HomeMy WebLinkAboutAda County Joint Powers Agreements Countywide Development Impact Fees (� E N
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Work Session
From: William L. M. Nary, City Attorney and Meeting Date: June 17, 2025
Kurt Starman, Deputy City Attorney
Presenter: Kurt Starman, Deputy City Attorney Estimated Time: 15 minutes
Topic: Consider Approving Intergovernmental and Joint Powers Agreements with Ada
County and the Ada County Emergency Medical Services District Concerning
Countywide Development Impact Fees
Recommended Council Action:
Consider approving Intergovernmental and Joint Powers Agreements ("Agreements") with Ada
County ("County") and the Ada County Emergency Medical Services District ("District") concerning
the capital improvements plans ("CIPs") that are necessary to implement countywide development
impact fees.
Background:
The County and District wish to adopt countywide development impact fees to partially fund
coroner-,jail-, and EMS-related capital improvements associated with new development. The
proposed fees,which total $750 per single-family housing unit,would be similar to the
development impact fees collected by the Ada County Highway District. Unlike ACHD, however,
the County and District cannot collect development impact fees within the incorporated cities
without each city's participation. In order to proceed, every incorporated city must: (1) enter into
intergovernmental agreements with the County and District; (2) adopt the CIPs; and (3) adopt an
ordinance. Based on that, the City Council has discussed a four-step implementation plan, as
follows:
1. Enter into Agreements with the County and District that only address the CIPs at this time.
The Agreements do not require the City to adopt the CIPs, nor do they require the City to
adopt countywide development impact fees. Rather, the City would simply agree to
consider the CIPs.
2. If the Agreements are approved,the City would then consider the CIPs in accordance with
the Idaho Development Impact Fee Act. The basic steps are as follows:
a. The Ada County/Ada County Ambulance District Development Impact Fee Advisory
Committee would forward its written comments to the City in accordance with the
Idaho Development Impact Fee Act.
b. The Planning and Zoning Commission would conduct a public hearing concerning
the CIPs and forward its recommendation to the City Council.
c. The City Council would conduct a public hearing and make its determination. If
adopted,the CIPs would be added to the City's Comprehensive Plan. The City would
not require an application fee to process the Comprehensive Plan amendment given
the City's direct involvement.
3. If the City adopts the CIPs, it would then pause until all the other cities have adopted (a) the
CIPs and (b) the ordinances necessary to collect countywide development impact fees.
4. If all the other cities timely adopt the CIPs and necessary ordinances,the City would then
consider adopting an ordinance to collect countywide development impact fees.A
successor intergovernmental agreement would also be necessary at that time.As noted
above, however,the City would not be obligated to adopt countywide development impact
fees.
Approval of the Agreements would be consistent with "step one" of the implementation plan.
The City Council has been receptive to working with the County and District on countywide
development impact fees but has noted some reservations about a coroner-related fee, since
coroner-related facilities are not explicitly delineated in Idaho Code section 67-8203(24)(0. If the
City Council determines it does not wish to consider the CIP concerning coroner-related facilities,
it is recommended that the City Council refrain from acting on the Agreements at this time so that
staff can make modifications as needed. The Agreements could then be placed on a future consent
agenda for final action.
Agreements included on the agenda as potential action items:
- Ada County and City of Meridian Intergovernmental and Joint Powers Agreement
Concerning Capital Improvements Plans for County System Improvements
- Ada County Emergency Medical Services District and City of Meridian Intergovernmental
and Joint Powers Agreement Concerning Capital Improvements Plans for District System
Improvements
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
AGREEMENT NO. 30465
ADA COUNTY AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT
CONCERNING CAPITAL IMPROVEMENTS PLANS
FOR COUNTY SYSTEM IMPROVEMENTS
[Idaho Code §§ 67-8204A & 67-23281
Parties to Agreement:
Ada County County Ada County Board of
Commissioners
200 W. Front Street, Third Floor
Boise, Idaho 83702
City of Meridian City City of Meridian
Attn: City Clerk
33 E. Broadway Avenue
Meridian, Idaho 83642
THIS ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL
AND JOINT POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS
PLANS FOR COUNTY SYSTEM IMPROVEMENTS ("Agreement") is entered into this date
of April 8, 2025 ("Effective Date")by and between Ada County ("County") and the
City of Meridian("City")as an intergovernmental agreement as provided for in Idaho Code § 67-
8204A.
