HomeMy WebLinkAboutACHD CCTV Information Access Agreement INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT
BETWEEN ADA COUNTY HIGHWAY DISTRICT
AND CITY OF MERIDIAN
THIS INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT
("Agreement"),is made and entered into this 14th day of April 2026 by and between the ADA
COUNTY HIGHWAY DISTRICT ("ACHD") and the MERIDIAN POLICE DEPARTMENT ("MPD"), by and
through CITY OF MERIDIAN("MERIDIAN"), a municipal corporation organized under the laws of the State.
RECITALS:
WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title
50, as amended and supplemented with jurisdiction, authority and police power to regulate and control
municipal activities within the City;
WHEREAS, the MPD is charged with real time support for their Operations Division.
WHEREAS,ACHD is a single countywide highway district located in the county of Ada, organized
and existing by virtue of Title 40 Chapter 14, Idaho Code, and has jurisdiction and responsibility for all
public highways and public rights-of-way within Ada County, Idaho, except for state highways and
freeways and has all powers necessary and incidental to the statutory powers granted to it under Title 40,
Idaho Code.
WHEREAS,pursuant to its authority under Title 40 Chapter 14, Idaho Code,ACHD,in partnership
with the Idaho Transportation Department ("ITD"), operates a real-time computerized traffic management
system to monitor traffic conditions for response and alert notifications ("System"), that is located at
ACHD's Traffic Management Center("TMC") and includes intersection traffic cameras owned by ACHD
and ITD that can be remotely operated by ACHD personnel in the TMC.
WHEREAS, the MPD, among other entities, is currently authorized to view video images from all
of ACHD's intersection traffic cameras within the Meridian City limits, on a limited access basis; however,
the MPD is not authorized to operate such cameras at any time.
WHEREAS,the MERIDIAN desires that the MPD be authorized to remotely control the operation
of ACHD's intersection traffic cameras during the non-working hours of the ACHD TMC.
WHEREAS, certain public welfare and safety benefits may be derived from allowing the MPD,
to remotely control the operation of ACHD's intersection traffic cameras within the MERIDIAN'S
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
jurisdiction limits, during the non-working hours of the ACHD TMC. Such benefits include: expanded
dispatcher coverage for nights and weekends, efficient deployment of Emergency Service Providers,
based upon visual observations, enhanced and more timely contact with ACHD emergency/after-hours
on-call employees, faster incident response, quicker clearing of traffic congestion and arrival of medical
assistance.
WHEREAS, the MPD and MERIDIAN will not be authorized to use the System or the
intersection traffic cameras for any investigative purpose or surveillance, of any kind, whatsoever.
WHEREAS, ACHD and MPD desire to enter into this Agreement pursuant to the authority set
forth in Idaho Code§ 67-2332, and which shall be effective upon ratification by Ada County.
NOW THEREFORE, in consideration of the mutual covenants, and promises contained herein
and other good and valuable consideration,the receipt and sufficiency of which is hereby unconditionally
acknowledged, the parties agree as follows:
1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and
are incorporated herein as if set forth in full.
2. DEFINITIONS: For purposes of this Agreement, the following words shall be defined and
interpreted as herein provided:
a. "ACHD": Means and refers to the Ada County Highway District, a body politic and
corporate of the state of Idaho whose address is 5800 N Meeker Avenue, Boise, Idaho
83713, and any of its employees, agents, commissioners, and attorneys.
b. "MERIDIAN": Means and refers to the City of Meridian, a municipal corporation
organized under the laws of the State whose address is 33 East Broadway Avenue, Meridian,
Idaho 83642 and any of its employees, agents, commissioners,and attorneys.
C. "MPD": Means and refers to the Meridian Police Department, a statutory created division
of the City of Meridian in accordance with powers granted under Idaho Code Title 50,
whose address is 1401 E Watertower Street, Meridian, Idaho 83642, and any of its
employees, agents, commissioners, and attorneys.
d. "TMC": Means and refers to the Traffic Management Center operated ACHD.
e. "PERSON": Means and includes corporations, companies, associations, joint stock
companies,firms,partnerships,limited liability companies,other entities,and individuals.
f. "SYSTEM": Means the real-time computerized management system operated by ACHD
to monitor traffic conditions for response and notifications.
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
g. "EQUIPMENT": Means the intersection traffic cameras ("CCTV") owned by ACHD as
well as the computerized components of the System.
h. "DIRECTOR": Means the Director of ACHD or his representative.
