.
8. Annual Renewal of Restated and Amended Joint Powers Agreement between Ada
County, the Ada County Emergency Medical Services District, the City of Boise, the
City of Meridian, Kuna Rural Fire District, Eagle Fire District, Star Fire
Protection District, and Middleton Rural Fire District
9. Idaho Transportation Department Local Professional Services Agreement between
Idaho Transportation Department, The City of Meridian, and Keller Associates for
the Local, Rail with Trail Pathway Project #A013(918) in Meridian for the Not-To-
Exceed amount of $182,995.27
11. City of Meridian Financial Report - August 2023
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
10. License Agreement Between the City of Meridian, Meridian Development
Corporation, and Nampa & Meridian Irrigation District Vacated (to be scheduled
October 17, 2023)
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
12. Ada County Jail Infrastructure Update, Proposed Expansion, and General
Obligation Bond
13. Meridian Intersection and Pedestrian Taskforce Findings Report
ADJOURNMENT 5:21 PM
Meridian City Council Work Session October 3, 2023.
A Meeting of the Meridian City Council was called to order at 4:34 p.m. Tuesday,
October 3, 2023, by Mayor Robert Simison.
Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Jessica Perreault, and
Liz Strader.
Members Absent: Luke Cavener and John Overton.
Other Present: Chris Johnson, Bill Nary, Miranda Carson, Berle Stokes, Joe Bongiorno
and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader X Joe Borton
_X_ Brad Hoaglun John Overton
X Jessica Perreault Luke Cavener
X Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record it is October 3rd,
2023, at 4:34 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: Next item up is the adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Move adoption of the agenda as published.
Strader: Second.
Perreault: Second.
Simison: Have a motion and a second to adopt the agenda as published. Is there any
discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it
and the agenda is adopted.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
CONSENT AGENDA [Action Item]
Meridian City Council Work Session
October 3,2023
Page 2 of 15
1. Approve Minutes of the September 19, 2023 City Council Work
Session
2. C-Shell Retail Development POD 4 Water Main Easement #1 (ESMT-
2023-0134)
3. C-Shell Retail Shell Development POD 4 Water Main Easement No. 2
(ESMT-2023-0135).
4. Red Aspen Sanitary Sewer and Water Main Easement No. 1 (ESMT-
2023-0124)
5. Sessions Parkway Subdivision Sanitary Sewer and Water Main
Easement (ESMT2023-0131)
6. Wiener schnitzel Water Main Easement No. 1 (ESMT-2023-0119)
7. Final Plat Modification for Poem Subdivision by Clint Hansen, Land
Solutions, located at 3727 E. Lake Hazel Rd.
8. Annual Renewal of Restated and Amended Joint Powers Agreement
between Ada County, the Ada County Emergency Medical Services
District, the City of Boise, the City of Meridian, Kuna Rural Fire
District, Eagle Fire District, Star Fire Protection District, and
Middleton Rural Fire District
9. Idaho Transportation Department Local Professional Services
Agreement between Idaho Transportation Department, The City of
Meridian, and Keller Associates for the Local, Rail with Trail Pathway
Project #A013(918) in Meridian for the Not-To-Exceed amount of
$182,995.27
11. City of Meridian Financial Report -August 2023
Simison: Next up is the Consent Agenda.
Hoaglun: Mr. Mayor, on the Consent Agenda we do need to remove Item 10. That's the
license agreement between City of Meridian and MDC and the Nampa-Meridian
Irrigation District. There was another license agreement with ACHD and they are going
to be done in tandem, so they just ended up being separated due to the length of time it
took on the ACHD end. So, we are just going to move that item to number -- to October
7th. So, with the removing --
Simison: October 17th.
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October 3,2023
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Hoaglun: October 17th. Yes. October 17th. Sorry. So, with that, Mr. Mayor, I move
that we approve the Consent Agenda and for the Mayor to sign and Clerk to attest with
-- with -- with Item No. 10 being withdrawn.
Strader: Second.
Simison: Have a motion and a second to approve the Consent Agenda with that
change. Is there any discussion? If not, all in favor signify by saying aye. Opposed
nay? The ayes have it and the Consent Agenda is agreed to.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
10. License Agreement Between the City of Meridian, Meridian
Development Corporation, and Nampa & Meridian Irrigation District
Simison: There were no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
12. Ada County Jail Infrastructure Update, Proposed Expansion, and
General Obligation Bond
Simison: So, we will go right into Department/Commission Reports. First up is Item 12,
Ada County Jail infrastructure updates regarding their proposed expansion and general
obligation bond. I will turn the mic over Sheriff Clifford.
Clifford: Mayor and Council, thank you for having me. I'm Sheriff Clifford, The Ada
County Sheriff. I am going to talk just a little bit about Idaho's largest jail that sits right
here in Ada county and services the -- one of -- the City of Meridian, one of the many
here. As you know we are running for bond and I wanted to make sure that you have
information on what that means, answer any questions that you may have, so that you
and your constituents can make a decision and get out and vote on the ballot on
November 7th. So, I'm going to see if we can navigate this. There are a couple short
videos that we will have in here. Okay. So, obviously, we all know that population
growth is the theme of the last decade here in Ada county and in Idaho specifically and
you see that it's grown more than 38 percent since 2010. So, keep that number in your
mind that it's grown 38 percent since 2010. By 2030 we are projected to exceed
600,000 here in the county. So, just a little bit about the jail. We have a section of our
jail that was built in 1977 when there were 154,000 people here. In 1995, that's going to
be kind of a bookmark here in this timeline, that was when a large -- a large section was
added onto the jail, but big pieces of infrastructure were also added into the jail to make
sure that we could run it into the future. The Ada county's population was 256,000 and
we were, then, able to accommodate 560 beds. So, that's 1995. That's also the last
time we ran for bond here in Ada county and that Bond paid for that, obviously. In 2003
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October 3,2023
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population is up to 327,000. We had another major expansion and added -- so we
could handle 864 beds. Now we can see in 2007 we had a few more beds added and
2013 was the last time we added beds. It was not that many. Those were additions
onto that 1995 infrastructure. So, we are up to 1,116 beds available in a 544,590
population. Again, look at 1995, 256,000. Today 544,000. That jail of 1 ,116 is still run
on all of the infrastructure that was installed in 1995. 1 began my career 23 years ago
by working in that jail. It is the same kitchen. It is the same booking area. It is the
same inmate property. It is -- we have had -- had a little bit of upgrade in our laundry,
but it's very similar to what it was before. However, we are running at a thousand --
1,116 beds versus 560. So, the information I'm going to give you is about what -- what
is happening with the jail infrastructure improvement. Why would we run for bond?
Now, that tells a little bit of the story about why. But I will give you a lot more -- a lot
more to the story. Let's see if this works. There is supposed to be a video there.
Johnson: Do you see the error on the screen? Okay. It says, sorry, we cannot display
this media. Sorry about that.
Clifford: It's not the end of the world if we can't play it. I can -- I can certainly run
without it if we need to, so we will just -- we will just keep moving on. So, we will talk
about the current jail infrastructure. Again, the jail kitchen, that is a really big one. In
1995 that jail kitchen was built to accommodate about a thousand meals per day. With
our jail population usually running at about a thousand people it needs to accommodate
4,000 meals per day. Again, this is the same kitchen that I -- that I saw when I started
working 23 years ago in the jail. Jail booking, the same way. We have so much more
traffic in and out of our jail booking area as far as transports and bookings and we need
to revamp that area, so it's more ergonomic and less chaotic. What you can't see
behind this jail booking is the inmate property room and that thing is amazing. I wish
you could see some pictures of it. It's the same -- same size as the 500 bed facility that
we put in in 1995, but now there are over a thousand inmates, all of their property stuck
in that same little room and we have done things over the years that are -- years that
are very creative, but if you went in there today you -- and saw it you would realize what
the issue is. And, then, our jail laundry. They are doing -- I think it's 2,500 loads of
laundry a week. Does that sound right, captain? Twenty-five hundred loads of laundry
a week and we really need to improve that infrastructure, so that it doesn't start
crumbling in front of us. So, we have about 11,000 bookings a year and the -- our
population inside the jail -- I think the public doesn't realize what that population looks
like. It is anywhere between 85 -- and I have seen it up to 89 percent felony -- felonies
in there. So, there is a lot of kind of misnomers of, hey, just get rid of all these
marijuana users and petty thefts. Those people are not in our jail. Eighty-six percent of
them -- I think today it was 87 percent -- are in there for felonies. Usually five or six
percent of the population is in there serving time. People also sometimes don't
understand there is a difference between a county jail and a state prison. A state prison
you serve your felony time. In a county jail you are usually awaiting trial or some --
some type of hearing to see what your fate will be as far as if you released or going to
serve time at the prison. But there is a small amount of inmates that serve time for
misdemeanor and felony convictions inside the walls of the jail. So, as of today our
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October 3,2023
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average daily population is 1 ,005. That is now -- you have heard me say a thousand --
1,116 beds are inside the jail, so it's 1,005. We have more beds. Well, that is -- that is
quite the issue and -- that is an issue and I will get to that in a moment. So, sometimes
people will also say, well, you should just try and get more people out of the jail. People
I think don't always realize that the Ada County Sheriff's Office for the last 15 years has
been very innovative in -- in the country in creating programs that help keep the right
people outside of our jail and the right people in the jail. So, our alternative sentencing
is -- you have seen the field work that goes on -- sometimes on the side of the -- sides
of the road. This field work also improves picking up trash in parks. They help at the
fair. They actually help improvements at schools. They do so much more than picking
up trash on the side of the road. That's just what people usually see. We also have all
kinds of community service outlets for people to do alternative sentencing. We also
have a Community Transition Center. So, we have a center right there on our campus
where we can help identify people -- it's -- it has to be ordered by the court, but we can
identify people that are -- we can better supervise in our transition center, where we can
give them some skills, we help people get their G.E.D.'s, we help them find jobs and
during the daytime they leave the transition center and go to work and earn a paycheck,
so that they are not homeless when they get out of jail or they can pay their bills and
keep their -- their home that's waiting for them when they are done serving their time.
So -- and we also offer educational opportunities in that Community Transition Center.
We have our own classroom and educators that are specifically stationed in the
Community Transition Center. We also have misdemeanor -- the biggest misdemeanor
probation team in the state, so we can supervise people and help them be successful
outside the walls of the jail, instead of serving time inside our jail and our pretrial
release. It's much the same as the first three, that they identify folks that meet a certain
criteria where we can say, hey, you know what, we think you should go back to work, so
you can get to court, pay your fines, pay your taxes, pay your bills, support your family.
There are a number of different things ranging from ankle bracelets to, you know,
weekly visits to the office, to breathalyzers where we can say, hey, I think you are going
to be okay, we will help you get there, but you are still going to be watched by the Ada
County Sheriff's Office. So, when you talk about how we have about a thousand people
inside the walls of our jail, we usually have over 2,000 people that we manage outside
the walls of our jail. No video. So, the proposed --
Johnson: Sheriff, we are bringing the video in for you.
Clifford: Okay.
Johnson: Sound is another issue.
Clifford: Well, forget it. We will bag it. I said most of the those things anyway, so we
will probably be all right. So, the project itself is designed to -- we are hoping to get to
2040 with this addition on to the jail. It will add beds to our facility, about 296 beds, but
more importantly it will -- it will revamp that mid-'90s infrastructure the jail is quote,
unquote, functioning on today. So, we will have new booking intake -- intake being
where you bring arrestees into the booking area. New kitchen. Laundry. The housing
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October 3,2023
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pod with 294 beds. A transport center. There is a lot of traffic in and out of the jail on a
daily basis where inmates are taken to court or they are taken to doctor's appointments
or a myriad of things and because that booking area has never been updated the
transports have been more and more over the years, it causes a lot of congestion, a lot
of inefficiencies within the jail and it also makes it not quite as safe for us to be moving
inmates in and outside -- in and out of the jail during those periods. So, we will create a
whole new transport center so that we can get rid of transporting inmates through that
part of the jail. Warehouse. 1995 warehouse is what is servicing that jail today. It's
about 800 square feet. We need a 10,000 square foot warehouse and that's what we
would build in here today in the -- in these plans. We -- it would save us money on the
-- all the -- all the off-site space that we have to rent to store all of the needs for the jail.
If you don't -- I know some of you have been into our sallyport area where you pull in
when you have an arrestee to take them in. Well, there are car spaces there that have
boxes and boxes of toilet paper and food items, dry food items that we have had to use
as makeshift storage. We have filled every nook and cranny in that jail with storage that
we can. With a new warehouse we can cancel all that off site and help improve our
buying power as well through -- we can get a lot bigger bulk items and pay less for
them. And, then, a new secure access for -- for inmates -- inmates coming in and
people being released. So, that's -- that's kind of the infrastructure that we are looking
at putting in. We have already acquired the land. We -- it was -- the deal was finally
finalized in December of last year and one thing that people ask us all the time is what
is this going to cost me as a taxpayer. Because as you know with a bond that's what it
does is it costs the taxpayer. So, we figured out that it should cost the taxpayer about
$3.60 per 100,000 dollars of assessed property. So, if you have -- probably your
average homeowner, according to COMPASS will probably pay anywhere between 12
and 16 dollars a year for this bond. A couple of renderings there of what the new facility
will look like. New add-on will look like. So, the election is in November -- November
7th, so we are trying to get out there and educate people on what all this means.
Sometimes people don't pay attention to what a bond actually is or what it means for
them on their taxes or -- some people don't even know that the jail -- the largest jail in
the state is right here. A lot of people don't know where it is, which is totally fine.
Probably great that you don't know where it is. And when I tell people it's next to the
mall they are flabbergasted. But that's -- you know, that's a little bit on what -- what is --
what that bond entails. I would ask you that -- if people ask you questions that you
direct them to adajai I project.org and it has all the information -- well, at least most of the
information that they will need and they will have the ability to reach out to us if need be.
Trying to think if I covered everything. But does anyone have any questions?
Seal: Thank you. Council, any questions?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thanks, Sheriff Clifford. Appreciate you being here. Couple quick questions.
So -- and I just was appreciating the difference between the county jail and the state jail.
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October 3,2023
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Do you have the ability to -- if you become over beds, like where are you going to put
people? Just curious how that would work. Do we -- can we send them out of state?
Do we send them to the state jail? Like how does that work?
Clifford: Well, as the county -- Mayor and Council. Sorry. Our plan right now has been
to keep those programs robust for -- for keeping people out of jail, but that's kind of the
problem is these people that are in our jail now don't meet those -- don't meet the
criteria for those programs. So, right now our only option is to have them sleeping on
cots on the floor. So, they sleep about four inches off the floor on -- we call them boats.
They are metal -- plastic cots. We don't see an option for transporting them out of state.
That would be cost prohibitive at this point. That costs a lot of money. Plus shipping
them out -- out of state, they have court appearances that -- again, it's a transient
population; right? Because people are -- they come and go out of the jail much more
than they would the prison where they are not serving a sentence. So, it's not -- not
really an option to do that. We don't really have the option of sending them to other
jails, because those jails also have the same problems we do and, quite frankly, all over
Idaho we see this issue and we see other jails that are running for bonds for that
reason. So, I don't have a great answer to what's the next step, but we are going to
have to start planning for the future one way or another. We are going to pay now or
pay later. With the higher population in the jail we see higher acts of violence on inmate
on inmate and inmate on deputy and taxpayers pay for that. An inmate gets hurt during
a fight, taxpayers pay for the medical treatment and so we certainly don't want anybody
to get hurt. So, our -- our -- our big goal now is just to educate people on what really
happens inside the jail, what really is happening in their -- their community jail. Big
sentiment from a lot of people is they should be having bread and water and all sleeping
on the floor and that just -- that doesn't work. It really doesn't. It makes it a dangerous
environment for inmates and deputies and, again, you pay now or you pay later. That's
going to get us sued and it's going to cost medical and it's inhumane as well. So, we
are focusing on this bond in hopes that we can -- that we can educate everybody and
kind of go that way.
Strader: Mr. Mayor, just one more question.
Simison: Council Woman Strader.
Strader: What is the term of the bond?
Clifford: Term of the bond will be 20 years. Thirty years?
Strader: Wow.
Clifford: Twenty. Sorry. So, 20 years.
Strader: Okay. Thank you.
Perreault: Mr. Mayor?
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October 3,2023
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Simison: Council Woman Perreault.
Perreault: Thank you. Did I understand that there hasn't been a bond passed since
1995?
Clifford: Mayor and Council. That's correct. We haven't run for a bond in Ada county
since 1995 and that bond was for the establishment of the new pods in the jail and the
infrastructure we are using right now.
Perreault: Mr. Mayor, follow up.
Simison: Council Woman Perreault.
Perreault: Thank you. So, I noticed there has, obviously, been a significant increase in
beds since then. How have the -- the other additions and -- or I don't know if there has
actually been space for capital projects that have been done. How have those been
funded without having bonds for this much time?
Clifford: Those have been funded through bonds at the county commission -- or not
bonds. I'm sorry. Funds that county commissioners have appropriated for the
expansions. They are not as -- those -- those small little band-aids didn't cost as much,
frankly, as what we are asking here. But it should be noted that we are bonding for 49
million. The cost of the project is about 69. But we have already purchased the land.
Already have the -- all of the architectural drawings done and some of that -- some of
that cost will be offset by savings that the commissioners have instituted over the years
for a jail construction fund. So, they didn't just find a big load of money sitting in a
closet, they have been chucking away money, so if we found that we did have to run for
a bond it would be -- at least be less of a tax burden per year on the taxpayer.
Perreault: Mr. Mayor, one more question if I may.
Simison: Council Woman Perreault.
Perreault: Thank you. So, I noticed on the site plan that it looks like you will be pretty
close to out of physical space to add more structures after this. So, do you have any
thoughts you can share on what that means for future expansion?
Clifford: So, future expansion could be a few different things. I think if this bond gets
passed and we build that we would probably start planning for the future immediately.
When I'm -- when I'm long gone and probably most of the employees there -- maybe not
most of them, but quite a few of the employees, we need to plan for the future. Whether
that means we use the existing campus for that and move all of our administrative
services off site -- we always joke that, you know, in -- you know, in 20 years we may
have all of our administration and executive staff in a building here in Meridian and the
-- and the jail takes over the whole campus at Barrister. So, that's probably what we are
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October 3,2023
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going to look into for the future. But we need to plan that as soon as we know how this
is going to go. So, that's a great question. I appreciate the question.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Sheriff, thank you for that presentation. That -- that was helpful and I was
curious related to the -- to the bond. Is that a simple majority or is it a two-thirds?
Clifford: That will be a two-thirds majority, which is why we want to educate every -- we
know a lot of people -- some people don't pay attention to bonds or what they mean, so
we really need to get out there and explain to them what this is and what it does.
Simison: Council, any additional questions? Thank you, Sheriff Clifford, for being here
and providing this information and I think we did a good job not asking any questions we
shouldn't ask you in that regard, so --
Clifford: Mayor and Council, thank you so much for giving me the time. I know you
guys have a lot going in this city all the time. So, just give me a few minutes,
appreciate it greatly. If you have any questions I would love it if you would reach out to
me or if you want to do it through the Mayor, however you would like to do it, reach out
and I will give you the answers. All right. Thank you, Mr. Mayor.
13. Meridian Intersection and Pedestrian Taskforce Findings Report
Simison: Thank you. Okay. Next item on the agenda is Item 13, which is the Meridian
Intersection Pedestrian Task Force findings report and we will turn this over to Miranda.
Carson: All right. So, I get to come back before you again tonight to tell a story about
community collaboration and dedication. It revolves around the safety of our streets
and our intersections and our pedestrians. It's the story of how the Intersection and
Pedestrian Safety Task Force came into existence and the tremendous effort that it's put
forward for our community. Following tragic pedestrian versus vehicle crashes elected
officials at the City of Meridian and at ACHD recognized an urgent need to address
safety concerns and they acted to establish the MIPS Task Force. Our mission that we
were charged with was to evaluate the experience of non-vehicle travelers in
intersections and to look for intersection improvement opportunities, to keep our
communities safe and walkable through responsible transportation planning, design and
enforcement practices. This was an ambitious endeavor. It was a joint effort within our
agency team, the City of Meridian, the Meridian Police Department, Ada County
Highway District, the West Ada School District and the Community Planning Association
of Idaho, all participated in the lengthy meetings, 14 times over the last eight months.
There were also innumerable breakout meetings and discussions around this effort. No
effort towards improving safety can be successful without expert guidance. The
Meridian Police Department played a vital role in this effort. They performed on-site
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visits and provided their professional opinions at each of these sites and an unwavering
presence at every task force meeting. Early on the task force established some
overarching goals. We wanted to improve the safety of mobility network users, utilize
data for safety improvements and create a centralized resource for community
feedback. We didn't have to start from scratch, so I received some photos today from
May 1960 of the Meridian Police Department handing out lights to go on children's
bikes. So, this is an effort for safety. It goes back in our history as a community and it
will continue forward into the future. The taskforce looked at current ongoing efforts at
the various agencies, because we wanted to ensure that our new initiatives built on
those efforts and enhanced current efforts. You can see from these efforts that the
various partners are all committed to the experience and safety of users of every mode
of transportation in our community. One of the most critical aspects of this initiative was
the safety audit. It covered over 140 sites, with 134 intersections and, then, various
other corridor and areas that we looked at. It included analysis of crash data,
identification of onsite hazards, a streetlight audit, a review of community feedback and
detailed meticulous one-by-one intersection reviews. Engaging the community was
fundamental to the MIPS mission. We recognize the importance of incorporating the
perspective of our residents into this transportation planning effort. To achieve this we
embarked on an outreach campaign. The Meridian and ACHD communications teams
collaborated with the MIPS team to create a dedicated webpage for project updates and
information. It also included links for residents to report concerns that needed
immediate attention through the various ticket systems and a map survey for residents
to drop pins and tell us their concerns and give us information about their experience at
various intersections throughout the city. This web page and survey was shared
through the city and ACHD website, city newsletter and a social media strategy that was
orchestrated by both ACHD and the city. Did this to amplify awareness of the ongoing
efforts and to encourage public participation. The information that we collected through
the survey was, then, integrated into the MIPS recommendations. We received 62
responses and in those identified 93 comments and concerns reflecting a diverse range
of perspectives and experiences. Each comment was methodically examined to
determine the appropriate agency for coordination, to ensure that the community voice
was matched with actionable steps. The MIPS task force work led to recommendations
that were drawn from the collective expertise of the stakeholders and the residents.
Ultimately the engineering and maintenance of our roadways lies with ACHD and ITD.
The recommendations here are not intended to be prescriptive, but they are to further
collaboration with these agencies as we all work towards continuous improvements.
We found some recommendations for further evaluation, some study opportunities
being a study into speed limit defaults and reductions. A bicycle facilities study that will
look at current lane interactions or bike lane interactions with vehicular traffic and
current application of ACHD's bike policies. A pedestrian study that would further look
into pedestrian overpass and underpass opportunities and also a sidewalk gap analysis
throughout the city and a study into the feasibility and maintenance of a central
repository for transportation safety information. We also identified specific
improvements for intersections and areas. Those include new crosswalk paint and
signalization. Improvements to existing crossings. Specific areas speed reductions.
Traffic -- traffic signal changes and improvements to pathway, sidewalk, and bike lane
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gaps and deficiencies. It also includes a retrofit to 184 streetlights from halogen to LED.
This last recommendation is thanks to an extensive streetlight audit that was performed
by the Meridian Public Works Department and through collaboration of MIPS
recommendation and that department it -- these projects -- these streetlights will be
prioritized in the Meridian Streetlight Master Plan. The MIPS taskforce exemplifies the
power of community action. This ever is a testament to what we can achieve when we
work together to address our neighborhood concerns. Pedestrians have a right to feel
safe on our network of roads, sidewalks and pathways and the agencies involved in this
are leading the way toward achieving that vision. I could stand for any questions.
Seal: Thank you, Miranda. Council, questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you very much. This information was -- was really fantastic. I
appreciated reading through the report. I have noticed that in the construction zones in
our area there is oftentimes cones or signs or whatnot that -- that obstruct a sidewalk
and there might be a pedestrian or an individual who is wheelchair bound or a bicyclist
who might get injured from, you know -- or any other disability that might get injured
from those, but they wouldn't necessarily call the police, because it wasn't with a vehicle
or it wasn't -- you know. So, it's not something that's being reported per se. So, is there
any -- likely not any way to get data on that, but does -- does ACHD know if that is
something that can be remedied? Was there any conversation about that with the task
force?
Carson: Mr. Mayor, Council Woman Perreault, that's a great question. The task force
did not discuss construction zones, but I can tell you that construction providers do have
a responsibility to provide alternative pathways. So, if a sidewalk is being repaired or
construct -- if a sidewalk was currently existing and now it's being ripped up for any kind
of construction or -- or blocked for any kind of construction, the contractor does have a
responsibility to provide an alternative pathway. That does not always happen and it's a
spot-by-spot basis, but, typically, I have found that there is phone numbers on
construction signs and if you call you can get somebody to put out -- put out those
things, but that's something that individuals have to report to each individual contractor.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thanks, Miranda. This is fantastic. Really proud of the work that you all have
done and I think it's gotten really far since it first started. I was lucky enough to sit in on
several of the meetings and I'm really happy with the recommendations and the
direction. Just a couple questions I have. How are we putting -- and this is phenomenal
work. I just want to make sure it's leveraged going forward. So, how are we planning to
Meridian City Council Work Session
October 3,2023
Page 12 of 15
use the detailed recommendations is the first question I have. And, then, the second
question I have is how are we going to evaluate as a City Council on some of the next
steps recommendations, like the database, the different studies that are recommended?
That may be a question for the Mayor's office as well. Thanks.
Carson: So, I will -- I think that the question of further studies and evaluation does fall
more to the Mayor. The Planning Department can look into those things, but we take
our charge from the Mayor's office and the Chief of Staff and as far as the individual
recommendations for specific streetlights, we have already sent them off to ACHD and
their engineering team has already begun to look at them. We did let them know that
it's a draft and that we are working through the final document and wanted to bring it to
Council. So, after tonight this can go to them and we will look at what order we can get
these done in and they did have some concerns with some of the paint requests
because of the ongoing burden for painting a crosswalk, because it's painting ladders,
but we will work through the painting program request. We can work through these
through COMPASS project development grants. There is several different avenues and
opportunities we have to go through these individual intersection requests and really
begin at looking at how we can get some boots on the ground starting to plan for this.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. Just a couple of comments. I would hope by the time we get to budget
time, you know, if I'm lucky enough to be here, but maybe, you know, if Brad is here,
whoever is here, that we will at least have the opportunity for the Council to evaluate
some of those recommendations that are more long term in terms of the studies and the
centralized database to me is a really powerful tool, because it -- one thing that I know
we ran into was each agency was kind of siloed and were doing its own workstream and
I think the power of this project was bringing all these agencies together and really
centralizing everything. So, that's just a comment and, then, in terms of the more
detailed recommendations I think -- I think you are spot on with clearly communicating
where we go through our community projects priorities with -- and ACHD will use this as
a tool I'm sure, but I would hope that, yeah, we could look at grant funding, even, you
know, yeah, that they just -- whatever avenues we can find to try to accelerate them.
Clearly from the comments, you know, people are frustrated and you can see in the
heat map like where there are some clear priorities. So, I just hope that we kind of treat
those with some urgency. Just not a comment just for you, but for everybody. Thanks.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Miranda, thanks for the work on this and the whole group. I didn't see
anything in there, but I just wanted to find out if you had discussions about bollards in
the downtown intersections. As you know we want to create more pedestrian accesses,
Meridian City Council Work Session
October 3,2023
Page 13 of 15
is more pedestrian foot traffic and that involves, you know, outdoor seating areas and, of
course, we have had some incidents -- accidents where cars actually crash into
buildings and I know ACHD isn't a big fan of bollards, but was there any discussion
about that on any of the downtown locations?
Carson: Mr. Mayor, Councilman Hoaglun, yes, there was some discussion on bollards
and pedestrian -- not fences, but railings. There is some concern that with those you
would have to start looking at the shy distance. So, when you are adding those things
you need to add on to the width of the pathway and the sidewalks as well. That is
something that we did share our recommendations for the downtown area with the
Meridian Development Corporation as well, so that they can incorporate that into their
planning efforts and I believe they might be looking at bollards, but ultimately the MIPS
task force did not recommend the bollards in the downtown area, because they usually
give a -- maybe a feeling of safety, but especially with pedestrian railings it doesn't
actually stop vehicles from coming up onto the sidewalk. So, where it may make the
user feel more safe, it's not actually promoting safety.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: Yeah, there -- there is -- definitely the railing type is definitely less safe, but
there is interest in the bollards still and actually having something that would stop a
vehicle from actually going into the building or the sidewalk at that location, wherever
they are installed. So, I know there will be more work on -- on that, a lot more
conversation moving forward, so we will see what happens.
Simison: Just to add my two cents to -- how much I appreciate and value the team that
did all this work. I know it was a lot of work and I know even on occasion maybe I was
asking for a little too much, more than they were hoping to do, but I appreciate everyone
going out and taking the time. From the practical standpoint I think it's -- it's safe to say
irregardless of who is up here -- could be a different mayor -- that the group will bring
forward these recommendations appropriately, as they should be warranted through --
either our budget or other people's budgets to make improvements that we think are
important for the community. So, I think that will be something we will do. I got my first
look at this last week briefly just to give some feedback for you all to help me get some
additional information that hopefully you found valuable that was in here. But there is a
lot of good information in here, not just the stuff, but I just want to quote one thing that I
read. We spend half of our time on traffic accidents on state highways where the speed
limit is over 45 miles per hour. There is little nuggets in this document that were --
whether it's intersection improvements or otherwise that have real value and benefit,
you know, kind of moving forward and I do plan on sitting down with the team and kind
of going through this as -- as they wrap it up and talk about where are those priorities
that we can move forward immediately. We have already talked about some of those.
You know, the Public Works has been waiting to prioritize these intersection LED
improvements and this -- that's already moving forward, but where else in here makes
Meridian City Council Work Session
October 3,2023
Page 14 of 15
sense. So, we will definitely be doing that and if it needs to wait for a budget
amendment we will, if -- if we put it in next year's budget or do it before that will be the
plan, so --
Strader: Mr. Mayor?
Perreault: Mr. Mayor?
Simison: Council Woman -- Rochambeau -- Strader.
Strader: I just wanted to thank you for putting the resources into this that you did from
your office and I wanted to thank the team for all the hard work on it, because I know it
was excruciatingly difficult and very detailed work, but I think it speaks a lot to the
importance of public safety in our community and how we treat all different users of our
roadway network. But I just wanted to personally thank all of you -- you, Mr. Mayor, as
well for prioritizing it. Thanks.
Simison: Council Woman Perreault.
Perreault: Thank you. I'm curious to hear how this might help us inform us on our
streetlight prioritization. We have talked a lot about streetlights and funding and
locations over the past couple of years and I think some of this data could really be
used to help out with Public Works Department as well. So, hopefully, this will cross
over multi-departmental conversations about how we can use the information in a
variety of ways.
Simison: Do you want to answer that one or --
Carson: Yeah. I can. Mr. Mayor, Council Woman Perreault, so, yes, this did cross over
between the Planning Department and the Public Works Department. As I said they did
an extensive streetlight audit. They went and looked at every streetlight on every
intersection of every arterial -- arterial or signalized or pedestrian intersection in the city
and evaluated those to see if they were up to the City of Meridian new standards. So,
for new streetlights we put in LED bulbs, because they have longer life, which means
less outages. They also burn brighter. They also have a fiscal impact with savings. So,
that's why these specific -- these specific intersections were identified to be at the
beginning of the priority list with the master streetlight update, because they are at
intersections.
Simison: And maybe from -- and we do have Laurelei on the line, but the way I'm
understanding their plans for FY-24 was to use the funds allocated in FY-24 to
immediately go work on these projects. That was already in their path forward, they
were just waiting for the report to a certain extent to be completed to go do that and get
into the new budget year. And, Laurelei, if I was incorrect feel free to unmute and
correct me.
Meridian City Council Work Session
October 3,2023
Page 15 of 15
McVey: No. You were spot on. Just so you guys know, those are -- the projects are
being put together and should be put out to bid, if they are not already out to bid. So,
we are already working on it.
Simison: Thank you. Council Woman Strader.
Strader: Just one more question. I was curious. Are we planning a similar presentation
at ACHD or the other agencies or how -- how will that work in terms of the
communication?
Carson: Mr. Mayor, Council Woman Strader, so currently our plan is to send a
recommendation -- so ACHD did have a representative on the task force and currently
our plan is to send the recommendations and report to ACHD commission and have
them address it with their team as -- as they see fit.
Simison: Okay. And, lastly, if I -- I just want to say also thank you to Congressman
Overton -- or sorry -- Councilman Overturn who is not with us today. Yeah. He got a
new job. Part of me wanted to wait until he was back, but at the same time we want to
get this in front of everybody and keep it moving forward and not delay on that stuff. So,
I'm sure he can appreciate that as well.
Carson: Yes, Mr. Mayor. He was an active member of the task force.
Simison: All right. Thank you very much.
Carson: Thank you.
Simison: So, Council, with that we are at the end of our agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move that we adjourn our work session.
Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The
ayes have it. We are adjourned.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5.21 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
10 / 17 / 2023
MAYOR ROBERT SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Approve Minutes of the September 19, 2023 City Council Work Session
Meridian City Council Work Session
September 19,2023
Page 12 of 12
Perreault: Second.
Simison: Motion and second to go into Executive Session. Do I have any discussion?
If not, Clerk will call the roll.
Roll Call: Hoaglun, absent; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea;
Overton, yea.
Simison: All ayes. Motion carries and we will move into Executive Session.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
EXECUTIVE SESSION: (5:04 p.m. to 7:20 p.m.)
(Motion and second to come out of Executive Session: Strader/Perreault)
(Motion to adjourn: Strader)
MEETING ADJOURNED AT 7:21 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR ROBERT E. SIMISON 10-3-2023
ATTEST:
CHRIS JOHNSON - CITY CLERK
w IDIAN�
AGENDA ITEM
ITEM TOPIC: C-Shell Retail Development POD 4 Water Main Easement#1 (ESMT-2023-
0134)
rt ttiii �i
C-SHELL 2022-0040 RETAIL ADA COUNTY RECORDER Trent Tripple 2023-056720
BOISE IDAHO Pgs=7 ANGIE STEELE 10/04/2023 09:13 AM
Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential numbqr if Project contains
more than one Water Mam easenteAt.
(See Instructions ctions for aMtional infa ation).
ESMT-2023-0134
WATER MAIN EASEMENT
THIS Easement Agreement, made this 3rd ; day of October ' 20 23 between 10 MileFranklin, LLC
("Grantor"), and the City of Meridian, an Idaho MunicipalCorporation("Grantee");
WHEREAS,the Ghuddfdesires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded,and described d
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed y others; and E
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the tee,
NOW,THEREFORE,in consideration of the benefits to beyeceived by the Grantctrj arld='other
good and valuable consideration,¢ the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property,
(SEE ATTACHED TIIIITS A and )
The easement hereby granted is for the
purpose of construction and operation of water mains
d their allied facilities, together,,with; their maintenance, repair and,replacement at the
convenience of the Grantee,with the free right of access to such facilities at any and all tunes.
TO HAVEAND TO HOLD, the said easement and right-of-way unto the;said Grantee, its
successors'96d assigris forever.
IT IS EXPRESSLY RST AND AGREED,by and between the parties hereto, that
after making r6pairs or performing other maintenance,-Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking suchrepairs and
maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement,
THE GRANTORcovenants and agrees that Grantor shalt not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Water Main Easement Page 1 Version 04/17/20 3
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns,heirs, personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written,
GRANTOR:
10 Mile Franklin LLC
By: Franklin Mile Managers,LLC
its Manager
By: Sunny Cove, LLC its Manager
Mark Engstrom, Manager
OF IDAHO )
) ss
County of Ada
This record was ac :36wkdged before me on (date) by
(name of individual), [comp he following if signing in a representative capacity, or strike
the following if signing in an in ' ' ual capacity] on behalf of
(name of entity on behalf of whom re d was executed), in the following representative
capacity: (typ authority such as officer or trustee)
(stamp)
Notary Signature
My Commission Expires:
Water Main Easement Page 2 Version 04/17/2023
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of (7 ) ss.
On S Pp-I' b Pry I Z�
before me,
("_(2 ►y N1 She rto w
Notary Public personally appeared M 'fl"' k �N�SfirO�1/j
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. WITNESS my hand and official seal.
U "
SIGNATURE �U
HE
Comm A98L7NOTARYPUkl -CALIF n
CO4lXR2A
fl PIjREBAP3
2026 L
CA-Notary Acknowledgment—One Page
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-3-2023
Attest by Chris Johnson, City Clerk 10-3-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
C.!U•B l ® THE V
f LANOGON MAPPING
GROUP 1
INC.INC.
J•U•0 ENOINEERS,INC. J U S FAMILY OF COMPANIES
EXHIBIT"A"
10 MILE FRANKLIN, LLC
CITY OF MERIDIAN
4-FOOT-WIDE WATER MAIN EASEMENT
LEGAL DESCRIPTION
A water main easement over a portion of Lot 9, Block 1, Outer Banks Subdivision according to the Plat
thereof, recorded in Book 126 of Plats, pages 20200—20205 and recorded under Instrument No. 2023-
026654, Records of Ada County, Idaho located in a portion of the Northeast Quarter of the Northeast
Quarter of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho, more particularly described as follows:
COMMENCING at a Brass cap marking the northeast corner of said Section 15,from which an Aluminum
cap marking the southeast corner of the northeast quarter of the northeast quarter of said Section 15
bears South 00°33'16" West, 1329.09 feet; Thence along the east line of said Section 15, South
00°33'16" West, 775.74 feet;Thence leaving the east line of said Section 15, North 89°24'36" West,
65.85 feet on a random line to the southeast corner of said Lot 9, said point also being the northeast
corner of Lot 10 and being on the west right-of-way line of South Ten Mile Road;Thence leaving the
west right-of-way line of said South Ten Mile Road along the common boundary line of said Lot 9 and
said Lot 10, North 89°24'36" West, 171.93 feet;Thence leaving said common boundary line, North
00°35'24" East, 22.00 feet to an angle point in an existing City of Meridian utility easement as shown on
page 20201 of said Plat of Outer Banks Subdivision, said point is also the POINT OF BEGINNING of the
easement to be described;
Thence continuing along said existing City of Meridian utility easement, North 00°35'24" East, 27.00 feet
to an angle point in said existing City of Meridian utility easement;
Thence leaving said existing City of Meridian utility easement, South 89°24'36" East, 4.00 feet;
Thence South 00'35'24" West, 27.00 feet to said existing City of Meridian utility easement;
Thence along said existing City of Meridian utility easement, North 89*24'36" West,4.00 feet to the
POINT OF BEGINNING and the end of this easement description.
Containing 108.0 square feet, more or less.
This description was prepared by me or under my supervision. If any portion of this description is modified
or removed without the written consent of John J. Shea, PLS, all professional liability associated with this
document is hereby declared null and void.
Page 1 of 2
2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 IT www.jub.com /' 208.376.7330
® THE GATEWAY
LANODON GATEWAY
GROUP INC.
