2022-06-14 Work Session
CITY COUNCIL WORK SESSION
City Council Chambers, 33 East Broadway Avenue Meridian, Idaho
Tuesday, June 14, 2022 at 4:30 PM
Minutes
ROLL CALL ATTENDANCE
PRESENT
Councilwoman Liz Strader
Councilman Treg Bernt
Councilwoman Jessica Perreault
Councilman Luke Cavener
Councilman Joe Borton
Councilman Brad Hoaglun
Mayor Robert E. Simison
ADOPTION OF AGENDA
Adopted as Amended to add Item 12: Executive Session per Idaho Code 74-206(1)(d) to
consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code
CONSENT AGENDA \[Action Item\] Approved
Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton.
Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman
Cavener, Councilman Borton, Councilman Hoaglun
1. Aviator Springs Subdivision Pedestrian Pathway Easement
2. Rackham Subdivision Lot 4 Water Main Easement
3. Rackham Subdivision Lot 10 Water Main Easement
4. Rackham Subdivision Water Line Extension Water Main Easement
5. Stapleton Subdivision No. 2 Sanitary Sewer Easement No. 1
6. Victory Commons Subdivision Subdivision No. 2 Sanitary Sewer and Water Main
Easement
7. Restated and Amended Joint Powers Agreement for the Coordinated and
Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA)
Annual Renewal for Fiscal Year 2022
8. Agreement with Streamliners Swim Team for Use of Meridian Community
Swimming Pool Between the Streamliner Aquatic Recreation Inc. and the City of
Meridian
ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\]
DEPARTMENT / COMMISSION REPORTS \[Action Item\]
9. Police Department: Proposed Ordinance related to Public Intoxication (Potential
Meridian City Code 6-3-4)
10. Parks and Recreation Department: Cost Recovery Process Update
11. Mayor's Office: Use of American Rescue Plan Act of 2021 (ARPA) Funds
12. EXECUTIVE SESSION per Idaho Code 74-206(1)(d): to Consider Records that are
Exempt from Disclosure as Provided in Chapter 1, Title 74, Idaho Code
Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman
Borton.
Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman
Cavener, Councilman Borton, Councilman Hoaglun
In to executive session: 5:31 pm
Out of executive session: 5:59 pm
ADJOURNMENT 5:59 pm
Meridian City Council Work Session June 14, 2022.
A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, June
14, 2022, by Mayor Robert Simison.
Members Present: Mayor Robert Simison, Joe Borton, Luke Cavener, Treg Bernt,
Jessica Perreault, Brad Hoaglun and Liz Strader.
Also present: Chris Johnson, Bill Nary, Steve Siddoway, Dave Miles, Dave Tiede, Laurelei
McVey, Brian Caldwell, Tracy Basterrechea, Joe Bongiorno, and Dean Willis.
ROLL-CALL ATTENDANCE
Liz Strader _X_ Joe Borton
_X_ Brad Hoaglun _X_Treg Bernt
X Jessica Perreault _X Luke Cavener
_X_ Mayor Robert E. Simison
Simison: Council, we will call the meeting to order. For the record, it is June 14th, 2022,
at 4:31 p.m. We will begin this afternoon's work session with roll call attendance.
ADOPTION OF AGENDA
Simison: First item up is adoption of the agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: For our agenda this afternoon we do want to add an Executive Session per
Idaho Code 74-206(1)(d) to consider records that are exempt from disclosures provided
in Chapter 1, Title 74, Idaho Code. We will place that at the end of Item 11 . So, with that
change, Mr. Mayor, I move adoption of the agenda as amended.
Borton: Second.
Simison: I have a motion and a second to adopt the agenda as amended. 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: ALLAYES.
CONSENT AGENDA [Action Item]
1. Aviator Springs Subdivision Pedestrian Pathway Easement
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June 14,2022
Page 2 of 21
2. Rackham Subdivision Lot 4 Water Main Easement
3. Rackham Subdivision Lot 10 Water Main Easement
4. Rackham Subdivision Water Line Extension Water Main Easement
5. Stapleton Subdivision No. 2 Sanitary Sewer Easement No. 1
6. Victory Commons Subdivision Subdivision No. 2 Sanitary Sewer and
Water Main Easement
7. Restated and Amended Joint Powers Agreement for the Coordinated
and Cooperative Provision of Emergency Medical Services in Ada
County (EMS JPA) Annual Renewal for Fiscal Year 2022
8. Agreement with Streamliners Swim Team for Use of Meridian
Community Swimming Pool Between the Streamliner Aquatic
Recreation Inc. and the City of Meridian
Simison: Next item up is the Consent Agenda.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to
attest.