3. AUTHORITY GRANTED TO MPD/CONDITIONS AND LIMITATIONS: ACHD hereby
authorizes MPD to remotely use, control, and operate the System and Equipment subject to the
following conditions and limitations:
a. MPD's remote use, control, and operation shall be limited to only MPD personnel located
in the real time support center for operations. MPD's remote use, control, and operation
shall only occur during non ACHD TMC hours of operation, i.e.: 6:30 p.m. to 6:00 a.m.
Monday through Friday, weekends when the ACHD TMC is not operated by ACHD
personnel, and ACHD recognized holidays, and such other times to which may be agreed
by the ACHD Commission and MPD, as provided by written amendment to this
Agreement.
b. MPD's remote use, control, and operation shall be nonexclusive and shall not prevent
ACHD from entering into other agreements or granting other or further rights or access to
the System and Equipment.
C. MPD's remote use, control, and operation shall at all times be in strict compliance with the
following requirements:
i. The privacy rights of persons who may be within the scope of CCTV camera coverage
shall, at no time, be compromised or infringed. CCTV camera usage is limited
exclusively to viewing roadways. CCTV cameras shall operate in the standard wide-
angle view mode, which will enable MPD personnel to view a large segment of the
roadway. The zoom feature may only be used for viewing traffic incidents, traffic
controls and roadway features not in close proximity to the CCTV camera. CCTV
cameras shall not be used to "zoom in" on any windows, for any purpose or reason.
This applies to all vehicles and all residential and/or commercial/business structures.
The viewing of residential and/or commercial/business property by CCTV cameras
is completely prohibited.
;». No CCTV camera shall ever be used to "zoom in" on a specific person or a specific
vehicle, on or off the roadway.
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
MPD shall develop, for ACHD's review and approval,written internal policies to prevent any
misuse of CCTV cameras whatsoever. Said policies shall provide for employee disciplinary
action, when appropriate.
V. MPD shall not record in any manner, whatsoever, any video received from the System
and Equipment.
A. Video received from the System and Equipment shall only be used by the MPD and
personnel to assist in: (1) efficient deployment of response teams based upon visual
observation; (2) faster incident response; (3) quicker clearing of traffic congestion;
and (4) quicker arrival of medical assistance.
vii. The System or Equipment shall not be used with the primary intent to investigate
criminal activity.
viii. The System and Equipment shall not be used by the MPD personnel in any manner that
violates any provision of the United States Constitution,the Idaho Constitution, or any
applicable federal, state or local law or regulation.
d. Notwithstanding Section 3.b of this Agreement, MPD's remote use, control, and operation
of the System and Equipment shall, at all times, be subordinate to the use, control and
operation of System and Equipment by ACHD.
e. MPD's remote use, control and operation of the System and Equipment shall be limited to
those CCTV cameras specifically listed in the attached Exhibit A and any subsequent
revisions thereto.
f. MPD's remote use, control, and operation shall not include any traffic cameras owned by
the ITD unless MPD has entered into a separate agreement with ITD authorizing the
remote use, control, and operation of such ITD owned cameras by MPD.
4. INSTALLATION OF ADDITIONAL CAPACITY ON ACHD SYSTEM:
In the event that there is not sufficient capacity in the System to provide MPD the desired operational
capabilities, MPD, at the direction of ACHD, shall provide additional capacity with costs associated with
the additional capacity to be paid by MPD, including, but not limited to, costs for equipment, installation
of equipment, maintenance, upkeep, and replacement of equipment.
5. ACCESS TO TMC STAFF FOR SYSTEM PROBLEMS:
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
a. MPD may contact TMC staff during regular business hours to report any System
problems. ACHD TMC normal work hours are 6:00 a.m. to 6:30 p.m.; Monday
through Friday, excluding ACHD recognized holidays. The telephone number for the
TMC is (208) 387-6195.
b. ACHD will prioritize the System problems and attempt to repair the problems within a
reasonable time frame.
6. RESPONSIBILITIES OF MPD:
a. To provide and maintain, at its own expense, any equipment and communication
infrastructure, all of which shall be hardware and software compatible with the System
for the remote use, control, and operation of the System and Equipment.
b. To cooperate with ACHD to install additional capacity as provided in Section 4, which
will provide MPD with an enhanced capability to remotely use, control, and operate the
System and Equipment.
C. To designate responsible technical personnel as contact for ACHD. The designated
responsible technical personnel contact inforination shall include telephone number,
cellular phone number, facsimile number and e-mail address. If the responsible technical
personnel changes, MPD shall notify ACHD with new contact information as soon as
possible.
d. To have those MPD personnel responsible for remote use, control, and operation of the
System and Equipment receive training in the proper use of the System and Equipment.
e. To have appropriate personnel attend regularly scheduled briefings at the TMC.