J•U-B ENGINEERS,INC. J-U-B FAMILY OF COMPANIES
O�P� LAND
Joh J. Sh a PLS 15528 lc:,)`'���,��s trRFosG��
�q•�8�Zaz�
Date 9rf OF
9` 10-2®Z
Page 2 of 2
EXHIBIT "B"
LOT 9 W. Franklin Rd.
BLOCK 1
OUTER BANKS SUBDIVISON S.10 S.11
(BK.126, POS 20200-20205) S.15 S.14
POSITION OF
BRASS CAP
S89°24'36"E
4.00'
0
0 �
o o
� N •
Li d Ln
o 10 � N � CD
N ,0 I z
SCALE IN FEET U-)
O Q
CD � W
CD
Z �
LL-
- — o O
z O
POINT OF Q o �BEGINNING z <
N89°24'36"W w
!LLJ 4.00' n
w
O N O
O Ln
N IO U J
10 I-
z 171_93 _ N 65.85
LAND N89°24'36"W N89°24'36"W
SrFR SG�
C) POSITION OF
z ALUMINUM CAP
9�F O
ay/V J S��P
R-t�-tot3
CITY OF MERIDIAN
�— WATER MAIN EASEMENT LEGAL DESCRIPTION SHEET
1
Z __J SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
d J-U-B ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: C-Shell Retail Shell Development POD 4 Water Main Easement No. 2 (ESMT-
2023-0135).
C-SHELL 2022-0040 RETAIL ADA COUNTY RECORDER Trent Tripple 2023-056721
ain BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/04/2023 09:13 AM
Water � � Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main casement.
(See Instructions foraddition'al Info ation),
ESMT-2023-0135
WATER MAIN EASEMENT
THIS Easement Agreement, made ,this 3rd. day of October 23 b
etwee'n 10 Mile Franklin,rt, LTa
("Grantor'), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS,the Grantor,desires to provide a,water amain right-o way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed,by others; arld
� i
WHEREAS, it°will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, arlii either
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-o way for an easement for the operation and maintenance of water
mains over and across the following described property:
,(SEE ATTACHED EXHIBITS A and )
The easement hereby granted is for thc-purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee,with the free right of access to such facilities at ahy and 141 titres:
TO HAVE AND TO HOLD, the said easement dright-of-way unto the said grantee, its
successors and assigns f6r vet.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,b 'and' between the parties hereto, that
after making repairs or performing other in in e nc , Grantee shall restore the area of the
easement
ceo l-Iow and jer�Grantee shall not�lae property to' tha istent ch' to urlert i�i such repairs arid
'
lari
responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was(placed there in,violation
of this easement.
THEGRANTOR covenants and agrees that,Grantor,shall not place or allow to be placed any
permanent structures or obstructions within the easement area that would interfere with
Grantee's use of said easement, including, but not limited to, buildin s, trash enclosures,
carports, sheds, fences, trees, car deep-rooted shrubs.
I
THE GRANTOR covenants and agrees with the Grantee that should any past of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
ater Page t Version 04/17/2023
W Maim Easement
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns,heirs, personal representatives, purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
GRANTOR:
10 Mile Franklin LLC
By: Franklin Mile Managers,LLC
its Manager
By: Sunny Cove, LLC its Manager
Mark Engstrom, Manager
STATE OF IDAHO )
) ss
Coun f Ada )
This rec was acknowledged before me on (date) by
(name of indi ' ual), [complete the following if signing in a representative capacity, or strike
the following if st 'ng in an individual capacity] on behalf of
(name of entity on be of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
(stamp)
Notary Signature
My Commission Expires:
Water Main Easement Page 2 Version 04/17/2023
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
ss.
County of YQ 1.0 )
On S&Otew b'eV' 19, 2023 before me,
C(At! � M - "C h e mom
Notary Public personally appeared MGtr'V F_VIGq��06g
who proved to me on the basis of satisfactory evidence to be the person(s)whose names) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. WITNESS my hand and official seal.
SIGNATURE
e HY M.
U SHELTOIV
#2 $
E15
EC•CAUFORN A +�
O=v COUNTY 0
: . CATH APR
Y M.SHELTON "" O v6
8 COMM.#2398715
NOTARyPUauC•CALIFIAoXRSOORCOMMPIEqR �
23,2026j
CA-Notary Acknowledgment—One Page
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-3-2023
Attest by Chris Johnson, City Clerk 10-3-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
�f THE GATEWAY
(J.V.g " ® LANOGON ® MAPPING
GROUP INC.
J•U•B ENGINEERS,INC. J-V-8 FAMILY OF COMPANIES
EXHIBIT"A"
10 MILE FRANKLIN, LLC
CITY OF MERIDIAN
15-FOOT-WIDE WATER MAIN EASEMENT
LEGAL DESCRIPTION
A water main easement over a portion of Lot 12, Block 1, Outer Banks Subdivision according to the Plat
thereof, recorded in Book 126 of Plats, pages 20200—20205 and recorded under Instrument No. 2023-
026654, Records of Ada County, Idaho located in a portion of the Northeast Quarter of the Northeast
Quarter of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho, more particularly described as follows:
COMMENCING at a Brass cap marking the northeast corner of said Section 15, from which an Aluminum
cap marking the southeast corner of the northeast quarter of the northeast quarter of said Section 15
bears South 00*33'16" West, 1329.09 feet; Thence along the east line of said Section 15, South
00°33'16" West, 775.74 feet;Thence leaving the east line of said Section 15, North 89°24'36" West,
258.78 feet on a random line to the southeast corner of said Lot 12, said point also being the southwest
corner of Lot 9;Thence along the common boundary line of said Lot 9 and said Lot 12, North 00°35'24"
East, 27.00 feet to an existing City of Meridian utility easement as shown on page 20201 of said Plat of
Outer Banks Subdivision; Thence leaving said common boundary line along said existing City of Meridian
utility easement, North 89'24'36" West, 10.00 feet to the POINT OF BEGINNING of the easement to be
described;
Thence continuing along said existing City of Meridian utility easement, North 89°24'36" West, 15.00
feet;
Thence leaving said existing City of Meridian utility easement, North 00°35'24" East, 22.00 feet;
Thence South 89°24'36" East, 15.00 feet;
Thence South 00°35'24" West, 22.00 feet to said existing City of Meridian utility easement and the
POINT OF BEGINNING and the end of this easement description.
Containing 330.0 square feet, more or less.
This description was prepared by me or under my supervision. If any portion of this description is modified
or removed without the written consent of John J. Shea, PLS, all professional liability associated with this
document is hereby declared null and void.
LAND
oh J. She PLS 15528 CO Q���S T F140
09-I a-t&13 s �o
Date �� OF
og_ if,7-
Page 1 of I
2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 11' www.iub.com /' 208.376.7330
EXHIBIT "B"
W. Franklin Rd.
S.10 S.11
S.1 S.14
POSITION OF
BRASS CAP
S89°24'36"E o 10
15.00' SCALE IN FEET
w
N O 0
N LOT 12
Ln o o o,
r� c� o BLOCK 1
o N N ;� OUTER BANKS SUBDIVISON Ln
z o (BK.126, PGS 20200-20205)
CD
N89°24'36"W _ - Q
L�l
Q 15.00' , m
o
z POINT OF I o
BEGINNING I'L' m
cn
o Q N89°24'36"W o I - m
�, 10,00' 1 j
v 10
J
O ~
O I
� I
N N89°24'36"W
258.78'
L AND
co������sreRFosG�,� POSITION OF
CDALUMINUM CAP
0 9T F 0 F
N � S
�g-t _zoL3
CITY OF MERIDIAN
WATER MAIN EASEMENT LEGAL DESCRIPTION SHEET
z SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
a l-U-B ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Red Aspen Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-
0124)
ADA COUNTY RECORDER Trent Tripple 2023-058520
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/16/2023 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
Red Aspen Sanitary Sewer and Water Main Easement No. 1
ESMT-2023-0124
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 3rd day of October 20 23 between
Red Aspen LLC ("Grantor") and the City of Meridian,an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;
and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant and
convey unto the Grantee the right-of-way for an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and water mains and their allied facilities, together with their
maintenance, repair and replacement at the convenience of the Grantee, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area
of the easement and adjacent property to that existent prior to undertaking such repairs
and maintenance. However, Grantee shall not be responsible for repairing, replacing or
restoring anything placed within the area described in this easement that was placed there
in violation of this easement.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be
placed any permanent structures or obstructions within the easement area that would
interfere with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
public street, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that Grantor has a
good and lawful right to convey said easement, and that Grantor will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns, heirs,personal representatives, purchasers,or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
Ore
STATE OF IDAHO )
) ss
County of Ada }
This record was acknowledged before me on .� ZMZ�(date) by
L�&e (name of individual), [complete the following if signing in a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of -konoi, LL'L. (name of entity on behalf of whom record was
executed), in the following representative capacity: NA.fe r (type of
authority such as officer or trustee)
r
O��pIIA
= a z Notary ignature
: My Co mission Expires:
,��d, Al
Sanit and Water Main Easement page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-3-2023
Attest by Chris Johnson, City Clerk 10-3-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E R I N G
September 18,2023
Project No.21-152
City of Meridian Sewer and Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Sewer and Water Easement over a portion of the Northwest 1/4 of the
Northwest 1/4 of Section 24,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County,
Idaho and being more particularly described as follows:
Commencing at the Northwest corner of said Section 24,which bears N00+41'26"E a distance of 2,650.84 feet
from the West 1/4 corner of said Section 24,thence following the westerly line of said Northwest 1/4 of the
Northwest 1/4,S00"41'26"W a distance of 201.45 feet;
Thence leaving said westerly line,S89.18'34"E a distance of 275.81 feet to the POINT OF BEGINNING.
Thence N00"52'35"E a distance of 110.65 feet;
Thence N89°31'54"W a distance of 26.87 feet;
Thence N00°52'35"E a distance of 20.00 feet;
Thence 589+31'54"E a distance of 16.87 feet;
Thence N00°52'35"E a distance of 7.98 feet;
Thence 589+07'25"E a distance of 32.21 feet;
Thence S13.36'35"W a distance of 10.02 feet;
Thence S00.52'35"W a distance of 108.78 feet;
Thence S89"07'25"E a distance of 19.97 feet;
Thence S00"41'25"W a distance of 20.00 feet;
Thence N89'07'25"W a distance of 40.03 feet to the POINT OF BEGINNING.
Said parcel contains 3,799 square feet,more or less,and is subject to all existing easements and/or rights-of-
way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.
\ANAL LAND
\G E N S�� Goa
o -{
a 662
or
F<< KEH��'
5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939+ kmenglip.com
14 13 0 50 100 ISO
NORTHWEST CORNER
SECTION 24 Plan Scale: 1" =So'
23 24 (K
! W. Overland Road
I
R/W R R/W R/W R A„ L G
PROPOSED L5�� L7
RIGHT—OF—WAY J L4
�L2� !
PROPOSED I I
1 RIGHT—OF—WAY I Ica
Z o rl I
ogCV
co I !
N N I I �L9-Y
0
t/i o S89'18'34"E -i
x N� 275.81 (TIE)' L1 i— �
00 POINT OF}
a LINE TABLE BEGINNING
0
a
o LINE BEARING DISTANCE
0 1 L1 N0952'35"E 110.65 pL LAN
is D
k I N L2 N89'28'15"W 26.87 "\GENSF0SG�J`
I (4.
oL3 N0952'35"E 20.00 4 16662
L4 S89'26b5"E 16.87
x Sf O
m L5 N0952'35"E 7.98 !�
a WEST 1/4 CORNER F
SECTION 24 L6 S89'07'25"E 32.21 y
1 H
23 24 L7 S 13'36'35"W 10.02
L8 S00'52'35"W 108.78 LEGEND
L9 S89'07'25"E 19,97
o CALCULATED POINT
W
L10 S00'41'25"W 20.00 PARCEL BOUNDARY LINE
N
z ———— —————EASEMENT LINE
a L11 N89'07'25"W 40.03
t" SURVEY TIE L NE
a
3 — — SECTION LINE
m
Rix PROPOSED
E N G I N E E R I N G RIGHT—OF—WAY L'NE
LM 5725 NORTH DISCOVERY WAY G p
axc HONE,209)63DAHO 3713
-693 Exhibit B
PHONE(206}639-6939
kmengllp.com
City of Meridian Sewer and Water Easement
DATE: September,2023
g PROJECT: 21152
SHEET: A parcel of land over a portion of the Northwest 1/4 of the Northwest 1/4 of
a
1 OF 1 Section 24,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho
32.21
s89°07'25"e
IM1.B7
c84'31'S4•c
e�
n89"31'54"w
26.87
3
`n o0
�+ n
(N cc
o O
O
O
_V
V1 �
Fq
O �
G
O
K
14.47
64'11775'c
S
ag
n89°07'25"w
40.03
Title: Date: 09-18-2023
Scale: 1 inch—30 feet File:
Tract 1: 0.087 Acres: 3799 Sq Feet:Closure=s52.2041 w 0.01 Feet: Precision=1148459: Perimeter=413 Feet
001=n00.5235e 110.65 005=n00.5235e 7.98 009=s89.0725e 19.97
002=n89.3154w 26.87 006=s89.0725e 32.21 010=s00.4125w 20.00
003=n00.5235e 20.00 007=sl3.3635w 10.02 011=n89.0725w 40.03
004=s89.3154c 16.87 008=s00.5235w 108.78
V IDIAN�
AGENDA ITEM
ITEM TOPIC: Sessions Parkway Subdivision Sanitary Sewer and Water Main Easement
(ESMT-2023-0131)
ADA COUNTY RECORDER Trent Tripple 2023-056725
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/04/2023 09:14 AM
CITY OF MERIDIAN, IDAHO NO FEE
�'Praiect Name(Subdivision):
Sessions Parkway Subdivision
Sanitary Seger&Rater Alain Easement Numbers
1
Identify this Easement by sequential number if Project contains
q mom than one easement ofthis type.
(See Ins"etions for additional information).
EMT-2023-0131
SANITARY S NVER AND «WATER MAIN EASEMENT
THIS Easement Agreement, made this 3rd day of October 2023 between
GFI Meridian Investments LLC ("Grantor")and the City of Meridian,an Idaho Municipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across
the premises and"property hereinafter;particularly bounded and described;and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to
time by the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer
and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A,and,B)
The easement hereby "granted is for the purpose of construction and operation of sanitary
sewer and water mains ;and their allied - facilities, together with their maintenance, repair
and replacement at the convenience of the Grantee, with the free right of access to;such 'facilities at
any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that-after
making repairs or performing:other maintenance, "Grantee shall restore the area of the easement and
adjacent property to that existent prior to undertaking such repairs and maintenance. °However,
Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
Sanitary Sewer and Water Main Easement Page I Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be
placed any permanent structures or obstructions within the easement area that would
interfere with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures,carports,sheds,fences,trees,or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
public street, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized
and possessed of the aforementioned and described tract of land, and that Grantor has a
good and lawful right to convey said easement, and that Grantor will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: GR-Meridian Investments,LLC
STATE OF IB,)
CAI_P +4 ss
County of)l'a )
tjAv x 5
This record was acknowledged before me on I15 2 (date) by
6 AsG Ef_— (name of individual), [complete the following if signing in a
representative capacit', or strike the following if signing in an individual capacity] on
behalf of eft-r',4cr�,;r;� T�v:-;wcy, are of entity on behalf of whom record was
executed), in the following representative capacity: H,.P f2 ,t r (type of
authority such as officer or trustee)
(stamp)
°"'•, DAN SAODLEY Notary Signature
NOTARYPUBLIC•STATE OF UTAH My Commission Expires:
COMMISSION NO. 718317
... COMM. EXP. 5-24-2025
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison,Mayor 10-3-2023
Attest by Chris Johnson, City Clerk 10-3-2023
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk,respectively.
Notary Signature
My Commission Expires: 3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
km
E N G I N E E P. I N G
September 13,2023
Project No_23-021
City of Meridian Sewer and Water Easement
Legal Description
Exhibft A
A parcel of land for a City of Meridian Sewer and Water Easement situated in a portion of the Southwest 1/4
of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian,City of Meridian,Ada
County, Idaho and being more particularly described as follows:
Commencing at a found brass cap marking the Northwest comer of said Section 4,which bears N00°36'00"E a
distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4,thence
following the westerly line of said Northwest 1/4,S00°36'00"W a distance of 1,384.57 feet;
Thence leaving said westerly line,S89°24'00"E a distance of70.00 feet to the Southwest comerof Southeast
Corner Marketplace Subdivision No.1(Book 101 of Plats,Pages 13253-13255);
Thence following the southerly boundary of said Southeast Corner Marketplace Subdivision No.1,
S89'51'36"E a distance of 227.49 feet to the POINT OF BEGINNING.
Thence following said southerly subdivision boundary,S89.51'36"E a distance of 20.00 feet;
Thence leaving said southerly subdivision boundary,S00°00'00"E a distance of 13.36 feet;
Thence S89°51'36"E a distance of 231.84 feet to the westerly boundary of a parcel of land as described in
Quitclaim Deed per Instrument No.2020-083833;
Thence following said westerly Quitclaim Deed boundary,S00.37'57"W a distance of 30.00 feet;
Thence leaving said westerly quitclaim Deed boundary,N89°51'36"W a distance of 33.73 feet;
Thence S00.00'00"E a distance of 13.86 feet;
Thence N90.00'00"W a distance of 20.00 feet;
Thence N00'00'00"E a distance of 13.91 feet;
Thence N89°51'36"W a distance of 167.78 feet;
Thence S00°00'00"E a distance of 94.08 feet;
Thence N90°00'00"E a distance of 23.30 feet;
Thence S00°00'00"E a distance of 20.00 feet;
Thence N90°00'00"W a distance of 23.30 feet;
Thence S00°00'00"E a distance of 61.95 feet;
Thence N90.00'00"E a distance of 23.30 feet;
Thence S00'00'00"E a distance of 20.00 feet;
Thence N90'00'00"W a distance of 23.30 feet;
Thence S00'00'00"E a distance of 33.80 feet;
Thence N90°00'00"E a distance of 11.38 feet;
Thence S00`00'00"E a distance of 20.00 feet;
Thence N90.00'00"W a distance of 11.38 feet;
Thence S00.00'00"E a distance of 30.56 feet;
Thence N90.00'00"E a distance of 11.38 feet;
Thence S00°00'00"E a distance of 20.97 feet;
Thence N90'00'00"E a distance of 11.92 feet;
Thence S00°00'00"E a distance of 20.00 feet;
Thence N90"00'00"W a distance of 23.30 feet;
5725 North Discovery Way • Boise, Idaho 93713 •208.639.6939• kmenglip.com
Thence S00°00'00"E a distance of 72.45 feet to the northerly line of an existing Sewer and Water Easement
per Instrument No.10404-8418;
Thence following said northerly easement line the following two(2)courses:
1. N75'57'12"W a distance of 21.73 feet;
2. N62°08'43"W a distance of 17.18 feet;
Thence leaving said northerly easement line, 18.94 feet along the arc of a curve to the left,said curve having a
radius of 27.50 feet,a delta angle of 39`27'34",a chord bearing of N19`43'47"E,and a chord distance of 18.57
feet;
Thence N00°00'00"E a distance of 76.65 feet;
Thence N90°00'00"W a distance of 15.42 feet;
Thence N00°00'00"E a distance of 20.00 feet;
Thence N90`00'00"E a distance of 15.42 feet;
Thence N00'00'00"E a distance of 13.24 feet;
Thence N90"00'00"W a distance of 18.40 feet;
Thence N00'00'00"E a distance of 20.00 feet;
Thence N90°00'00"Ea distance of 18.40feet;
Thence N00'00'00"E a distance of 112.07 feet;
Thence N90'00'00"W a distance of 15.42 feet;
Thence N00'00'00"E a distance of 30.00 feet;
Thence N90"00'00"E a distance of 15.42 feet;
Thence N00'00'00"E a distance of 134.51 feet to the POINT OF BEGINNING.
Said parcel contains 0.524 acres(22,835 square feet),more or less,and is subject to all existing easements
and/or rights-of-way of record or implied.
All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
Attached hereto is Exhibit B and by this reference is made a part hereof.
NpL LA/vDs
y,rENSf� G e-
� � o
a z
Elf OF
<< HYNS�
9/13/202�
PAGE 12
32 33 E. Ustick Rd.
5 q 1384.57' Southeast Corner Marketplace Subdivision No. 1
z a�r
t � S89'S1'36"E
z
0 227.49' e S00'00'00"E 13.36'
w to�, � 1 S89'51'36"E 231.84' 3
z w I POINT OF BEGINNING I -----o#�
M M j N89'51'36"W 33.73' 0I r,
�89
'24'00"E S89'51'36"E o r7
p w SOO-00-00"E 13.86' 10
U z z 70.00' (TIE) 20.00' I _ _ _ N
w o 0 1 1. N89'51'36"W 167.73 r N00'00'00"E��1
N00'00'00"E 134.51'�`j CO ro o 13 91'
z In I 1 rn N90'00'00"W 20.00'� m
ro
o 03
= I j wo CURVE TABLE
00
z I I CURVE RADIUS LENGTH I DELTA CHORD BRG CHORD
IO N90'00'00"E� j 1 o C1 27.50' 16.94' 39'27'34" N1543'47"E N 18.57' O
I
l 15.42' 1 I� N90'00'00"E 23.30' o
-� z
S00'00'00"E
N N NOo'00'00"E� -20.00' `
30.00' �-4 I
�
CLC
�' wN90'00'00-W a
fD 01 I I
Uj
oI - 10 23.30'
Z o i N9900'00"W 15.42' I l 0
a
I
o I cD 1 o N90'00'00"E E
Z I 30'-1 I N�23.30' u
SOO'00'00"E 20.00'
N00'00'00"E 112.07'- F�
¢-"7*L
N90'00'00'lV 23.30' +
c I f---S00'00'00-E 33.80'
o cn o N0O'00'00"E 18.40' 1 1 --N90'00'00"E 11.38'
.. � a.
d d N00'00'00"E 20.00' � I- -SO0'00'00"E 20.00'
O-Z I N90'00'00"W 18.40
0 0 O
� � I N90'00'00"W 11.38'
c 00 W w NOo'00'00"E 13.24'-'
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PHONE(2OB)rIB"939 Exhibit B
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City of Meridian Sewer and Water Easement
DATE: Septe mber2O23
c ■ PROJECT: 23-01
SHEET: A portion of the SW 1/4 of the NW 1/4 of Section 4,
1 OF 1 T3N., R1E., B.M., City of Meridian, Ada County, Idaho
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Title: Date: 09-13-2023
Scale: 1 inch=80 feet File:
Tract 1: 0.524 Acres: 22835 5q Feet:Closure=s23.0742e 0.01 Feet: Precision=l/214190: Perimeter=1664 Feet
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003=s89.5136e 231.84 018=s00.0000e 33.80 033=00.0000w 15.42
004=s00.3757w 30.00 019=n90.0000e 11.38 034=n00.0000e 20.00
005=n89.5136w 33.73 020=s00.0000e 20.00 035=n90.0000e15.42
006=s00.0000e 13.86 021=n90.0000u'11.38 036=nOO.0000e 13.24
007=n90.0000w 20.00 022=s00.0000e30.56 037=n90.0000w 18.40
008=n00.0000e13.91 023=n90.0000e11.38 038=n00.0000e 20.00
009=n89.5136w 167.78 024=s00.0000e 20.97 039=n90.0000e18.40
010=s00.0000e 94.08 025=n9O.0000e11.92 040=n00.0000e112.07
011=00.0000e 23.30 026=00.0000e 20.00 041=00.0000w 15.42
012=s00.0000e 20.00 027=n90.0000w 23.30 042=n00.0000e 30.00
013=n90.0000w 23.30 028=s00.0000e 72.45 043=00.0000e 15.42
014=s00.0000e 61.95 029=n75.5712w 21.73 044=n00.0000e 134.51
015=90.0000e 23.30 030=n62.0843w 17.18
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Wienerschnitzel Water Main Easement No. 1 (ESMT-2023-0119)
ADA COUNTY RECORDER Trent Tripple 2023-056726
Project Name (Subdivision : BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/04/2023 09:15 AM
-W-1en Bchnitze CITY OF MERIDIAN, IDAHO NO FEE
Water Main Easgmgnt Number;
Identify this Easement by sequential number if Project contains
more than one Water Main easement.
(Sec,Instructions for additional information).
ESMT-2023-0119
WATER
THIS Easement Agreement, made this 3rd day of October , 20-23 between Paul Del Bufalo
("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-of-way for an easement for the operation and maintenance of water
mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and )
The easement hereby granted is for the purpose of construction and operation of water mains
and their allied facilities, together with their maintenance, repair and replacement at the
convenience of the Grantee, with the free right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that
after making repairs or performing other maintenance, Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTOR covenants and agrees that Grantor shall nol place or allow to be placed any
permanent structures or obstructions within the easem„rft area that would interfere with
Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,
carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
Wafter Main Easement Page I Version 04/17/2023
public street, then, to such extent, such right-of-way and easement hereby granted which lies
within such boundary thereof or which is a part thereof, shall cease and become null and void
and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed of the aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,
assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed
their signatures the day and year first herein above written.
GRANTOR:
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on IV AA ?, (date) by ,•
(name of individual), [complete the following if sagn ng to a representative apaccty, or strike
the following if signing in an individual capacity] on behalf of ( ru, , Z""OrL! �i v�riS
(name of entity on behalf of whom record was executed), in the f flowing epresen ative J
capacity: owner (type of authority such as officer or trustee)
(stamp)
`� Notary Signature
?,osio Vied ®��
Pslon My Commission Expires: 0
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Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-3-2023
Attest by Chris Johnson, City Clerk 10-3-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
km
E N G € N EER ING
August 17,2023
Project No.22-127
City of Meridian Water Easement
Legal Description
Exhibit A
A parcel of land for a City of Meridian Water Easement situated in a portion of Lot 2, Block 1 of Fluid Estates
Subdivision (Book 123 of Plats, Pages 19494-19497),situated in the Northwest 1/4 of the Northwest 1/4 of
Section 35,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho and being
more particularly described as follows:
Commencing at a found 1/2-inch rebar marking the Northeast corner of said Lot 2,which bears S88°58'19"E a
distance of 236.96 feet from a found 1/2-inch rebar marking the Northwest corner of said Lot 2,thence
following the northerly line of said Lot 2, N88°58'19"W a distance of 29.50 feet to a found 1/2-inch rebar;
Thence leaving said northerly line,S01'01'50"W a distance of 19.98 feet to the POINT OF BEGINNING.
Thence S01°01'50"W a distance of 20.00 feet;
Thence N88°58'10"W a distance of 50.50 feet;
Thence N01°01'50"E a distance of 20.00 feet;
Thence S88°58'10"E a distance of 50.50 feet to the POINT OF BEGINNING.
Said parcel contains 1,010 square feet, more or less,and is subject to all existing easements and/or rights-of-
way of record or implied.
All subdivisions,deeds, records of surveys, and other instruments of record referenced herein are recorded
documents of the county in which these described lands are situated.
Attached hereto is Exhibit B and by this reference is made a part hereof.
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A x 17-1 A portion of Lot 2, Block 1 of Fluid Estates Subdivision,situated in the NW 1/4 of the NW 1/4
n Z g of Section 35,T.4N., RAW., Boise Meridian,City of Meridian,Ada County, Idaho
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Title: Date: 08-17-2023
Scale: 1 inch= 10 feet File: Deed Plotter.des
Tract 1: 0.023 Acres: 1010 Sq Feet: Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter 141 Feet
001=s01.0150w 20.00 003=n0i.0150e 20.00
002=n88.5810w 50.50 004=s88.5810c 50.50
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Final Plat Modification for Poiema Subdivision by Clint Hansen, Land
Solutions, located at 3727 E. Lake Hazel Rd.
STAFF REPORT E COMMUNITY
N --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING 10/3/2023
DATE: Legend - -
Elp"j"t Location
TO: Mayor&City Council
FROM: Linda Ritter,Associate Planner r
208-884-5533
SUBJECT: Poiema Subdivision
MFP-2023-0002
LOCATION: The site is located at 3727 E. Lake Hazel
Road,in the NE %4 of the NW 1/4 of
Section 4,Township 2N.,Range 1E. -------
I. PROJECT DESCRIPTION
Modification to the final plat to correct the interior lot public utility, drainage and irrigation(PUDI)
easement from 5 feet to 3 feet as allowed by UDC 11-2A-7 for medium high-density residential
district(R-15).No other changes are being proposed or approved.
II. APPLICANT INFORMATION
A. Applicant:
Clint Hansen,Land Solutions—231 E. 5" Street, Ste. A, Meridian,ID 83642
B. Owner:
Dave Evans,Evans Development, LLC—7761 W. Riverside Drive,Boise,ID 83705
C. Representative:
Same as applicant
III. STAFF ANALYSIS
The final plat(FP-2021-0034) for Poiema Subdivision was approved by City Council on August 10,
2021 and has been recorded. The Applicant proposes to amend the interior lot PUDI easement from 5
feet to 3 feet to align with the interior side yard setbacks set forth in UDC 11-2A-7 for medium-high
density residential district(R-15). The purpose of this modification is to correct the easement width
from 5 feet to 3 feet designated by note#2 on the final plat. The applicant has received design review
approval to construct single-family attached homes on these lots and at the time of building permit
approval it was discovered that the plat was recorded with a 5-foot PUDI easement rather than the 3-
foot wide easement. This error has caused a delay in the construction of the homes.
Page 1
In discussions with the County Surveyor's office,the applicant was informed that they needed to file
an amended plat to correct the surveyor's error. In order for the applicant to record an amended plat,
the City must approve the subject final plat modification. Since this plat is consistent with the
previous approval and the R-15 zone allows 3-foot side yard setbacks, staff believes the reduced
PUDI easement is warranted and recommends approval of the plat note#2 as proposed by the
applicant.
IV. DECISION
A. Staff:
Staff recommends approval of the proposed final plat modification based on the analysis above in
Section III.
V. EXHIBITS
A. Approved Final Plat
POIEMA SUBDIVISION BOOK r tr ,PAGE le.ta
LOCATED IN THE NE 114 OF THE NW 1A OF SECTION 4,TOWNSHIP 2 NORTH,RANGE 1 EAST,B.M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO LEGEND
2023
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Page 2
B. Amended Final Plat with Revised PUDI Easement
POIEMA SUBDIVISION-AMENDED BOOK ,PAGE
LOCATED IN THE NE 114 OF THE NW 114 OF SECTION 4,TOWNSHIP 2 NORTH,RANGE 1 EAST,B.M.
CITY OF MERIDIAN,ADA COUNTY,IDAHO LEGEND
2023
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Page 3
VI. CITY/AGENCY COMMENTS
A. Boise Project Board of Control
https://weblink.meridianciiy.org/WebLink/DocView.aspx?id=232675&dbid=0&repo=MeridianCi
ty
B. Central District Health(CDH)
ligps://weblink.meridianci , .org/WebLink/DocView.aspx?id=252672&dbid=0&repo=MeridianCi
ty
C. Idaho Department of Environmental Quality(IDEQ)
https://weblink.meridianci , .org[WebLink/DocView.aspx?id=232711&dbid=0&repo=MeridianCi
iy
Page 4
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Annual Renewal of Restated and Amended Joint Powers Agreement
between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the
City of Meridian, Kuna Rural Fire District, Eagle Fire District, Star Fire Protection District, and
Middleton Rural Fire District
* Fiscal Year 2024 Joint Powers Agreement redline
* Restated and Amended Joint Powers Agreement
* Fiscal Year 2023 Restated and Amended JPA Clean Document
* JPA Statement of purpose for amendments FY24
* 2024 EMS JPA Renewal Letter
Mayor Robert E. Simison
E IDIANCity Council Members:
Treg Bernt Brad Hoagiun
Joe Borton Jessica Perreault
Luke Cavener Liz Strader
October 4, 2023
Stacy Winn
Office Administrator
Ada County Paramedics
370 N. Benjamin Ln.
Boise, ID 83704
RE: Notice of City of Meridian's Annual Renewal of Restated and Amended Joint Powers
Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in
Ada County(EMS JPA)
Dear Ms. Winn
At its regular meeting on October 3, 2023, the Meridian City Council voted to renew the City of
Meridian's participation in the EMS JPA through September 30, 2024.
Pursuant to Section 3.2 of the EMS JPA, a Party may renew its participation in the JPA by
providing written notice to all other Parties. I am writing to you in your capacity as Secretary and
requesting that you distribute this notice to all Parties of the Agreement.
Thank you for your assistance in this matter.
Sincerely,
Robert E. Simison
Mayor
cc: T Teridian City Clerk
'aidy Ross, Meridian Fire Department
Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-489-0529 . www.meridiancity.org
Redline
RESTATED AND AMENDED
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Establishing the Ada County-City EMS System ("ACCESS")
This Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative
Provision of Emergency Medical Services in Ada County (the "Agreement") is entered into by
and between Ada County,the Ada County Emergency Medical Services District,the City of Boise,
the City of Meridian, Kuna Rural Fire District, Eagle Fire District, StarJoint-Fire Protection
District, and Middleton Rural Fire District and is effective as of the last date of execution of this
Agreement.
RECITALS; PURPOSES; AUTHORITY
Purpose.The Purpose of this Agreement is to establish the Ada County-City EMS System
(the "System") and Joint Powers Board appointed by the respective Parties authorized to operate
and manage the joint, coordinated, and unified provision and maintenance of pre-hospital,
emergency and non-emergency medical services, including medical transport, rescue, and
extrication services, within all county, city, emergency medical services district, and fire district
jurisdictions within the System Area in order to provide certainty,consistency and economy in the
management and delivery of EMS services.
1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may
enter into agreements with one another for joint or cooperative action which includes, but is not
limited to,joint use,ownership,and/or operation agreements and interagency contracts for service,
activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement
enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code.
2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to
enter into intra-agency and mutual aid agreements.
3. The Ada County Board of Commissioners, in its capacity as the governing board
of the Ada County Emergency Medical Services District("ACEMS District")pursuant to Chapter
39, Title 31, Idaho Code, provides emergency medical services in Ada County. All Parties to this
Agreement are licensed as a single EMS entity with various levels of EMS licenses issued by the
state of Idaho, known as "Ada County-City EMS System" ("ACCESS").
4. All Parties to this Agreement shall be responsible for maintaining the ACCESS
license, to the extent it remains in the Parties' best interest to do so.
5. The governing boards of the Parties have determined that it is in the best interests
of each Party and their taxpayers and for the persons residing and found within their respective
boundaries, to create the System. Now, for and in consideration of the mutual covenants and
promises herein set forth, and for other good and valuable consideration hereby acknowledged by
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 1
the Parties to this Agreement as having been received, the Parties hereby mutually promise,
covenant and agree as follows:
AGREEMENT
ARTICLE I
DEFINITIONS
When used herein, the following words shall have the attendant meaning:
1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party
to this Agreement.
1.2 "Ada County-City EMS System" means the Ada County-City EMS System as herein
created and may sometimes be referred to as the "System" or"ACCESS."
1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel,
authorized to provide service in the System, used for, or intended to be used for, the
transportation of sick or injured persons who may need medical attention during transport.
This may include dual or multipurpose vehicles.
1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the
intent to provide personnel and equipment for medical treatment at an emergency scene,
during transportation or during transfer of persons experiencing physiological or
psychological illness or injury who may need medical attention during transport.
1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement,
term or condition of this Agreement.
1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a
perceived individual need for immediate care in order to prevent loss of life or aggravation
of physiological or psychological illness or injury.
1.7 "Joint Powers Board" means the System Joint Powers Board, ("Board"), formed pursuant
to this Agreement, which is authorized to administer this Agreement on behalf of the
Parties.
1.8 "Parties"means Ada County, the cities and districts that have executed this Agreement.
1.9.1 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this
Agreement whose boundaries include area only within Ada County, state of Idaho.
1.9.2 "Non-Inclusive Area Party Agencies" means Public Agencies that are Parties to
this Agreement whose boundaries include area within Ada County and within
Canyon County, or any other neighboring county to Ada County, state of Idaho.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 2
1.10 "Non-transport Service" means an agency with associated apparatus and personnel
licensed to operate within the System, operated with the intent to provide personnel or
equipment for medical stabilization at an emergency scene, but not intended to be the
service that will actually transport sick or injured persons.
1.11 "Public Agency" means any city or political subdivision of this state, including, but not
limited to emergency medical service districts; fire districts; cities; and any other
government subdivision of the state of Idaho, including any agency of the state of Idaho
holding a current EMS license and providing EMS within or contiguous to the boundaries
of Ada County.
1.12 "System Area"means all the geographic area within the boundaries of the "Inclusive Area
Party Agencies"and those designated areas for inclusion within the System which are also
within the boundaries of the "Non-Inclusive Area Party Agencies."
1.13.1 The "System Area" may be modified, upon consent of all Parties, to include
area within an adjoining county;
1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude
area within Ada County upon the condition the area excluded will then be
subject to a like "System" in an adjoining County.
1.14 "Fiscal Year"means the period of time commencing October 1 and ending on September
30 of the following year.
ARTICLE II
THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM)
2.1 Establishment of the System. There is hereby established the ACCESS System. The
System shall be created for the express purpose of providing for joint management,
provision, operation, and maintenance of pre-hospital emergency and non-emergency
medical services, including medical transport, rescue, and extrication services, within the
System Area. The System shall exist as a joint exercise of the authority to provide EMS
services by all the Parties to this Agreement, and shall be administered by a Joint Powers
Board as provided in Article IV of this Agreement. The System, through the Joint Powers
Board, Administrative Committee, and the Medical Directorate, shall establish standards
and provide for the coordinated management, provision and maintenance of pre-hospital,
emergency, and non-emergency medical services, including medical transport,rescue, and
extrication services, within the System Area.
2.2 Scope of Services and Operation. The System shall coordinate the management,
provision, operation and maintenance of pre-hospital, emergency, and non-emergency
medical services, including medical transport, rescue, and extrication services within the
System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services
of the System within the System Area. By this Agreement, the Parties agree to
cooperatively exercise their respective powers within the System Area in a manner
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 3
consistent with this Agreement.
ARTICLE III
PARTIES, DURATION,AMENDMENT,WITHDRAWAL AND TERMINATION
3.1 Parties to this Agreement.The Parties to this Agreement are Ada County,the Ada County
Emergency Medical Services District,the City of Boise, the City of Meridian, Kuna Rural
Fire District, Eagle Fire District, Star Jein�--Fire Protection District, and Middleton
Rural Fire District. The City of Boise represents the interests of North Ada County Fire
and Rescue,which withdrew as a Party, effective March 5,2018,pursuant to Article 3.4.1.
For all purposes under this Agreement, the City of Boise and North Ada County Fire and
Rescue constitute one(1)Party. Each Party intends to and does by this Agreement contract
with each other Party and any other Agencies as may later be added. Additional Parties
may be added by resolution of the Board and amendment of this Agreement. Each Party
agrees that the removal of any Party from this Agreement does not affect this Agreement
with respect to each remaining Party.
3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its
Execution Date through September 30, 2023. Thereafter this Agreement may be renewed
for successive one(1)year terms. Renewal terms shall be effective from October 1 through
September 30 of each successive calendar year. A Party may renew this Agreement by
providing written notice to all other Parties.