Borton: Second.
Simison: I have a motion and a second to approve the Consent Agenda. 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: ALLAYES.
ITEMS MOVED FROM THE CONSENT AGENDA [Action Item]
Simison: There are no items moved from the Consent Agenda.
DEPARTMENT / COMMISSION REPORTS [Action Item]
9. Police Department: Proposed Ordinance related to Public Intoxication
(Potential Meridian City Code 6-3-4)
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Simison: So, we will move on to the Department/Commission Reports. First item up is
Item 9, Police Department proposed ordinance related to public intoxication. Turn this
over to Lieutenant Caldwell.
Caldwell: Mayor, Members of Council, as we have grown as a city so has our city's
nightlife and bar scene. We have noticed some issues in dealing with disruptive,
intoxicated individuals and the limitations of the current criminal codes available to our
officers. Current codes and relevant case law require a citizen to want to be a victim of
disturbing the peace or disorderly conduct. This, in turn, requires them to later appear in
court and testify against the suspect. Many people and business owners are reluctant to
want to do this for many reasons. A city public intoxication code would allow our officers
to issue a citation or effect an arrest with the City of Meridian as the victim, meaning only
the officer would typically be required to appear in court and testify against the suspect.
The code we would like to adopt is currently what the city of Boise has been using for
decades. It is one that has been vetted by our city attorney and has already been
accepted by the Boise City Prosecutor's Office and the courts in Ada county. The public
intoxication code will help our officers keep Meridian a premier community in which to
live, work, and raise a family. With that I will stand for any questions.
Simison: Thank you. Council, questions?
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Thank you. Wow, I didn't realize that we didn't have one of these in place. So,
is there a legal limit requirement? How will it actually work? Is it just something that --
that the officer observes and, then, chooses to -- to, you know, approach the individual
and, then, they have a sobriety test or -- can you take us through how that will work?
Caldwell: Mayor, Council Woman Perreault, yes, it's going to be based on the objective
signs of intoxication. So, red watery eyes, thick slurred speech. This is for the person
that is staggering drunk and the code specifies causing a disturbance, as a threat to
themselves or others; right? This is for the -- the, obviously, intoxicated person that's on
Main Street out here in front of one of our restaurants screaming and yelling and causing
a scene, while being staggeringly drunk, if that makes sense.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: What mechanism do we have in place to address this? If the individual is
exhibiting the same issues, they are disturbing the peace, they are loud, they are
obnoxious, but they are not intoxicated or they are not visibly intoxicated. How do you --
how do you address those situations?
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Caldwell: Mayor, Councilman Cavener, that would be through our disorderly conduct or
disturbing the peace code, which those codes would require that a citizen or business
owner or somebody want to be a victim of that crime, because as current case law stands
we cannot be the victims of disturbing the peace.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: So, the only change is it allows our officers to observe visual signs of
intoxication and using that as the -- the threshold, essentially, then, to enforce this new
ordinance that's being proposed; is that correct?
Caldwell: Yes. That is correct.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Can you take us through what happens if an individual is then arrested, they
are taken to the station and, then, what happens from there?
Caldwell: Mayor, Council Woman Perreault, so if the arrest happens -- I mean they could
go -- either a citation could be issued or an arrest and so if we do an arrest we would
attempt to get a breath test, because that's the best practice that we learn from the Boise
Police Department. But if the person's noncooperative, then, we are just going to have
to go off the objective signs that the officer would witness, which is really similar to what
they do in a DUI; right? Their first descriptions are when I made contact with Citizen X
they had red watery eyes, thick and slurred speech, the odor of alcoholic beverage
coming from their breath and person, they had an unsteady gait and those -- those kind
of symptoms is what we -- what we would use in that situation.
Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: No question, just to comment. It's a no brainer. I think it's a great addition.
Properly used it -- it proactively prevents problems. The -- the classic example is the
stumbling drunk walking towards the parking lot. So, if you have got any opportunity to
lawfully intervene and prevent those kind of activities from occurring, it's fantastic.
Perreault: Mr. Mayor, I do have one more question.
Simison: Council Woman Perreault.
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Perreault: Thank you. Does the individual have to be on public property or are you
permitted to -- to approach them on private property?
Caldwell: Mayor, Council Woman Perreault, it would be public property or private property
open to the public. So, if somebody was at say Walmart causing a disturbance or a scene,
then, we would be able to act there as well.
Simison: Council, any additional questions? Okay.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. Just a comment. It sounds like we need this change and, you know,
alcohol unfortunately -- when used responsibly is fine, but when used irresponsibility just
causes a lot of social ills and I appreciate us -- you know, the Police Department coming
forward with this if this is what we need to keep people safe. So, thank you.