7. INDEMNITY AND INSURANCE:
a. Disclaimer of Liability: Except as otherwise provided by law, ACHD shall not at
any time be liable for injury or damage occurring to any person or property whatsoever
arising out of MPD's construction, maintenance, repair, use, operation, condition or
dismantling of its own system and equipment or the System and Equipment.
b. Indemnification: To the extent allowed by law, ACHD, MPD, and MERIDIAN, shall
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
indemnify and hold harmless each other by their respective officers, boards,
commissions, employees, agents, and contractors ("Indemnitees") from and against any
and all liability which may be imposed upon, incurred by or be asserted against the
Indemnitees by reason of any act or omission of the Indemnifying party's personnel,
employees, agents, contractors or subcontractors resulting in personal injury or property
damage and arising out of or in any way connected with the construction, installation,
operation, maintenance, removal, use or connection of the System or Equipment
pursuant to this Agreement. The parties to this Agreement recognize that MPD shall
control and MERIDIAN and MPD shall assume any and all liability relating to all
images obtained by MPD during its remote use, control, and operation of the System
and Equipment.
In the event a third party brings an action against ACHD based upon the actions
or activities of MPD related to the use of the System and Equipment, for any reason,
MPD and MERIDIAN shall indemnify, defend, and hold harmless ACHD, its officers,
agents, officials, and employees.
C. Notice: Each party shall give the other prompt notice of any claim or the commencement
of any action, suit or other proceeding covered by the provisions of this Agreement.
d. MERIDIAN Right to Self-Insure: ACHD grants MERIDIAN and MPD the right to self-
insure its liability risks, MERIDIAN's and MPD's limit of liability specified in the Idaho
Tort Claims Act notwithstanding.
8. NO WARRANTY OF SYSTEM OR EQUIPMENT: ACHD does not warrant or guarantee
continuity of the System or Equipment, quality of the video images, or the accuracy of the
information provided.
9. MODIFICATION: ACHD and MPD reserve the right to alter, amend, or modify the terms and
conditions of this Agreement upon written agreement of the ACHD Commission and MPD to
such alteration, amendment, or modification, and upon ratification of such alteration,
amendment, or modification by MERIDIAN.
10. TERMINATION: The following are grounds for tennination of this Agreement:
a. Failure to fulfill the terms of this Agreement;
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
b. Misrepresenting information received from the System as a result of intentional action
or gross negligence;
C. Failure to maintain equipment or provide adequate equipment for connection to the
System;
d. Failure to comply with any applicable state or federal law or ACHD policy;
e. Sale of any information received from System or misrepresenting the availability of such
information;
f. Any other action or activity undertaken by or at the direction of MPD that (1) results in
inappropriate comments or behavior inconsistent with the goals and mission of ACHD;
or(2) may result in imperiling public safety; or(3) interferes with the System or ACHD
employees.
g. Either party may terminate this Agreement, for any reason, upon thirty (30) days written
notice to the other party.
11. TERM OF AGREEMENT: This Agreement will commence on March 1, 2026, and end on
February 28,2031, unless sooner terminated as provided hereinafter. The parties understand that
MERIDIAN and the MPD as an Officer of MERIDIAN are strictly bound by Article VIII,section
3 of the Idaho Constitution, which prohibits MERIDIAN and the MPD from incurring liabilities
beyond Ada County's current fiscal year, which is October 1 through September 30.
MERIDIAN's and MPD's obligation to complete the Agreement term is wholly contingent upon
the annual appropriation of finds for obligations due under this Agreement, said appropriation
to be made solely at the option and discretion of MERIDIAN CITY COUNCIL ("Council").
In the event the Council does not appropriate fields for the Agreement for the ensuing fiscal
year, for any reason, MPD may terminate Agreement, without penalty. MPD shall give prompt
written notice to ACHD, attesting to the non-appropriation of finds and the effective date of
Agreement termination, and no obligations shall accrue after the effective date of said
Agreement termination.
12. ASSIGNMENT: This Agreement may not be assigned or transferred.
13. ATTORNEYS' FEES: Should either party find it necessary to employ an attorney for
representation in any action seeking enforcement of any of the provisions of this Agreement, or
to protect its interest in any matter arising under this Agreement, or to recover damages for the
breach of this Agreement, or to resolve any disagreement in interpretation of this Agreement,
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
the unsuccessful party in any final judgment entered therein agrees to reimburse the prevailing
party for all reasonable costs, charges and expenses, including attorneys' fees, expended or
incurred by the prevailing party in connection therewith and in connection with any appeal, and
the same may be included in such judgment.