3.3 Amendment. This Agreement may be amended only in accordance with the provisions of
Article XI.
3.4 Withdrawal.
3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more
of the following circumstances:
3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to
carry out its obligations under this Agreement;
3.4.1.2 A court has determined that it is unlawful for the Party to continue to
perform under or be Party to this Agreement;
3.4.1.3 A material breach of any term of this Agreement has occurred; or
3.4.1.4 Two or more Parties, after signing, consolidate services and wish to
combine their representation under this Agreement as part of said
consolidation.
3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days
before the effective date of withdrawal. However, a withdrawal shall not be
effective if the condition or conditions giving rise to the withdrawal are cured to
the reasonable satisfaction of the withdrawing Party within sixty (60) days after
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the date of notice of withdrawal is provided.
3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees,
as a special consideration to each other Parry, that in the event they withdraw from
this Agreement, either by voluntarily withdrawing or for cause by default,that they
will cease to provide EMS services in the System Area for the remainder of the
Agreement term and shall either forfeit or modify their EMS license to the
Department of Health and Welfare Bureau of EMS as that license authorizes EMS
services in the System Area by that Party. In the event a withdrawing Party fails to
cease to provide EMS services in the System Area, the remaining Parties may seek
specific performance of this provision of the Agreement and may also seek
temporary and permanent injunctive relief in an action for specific performance
filed in a court of competent jurisdiction.
3.5 Complaints. The authority to investigate a complaint against a Party may be conducted
by the Administrative Committee or by the Board, when involving cause for termination.
Member/s of the Party or Parties who are the subject of the complaint cannot vote on
motions to proceed with the investigation or matters related to the conduct or financing of
the investigation. Each Party shall cooperate with any investigation of complaints
regarding performance of services governed under this Agreement.
3.5.1 Complaints involving personnel of a Party are to be treated as described in Section
8.5.3 of this Agreement.
3.6 Party Termination.
3.6.1 For Cause.A Party may be terminated from this Agreement by action of the Board
for cause in the event they are in default of this Agreement. Prior to termination of
a Party the Board shall conduct a hearing to determine if there is a default of this
Agreement that has not been cured by the defaulting Party. The following
procedures shall be met:
3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days
written notice of a hearing to show cause.
3.6.1.2 The notice shall specify the reasons for the default and the intention to
terminate the Party as a Party to this Agreement.
3.6.1.3 In the event the default is cured within the fourteen(14)days and before
the commencement of the scheduled hearing before the Board, the
Board shall so note on the record of the proceedings and the hearing
shall then be concluded.
3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion
of their deliberation, issue findings of fact and conclusions of law and
order of decision within thirty(30) days of the date of the hearing.
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3.6.1.5 A Board member representing a Party that the Board is considering
terminating shall recuse himself/herself from voting on the termination
and all proceedings involved in the matter of termination.
3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to
this subsection shall not constitute a termination of the entire Agreement, and the
remaining Parties shall continue to perform under this Agreement for the
remainder of the contract term.
3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Parry agrees,
as a special consideration to each other Party, that in the event they are terminated
from this Agreement,either by voluntarily withdrawing or for cause by default,that
they will cease to provide EMS services in the System Area for the remainder of
the Agreement term and shall either forfeit or modify their EMS license to the Idaho
Department of Health and Welfare EMS Bureau as that license authorizes the
provision of EMS services in the System Area by that Parry. In the event a
terminated Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
ARTICLE IV
ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM
JOINT POWERS BOARD
4.1 Establishment of the Joint Powers Board; Membership; Officers.
4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board
of the System. The Joint Powers Board shall serve as the governing board of the
System and operate the System on behalf of the Parties.
4.1.2 Joint Powers Board Membership. The System shall be governed by the Board
whose membership shall consist of one(1) elected official representing each Parry,
and a total of two (2) elected officials of the ACEMS District/Ada County Board of
Commissioners.
4.1.2.1 Each Parry shall also designate an alternate elected official to serve in
the absence of their designated Board member.
4.1.2.2 Each Parry's appointee shall be given the authority to vote on all matters
before the Board with the exception of financial decisions requiring the
appropriation and/or expenditure of funds by the Party.
4.1.3 Officers. Annually, during the first meeting held in a new Fiscal Year, the Joint
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Powers Board shall elect a chairman and a vice chairman whose primary
responsibilities are as follows:
4.1.3.1 The Chairman shall be a member of the Board and shall conduct all
meetings of the Board and execute all contracts and resolutions on
behalf of and as authorized by the Board and any other duties assigned
by the Board; and
4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out
the functions of the Chairman in the absence of the Chairman and,
through his/her delegate, as needed, be responsible for posting agenda
notices and preparation of minutes of the Board and for maintaining the
records of the Board and any other duties assigned by the Board; and
4.1.3.3 These officers shall have no powers or duties except as provided in this
Agreement.
4.2 Powers,Duties and Operations of the Joint Powers Board.
4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to
operate and manage the System. In order to accomplish the Purpose of this
Agreement,the Joint Powers Board shall have,in addition to other powers provided
herein, the authority to adopt procedures for its operation as well as to adopt
standards for the coordinated management, provision, operation and maintenance
of pre-hospital, emergency, and non-emergency medical services, including
medical transport, rescue, and extrication services, within the System Area.
The Board shall have discretionary powers to manage and conduct the business and
affairs of the System. However, the governing board of a Parry shall approve any
action that will financially obligate that Parry. The discretionary powers shall
include,but not be limited to, the following:
4.2.1.1 Receive recommendations from the Administrative Committee and the
Medical Directorate;
4.2.1.2 Approve procedures for the operation,meeting,and other administrative
matters of the Board and the System;
4.2.1.3 Approve the Standard Operating Procedures for the System. However,
any standards approved regarding qualifications for holding a position
shall provide an exemption for any personnel of any Party who at the
effective date of this Agreement holds such a position unless contrary
to law;
4.2.1.4 Adopt medical protocols and other matters related to the Medical
Directorate;
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4.2.1.5 Approve response standards, including policies regarding dispatch
responses;
4.2.1.6 Recommend for approval, as set forth in section 4.4 of this Agreement,
a budget and financial plan as well as subsequent funding, including
joint purchasing of property;
4.2.1.7 Approve the allocation of resources, including stationing of personnel
and vehicles;
4.2.1.8 Adopt a training and education plan for licensed personnel;
4.2.1.9 Approve the deployment plan of EMS equipment;
4.2.1.10 Recommend that the Board acquire, hold, and dispose of real and
personal property jointly owned by and used in the System;
4.2.1.11 Deal with other matters necessary and convenient in furtherance of the
Purpose of this Agreement;
4.2.1.12 Identify matters that require approval of the Parties' governing boards;
4.2.1.13 Comply with the Idaho Open Meetings laws;
4.2.1.14 Operate on a fiscal year from October 1 through September 30; and
4.2.1.15 Adopt, administer and implement EMS standards, protocols and
procedures. If EMS standards,protocols and procedures adopted by the
Board impose higher standards than are required by any state statute or
rule the standards and procedures adopted by the Board shall apply to
the Parties to the extent allowed by law in the System Area.
4.2.2 As required by law, the Board shall report to the Idaho Department of Health and
Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules
which occurred within the System Area.
4.2.3 Resolutions and Board procedures shall be compiled and organized according to
subject and maintained by the Joint Powers Board, which shall provide each Party
with a copy of all resolutions and procedures.
4.2.4 The approval of the governing board of each Party is required for any matter
approved by the Joint Powers Board that includes financial contribution by a Party,
including the purchase of real property and personal property.
4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for
the conduct of their meetings that are consistent with the provisions of this Agreement.
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4.3.1 The Board shall meet regularly to confer and carry out the business of the Board
and the System in the following manner:
4.3.1.1 For all meetings of the Board fifty percent(50%) of the members of the
full Board shall constitute a quorum for the purposes of conducting
business.
4.3.1.2 All motions, resolutions, and actions of approval on any matter by the
Board require a unanimous vote of the Board members present.
4.3.1.1.1 In regard to matters before the Board that only involve a
combined licensure as provided in Article V of this
Agreement, only the Board members of Parties that have
combined their licenses may vote.
4.3.1.3 The Board must provide at least fourteen (14) daysd� advance
written notice to all Parties when considering all matters requiring a
vote of the Board members.
4.3.1.4 Only Board members, or their alternates, shall have voting privileges.
4.3.1.5 In the event a Party's Board member or designated alternate fails to
attend three (3) consecutive meetings or fails to attend more than one-
half of the meetings of the Board within a Fiscal Year,notice of absence
shall be sent to the offending Party which notice shall be withdrawn if
the offending Party's Board member appears at the next regularly
scheduled meeting and shows good cause for the absences and presents
a commitment to regular attendance in the future. In the event the
offending Party does not appear and show good cause then the same
shall constitute a material breach of the terms of this Agreement and
the offending Party will be subject to termination provisions of Section
3.6 of this Agreement and the notice of absence shall stand as a notice
of default.
4.3.2 The Board shall create a written annual report concerning the status of the System,
at a date set in the procedures of the Board, but in no event not less than once per
year. This report shall include all matters the Joint Powers Board determines to be
relevant to the operation of the System, including the Budget(as described in 4.4),
and any matter that may be required by the State EMS Bureau or by state or federal
law.
4.4 Finances. On or before March I of each year,the Board shall propose an ACCESS Budget
(the "Budget") for approval by the ACEMS District Board.
4.4.1 The Budget shall include all vehicle license registration fees designated for and
remitted to the ACEMS District for that fiscal year. The Parties are committed to
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a joint responsibility for the Budget,recognizing that property tax funds contributed
for that fiscal year by the ACEMS District Board,pursuant to Chapter 39, Title 31,
Idaho Code, comprise a significant portion of the Budget. However, the Budget
shall include contribution payments to the System by all Parties to this Agreement,
with a goal of shared resources and efficiencies.
4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount
included in the Budget in Section 4.4.1. Budget expenditures shall be developed in
accordance with the statutory purposes for the vehicle license registration fees,
designated for the provision of EMS services within the ACEMS District, and the
property tax funds contributed for that fiscal year by the ACEMS District Board,
pursuant to Chapter 39, Title 31, Idaho Code, as well as direction from the Board.
4.4.3 A division for the System shall be established within the ACEMS District Budget,
which shall include income line items and expenditure line items as allocated by
the ACEMS District Board. The income line items shall include, if applicable: (1)
vehicle license registration fees as described in Section 4.4.1 above; (2)
contribution payments from the Parties; and(3) tax funds being contributed by the
ACEMS District for System expenditures as described in Section 4.4.1 above. The
expenditure line items shall include, if applicable: (1)personnel expenses; (2)
capital expenses; and(3) operating expenses.
4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS
District, then on or before March 1, the Board shall submit the Budget to each
Party's governing board for consideration of an appropriation of any contribution
payment by that Party.
4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the
Budget as proposed by the Board.
4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval,
then the Parties shall set their own budgets.
4.4.7 Capital investments requiring additional expenditures will be funded through extra
appropriations as proposed by the Board, subject to approval by each Party's
governing board.
4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to
approval of the Parties' governing boards as required by other provisions of this
Agreement,may authorize joint purchasing of any real or personal property consistent with
the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board
shall identify by resolution the plan for distribution and/or ownership of property jointly
owned by the Parties upon the withdrawal or termination of a Party.
4.6 Agreements with other Medical Service Providers. The Board may enter into
agreements with medical service providers other than those that are Parties to this
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Agreement in order to provide for EMS services and/or to provide mutual aid to the System
or any medical service provider. Such agreements may be with public or private agencies
and may incorporate any of the terms and conditions contained herein and any other terms
and conditions the Parties may deem appropriate. Such agreements shall not authorize a
medical service provider to directly compete with any Party to this Agreement for the
provision of EMS services, nor shall such agreement extend any voting rights to any Party
to this Agreement for the provision of EMS service, nor shall such agreement extend any
voting rights to the Party with whom the agreement is made.
ARTICLE V
LICENSURE
0.1 Licensure. The Parties hereby agree to maintain a single combined state-issued EMS
license, in accordance with 5.3 and 5.4 herein.
5.2 Establishment of the Ada County-City EMS System. The Board shall,together with the
Parties' governing boards, comply with Idaho Code §§ 53-501510, "The Assumed
Business Names Act of 1997" to conduct the business of the System under the name and
style of Ada County-City EMS System.
5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their
state-issued EMS licenses and to operate under one EMS license as provided by the laws
of the state of Idaho and regulations of and as authorized by the state of Idaho Department
of Health and Welfare Bureau of EMS.
5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses
will do all things necessary to accomplish the transition of combining their EMS licenses
and to begin and continue operating lawfully under the ACCESS license.
ARTICLE VI
ADMINISTRATIVE COMMITTEE
6.1 Establishment of the System Administrative Committee. There is hereby established an
ACCESS Administrative Committee. The Administrative Committee shall serve to make
recommendations to the Board.
6.1.1 Administrative Committee Membership. Voting members of the Administrative
Committee shall consist of a chief administrative official from each Party. In
addition, non-voting members may be invited to participate including, but not
limited to: a representative from the Ada County Emergency Communications
Center, representatives from hospitals located within the System, representatives
from the Medical Directorate, and other EMS or health care agencies with a shared
interest in emergency medical services. The attendance of three (3) voting
Administrative Committee members shall constitute a quorum for conducting the
business of the Administrative Committee.All actions regarding a recommendation
to the Board shall require a two-thirds (2/3) majority vote of all voting
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Administrative Committee members present. Each Party shall designate an
alternate member who, in the absence of their Administrative Committee member,
shall have-the right to a proxy vote on all matters presented for a vote.
6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person
who is providing EMS Services in the System Area under a current license issued
by the EMS Bureau,either as air medical services, ambulance services, and/or non-
transport services,may apply for membership on the Administrative Committee as
an Ex-officio member with rights to participate in the meetings subject to the rule
of the chairman, without the right to vote and without a right to participate in or
attend any executive session matter or on any agenda item involving personnel or
a claim of default of a Party.
6.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the
Administrative Committee shall appoint a chairman and a vice chairman whose
primary responsibilities are as follows:
6.1.3.1 The Chairman shall be a member of the Administrative Committee
and shall conduct all meetings of the Administrative Committee,and
shall act as the spokesperson for the Administrative Committee
when presenting to the Board.
6.1.3.2 The Vice Chairman shall be a member of the Administrative
Committee and shall carry out the functions of the Chairman in the
absence of the Chairman and, through his/her delegate, as needed,
be responsible for posting agenda notices and preparation of minutes
of the Administrative Committee.The agenda for each meeting shall
be sent to the members fourteen (14) days before the meeting date.
The Vice Chairman shall also perform any other duties assigned by
the Administrative Committee.
6.1.3.3 These officers shall have no powers or duties except as provided in
this Agreement or conferred by the Board.
6.2. Purpose.The purpose of the Administrative Committee is to provide operational expertise
as outlined in the Administrative Committee procedures and to make recommendations to
the Board. The Administrative Committee will meet at least bi-monthly, but may meet
more often depending on need.
6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not
limited to, the following:
6.3.1 Development, maintenance, and annual review of the ACCESS Operation and
Finance Plan to include, but not limited to: System deployment plan, System
staffing levels and licensure levels, current and future funding needs, capital
improvement plan, determination of System performance levels, assuring a quality
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management program, development of a System training and education plan, and
other functions not specifically identified but intended to meet the requirements for
the safe and efficient operation of the EMS System.
6.3.1.1 Review and update annually any change in System configuration.
6.3.1.2 Prepare, in accordance with the provisions of this subsection, any
reports, Standard Operating Procedures, Quality Improvement Plan,
Quality Assurance Plan or budget recommendation to submit to the
Board for approval prior to publication and implementation.
6.3.1.3 Provide for the coordination, planning, and provision of transport and
non-transport EMS services between the Parties, which may include air
medical service within the System Area. Ensure that EMS services are
rendered in a timely and cost effective manner, at an optimal level of
care. The Administrative Committee shall consider the current EMS
standards, existing EMS service capabilities, trends, desired goals, and
future EMS service capabilities for each planning component with due
consideration of the limited funds available to provide such services.
6.3.1.4 The Administrative Committee shall consider, along with its
accompanying maps, charts and reports, the following components and
criteria:
6.3.1.4.1 The current emergency medical services system structure
and performance;
6.3.1.4.2 Emergency medical services resources and capability
throughout the System, to include licensees, employees,
contractors, volunteers, and any demonstrated need for
change;
6.3.1.4.3 Population and other pertinent demographics within the
EMS System, including analyses of hospital services and
past, present, and future trends in population and
characteristics such as age,mortality, insurance and revenue
to support EMS within the System Area;
6.3.1.4.4 Other EMS factors, including but not limited to response
time standards, medical standards of care, required staffing,
EMS equipment and facilities standards within the System
Area, EMS System deployment plans, mutual aid
agreements, competency management strategy,
compensation/reimbursement plan, and data collection plan;
6.3.1.4.5 Recommended performance standards that are currently
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recognized under national, state and local standards and
guidelines; and
6.3.1.4.6 Private EMS provider's services and capabilities within the
Service Area.
6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any
Medical Service Providers under contract pursuant to Section 4.6 of this
Agreement.
6.3.3 Receive communications, review and make recommendations to the Board
regarding any ongoing operational and/or planning and/or funding issues in order
to coordinate EMS service and resources, transport and non-transport and air
medical service, within the System Area.
6.3.4 Conduct EMS services informational meetings and consult with public officials and
agencies, the medical community, the public, and civic, educational, professional,
or other organizations.
6.3.5 Other duties as may be assigned by the Board.
ARTICLE VII
SYSTEM MEDICAL DIRECTORATE
7.1 Establishment of the System Medical Directorate; Standards and Procedures. There
is hereby established a System Medical Directorate. The Medical Directorate composition
shall be two (2) qualified physicians as recommended by the Administrative Committee
and appointed by the Board. The Medical Directorate members shall appoint a chairman,
who shall set the agenda and preside over the meetings, serve as the spokesman for the
System Medical Directorate, and serve as an ex-officio member of the Administrative
Committee. The Board shall adopt administrative guidelines and procedures concerning
the conduct and the responsibilities of the System Medical Directorate.
7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes
the duties and functions in accordance with the laws of the state of Idaho, the Rules and
Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau,
and any other rules or regulations concerning emergency medical services.
7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical
Directorate shall be binding upon the Parties, unless otherwise specifically noted within
this Agreement.
7.4 Responsibility. The System Medical Directorate shall have and exercise the following
duties:
7.4.1 Be responsible for the clinical management and medical oversight of the Parties'
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EMS services within the System Area and for compliance with the rules and
regulations of the Idaho EMS Physicians' Commission, rules and regulations of
the State of Idaho EMS Bureau and any associated rules and regulations
concerning emergency medical services;
7.4.2 Determine the content of the System's Medical Supervision Plan;
7.4.3 Assess clinical ramifications of field operating procedures;
7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals;
7.4.5 Establish the scope of practice of EMS personnel functioning within the System as
required by the rules of the EMS Physician Commission and/or performance
requirements as set forth by the System; and
7.4.6 Identify opportunities for improving the quality of medical care delivered to
patients in the out of hospital setting within the System Area.
7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call
of the chairman.All meetings shall be conducted and noticed in accordance with the Idaho
Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting
rules adopted by the Board. A majority of the System Medical Directorate shall constitute
a quorum for the transaction of any business, for the performance of any duty, or for the
exercise of any power. Each member of the System Medical Directorate may cast one vote
during decision-making.
ARTICLE VIII
OTHER OBLIGATIONS OF THE PARTIES
8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards
established by the laws of the state of Idaho and associated regulations, as well as any
other applicable federal law and/or regulation.
8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the
authority to cooperatively exercise the powers of each Party in furtherance of the purposes
of this Agreement and the operations of the System to the extent conferred by this
Agreement, and to the extent allowed by governing law.
8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the
resolutions and procedures adopted by the Board within the powers granted to it
by this Agreement.
8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the
purpose of this Agreement, including adoption of any ordinance or resolution
necessary to authorize the Party to perform under this Agreement.
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8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for
comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9,
Idaho Code.
8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection
of fees charged for the services it provides.
8.5 Individual Operation of the Parties; Allocation of Resources According to Standards
Adopted by Board; Furnishing of Equipment. The Board will establish procedures and
standards as well as specific direction for allocation of resources and personnel within the
System as well as other subjects as provided herein. Except as provided by the System by
action of the Board,each Party will provide its own equipment and supplies on its vehicles,
for its personnel,payroll, and its stations. All Parties will retain control over those matters
not related to the System or this Agreement, which may include, but is not limited to:
budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and
other related matters not impairing the operation of the System or functioning of the Board.
8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore
the Board shall have no authority to employ personnel directly.Personnel additions
and reductions are matters entirely under the authority of the Party employing the
personnel. The Board shall not take any action which is intended to terminate the
employment of any employee,who is employed by a Parry on the effective date of
this Agreement.
8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible for
their compliance, in the performance of any services under this Agreement, with
Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42
U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the
American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as
amended by the American with Disabilities Act Amendments of 2008, the
Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination
in Employment Act of 1967, 29 U.S.C. Section 621, et seq.
8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate
complaints referred from the Board,the Administrative Committee,or the Medical
Directorate made by or against the Party's employees concerning matters related
to their performance of services governed under this Agreement. This does not
require a Party to report the results of any investigation. Each Party retains control
of its personal property, personnel records, reports, and other documents for
purposes of resolution or remediation of complaints.
8.6 Medical Supplies. ACEMS District shall purchase all necessary disposable medical
supplies for agencies operating under the ACCESS license. Upon direction from the
Board,the Parties shall endeavor to engage in joint purchasing of medical supplies in order
to realize cost savings.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 16
8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify,
defend, and hold harmless each other Party, their officers, agents, and employees, from
and against all claims, losses, actions, or judgments for damages or injury to persons or
property arising from or connected to the acts and/or activities of it and/or its agents,
employees, or representatives pursuant to and under the terms of this Agreement to the
extent allowed by law.
8.8 Shared Use of ESO Reporting Software. The Parties hereby adopt Appendix A to this
Agreement, for the purpose of establishing terms and conditions of the shared use of ESO
Reporting Software for report writing and records storage and management.
ARTICLE IX
ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY
9.1 Management of Funds and Administrative Support. The ACEMS District shall provide
for the day-to-day management of the System funds as proposed by the Board through the
policies and procedures established by the ACEMS District. The ACEMS District shall
also provide administrative support for the Board.
9.2 Financial Advice. Ada County may make available a financial manager to the System
from time to time in order to monitor the System's financial situation and to consult with
the Board concerning the same. The Board may seek their own financial manager as
needed.
9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use
by the Board, subject to a mutual agreement between the Party and the Board regarding the
legal services to be provided and payment for those services.
9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service
through its ambulance taxing district within the boundaries of the District.
9.5 Medical Supervision. The System Medical Directorate shall consist of a minimum of two
Medical Directors, and shall be provided through Party contributions made part of the
ACCESS Budget process, as provided in section 4.4 herein.
ARTICLE X
NOTICE
10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall
provide said notice to each Party.
10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of
official notices.
10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after
the date of posting with the U.S.Postal Service of notice sent to the Vice Chairman or upon
the day of notice sent by facsimile or e-mail to the Vice Chairman.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 17
10.4. Vice Chairman Notice Duties. The Vice Chairman, or his/her delegate, shall:
10.4.1 Receive from the Party(s) and distribute to all Parties the following_:
10.4.1.2 Notices provided for in this Agreement; and
10.4.1.3 The minutes and all official actions of the Joint Powers Board.
10.4.2 Keep a current registry of the correct legal name and address of all Parties to this
Agreement, each Board member, and each alternate.
10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections
3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in
Article III, Section 3.3 and Article XI herein.
ARTICLE XI
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
11.1 An amendment may be proposed by a Party and/or by the Board.
11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under
this Article XI.
11.3 A proposed amendment must be in writing and must include strikethrough of any language
to be deleted and underline of any new language of the proposed amendment. Any
proposed amendment will be considered an amendment to the entire Agreement and must
be submitted in that fashion.
11.4 A proposed amendment shall contain a Statement of Purpose, which shall include a
statement of how the Parties will be affected by the amendment; the Party to contact for
information; and the amended Agreement text.
11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and
Amended Agreement form for service by the Vice Chairman in the event the proposed
amendment is approved.
11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended
Agreement form shall be served upon the Vice Chairman by the proponent Party or Board,
as the case may be.
11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with this
Article and shall advise the proponent Party in the event it is not.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 18
11.8 If the amendment proposal is in compliance with this Article, the proposed amendment
shall be served and submitted to the Parties to this Agreement by the Vice Chairman.
11.9 All Parties' approval is required for the approval of an amendment to this Agreement.
11.10 Parties must submit their approval,or their disapproval with reasoning,in accordance with
service of notice as provided in this Agreement and within sixty (60) days of the date of
the cover notice from the Vice Chairman.
11.11 The Vice Chairman shall tally the approvals and or disapprovals within a reasonable time,
or in the case of no response, then soon after the sixty (60) day period for response. The
amended Agreement shall be effective after all Parties have duly signed.
11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event the
amendment passes, the Vice Chairman shall also include with notice to the Parties the
Restated and Amended Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed
upon it by law.
12.2 Severability in Case of Partial Invalidity. If any portion of this Agreement is determined
to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement
shall be limited to such portion,and shall not affect any other portions or provisions,which
shall be given the fullest effect permitted by law. In the event that it should ever be
determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or
unenforceable as a matter of law, this Agreement shall be deemed to be null and void,
from its inception,and the Parties hereto shall be relieved of any further performance under
the terms of this Agreement.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho.
12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement
shall not benefit or create any right or cause of action in or on behalf of any person or legal
entity other than the Parties hereto.
12.5 Counterparts and Process to Become a Party. This Agreement will be executed and
delivered in counterparts, one for each Party, and at such time as the governing board of
an agency intent upon joining adopts the necessary resolution authorizing the execution of
the counterpart and a written notice thereof, including a copy of the resolution or other
authorizing act of its governing board is provided to the Secretary, this Agreement shall
then be in full force and effect to such Parties and shall have the force and effect of an
original, and copies of the signature pages of all counterparts shall be provided to all
Parties to this Agreement by the Secretary.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 19
12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the terms
of this Agreement,the prevailing Party shall be entitled to recover from the non-prevailing
Parry its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules
of Civil Procedure.
12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified
only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
By: —
Rod Beck, Commissioner
RSA
Ryan Davidson, Commissioner
Kenye
Thomas Dam, Commissioner Attest:
Phil McCi ane Trent Tripple, Ada County Clerk
CITY OF BOISE:
Attest:
Lauren McLean, Mayor Lynda Lowry, City Clerk
CITY OF MERIDIAN:
Attest:
Robert E. Simison, Mayor Chris Johnson, City Clerk
STAR IRmE PROTECT40 T DiST iCT, Attest:
d-ar- Moyle, Board Gh-ait:maia
EAGLE FIRE PROTECTION DISTRICT: Attest:
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 20
Brad Pike, Commissioner
Brian Simpson, Commissioner
Josh Tanner, Beafd Ghakfn Commissioner Attest:
Clerk
KUNA RURAL FIRE DISTRICT Attest:
Greg McPherson, Beafd GhaiffftanChair
Rebekah Luther, Commissioner
Randall Feaster, Commissioner
Billy Edwards, Commissioner
Scott Burn, Commissioner Attest:
Clerk
STAR FIRE PROTECTION DISTRICT:
Tim Murray, Commissioner
Steve Martin, Commissioner
Jared Moyle, Commissioner Attest:
Clerk
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 21
MIDDLETON RURAL FIRE DISTRICT:
Liz Bolts, Commissioner
Tim O'Meara, Commissioner
Jackie Potter, Commissioner Attest:
Clerk
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 22
APPENDIX A:
SHARED USE OF ESO REPORTING SOFTWARE
This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix A"), is
made pursuant to Article VIII, § 8.8 of the Agreement,by and between the parties to the
Agreement. The parties to this Appendix A may each be referenced separately in this Appendix
as "Party" or collectively as "Parties."
WHEREAS, the Parties have determined that it is in the best interest of their respective
jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and
management;
WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's
functions and information stored therein in order to achieve economy of public resources, better
coordinate public safety and emergency responses, undertake local and regional analyses and
planning efforts, and work cooperatively to fulfill public service and governmental functions;
WHEREAS, the records created and stored in ESO are public records, as that term is
defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records
Act, including the requirements of and exemptions from disclosure enumerated therein;
WHEREAS, to the extent that the information contained in ESO is Protected Health
Information("PHI") as that term is defined in the Health Insurance Portability and
Accountability Act("HIPAA"), 42 U.S.C. §§ 201 et seq., such information is exempt from
public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health
and Human Services, 45 C.F.R. §§ 164.508(a)(1) and(c), and Idaho Code § 74-104(1); and
WHEREAS,under Idaho Conservation League, Inc. v. Idaho State Department of
Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared,
owned, used or retained by a governmental entity remains the record of that entity,
notwithstanding delegation of that agency's custodial duties as to such record, nor the location or
format in which the record is stored;
WHEREAS, where two or more Parties respond to an incident, each responding fire
department or district may prepare an Electronic Health Report("EHR") specific to each patient,
Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both
EHRs into one consolidated EHR; further, each responding fire department or district may
prepare a National Fire Incident Report System Report ("NFIRS Report") specific to that
incident, and ESO will merge both NFIRS into one record;
APPENDIX A:ESO REPORTING SOFTWARE PAGE I
NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A and
in order to meet the objectives described above, the Parties hereby agree as follows:
I. STATEMENT OF PURPOSE(AGREEMENT,ARTICLE XI). This Appendix A is proposed by the
Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the
terms and conditions of the Parties' use of ESO for creating and storing records of individual
and joint responses to medical and fire emergencies; to coordinate a uniform approach and
response to requests for records stored in ESO; to delegate to Ada County Paramedics
("ACP") custodial responsibility for EHRs stored in ESO, which responsibility shall include,
without limitation, responding to requests for such records in accordance with the Idaho
Public Records Act, and records retention and destruction in accordance with the Parties'
respective retention schedules.
II. PUBLIC REco"s REQUESTS
A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas
duces tecum for EHRs stored in ESO.
1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby
delegate to ACP their respective custodial duties, including, without limitation, the duty
to timely respond to a request for such records pursuant to subpoena or Idaho Code
section 74-102; to manage such records; and to protect PHI from improper disclosure
pursuant to HIPAA.
2. Designation of Records Custodians. Each Party shall designate a Records
Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall keep a
current registry of the Parties' respective Records Custodians, to include their names,
addresses, e-mail addresses, and phone numbers.
3. Process. Whenever any Party receives a request for an EHR, the Party receiving such
request shall, by 5:00 p.m. of the first business day on which the request is received,
forward such request to ACP Records Custodian, and shall notify the requestor that the
second Party is the custodian of the record requested, and that the request has been
referred to the second Party for response. ACP shall process and respond to all requests
for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall
observe all requirements of the Idaho Public Records Act, HIPAA, and ACP's Records
Release Policy, Designated Records Set Policy, and HIPAA Policy, copies of which are
attached to this Appendix A as Exhibit A.
4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County
Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal
review related to the preparation of responses to requests for EHR. Each Party to this
Appendix A shall adopt by reference the most current fee schedule established by the
Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall
notify the parties of any and all proposed and final changes to such fees.
APPENDIX A:ESO REPORTING SOFTWARE PAGE 2
5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section
74-115 contesting ACP's decision to release or deny a record stored in ESO pursuant to
the delegation of authority to ACP provided herein, the following provisions shall apply.
a. Record of incident that included ACP. Where the responsive records at issue
are related to an incident to which ACP responded, in whole or in part, Ada County
shall defend such decision in district court and in any and all subsequent appeals.
Ada County shall be responsible for all expenses related to such petition or any ruling
or order related thereto, including attorney fees, costs, penalties, or sanctions. Where
a petitioner joins a parry other than ACP, the joined party shall be responsible for its
own appearance and all expenses related thereto.
b. Record of incident that did not include ACP. Where the responsive records at
issue are related to an incident to which ACP did not respond at all, ACP shall, by
5:00 p.m. of the first business day on which the petition is served, forward such
petition to the agency or agencies that did respond to the incident. The agencies that
did respond to the incident shall move to join the petition and shall stipulate to
dismissal of the petition as to ACP.
B. Requests for NFIRS Reports. The following provisions shall apply to public records
requests and/or subpoenas duces tecum for NFIRS reports stored in ESO.
1. Custodial duties; delegation to co-responders. Pursuant to Idaho Code sections 74-
101(3) and(13), each Party is the sole custodian of all NFIRS Reports that it prepares
and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS
Reports they separately prepare and/or store in ESO are merged into one record,both
parties are co-custodians of the merged record. To the extent that such merged records
contain information prepared by multiple Parties, as to such merged records, the Parties
hereby delegate to each other their respective custodial duties.
2. Response to request for agency's own NFIRS Report. Where a Party receives a
request for a NFIRS report prepared by that Party, and that Party is the only Parry that
prepared the requested NFIRS Report, that Party shall be solely responsible for
responding to the request and for any and all related risks, duties, and litigation related to
the request and/or response.
3. Response to request for another agency's NFIRS Report. When a Party receives a
request for a NFIRS Report prepared by a second Party, and the second Party is the only
Party that prepared the requested NFIRS Report, the Party receiving such request shall,
by 5:00 p.m. of the first business day on which the request is received, forward the
request to the second Party's Records Custodian. The Party that originally received such
request shall notify the requestor that the second Party is the custodian of the record
requested, and that the request has been referred to the second Party for response. The
second Party shall be solely responsible for responding to the request and for any and all
related risks, duties, and litigation related to the request and/or response.
APPENDIX A:ESO REPORTING SOFTWARE PAGE 3
4. Response to request for merged NFIRS Report. When a Party receives a request for
a NFIRS Report that contains information prepared both by that Party and by a second or
additional Party or Parties, and such information is merged into one record by ESO, the
Party receiving such request shall be solely responsible for responding to the request and
for any and all related risks, duties, and litigation. The Party receiving such request need
not notify the additional Party or Parties that such request was received, except that the
Parry receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business
day on which the request is received, notify the Records Custodian of all Parties whose
information is contained in the NFIRS Report where such NFIRS Report refers to or
contains information related to the following circumstances:
a. One or more casualties;
b. A fire investigation;
c. An intentional fire;
d. Hazardous materials;
e. Property loss or costs estimated at$10,000 or more; and/or
f. Other circumstances under which, in the discretion of the Party receiving the
request, consultation between the Parties would promote the safety, welfare, or best
interest of either Party, citizens involved in the incident described in the NFIRS
report, or the public.
("Extraordinary Circumstances.") In the event that a requested NFIRS Report
describes Extraordinary Circumstances, the Parties shall work together to prepare a
response that is acceptable to both Parties. In the event that the Parties cannot come
to consensus prior to the deadline for release of a NFIRS Report describing
Extraordinary Circumstances, the Party that originally received the request shall
consider the input of all other Parties, and shall provide a response to the requestor
that accommodates such input as the Party that originally received the request deems
practicable. In any event, as to NFIRS Reports that do and do not pertain to
Extraordinary Circumstances, the Party that originally received the request shall be
solely responsible for responding to the request and for any and all related risks,
duties, and litigation related to the request and/or response.
5. Principles of response. In order to provide uniform responses to public records
requests, the Parties to this First Addendum hereby agree that:
a. Absent statutory exemption,NFIRS Reports stored in ESO shall be presumed to be
subject to disclosure upon request, including, without limitation: incident reports;
investigative reports and photographs; addresses and phone numbers, including
location and involved persons; and responding crew member names and positions.
APPENDIX A:ESO REPORTING SOFTWARE PAGE 4
b. Prior to disclosing a record which contains both PHI and information subject to
disclosure, the responding agency shall redact all PHI pursuant to Idaho Code section
74-104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R.
§§ 164.502(a) and 164.512(a)(1), promulgated by the United States Department of
Health and Human Services, pursuant to 42 U.S.C. § 264(b),unless disclosure is
appropriate pursuant to ACP's HIPAA Policy, a copy of which is attached hereto as
Exhibit A.
c. It is acknowledged and agreed that information related to "Extraordinary
Circumstances," as enumerated above,may be subject to particular statutory
standards of review and/or redaction.
d. The exemption for law enforcement records set forth in Idaho Code section 74-
124(1) shall not be presumed to apply to NFIRS Reports, unless the report pertains to
a suspected commission of a fire-related crime (arson, false alarm, fireworks,
explosives, malicious injury to property, concealment, etc.) in which case the
responding Party may be acting as a law enforcement officer for purposes of this
exemption.
e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS
Report information requires consultation with legal counsel of the Party responding to
the request.
f. Requested records may contain information that is both exempt and nonexempt
from disclosure. Pursuant to Idaho Code section 74-112, such information must be
separated and disclosed accordingly.
III. RETENTION OF RECORDS IN ESO.
A. Retention of Records. A record stored in ESO shall be retained not less than nineteen
(19)years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and(2)(d)
and 50-907(2)(e), such records shall be classified as "semipermanent"records and destroyed
pursuant to resolution by the Ada County Board of Commissioners, and the corresponding
city council(s) or fire district board of commissioners.
B. Records retention schedule. Each Parry shall incorporate into its records retention
schedule a listing of records stored in ESO, with the following classifications and retention
periods:
Record Classification Retention period
Records containing PHI Semipermanent Nineteen-(I 9 ears
NFIRS incident and Semipermanent Nineteen G 9)years
casually re orts
Investi ative re orts Semipermanent Nineteen 19 ears
Photo ra hs Semi ermanent Nineteen 19
Public records requests Semipermanent Six 6 ears
APPENDIX A:ESO REPORTING SOFTWARE PAGF.5
EXHIBIT A
Ada County Paramedics' Records Release Policy,
Designated Records Set Policy, and HIPAA Policy
APPFNDix A:ESO REPORTING SOFTWARE EXHIBIT A
Ada County Paramedics Policy on Patient Requests for Access to PHI
Approved by Darby Weston(Director)
Approval Date: 1/24/2017 Version: 1
Purpose
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants individuals
the right to access their protected health information("PHI")contained in a designated records set
("DRS"). Ada County Paramedics must afford individuals this right of access in accordance with
federal and state law. To ensure that Ada County Paramedics complies with its obligations, this
policy outlines our procedures for handling requests for patient access and establishes the
procedures by which patients or authorized representatives may request access to PHI.
Departments Affected
103.01.01 Policies &Procedures, Administration, Billing, Compliance
Policy
All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it
shall be the responsibility of the HIPAA Compliance Officer to handle all access requests.
Procedures
1. Requests for Access from the Patient or the Patient's Personal Representative
1.1. Patients and their authorized representatives shall be granted a right of access to obtain a
copy of their PHI contained in a DRS maintained by Ada County Paramedics.
1.2. If a patient or their authorized representative requests a copy of a patient's PHI, the
requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA
Compliance Officer, or designee, shall request that the patient or authorized representative
complete Ada County Paramedics' "Request for Access to Protected Health Information"Form.