Simison: Mr. Nary?
Nary: Mayor, Members of the Council, I -- I do want to take the opportunity to at least
commend Ms. Kane, because this, actually, is an improvement over the Boise code,
because they were having some court issues in Boise and so Ms. Kane crafted this to
basically address those issues and keep it as Constitutional. So, it is ready to move
forward when the Council's ready for us to put it on.
Simison: Well, then, we will put this on for consideration by Council at a future date.
Okay. Thank you.
Caldwell: Thank you.
10. Parks and Recreation Department: Cost Recovery Process Update
Simison: Next item up is Park and Recreation Department cost recovery process update.
Turn this over to Mr. Siddoway first.
Siddoway: Mr. Mayor, Members of Council, we are coming before you tonight to give you
an update on our cost recovery process. Teresa Jackson, who you have heard from a
couple of times previously, is -- is online and will be making the presentation. I wanted to
introduce her and, actually, I just wanted to -- Council Woman Perreault actually came
and participated in our public sorting exercise, one of the two that we held and was in one
of the small groups that had to put all of our programs and services on the cost recovery
pyramid for the public benefit, from most of the individual benefit, to mostly public benefit.
I was wondering, Council Woman Perreault, if you would just maybe share a few words
about your experience there and what we did.
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Perreault: Thank you, Steve. Yeah. It was -- it was really fun, actually, and I was
surprised that there was such a variety of thoughts and opinions about what each activity
meant to the community. I was in a group of three and pretty much everybody else I think
were just volunteers from the community that were there and -- and, then, we had one
staff person that was kind of guiding our discussion. But I thought the deliberation that
was done was really hugely beneficial to -- to talk out the individual activities and how
important they are to the community. So, I learned a lot and I -- but I was really surprised
in the presentation that we are going to hear how different the rankings were from the
public to the staff, so --
Siddoway: Staff tended to be a little more conservative, meaning a little more cost
recovery, kind of anticipating that as a desire of the Council. The public tended to actually
weigh things more toward the public benefit, which surprised us. But with that I'm going
to turn it over to Teresa and she can give you the -- the full overview and welcome your
discussion. So, thank you.
Simison: Thank you, Steve. Teresa.
Jackson: Excuse me. I was having a challenge unmuting there. Good afternoon, Mayor,
Council. It's a pleasure to be here with you again. When I was with you back towards
the end of May I -- I updated you on the categories that had been developed and we were
just about to go into the sorting of services. So, I want to share the outcomes from what
we term Workshop 11 with you today and also queue up what's coming next in the project.
So, as the Council Member mentioned, we did a community sorting session. We offered
two sessions. One was an in-person morning session and the second was a virtual
evening session. We had 24 community members join us for an hour and a half of their
time, which equates to really 36 hours of meaningful volunteer deliberation, because this
is a challenging exercise. It's fun, but it really -- there is a lot of critical thinking involved
and quite often, you know, when you go to a community meeting you are listening. But
through this process it's really important for the community members to engage and share
their thoughts and opinions. So, not only did we do this with the community, we also did
it with the staff. So, we held two staff sessions as well. So, that ultimately we could
compare and contrast how the different groups put the various categories on to the
pyramid. So, just as a quick refresh, the department developed 21 categories of service
leading up to the sorting sessions and those categories represent all the programs and
services that the department provides and so they are, essentially, large buckets that are
clearly defined. So, you have a category title, you have a description, and, then, some
examples as well and this is what the community, as well as the staff, used to place the
categories or services onto the pyramid and a refresher of the pyramid -- the foundation
of the pyramid is really the programs and services that have the most substantial benefit
to the taxpaying community and so those are typically things like your parks and trails,
something that even if your community members don't use them they are aesthetically
pleasing, they are good for the environment, they can potentially even increase home
values and as you go up the pyramid the benefit to the community is reduced and, then,
once you are on top the benefit is really very individualized. So, what you see before you
is a side-by-side comparison of the staff sorting and the public sorting. So, on the left-
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hand side you have the staff and on the right-hand side you have the public and you will
see the boxes in red for the public pyramid, those are where we had variations. So, we
had 12 mismatched categories and this is not uncommon by any means and so,
ultimately, what we do is we sit down with your project team and we have to reconcile
these categories and determine where they should live on the pyramid based on what we
learned from staff, as well as the public, and a moment ago the Council Member
referenced that there was a staff member there at the table with them and that staff
member served as a facilitator for the process, but they were also taking notes and trying
to gain understanding about why certain selections were made. So, ultimately, that
information really feeds into how we reconcile the public score and the staff score. So,