14. NOTICES: Any and all notices given by either of the parties shall be in writing and deemed
delivered when either: (i) delivered personally, or (ii) sent by fax to the other party at the fax
telephone number set forth, or (iii) deposited in the United States mail, certified, return receipt
requested, postage prepaid, addressed to the other party at the address set forth,or such other fax
telephone number or mailing address as may be provided by written notice of such change given
to the other in the same manner as above provided.
ACHD: Ada County Highway District
5800 N. Meeker Avenue
Boise, Idaho 83713
MPD: Meridian Police Department
1401 E. Watertower Street
Meridian, ID 83642
15. GOVERNING LAW/VENUE: This Agreement was prepared, negotiated, and delivered in the
State of Idaho. In the event of any dispute concerning or arising out of this Agreement, the laws
of the State of Idaho shall govern and control the construction and enforcement of this
Agreement. Venue for any action regarding this Agreement shall lie in the Fourth Judicial
District, State of Idaho.
16. COUNTERPARTS: This Agreement shall be executed in two counterparts, each of which
shall be deemed an original but both of which together shall constitute one and the same
instrument.
17. RECORDING: Neither party shall record this Agreement.
18. EFFECTIVE DATE: This Agreement shall become effective on the date it has been signed
by both parties.
19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Agreement, and
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
the invalidity thereof shall not affect any of the other provisions contained herein.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
conditions and understandings between ACHD, MPD and MERIDIAN relative to the subject
matter hereof, and there are no promises, agreements, conditions or understandings, either oral
or written, express or implied, between ACHD, MPD and MERIDIAN, other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon the parties hereto unless reduced to writing
and duly signed by all parties hereto.
21. CAPTIONS: The captions contained in this Agreement were inserted for the convenience of
reference only. They do not in any manner define, limit, or describe the provisions of this
Agreement or the intentions of the parties.
22. NO PARTY DEEMED DRAFTER: All provisions of this Agreement have been negotiated by
ACHD, MPD and MERIDIAN at"arm's length." All parties agree that no party shall be deemed to
be the drafter of this Agreement and further, if this Agreement shall ever be construed by a court of
law, such court shall not construe this Agreement, or any provision of this Agreement, against either
party as the drafter of the Agreement.
IN WITNESS WHEREOF, the parties have duly executed this Agreement and made it
effective as provided herein.
City of Meridian
By:
John Overton, Council President 4-14-2026
ATTEST:
Chris Johnson, City Clerk 4-14-2026
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
MERIDIAN POLICE DEPARTMENT
By:
Board of Commissioners of
ADA COUNTY HIGHWAY DISTRICT
By:
Miranda CWd
President,
STATE OF IDAHO )
ss.
County of Ada )
On this day o 2026 before me, a notary public, personally appeared Miranda Gold,
known or identi -e to me to t h e } r on whose name is subscribed to the within instrument, and acknowledged
J
°Gti. •L••SpZ�.''•.
• Comm.62051 •
res
August 13, 2031 c :'o
ov
�t
INTERAGENCY COOPERATIVE INFORMATION ACCESS AGREEMENT BETWEEN
ADA COUNTY HIGHWAY DISTRICT AND MERIDIAN POLICE DEPARTMENT-PAGE
EXHIBIT A
ACHD (and ITD) Closed Circuit Television (CCTV) Camera Locations
Device# Location
526 Eagle/Fairview
527 Eagle/Franklin
529 Eagle stick
555Fairview/Locust Grove
568 Overland/Eagle
569 Overland/Locust Grove
570 Meridian Overland
FranklinMain
572 Franklin/Locust Grove
en ian .am
578 Fairview/Main
in en Linder
587 Hwv 69/Victory
wv 6 9 Mm—ity
593 Meridian/Cherry
m en Meridian
595 Chin en/Locust Grove
601 Cherry—/Linder
602 Cherry/Ten Mile
19 Chinden wv 16 SB Ramp
628 Franklin/Ten Mile
Franklin in er
631 Fairview/Records
639 EagleRiver Valley
641 Eagle me
stiLocust rove
648 Locust Grove/Pine
4 MeridianCorporate
662 Chinden/Long Lakes
4 Ten Mile/McMillan
666 Ten Mile/Ustick
in en I en Mile
669 Eagle/Victory
Locust rove I McMillan
676 Meridian/McMillan
Linder/WlWiFan
Eagle I St Lukes
679 FranklinBlack at
Meridian stir
wv a e aze
wy Hubbard
687 stic ecor s
8 Ustick/Linder
693 Meridian me
Cherry 1 blackat
m er ne
en i e ine
Chin en Tree arm
Chin den Black Cat
Overland i in er
705 Eagle/ mity
707 Ten Mile Victory
Overland en Mile
77— Victory i ocus rove
in en wy 16 NB Ramp
Eagle Lake Hazel