1.3. The HIPAA Compliance Office, or designee, must verify the patient's identity, or, if the
requestor is not the patient, the name and identity of the representative and whether the
representative has the authority to act on the patient's behalf. The use of a driver's license, social
security card, or other form of government-issued identification is acceptable for this purpose. If
it is impossible for the requestor to physically come in to make the request and verify this
information, the HIPAA Compliance Officer shall ask the requestor to verify the patient's name,
date of birth,
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
SSN, address, and telephone number over the phone and ask the requestor to submit the
"Request for Access to Protected Health Information Form"via email, mail or fax.
1.4. Upon receipt of the completed"Request for Access to Protected Health Information Form"
and verification of the requestor's identity, the HIPAA Compliance Officer will act upon the
request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to
requests for access to PHI within 30 days of receipt of the access request.
1.5. If Ada County Paramedics is unable to respond to the request within these time frames,the
requestor must be given a written notice no later than the initial due date for a response, explaining
why Ada County Paramedics could not respond within the time frame,and in that case Ada County
Paramedics may extend the response time by an additional 30 days.
2. Requests for Access from the Patient's Attorney
2.1. If Ada County Paramedics receives a request for a patient's PHI from the patient's attorney,
the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the
release of PHI. Generally, the request should be accompanied by a form or letter, signed by the
patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there
is a signed form or letter from the patient authorizing the release of the PHI requested (or some
other valid authorization from the patient), then the HIPAA Compliance Officer may release the
PHI to the attorney in accordance with what the authorization states.
2.2. If the request from the patient's attorney is not accompanied by a signed request form or
letter from the patient(or some other valid patient authorization), the HIPAA Compliance Officer
shall contact the attorney and inform the attorney that Ada County Paramedics will not release the
information without valid authorization from the patient.Ada County Paramedics shall not release
any PHI to the attorney until the patient authorizes the release.
3. Approval of a Request for Access
3.1. Upon approval of access, the patient or authorized representative should generally be
provided a copy of the record in the manner requested on the Form. Ada County Paramedics will
either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient
time for the patient to come into Ada County Paramedics to receive a copy their PHI. Ada County
Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the
patient or authorized representative, provided that the written direction is signed and clearly
identifies the designated party.
3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather,
copies of the records shall be provided for the patient or requestor.
3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient's
account in the Sweet billing software, in the HIPAA-AAR tab. This note indicates the date of the
request, the date access was provided, what specific records were provided.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
4. Denial of a Request for Access
4.1. If the request for access is denied,the HIPAA Compliance Officer shall send the requestor
a "Denial of Request for Access to Protected Health Information Form," outlining the reason for
the denial and explaining the individual's rights regarding the denial.Patient access may be denied
for the reasons listed below:
4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use
in, a civil, criminal or administrative action or proceeding;
4.1.2. If the information the patient requested was obtained from someone other than a healthcare
provider under a promise of confidentiality and the access requested would be reasonably likely
to reveal the source of the information;
4.1.3. If a licensed healthcare professional has determined, in the exercise of professional
judgment, that the access requested is reasonably likely to endanger the life or physical safety of
the individual or another person;
4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a
licensed health professional has determined, in the exercise of professional judgment, that the
access requested is reasonably likely to cause substantial harm to that person; or
4.1.5. If the request for access is made by a requestor as a personal representative of the individual
and a licensed health professional has determined, in the exercise of professional judgment, that
access is reasonably likely to cause harm to the individual or another person.
4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above,
then the patient may request a review of the denial of access by sending a written request to the
HIPAA Compliance Officer.
4.2.1. Ada County Paramedics will designate a licensed health professional,who was not directly
involved in the denial, to review the decision to deny the patient access. Ada County Paramedics
will promptly refer the request to this designated review official.The review official will determine
within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will
provide the patient with written notice of the determination of the designated reviewing official.
4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics'
"Procedure for Filing Complaints About Privacy Practices"if the patient is not satisfied with Ada
County Paramedics' determination.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Ada County Paramedics Policy on Designated Record Sets
Purpose
To ensure that Ada County Paramedics patients and their authorized representatives are granted
rights regarding Protected Health Information ("PHI") in accordance with the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada
County Paramedics should be accessible to patients as a part of a Designated Record Set("DRS").
Under HIPAA,a DRS includes medical records that are created or used by Ada County Paramedics
to make decisions about the patient.
Departments Affected
201.03.01 Patient Care Records, Administration, Billing
Policy
The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient
requests related to PHI and for ensuring that the correct information is made part of the Designated
Record Set.
Procedures
1. The DRS should only include PHI as defined under HIPAA, and should be comprised of
individually identifiable healthcare and billing information created, received, maintained, or
transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions
about individuals.
2. The HIPAA Compliance Officer shall be the party in charge of designating what
information is part of a DRS at ACP and for ensuring that appropriate information is being
maintained by ACP in its designated record sets.
3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI
includes the following records (claim and insurance information is included only if specifically
requested):
3.1. Electronic health reports ("EHR") created or received by Ada County Paramedics and
ACCESS agencies and supplementary information regarding the patient's condition. This includes
any photos, videos, monitor strips, Refusal of care forms, or information from other sources used
by ACP or ACCESS agencies to treat patients.
3.2. The electronic claims records or other paper records of submission of actual claims to
Medicare or other insurance companies.
3.3. Any patient-specific claim and billing information, including responses from insurance
payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens,
patient account statements, and signature authorization and agreement to pay documents.
3.4. Notices from insurance companies indicating coverage determinations, documentation
submitted by the patient, and copies of the patient's insurance card or policy coverage summary,
that relate directly to the care of the patient or payment for that care.
3.5. Amendments to PHI, or statements of disagreement by the patient requesting the
amendment when PHI is not amended upon request, or an accurate summary of the statement of
disagreement.
3.6. Any treatment related records created by other parties such as first responder units,
assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor's
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
offices, police departments, coroner's offices, etc., that are used by Ada County Paramedics or
ACCESS agencies for treatment and payment related purposes.
4. A designated record set should not include:
4.1. Quality assurance data collected and maintained for peer review purposes
4.2. Accident Reports
4.3. Incident Reports
4.4. Data collected and maintained for research
4.5. Information compiled in reasonable anticipation of litigation or administrative action
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Ada County Paramedics Policy on HIPAA
Purpose
The following Policy has been developed by Ada County/City Emergency Medical Services
System (ACCESS) to comply with requirements imposed by Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and Idaho Code.
Departments Affected
201.03.02 Distributing Medical Records, Administration, Billing, Compliance, Field Operations,
Logistics, Training
Policy
All employees of the ACCESS System participating agencies shall comply with the privacy
practices of the System as set forth in the procedures below.
Procedures
1. BACKGROUND
1.1. In 1996, Congress passed HIPAA to address multiple health care issues including
administrative simplification. The administrative simplification provisions of HIPAA mandate
compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions.
Compliance with the Privacy Rule has been mandatory for all health care providers since April 14,
2003. The law severely restricts the disclosure of patient health information (PHI) and establishes
civil and criminal penalties for violation. The goal of the HIPAA privacy rule is to protect patient's
right to confidentiality in matters involving their healthcare.
1.2. PHI refers to individually identifiable health information, as defined by HIPAA, that is
created or received by EMS and relates to the past, present, or future physical or mental condition
of an individual; the provision of health care to an individual; or the payment for the provision of
health care to an individual at any time; and that identifies the individual or for which there is a
reasonable basis to believe the information can be used to identify the individual. An"individual"
includes all persons, whether living or deceased.
2. CUSTODIAN OF RECORD
2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed. John Blake, Deputy
Director of Ada County Paramedics, is the designated Custodian of Records for HIPAA
coordination, recordation, and compliance purposes. In John Blake's absence, the Custodian of
Records will be his named designee.
2.2. Deputy Director John Blake has been appointed the HIPAA Compliance Officer and is the
primary contact for all HIPAA compliance issues and concerns.
3. ENFORCEMENT
3.1. Effective February 17, 2010,the Department of Health and Human Services(HHS)will be
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required to conduct periodic audits to ensure that covered entities and their business associate are
complying with their obligations under HIPAA.
4. PENALTIES FOR NON-COMPLIANCE
4.1. Federal Code specifies that violations of the Privacy Rule can result in _both civil
monetary penalties and criminal sanctions. This may include criminal sanctions against any person
who obtains or discloses individually identifiable health information which that person obtained
or disclosed without authorization from the covered entity.
5. PROCEDURE FOR NOTIFICATION:
5.1. All patients shall be provided a copy of the "Notice of Privacy Practices" document. This
notice tells patients about their rights under HIPAA and contains information about ACCESS's
privacy policies and procedures. This is also provided on ACP's website
(www.adacountyparamedics.org) and can be obtained at the front counter of the ACP Business
Office.
5.2. EMS field staff is required to obtain a fully completed and signed"Assignment of Benefits
& Privacy Acknowledgment Form" from the patient for each call. This form serves as
acknowledgment that the patient has received the Notice of Privacy information. If a personal
representative signs this document,the representative's relationship to the patient must be checked.
5.3. This form must be kept digitally with the electronic medical record, and any hard-copy
originals returned to the ACP Administrative Office per record keeping requirements.
6. HIPAA TRAINING
6.1. All new hires, including temporary help,will receive HIPAA training and complete a short
test within a reasonable time period. Members of the workforce will read, agree, and sign the
HIPAA Security and Confidentiality Agreement concerning information learned during the course
of employment along with the Documentation of Employee Training (see HIPAA Security and
Confidentiality Agreement and Employee HIPAA Training). Annually thereafter, each employee
will review HIPAA training as necessary and appropriate for the staff to conduct their job.
7. PROTECTED HEALTH INFORMATION (PHI)
7.1. HIPAA defines PHI broadly as any health information, including patient demographics,
that is created or received by a provider and:
7.1.1. Relates to the past,present or future physical or mental health condition of a patient.
7.1.2. That identifies or can be reasonably used to identify a patient.
7.2. PHI can be in any format including oral, written or electronic. The following are some
examples of PHI:
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7.2.1. Patient Care Reports
7.2.2. Medical necessity forms
7.2.3. Patient bills
7.2.4. Claim forms
7.2.5. Records from other facilities
7.2.6. Photos & Video
7.3. You cannot use or disclose PHI for any purpose unless permitted under HIPAA. This
applies to patients that are alive and deceased. PHI is completely confidential and is the property
of the organization.
8. REQUIRED DISCLOSURES
8.1. Patient's Rights of Access and Accounting: You must disclose PHI to a patient or their
authorized representative upon their request for access to their PHI. You must also render an
accounting of all disclosures of a patient's PHI upon request.
8.2. Disclosures to HHS: You must disclose PHI to HHS in connection with its investigation
of complaints, its performance of compliance reviews, or other enforcement activities.
9. PERMITTED USES OR DISCLOSURES
9.1. Treatment: PHI may be used to provide, coordinate, or manage a patient's health care and
any related services. This includes the coordination or management of health care with a third
party for treatment purposes.
9.2. Payment: Includes activities related to your efforts to obtain payment or to be reimbursed
for services provided, and includes insurance eligibility determinations, the filing and pursuing of
insurance claims,your collection activities, etc.
9.3. Operations: Includes quality assessment and improvement activities, licensing and other
credentialing activities, conducting internal medical reviews,business planning and development,
and other similar activities.
9.4. Most uses or disclosures of PHI by ACCESS will be for treatment,payment, or health care
operations purposes, and would not require the patient's authorization or consent.
10. Uses or Disclosures in the Public Interest
10.1. The Privacy Rule permits you to use or disclose a patient's PHI in certain situations where
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the public interest is being served. These permitted uses and disclosures are set out in the
regulations at 45 C.F.R. 164.512. You may use or disclose a patient's PHI where required by law,
however, you must be careful to limit the disclosure of PHI to the minimum amount needed to
comply with the law. Some examples of these situations are:
10.1.1. Patient consent-45 Code of Federal Regulations (CFR)
164.508 permits use or disclosure of PHI with a signed patient authorization
10.1.2. Public health activities—PHI may be released to "proper authorities" as required by
reporting laws relating to a communicable disease, injury, birth, & death, and for public health
investigations pursuant to applicable state and/or federal law.
10.1.3. Coroner—EMS may disclose personal health information to the County Coroner as
required by law.
10.1.4. Military—EMS may disclose a patient's PHI if he or she is a member of the military as
required by armed forces services.
10.1.5. Averting a serious threat to health or safety—PHI may be disclosed or used if necessary to
prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
10.1.6. Victim abuse, neglect, or domestic violence—EMS may disclose PHI to the proper
authorities, including government authorities, if it suspects child abuse or neglect.
10.1.7. Reporting crime in emergencies—When EMS is providing emergency health care it may
disclose PHI to a law enforcement official if such disclosure appears necessary to alert law
enforcement to:
10.1.7.1. Commission and nature of a crime.
10.1.7.2. Location of a crime or of the victims of such a crime.
10.1.7.3. Identity, description, and location of the perpetrator of such crime.
10.1.8. EMS may release PHI required by court order or court ordered warrant or a subpoena or
summons issued by a judicial officer.
10.1.9. Requests for records from attorneys generally must receive a written authorization from
the patient to release the medical records. All requests for release of records will be processed
through Ada County Paramedics.
10.1.10. ACCESS may release personal health information to a family member, other
relative, or close personal friend or other individual involved in the patient's care if ACCESS
personnel obtain the patient's verbal agreement to do so (if by telephone-verify birth date, Social
Security Number, address, &Phone number), or if EMS gives the patient an opportunity to object
to such a disclosure and the patient does not raise an objection; and in certain other circumstances
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
where ACCESS is unable to obtain the patient's agreement and believes the disclosure is in the
patient's best interest.
10.1.11. It is OK to share information with patients when they request it, b u t verify (birth
date, Social Security Number, address, &Phone number)their identity. If the request is in person,
ask for ID, have them complete a record request form, and notate in account.
11. Minimum Necessary Rule
11.1. In all instances, only the information that is necessary and appropriate may be released. Do
not disclose PHI via blog, web site, discussion group, social network, or other public place even
when you believe the information is "de-identified" unless the information is reviewed and
approved by the Compliance Officer or designee. Posts on social media sites can give enough info
for friends and family to recognize patient.Names do not have to be included to be a violation.
11.2. If there is a question as to the appropriate release of information, the employee should
contact an Ada County Paramedics Battalion Chief for clarification. If an employee believes that
they may have inadvertently released PHI in error, they must notify their supervisor in writing of
that disclosure. The Compliance Officer is the custodian of patient records and must authorize
release of all PHI generated within this System. All records within the System that contain PHI
are to be kept secure at all times and locked up when not being used for legitimate purposes.
11.3. Non-compliance with this policy may follow the disciplinary process.
12. Incidental Uses and Disclosures
12.1. The Privacy Rule does not expect our system to guarantee the privacy of a patient's PHI
against all potential risks. So longs as you have implemented reasonable safeguards to minimize
the risk of accidental use or disclosure and you comply with the minimum necessary standard, the
Privacy Rule will permit incidental uses and disclosures.
12.1.1. The HHS Office of Civil Rights has defined an incidental use or disclosure as"a secondary
use or disclosure than cannot reasonably be prevented, is limited in nature, and that occurs as a
result of another use or disclosure that is permitted by the Rule."
12.2. For example, where multiple patients are taken in an ambulance, it is possible that one
patient could overhear you discussing the condition of the second patient. There will be times this
disclosure is unavoidable and it would be permitted so long as it was related to patient treatment.
12.3. ACCESS crews should take every opportunity to minimize these disclosures, but where it
is unavoidable, focus first on patient care and treatments.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
13. PATIENT RIGHTS:
13.1. The Privacy Rule granted patients important new rights with respect to their PHI
information. These rights include:
13.1.1. Access to their own PHI.
13.1.2. Ask for amendments if they believe their PHI to be inaccurate.
13.1.2.1. Must grant or deny a requested amendment within 60 days of receipt of patient's
request.
13.1.2.2. If granted, we must revise the affected records and notify other persons or entities
that might possess the same PHI.
13.1.2.3. A denial of the patient's request for access must be in writing, and must give the
patient the grounds upon which the request is being denied.
13.1.2.4. Denial must also advise patient of their right to submit a written statement
disagreeing with our denial, and advise patient of their right to file a complaint with the HHS.
13.1.2.5. If another covered entity notifies us that it has amended records related to a patient's
PHI, we are required to amend any affected records in our possession.
13.1.3. Make complaints regarding organization's use or misuse of their PHI. See "Complaint
Handling and Resolution Policy".
13.1.4. Access PHI in electronic format if PHI is in electronic format.
13.1.5. Request to not use PHI to submit claim to insurer for payment if they pay the entire billing
in full
13.1.6. Receive `accounting' of all non TPO disclosures.
14. HIPAA BREACH NOTIFICATION:
14.1. Section 13402 of the American Reinvestment and Recovery Act of 2009 added the
requirement that covered entities notify the affected individual upon the unauthorized use or
disclosure of PHI in their possession.
14.2. A breach is treated as "discovered" on the first day we learn of the breach or could have
learned of the breach had we exercised reasonable diligence.
14.3. When required to notify an affected individual, it must be by first class mail to the
individual's last known address. We can give notification via email if individual has previously
agreed to receive such notifications by email.Where an individual is deceased,notification should
APPENDix A:ESO REPORTING SOFTWARE EXHIBIT A
be made to the next of kin or the individual's personal representative.
14.4. If the contact information is out-of-date for fewer than 10 individuals, substitute notice can
be made by telephone or other means. If it is out- of-date for 10 or more individuals, substitute
notice can be given in the form of.
14.4.1. A conspicuous posting for at least 90 days on home page of website.
14.4.2. A conspicuous notice in a major newspaper or on a broadcast network
14.4.3. For breaches involving the unsecured PHI of 500 or more individuals—please contact your
Compliance Officer as there are specific requirements to follow-up.
15. ELECTRONIC PHI
15.1. Every user should have unique ID and password, and take security precautions, especially
when electronic devices are left unattended. DO NOT SHARE PASSWORDS or download copies
of patient data onto thumb drive or other portable device unless authorized to do so. Do not give
lock combinations to an unauthorized person.
16. SUMMARY
16.1. PHI may be used for treatment or patient care,payment, and healthcare operations (TPO).
16.2. The HIPAA Compliance Officer, Steve Boyenger, ACP, oversees policies and procedures
and should be first point of contact.
16.3. PHI may be disclosed to law enforcement in limited, specific situations.
16.4. Take extra attention when:
16.4.1. Communicating with media
16.4.2. Using social networking sites
16.4.3. Texting,posting, or blogging about any patient information
16.4.4. Releasing, verifying, or confirming patient information
16.5. Get written authorization from patient or personal representative when fulfilling requests
for PHI from attorneys. All requests for PHI will be handled by the Ada County Paramedics
administration office.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Purpose for Amendments
From: Stacy Winn
To: ]on Roundy liroundy(@cityofboise.ora);Suzie Markowski(smarkowski(@cityofboise.org); Braidy Ross;JD Hendrick
III;Kris Blume;Anai McBride-Eagle Fire; EFD Tyler Lewis;TJ Lawrence; Krystal Hinkle(khinkle(akunafirexom);
Grea Timinsky;Robin Ward; Emily Kane; Mark Niemeyer
Cc: Dayton Reed
Subject: Restated and Amended Joint Powers Agreement
Date: Thursday,September 21,2023 11:35:56 AM
Attachments: imaae001.ona
JPA STATEMENT OF PURPOSE FOR AMENDMENTS FY24.odf
FY24 Joint Powers Aareement redline.odf
FY 24 RESTATED&AMENDED JPA Clean document.odf
External Sender-Please use caution with links or attachments.
Good morning,
This notice will be the Official Service requesting approval or disapproval of the proposed
Restated and Amended Joint Powers Agreement,by the parties to the Joint Powers
Agreement. The only amendment from the previous agreement is the inclusion of Middleton
Rural Fire District, which was approved by motion of the ACCESS Executive Board at their
April 27, 2023, meeting.
Each party to the JPA (District and/or Agency)needs to please provide me with their approval
or disapproval, within 60 days of this notice. Approval should be in the form of the signed
Agreement. Each agency and/or district can please return their signature page to me and,
once I have all signatures, I will put them together in one document and return a fully executed
agreement to each agency and/or district.
Attached please find a Statement of Purpose and the Joint Powers Agreement both in the
redline version and the unsigned clean version.
Please feel free to let me know if there are any questions.
Thank you and enjoy the rest of your day.
Stacy Winn
Office Administrator
Ada County Paramedics
(208) 287-2966
swinn@adacounty.id.gov
www.adacountyparam}}edics.org
AdaGaun
gfIV We ' re in it for Life !
Confidentiality Notice: This message and any attached files contain information intended for the exclusive use of
the individual or entity to whom it is addressed and may contain information that is privileged,confidential,or
otherwise protected from disclosure under applicable law. If you are not the intended recipient,you are hereby
notified that viewing,copying,disclosure or distribution of this information with unauthorized individuals may
subject you to legal penalties. If you have received this communication in error,please notify the sender
immediately,by electronic mail or by telephone at(208)287-2962 and delete the original message without making
copies.
FY2023 Restated and Amended JPA Clean Document
RESTATED AND AMENDED
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Establishing the Ada County-City EMS System ("ACCESS")
This Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative
Provision of Emergency Medical Services in Ada County (the "Agreement") is entered into by
and between Ada County,the Ada County Emergency Medical Services District,the City of Boise,
the City of Meridian, Kuna Rural Fire District, Eagle Fire District, Star Fire Protection District,
and Middleton Rural Fire District and is effective as of the last date of execution of this Agreement.
RECITALS; PURPOSES; AUTHORITY
Purpose. The Purpose of this Agreement is to establish the Ada County-City EMS System
(the "System") and Joint Powers Board appointed by the respective Parties authorized to operate
and manage the joint, coordinated, and unified provision and maintenance of pre-hospital,
emergency and non-emergency medical services, including medical transport, rescue, and
extrication services, within all county, city, emergency medical services district, and fire district
jurisdictions within the System Area in order to provide certainty, consistency and economy in the
management and delivery of EMS services.
1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may
enter into agreements with one another for joint or cooperative action which includes, but is not
limited to,joint use,ownership,and/or operation agreements and interagency contracts for service,
activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement
enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code.
2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to
enter into intra-agency and mutual aid agreements.
3. The Ada County Board of Commissioners, in its capacity as the governing board
of the Ada County Emergency Medical Services District("ACEMS District")pursuant to Chapter
39, Title 31, Idaho Code,provides emergency medical services in Ada County. All Parties to this
Agreement are licensed as a single EMS entity with various levels of EMS licenses issued by the
state of Idaho, known as "Ada County-City EMS System" ("ACCESS").
4. All Parties to this Agreement shall be responsible for maintaining the ACCESS
license, to the extent it remains in the Parties' best interest to do so.
5. The governing boards of the Parties have determined that it is in the best interests
of each Party and their taxpayers and for the persons residing and found within their respective
boundaries, to create the System. Now, for and in consideration of the mutual covenants and
promises herein set forth, and for other good and valuable consideration hereby acknowledged by
the Parties to this Agreement as having been received, the Parties hereby mutually promise,
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 1
covenant and agree as follows:
AGREEMENT
ARTICLE I
DEFINITIONS
When used herein, the following words shall have the attendant meaning:
1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party
to this Agreement.
1.2 "Ada County-City EMS System" means the Ada County-City EMS System as herein
created and may sometimes be referred to as the "System" or"ACCESS."
1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel,
authorized to provide service in the System, used for, or intended to be used for, the
transportation of sick or injured persons who may need medical attention during transport.
This may include dual or multipurpose vehicles.
1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the
intent to provide personnel and equipment for medical treatment at an emergency scene,
during transportation or during transfer of persons experiencing physiological or
psychological illness or injury who may need medical attention during transport.
1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement,
term or condition of this Agreement.
1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a
perceived individual need for immediate care in order to prevent loss of life or aggravation
of physiological or psychological illness or injury.
1.7 "Joint Powers Board"means the System Joint Powers Board, ("Board"), formed pursuant
to this Agreement, which is authorized to administer this Agreement on behalf of the
Parties.
1.8 "Parties"means Ada County, the cities and districts that have executed this Agreement.
1.9.1 "Inclusive Area Party Agencies" means Public Agencies that are Parties to this
Agreement whose boundaries include area only within Ada County, state of Idaho.
1.9.2 "Non-Inclusive Area Party Agencies" means Public Agencies that are Parties to
this Agreement whose boundaries include area within Ada County and within
Canyon County, or any other neighboring county to Ada County, state of Idaho.
1.10 "Non-transport Service" means an agency with associated apparatus and personnel
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 2
licensed to operate within the System, operated with the intent to provide personnel or
equipment for medical stabilization at an emergency scene, but not intended to be the
service that will actually transport sick or injured persons.
1.11 "Public Agency" means any city or political subdivision of this state, including, but not
limited to emergency medical service districts; fire districts; cities; and any other
government subdivision of the state of Idaho, including any agency of the state of Idaho
holding a current EMS license and providing EMS within or contiguous to the boundaries
of Ada County.
1.12 "System Area"means all the geographic area within the boundaries of the "Inclusive Area
Party Agencies"and those designated areas for inclusion within the System which are also
within the boundaries of the "Non-Inclusive Area Party Agencies."
1.13.1 The "System Area" may be modified, upon consent of all Parties, to include
area within an adjoining county;
1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude
area within Ada County upon the condition the area excluded will then be
subject to a like "System" in an adjoining County.
1.14 "Fiscal Year"means the period of time commencing October 1 and ending on September
30 of the following year.
ARTICLE II
THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM)
2.1 Establishment of the System. There is hereby established the ACCESS System. The
System shall be created for the express purpose of providing for joint management,
provision, operation, and maintenance of pre-hospital emergency and non-emergency
medical services, including medical transport, rescue, and extrication services, within the
System Area. The System shall exist as a joint exercise of the authority to provide EMS
services by all the Parties to this Agreement, and shall be administered by a Joint Powers
Board as provided in Article IV of this Agreement. The System, through the Joint Powers
Board, Administrative Committee, and the Medical Directorate, shall establish standards
and provide for the coordinated management, provision and maintenance of pre-hospital,
emergency, and non-emergency medical services, including medical transport,rescue, and
extrication services, within the System Area.
2.2 Scope of Services and Operation. The System shall coordinate the management,
provision, operation and maintenance of pre-hospital, emergency, and non-emergency
medical services, including medical transport, rescue, and extrication services within the
System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services
of the System within the System Area. By this Agreement, the Parties agree to
cooperatively exercise their respective powers within the System Area in a manner
consistent with this Agreement.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 3
ARTICLE III
PARTIES,DURATION, AMENDMENT,WITHDRAWAL AND TERMINATION
3.1 Parties to this Agreement.The Parties to this Agreement are Ada County,the Ada County
Emergency Medical Services District, the City of Boise,the City of Meridian, Kuna Rural
Fire District, Eagle Fire District, Star Fire Protection District, and Middleton Rural Fire
District. The City of Boise represents the interests of North Ada County Fire and Rescue,
which withdrew as a Party, effective March 5, 2018, pursuant to Article 3.4.1. For all
purposes under this Agreement, the City of Boise and North Ada County Fire and Rescue
constitute one (1) Party. Each Party intends to and does by this Agreement contract with
each other Party and any other Agencies as may later be added. Additional Parties may be
added by resolution of the Board and amendment of this Agreement. Each Party agrees
that the removal of any Party from this Agreement does not affect this Agreement with
respect to each remaining Party.
3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its
Execution Date through September 30, 2023. Thereafter this Agreement may be renewed
for successive one(1)year terms. Renewal terms shall be effective from October 1 through
September 30 of each successive calendar year. A Party may renew this Agreement by
providing written notice to all other Parties.
3.3 Amendment. This Agreement may be amended only in accordance with the provisions of
Article XI.
3.4 Withdrawal.
3.4.1 No Parry shall withdraw from this Agreement unless it demonstrates one or more
of the following circumstances:
3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to
carry out its obligations under this Agreement;
3.4.1.2 A court has determined that it is unlawful for the Party to continue to
perform under or be Parry to this Agreement;
3.4.1.3 A material breach of any term of this Agreement has occurred; or
3.4.1.4 Two or more Parties, after signing, consolidate services and wish to
combine their representation under this Agreement as part of said
consolidation.
3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days
before the effective date of withdrawal. However, a withdrawal shall not be
effective if the condition or conditions giving rise to the withdrawal are cured to
the reasonable satisfaction of the withdrawing Party within sixty (60) days after
the date of notice of withdrawal is provided.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 4
3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees,
as a special consideration to each other Party, that in the event they withdraw from
this Agreement, either by voluntarily withdrawing or for cause by default,that they
will cease to provide EMS services in the System Area for the remainder of the
Agreement term and shall either forfeit or modify their EMS license to the
Department of Health and Welfare Bureau of EMS as that license authorizes EMS
services in the System Area by that Party. In the event a withdrawing Party fails to
cease to provide EMS services in the System Area,the remaining Parties may seek
specific performance of this provision of the Agreement and may also seek
temporary and permanent injunctive relief in an action for specific performance
filed in a court of competent jurisdiction.
3.5 Complaints. The authority to investigate a complaint against a Party may be conducted
by the Administrative Committee or by the Board, when involving cause for termination.
Member/s of the Party or Parties who are the subject of the complaint cannot vote on
motions to proceed with the investigation or matters related to the conduct or financing of
the investigation. Each Party shall cooperate with any investigation of complaints
regarding performance of services governed under this Agreement.
3.5.1 Complaints involving personnel of a Party are to be treated as described in Section
8.5.3 of this Agreement.
3.6 Party Termination.
3.6.1 For Cause.A Party may be terminated from this Agreement by action of the Board
for cause in the event they are in default of this Agreement. Prior to termination of
a Party the Board shall conduct a hearing to determine if there is a default of this
Agreement that has not been cured by the defaulting Party. The following
procedures shall be met:
3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days
written notice of a hearing to show cause.
3.6.1.2 The notice shall specify the reasons for the default and the intention to
terminate the Party as a Party to this Agreement.
3.6.1.3 In the event the default is cured within the fourteen(14)days and before
the commencement of the scheduled hearing before the Board, the
Board shall so note on the record of the proceedings and the hearing
shall then be concluded.
3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion
of their deliberation, issue findings of fact and conclusions of law and
order of decision within thirty (30) days of the date of the hearing.
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
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3.6.1.5 A Board member representing a Party that the Board is considering
terminating shall recuse himself/herself from voting on the termination
and all proceedings involved in the matter of termination.
3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to
this subsection shall not constitute a termination of the entire Agreement, and the
remaining Parties shall continue to perform under this Agreement for the
remainder of the contract term.
3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees,
as a special consideration to each other Party, that in the event they are terminated
from this Agreement,either by voluntarily withdrawing or for cause by default,that
they will cease to provide EMS services in the System Area for the remainder of
the Agreement term and shall either forfeit or modify their EMS license to the Idaho
Department of Health and Welfare EMS Bureau as that license authorizes the
provision of EMS services in the System Area by that Party. In the event a
terminated Party fails to cease to provide EMS services in the System Area, the
remaining Parties may seek specific performance of this provision of the
Agreement and may also seek temporary and permanent injunctive relief in an
action for specific performance filed in a court of competent jurisdiction.
ARTICLE IV
ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM
JOINT POWERS BOARD
4.1 Establishment of the Joint Powers Board; Membership; Officers.
4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board
of the System. The Joint Powers Board shall serve as the governing board of the
System and operate the System on behalf of the Parties.
4.1.2 Joint Powers Board Membership. The System shall be governed by the Board
whose membership shall consist of one (1) elected official representing each Party,
and a total of two(2) elected officials of the ACEMS District/Ada County Board of
Commissioners.
4.1.2.1 Each Party shall also designate an alternate elected official to serve in
the absence of their designated Board member.
4.1.2.2 Each Party's appointee shall be given the authority to vote on all matters
before the Board with the exception of financial decisions requiring the
appropriation and/or expenditure of funds by the Party.
4.1.3 Officers. Annually, during the first meeting held in a new Fiscal Year, the Joint
Powers Board shall elect a chairman and a vice chairman whose primary
responsibilities are as follows:
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
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4.1.3.1 The Chairman shall be a member of the Board and shall conduct all
meetings of the Board and execute all contracts and resolutions on
behalf of and as authorized by the Board and any other duties assigned
by the Board; and
4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out
the functions of the Chairman in the absence of the Chairman and,
through his/her delegate, as needed, be responsible for posting agenda
notices and preparation of minutes of the Board and for maintaining the
records of the Board and any other duties assigned by the Board; and
4.1.3.3 These officers shall have no powers or duties except as provided in this
Agreement.
4.2 Powers,Duties and Operations of the Joint Powers Board.
4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to
operate and manage the System. In order to accomplish the Purpose of this
Agreement,the Joint Powers Board shall have,in addition to other powers provided
herein, the authority to adopt procedures for its operation as well as to adopt
standards for the coordinated management, provision, operation and maintenance
of pre-hospital, emergency, and non-emergency medical services, including
medical transport, rescue, and extrication services, within the System Area.
The Board shall have discretionary powers to manage and conduct the business and
affairs of the System. However, the governing board of a Party shall approve any
action that will financially obligate that Party. The discretionary powers shall
include, but not be limited to, the following:
4.2.1.1 Receive recommendations from the Administrative Committee and the
Medical Directorate;
4.2.1.2 Approve procedures for the operation,meeting,and other administrative
matters of the Board and the System;
4.2.1.3 Approve the Standard Operating Procedures for the System. However,
any standards approved regarding qualifications for holding a position
shall provide an exemption for any personnel of any Parry who at the
effective date of this Agreement holds such a position unless contrary
to law;
4.2.1.4 Adopt medical protocols and other matters related to the Medical
Directorate;
4.2.1.5 Approve response standards, including policies regarding dispatch
responses;
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
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4.2.1.6 Recommend for approval, as set forth in section 4.4 of this Agreement,
a budget and financial plan as well as subsequent funding, including
joint purchasing of property;
4.2.1.7 Approve the allocation of resources, including stationing of personnel
and vehicles;
4.2.1.8 Adopt a training and education plan for licensed personnel;
4.2.1.9 Approve the deployment plan of EMS equipment;
4.2.1.10 Recommend that the Board acquire, hold, and dispose of real and
personal property jointly owned by and used in the System;
4.2.1.11 Deal with other matters necessary and convenient in furtherance of the
Purpose of this Agreement;
4.2.1.12 Identify matters that require approval of the Parties' governing boards;
4.2.1.13 Comply with the Idaho Open Meetings laws;
4.2.1.14 Operate on a fiscal year from October 1 through September 30; and
4.2.1.15 Adopt, administer and implement EMS standards, protocols and
procedures. If EMS standards,protocols and procedures adopted by the
Board impose higher standards than are required by any state statute or
rule the standards and procedures adopted by the Board shall apply to
the Parties to the extent allowed by law in the System Area.
4.2.2 As required by law, the Board shall report to the Idaho Department of Health and
Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules
which occurred within the System Area.
4.2.3 Resolutions and Board procedures shall be compiled and organized according to
subject and maintained by the Joint Powers Board, which shall provide each Party
with a copy of all resolutions and procedures.
4.2.4 The approval of the governing board of each Party is required for any matter
approved by the Joint Powers Board that includes financial contribution by a Party,
including the purchase of real property and personal property.
4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for
the conduct of their meetings that are consistent with the provisions of this Agreement.
4.3.1 The Board shall meet regularly to confer and carry out the business of the Board
and the System in the following manner:
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 8
4.3.1.1 For all meetings of the Board fifty percent(50%)of the members of the
full Board shall constitute a quorum for the purposes of conducting
business.
4.3.1.2 All motions, resolutions, and actions of approval on any matter by the
Board require a unanimous vote of the Board members present.
4.3.1.1.1 In regard to matters before the Board that only involve a
combined licensure as provided in Article V of this
Agreement, only the Board members of Parties that have
combined their licenses may vote.
4.3.1.3 The Board must provide at least fourteen (14) days' advance written
notice to all Parties when considering all matters requiring a vote of the
Board members.
4.3.1.4 Only Board members, or their alternates, shall have voting privileges.
4.3.1.5 In the event a Party's Board member or designated alternate fails to
attend three (3) consecutive meetings or fails to attend more than one-
half of the meetings of the Board within a Fiscal Year,notice of absence
shall be sent to the offending Party which notice shall be withdrawn if
the offending Party's Board member appears at the next regularly
scheduled meeting and shows good cause for the absences and presents
a commitment to regular attendance in the future. In the event the
offending Party does not appear and show good cause then the same
shall constitute a material breach of the terms of this Agreement and
the offending Party will be subject to termination provisions of Section
3.6 of this Agreement and the notice of absence shall stand as a notice
of default.
4.3.2 The Board shall create a written annual report concerning the status of the System,
at a date set in the procedures of the Board, but in no event not less than once per
year. This report shall include all matters the Joint Powers Board determines to be
relevant to the operation of the System, including the Budget(as described in 4.4),
and any matter that may be required by the State EMS Bureau or by state or federal
law.
4.4 Finances.On or before March 1 of each year,the Board shall propose an ACCESS Budget
(the "Budget") for approval by the ACEMS District Board.
4.4.1 The Budget shall include all vehicle license registration fees designated for and
remitted to the ACEMS District for that fiscal year. The Parties are committed to
a joint responsibility for the Budget,recognizing that property tax funds contributed
for that fiscal year by the ACEMS District Board,pursuant to Chapter 39, Title 31,
Idaho Code, comprise a significant portion of the Budget. However, the Budget
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 9
shall include contribution payments to the System by all Parties to this Agreement,
with a goal of shared resources and efficiencies.
4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount
included in the Budget in Section 4.4.1. Budget expenditures shall be developed in
accordance with the statutory purposes for the vehicle license registration fees,
designated for the provision of EMS services within the ACEMS District, and the
property tax funds contributed for that fiscal year by the ACEMS District Board,
pursuant to Chapter 39, Title 31, Idaho Code, as well as direction from the Board.
4.4.3 A division for the System shall be established within the ACEMS District Budget,
which shall include income line items and expenditure line items as allocated by
the ACEMS District Board. The income line items shall include, if applicable: (1)
vehicle license registration fees as described in Section 4.4.1 above; (2)
contribution payments from the Parties; and(3) tax funds being contributed by the
ACEMS District for System expenditures as described in Section 4.4.1 above. The
expenditure line items shall include, if applicable: (1)personnel expenses; (2)
capital expenses; and(3) operating expenses.
4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS
District, then on or before March 1, the Board shall submit the Budget to each
Parry's governing board for consideration of an appropriation of any contribution
payment by that Party.
4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the
Budget as proposed by the Board.
4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval,
then the Parties shall set their own budgets.
4.4.7 Capital investments requiring additional expenditures will be funded through extra
appropriations as proposed by the Board, subject to approval by each Party's
governing board.
4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to
approval of the Parties' governing boards as required by other provisions of this
Agreement,may authorize joint purchasing of any real or personal property consistent with
the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board
shall identify by resolution the plan for distribution and/or ownership of property jointly
owned by the Parties upon the withdrawal or termination of a Party.
4.6 Agreements with other Medical Service Providers. The Board may enter into
agreements with medical service providers other than those that are Parties to this
Agreement in order to provide for EMS services and/or to provide mutual aid to the System
or any medical service provider. Such agreements may be with public or private agencies
and may incorporate any of the terms and conditions contained herein and any other terms
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 10
and conditions the Parties may deem appropriate. Such agreements shall not authorize a
medical service provider to directly compete with any Party to this Agreement for the
provision of EMS services, nor shall such agreement extend any voting rights to any Party
to this Agreement for the provision of EMS service, nor shall such agreement extend any
voting rights to the Party with whom the agreement is made.
