HomeMy WebLinkAboutAda County Joint Powers Capital Improvement Plans 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
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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 6-24-2025
ATTEST:
Chris Johnson, City Clerk 6-24-2025
ADA COUNTY AND CITY OF MERIDIAN INTERGOVERNMENTAL AND JOINT
POWERS AGREEMENT CONCERNING CAPITAL IMPROVEMENTS PLANS FOR
COUNTY SYSTEM IMPROVEMENTS —PAGE 7