NOW, THEREFORE, 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, the Parties hereby mutually promise, covenant, and agree as follows:
SECTION 1
DEFINITIONS
For all purposes of this Agreement, the following terms have the definitions as herein
provided in this Section unless the context of the term clearly requires otherwise:
1.1 Act: Means and refers to the Idaho Development Impact Fee Act, Chapter 82, Title 67,
Idaho Code as it may be amended or restated from time to time.
1.2 Advisory Committee: Means and refers to the Ada County/Ada County Ambulance
District Development Impact Fee Advisory Committee, which shall serve as the
development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to
prepare and recommend the Capital Improvements Plans ("CIPs") and any amendments,
revisions, or updates of the same.
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 1
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
1.3 Agreement: Means and refers to this Ada County and City of Meridian Intergovernmental
and Joint Powers Agreement Concerning Capital Improvements Plans for County System
Improvements.
1.4 Capital Improvements Plans and/or CIPs: Means and refers to, collectively, the May
24, 2024 Jail Capital Improvement Plan and Development Impact Fee Study and the May
24, 2024 Coroner Capital Improvement Plan and Development Impact Fee Study, all of
which were prepared for and adopted by the County.
1.5 City: Means and refers to City of Meridian, Idaho, Party to this Agreement.
1.6 City Council: Means and refers to the City Council of the City of Meridian, Idaho.
1.7 County: Means and refers to Ada County, Idaho, Party to this Agreement.
1.8 Party/Parties: Means and refers to the County and/or the City, as the Parties in this
Agreement, depending upon the context of the term used in this Agreement.
1.9 Service Area: Means and refers to a service area as defined in the Act at Idaho Code § 67-
8203(26). Said Service Area shall encompass the entirety of Ada County, including all the
incorporated cities.
1.10 System Improvements: Means and refers to capital improvements to public facilities
designed to provide service to a service area as defined in the Act at Idaho Code §
67-8203(28).
SECTION 2
PURPOSES&AUTHORITY
2.1 The purpose of this Agreement is to provide a structure that will enable,but not require,the
City to adopt the CIPs. The CIPs are intended to promote and accommodate orderly growth
and development, protect the public health, safety, and general welfare of residents
countywide, and to further the best interests of the Parties.
2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any power,
privilege, or authority authorized by the Idaho Constitution, statute, or charter. The
Parties, each being a public agency, hereby agree to exercise jointly their respective
powers, privileges, and authorities in accordance with Title 67, Chapter 82, Idaho Code.
2.3 Idaho Code § 67-8204A provides that the County and City have authority to enter into an
intergovernmental agreement for the purpose of developing joint plans for capital
improvements.
2.4. The County is responsible for providing coroner-and jail-related services on a countywide
basis.
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 2
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
2.5. The County is experiencing considerable growth and development, and the County's
ability to provide coroner- and jail-related services are affected by said development.
2.6 The County has provided the City with the CIPs,which were prepared in accordance with
the requirements of Idaho Code § 67-8208 in consultation with the Advisory Committee
as provided in Idaho Code §§ 67-8205 and 67-8206(2).
2.7 The Ada County Board of Commissioners has adopted the CIPs in accordance with Idaho
Code §§ 67-8206(3) and 67-8208(1).
2.8 The County has requested that the City adopt the CIPs in accordance with the Act, and the
City is willing to consider said request. The Parties acknowledge and agree, however,that
the City Council cannot and shall not be bound by this Agreement to adopt the CIPs.
2.9 That by reason above stated, the Parties have determined it is necessary and desirable to
enter into this Agreement.
SECTION 3
ADVISORY COMMITTEE
3.1 Advisory Committee. The Ada County/Ada County Ambulance District Development
Impact Fee Advisory Committee shall serve as the development impact fee advisory
committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the CIPs and
any amendments, revisions, or updates of the same.
3.1.1 Administration and Staffing. The County shall provide for the administration and
staffing of the Advisory Committee. Advisory Committee members shall be
appointed in accordance with the requirements of Idaho Code § 67-8205.