ARTICLE V
LICENSURE
5.1 Licensure. The Parties hereby agree to maintain a single combined state-issued EMS
license, in accordance with 5.3 and 5.4 herein.
5.2 Establishment of the Ada County-City EMS System. The Board shall,together with the
Parties' governing boards, comply with Idaho Code §§ 53-501510, "The Assumed
Business Names Act of 1997" to conduct the business of the System under the name and
style of Ada County-City EMS System.
5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their
state-issued EMS licenses and to operate under one EMS license as provided by the laws
of the state of Idaho and regulations of and as authorized by the state of Idaho Department
of Health and Welfare Bureau of EMS.
5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses
will do all things necessary to accomplish the transition of combining their EMS licenses
and to begin and continue operating lawfully under the ACCESS license.
ARTICLE VI
ADMINISTRATIVE COMMITTEE
6.1 Establishment of the System Administrative Committee.There is hereby established an
ACCESS Administrative Committee. The Administrative Committee shall serve to make
recommendations to the Board.
6.1.1 Administrative Committee Membership.Voting members of the Administrative
Committee shall consist of a chief administrative official from each Party. In
addition, non-voting members may be invited to participate including, but not
limited to: a representative from the Ada County Emergency Communications
Center, representatives from hospitals located within the System, representatives
from the Medical Directorate, and other EMS or health care agencies with a shared
interest in emergency medical services. The attendance of three (3) voting
Administrative Committee members shall constitute a quorum for conducting the
business of the Administrative Committee.All actions regarding a recommendation
to the Board shall require a two-thirds (2/3) majority vote of all voting
Administrative Committee members present. Each Party shall designate an
alternate member who, in the absence of their Administrative Committee member,
shall have the right to a proxy vote on all matters presented for a vote.
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
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6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person
who is providing EMS Services in the System Area under a current license issued
by the EMS Bureau,either as air medical services,ambulance services, and/or non-
transport services,may apply for membership on the Administrative Committee as
an Ex-officio member with rights to participate in the meetings subject to the rule
of the chairman, without the right to vote and without a right to participate in or
attend any executive session matter or on any agenda item involving personnel or
a claim of default of a Party.
6.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the
Administrative Committee shall appoint a chairman and a vice chairman whose
primary responsibilities are as follows:
6.1.3.1 The Chairman shall be a member of the Administrative Committee
and shall conduct all meetings of the Administrative Committee,and
shall act as the spokesperson for the Administrative Committee
when presenting to the Board.
6.1.3.2 The Vice Chairman shall be a member of the Administrative
Committee and shall carry out the functions of the Chairman in the
absence of the Chairman and, through his/her delegate, as needed,
be responsible for posting agenda notices and preparation of minutes
of the Administrative Committee.The agenda for each meeting shall
be sent to the members fourteen (14) days before the meeting date.
The Vice Chairman shall also perform any other duties assigned by
the Administrative Committee.
6.1.3.3 These officers shall have no powers or duties except as provided in
this Agreement or conferred by the Board.
6.2. Purpose.The purpose of the Administrative Committee is to provide operational expertise
as outlined in the Administrative Committee procedures and to make recommendations to
the Board. The Administrative Committee will meet at least bi-monthly, but may meet
more often depending on need.
6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not
limited to, the following:
6.3.1 Development, maintenance, and annual review of the ACCESS Operation and
Finance Plan to include, but not limited to: System deployment plan, System
staffing levels and licensure levels, current and future funding needs, capital
improvement plan, determination of System performance levels, assuring a quality
management program, development of a System training and education plan, and
other functions not specifically identified but intended to meet the requirements for
the safe and efficient operation of the EMS System.
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 12
6.3.1.1 Review and update annually any change in System configuration.
6.3.1.2 Prepare, in accordance with the provisions of this subsection, any
reports, Standard Operating Procedures, Quality Improvement Plan,
Quality Assurance Plan or budget recommendation to submit to the
Board for approval prior to publication and implementation.
6.3.1.3 Provide for the coordination, planning, and provision of transport and
non-transport EMS services between the Parties, which may include air
medical service within the System Area. Ensure that EMS services are
rendered in a timely and cost effective manner, at an optimal level of
care. The Administrative Committee shall consider the current EMS
standards, existing EMS service capabilities, trends, desired goals, and
future EMS service capabilities for each planning component with due
consideration of the limited funds available to provide such services.
6.3.1.4 The Administrative Committee shall consider, along with its
accompanying maps, charts and reports, the following components and
criteria:
6.3.1.4.1 The current emergency medical services system structure
and performance;
6.3.1.4.2 Emergency medical services resources and capability
throughout the System, to include licensees, employees,
contractors, volunteers, and any demonstrated need for
change;
6.3.1.4.3 Population and other pertinent demographics within the
EMS System, including analyses of hospital services and
past, present, and future trends in population and
characteristics such as age,mortality, insurance and revenue
to support EMS within the System Area;
6.3.1.4.4 Other EMS factors, including but not limited to response
time standards, medical standards of care, required staffing,
EMS equipment and facilities standards within the System
Area, EMS System deployment plans, mutual aid
agreements, competency management strategy,
compensation/reimbursement plan, and data collection plan;
6.3.1.4.5 Recommended performance standards that are currently
recognized under national, state and local standards and
guidelines; and
6.3.1.4.6 Private EMS provider's services and capabilities within the
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
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Service Area.
6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any
Medical Service Providers under contract pursuant to Section 4.6 of this
Agreement.
6.3.3 Receive communications, review and make recommendations to the Board
regarding any ongoing operational and/or planning and/or funding issues in order
to coordinate EMS service and resources, transport and non-transport and air
medical service, within the System Area.
6.3.4 Conduct EMS services informational meetings and consult with public officials and
agencies, the medical community, the public, and civic, educational, professional,
or other organizations.
6.3.5 Other duties as may be assigned by the Board.
ARTICLE VII
SYSTEM MEDICAL DIRECTORATE
7.1 Establishment of the System Medical Directorate; Standards and Procedures. There
is hereby established a System Medical Directorate. The Medical Directorate composition
shall be two (2) qualified physicians as recommended by the Administrative Committee
and appointed by the Board. The Medical Directorate members shall appoint a chairman,
who shall set the agenda and preside over the meetings, serve as the spokesman for the
System Medical Directorate, and serve as an ex-officio member of the Administrative
Committee. The Board shall adopt administrative guidelines and procedures concerning
the conduct and the responsibilities of the System Medical Directorate.
7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes
the duties and functions in accordance with the laws of the state of Idaho, the Rules and
Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau,
and any other rules or regulations concerning emergency medical services.
7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical
Directorate shall be binding upon the Parties, unless otherwise specifically noted within
this Agreement.
7.4 Responsibility. The System Medical Directorate shall have and exercise the following
duties:
7.4.1 Be responsible for the clinical management and medical oversight of the Parties'
EMS services within the System Area and for compliance with the rules and
regulations of the Idaho EMS Physicians' Commission, rules and regulations of
the State of Idaho EMS Bureau and any associated rules and regulations
concerning emergency medical services;
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 14
7.4.2 Determine the content of the System's Medical Supervision Plan;
7.4.3 Assess clinical ramifications of field operating procedures;
7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals;
7.4.5 Establish the scope of practice of EMS personnel functioning within the System as
required by the rules of the EMS Physician Commission and/or performance
requirements as set forth by the System; and
7.4.6 Identify opportunities for improving the quality of medical care delivered to
patients in the out of hospital setting within the System Area.
7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call
of the chairman.All meetings shall be conducted and noticed in accordance with the Idaho
Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting
rules adopted by the Board. A majority of the System Medical Directorate shall constitute
a quorum for the transaction of any business, for the performance of any duty, or for the
exercise of any power. Each member of the System Medical Directorate may cast one vote
during decision-making.
ARTICLE VIII
OTHER OBLIGATIONS OF THE PARTIES
8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards
established by the laws of the state of Idaho and associated regulations, as well as any
other applicable federal law and/or regulation.
8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the
authority to cooperatively exercise the powers of each Party in furtherance of the purposes
of this Agreement and the operations of the System to the extent conferred by this
Agreement, and to the extent allowed by governing law.
8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the
resolutions and procedures adopted by the Board within the powers granted to it
by this Agreement.
8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the
purpose of this Agreement, including adoption of any ordinance or resolution
necessary to authorize the Party to perform under this Agreement.
8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for
comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9,
Idaho Code.
8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 15
of fees charged for the services it provides.
8.5 Individual Operation of the Parties; Allocation of Resources According to Standards
Adopted by Board; Furnishing of Equipment. The Board will establish procedures and
standards as well as specific direction for allocation of resources and personnel within the
System as well as other subjects as provided herein. Except as provided by the System by
action of the Board,each Party will provide its own equipment and supplies on its vehicles,
for its personnel,payroll, and its stations. All Parties will retain control over those matters
not related to the System or this Agreement, which may include, but is not limited to:
budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and
other related matters not impairing the operation of the System or functioning of the Board.
8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore
the Board shall have no authority to employ personnel directly.Personnel additions
and reductions are matters entirely under the authority of the Parry employing the
personnel. The Board shall not take any action which is intended to terminate the
employment of any employee,who is employed by a Party on the effective date of
this Agreement.
8.5.2 Party Compliance with laws governing Personnel.Each Party is responsible for
their compliance, in the performance of any services under this Agreement, with
Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42
U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the
American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as
amended by the American with Disabilities Act Amendments of 2008, the
Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination
in Employment Act of 1967, 29 U.S.C. Section 621, et seq.
8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate
complaints referred from the Board,the Administrative Committee,or the Medical
Directorate made by or against the Parry's employees concerning matters related
to their performance of services governed under this Agreement. This does not
require a Party to report the results of any investigation. Each Party retains control
of its personal property, personnel records, reports, and other documents for
purposes of resolution or remediation of complaints.
8.6 Medical Supplies. ACEMS District shall purchase all necessary disposable medical
supplies for agencies operating under the ACCESS license. Upon direction from the
Board,the Parties shall endeavor to engage in joint purchasing of medical supplies in order
to realize cost savings.
8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify,
defend, and hold harmless each other Party, their officers, agents, and employees, from
and against all claims, losses, actions, or judgments for damages or injury to persons or
property arising from or connected to the acts and/or activities of it and/or its agents,
employees, or representatives pursuant to and under the terms of this Agreement to the
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AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 16
extent allowed by law.
8.8 Shared Use of ESO Reporting Software. The Parties hereby adopt Appendix A to this
Agreement, for the purpose of establishing terms and conditions of the shared use of ESO
Reporting Software for report writing and records storage and management.
ARTICLE IX
ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY
9.1 Management of Funds and Administrative Support.The ACEMS District shall provide
for the day-to-day management of the System funds as proposed by the Board through the
policies and procedures established by the ACEMS District. The ACEMS District shall
also provide administrative support for the Board.
9.2 Financial Advice. Ada County may make available a financial manager to the System
from time to time in order to monitor the System's financial situation and to consult with
the Board concerning the same. The Board may seek their own financial manager as
needed.
9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use
by the Board, subject to a mutual agreement between the Party and the Board regarding the
legal services to be provided and payment for those services.
9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service
through its ambulance taxing district within the boundaries of the District.
9.5 Medical Supervision. The System Medical Directorate shall consist of a minimum of two
Medical Directors, and shall be provided through Party contributions made part of the
ACCESS Budget process, as provided in section 4.4 herein.
ARTICLE X
NOTICE
10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall
provide said notice to each Party.
10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of
official notices.
10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after
the date of posting with the U.S. Postal Service of notice sent to the Vice Chairman or upon
the day of notice sent by facsimile or e-mail to the Vice Chairman.
10.4. Vice Chairman Notice Duties. The Vice Chairman, or his/her delegate, shall:
10.4.1 Receive from the Party(s) and distribute to all Parties the following:
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 17
10.4.1.2 Notices provided for in this Agreement; and
10.4.1.3 The minutes and all official actions of the Joint Powers Board.
10.4.2 Keep a current registry of the correct legal name and address of all Parties to this
Agreement, each Board member, and each alternate.
10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections
3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in
Article III, Section 3.3 and Article XI herein.
ARTICLE XI
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
11.1 An amendment may be proposed by a Party and/or by the Board.
11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under
this Article XI.
11.3 A proposed amendment must be in writing and must include strikethrough of any language
to be deleted and underline of any new language of the proposed amendment. Any
proposed amendment will be considered an amendment to the entire Agreement and must
be submitted in that fashion.
11.4 A proposed amendment shall contain a Statement of Purpose, which shall include a
statement of how the Parties will be affected by the amendment; the Parry to contact for
information; and the amended Agreement text.
11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and
Amended Agreement form for service by the Vice Chairman in the event the proposed
amendment is approved.
11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended
Agreement form shall be served upon the Vice Chairman by the proponent Parry or Board,
as the case may be.
11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with this
Article and shall advise the proponent Party in the event it is not.
11.8 If the amendment proposal is in compliance with this Article, the proposed amendment
shall be served and submitted to the Parties to this Agreement by the Vice Chairman.
11.9 All Parties' approval is required for the approval of an amendment to this Agreement.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 18
11.10 Parties must submit their approval,or their disapproval with reasoning,in accordance with
service of notice as provided in this Agreement and within sixty (60) days of the date of
the cover notice from the Vice Chairman.
11.11 The Vice Chairman shall tally the approvals and or disapprovals within a reasonable time,
or in the case of no response, then soon after the sixty (60) day period for response. The
amended Agreement shall be effective after all Parties have duly signed.
11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event the
amendment passes, the Vice Chairman shall also include with notice to the Parties the
Restated and Amended Agreement.
ARTICLE XII
MISCELLANEOUS PROVISIONS
12.1 This Agreement shall not relieve any Parry of any obligation or responsibility imposed
upon it by law.
12.2 Severability in Case of Partial Invalidity.If any portion of this Agreement is determined
to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement
shall be limited to such portion,and shall not affect any other portions or provisions,which
shall be given the fullest effect permitted by law. In the event that it should ever be
determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or
unenforceable as a matter of law, this Agreement shall be deemed to be null and void,
from its inception,and the Parties hereto shall be relieved of any further performance under
the terms of this Agreement.
12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho.
12.4 No Third Party Beneficiaries. Each Party to this Agreement intends that this Agreement
shall not benefit or create any right or cause of action in or on behalf of any person or legal
entity other than the Parties hereto.
12.5 Counterparts and Process to Become a Party. This Agreement will be executed and
delivered in counterparts, one for each Parry, and at such time as the governing board of
an agency intent upon joining adopts the necessary resolution authorizing the execution of
the counterpart and a written notice thereof, including a copy of the resolution or other
authorizing act of its governing board is provided to the Secretary, this Agreement shall
then be in full force and effect to such Parties and shall have the force and effect of an
original, and copies of the signature pages of all counterparts shall be provided to all
Parties to this Agreement by the Secretary.
12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 19
12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms
of this Agreement,the prevailing Party shall be entitled to recover from the non-prevailing
Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules
of Civil Procedure.
12.8 Entire Agreement.This is the entire agreement between the Parties and may be modified
only as provided herein.
BOARD OF ADA COUNTY COMMISSIONERS and
BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT:
Rod Beck, Commissioner
Ryan Davidson, Commissioner
Thomas Dayley, Commissioner Attest:
Trent Tripple, Ada County Clerk
CITY OF BOISE:
Attest:
Lauren McLean, Mayor Lynda Lowry, City Clerk
CITY OF MERIDIAN:
Attest:
Robert E. Simison, Mayor 10-3-2023 Chris Johnson, City Clerk 10-3-2023
EAGLE FIRE PROTECTION DISTRICT:
Brad Pike, Commissioner
Brian Simpson, Commissioner
Josh Tanner, Commissioner Attest:
Clerk
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 20
KUNA RURAL FIRE DISTRICT:
Greg McPherson, Chair
Rebekah Luther, Commissioner
Randall Feaster, Commissioner
Billy Edwards, Commissioner
Scott Burn, Commissioner Attest:
Clerk
STAR FIRE PROTECTION DISTRICT:
Tim Murray, Commissioner
Steve Martin, Commissioner
Jared Moyle, Commissioner Attest:
Clerk
MIDDLETON RURAL FIRE DISTRICT:
Liz Bolts, Commissioner
Tim O'Meara, Commissioner
Jackie Potter, Commissioner Attest:
Clerk
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 21
APPENDIX A:
SHARED USE OF ESO REPORTING SOFTWARE
This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix A"), is
made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the
Agreement. The parties to this Appendix A may each be referenced separately in this Appendix
as "Party" or collectively as "Parties."
WHEREAS, the Parties have determined that it is in the best interest of their respective
jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and
management;
WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's
functions and information stored therein in order to achieve economy of public resources,better
coordinate public safety and emergency responses,undertake local and regional analyses and
planning efforts, and work cooperatively to fulfill public service and governmental functions;
WHEREAS,the records created and stored in ESO are public records, as that term is
defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records
Act, including the requirements of and exemptions from disclosure enumerated therein;
WHEREAS,to the extent that the information contained in ESO is Protected Health
Information ("PHI") as that term is defined in the Health Insurance Portability and
Accountability Act("HIPAA"), 42 U.S.C. §§ 201 et seq., such information is exempt from
public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health
and Human Services, 45 C.F.R. §§ 164.508(a)(1) and(c), and Idaho Code § 74-104(1); and
WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of
Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared,
owned, used or retained by a governmental entity remains the record of that entity,
notwithstanding delegation of that agency's custodial duties as to such record, nor the location or
format in which the record is stored;
WHEREAS, where two or more Parties respond to an incident, each responding fire
department or district may prepare an Electronic Health Report("EHR") specific to each patient,
Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both
EHRs into one consolidated EHR; further, each responding fire department or district may
prepare a National Fire Incident Report System Report("NFIRS Report") specific to that
incident, and ESO will merge both NFIRS into one record;
APPENDIX A:ESO REPORTING SOFTWARE PAGE 1
NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A and
in order to meet the objectives described above, the Parties hereby agree as follows:
I. STATEMENT OF PURPOSE(AGREEMENT,ARTICLE XI). This Appendix A is proposed by the
Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the
terms and conditions of the Parties' use of ESO for creating and storing records of individual
and joint responses to medical and fire emergencies; to coordinate a uniform approach and
response to requests for records stored in ESO; to delegate to Ada County Paramedics
("ACP") custodial responsibility for EHRs stored in ESO, which responsibility shall include,
without limitation,responding to requests for such records in accordance with the Idaho
Public Records Act, and records retention and destruction in accordance with the Parties'
respective retention schedules.
II. PUBLIC RECORDS REQUESTS
A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas
duces tecum for EHRs stored in ESO.
1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby
delegate to ACP their respective custodial duties, including,without limitation, the duty
to timely respond to a request for such records pursuant to subpoena or Idaho Code
section 74-102; to manage such records; and to protect PHI from improper disclosure
pursuant to HIPAA.
2. Designation of Records Custodians. Each Party shall designate a Records
Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall keep a
current registry of the Parties' respective Records Custodians, to include their names,
addresses, e-mail addresses, and phone numbers.
3. Process. Whenever any Party receives a request for an EHR, the Party receiving such
request shall, by 5:00 p.m. of the first business day on which the request is received,
forward such request to ACP Records Custodian, and shall notify the requestor that the
second Party is the custodian of the record requested, and that the request has been
referred to the second Party for response. ACP shall process and respond to all requests
for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall
observe all requirements of the Idaho Public Records Act, HIPAA, and ACP's Records
Release Policy, Designated Records Set Policy, and HIPAA Policy, copies of which are
attached to this Appendix A as Exhibit A.
4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County
Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal
review related to the preparation of responses to requests for EHR. Each Party to this
Appendix A shall adopt by reference the most current fee schedule established by the
Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall
notify the parties of any and all proposed and final changes to such fees.
APPENDIX A:ESO REPORTING SOFTWARE PAGE 2
5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section
74-115 contesting ACP's decision to release or deny a record stored in ESO pursuant to
the delegation of authority to ACP provided herein, the following provisions shall apply.
a. Record of incident that included ACP. Where the responsive records at issue
are related to an incident to which ACP responded, in whole or in part, Ada County
shall defend such decision in district court and in any and all subsequent appeals.
Ada County shall be responsible for all expenses related to such petition or any ruling
or order related thereto, including attorney fees, costs, penalties, or sanctions. Where
a petitioner joins a party other than ACP, the joined parry shall be responsible for its
own appearance and all expenses related thereto.
b. Record of incident that did not include ACP. Where the responsive records at
issue are related to an incident to which ACP did not respond at all, ACP shall, by
5:00 p.m. of the first business day on which the petition is served, forward such
petition to the agency or agencies that did respond to the incident. The agencies that
did respond to the incident shall move to join the petition and shall stipulate to
dismissal of the petition as to ACP.
B. Requests for NFIRS Reports. The following provisions shall apply to public records
requests and/or subpoenas duces tecum for NFIRS reports stored in ESO.
1. Custodial duties; delegation to co-responders. Pursuant to Idaho Code sections 74-
101(3) and(13), each Parry is the sole custodian of all NFIRS Reports that it prepares
and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS
Reports they separately prepare and/or store in ESO are merged into one record, both
parties are co-custodians of the merged record. To the extent that such merged records
contain information prepared by multiple Parties, as to such merged records, the Parties
hereby delegate to each other their respective custodial duties.
2. Response to request for agency's own NFIRS Report. Where a Party receives a
request for a NFIRS report prepared by that Parry, and that Party is the only Party that
prepared the requested NFIRS Report, that Parry shall be solely responsible for
responding to the request and for any and all related risks, duties, and litigation related to
the request and/or response.
3. Response to request for another agency's NFIRS Report. When a Parry receives a
request for a NFIRS Report prepared by a second Parry, and the second Party is the only
Party that prepared the requested NFIRS Report, the Party receiving such request shall,
by 5:00 p.m. of the first business day on which the request is received, forward the
request to the second Party's Records Custodian. The Party that originally received such
request shall notify the requestor that the second Party is the custodian of the record
requested, and that the request has been referred to the second Party for response. The
second Party shall be solely responsible for responding to the request and for any and all
related risks, duties, and litigation related to the request and/or response.
APPENDIX A:ESO REPORTING SOFTWARE PAGE 3
4. Response to request for merged NFIRS Report.When a Parry receives a request for
a NFIRS Report that contains information prepared both by that Party and by a second or
additional Party or Parties, and such information is merged into one record by ESO, the
Parry receiving such request shall be solely responsible for responding to the request and
for any and all related risks, duties, and litigation. The Party receiving such request need
not notify the additional Party or Parties that such request was received, except that the
Party receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business
day on which the request is received, notify the Records Custodian of all Parties whose
information is contained in the NFIRS Report where such NFIRS Report refers to or
contains information related to the following circumstances:
a. One or more casualties;
b. A fire investigation;
c. An intentional fire;
d. Hazardous materials;
e. Property loss or costs estimated at $10,000 or more; and/or
f. Other circumstances under which, in the discretion of the Party receiving the
request, consultation between the Parties would promote the safety, welfare, or best
interest of either Party, citizens involved in the incident described in the NFIRS
report, or the public.
("Extraordinary Circumstances.") In the event that a requested NFIRS Report
describes Extraordinary Circumstances, the Parties shall work together to prepare a
response that is acceptable to both Parties. In the event that the Parties cannot come
to consensus prior to the deadline for release of a NFIRS Report describing
Extraordinary Circumstances, the Party that originally received the request shall
consider the input of all other Parties, and shall provide a response to the requestor
that accommodates such input as the Party that originally received the request deems
practicable. In any event, as to NFIRS Reports that do and do not pertain to
Extraordinary Circumstances, the Parry that originally received the request shall be
solely responsible for responding to the request and for any and all related risks,
duties, and litigation related to the request and/or response.
5. Principles of response. In order to provide uniform responses to public records
requests, the Parties to this First Addendum hereby agree that:
a. Absent statutory exemption,NFIRS Reports stored in ESO shall be presumed to be
subject to disclosure upon request, including, without limitation: incident reports;
investigative reports and photographs; addresses and phone numbers, including
location and involved persons; and responding crew member names and positions.
APPENDIX A:ESO REPORTING SOFTWARE PAGE 4
b. Prior to disclosing a record which contains both PHI and information subject to
disclosure,the responding agency shall redact all PHI pursuant to Idaho Code section
74-104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R.
§§ 164.502(a) and 164.512(a)(1),promulgated by the United States Department of
Health and Human Services, pursuant to 42 U.S.C. § 264(b),unless disclosure is
appropriate pursuant to ACP's HIPAA Policy, a copy of which is attached hereto as
Exhibit A.
c. It is acknowledged and agreed that information related to `Extraordinary
Circumstances," as enumerated above, may be subject to particular statutory
standards of review and/or redaction.
d. The exemption for law enforcement records set forth in Idaho Code section 74-
124(1) shall not be presumed to apply to NFIRS Reports,unless the report pertains to
a suspected commission of a fire-related crime (arson, false alarm, fireworks,
explosives, malicious injury to property, concealment, etc.) in which case the
responding Parry may be acting as a law enforcement officer for purposes of this
exemption.
e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS
Report information requires consultation with legal counsel of the Party responding to
the request.
f. Requested records may contain information that is both exempt and nonexempt
from disclosure. Pursuant to Idaho Code section 74-112, such information must be
separated and disclosed accordingly.
III. RETENTION OF RECORDS IN ESO.
A. Retention of Records.A record stored in ESO shall be retained not less than nineteen
(19)years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and(2)(d)
and 50-907(2)(e), such records shall be classified as "semipermanent"records and destroyed
pursuant to resolution by the Ada County Board of Commissioners, and the corresponding
city council(s) or fire district board of commissioners.
B. Records retention schedule. Each Party shall incorporate into its records retention
schedule a listing of records stored in ESO, with the following classifications and retention
periods:
Record Classification Retention period
Records containing PHI Semipermanent Nineteen 19 ears
NFIRS incident and Semipermanent Nineteen (19) years
casually re arts
Investi ative re orts Semipermanent Nineteen 19 ears
Photo ra hs Semipermanent Nineteen 19
Public records requests Semipermanent Six L61years
APPENDIX A:ESO REPORTING SOFTWARE PAGE 5
EXHIBIT A
Ada County Paramedics' Records Release Policy,
Designated Records Set Policy, and HIPAA Policy
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Ada County Paramedics Policy on Patient Requests for Access to PHI
Approved by Darby Weston(Director)
Approval Date: 1/24/2017 Version: 1
Purpose
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants individuals
the right to access their protected health information("PHI")contained in a designated records set
("DRS"). Ada County Paramedics must afford individuals this right of access in accordance with
federal and state law. To ensure that Ada County Paramedics complies with its obligations, this
policy outlines our procedures for handling requests for patient access and establishes the
procedures by which patients or authorized representatives may request access to PHI.
Departments Affected
103.01.01 Policies & Procedures, Administration, Billing, Compliance
Policy
All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it
shall be the responsibility of the HIPAA Compliance Officer to handle all access requests.
Procedures
1. Requests for Access from the Patient or the Patient's Personal Representative
1.1. Patients and their authorized representatives shall be granted a right of access to obtain a
copy of their PHI contained in a DRS maintained by Ada County Paramedics.
1.2. If a patient or their authorized representative requests a copy of a patient's PHI, the
requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA
Compliance Officer, or designee, shall request that the patient or authorized representative
complete Ada County Paramedics' "Request for Access to Protected Health Information"Form.
1.3. The HIPAA Compliance Office, or designee, must verify the patient's identity, or, if the
requestor is not the patient, the name and identity of the representative and whether the
representative has the authority to act on the patient's behalf. The use of a driver's license, social
security card, or other form of government-issued identification is acceptable for this purpose. If
it is impossible for the requestor to physically come in to make the request and verify this
information, the HIPAA Compliance Officer shall ask the requestor to verify the patient's name,
date of birth,
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
SSN, address, and telephone number over the phone and ask the requestor to submit the
"Request for Access to Protected Health Information Form"via email, mail or fax.
1.4. Upon receipt of the completed"Request for Access to Protected Health Information Form"
and verification of the requestor's identity, the HIPAA Compliance Officer will act upon the
request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to
requests for access to PHI within 30 days of receipt of the access request.
1.5. If Ada County Paramedics is unable to respond to the request within these time frames,the
requestor must be given a written notice no later than the initial due date for a response, explaining
why Ada County Paramedics could not respond within the time frame,and in that case Ada County
Paramedics may extend the response time by an additional 30 days.
2. Requests for Access from the Patient's Attorney
2.1. If Ada County Paramedics receives a request for a patient's PHI from the patient's attorney,
the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the
release of PHI. Generally, the request should be accompanied by a form or letter, signed by the
patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there
is a signed form or letter from the patient authorizing the release of the PHI requested (or some
other valid authorization from the patient), then the HIPAA Compliance Officer may release the
PHI to the attorney in accordance with what the authorization states.
2.2. If the request from the patient's attorney is not accompanied by a signed request form or
letter from the patient(or some other valid patient authorization), the HIPAA Compliance Officer
shall contact the attorney and inform the attorney that Ada County Paramedics will not release the
information without valid authorization from the patient.Ada County Paramedics shall not release
any PHI to the attorney until the patient authorizes the release.
3. Approval of a Request for Access
3.1. Upon approval of access, the patient or authorized representative should generally be
provided a copy of the record in the manner requested on the Form. Ada County Paramedics will
either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient
time for the patient to come into Ada County Paramedics to receive a copy their PHI. Ada County
Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the
patient or authorized representative, provided that the written direction is signed and clearly
identifies the designated party.
3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather,
copies of the records shall be provided for the patient or requestor.
3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient's
account in the Sweet billing software, in the HIPAA-AAR tab. This note indicates the date of the
request, the date access was provided, what specific records were provided.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
4. Denial of a Request for Access
4.1. If the request for access is denied,the HIPAA Compliance Officer shall send the requestor
a "Denial of Request for Access to Protected Health Information Form," outlining the reason for
the denial and explaining the individual's rights regarding the denial. Patient access may be denied
for the reasons listed below:
4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use
in, a civil, criminal or administrative action or proceeding;
4.1.2. If the information the patient requested was obtained from someone other than a healthcare
provider under a promise of confidentiality and the access requested would be reasonably likely
to reveal the source of the information;
4.1.3. If a licensed healthcare professional has determined, in the exercise of professional
judgment, that the access requested is reasonably likely to endanger the life or physical safety of
the individual or another person;
4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a
licensed health professional has determined, in the exercise of professional judgment, that the
access requested is reasonably likely to cause substantial harm to that person; or
4.1.5. If the request for access is made by a requestor as a personal representative of the individual
and a licensed health professional has determined, in the exercise of professional judgment, that
access is reasonably likely to cause harm to the individual or another person.
4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above,
then the patient may request a review of the denial of access by sending a written request to the
HIPAA Compliance Officer.
4.2.1. Ada County Paramedics will designate a licensed health professional,who was not directly
involved in the denial, to review the decision to deny the patient access. Ada County Paramedics
will promptly refer the request to this designated review official.The review official will determine
within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will
provide the patient with written notice of the determination of the designated reviewing official.
4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics'
"Procedure for Filing Complaints About Privacy Practices" if the patient is not satisfied with Ada
County Paramedics' determination.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Ada County Paramedics Policy on Designated Record Sets
Purpose
To ensure that Ada County Paramedics patients and their authorized representatives are granted
rights regarding Protected Health Information ("PHI") in accordance with the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada
County Paramedics should be accessible to patients as a part of a Designated Record Set("DRS").
Under HIPAA,a DRS includes medical records that are created or used by Ada County Paramedics
to make decisions about the patient.
Departments Affected
201.03.01 Patient Care Records, Administration, Billing
Policy
The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient
requests related to PHI and for ensuring that the correct information is made part of the Designated
Record Set.
Procedures
1. The DRS should only include PHI as defined under HIPAA, and should be comprised of
individually identifiable healthcare and billing information created, received, maintained, or
transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions
about individuals.
2. The HIPAA Compliance Officer shall be the party in charge of designating what
information is part of a DRS at ACP and for ensuring that appropriate information is being
maintained by ACP in its designated record sets.
3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI
includes the following records (claim and insurance information is included only if specifically
requested):
3.1. Electronic health reports ("EHR") created or received by Ada County Paramedics and
ACCESS agencies and supplementary information regarding the patient's condition. This includes
any photos, videos, monitor strips, Refusal of care forms, or information from other sources used
by ACP or ACCESS agencies to treat patients.
3.2. The electronic claims records or other paper records of submission of actual claims to
Medicare or other insurance companies.
3.3. Any patient-specific claim and billing information, including responses from insurance
payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens,
patient account statements, and signature authorization and agreement to pay documents.
3.4. Notices from insurance companies indicating coverage determinations, documentation
submitted by the patient, and copies of the patient's insurance card or policy coverage summary,
that relate directly to the care of the patient or payment for that care.
3.5. Amendments to PHI, or statements of disagreement by the patient requesting the
amendment when PHI is not amended upon request, or an accurate summary of the statement of
disagreement.
3.6. Any treatment related records created by other parties such as first responder units,
assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor's
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
offices, police departments, coroner's offices, etc., that are used by Ada County Paramedics or
ACCESS agencies for treatment and payment related purposes.
4. A designated record set should not include:
4.1. Quality assurance data collected and maintained for peer review purposes
4.2. Accident Reports
4.3. Incident Reports
4.4. Data collected and maintained for research
4.5. Information compiled in reasonable anticipation of litigation or administrative action
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Ada County Paramedics Policy on HIPAA
Purpose
The following Policy has been developed by Ada County/City Emergency Medical Services
System (ACCESS) to comply with requirements imposed by Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and Idaho Code.
Departments Affected
201.03.02 Distributing Medical Records, Administration, Billing, Compliance, Field Operations,
Logistics, Training
Policy
All employees of the ACCESS System participating agencies shall comply with the privacy
practices of the System as set forth in the procedures below.
Procedures
1. BACKGROUND
1.1. In 1996, Congress passed HIPAA to address multiple health care issues including
administrative simplification. The administrative simplification provisions of HIPAA mandate
compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions.
Compliance with the Privacy Rule has been mandatory for all health care providers since April 14,
2003. The law severely restricts the disclosure of patient health information(PHI) and establishes
civil and criminal penalties for violation. The goal of the HIPAA privacy rule is to protect patient's
right to confidentiality in matters involving their healthcare.
1.2. PHI refers to individually identifiable health information, as defined by HIPAA, that is
created or received by EMS and relates to the past,present, or future physical or mental condition
of an individual; the provision of health care to an individual; or the payment for the provision of
health care to an individual at any time; and that identifies the individual or for which there is a
reasonable basis to believe the information can be used to identify the individual. An"individual"
includes all persons, whether living or deceased.
2. CUSTODIAN OF RECORD
2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed. John Blake, Deputy
Director of Ada County Paramedics, is the designated Custodian of Records for HIPAA
coordination, recordation, and compliance purposes. In John Blake's absence, the Custodian of
Records will be his named designee.
2.2. Deputy Director John Blake has been appointed the HIPAA Compliance Officer and is the
primary contact for all HIPAA compliance issues and concerns.
3. ENFORCEMENT
3.1. Effective February 17,2010,the Department of Health and Human Services(HHS)will be
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
required to conduct periodic audits to ensure that covered entities and their business associate are
complying with their obligations under HIPAA.
4. PENALTIES FOR NON-COMPLIANCE
4.1. Federal Code specifies that violations of the Privacy Rule can result in both civil monetary
penalties and criminal sanctions. This may include criminal sanctions against any person who
obtains or discloses individually identifiable health information which that person obtained or
disclosed without authorization from the covered entity.
5. PROCEDURE FOR NOTIFICATION:
5.1. All patients shall be provided a copy of the "Notice of Privacy Practices" document. This
notice tells patients about their rights under HIPAA and contains information about ACCESS's
privacy policies and procedures. This is also provided on ACP's website
(www.adacountyparamedics.org) and can be obtained at the front counter of the ACP Business
Office.
5.2. EMS field staff is required to obtain a fully completed and signed"Assignment of Benefits
& Privacy Acknowledgment Form" from the patient for each call. This form serves as
acknowledgment that the patient has received the Notice of Privacy information. If a personal
representative signs this document,the representative's relationship to the patient must be checked.
5.3. This form must be kept digitally with the electronic medical record, and any hard-copy
originals returned to the ACP Administrative Office per record keeping requirements.
6. HIPAA TRAINING
6.1. All new hires, including temporary help,will receive HIPAA training and complete a short
test within a reasonable time period. Members of the workforce will read, agree, and sign the
HIPAA Security and Confidentiality Agreement concerning information learned during the course
of employment along with the Documentation of Employee Training (see HIPAA Security and
Confidentiality Agreement and Employee HIPAA Training). Annually thereafter, each employee
will review HIPAA training as necessary and appropriate for the staff to conduct their job.
7. PROTECTED HEALTH INFORMATION (PHI)
7.1. HIPAA defines PHI broadly as any health information, including patient demographics,
that is created or received by a provider and:
7.1.1. Relates to the past,present or future physical or mental health condition of a patient.
7.1.2. That identifies or can be reasonably used to identify a patient.
7.2. PHI can be in any format including oral, written or electronic. The following are some
examples of PHI:
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
7.2.1. Patient Care Reports
7.2.2. Medical necessity forms
7.2.3. Patient bills
7.2.4. Claim forms
7.2.5. Records from other facilities
7.2.6. Photos &Video
7.3. You cannot use or disclose PHI for any purpose unless permitted under HIPAA. This
applies to patients that are alive and deceased. PHI is completely confidential and is the property
of the organization.
8. REQUIRED DISCLOSURES
8.1. Patient's Rights of Access and Accounting: You must disclose PHI to a patient or their
authorized representative upon their request for access to their PHI. You must also render an
accounting of all disclosures of a patient's PHI upon request.
8.2. Disclosures to HHS: You must disclose PHI to HHS in connection with its investigation
of complaints, its performance of compliance reviews, or other enforcement activities.
9. PERMITTED USES OR DISCLOSURES
9.1. Treatment: PHI may be used to provide, coordinate, or manage a patient's health care and
any related services. This includes the coordination or management of health care with a third
party for treatment purposes.
9.2. Payment: Includes activities related to your efforts to obtain payment or to be reimbursed
for services provided, and includes insurance eligibility determinations,the filing and pursuing of
insurance claims, your collection activities, etc.
9.3. Operations: Includes quality assessment and improvement activities, licensing and other
credentialing activities, conducting internal medical reviews,business planning and development,
and other similar activities.
9.4. Most uses or disclosures of PHI by ACCESS will be for treatment,payment, or health care
operations purposes, and would not require the patient's authorization or consent.