3.1.2 Charge. The Advisory Committee shall serve as an advisory committee to the Ada
County Board of Commissioners and City Council and is charged with the
responsibilities set forth in Idaho Code § 67-8205(4).
3.1.3 Written Comments. The County shall cause the Advisory Committee to file its
written comments concerning the CIPs with the City on or before June 30, 2025,to
provide the City with ample time to consider the CIPs prior to the termination of
this Agreement.
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 3
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
SECTION 4
SERVICE AREA
4.1 Idaho Code § 67-8203(26) provides that the Parties can identify a geographic area by
an intergovernmental agreement in which specific public facilities provide services to
development within that geographic area on the basis of sound planning or engineering
principles or both.
4.2 The CIPs and this Agreement define the Service Area as the entirety of Ada County,
including all the incorporated cities.
SECTION 5
COSTS SPECIFIC TO COUNTY
5.1 The County shall pay the following costs:
5.1.1 All costs associated with the Advisory Committee; and
5.1.2 All County costs associated with drafting this Agreement and any amendment or
termination of the same; and
5.1.3 All costs associated with the County's performance of this Agreement; and
5.1.4 All legal costs and fees associated with any action brought by a third party
concerning the validity of the CIPs or this Agreement.
SECTION 6
CITY COUNCIL ACTION
6.1 After the Advisory Committee files its written comments concerning the CIPs with the City
in accordance with the Act and Section 3.1.3 of this Agreement,the City shall consider the
adoption of the CIPs in accordance with the Act.
6.2 If the City adopts the CIPs, the City agrees to consider the possibility of adopting a City
ordinance concerning the countywide development impact fees delineated in the CIPs, but
only after (a) the Parties negotiate and agree on a new intergovernmental agreement for
that purpose and (b) all the incorporated cities in Ada County have adopted (1) the CIPs
and(2)the ordinances necessary to implement countywide development impact fees.
6.3 The Parties acknowledge and agree that:
6.3.1 Nothing in this Agreement shall be construed as requiring the City to adopt the
CIPs; and
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 4
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
6.3.2 Nothing in this Agreement shall be construed as requiring the City to adopt an
ordinance implementing countywide development impact fees.
SECTION 7
INDEMNIFICATION
7.1 To the extent permitted by law, County shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless for all claims, losses, actions, damages,
judgements, costs, expenses arising out of or in connection with any acts or omissions of
the County related to the CIPs or this Agreement. In the event of such claim, County shall
defend such allegations,and County shall bear all costs, fees,and expenses of such defense,
including,but not limited to,all attorney fees and expenses,court costs, and expert witness
fees and expenses.
SECTION 8
TERM/TERMINATION/AMENDMENT
8.1 Term. This Agreement shall terminate on December 31, 2029, unless terminated earlier
in accordance with Section 8.2 of this Agreement.
8.2 Party Termination. This Agreement may be terminated by either Party upon ninety (90)
day notice in writing to the other Party.
8.3 Amendment. This Agreement may be amended only by written agreement of the Parties.
SECTION 9
NOTICE AND DELIVERY OF DOCUMENTS
9.1 Notices. All notices,requests or demands to a party hereunder shall be in writing and shall
be given or served upon the other party by US Mail or email addressed as set forth below.
9.2 Contact Information. The contact information for purposes of notice to and/or the
delivery of documents to the County is as follows:
Ada County Development Services
Attn: Director
200 W. Front Street, Boise, ID 83702
dswebportalcontactus@adacounty.id.gov
With Copy to:
Ada County Prosecutor's Office
Attn: Chief Civil Deputy
200 W. Front Street, Room 3191
Boise, Idaho 83702
adacountyprosecutor@adacounty.id.gov
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 5
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
9.3 The contact information for purposes of notice to and/or the delivery of documents to the
City is as follows:
City of Meridian
Attn: City Clerk
33 E. Broadway Ave.
Meridian, Idaho 83642
cjohnson@meridiancity.org
SECTION 10
GENERAL PROVISIONS
10.1 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.
10.2 Electronic and Non-Electronic Signatures: The County and City may execute this
Agreement using handwritten signatures or electronic signatures, in accordance with
Idaho's Uniform Electronic Transactions Act. The Parties acknowledge and agree that both
signature methods are equally valid and binding for the purposes of this Agreement.
10.3 Severability. Should any term or provision of this Agreement or the application thereof to
any person, parties, or circumstances, for any reason be declared illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement, and this
Agreement shall be construed and enforced as if such illegal or invalid provision had not
been contained herein.
10.4 Choice of Law and Venue. This Agreement shall be governed and interpreted by the laws
of the state of Idaho. Venue shall be Ada County, Idaho.
10.5 Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements,promises,or inducements made
by either Party, or agents of either Party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both Parties.
10.6 Time of the Essence. Time shall be of the essence for all events and obligations to be
performed under this Agreement.
10.7 Attorneys' Fees. If either Party brings any action or proceedings to enforce, protect or
establish any right or remedy under the terms and conditions of this Agreement, the
prevailing Party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
10.8 Assignment. No Party may assign this Agreement or any interest therein.
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 6
Docusign Envelope ID: FABOAEE2-4DO7-4387-AC1B-A977DEDE1013
IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year
written above.
Board of Ada County Commissioners
DocuSigned by:
4/8/2025 1 4:16 PM MDT
By: ��
Rod Beck, Commissioner
DocuSigned by:
4/9/2025 1 2:14 PM MDT
By:
Ryan Davidson, Commissioner
FDocuSigned by::V By: -0* 4/10/2025 1 12:21 PM MDT
Thomas Dayley, Commissioner
ATTEST:
Z
gned by:
4/10/2025 1 2:38 PM MDT
Trent Tripple, Ada County Clerk
City of Meridian
By:
Mayor Robert E. Simison 6-17-2025
ATTEST:
Chris Johnson, City Clerk 6-17-2025
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 7
Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
AGREEMENT NO. 30708
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT
AND CITY OF MERIDIAN INTERGOVERNMENTAL AND
JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM
IMPROVEMENTS
[Idaho Code §§ 67-8204A&67-2328]
Parties to Agreement:
Ada County Emergency Medical District Ada County Emergency Medical
Services District Services District
Attn:Director
370 N. Benjamin Ln.
Boise, Idaho 83704
City of Meridian City City of Meridian
Attn: City Clerk
33 E.Broadway Ave.
Meridian, Idaho 83642
THIS ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND
CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT POWERS
AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLAN FOR DISTRICT
SYSTEM IMPROVEMENTS ("Agreement") is entered into this date of April 22, 2025
("Effective Date") by and between the Ada County Emergency Medical Services District
("District") and the City of Meridian("City") as an intergovernmental agreement as provided for
in Idaho Code § 67- 8204A.
NOW, THEREFORE, 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, the Parties hereby mutually promise, covenant, and agree as follows:
SECTION 1
DEFINITIONS
For all purposes of this Agreement, the following terms have the definitions as herein
provided in this Section unless the context of the term clearly requires otherwise:
1.1 Act: Means and refers to the Idaho Development Impact Fee Act, Chapter 82, Title 67,
Idaho Code as it may be amended or restated from time to time.
1.2 Advisory Committee: Means and refers to the Ada County/Ada County Ambulance
District Development Impact Fee Advisory Committee, which shall serve as the
development impact fee advisory committee pursuant to Idaho Code § 67-8205(3) to
prepare and recommend the Capital Improvements Plan ("CIP") and any amendments,
revisions, or updates of the same.
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 1
Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
1.3 Agreement: Means and refers to this Ada County Medical Services District and City of
Meridian Intergovernmental and Joint Powers Agreement Concerning Capital
Improvements Plan for District System Improvements.
1.4 Board: Means and refers to the Board of the Ada County Emergency Medical Services
District.
1.5 Capital Improvements Plan and/or CIP: Means and refers to the May 24, 2024 EMS
Capital Improvement Plan and Development Impact Fee Study,which was prepared for the
District and adopted by the Ada County Board of Commissioners.
1.6 City: Means and refers to City of Meridian, Idaho, Party to this Agreement.
1.7 City Council: Means and refers to the City Council of the City of Meridian, Idaho.
1.8 District: Means and refers to the Ada County Medical Services District,Party to this
Agreement.
1.9 Party/Parties: Means and refers to the District and/or the City, as the Parties in this
Agreement, depending upon the context of the term used in this Agreement.
1.10 Service Area: Means and refers to a service area as defined in the Act at Idaho Code § 67-
8203(26). Said Service Area shall encompass the entirety of Ada County, including all the
incorporated cities.