10. Uses or Disclosures in the Public Interest
10.1. The Privacy Rule permits you to use or disclose a patient's PHI in certain situations where
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
the public interest is being served. These permitted uses and disclosures are set out in the
regulations at 45 C.F.R. 164.512. You may use or disclose a patient's PHI where required by law,
however, you must be careful to limit the disclosure of PHI to the minimum amount needed to
comply with the law. Some examples of these situations are:
10.1.1. Patient consent--45 Code of Federal Regulations (CFR)
164.508 permits use or disclosure of PHI with a signed patient authorization
10.1.2. Public health activities—PHI may be released to "proper authorities" as required by
reporting laws relating to a communicable disease, injury, birth, & death, and for public health
investigations pursuant to applicable state and/or federal law.
10.1.3. Coroner—EMS may disclose personal health information to the County Coroner as
required by law.
10.1.4. Military—EMS may disclose a patient's PHI if he or she is a member of the military as
required by armed forces services.
10.1.5. Averting a serious threat to health or safety—PHI may be disclosed or used if necessary to
prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
10.1.6. Victim abuse, neglect, or domestic violence—EMS may disclose PHI to the proper
authorities, including government authorities, if it suspects child abuse or neglect.
10.1.7. Reporting crime in emergencies—When EMS is providing emergency health care it may
disclose PHI to a law enforcement official if such disclosure appears necessary to alert law
enforcement to:
10.1.7.1. Commission and nature of a crime.
10.1.7.2. Location of a crime or of the victims of such a crime.
10.1.7.3. Identity, description, and location of the perpetrator of such crime.
10.1.S. EMS may release PHI required by court order or court ordered warrant or a subpoena or
summons issued by a judicial officer.
10.1.9. Requests for records from attorneys generally must receive a written authorization from
the patient to release the medical records. All requests for release of records will be processed
through Ada County Paramedics.
10.1.10. ACCESS may release personal health information to a family member, other
relative, or close personal friend or other individual involved in the patient's care if ACCESS
personnel obtain the patient's verbal agreement to do so (if by telephone -verify birth date, Social
Security Number, address, &Phone number), or if EMS gives the patient an opportunity to object
to such a disclosure and the patient does not raise an objection; and in certain other circumstances
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
where ACCESS is unable to obtain the patient's agreement and believes the disclosure is in the
patient's best interest.
10.1.11. It is OK to share information with patients when they request it, b u t verify (birth
date, Social Security Number, address, &Phone number)their identity. If the request is in person,
ask for ID, have them complete a record request form, and notate in account.
11. Minimum Necessary Rule
11.1. In all instances,only the information that is necessary and appropriate may be released. Do
not disclose PHI via blog, web site, discussion group, social network, or other public place even
when you believe the information is "de-identified" unless the information is reviewed and
approved by the Compliance Officer or designee. Posts on social media sites can give enough info
for friends and family to recognize patient. Names do not have to be included to be a violation.
11.2. If there is a question as to the appropriate release of information, the employee should
contact an Ada County Paramedics Battalion Chief for clarification. If an employee believes that
they may have inadvertently released PHI in error, they must notify their supervisor in writing of
that disclosure. The Compliance Officer is the custodian of patient records and must authorize
release of all PHI generated within this System. All records within the System that contain PHI
are to be kept secure at all times and locked up when not being used for legitimate purposes.
11.3. Non-compliance with this policy may follow the disciplinary process.
12. Incidental Uses and Disclosures
12.1. The Privacy Rule does not expect our system to guarantee the privacy of a patient's PHI
against all potential risks. So longs as you have implemented reasonable safeguards to minimize
the risk of accidental use or disclosure and you comply with the minimum necessary standard, the
Privacy Rule will permit incidental uses and disclosures.
12.1.1. The HHS Office of Civil Rights has defined an incidental use or disclosure as"a secondary
use or disclosure than cannot reasonably be prevented, is limited in nature, and that occurs as a
result of another use or disclosure that is permitted by the Rule."
12.2. For example, where multiple patients are taken in an ambulance, it is possible that one
patient could overhear you discussing the condition of the second patient. There will be times this
disclosure is unavoidable and it would be permitted so long as it was related to patient treatment.
12.3. ACCESS crews should take every opportunity to minimize these disclosures, but where it
is unavoidable, focus first on patient care and treatments.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
13. PATIENT RIGHTS:
13.1. The Privacy Rule granted patients important new rights with respect to their PHI
information. These rights include:
13.1.1. Access to their own PHI.
13.1.2. Ask for amendments if they believe their PHI to be inaccurate.
13.1.2.1. Must grant or deny a requested amendment within 60 days of receipt of patient's
request.
13.1.2.2. If granted, we must revise the affected records and notify other persons or entities
that might possess the same PHI.
13.1.2.3. A denial of the patient's request for access must be in writing, and must give the
patient the grounds upon which the request is being denied.
13.1.2.4. Denial must also advise patient of their right to submit a written statement
disagreeing with our denial, and advise patient of their right to file a complaint with the HHS.
13.1.2.5. If another covered entity notifies us that it has amended records related to a patient's
PHI, we are required to amend any affected records in our possession.
13.1.3. Make complaints regarding organization's use or misuse of their PHI. See "Complaint
Handling and Resolution Policy".
13.1.4. Access PHI in electronic format if PHI is in electronic format.
13.1.5. Request to not use PHI to submit claim to insurer for payment if they pay the entire billing
in full
13.1.6. Receive `accounting' of all non TPO disclosures.
14. HIPAA BREACH NOTIFICATION:
14.1. Section 13402 of the American Reinvestment and Recovery Act of 2009 added the
requirement that covered entities notify the affected individual upon the unauthorized use or
disclosure of PHI in their possession.
14.2. A breach is treated as "discovered" on the first day we learn of the breach or could have
learned of the breach had we exercised reasonable diligence.
14.3. When required to notify an affected individual, it must be by first class mail to the
individual's last known address. We can give notification via email if individual has previously
agreed to receive such notifications by email. Where an individual is deceased,notification should
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
be made to the next of kin or the individual's personal representative.
14.4. If the contact information is out-of-date for fewer than 10 individuals, substitute notice can
be made by telephone or other means. If it is out- of-date for 10 or more individuals, substitute
notice can be given in the form of:
14.4.1. A conspicuous posting for at least 90 days on home page of website.
14.4.2. A conspicuous notice in a major newspaper or on a broadcast network
14.4.3. For breaches involving the unsecured PHI of 500 or more individuals—please contact your
Compliance Officer as there are specific requirements to follow-up.
15. ELECTRONIC PHI
15.1. Every user should have unique ID and password, and take security precautions, especially
when electronic devices are left unattended. DO NOT SHARE PASSWORDS or download copies
of patient data onto thumb drive or other portable device unless authorized to do so. Do not give
lock combinations to an unauthorized person.
16. SUMMARY
16.1. PHI maybe used for treatment or patient care,payment, and healthcare operations (TPO).
16.2. The HIPAA Compliance Officer, Steve Boyenger, ACP, oversees policies and procedures
and should be first point of contact.
16.3. PHI may be disclosed to law enforcement in limited, specific situations.
16.4. Take extra attention when:
16.4.1. Communicating with media
16.4.2. Using social networking sites
16.4.3. Texting, posting, or blogging about any patient information
16.4.4. Releasing, verifying, or confirming patient information
16.5. Get written authorization from patient or personal representative when fulfilling requests
for PHI from attorneys. All requests for PHI will be handled by the Ada County Paramedics
administration office.
APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A
Statement of Purpose for Amendments to:
RESTATED AND AMENDED
JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF
EMERGENCY MEDICAL SERVICES IN ADA COUNTY
Purpose of Proposed Amendments to the Agreement:
1. To provide for the inclusion of Middleton Rural Fire District ("Middleton") as a member
of the Ada County-City EMS System ("ACCESS"), which is a single EMS entity license
issued by the state of Idaho.
If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at
ACEMS at swinn@adacounty.id.gov
W IDIAN�
AGENDA ITEM
ITEM TOPIC: Idaho Transportation Department Local Professional Services Agreement
between Idaho Transportation Department, The City of Meridian, and Keller Associates for the
Local, Rail with Trail Pathway Project#A013(918) in Meridian for the Not-To-Exceed amount of
$182,995.27
C�
fIEN .D L4,,
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Keith Watts Meeting Date: 9/26/2023
Presenter: N/A Estimated Time: N/A
Topic: ITD Local Professional Services Agreement between ITD, The City and Keller
Associates for the Local, Rail With Trail Pathway Project#A013(918) in Meridian
for the Not-To-Exceed amount of$182,995.27
Recommended Council Action:
Approval of ITD Local Professional Services Agreement between ITD, The City and Keller
Associates for the Local, Rail With Trail Pathway Project#A013(918) for the Not-To-Exceed
amount of$182,995.27.
Background:
This project is utilizing LHTAC Funds.
DocuSign Envelope ID:9122EDE9-E382-41F9-90A9-49A9FF305E41
Idaho Transportation Department
Local Professional Services Agreement
Agreement#: 96439
THIS AGREEMENT is made and entered into this 3rd day of October 2023 ,by and between the
CITY OF MERIDIAN,whose address is 33 E. Broadway Ave., Ste 206 Meridian, ID 83642,hereinafter called the
"Sponsor," and Keller Associates, Inc.,whose address is 100 East Bower Street, Suite 110, , Meridian, ID, 83642,
hereinafter called the "Consultant."
RATIFICATION
The Idaho Transportation Department,representing the Federal Highway Administration on all local federal-aid highway
projects, is authorized to ratify all agreements for engineering services entered into between sponsoring local agencies
and their retained consultants.All references to State used hereafter shall denote the Idaho Transportation Department.
NOW,THEREFORE,the parties hereby agree as follows:
The work covered by this Agreement is for the following project(s):
Project Name Project# Key#
LOCAL, RAIL WITH TRAIL A013(918) 13918
PATHWAY,MERIDIAN
SUBCONSULTANTS
The State approves the Consultant's utilization of the following Subconsultants:
Atlas Technical Consultants LLC
AGREEMENT ADMINISTRATOR
This Agreement shall be administered by Amanda LaMott, Safety TAP Engineer,LHTAC; (208) 344-0565; or an
authorized representative.
DUTIES AND RESPONSIBILITIES OF CONSULTANT
A. DESCRIPTION OF WORK
The Consultant shall provide professional services as outlined in the attachment(s) and as further described herein.
1. The following attachments are made a part of this Agreement:
a. Attachment No. 1L is the Consultant Agreement Specifications which are applicable to all agreements.
b. Attachment No. 2 is the negotiated Scope of Work, Cost Estimate, and Man-Day Estimate.
In the case of discrepancy,this Agreement shall have precedence over Attachment No. 2, and Attachment No. 2
shall have precedence over Attachment No. 1.
2. Per Diem will be reimbursed at the current approved rates. These rates are listed at http://itd.idaho.gov/business/?
target=consultant-agreements .
DUTIES AND RESPONSIBILITIES OF SPONSOR AND/OR STATE
The Sponsor and/or State shall provide to the Consultant,upon request, copies of any records or data on hand which are
pertinent to the work under the Agreement.
TIME AND NOTICE TO PROCEED
A. The Consultant shall start work under this Agreement no later than ten(10) calendar days from the receipt of the
written notice to proceed with the work. The Consultant shall complete all work by 12/30/2025.
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
B. The Consultant shall remain available to perform additional work for an additional sixty(60) days or until the
Agreement is closed out,whichever comes first.
BASIS OF PAYMENT
A. Payment Basis: Cost Plus Fixed Fee
B. Compensation Amount
1.Not-To-Exceed Amount: $182,995.00
2. Additional Services Amount: $0.00
3. Total Agreement Amount: $182,995.00
C. Fixed Fee Amount: $19,132.00 (This is included in the Total Agreement Amount.)
D. Approved Overhead Rates for Prime Consultant and Subconsultants
Keller Associates, Inc. 171.26%
Atlas Technical Consultants LLC 129.57%
E. Reasonable increases in labor rates during the life of this Agreement will be accepted. Payroll additive rate, general
administrative overhead rate, and unit prices are subject to adjustment during the life of this Agreement based on audit
and negotiations. If the State approves an adjustment to the overhead rate or unit prices,the Consultant must then
submit a written request to the Agreement Administrator requesting use of the approved rate(s) on this agreement. If
the new rate(s) are accepted by the Agreement Administrator,they shall apply from the date the written request was
made to the Agreement Administrator.An adjustment shall not change the Non-To-Exceed amount of the Agreement.
For projects of duration greater than two years,the Not-To-Exceed amount may be negotiated. In no case will rates be
adjusted more than once per agreement year.
F. Professional Services Authorization and Invoice Summary(Authorization)No. 1 is issued in the amount of
$100,000.00 to begin the work of this Agreement. The remaining amount will be issued by consecutive
Authorizations.
An additional services amount may be included in this Agreement. If so,the Sponsor will determine if additional
services is required beyond the services outlined in Attachment No. 2. When additional services are required,the
additional services amount of the Agreement will be utilized, and a subsequent Authorization will be issued.
IN WITNESS WHEREOF,the Parties hereto have set their hands on the day and year in this Agreement first written
above.
KELLER ASSOCIATES, INC. CITY OF MERIDIAN
Consultant DocuSigned by:
By:
Egat742DLocal Sponsor
... By:
Title: Principal Title: Robert E. Simison, Mayor 10-3-2023
Attest: 10-3-2023
By Chris Johnson, City Clerk
IDAHO TRANSPORTATION DEPARTMENT
Title:
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
ATTACHMENT NO. 1 L
CONSULTANT AGREEMENT SPECIFICATIONS
These specifications supplement Local Professional Services Agreements and shall be attached to said Agreements.
A. DEFINITIONS
1. Administrator: Person directly responsible for administering the Professional Services Agreement
(Agreement)on behalf of the Local Public Agency.
2. Combined Overhead: The sum of the payroll additives and general administrative overhead
expressed as a percent of the direct labor cost.
3. Cost: Cost is the sum of the hourly charge out rate and other direct costs.
4. Cost Plus Fixed Fee: Cost Plus Fixed Fee is the sum of the payroll costs, combined overhead, and
other direct costs, plus the fixed fee.
5. CPM: Critical Path Scheduling. The CPM will list work tasks, their durations, milestones and their
dates, and State/Local review periods.
6. Fixed Fee: A dollar amount established to cover the Consultant's profit and business expenses not
allocable to overhead. The fixed fee is based on a negotiated percent of direct labor cost and
combined overhead and shall take into account the size, complexity, duration, and degree of risk
involved in the work. The fee is"fixed," i.e. it does not change. If extra work is authorized, an
additional fixed fee can be negotiated, if appropriate.
7. General Administrative Overhead (Indirect Expenses): The allowable overhead (indirect
expenses)expressed as a percent of the direct labor cost.
8. Hourly Charge Out Rate: The negotiated hourly rate to be paid to the Consultant which includes all
overhead for time worked directly on the project.
9. Incentive/Disincentive Clause: Allows for the increase or decrease of total Agreement amount
paid based on factors established in the Agreement. Normally, these factors will be completion time
and completion under budget.
10. Lump Sum: An agreed upon total amount, that will constitute full payment for all work described in
the Agreement.
11. Milestones: Negotiated portions of projects to be completed within the negotiated time frame.
Normally the time frame will be negotiated as a calendar date, but it could also be"working" or
"calendar"days. As many milestones as the Consultant and the State/Sponsor believe necessary for
the satisfactory completion of the Agreement will be negotiated.
12. Not-To-Exceed Amount: The Agreement amount is considered to be a Not-to-Exceed amount,
which amount shall be the maximum amount payable and shall not be exceeded unless adjusted by
a Supplemental Agreement.
13. Other Direct Costs: The out-of-pocket costs and expenses directly related to the project that are
not a part of the normal company overhead expense.
14. Payroll Additives: All payroll additives allocable to payroll costs such as FICA, State
Unemployment Compensation, Federal Unemployment Compensation, Group Insurance, Workmen's
Compensation, Holiday, Vacation, and Sick Leave. The payroll additive is expressed as a percent of
the direct labor cost.
Revised June 2019 Page 1 of 12
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
15. Payroll Costs (Direct Labor Cost): The actual salaries paid to personnel for the time worked
directly on the project. Payroll costs are referred to as direct labor cost.
16. Per Diem Rates: Per Diem will be reimbursed at actual cost. However, reimbursements shall not
exceed the current approved rates. The current rates are listed on the following Web site:
http://itd.idaho.gov/business/?target=consultant-agreements .
17. Standard of Care: The level or quality of service ordinarily provided by normally competent
practitioners of good standing in that field, contemporaneously providing similar services in the same
locality and under the same circumstances.
18. State: Normally"State" refers to the Idaho Transportation Department.
19. Sponsor: The"Sponsor" refers to the local public agency.
20. Unit Prices: The allowable charge out rate for units or items directly related to the project that are
not a part of the normal overhead expense.
NOTE: All cost accounting procedures, definitions of terms, payroll cost, payroll additives, general
administrative overhead, direct cost, and fixed fee shall comply with Federal Acquisition Regulations, 48 CFR,
Part 31, and be supported by audit accepted by the State.
B. STANDARDS OF PERFORMANCE
Except as otherwise specifically provided for in the Consultant's Scope of Work, the Consultant agrees that
all work performed under the Agreement will be performed in accordance with Idaho Transportation
Department Standards and other appropriate standards with generally acceptable standard of care. When
the work is of a nature that requires checking, the checking shall be performed by a qualified person other
than the one who performed the work.
C. AGREEMENT ADMINISTRATOR
The Agreement Administrator will administer the Agreement for performance and payment, and will decide all
questions which may arise as to quality and acceptability of the work, rate of progress, definition of work to be
performed, completion of milestones, and acceptable fulfillment of the Agreement. The Consultant shall
address all correspondence, make all requests, and deliver all documents to the Administrator. The
Administrator shall be responsible for the timely coordination of all reviews performed by the State or their
representatives.
D. PERSONNEL
The Consultant shall provide adequate staff of experienced personnel or Subconsultants capable of and
devoted to the successful accomplishment of work to be performed under the Agreement. The specific
individuals or Subconsultants listed in this Agreement, including Project Manager, shall be subject to approval
by the State and shall not be removed or replaced without the prior written approval of ITD. Replacement
personnel submitted for approval must have qualifications, experience and expertise at least equal to those
listed in the proposal.
E. SUBCONSULTANTS
The Consultant shall have sole responsibility for the management,direction, and control of each Subconsultant
and shall be responsible and liable to the Sponsor for the satisfactory performance and quality of work
performed by Subconsultants under the terms and conditions of this Agreement. The Consultant shall include
all the applicable terms and conditions of this Agreement in each Subconsultant Agreement between the
Consultant and Subconsultant, and provide the State with a copy of each Subconsultant Agreement prior to
the Subconsultant beginning work. No other Subconsultant shall be used by the Consultant without prior written
consent by the State.
Revised June 2019 Page 2 of 12
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
F. PROFESSIONAL SERVICES AUTHORIZATION
1. A written PROFESSIONAL SERVICES AUTHORIZATION (PSA)will be issued by the State to
authorize the Consultant to proceed with a specific portion of the work under this Agreement. The
number of PSAs required to accomplish all the work under this Agreement is one to several. Each
PSA will authorize a maximum dollar amount and specify the milestone(s)for which the PSA
represents. The Sponsor assumes no obligation of any kind for expenses incurred by the Consultant
prior to the issuance of the PSA;for any expenses incurred by the Consultant for services performed
outside the work authorized by the PSA; and for any dollar amount greater than authorized by the
PSA.
2. The Consultant's work of this Agreement will be divided into milestones, each governed by a
separate PSA. It is not necessary for a PSA to be completed prior to the issuance of the next PSA.
The Consultant shall not perform work which has not been authorized by a PSA. When the money
authorized by a PSA is nearly exhausted, the Consultant shall inform the Administrator and shall
identify the need for additional authorization via issuance of the next PSA. The Administrator must
concur with the Consultant prior to the issuance of the next PSA.
3. The Agreement is lump sum, unit cost, or cost plus fixed fee amount as indicated in this Agreement
and may include an Additional Services amount for possible extra work not contemplated in the
original scope of work. For the Consultant to receive payment for any work under the Additional
Services Amount of this Agreement, said work must be authorized and performed under a PSA
issued by the State specifically for the extra work. Should the Sponsor request that the Consultant
perform additional services, the scope of work and method of payment will be negotiated. The basis
of payment for additional work will be set up either as a Lump Sum or Cost Plus Fixed Fee.
G. PROJECT SCHEDULING
All negotiated agreements shall be accompanied by a critical path method schedule (CPM Schedule). The
CPM Schedule will list the work tasks for the Agreement, their duration, negotiated milestones and their
completion dates, including State/Local review periods. The format of this schedule shall be agreed on prior
to signing the Agreement.
Along with the monthly progress report, the Consultant shall provide monthly CPM Schedule updates to the
Agreement Administrator for approval. The CPM schedule shall show project percent completed on each
task.
H. MONTHLY PROGRESS REPORT
The Consultant shall submit to the State a monthly progress report on Form ITD-771, as furnished by the
State.When no work will be performed for a period of time, this requirement can be waived by written notice
from the Agreement Administrator. However, at such time as work re-commences, the monthly progress
reports shall resume.
The Consultant shall provide monthly progress schedule (CPM) updates to the Agreement Administrator.
The monthly progress report and schedule update will be submitted by the tenth of each month following the
month being reported or as otherwise agreed to in the approved scope of work.
The Agreement Administrator will review the progress report and submit approved invoices for payment
within two weeks of receiving the invoice, the associated monthly report and the schedule update.
Each progress report shall list invoices by PSA number and reference milestones.
I. PROGRESS AND FINAL PAYMENTS
1. Progress payments will be made once a month for services performed which qualify for payment
under the terms and conditions of the Agreement. Such payment will be made based on invoices
submitted by the Consultant in the format required by the State. The monthly invoice shall be
submitted no later than the tenth of each month following the month being invoiced.
Revised June 2019 Page 3 of 12
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
Lump Sum
Progress payments will be made based on a percentage of the work or milestones
satisfactorily completed.
Cost Plus Fixed Fee
The Consultant shall submit a breakdown of costs by each item of work on the monthly
invoice, and shall show the percent complete of each item of work, each milestone and
percent complete of the entire Agreement. Progress payments will be made based on the
invoice cost less the fixed fee for the work satisfactorily completed for each invoicing period.
Said payment shall not exceed the percent complete of the entire Agreement. Upon
satisfactory completion of each milestone,full payment for all approved work performed for
that milestone will be made, including Fixed Fee.
Cost
The Consultant shall submit a breakdown of costs by each item of work on the monthly
invoice, and shall show the percent complete of each item of work and percent complete of
the entire Agreement. Progress payments will be made based on the invoiced cost for the
work satisfactorily completed for each item of work. Said payment shall not exceed the
percent complete of the entire Agreement.
Direct expenses will be reimbursed at actual cost, not to exceed the current approved rates as
identified at http://itd.idaho.gov/business/?target=consultant-agreements .
For"Cost Plus Fixed Fee"and "Cost"agreements, invoices must include backup documentation to
support expenditures as appropriate, and as requested by the Agreement Administrator. Such
support may consist of copies of time sheets or cost accounting system print-out of employee time,
and receipts for direct expenses.
2. The Sponsor will make full payment for the value of the services performed which qualify for
payment. This full payment will apply until 95 percent of the work under each Project Agreement PSA
or Supplemental Agreement has been completed. No further progress payments will be made until
all work under the Agreement has been satisfactorily accomplished and accepted by the Sponsor. If
at any time, the Sponsor determines that the work is not progressing in a satisfactory manner, further
payments may be suspended or withheld for sums that are deemed appropriate for unsatisfactory
services.
3. Final payment of all amounts retained shall be due 60 days after all work under the Agreement has
been completed by the Consultant and accepted by the Sponsor. Such final payment will not be
made until satisfactory evidence by affidavit is submitted to the State that all indebtedness incurred
by the Consultant on this project has been fully satisfied.
4. Agreements which include an incentive/disincentive clause will normally have the clause applied only
to the completion of the BID OPENING milestone. If the project is deemed by the Sponsor to be
ready for advertisement, but advertisement is postponed at no fault of the Consultant, any incentive
earned will be paid.
5. Payments to Subconsultants
The Consultant shall pay each subconsultant for satisfactory performance of its contract items no
later than twenty(20)calendar days from receipt of each payment the Consultant receives from the
State under this Agreement, in accordance with 49 CFR, Part 26. The Consultant shall return
retainage payments to each subconsultant within twenty(20)calendar days after the subconsultant's
work is satisfactorily completed. The Consultant will verify that payment or retainage has been
released to the subconsultant or suppliers within the specified time for each partial payment or partial
acceptance by the Department through entries in the Department's online diversity tracking system
during the corresponding monthly audits.
Prompt payment will be monitored and enforced through the Consultant's reporting of monthly
payments to its subconsultants and suppliers in the online diversity tracking system. Subconsultants,
including lower tier subconsultants, suppliers, or both, will confirm the timeliness and the payment
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amounts received utilizing the online diversity tracking system. Discrepancies will be investigated by
the Contract Compliance Officer and the Contract Administrator. Payments to the subconsultants,
including lower tier subconsultants, and including retainage release after the subconsultant or lower
tier subconsultant's work has been accepted, will be reported monthly by the Consultant or the
subconsultant.
The Consultant will ensure its subconsultants, including lower tier subconsultants, and suppliers
meet these requirements.
J. MISCELLANEOUS PROVISIONS
1. COVENANT AGAINST CONTINGENT FEES
a. The Consultant warrants that they have not:
Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person to solicit or secure this Agreement, other than a bona fide
employee of the firm;
agreed, as an expressed or implied condition for obtaining this Agreement, to employ or
retain the services of any firm or person in connection with carrying out this Agreement, or;
paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
of the firm)any fee, contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement.
b. The Sponsor warrants that the above Consultant or its representative has not been required,
directly or indirectly as an expressed or implied condition in connection with obtaining or
carrying out this Agreement.
Employ or retain, or agree to employ or retain, any firm or person, or;
pay, or agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind.
2. PROHIBITION AGAINST HIRING PERSONNEL AND WORKING FOR CONTRACTOR
In compliance with the Code of Federal Regulations, (23 CFR, Section 1.33, Conflict of Interest), the
Consultant agrees that no one in their employ will work on a part time basis under this Agreement
while also in the full-time employ of any Federal Agency, the State, or the Sponsor, without the
written consent of the public employer of such person. The Consultant agrees that no one in their
employ under any circumstances shall perform any services for the contractor on the construction of
this project.
3. CHANGES IN WORK
All changes in work shall conform to one or more of the following conditions and in no instance shall
such change in work be undertaken without written order or written approval of the Sponsor.
a. Increase in the work required by the Sponsor due to unforeseen circumstances.
b. Revision in the work required by the Sponsor subsequent to acceptance of such work at the
appropriate conference or after revision of such work as outlined at said conference.
C. Items of work which are beyond the scope of intent of this Agreement and pre-approved by
the Sponsor.
d. Reduction in the work required by the Sponsor due to unforeseen circumstances.
An increase in compensation will be considered when Department Design Standards or expectations
have changed from the time of negotiation.
Adjustment in compensation for either an increase or reduction in work shall be on a negotiated
basis arrived at by mutual agreement between the Sponsor and the Consultant. During such
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negotiations the Sponsor may examine the documented payrolls, transportation and subsistence
costs paid employees actively engaged in the performance of a similar item or items of work on the
project, and by estimated overhead and profit from such similar items or items of work.
Said mutual agreement for a negotiated increase or reduction in compensation shall be determined
prior to commencement of operations for an increase in a specific item or items of work. In the case
of Sponsor order for nonperformance, a reduction in the specific item or items of work will be made
as soon as circumstances permit. In the event that a mutual agreement is not reached in
negotiations for an increase in work, the Sponsor will use other methods to perform such item or
items of work.
The mutually agreed amount shall be covered by a Supplemental Agreement and shall be added to
or subtracted from the total amount of the original Agreement.
Adjustment of time to complete the work as may pertain to an increase or a reduction in the work
shall be arrived at by mutual agreement of the Sponsor and the Consultant after study of the change
in scope of the work.
4. DELAYS AND EXTENSIONS
Time adjustment may occur when the negotiated scope of work is increased or reduced through
mutual agreement of the State and the Consultant.
Extensions of time may be granted for the following reasons:
a) Delays in major portions of the work caused by excessive time used in processing of
submittals, delays caused by the State, or other similar items which are beyond the
control of the Consultant.
b) Additional work ordered in writing by the Sponsor.
c) Department Design Standards have changed or expectations have changed from the
time of negotiation.
5. TERMINATION
The Sponsor may terminate or abandon this Agreement at any time, without further obligation, upon
giving notice of termination as hereinafter provided, for any of the following reasons:
a. Evidence that progress is being delayed consistently below the progress required in the
current approved CPM Schedule.
b. Continued submission of sub-standard work.
C. Violation of any of the terms or conditions set forth in the Agreement, other than for the
reasons set forth in a. and b. above.
d. At the convenience of the Sponsor.
Prior to giving notice of termination for the reasons set forth in a through c above, the Sponsor shall
notify the Consultant in writing of any deficiencies or default in performance of the terms of this
Agreement, and Consultant shall have ten (10)days thereafter in which to correct or remedy such
default or deficiency. Upon their failure to do so within said ten (10)days, or for the reasons set forth
in c above, such notice of termination in writing shall be given by the Sponsor. Upon receipt of said
notice the Consultant shall immediately discontinue all work and service unless directed otherwise,
and shall transfer all documents pertaining to the work and services covered under this Agreement,
to the Sponsor. Upon receipt by the Sponsor of said documents, payment shall be made to
Consultant as provided herein for all acceptable work and services.
6. DISPUTES
Should any dispute arise as to performance or abnormal conditions affecting the work, such dispute
shall be referred to the Sponsor and the Director of the Idaho Transportation Department or his duly
authorized representative(s)for determination.
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Such determination shall be final and conclusive unless, within thirty(30)days of receipt of the
decision Consultant files for mediation or arbitration. Consultant agrees that any mediation or
arbitration hearing shall be conducted in Boise, Idaho. Consultant and Sponsor agree to be bound
by the mediation agreement or the decision of the arbitration. Expenses incurred due to the
mediation or arbitration will be shared equally by the Consultant and the Sponsor.
7. ACCEPTANCE OF WORK
a. The Consultant represents that all work submitted shall be in accordance with generally
accepted professional practices and shall meet tolerances of accuracy required by State
practices and procedures.
b. Acceptance of work will occur at phases appropriate to the terms of the Agreement and level
of detail required by the State in its project development procedures.
C. It is understood by the Consultant that the Sponsor is relying upon the professional expertise
and ability of the Consultant in performance of the Agreement. Any examination of the
Consultant's work product by the State/Sponsor will not be considered acceptance or
approval of the work product which would relieve the Consultant for any liability or expense.
Consultant is solely responsible for the propriety and integrity of its work product.
Acceptance or approval of any portion of Consultant's work product by the Sponsor for
payment, partial or final, shall not constitute a waiver of any rights the Sponsor may have
against the Consultant. If due to errors, omissions and negligent acts by the Consultant, or
its Subconsultants, agents or employees, in its work product, the Consultant shall make
corrections to its work product at no expense to the Sponsor. The Consultant shall respond
to the Sponsor's notice of any error or omission within twenty-four hours of receipt, and give
immediate attention to any corrections to minimize any delay to the construction contract.
This may include, if directed by the Sponsor, visits to the site of the work.
If the Consultant discovers errors or omissions in its work product, it shall notify the State
within seven days of discovery. Failure of the Consultant to notify the State shall be grounds
for termination of the Agreement.
The Consultant's liability for damages incurred by the Sponsor due to negligent acts, errors
or omissions by the Consultant in its work product shall be borne by the Consultant.
Increased construction costs resulting from errors, omissions or negligence in Consultant's
work product shall not be the Consultant's responsibility unless the additional construction
costs were the result of gross negligence of the Consultant.
8. OWNERSHIP OF DOCUMENTS
All material acquired or produced by the Consultant in conjunction with the preparation of the plans,
study, or report, shall become the property of, and be delivered to, the Sponsor without restrictions or
limitations of their further use. Any use of these materials by the Sponsor for purposes other than
intended under this agreement shall be at the risk of the Sponsor. The Consultant has the right to
make and retain copies of all data and documents for project files. Documents provided to the State
may be public records under the Public Records Act§§74-101 through 74-126 and Idaho Code§§9-
338 et seq, and thus subject to public disclosure unless excepted by the laws of the state of Idaho,
otherwise ordered by the courts of the state of Idaho, and/or otherwise protected by relevant state
and/or federal law.
9. AERIAL PHOTOGRAPHY
After aerial photography has been flown, processed and checked for coverage, the negatives shall be
sent to the State at the address indicated on the Agreement for evaluation, labeling, and prints or
diapositives as needed by the District and the Consultant. The negatives shall become the property
of the State. Along with the negatives, the Consultant shall also deliver the Report of Calibration for
the aerial camera used for the aerial photography, the flight maps, and the flight log. Once complete,
a copy of the mapping shall be placed on a CD-ROM and sent to the address specified in the
Agreement.
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10. CADD SPECIFICATIONS
Two copies of all drawings shall be furnished to the Department upon completion of the contract. One
copy shall be a durable reproduction of the drawing stamped and signed by the Engineer. An electronic
stamp is acceptable, provided it is registered and approved with the Board of Professional Engineers
and Land Surveyors. Roadway plans shall be furnished on 11" x 17" sheets. Structures plans shall
be furnished on 22"x 34"sheets. The other copy shall be an electronic drawing file in a MicroStation
.DGN file format. Electronic files shall be delivered in one of the following:
a. Placed within ITD's ProjectWise DataSource (See CADD Manual for proper locations
for file storage
b. Standard CD/DVD-ROM Format
Files shall be developed with MicroStation software, SS4 Version 8.11X or higher; or converted to the
MicroStation .DGN file format with all conversion errors corrected prior to delivery. If the consultant
elects to convert files from other CADD software to the .DGN format, the consultant may be required
at various times during the contract period to provide proof that all conversion errors can be corrected.
Refer to the CADD Manual for a complete set of CADD Standards. The manual is available at the
following website: http://apps.itd.idaho.gov/apps/manuals/manualsonline.htmi .
11. GEOTECHNICAL AND MATERIALS WORK
If geotechnical and materials work is required under this Agreement, the Consultant must ensure that
any Subconsultant performing geotechnical and materials work be involved in the final design review.
This does not mean that the geotechnical and materials Subconsultant must attend the actual final
design review meeting, but does mean that the Subconsultant, will at a minimum, participate in the
final design plans and proposal review to assure that all geotechnical and materials
recommendations/issues it raised concerning the project have been addressed, or notify the
Consultant of any outstanding issues.
12. HIGHWAY CONSTRUCTION ESTIMATING PROGRAM
The Idaho Transportation Department has adopted the Trns.Port EstimatorTm Highway Construction
Cost Estimation software package as the standard for developing all highway construction cost
estimates. Consultants who prepare PS&E (Plans, Specifications and Estimate) packages for
submittal to ITD are required to use Estimator. Further information is available at the following Web
Site: http://itd.idaho.gov/business/?target=consultant-agreements .
13. INDEMNITY
a. Concerning claims of third parties, the Consultant shall indemnify, and hold harmless and defend
the Sponsor from any and all damages of and against any and all suits, actions, claims or losses
of every kind, nature and description, including costs, expenses and reasonable attorney fees
that may be incurred by reason of any negligent act, error or omission of the Consultant in the
prosecution of the work which is the subject of this Agreement.
b. Concerning claims of the Sponsor, the Consultant shall assume the liability and responsibility for
negligent acts, errors or omissions caused by the Consultant or a Subconsultant or their agents
or employees to the design, preparation of plans and/or specifications, or other assignments
completed under this Agreement, to the standards accepted at the time of the Final Design
Review, other established review periods.
c. Notwithstanding any other provision of this Agreement, the Consultant shall not be responsible
for claims arising from the willful misconduct or negligent acts, errors, or omissions of the
Sponsor for contamination of the project site which pre-exist the date of this Agreement or
subsequent Task Authorizations. Pre-existing contamination shall include but not be limited to
any contamination or the potential for contamination, or any risk to impairment of health related
to the presence of hazardous materials or substances.
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14. INSURANCE
The Consultant, certifying it is an independent contractor licensed in the State of Idaho, shall acquire
and maintain commercial general liability insurance in the amount of$1,000,000.00 per occurrence,
professional liability insurance in the amount of$1,000,000.00, and worker compensation insurance
in accordance with Idaho Law.
The professional liability insurance coverage shall remain in force and effect for a minimum of one
(1)year after acceptance of the construction project by the State (if applicable), otherwise for one (1)
year after acceptance of the work by the State.
Regarding workers' compensation insurance, the Consultant must provide either a certificate of
workers' compensation insurance issued by an insurance company licensed to write workers'
compensation insurance in the State of Idaho as evidence that the Consultant has a current Idaho
workers' compensation insurance policy in effect, or an extraterritorial certificate approved by the
Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho
Industrial Commission.
The Consultant shall provide the State with certificates of insurance within ten (10)days of the Notice
to Proceed.
15. ENDORSEMENT BY ENGINEER, ARCHITECT, LAND SURVEYOR, AND GEOLOGIST
Where applicable, the Professional Engineer, Architect, Land Surveyor, or Geologist in direct
charge of the work or portion of work shall endorse the same. All plans, specifications, cost
summaries, and reports shall be endorsed with the registration seal, signature, and date of the
Idaho professional in direct charge of the work. In addition, the firm's legal name and address
shall be clearly stamped or lettered on the tracing of each sheet of the plans. This endorsement
certifies design responsibility in conformance with Idaho Code, ITD's Design Manual, and
acceptance of responsibility for all necessary revisions and correction of any errors or omissions in
the project plans, specifications and reports relative to the project at no additional cost to the State
based on a reasonable understanding of the project at the time of negotiation.
16. LEGAL COMPLIANCE
The Consultant at all times shall ,as a professional, observe and comply with all Federal, State and
local laws, by-laws, safety laws, and any and all codes, ordinances and regulations affecting the
work in any manner and in accordance with the general standard of care. The Consultant agrees
that any recourse to legal action pursuant to this agreement shall be brought in the District Court of
the State of Idaho, situated in Ada County, Idaho.
17. SUBLETTING
The services to be performed under this Agreement shall not be assigned, sublet, or transferred
except by written consent of the Sponsor. Written consent to sublet, transfer or assign any portions
of the work shall not be construed to relieve the Consultant of any responsibility for the fulfillment of
this Agreement or any portion thereof.
18. PERMITS AND LICENSES
The Consultant shall procure all permits and licenses, pay all charges,fees, and taxes and give all
notices necessary and incidental to the due and lawful prosecution of the work.
19. PATENTS AND COPYRIGHTS
The Consultant shall hold and save the Sponsor and its agents harmless from any and all claims for
infringement by reason of the use of any patented design, device, material process, trademark, and
copyright.
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20. NONDISCRIMINATION ASSURANCES
1050.20 Appendix A:
During the performance of work covered by this Agreement, the Consultant for themselves, their
assignees and successors in interest agree as follows:
1. Compliance With Regulations. The Consultant shall comply with all regulations of the
United States Department of Transportation relative to Civil Rights, with specific reference to
Title 49 CFR Part 21, Title VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR
Part 230 as stated in the ITD EEO Special Provisions and Title 49 CFR Part 26 as stated in
the appropriate ITD DBE Special Provisions. http://apps.itd.idaho.gov/apps/ocr/index.aspx
2. Nondiscrimination. The Consultant,with regard to the work performed by them during the
term of this Agreement, shall not in any way discriminate against any employee or applicant for
employment; subcontractor or solicitations for subcontract including procurement of materials
and equipment; or any other individual or firm providing or proposing services based on race,
color, sex, national origin, age, disability, limited English proficiency or economic status.