1.11 System Improvements: Means and refers to capital improvements to public facilities
designed to provide service to a service area as defined in the Act at Idaho Code §
67-8203(28).
SECTION 2
PURPOSES&AUTHORITY
2.1 The purpose of this Agreement is to provide a structure that will enable,but not require,the
City to adopt the CIP. The CIP is intended to promote and accommodate orderly growth and
development,protect the public health,safety,and general welfare of residents countywide,
and to further the best interests of the Parties.
2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any power,
privilege, or authority authorized by the Idaho Constitution, statute, or charter. The
Parties, each being a public agency, hereby agree to exercise jointly their respective
powers,privileges, and authorities in accordance with Title 67, Chapter 82, Idaho Code.
2.3 Idaho Code § 67-8204A provides that the District and City have authority to enter into an
intergovernmental agreement for the purpose of developing joint plans for capital
improvements.
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 2
Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
2.4. The District is responsible for providing emergency medical services on a countywide
basis.
2.5. The District is experiencing considerable growth and development, and the District's
ability to provide emergency medical services is affected by said development.
2.6 The District has provided the City with the CIP, which was prepared in accordance with
the requirements of Idaho Code § 67-8208 in consultation with the Advisory Committee
as provided in Idaho Code §§ 67-8205 and 67-8206(2).
2.7 The Ada County Board of Commissioners has adopted the CIP in accordance with Idaho
Code §§ 67-8206(3) and 67-8208(1).
2.8 The District has requested that the City adopt the CIP in accordance with the Act, and the
City is willing to consider said request. The Parties acknowledge and agree, however, that
the City Council cannot and shall not be bound by this Agreement to adopt the CIP.
2.9 That by reason above stated, the Parties have determined it is necessary and desirable to
enter into this Agreement.
SECTION 3
ADVISORY COMMITTEE
3.1 Advisory Committee. The Ada County/Ada County Ambulance District Development
Impact Fee Advisory Committee shall serve as the development impact fee advisory
committee pursuant to Idaho Code § 67-8205(3) to prepare and recommend the CIP and
any amendments, revisions, or updates of the same.
3.1.1 Administration and Staffing. The District, in cooperation with Ada County, shall
provide for the administration and staffing of the Advisory Committee. Advisory
Committee members shall be appointed in accordance with the requirements of
Idaho Code § 67-8205.
3.1.2 Charge. The Advisory Committee is charged with the responsibilities set forth in
Idaho Code § 67-8205(4).
3.1.3 Written Comments. The District shall cause the Advisory Committee to file its
written comments concerning the CIP with the City on or before June 30, 2025, to
provide the City with ample time to consider the CIP prior to the termination of this
Agreement.
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 3
Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
SECTION 4
SERVICE AREA
4.1 Idaho Code § 67-8203(26) provides that the Parties can identify a geographic area by
an intergovernmental agreement in which specific public facilities provide services to
development within that geographic area on the basis of sound planning or engineering
principles or both.
4.2 The CIP and this Agreement define the Service Area as the entirety of Ada County,
including all the incorporated cities.
SECTION 5
COSTS SPECIFIC TO DISTRICT
5.1 The District shall pay the following costs:
5.1.1 All costs associated with the Advisory Committee; and
5.1.2 All District costs associated with drafting this Agreement and any amendment or
termination of the same; and
5.1.3 All costs associated with the District's performance of this Agreement; and
5.1.4 All legal costs and fees associated with any action brought by a third party
concerning the validity of the CIP or this Agreement.
SECTION 6
CITY COUNCIL ACTION
6.1 After the Advisory Committee files its written comments concerning the CIP with the City
in accordance with the Act and Section 3.1.3 of this Agreement,the City shall consider the
adoption of the CIP in accordance with the Act.
6.2 If the City adopts the CIP, the City agrees to consider the possibility of adopting a City
ordinance concerning the countywide development impact fees delineated in the CIP, but
only after (a) the Parties negotiate and agree on a new intergovernmental agreement for
that purpose and(b)all the incorporated cities in Ada County have adopted(1)the CIP and
(2) the ordinances necessary to implement countywide development impact fees.