3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In
all solicitations, either by bidding or negotiation, made by the Consultant for work or services
performed under subcontract, including procurement of materials and equipment, each
potential subcontractor or supplier shall be made aware by the Consultant of the obligations
of this Agreement and to the Civil Rights requirements based on race, color, sex, national
origin, age, disability, limited English proficiency or economic status.
4. Information and Reports. The Consultant shall provide all information and reports
required by regulations and/or directives and sources of information, and their facilities as
may be determined by the State or the appropriate Federal Agency. The Consultant will be
required to retain all records for a period of three (3)years after the final payment is made
under the Agreement.
5. Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in
noncompliance with the EEO Special Provisions, the State shall impose such sanctions as it
or the appropriate Federal Agency may determine to be appropriate, including, but not
limited to:
• Withholding of payments to the Consultant until they have achieved compliance;
• Suspension of the agreement, in whole or in part, until the Consultant or
Subconsultant is found to be in compliance, with no progress payment being made
during this time and no time extension made;
• Cancellation, termination or suspension of the Agreement, in whole or in part;
• Assess against the Consultant's final payment on this Agreement or any progress
payments on current or future Idaho Federal-aid Projects an administrative remedy
by reducing the final payment or future progress payments in an amount equal to
10% of this agreement or$7,700, whichever is less.
6. Incorporation of Provisions. The Consultant will include the provisions of paragraphs 1
through 5 above in every subcontract of$10,000 or more, to include procurement of
materials and leases of equipment unless exempt by the Acts, the Regulations, and
directives pursuant thereto. The Consultant will take such action with respect to any
subcontract or procurement as the State or the appropriate Federal Agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance. Provided, that if
the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the Consultant may request the State to enter into any
litigation to protect the interest of the State.ln addition, the Consultant may request the
United States to enter into the litigation to protect the interests of the United States.
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1050.20 Appendix E
During the performance of this contract, the Consultant, for itself, its assignees, and successors
in interest (hereinafter referred to as the "contractor") agrees to comply with all non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, ( 49 USC §4 71, Section 4 7123 ), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients
and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented
by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U S.C. 1681 et seq).
21. INSPECTION OF COST RECORDS
The Consultant shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred on the project. They shall make such data available for inspection, and audit,
by duly authorized personnel, at reasonable times during the life of this Agreement, and for a period of
three (3)years subsequent to date of final payment under this Agreement, unless an audit has been
announced or is underway; in that instance, records must be maintained until the audit is completed and
any findings have been resolved. Failure to provide access to records may affect payment and may
constitute a breach of contract.
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22. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY
MATTERS
By signing this document the Consultant certifies to the best of his knowledge and belief that except
as noted on an attached Exception, the company or its subcontractors, material suppliers, vendors or
other lower tier participants on this project:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency;
b. have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain or performing a public(Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records making false statements, or receiving stolen property;
C. are not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State or local)with commission of any of the offenses enumerated in paragraph (b)
of this certification; and
d. have not within a three-year period preceding this application/proposal had one or more
public transactions (Federal, State or local)terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
NOTE: Exceptions will not necessarily result in denial of award, but will be considered in
determining Consultant responsibility. For any exception noted, indicate to whom it applies, initiating
agency and dates of action. Providing false information may result in criminal prosecution or
administrative sanctions.
23. CERTIFICATION CONCERNING LOBBYING ACTIVITIES
By signing this document, the Consultant certifies to the best of their knowledge and belief that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
The Consultant also agrees that he or she shall require that the language of this certification shall be
included in all lower tier subcontracts,which exceed $100,000, and that all such sub-recipients shall
certify and disclose accordingly.
24. EMPLOYEE ELIGIBILITY
The Consultant warrants and takes the steps to verify that it does not knowingly hire or engage
persons not authorized to work in the United States; and that any misrepresentation in this regard or
any employment of person not authorized to work in the United States constitutes a material breach
and shall be cause for the imposition of monetary penalties up to five percent(5%)of the contract
price, per violation, and/or termination of its contract.
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KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13918, Rail with Trail Pathway — Meridian, ID
The City of Meridian has selected Keller Associates to provide pathway design services for a multi-use pathway along the
UPRR line in downtown Meridian. Project funding is by Federal Aid through the STP (TMA) programs through COMPASS
for FY 2022. In concurrence with ITD,the project is a Special Project in which case the abbreviated design procedures
can be used.
The project consists of designing a new multi-use pathway adjacent to the north side of the UPRR line from NW 3rd St to
8th Street, approximately a half mile, as shown in Figure 1 below. Work includes project administration, preliminary
design, Final Design and PS&E submittals,traffic control plans and surveying. LHTAC will perform the environmental
analysis with LHTAC personnel.The pathway will be designed with ITD standard specifications and City of Meridian
special provisions. Keller Associates will provide support work including assisting LHTAC to finalize the environmental
evaluation, utility coordination with various utility providers and preparation of right-way
documentation.
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r ^^' +yy - 14�LRp�(gC�lti#iaQFir
RAILS WITH TRAILS PATHWAY -- 3RD STREETTQ STH STREET NOTE:KOSIDEWAlr UN PATHW
ONLY,
F10 51[]EVlAiK UN Fifi{VMAY
Figure 1:Project Vicinity
Rail with Trail Pathway I January 2023 Page 1 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13918, Rail with Trail Pathway — Meridian, ID
PROJECT DESIGN TASKS__t
This project will follow ITD's design process Project Administration, Preliminary Design, NEPA, Final Design, and PS&E
submittals,traffic control plans, and surveying.
ENVIRONMENTAL
LHTAC will provide services as needed for a Programmatic Categorical Exclusion. Final Design and right-of-way tasks
cannot begin until the environmental document is approved.
GENERAL ASSUMPTIONS & UNDERSTANDINGS
This scope of work relies on the following assumptions and understandings:
• Design will be in AutoCAD with deliverables 11x17.
• A traffic analysis will not be required.
• Mapping, utilities, and property owner information, including HOA and schools, will be provided by the City.
• The multi-use pathways alignment agreed upon in the preliminary (60%) design phase of this project will be
used. No other alignment options will be assessed.
• The City and LHTAC will review and return comments within 3-weeks of deliverable received.
• The City will provide the land-trade documentation for Keller use.
• Landscaping: Not included in project.
• Construction Management& Inspection Services: Not included in scope.
• Intersection and Signal: Not included in project.
• 404 Joint Application for Permit: LHTAC will provide this work, if needed.
• Materials Reports: A waiver of the reports will be sent to LHTAC for concurrence.
• Right-of-way Plans: Not included in project.
• Letter of Map Amendments (LOMA), Letter of Map Revisions (LOMR):This work is not anticipated or included.
• Estimates or opinions of probable costs created by Keller reflect Keller's opinion of probable costs at the time
created and is subject to change. Keller has no control over variances in the cost of labor, materials, equipment,
services provided by others, contractor's methods of determining prices, competitive bidding or market
conditions, practices, or bidding strategies. Keller cannot and does not warrant or guarantee that bids or actual
construction costs will not vary from the costs presented.
Rail with Trail Pathway I January 2023 Page 2 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13918, Rail with Trail Pathway — Meridian, ID
SUB-CONSULTANT SERVICES
Geotechnical Engineering will be provided by Atlas.
TASK 1: PROJECT
There are several key players involved in this project including City of Meridian, LHTAC, Keller Associates, and others.
Keller Associates will provide project management to drive the coordination tasks, design work, agency
reviews/approvals to complete the work.The success of the project is truly in the hands of all of the key players. The
common goal is to have a high-quality project that is on schedule, within budget, and that meets the needs and
objectives of all.A teamwork approach with active participation by all is necessary to meet the project goals and
advance the project through the "process". Upon finalizing the scope, negotiating a fee, and executing a contract, LHTAC
will issue a Notice to Proceed.
A. Pre-Op Conference: A pre-operational conference will be held after a Notice to Proceed is issued. This meeting
will be held via teleconference and Keller will attend with 2 representatives.
B. Progress Reports: Submit monthly Progress Reports to LHTAC complete with the ITD Form 771, estimate of
percent project complete, and invoice in conformance with ITD requirements.
C. Project Schedule: Update the Project Schedule in MS Project monthly.
D. Coordination Meetings: Keller, the City and LHTAC will meet approximately once a month on the project. LHTAC
will be invited to meetings and will attend as schedules allow, and regarding meeting importance-action issues.
Keller Associates will prepare "action item" lists for meetings and distribute to the city, LHTAC, and others for
follow-up activity.
E. Deliverables include:
1. ITD Form 771 and Progress Report packages
2. Schedule Updates
3. Action Items List
F. City and LHTAC Role:
1. Issue NTP
2. Schedule and attend Pre-operation conference
3. Attend coordination meetings
Rail with Trail Pathway I January 2023 Page 3 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13918, Rail with Trail Pathway — Meridian, ID
TASK 2: SURVEY AND RIGHT-OF-WAY .11111111111116
Keller Associates will provide topographic surveying and right-of-way and boundary surveys and control. Keller will use
this information to develop right-of-way exhibits for right-of-way acquisitions and land-trades.This Scope does not
include any acquisition tasks such as appraisals, negotiations, settlements, and agreements.
A. Research:
1. Keller will research Ada County public records for record documents needed to establish the parcel
boundaries and right-of-way where the pathway alignment is planned.
B. Title Reports:
1. Keller will retain a title company to provide title reports for up to 18 parcels adjacent to where easements
will be required.
C. Topographic Survey:
1. A topographic design survey of the proposed pathway alignments as shown in Figure 1 above.
D. Utility Locates:
1. Keller will retain a utility locate company to field locate existing utilities.
TASK 3: MATERIALS MEMO
Assumptions & Understanding:
The City's standard pathway section will be used for the project.To check the City's standard pathway section, two R-
value tests will be performed on the subgrade. From the R-value results, a pavement section will be calculated using
ITD's gravel equivalency method. An abbreviated letter-report summarizing the City's standards, existing pathway
ballast section, R-value tests results, results will be submitted as a combined Materials Memo.
Work Tasks:
Atlas will provide geotechnical engineering, see their attached scope of work. Work Tasks to be performed by Keller are
as followed:
1. Coordination with Sub-Consultant: Keller will coordinate the work of Atlas including scheduling, location of
test pits, and R-value tests.
2. Permission to Enter: Keller will seek permission to enter the project properties.
3. Review Letter-Report: Keller will review the letter-report prior to submitting to the City and LHTAC.
4. Submit Letter-Report: Keller will submit the letter-report to the City and LHTAC.
5. City/LHTAC Comment Revisions: Keller will coordinate revisions of letter-report with Atlas, including
backchecking revisions and re-submitting final report to the City and LHTAC.
Rail with Trail Pathway I January 2023 Page 4 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
REZONETASK 4: •AD
A. Keller will prepare and submit to the City of Meridian a Rezone Application for the Strum Property as shown in
Figure 1, above.
B. Boundary Exhibits:
1. Keller will prepare boundary descriptions and exhibits for 3 properties for use in the City's land-trade
documents. This also includes the preparation and recording of a record of survey. Public Land Survey
Monuments not meeting I.C. which are used in preparation of the documents and record of survey will be
updated and recorded in Ada County.
C. Deliverables:
1. Rezone Application
IRRIGATION • • •D •
A. Keller will coordinate with the Nampa Meridian Irrigation District to setup a kick-off meeting for this project and
request the design flows for the project. The goal of this meeting will be to determine the irrigation district
requirement for the project.
B. Keller will prepare the necessary application and documentation required by the irrigation district for the
preparation of a license agreement. This also includes a meeting with the NMID engineer to review the
submitted plans and update the documents per NMID comments including the District's Engineer.
C. Irrigation Technical Memorandum: Prepare a technical memorandum including project assumptions and existing
system information, HY-8 analysis, including typical section, pipe size, and cover information. A draft memo will
be prepared for the City and LHTAC to review before submittal to NMID. NMID to provide design flow.
D. City and LHTAC Responsibilities
1. Attend kick-off meeting with NMID
2. Review and provide comments on draft technical memorandum
3. Review and provide comments on license agreement application and associated documentation.
E. Deliverables:
1. Kick-off Meeting Agenda and Meeting Minutes
2. Draft Irrigation Technical Memorandum
3. Final Irrigation Technical Memo
4. Licese Agreement Application and documentation
Rail with Trail Pathway I January 2023 Page 5 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
TASK 6: ADA COUNTY HIGHWAY DISTRICT COORDINATION 01
A. Keller will contact the Ada County Highway District (ACHD)to set up a kick off meeting for this project to discuss
the ACHD requirements for facilities within ACHD right-of-way.
B. Keller will submit plans to ACHD. Keller will address comments from ACHD and resubmit plans.
C. Deliverables:
• Kick off meeting agenda and Meeting minutes
• Revise and Resubmit plans per ACHD comments.
• • STORMWATER POLLUTION PREVENTION
A. Utility Company Contacts: Contact known utility companies within project area following procedures outlined in
the ITD Guide to Utility Management(GUM).
B. Request Utility Locates and Maps: Request utility maps from appropriate companies that may have utilities in
the area.
C. Utility Plans: Coordinate plans with utility companies. It is anticipated that there are a maximum of 4 utiltiy
companies in the project vicinity that will require coordination of utility plans.
D. Stormwater Pollution Prevention Plan (SWPPP): Complete SWPPP template with basic project information for
the project. Contractor will be responsible for SWPPP. Details would occur at Final Design.
E. City Responsibilities:
• Provide City GIS data for utilities.
F. Deliverables:
1. SWPPP Template with basic project information
Rail with Trail Pathway I January 2023 Page 6 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
•
A. Project Notification Postcard
1. Keller will prepare and mail postcard to advertise the public meeting. Anticipated 200 postcards will be
mailed.
B. Public Meeting:
1. Meeting Materials: Prepare posterboard exhibits and public comment form. Keller will prepare up to 4
exhibits. Anticipated exhibits are as follows:
• Welcome
• Aerial of Project
• Typical Sections
• Next Steps/Schedule
2. Meeting Notice Posters: Prepare and print four copies of poster for sandwich boards.
3. Keller will attend public meeting with up to 2 representatives.
4. Keller will compile and summarize public comments from the public comment form and meeting. It is
anticipated that a maximum of 5 comments will be received and responded to.
C. City and LHTAC Responsibilities
1. Provide list of mailing addresses for postcards to be sent to within 0.5 mile project radius.
2. Schedule date,time and location for public meeting.
3. Provide sandwich boards for meeting notice posters.
D. Deliverables:
1. Project Notification Postcard.
2. Poster Board Exhibits& Comment Form.
3. Summary of public comments.
4. Sandwich board posters.
Rail with Trail Pathway I January 2023 Page 7 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
TASK 9: PRELIMINARY DESIGN
A. Preliminary Design (60%): Develop preliminary roll plot design drawings showing the pathway alignment,
pathway section, preliminary grading of pathway and shoulders, and proposed landscape to be removed.
Preliminary layout of irrigation district facilities will also be shown. A preliminary cost estimate will be developed.
B. In House Review: Periodically at key project development stages, senior personnel will review project elements,
deliverables, and schedule. This oversight is important to allow senior professionals to provide project input and
quality control.
C. Preliminary Design Review Meeting: Attend preliminary design review meeting.
D. City and LHTAC Responsibilities
1. Review and provide one set of consolidated comments to the final design drawings and cost estimate.
2. Attend Preliminary Design Review meeting. Compass will also be invited to the review meeting.
E. Deliverables:
1. Preliminary Roll Plot Design Drawings
2. Preliminary Design Cost Estimate
3. QC Checklist
Rail with Trail Pathway I January 2023 Page 8 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
A. Final Design (95%): Advance the plan set to incorporate details of construction and update plans and cost
estimate as identified in Preliminary Design Review.The anticipated plan sheets are as follows:
• Title Sheet(1)
• Monument Perpetuation (1)
• Project Clearance Summary(1)
• Roadway Summary Sheet (1)
• Irrigation Pipe Summary Sheets (1)
• Typical Section Sheet(1)
• Demolition Sheet (4)
• Traffic Control Sheet (1)
• SWPPP Sheet (3)
• Pathway and Irrigation Plan and Profile Sheets (6)
• Detail Sheets (3)
• Pavement Marking, signing and bollard detail Sheet (4)
B. Special Provisions: Complete the project proposal (Special Provisions) incorporating standard clauses and notes
to contractor.
C. Prepare Contract Time Determination: Conduct a contract time determination for the project.
D. In House Review: Periodically at key project development stages, senior personnel will review project elements,
deliverables, and schedule. This oversight is important to allow senior professionals to provide project input and
quality control.
E. Irrigation District Submittal:
1. Submit stamped irrigation plans to NMID.
2. Attend irrigation review meeting with NMID, City and LHTAC.
3. Address comments from irrigation review meeting.
F. Final Design Review Meeting: Attend final design review meeting and perform project walk-through.
G. City and LHTAC Responsibilities
1. Review and provide one set of consolidated comments to the final design drawings and cost estimate.
2. Attend Final Design Review meeting. Compass will also be invited to the review meeting.
Rail with Trail Pathway I January 2023 Page 9 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
Deliverables:
1. Final Design Plans
2. Technical Specifications
3. Final Design Cost Estimate
4. QC Checklist
TASK 11: PS&E DESIGN
A. Revise Final Design: Based on final design review comments, perform final design modifications to the plan
proposal and associated drawings.
B. PS&E Preparation & Deliverables: Coordinate essential changes with City and LHTAC. Make changes to other
deliverables such as the opinion of probable cost (Estimator), the special provisions, and contract time
determination.
C. In House Review: Periodically at key project development stages, senior personnel will review project elements,
deliverables, and schedule. This oversight is important to allow senior professionals to provide project input and
quality control.
D. Assemble Resident Engineer File: Gather, copy, assemble and transmit information for the Resident Engineer
File including surveys, quantity calculations, special correspondence affecting construction, phone numbers of
contact persons, permits, and other pertinent construction information. One file will be provided.
E. Bidder's Questions: During bidding, Keller will answer LHTAC's and bidder's RFIs. It is assumed a total of 12 hours
for the project manager and project engineer(6 hours each)to respond to questions.
F. Construction Related Services: Keller will support the City in the preparation of th contract documents and
bidding procedures as required by Federal-Aid funding. The City will process the project through necessary
steps including project advertisement. The City will schedule, coordinate, and perform Bid Opening.The City will
check bonds, prepare the construction agreement and send the information to LHTAC. .
G. Bid Analysis: Review bid results and make recommendation of award to the City.
H. Minimum Testing Requirements (MTRs) —Develop the list of MTRs for the project. This information will be
documented on form ITD-862 and used to track the materials testing required on the project and coordination
of sampling,testing, and reporting results.
Rail with Trail Pathway I January 2023 Page 10 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
KELLER SCOPE OF WORK for City of Meridian
ASSOCIATES
13819, Rail with Trail Pathway — Meridian, ID
I. Deliverables:
• PS&E Design Plans
• Project Proposal
• PS&E Design Cost Estimate
• Contract Time Determination
• Minimum Testing Requirements (MTRs)
• Bid Analysis
• Resident Engineer File
• QC Checklist
TASK 12: ADDITIONAL
A. From time to time the Owner may have additional tasks related to the project or additional tasks may be
encountered that are not identified in this scope of work. Examples of such work could include, but are not
limited to, hiring a subconsultant to perform environmental tasks, the net benefit analysis, reconstruction of
irrigation culvert crossings based on condition evaluation, additional surveying, or changes to the design such as
development of adjacent parcels. Each request for Additional Services will be mutually agreed upon by LHTAC,
City of Meridian, and Keller. No work under this task will be performed without the written consent or approval
of LHTAC.
SCHEDULE
The anticipated milestones for the overall project schedule are listed below. Schedule is based on three-week review
periods for the City and Stakeholders.
• Notice to Proceed February 8th, 2023
• Change of Zoning Submittal March 91h, 2023
• Land Trade Documentation April 5th, 2023
• Preliminary Design Submittal May 41h, 2023
• Preliminary Design Review Meeting June 8th, 2023
• Environmental November 9th, 2023
• Final Design Submittal March 7th, 2024
• Final Design Review Meeting April 11th, 2024
• PS&E Submittal June 1", 2024
Rail with Trail Pathway I January 2023 Page 11 of 11
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
CONSULTANT NAME: Keller Associates, Inc.
PROJECT NAME: Rail with Trail
KEY NO. 13918
A. SUMMARY ESTIMATED LABOR-DAY COSTS
Raw Labor
Labor-Days Labor-Hours Hourly Rate Cost
1 PRINCIPAL/CHIEF ENGR 0.00 = 0.0 @ $70.67 = $ -
2 PROJ MGR/SR. ENGR 25.63 = 205.0 @ $63.46 = $ 13,009.30
3 ENGINEER (PE) 9.00 = 72.0 @ $49.04 $ 3,530.88
4 ENGINEER (EI) 88.25 = 706.0 @ $36.73 = $ 25,931.38
5 SURVEYOR (PLS) 12.25 = 98.0 @ $46.70 = $ 4,576.60
6 1-PERSON SURV CREW 8.25 = 66.0 @ $40.32 = $ 2,661.12
7 SURVEY TECHNICIAN 7.00 = 56.0 @ $41.50 = $ 2,324.00
8 CADD DESIGNER 6.00 = 48.0 @ $52.88 = $ 2,538.24
9 CLERICAL 9.63 = 77.0 @ $24.07 = $ 1,853.39
166.00 1,328.0
TOTAL RAW LABOR COST = $ 56,424.91
B. PAYROLL, FRINGE BENEFIT COSTS & OVERHEAD
Total Raw Labor Cost Approved Rate
$56,424.91 X 171.26% = $ 96,633.30
C. NET FEE
Total Raw Labor& Overhead NET FEE***
$153,058.21 X 12.5% = $ 19,132.28
D. FCCM
Total Raw Labor Cost Approved FCCM Rate
$56,424.91 X 0.00% $ -
TOTAL LABOR $ 172,190.49
E. OUT-OF-POCKET EXPENSE SUMMARY
Estimated
Estimated Amount Unit Cost Expense
1 MILEAGE (miles)* 0 @ $0.625 = $ -
2 TITLE REPORTS 18 @ $250.00 = $ 4,500.00
3 PRIVATE UTILITY LOCATI 0 @ $0.00 = $ -
4 Traffic Control Rental (days) 0 @ $1,600.00 = $ -
Labor& Overhead x 6/18 x Escalation Approved
5 Salary Esc 2024 153,058 x 0.33 x 4.00% _ $ 2,040.781
TOTAL ESTIMATED EXPENSE _ $ 6,540.78 01/25/20232:40:59 PM
F. SUBCONSULTANTS
Atlas $ 4,264.00
TOTAL = $182,995.27
As per the "FEDERAL PER DIEM RATES FOR IDAHO." Lodging includes 8%taxes.
See attached Subconsultant's Summary
Page 1 of 1
DocuSign Envelope ID:9122EDE9-E382-41F9-90A9-49A9FF305E41
CONSULTANT NAME: Keller Associates, Inc.
PROJECT NAME: Rail with Trail
KEY NO. 13918
Principal/ Proj Mgr/ Struct Eng Engineer Engineer Surveyor 1-Person Survey CAD
rk T Chief Engr Sr.Engr (PE) (PE) (El) (PLS) Sury Crew Tech Designer CI
1.0 Project Management
A Pre-Op Conference 1.0 2.0 3
B Progress Reports 27.0 9.0 36
C Project Schedule 14.0 14
D Coordination Meetings 18.0 36.0 54
Subtotal 60 9 107
107
2.0 Survey and Right-of-way
A Research 10.0 48.0 58
B Title Reports 6.0 6
C Topographic Survey 10.0 48.0 58
D Utility Locates
Subtotal 10 58 48 6 122
122
3.0 Materials Memo(See Atlas SOW)
1 Coordination w/Sub 1.0
2 Permission to Enter 2.0 2
3 Review Letter/Report 1.0 1.0 2
4 Submit Letter/Report 1.0 1.0 2
5 City/LHTAC Comment Revisions 1.0 1.0 2
Subtotal 4 5 9
9
4.0 Rezone& Land Trade
A Prepare&Submit Rezone Application 6.0 30.0 36
B Boundary Exhibits 4.0 4.0 1 80.0 1 88
Subtotal 10 34 1 8 1 1 1 124
124
5.0 Irrigation Coordination
A Kick-off Meeting 2.0 4.0 6
B License Agreement 4.0 20.0 24
C Irrigation Tech Memo 5.0 40.0 45
Subtotal 11 64 75
75
Page 1 of 3
DocuSign Envelope ID:9122EDE9-E382-41F9-90A9-49A9FF305E41
Principal/ Proj Mgr/ Struct Eng Engineer Engineer Surveyor 1-Person Survey CAD
Work Task Chief Engr Sr.Engr (PE) (PE) (EI) (PLS) Sury Crew Tech Designer Cleric
6.0 ACHD Coordination
A Kick-off Meeting 2.0 4.0 6
B Address ACHD Comments&Resubmittal 4.0 10.0 14
Subtotal 6 14 1 20
20
7.0 Utilities&SWPPP
A Utility Company Contacts 1.0 2.0 6.0 9
B Request Utility Locates&Maps 1.0 14.0 8.0 23
C Utilitiy Plans 6.0 20.0 4.0 30
D Stormwater Pollution Prevention Plan 4.0 10.0 14
Subtotal 12 46 18 76
76
8.0 Public Involvement
A Project Notification Postcard 2.0 6.0 20.0 28
B Public Meeting
a.Meeting Materials 2.0 15.0 4.0 21
b.Meeting Notice Posters 1.0 4.0 4.0 9
c.Attends Mtg 3.0 5.0 8
d.Compile Comments 2.0 2
Subtotal 8 32 28 68
68
9.0 Preliminary Design
A Preliminary Design 10.0 88.0 40.0 138
B In House Review 10.0 10
C Prelim.Design Review Mtg 2.0 4.0 2.0 8
Subtotal 1: 2 156
156
10.0 Final Design
A Final Design 12.0 156.0 168
B Special Provisions 4.0 20.0 24
C Contract Time Determination 4.0 4.0 8
D In House Review 16.0 16
E Irrigation District Submittal 8.0 10.0 18
F Final Design Review Meeting 6.0 8.0 2.0 16
Subtotal 16 198 2 250
250
Page 2 of 3
DocuSign Envelope ID:9122EDE9-E382-41F9-90A9-49A9FF305E41
Principal/ Proj Mgr/ Struct Eng Engineer Engineer Surveyor 1-Person Survey CAD
Work Task Chief Engr Sr.Engr (PE) (PE) (EI) (PLS) Sury Crew Tech Designer CI
11.0 PS&E Design
A Revise Final Design 4.0 60.0 64
B PS&E Preparation&Deliverables 4.0 30.0 34
C In House Review 16.0 16
D Assemble RE File 4.0 10.0 4.0 18
E Bidder's Questions 6.0 6.0 12
F Construction Related Services 4.0 8.0 12
G Bid Analysis 2.0 1 1 1 6.0 1 1 1 1 1 8
H Minimum Testing Requirements 4.0 8.0 12
Subtotal 28 16 128 I 176
176
12.0 Administrative Reserve
1 Admin Reserve 20.0 30.0 55.0 8.0 8.0 8.0 8.0 8.0 145
Subtotal 20 55 8 8 8 8 8 145
145
GRAND TOTAL 205 706 98 66 56 48 77 1328
check=_> 1328
0.2 0.1 0.5 0.1 0.0 0.0 0.0 0.1 1.0
Page 3 of 3
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
Kelsie Styrlund
From: Brian Felgenhauer <BFelgenh@stewart.com>
Sent: Wednesday, December 21, 2022 2:31 PM
To: Kelsie Styrlund
Cc: Donn Carnahan
Subject: RE: Title Report Quote Request - 18 Parcels in Meridian, ID
Absolutely I can. We did some for you in August of this year and the fees would be the same.
$250 per Title Report as a Report Only without title insurance.
18 Title Report x$250= $4,500.00 total
We would be able to have all 18 out to you within 7 business days or sooner.
Please let me know if you have any other questions.
Thank you
Brian Felgenhauer
Title Manager
Sr. Title Officer
Stewart Title Company
1944 S Eagle Rd
Meridian, Idaho 83642
O(208)373-0009 1 D (208)287-8101
stewart.com/boise I bfelgenh(Qstewart.com
f/Psteviart
TITLE
NYSE:STC
From: Kelsie Styrlund <kstyrlund@Kellerassociates.com>
Sent: Wednesday, December 21, 2022 2:22 PM
To: Brian Felgenhauer<BFelgenh@stewart.com>
Cc: Donn Carnahan <dcarnahan@Kellerassociates.com>
Subject: [External] Title Report Quote Request- 18 Parcels in Meridian, ID
Hi Brian,
Would you be able to provide us an official quote for 18 title reports in Meridian?The reports are needed for right-of-
way acquisition and would need to include the legal ownership, existing boundaries, any encumbrances or expectations,
include "Schedule D" disclosures and a copy of the plat/subdivision map.
Thanks, and feel free to call with any questions, my cell number is listed below.
i
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
�l T � 1
2791 S.Victory View Way
Boise, ID 83709
(208)376-4748 1 oneatlas.com
December 13, 2022
Proposal No. 22-15676
Kelsie Styrlund
Keller Associates, Inc.
100 East Bower Street, Suite 110
Meridian, ID 83642
(208) 288-1992
Subject: Pavement Geotechnical Investigation Proposal
Meridian Railway Trail
Broadway Avenue
Meridian, ID 83642
Latitude: 43.609583, Longitude: -116.401702
Dear Gary Carrol:
In accordance with your request, Atlas Technical Consultants LLC (Atlas) is pleased to submit
this proposal for a pavement geotechnical investigation for the Meridian Railway Trail project
located at Broadway Avenue within Meridian, ID.
The subsurface investigation will be conducted to provide information needed in design of the
proposed project. The project is expected to consist of a 0.4-mile-long walking pathway along
the railroad. It is anticipated that maintenance vehicles will also use this pathway. Retaining walls
and drainage facilities are not anticipated. Our scope of work for the project is limited to providing
pavement recommendations for the site. Revisions may be required based on final design
requirements. This proposal contains our proposed scope of work, fee, and schedule.
SCOPE OF WORK
Exploration and recommendations will be prepared under the supervision of a registered
professional engineer. Qualified personnel will perform all field work. In accordance with your
request, our proposed subsurface exploration will include the following services:
Subsurface Soils Investigation
• Underground public utility locate services will be contacted prior to commencement of field
work. The client, property owner, and/or developer are responsible for private utility
locates as Atlas cannot be held responsible for the cost of replacement of utility services.
• Per your request, two (2) test pits will be advanced on the site. Test pits will be backfilled
at completion of exploration. Surfaces will be left in a rough and somewhat mounded
condition. Costs can be determined if additional surface restoration is necessary.
• Soil will be classified in the field in accordance with applicable standards, including ASTM
D2488.
Page 1
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
• Representative soil samples will be collected and transported to our laboratory for
additional testing, per ASTM or other recognized standards.
Geotechnical Engineering Report
• Results of field and laboratory testing will be included.
• Final logs will be provided based on field classification, laboratory test data, and
classification of soils per ASTM D2487. These logs will incorporate all subsurface soil
and/or rock profile properties that may affect engineering conclusions.
• A summary of soil conditions encountered will be provided.
• Approximate exploration locations will be provided on a site map.
• Applicable pavement section recommendations will be provided.
• Fill material type and placement recommendations will be presented.
• Recommendations for construction activities will be included.
COST INFORMATION
The fees outlined in this proposal are based on review of the provided project details and/or
documents, as well as our experience on similar projects. The outlined scope of work will be
billed on a lump-sum basis for a total fee of $4,264.00. The cost of services may exceed this
proposed fee if unanticipated conditions are encountered that would warrant additional
investigation or analysis, or if the proposed plans are changed from the previously stated
understanding of the project. Atlas will notify the client and obtain approval prior to incurring any
additional fees on the project. All subsequent services and communications with design
consultants or contractors will be charged in accordance with the attached fee schedule.
SCHEDULE
Atlas will proceed with the work on the basis of verbal authorization; however, please sign and
return a copy of this proposal. Public underground utility locate services will be notified as
required by law once notice to proceed is received. Utility locate services require 2 full business
days before subsurface exploration can commence. Atlas anticipates issuing our findings and
recommendations within 15 business days from the last date field work is performed or soil
samples are obtained.
Proposal No.22-15676
Page12
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
�r�TT�T��
CLOSURE
This proposal is valid for 90 days from the date initiated. If you have any questions regarding this
document or if we may be of further service, please contact our office at (208) 376-4748.
Atlas sincerely appreciates this opportunity to provide professional services to you on this project.
We look forward to working with your team.
Respectfully submitted,
ATLAS TECHNICAL CONSULTANTS LLC
Jacob Schlador, PE
Geotechnical Engineer
Attachment: Fee Schedule
Proposal No.22-15676
Page 13
DocuSign Envelope ID:9122EDE9-E382-41 F9-90A9-49A9FF305E41
�r�TT�T��
It is proposed that the cost of these services be invoiced on a lump sum basis as outlined below.
Unit Rate Units Subtotal
INVESTIGATIONFIELD
Atlas Field Investigation Fees $584.00
Excavation Subcontractor Fees $570.00
REPORTING
Final Report Fees $1,620.00
LABORATORY
Sieve Analysis (ASTM C117/C136) $150.00 2 $300.00
Atterberg Limits (ASTM D4318) $170.00 2 $340.00
R-Value (Idaho T8) $425.00 2 $850.00
MISCELLANEOUS
Meetings/Consultation, per hour (if needed) $110.00 0 $0.00
PROJECT • .4 11
Proposal No.22-15676
Page14
DocuSign Envelope ID:9122EDE9-E382-4lF9-9OA9-49A9FF305E41
2021 LHTAC PRICING
Atlas Technical Consultants LLC •
2791 S Victory View Way � � ��
Boise,, Idaho 83709
CONCRETE TESTING
MT1 Code Task Test Hours Unit Cost La bor Notes
92171 1CMU Comp Str Prism Grouted ( Each ) 1 . 25 $ 147. 16 44620
92243 Concrete Cylinders C391T22 ( Each ) 0 .1 30 $ 35 - 32 44620
VSI Analysis (set. of 2 cylinders ) 1 . 00 $ 117 - 73 44620 -------
Surface Resistivity T-358 ( set of 3 cylinders)
0. 50 $ 58 , 86 44620
92270 Cubes - Grout/Mortar/Gypsum ( Each ) 0 . 38 $ 44 . 74 44620
92279 lCo_nc/Shot/Rock Core Cut/Prep ( Each ) - 1 0 . 50 $ 58 . 861 44620
92414 Grout Prisms C1019 ( Each ) 0. 25 $ 29 . 43 44620
92639 Phn
r Cylinder Strength C109/T106 Ov25 $ 29 - 43 44620
927 -74 ete Panel Cores, Each 1 . 00 1 $ 117 . 73 44620
SOIL & AGGREGATE TESTING
MITI Code Task Test Hours Unit Cost Labor Notes
91563 Aggregate Unit Weight C29/T19 1 . 15 $ 106 - 89 44630
91584 Fine Aggregate Angularity 0 . 75 $ 69 - 71 44630
92063 lAtterberg Limits D4318/T89, T90 1 . 50 $ 176 - 59 44620
92144 Cleanness Value of Cover Coat 1. 25 $ 116 . 19 44630
92369 Flat & Elongated Particles D4791 0. 75 $ 69 . 71 44630
92396 Fracture Face D5821/TM1 0. 75 $ 69 . 71 44630
92477 lHydrometer D422/T88 1 , 75 $ 206 - 02 44620
92504 Idaho Degradation ID T15 4 . 00 $470 . 90 44620
OMAN
92540 LA Abrasion C131., C535/T96 2 . 75 $ 323 . 75 44620
92630 Moisture Content Soil/Agg 0.50 $46 . 47 44630
92684 Proctor T99/T180 4 . 00 $ 371 . 79 44630
92693 Proctor-0 1 -Point T99/T180 sum below $ 302 . 08 44630
Proctor 1 -Point T99/T180 1 . 50 $ 139 . 42 44630
Sieve Coarse T11/T27 1 . 25 $ 116 . 19 ; 44630
Moisture Content Soil/Agg 0 . 50 $46 .47 44630
92720 ISpecific Grav - Coarse Aggregate '
4. 00 $470 . 90 44620
92729 Spec Grav - Fine Aggregate 4 . 00 $470 . 90 44620
92756 Sand Equivalent D241 I 9/T176 1. 25 $ 116. 19 44630
92819 Sieve - Fine T11 1 . 50 $ 139 .42 44630
92792 Sieve - Coarse T11/T27 1 . 25 $ 116 . 19 44630
92801 Sieve - Coarse & Fine T11/T27__
.......... 2 . 50 $ 232 - 37 44630
94500 Gradation/SE (granular subbase ) sum below $418v27 44630
Gradation/SE 2 . 75
$ 255 - 61 44630
Sieve - Coarse TII/T27 1 . 25 $ 116 . 19 44630
Moisture Content soil/Agg 0. 50 $ 46 . 47 44630
94510 Gradation/FF/SE (aggregate - crushed ) sum below $441050 44630
Gradation/FF/SE 3 . 00 $ 278 . 84 44630
DocuSign Envelope ID:9122EDE9-E382-4lF9-9OA9-49A9FF305E41
Sieve - Coarse T11/T27 1 . 25 $ 116 . 19 44630
Moisture Content Soil/Agg 0 . 50 $ 46.47 44630
94520 GsB Rap 8 . 00 $941, 81 44620
9271-1 IR-Value D2844/T-1901 ID T8 5 . 00 $ 588 - 63 44620
92864 Soil Elec Resist - Soil Box 1____w
. 25 $ 147 . 16 44620
92873 Soil pH for-
Corrosion Testing 1 . 25 $ 147016 44620
929.00 ISulfate Soundness C88/T104 3 . 75 $441 . 47 44620
HOT MIX ASPHALT TESTING
MTI Code Task Test Hours Unit Cost Labor
Notes
92009 Asphalt Content llmmmmom� - Ignition Method 2 . 00 $ 185 . 901 44630
92594 Mechanical Analysis D5444 1 . 25 $ 116 . 19 44630
92054 Asphalt Extraction (Chemical Method ) 4 .00 $ 371 . 79 44630
92747 Spec Grav Rice - Theoretical Max (Set of 2 ) 2 . 50 $ 232 - 37 44630
94530 Gyro - Voids/Bulk S . G (Set of 2 ) 2 . 00 $ 185 - 90 44630
94540 HMA Moisture 0. 50 $46 . 47 44630
94550 IN -Cat Correlation 5 . 00 $ 588 . 63 44620
94560 Binder on,Sample Anti -Strip Presence - ID T-99 1. 75 $ 206 . 02 44620
92018 Asph Unit/Wght Dia, Hght Core 0. 75 $ 69 - 71 44630
92- 585 Marshall Test Series D1559/T245 7 . 00 $ 824. 08 44620
ADDENDUM TO
STATE/LOCAL AGREEMENT
(PROJECT DEVELOPMENT)
PROJECT NO. A013 (918)
RAIL WITH TRAIL PATHWAY, MERIDIAN
ADA COUNTY
KEY NO. 13918
PARTIES
THIS ADDENDUM is made and entered into this 22nd day of
August 01 2022_, by and between the IDAHO
TRANSPORTATION DEPARTMENT, hereafter called the State, and CITY OF
MERIDIAN, acting by and through its Mayor and Council, hereafter
called the Sponsor.
PURPOSE.
This Addendum will modify the State/Local Agreement entered
into on the 15th day of June, 2016, (hereinafter "Agreement")
between the same parties .
The parties agree to the following revisions :
A. Section II of the Agreement will be amended by adding the
following paragraphs thereto:
5. Submit to FHWA a request for advance design approval for the cost of development of
the project. FHWA approval of the advance design request will allow the costs of
project development incurred by the SPONSOR as of the date of FHWA approval to
be eligible for federal participation in a future Federal-aid project agreement with
FHWA. The amount scheduled for advance design is $120,000.
6. If additional project development funds become available, upon receipt of appropriate
documentation from the Sponsor showing expenditure of funds for project
development, reimburse the Sponsor for eligible expenses at the approved Federal-aid
rate.
7. Appoint the Local Highway Technical Assistance Council as the contract administrator
for the State.
Agreement No.7288
Addendum to State/Local Agreement
Rail with Trail Pathwaia Meridian
Key No. 13918
Page!
B. Section III of the Agreement will be amended by adding the
following paragraph thereto:
16. Agree that in the event future federal funding for the advance design portion is not
available for the project,the Sponsor forfeits all claims for reimbursement of all funds
paid for the project.
C. All other terms and conditions previously agreed to and set
forth in the Agreement shall remain in full force and effect.
EXECUTION
This Addendum is executed for the State by its Division
Administrator, and executed for the Sponsor by the Mayor, attested
to by the City Clerk, with the imprinted corporate seal of the
City of Meridian.
IDAHO TRANSPORTATION DEPARTMENT
Blake Rindlisbacher, Digitally signed by Blake
Rindlisbacher,P.E.
P.E. Date:2022.08.22 12:44:50-06'00'
Division Administrator
ATTEST• Qo�P��p-AUGUST>>9 CITY OF MERIDIAN
o�
Oty
C s , w' Mayor, Robert E. Umison
Cit ,zk 8�#,JL22 �� 8-9-2022
By Brad Hoaglun, Council President
ylFR o/the TfitiP
By regular/special
meeting on 8-9-2022
hm: 13918 SLAPD Addendum
Addendum to State/Local Agreement
Rail with Trail Pathway,Meridian
Key No. 13918
Page 2
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: License Agreement Between the City of Meridian, Meridian Development
Corporation, and Nampa & Meridian Irrigation District
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: City of Meridian Financial Report - August 2023
City of Meridian
Monthly Financial Report
FY2023
August 2023
Table of Contents
Report Name Page Number
Investment Graphs 2
Fund Balance 3
r!
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F:\Reporting\Monthly Reports\FY2023\FY23 - 11 Aug Council Report 1 of 3
Monthly Financial Report �E IDIAN^-
FY2023
August2023
City of Meridian Investment Portfolio Yield by Investment Type
IDAHO STATE —
POOL 5.17%
IDAHO BOND 3.21%
I FUND
CASH 0.00%
F I B 5.06%
•FIB MoneyMarket$2,742,090 -Cash$15,529,475 MONEYMARKET
•Idaho Bond Fund$73,935,393 •Idaho State Pool$145,372,805
City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance
by Major Fund by Major Fund
$3,500,000
$140,000,000
$3,000,000 —
$120,000,000
$2,500,000 —
$100,000,000
$2,000,000 —
$80,000,000
$1,500,000
$60,000,000
$1,000,000
$40,000,000
$500,0 Q ■
$20,000,000
General Enterprise $
General Fund Enterprise Fund
■Total Budget ■Actual YTD ■FY23 ■FY22
F:\Reporting\Monthly Reports\FY2023\FY23-11 Aug Council Report 2 of 3
Monthly Financial Report
FY2023 E IDIAN*--
Au2ust 2023
IDAHO
GENERAL FUND BALANCE ALLOCATIONS
$120,000,000
$100.000.000 -
$80,000,000
W,000,000
W,000,000
$20,000,000 ................. .................
9/30/2015 9/30/2015 9/30/TA17 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 -
■N—pendahle ■Restricted ■c.-..ted ■Assigned ■Ass%.ed Reserves ■Unassigned
ENTERPRISE FUND BALANCE ALLOCATIONS
$120,000,000
S100A00,000
$e0,000,000
$e0,000,000
wX 00,000
$20,000,000
$- a-m-w "1-11 1
9/30/2015 9/30/2016 9/30/2017 9/30/2U18 9/30/2019 9/30/2020 9/30/2021 9/30/2022
■As signed ■Unassigned ■Assinged Reserves
F:\Reporting\Monthly Reports\FY2023\FY23-11 Aug Council Report 3 of 3
E IDIAN;---
AGENDA ITEM
ITEM TOPIC: ITEMS MOVED FROM THE CONSENT AGENDA (Action Item)
Page 4
LICENSE AGREEMENT
This LICENSE AGREEMENT, is made and entered into this day of_ ,2023,by and
between NAMPA& MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho,hereinafter referred to as the "District", and
MERIDIAN DEVELOPMENT CORPORATION("MDC'),
Whose address is: 104 E. Fairview Ave. #239,Meridian, ID 83642, and
CITY OF MERIDIAN, a political subdivision and
municipality of the State of Idaho("CITY"),
Whose address is: 33 E.Broadway,Meridian, ID 83642,
Unless otherwise provided MDC and the CITY are hereinafter collectively referred to as the "Licensee",
WITNESSETH:
WHEREAS,the District owns the irrigation ditch or lateral known as the HUNTER LATERAL(hereinafter
referred to as"ditch or lateral"),an integral part of the irrigation and drainage works and system of the District,
together with the easement therefor to convey irrigation and drainage water,to operate, clean, maintain, and repair
the ditch or lateral, and to access the ditch or lateral for those purposes; and,
WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or lateral for the benefit of
District landowners; and,
WHEREAS, MDC and the CITY are owners of real property that is servient to the District's ditch or lateral
and easement, and is particularly described in the "Legal Description" and/or deeds attached hereto as Exhibit A and
by this reference made a part hereof; and,
WHEREAS,the ditch or lateral crosses and intersects the real property described in Exhibit A as shown on
Exhibit B,attached hereto and by this reference made a part hereof;and,
WHEREAS,pursuant to a separate agreement between MDC and the CITY,the CITY shall be responsible
for the relocation and construction related to and associated with the relocation of the Hunter Lateral as provided
herein and MDC shall be responsible for the future maintenance and repair obligations for said Hunter Lateral upon
completion of said construction/relocation as provided herein;and
WHEREAS,MDC and the CITY desire a license to cross, encroach upon or modify said ditch or lateral and/
or the District's easement under the terms and conditions of this License Agreement;
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements
LICENSE AGREEMENT - I
and conditions hereinafter set forth,the parties agree as follows:
A. Acknowledgment of the District's Easement.
1. Licensee acknowledges that the District's easement for the ditch or lateral includes a
sufficient area of land to convey irrigation and drainage water,to operate, clean,maintain and repair the
ditch or lateral, and to access the ditch or lateral for said purposes,and is a minimum of 40 feet,20 feet on
either side of the centerline.
B. Scope of License
1. The Licensee shall have the right to modify the ditch or lateral or encroach upon the
District's easement along the ditch or lateral in the manner described in the "Purpose of License" attached
hereto as Exhibit C and by this reference made a part hereof
2. Any crossing, encroachment upon or modification of the ditch or lateral and/or the
District's easement shall be performed and maintained in accordance with the "Special Conditions" stated
in Exhibit D,attached hereto and by this reference made a part hereof. Any difference or discrepancy
between the items listed in Exhibit C,"Purpose of License,"and any plans or drawings referenced in or
attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross,
encroach upon or modify the ditch or lateral and/or the District's easement as described in Exhibit C even
if any plans or drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification of the ditch or lateral and/or the District's easement for the purposes and in the manner
described herein. The Licensee shall not excavate,discharge,place any structures,nor plant any trees,
shrubs or landscaping within the District's easement,nor perform any construction or activity within the
District's easement for the ditch or lateral except as referred to in this License Agreement without the
prior written consent of the District.
4. The Licensee recognizes and acknowledges that the license granted by this License
Agreement pertains only to the rights of the District as owner of an easement. The District has no right or
power to create rights in the Licensee affecting the holder of title to the property subject to the District's
easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to
the property. Should CITY and/or MDC fail to obtain such rights from the holder of title to the property
or should the rights obtained prove legally ineffectual, CITY and/or MDC, as applicable, shall,to the
fullest extent permitted by Idaho law,hold harmless,indemnify and defend the District from any claim by
any party arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction,Operation,Maintenance and Repair
1. Licensee agrees that the work performed and the materials used in any construction
permitted by this License Agreement shall at all times be subject to inspection by the District and the
District's engineers, and that final acceptance of the such work shall not be made until all such work and
materials shall have been expressly approved by the District. Such approval by the District shall not be
unreasonably withheld.
LICENSE AGREEMENT- 2
2. Each facility("facility"as used in this License Agreement means any object or thing
installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed,
installed,operated,maintained,and repaired at all times by the Licensee at the cost and expense of the
Licensee.
3. Licensee agrees to construct, install, operate,maintain and repair each facility and
conduct its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b. an interruption or interference with the flow of irrigation or drainage water in the
ditch or lateral or the District's delivery of irrigation water;
C. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
e. an interference with the District's use of its easement to access,operate,clean,
maintain,and repair the ditch or lateral;
f. any other damage to the District's easement and irrigation or drainage works.
4. The CITY and MDC agree,to the fullest extent permitted by Idaho law,to indemnify,
hold harmless, and defend the District from all claims for damages arising out of any of the their
respective construction or activity which constitutes or causes any of the circumstances enumerated in the
preceding paragraph, 3.a.through 3.£, or any other damage to the easement and irrigation or drainage
works which may be caused by the construction, installation,operation,maintenance,repair,and any use
or condition of any facility.
5. The Licensee shall,upon demand of the District,remove any facility or repair any
alteration of the District's easement which interferes with the District's operation and maintenance of the
ditch or lateral, or causes or contributes to any of the circumstances enumerated in the preceding
paragraph, 3.a.through 3.£, or any other damage to the easement and or drainage works. The District
shall give reasonable notice to the Licensee,and shall allow the Licensee a reasonable period of time to
perform such maintenance,repair,and other work, except that in cases of emergency the District shall
attempt to give such notice as is reasonable under the circumstances. The District reserves the right to
perform any and all work which the Licensee fails or refuses to perform within a reasonable period of
time after demand by the District. The Licensee agrees to pay to the District,on demand,the costs which
shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or
support any claim of any kind by the Licensee or any third party against the District for failure to exercise
the options stated in this paragraph,and the Licensee shall,to the fullest extent permitted by Idaho law,
indemnify,hold harmless and defend the District from any claims made against the District arising out of
or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of
the District.
D. District's Rights Are Paramount
1. The Licensee understands and agrees that the ditch or lateral is a manmade channel that
was constructed and is used and maintained by the District for the exclusive purpose of conveying
irrigation or drainage water to lands within the District. As such,Licensee further acknowledges and
agrees that the ditch or lateral does not constitute a natural or navigable watercourse or stream.
LICENSE AGREEMENT- 3
2. The parties hereto understand and agree that the District has no right in any respect to
impair the uses and purposes of the irrigation or drainage works and system of the District by this License
Agreement,nor to grant any rights in its irrigation or drainage works and system incompatible with the
uses to which such irrigation or drainage works and system are devoted and dedicated and that this
contract shall be at all times construed according to such principles.
3. Nothing herein contained shall be construed to impair the ditch or lateral or the District's
easement, and all construction and use of the District's easement by the Licensee and the license herein
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch
or lateral for the transmission and delivery of irrigation or drainage water.
4. The Licensee agrees that the District shall not be liable for any damages which shall
occur to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or lateral. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair
under this or any other paragraph of this License Agreement.
5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the
terms and conditions of this License Agreement,the license of the Licensee under the terms hereof may
be terminated by the District, and any facility, structure,plant,or any other improvement in or over the
ditch,and the right of way therefor,which may impede or restrict the maintenance and operation of such
ditch or lateral by the District with its equipment for the maintenance of the ditch or lateral shall be
promptly removed by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
1. Neither the terms of this License Agreement,the permission granted by the District to the
Licensee,the Licensee's activity which is the subject of this License Agreement,nor the parties exercise
of any rights or performance of any obligations of this License Agreement, shall be construed or asserted
to extend the application of any statute,rule,regulation, directive or other requirement, or the jurisdiction
of any federal, state,or other agency or official to the District's ownership, operation, and maintenance of
its canals, laterals,irrigation or drainage works and facilities which did not apply to the District's
operations and activities prior to and without execution of this License Agreement.
2. In the event the District is required to comply with any such requirements or is subject to
the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activity authorized hereunder,Licensee shall,to the fullest extent permitted by Idaho law,indemnify,hold
harmless and defend the District from all costs and liabilities associated with the application of such laws
or the assertion of such jurisdiction or, at the option of the District,this License Agreement shall be of no
force and effect and the Licensee shall cease all activity and remove any facility authorized by this
License Agreement.
F. Indemnification
1. In addition to all other indemnification provisions herein,MDC and CITY each further
agree,to the fullest extent permitted by Idaho law,to indemnify,hold harmless and defend the District
from any injury, damages,claim, lien,cost and/or expense(including reasonable attorney's fees)incurred
LICENSE AGREEMENT- 4
by, or asserted against,the District by reason of their respective negligent acts or omissions or those of
their respective agents,contractors or subcontractors in performing the construction and activities
authorized by this License Agreement.
G. Fees and Costs
l. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
the District or by the engineers for the District in connection with the negotiation and preparation of this
License Agreement.
2. Should any party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing
or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in
case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the
other party.
H. Miscellaneous
1. No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District.
2. Amendment and Modification. Any amendment or modification of this License
Agreement must be in writing and signed by all parties to be enforceable.
3. Interpreted. This License Agreement shall be interpreted and enforced in accordance
with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third
party and is not enforceable by any third party. If any provision of this License Agreement is determined
by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of
this License Agreement shall remain in full force and effect. The parties represent and warrant to each
other that they each have authority to enter this License Agreement. The catchlines or section headings
herein set forth are provided only for the convenience of the parties in locating various provisions of this
License Agreement, and are not intended to be aids in interpretation of any provision of this License
Agreement with respect to which the parties might disagree at some future time,and shall not be
considered in any way in interpreting or construing any provision of the License Agreement.
4. Binding Effect. The covenants,conditions and agreements herein contained shall
constitute covenants to run with, and running with,the real property described in Exhibit A, and shall be
binding on each of the parties hereto and on all parties and all persons claiming under them or either of
them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective
successors and assigns,including,but not limited to, dedications,transfers and assignments of facilities to
public entities.
5. Notices. Any and all notices, demands,consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa&Meridian Irrigation District See page 1 for Licensee
5525 East Greenhurst
LICENSE AGREEMENT- 5
Nampa, ID 83686
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
6. Counters. This License Agreement may be executed and delivered in counterparts,
each of which shall be deemed to be an original and all of which shall constitute one and the same
instrument.
IN WITNESS WHEREOF,the District has hereunto caused its name to be subscribed and the
Licensee has caused its name to be subscribed by its duly authorized officer, all as of the day and year
herein first above written.
NAMPA&MERIDIAN IRRIGATION DISTRICT
By
Greg Curtis,Water Superintendent
STATE OF IDAHO )
ss:
County of Canyon )
On this day of , 2023,before me,the undersigned, a Notary Public in
and for said State,personally appeared GREG CURTIS,known to me to be the Water Superintendent of
NAMPA&MERIDIAN IRRIGATION DISTRICT,the irrigation district that executed the foregoing
instrument and acknowledged to me that such irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the
day and year in this certificate first above written.
Notary Public for Idaho
Residing at ,Idaho
My Commission Expires:
LICENSE AGREEMENT- 6
MERIDIAN DEVELOPMENT CORPORATION,
By:
Its:
STATE OF IDAHO )
)ss.
County of Ada )
On this day of ,2023,before me,the undersigned,a notary public in
and for said state,personally appeared known or identified to me to be the
of MERIDIAN DEVELOPMENT CORPORATION,the entity that executed
the foregoing instrument,and acknowledged to me that said entity executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and
year in this certificate first above written.
Notary Public for
Residing at ,
My Commission Expires:
LICENSE AGREEMENT- 7
THE CITY OF MERIDIAN
By
ATTEST: Mayor
City Clerk, Chris Johnson
STATE OF IDAHO )
) ss:
County of Ada )
On this 3rd day of October ,2023,before me,the undersigned, a Notary Public in and
for said State,personally appeared Robert E. Simison and Chris Johnson ,known to me
to be the Mayor and City Clerk ,respectively,of The CITY OF
MERIDIAN,the entity that executed the foregoing instrument and acknowledged to me that such entity
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and
year in this certificate first above written.
Notary Public for
Residing at Meri ian, ID
My Commission Expires: 3-28-2028
LICENSE AGREEMENT-8
EXHIBIT A
Licensee's Property
MDC and the CITY's respective Properties are described in the deeds attached hereto as Exhibit
A-1 and by this reference incorporated herein and as described and depicted in the survey attached hereto
as Exhibit A-2 and by this reference incorporated herein.
EXHIBIT B
Location of Pro2ert►/Lateral
See Exhibit D-1 attached hereto.
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit and allow Licensee to:
1. pipe and relocate a portion of the Hunter Lateral for a distance of approximately 530 feet
in HDPE pipe, including new irrigation boxes;
2. relocate the Hunter Lateral as provided above in the roadways for E. 31 Street and E.
Idaho Avenue and construct and install roadway improvements, including asphalt paving,
concrete sidewalks and curbs and gutter within the District's easement for the Hunter
Lateral; and
3. construct and install bike racks, street lights,benches, and landscaping consisting of
grasses, sprinklers, low lying shrubs and Class I ornamental trees within the District's
easement(any trees shall be planted in self-contained planter beds to protect intrusion
from the tree roots),
all within or near Licensee's real property described in Exhibit A,Meridian Civic Block/River Caddis
Development, located southwest of the intersection of E. 3' Street and E. Idaho Avenue in Meridian,Ada
County, Idaho. No other construction, landscaping or activity is permitted within or affecting the Hunter
Lateral or the District's easement. All storm water is to be retained on-site.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance the plans
attached hereto as Exhibit D-1 and by this reference incorporated herein. The construction,relocation and
installation concerning the Hunter Lateral as described herein, and as provided in the attached plans, is
being performed by the CITY, and the parties agree the construction,installation and relocation of the
Hunter Lateral shall be the responsibility of the CITY and its future successors and assigns. Any and all
obligations and responsibilities,including performance of construction in accordance with said plans,
shall initially be the responsibility of the CITY and the District shall require the CITY to perform all
obligations required under the terms of this License Agreement relating to said construction conditions
and requirements. Upon notice of completion of the piping and relocation of the Hunter Lateral provided
LICENSE AGREEMENT- 9
herein,MDC, and its successors and assigns,then agrees to assume the maintenance and repair
responsibilities for the entirety of the Hunter Lateral piped and relocated provided herein, including the
obligations provided in paragraph g.below.
b. MDC and CITY shall notify the District's Superintendent prior to and immediately after
their respective construction activities so that he or the District's engineers may inspect and approve the
construction.
C. The Hunter Lateral is being relocated into the road rights-of-way of Ada County
Highway District(hereinafter"ACHD")for E. 3rd Street and E. Idaho Avenue. Licensee is responsible
for obtaining any and all licenses or permission from ACHD to perform construction within said road
rights-of-way to pipe and relocated the Hunter Lateral. Additionally, Licensee shall obtain an easement
from ACHD for that section of the Hunter Lateral relocated or realigned by Licensee under the terms of
this agreement within ACHD's rights-of-way. Execution and delivery of said easement from ACHD is a
material and essential term of this agreement and if not executed and delivered, at the option of the
District this agreement may be terminated and be of no force and effect. Upon request by Licensee and
submission of a legal description to the District,the District shall relinquish its easement along the Hunter
Lateral where it has been replaced by relocation of the Hunter Lateral.
d. The realignment,piping,installation,backfill and compaction shall,at a minimum,meet
the requirements of the District and standard specifications for such materials and construction, as set
forth in the Idaho standards for public works construction or other standards recognized by the city or
county in which the piping or realignment for the Hunter Lateral is to be placed.
e. Upon installation of the pipe and relocation of the Hunter Lateral in accordance with the
above-referenced plans,the CITY shall provide the District written notice that the facilities installed and
work performed by the Licensee are ready for final inspection and approval by the District. Within two
(2)weeks after receiving such written notification from the CITY,the District shall perform an inspection
and,if the facilities have been constructed and installed and all work has been performed in compliance
with the terms of this agreement,the District shall provide written notice to the Licensee of final
approval. If the District's engineers perform such inspection,CITY shall pay the District's engineers any
reasonable charge in connection therewith.
f. The Licensee shall not fill, alter, or perform any work affecting the Hunter Lateral or the
District's easement for the Hunter Lateral, and the old, existing channel of the Hunter Lateral(except for
connecting points to the new relocated sections)shall remain open and serviceable for use and
maintenance by the District for all irrigation and drainage purposes until and unless the Licensee has
received written notice from the District of final approval of the construction and installation of the new
ditch,pipe and realignment for the Hunter Lateral as provided in paragraph e. of this agreement. After
the Licensee receives notice of final approval from the District,and upon request by Licensee and
submission of a legal description to the District,the District shall relinquish its easement along Hunter
Lateral where it has been replaced by relocation of the Hunter Lateral by filing a Relinquishment of
Easement with the county recorder. Licensee shall be responsible for operation and maintenance
associated with the Licensee's backfill of the old, existing Hunter Lateral. MDC and CITY each further
agrees,to the fullest extent permitted by Idaho law,to indemnify,hold harmless and defend the District
LICENSE AGREEMENT- 10
from any injury, damages, claim,lien,cost and/or expense(including reasonable attorney's fees)incurred
by, or asserted against,the District by reason of drainage or seepage associated with their backfill of the
Hunter Lateral on their respective properties,including,but not limited to, any claims, costs, damages
and/or expenses incurred by or asserted against the District by adjoining property owners as the result of
drainage or seepage caused by the backfill and relocation of the Hunter Lateral by MDC and CITY.
g. MDC and its successors and assigns shall be responsible for repair and maintenance
associated with the Hunter Lateral piped and relocated as part of this License Agreement, including
rehabilitation or replacement of the pipe and any boxes installed as part of said piping within ACHD's
right-of-way. Maintenance and repairs shall include,but not be limited to, all repairs necessary to
preserve the structural integrity of the ditch or lateral and its banks and unobstructed flow of water
through such portion of the ditch or lateral and prevent the loss of water from the portion of the ditch or
lateral within ACHD's right-of-way. If MDC shall fail in any respect to properly maintain and repair
such portion of the ditch or lateral,then the District, at its option,and without impairing or in anyway
affecting its other rights and remedies hereunder, shall have the right to perform the necessary
maintenance and repairs and MDC agrees to pay to the District, on demand,the cost or expense which
shall be reasonably expended or incurred by the District for such purposes. The District shall give
reasonable notice to Licensee prior to the District's performing such maintenance,repair or other work
except that in cases of emergency the District shall attempt to give such notice as reasonable under the
circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or
any third party against the District for failure to exercise the options stated in this paragraph, and MDC
shall,to the fullest extent permitted by Idaho law,indemnify,hold harmless and defend the District from
any claims made against the District arising out of or relating to MDC's obligation to maintain and repair
the ditch or lateral as provided in this paragraph except for claims arising solely out of the negligence or
fault of the District.
h. Licensee acknowledges and agrees that should the landscaping or other encroachments
need to be removed in order for the District to access, operate,maintain or repair the Hunter Lateral, it
shall be Licensee's obligation and cost of removing or replacing the landscaping and/or encroachments.
Licensee further agrees that the District shall not be liable for any damages which shall occur to the
landscaping or other encroachments in the reasonable exercise of the rights of the District in the course of
performance of maintenance or repair of the Hunter Lateral.
i. Piping and relocation of the Hunter Lateral, and anything affecting the channel of the
Hunter Lateral, shall be completed during the non-irrigation season and construction shall not commence
prior to October 15,2023 and shall be completed prior to March 15,2024. All other construction not
affecting the channel of the Hunter Lateral shall be completed within one year of the date of this
Agreement. Time is of the essence.
LICENSE AGREEMENT- 11
226431 ,IB/HH
r• _�. ADA COUNTY RECORDER J.DAVID NAVARRO 1
S00iE IDAHO 03MM3 64:17 PIA
DEPUTY Joanne Hooper
RECORDED—REDDEST OF III I+IIII�I'I'III'I'I�I�IIIIIII ll I'll
Pioneer I 1
AMOUNT I M 103041454
A Pioneer Company
PIONEER TITLE COMPANY
OF ADA COUNTY
821 W.State St/Boise,Idaho 83702
(208)373-3744
CORPORATE WARRANTY DEED
FOR VALUE RECEIVED,
Farmers and Merchants State Bank
a corporation duly organized and existing under the laws of the State of Idaho,grantor,does hereby Grant,Bargain,
Sell and Convey unto
City of Meridian,a municipal corporation
whose address is: 33 East Idaho,Meridian,lb 83642,grantee,the following described real estate,to-wit:
Lots 1,2,3,4 and 5 in Block 2 of Amended Plat of Rowan Addition to Meridian,according to the official plat
thereof,filed in Book 2 of Plats at Page 52,official records of Ada County,Idaho.
SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision,
restrictions,U.S.patent reservations,easements of record and easements visible upon the said premises.
TO HAVE AND TO HOLD The said premises,with their appurtenances unto the said Grantee,his heirs and
assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that it is the owner in a fee
simple of said premises;that they are free from all encumbrances and that it will warrant and defend the same from
all lawful claims whatsoever.
IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed by its officers this 26th day of February,2003.
Farmers an ants State Bank
STATE OF IDAHO,County of Ada,ss. /
On this 26th d y of February,in the year of 2003,before me the undersigned,a notary public,personal.] e f l ore--
appeared mrWeM&A known or identified to me to be the Ej �t f Me Il te, of
the corporatibA that executed the instrument or the person/persons who ex---uted the instrument on behalf of said
corporation,and acknowledged to me that such corporation execute same. /1 1
•"r�15S L /�� u L.Blosch
�r4
,a -Z . No ry Public of IDAHO
M 110 r. a R iding at Boise,Idaho
.`` �. nmrission c.p sic>. March 17,2003
rn� �sLIC >a
O obi:'
.OF IDA�.•`s
,cean+`
Exhibit A-1 , page 1
ADA COUNTY RECORDER lhdolopher D.Ride AMOUNT 16.00 3
IIOISE IDAHO/18/31111 01:16 PM ll DEPUTY Allen RECORDED--REQUEST OF
Borlon Lew 111070612
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
Joe Borton
Borton Lakey Law Offices
1310 N. Main St.
Meridian,ID 83713
(Space Above For Recorder's Use)
QUITCLAIM DEED
For good and valuable consideration the receipt of which is hereby acknowledged, The
Meridian Development Corporation, the Urban Renewal Agency for the City of Meridian,
("Grantor"), does hereby release and forever quitclaim unto The Meridian Development
Corporation,the Urban Renewal Agency for the City of Meridian ("Grantee"),whose address is
33 East Broadway Ave., Meridian,Idaho 83642,and its heirs,successors and assigns forever,all
right, title and interest which Grantor now has or may hereafter acquire in the real property
situated in Ada County, State of Idaho,and more particularly described on Exhibit"A"attached
hereto and incorporated by this reference;
TO HAVE AND TO HOLD, all and singular the said real property,
together with all appurtenances, tenements, hereditaments, reversions,
remainders, rents, issues, profits, rights-of-way, and water rights in
anywise appertaining to the real property herein described, as well in law
as in equity,unto Grantee,and to its heirs,successors and assigns forever.
WITNESS the hand of said Grantor this 3 k day of 20__h_.
Grantor:
MERIDIAN DEVELOPMENT CORPORATION
By: - Q. f_-n"
J#Pipal,Chairman
Quitclaim Deed—Pg. 1
Exhibit A-1 , page 2
STATE OF IDAHO )
)ss.
County of Ada )
On this ;�IStday of 20 11 , before me a notary public,
personally appeared Julie Pipal,known r identified to me,to be the Chairman of the corporation
that executed the instrument or the person who executed the instrument on behalf of said
corporation,and acknowledged to me that such corporation executed the same.
•' �pTAR f, Notary ublic for I aho
_ � Residing at: Idaho
t �°U a LAG• Commission Expires: __ Q 2- a b l(�
OF 1�P•'��
•+++r a nN+``
Quitclaim Deed—Pg.2
Exhibit !A-1 , page 3
EXHIBIT A
BOUNDARY"DESCRIPTION
FOR
MIKR L4,N DEMOPMENT CORPORATION
PARCEL l
A parcel located in Govmunent I.ot 3 and the NE i!of the SW Y.of Section 7,Township 3
Nottb,Range I East,Boise Meridian,and being Lot 9 of Block 6 of the AMENDED PLAT OF
TOWNSITB 0FJW'MMN as shown in Book 1 of Plats at Page 30 in the office of the Recorder,
Ada County,Idaho and Lots 6,7,8,9 and 10 of Block 2 of the AMENDED PLAT OFROWAN
ADDITION as shown in Book 2 of Plats at Page 52 in said office of the Recorder, more
particuladydescdbed as follows:
BEGINNING at a 519 inch diameter iron pin marking the southeasterly corner ofsaid Lot 10;
Thence N 88°42'24"W along the southerly boundary of said Lot 9 of Block 6 and Lots 6,7,8,9
and 10 of Block 2 a distance of 195.76 fed to a 518 inch diameter iron marking the southwesterly
comer of said Lot 9 of Block 6;
Thence N 0°28'34"E along the westerly boundary of said Lot 9 of Block 6 a distance of 120.10
feet to a 519 inch diameter iron pin marking the northwesterly comer of said Lot 9 of Block 6;
Thence 8 88142'46"E along the northerly boundary of said 1.01 9 of Block 6 and Lots 6,7,8.9
and 10 of Block 2 a distance of MAU feet to a 518 inch diameter iron pin marking the
northeasterly corner of said Lot 10;
Thence S 1*21'54"W along the easterly boundary of said Lot 10 a distance of 120.11 feet to the
POINT OF BEGINNING.
This parcel contains 0.542 acres and is subject to any easements existing or in use.
Prepared by: Glenn K.Bennett,PLS R
Civil Survey Consultants,Incorporated ,�Zf
3unc 27,2011
0, O
,p
et„ .of
Quitclaim Deed-Pg.3
Exhibit A -1 , page 4
Sir value Received
SAILYE C. 1W3 M, a uidow, forarxly br.� an SAlixt C. k?']I3a, alr+o
krMn as I Al l yf. C. DIM IVJM
hcrainafter referred to as CratAmr, dos tA2xbj grant, bargain, rel1, atd mrr+rj umo
CITI of kt1RIDtAN
htxvi fter referred to as Gra.-rae, $t1=e as-rw9-1 015dre=6 ice.
33 EAS-A MUD sipn:►
'INIDun., lr.VK3 63542
the follevinq d¢eibed priers:, to-vit:
acts 5 atd 10. and the Ngwth 90 fort Of 1.et 6, 7 atd 8, atd the lar.t
8.5 feet of ttta South 30 feet of tat 6. ALL in Block 6 of the ljxm3ml
Plat of the C*UGUrAL IMCSrrt Cr taRWI1lt, an stgagn an UM offiCial
plat thereof, filed in Book. l of Plats at Par)l 10, Official 1eomrd-,,
Ada Cowrty, Idilho.
70 RAVE AND 70 WtD the raid pmainw. with tto-- r appzj arrvw' vm %=to tto said
Gramm, his heirs and a:Gigao farowr. find the said Granur do.-- t=vW mnsartt
to and vlth the staid Cratdm. that Crardw is the o4*r In W WtVle of said
preaism; that said prmises are- free frau all erc branors nooc autTent years
tom, levies, and aS*C=-r- AS, atd MWMt V. S. PataVt rmetvatjoM, rr-;tjCtJCM,
tests of re= , and earumwnts visible upen tine prcnisrs, atd that r.rwa"wi l l
aearrat,t wd deferd the Sam± fret al clam +•O-at=--oar.
toted: rkuvh I 1 5 TJ ; 5
FIRST►MER1CAN TITLE CO.
sAu.Yt: . IIAiWiR J. L•41:1: �?�q
07.71
STATE of MM13 1 '93 MR 3 P.1'1 11 07
MUTT t of ADA 1
On This a y of 14nrh, in the year M3, before m. a tk&ary pubiiC
in and for said state, lly aMMted &MLYE C. 194M, kxwn or it/miffed to
x to tae the Per== %txm thwes am sWbxribod to the vithin ltu-trawft, AM
acJcno►rled an I to me that ttL-j cxucu ad the name.
ltary Pzbl is for Idaho
L.4tir4, firsid" at Boise, ldV*
4� oA:� Crrissicn b�pireu: Dt]C33�431R 31, 14?S
i t�OT,� PN
LOJL
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IC�t ",W
First American Title Compatky of Idaho
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E IDIAN.;---
AGENDA ITEM
ITEM TOPIC: Department Reports
JAIL BOND WWW.ADAJAILPROJECT.ORG Sheriff Ada County
•www.adajailproject.org GROWTHPOPULATION projected to exceed 600,000.By 2030, our population is •than 38% since 2010.surging and has grown by more Ada County’s population is
1995 TIMELINEJAIL www.adajailproject.org 544,5902023 Population:416,180Population:2013 375,3682007 Population:327,3932003 Population:256,860Population:1995 154,507Population:1977 160
Beds1977Beds20131,028 Beds2007Beds864 2003560 Beds
ADA COUNTY JAIL TOUR www.adajailproject.org
JAIL INFRASTRUCTURE www.adajailproject.org Jail LaundryJail BookingJail Kitchen The current jail infrastructure cannot sustain the current number of inmates.
11,000 www.adajailproject.org INMATESADA COUNTY JAIL probation or parole.of up to one year, or have violated their term sentences -sentencing, serving short-postpeople who are pending
trial, pending transfer The Ada County Jail is required by law to hold 2023 average daily a felony chargeTotal population with 1,00586%serving timeInmates yearBookings per 6%
Innovative www.adajailproject.org ReleasePretrialTransition CenterCommunity ProbationMisdemeanor SentencingAlternative Solutions
Ada County Alternative Sentencing Video www.adajailproject.org
PROPOSED AccessSecureNew•Warehouse•CenterTransport•PodHousing•Laundry•Kitchen•Intake&Booking•www.adajailproject.orgdesigned with the future in mindsolve multiple pressing issues and
is The proposed expansion aims to PROJECT
PROPOSED PROJECT based on current conditions.taxable assessed value per year taxpayer is $3.60 per $100,000 of The estimated average cost to the •already been paid for.design and site
development have Land acquisition and a portion of the •www.adajailproject.org
WHAT’S www.adajailproject.org Tuesday, November 7thElection day is NEXT
FOR MORE www.adajailproject.orgproject website:Ada County Jail Visit the
The total cost of the jail expansion project, including land acquisition costs, site development, accrued, is $0.00.assessed value, per year, based on current conditions. The total existing
indebtedness of Ada County, including interest The estimated average annual cost to the taxpayer of the proposed bond is a tax of $3.60 per $100,000 of taxable date of issuance.of $49,000,000
in principal and $22,665,875 of interest. The term of the bonds will not exceed twenty (20) years from the The total amount to be repaid over the life of the bonds, based on the anticipated
interest rate, is $71,665,875, consisting hundredths percent (3.87%) per annum.seven -The anticipated interest rate on the proposed bond issue, based upon current market rates, is three
and eightybond for $49 million. Of the total project cost of $69.6 million, the County is proposing to pay $20.6 million from currently available funds and www.adajailproject.org in
bonds to fund the remaining cost.an additional $17.1 million, and is asking voters to authorize the issuance of up to $49 million The County plans to use a dedicated construction fund
and available budgeted funds to pay complete the project as estimated. development, and partial design of the project. An additional $66.1 million will be needed to To date, the County
has spent approximately $3.5 million on land acquisition costs, site design, permitting, construction, and furnishing is estimated to be $69.6 million.
Purpose vehicle traveler-Charged with evaluating the experience for non•Established in response to tragic pedestrian versus vehicle crashes•
Collaboration Hunter MulhallCOMPASSDr. David ReinhartWest Ada School DistrictRyan HeadACHDMotor Officer Jacob SimonCorporal Adnan RudanCaptain Berle StokesChief Tracy BasterrecheaDepartmentMeridian
Police Stephany GalbreaithMiranda CarsonCaleb HoodDave MilesCouncilman John OvertonCity of Meridian Innumerable breakout meetings and discussions•Met 14 times over 8 months•site visits-Meridian
Police Department provided opinions from on•Interagency effort•
Goals community feedback• Centralize resources for improvements• Utilize data for safety mobility network users• Improve the safety of all
Review of Ongoing Efforts Year Work Plan (IFYWP)-Community Projects through the Integrated Five•Traffic signal & pedestrian crossing maintenance & audits•ADA Advisory Committee•Bicycle
Advisory Group•Pedestrian Advisory Group•Advisory groups•Neighborhood Bike & Pedestrian Plans•ACHDCommunity Development Block Grants for improvements•Police department enforcement &
data •Parks Department & Pathways•Transportation Commission•Development requirements•City of Meridian
Review of Ongoing Efforts Safe Streets and Roads for All Federal Grant•Regional Safety Action Plan•Walkability to schools analysis•range transportation plan (Communities in Motion 2050)
-Long•COMPASSParticipation in the ACHD IFYWP process•Identify & review bus stop locations for pupil security•Student Mobility Safety Commission reviews walk zones•West Ada School District
Safety Audit reviews• Detailed intersection feedback• Review of community • Street light audithazardssite -• Identification of on• Analysis of crash data• Over 140 sites
Community Outreach Map survey•Desk TicketWASD Transportation Help •ACHD Tell Us•Streetlight Outage•attentionneeding immediate Links to report concerns •updates & informationDedicated
web page for •City and ACHD team effort•
Feedback Received
Recommendations Central Repository for Transportation Safety Information•Sidewalk Gap Analysis•Pedestrian Overpass opportunities•Pedestrian Facilities•Current application of ACHD’s Bike
Policies•Bike Lane Interactions & Vehicular Traffic•Bicycle Facilities•Speed Limit Defaults and Reductions•Study Opportunities
Recommendations Retrofit 184 Street Lights from Halogen to LED•Improvements to Pathway, Sidewalk, and Bike lane gaps and deficiencies•Traffic signal changes•Specific area speed reductions•Improvement
s to existing crossings•New crosswalk paint and signalizations•Identified Intersection Improvements
Thank you!