6.3 The Parties acknowledge and agree that:
6.3.1 Nothing in this Agreement shall be construed as requiring the City to adopt the
CIP; and
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 4
Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
6.3.2 Nothing in this Agreement shall be construed as requiring the City to adopt an
ordinance implementing countywide development impact fees.
SECTION 7
INDEMNIFICATION
7.1 To the extent permitted by law, District shall defend, indemnify, and hold the City, its
officers, agents, and employees harmless for all claims, losses, actions, damages,
judgements, costs, and expenses arising out of or in connection with any acts or omissions
of the District related to the C1P or this Agreement. In the event of such claim,District shall
defend such allegations,and District shall bear all costs,fees,and expenses of such defense,
including,but not limited to,all attorney fees and expenses,court costs, and expert witness
fees and expenses.
SECTION 8
TERM/TERNIINATION/AMENDMENT
8.1 Term. This Agreement shall terminate on December 31, 2029, unless terminated earlier
in accordance with Section 8.2 of this Agreement.
8.2 Party Termination. This Agreement may be terminated by either Party upon ninety (90)
day notice in writing to the other Party.
8.3 Amendment. This Agreement may be amended only by written agreement of the Parties.
SECTION 9
NOTICE AND DELIVERY OF DOCUMENTS
9.1 Notices. All notices,requests or demands to a Party hereunder shall be in writing and shall
be given or served upon the other Party by US Mail or email addressed as set forth below.
9.2 Contact Information. The contact information for purposes of notice to and/or the
delivery of documents to the District is as follows:
Ada County Emergency Medical Services District
Attn: Director
370 N. Benjamin Ln.
Boise, Idaho 83704
With Copy to:
Ada County Prosecutor's Office
Attn: Chief Civil Deputy
200 W. Front Street, Room 3191
Boise, Idaho 83702
adacountyprosecutor@adacounty.id.gov
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 5
Docusign Envelope ID: BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
9.3 The contact information for purposes of notice to and/or the delivery of documents to the
City is as follows:
City of Meridian
Attn: City Clerk
33 E. Broadway Ave.
Meridian, Idaho 83642
SECTION 10
GENERAL PROVISIONS
10.1 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.
10.2 Electronic and Non-Electronic Signatures: The District and City may execute this
Agreement using handwritten signatures or electronic signatures, in accordance with
Idaho's Uniform Electronic Transactions Act. The Parties acknowledge and agree that both
signature methods are equally valid and binding for the purposes of this Agreement.
10.3 Severability. Should any term or provision of this Agreement or the application thereof to
any person, parties, or circumstances, for any reason be declared illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement, and this
Agreement shall be construed and enforced as if such illegal or invalid provision had not
been contained herein.
10.4 Choice of Law and Venue. This Agreement shall be governed and interpreted by the laws
of the State of Idaho. Venue shall be Ada County, Idaho.
10.5 Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements,promises,or inducements made
by either Party, or agents of either Party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both Parties.
10.6 Time of the Essence. Time shall be of the essence for all events and obligations to be
performed under this Agreement.
10.7 Attorneys' Fees. If either Party brings any action or proceedings to enforce, protect or
establish any right or remedy under the terms and conditions of this Agreement, the
prevailing Party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
10.8 Assignment. No Party may assign this Agreement or any interest therein.
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS—PAGE 6
Docusign Envelope ID:BA7D20D4-FF43-4A5F-B344-F63EF9A79AAB
IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year
written above.
Board of the Ada County Emergency Medical Services
District
DocuSigned by:
By. A�� 4/22/2025 1 3:25 PM MDT
Rod Beck, Commissioner
DocuSigned by:
By:
4/23/2025 1 12:06 PM MDT
Ryan Davidson, Commissioner
DocuSigned by:
��w--
By: 4/22/2025 1 3:58 PM MDT
Thomas Dayley, Commissioner
ATTEST:
DocuSigned by:
4/23/2025 1 4:16 PM MDT
Trent Tripple, Ada County Clerk
City of Meridian
By:
Mayor Robert E. Simison
ATTEST:
Chris Johnson, City Clerk
ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN
INTERGOVERNMENTAL AND JOINT POWERS AGREEMENT CONCERNING CAPITAL
IMPROVEMENTS PLAN FOR DISTRICT SYSTEM IMPROVEMENTS —PAGE 7