what you see before you is just those 12 mismatched categories showing the public score
and the staff score and, then, the final score and these scores -- what we look at is we
take the collective scoring from each group and we are looking at the average and the
mean and the mode and in some cases you could have a couple of groups that are really
bringing down an overall score -- score and so that needs to be taken into consideration,
as well as exactly, you know, where it was. Was it a 2.5 or was it a 2.7 and looking at
those elements. So, ultimately, what --the green --what the green represents is what the
final score was. So, you can see it's somewhat of a balance between the staff score, the
public score and, then, even one situation where it turned out to be a compromise
between the two and this is quite common, too, because when we sit down with the project
team and we listen to those facilitators about why groups made their selections,
something like youth camps, for example, that's something the staff saw as a balanced
benefit of three. But the public strongly felt there was value in this, not just to those kiddos
who are attending the programs, but also to those parents who have a place to take their
children during the summer that's safe and so that's an example where staff heard that
messaging loud and clear through both public sessions and ultimately shifted that three
to a two. An example where the shift wasn't made is -- excuse me -- merchandise and
vending. So, the public had that as a three and what we learned from the facilitators is
there seemed to be a concern from the public that it would go away if it ended up on the
top of the pyramid. Recognition that it was very individualized, but they value it. They
really appreciate having that vending at your parks and so ultimately staff went with a five,
because of what they heard was we don't want it to go away. But there is understanding
that we don't want to subsidize a candy bar and so staff leaned five in that it really makes
sense for the operation. They are not trying to remove the programming, just they don't
want to subsidize that vending piece. So, ultimately, this is the final pyramid and you can
see it ended up being very balanced once the reconciliation process was done. The
bottom of the pyramid, the purple tier, represents your parks and pathways, community
special events, arts and culture programs, volunteer opportunities. Considerable benefit.
The blue two. You have got your permitted special events. The youth camps that
referenced that the public found a lot of value in. The field rentals. Monitor drop in use.
Then as we move up into three this is where a lot of your programming starts to surface.
Youth and rec classes and programs, swim lessons, city sports leagues and tournaments
and facility rentals. Then continuing up into four, that's where your shelter rentals are, the
golf course, concession leases, trips and adult classes. So, we have got some layering
there with your classes as well. That's very age based. And, then, up in five is where
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your private swim lessons are, admission based rentals, merchandise and vending and
your tenant facility leases.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thank you. Yeah. Just to reflect a little bit. I think this all makes a lot of sense.
I'm struggling a little bit with the placement of -- of the Lakeview Golf Club overall. You
know, even -- I understand staff scoring was kind of before I -- you know, I -- I will -- I will
defer to the group's work, but I guess I want to understand why the final score is more of
a four and not like a five. You know, it -- it just doesn't occur to me that golf is an activity
that we should subsidize in any way. But maybe I'm off base. I want to be open minded
to the group's work. So, if you could just share some more insight on that one specifically
that would help me.
Jackson: Sure. So, the public really found a lot of value in the golf course, not just for
the golfers, but for the guests that go along with them. They thought it was an affordable
opportunity for community members to be exposed to the game of golf. Additionally,
believe -- and, Steve, you will have to help me here. I believe something coming up about
-- is the golf course available for individuals to walk on.
Siddoway: Mr. Mayor, Council, if I can add -- yeah, I -- I would be glad to add some
additional feedback on this. I think staff was bouncing between the -- the four and the
five and part--and we agreed that in concept we want to get operations to be fully funding.
They are not even quite there yet, but it seems that we are even -- we are going to be
subsidizing capital for the foreseeable future. We certainly are with the current irrigation
program. So, some acknowledgement that it's not a hundred percent cost recovery, but
we thought it belonged near the top of the pyramid. A lot of the -- the public ones were
three and even two. Council Woman Perreault, I don't know if you -- I mean I think your
-- your group was down at a two, if I remember right, for the golf course and what
remember is that just overall with all of the -- the comments that I remember hearing back
from the facilitators was there was a lot of -- and they weren't even all golfers, but they
just said it's open -- yes, you have to pay to play, but anyone can go, it's a public course,
and there is a public benefit to having the course as part of the system. So, we did tend
towards the top of the pyramid and I think the public tended toward the lower part of the
pyramid. I don't know if you have any other perspective you would add to that.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: So, if I remember correctly when --when the exercise was presented we were
instructed not to consider cost or city investment into the exercise and so I don't think that
-- that we were really looking at it from the perspective of cost recovery or from the city's
financial investment, it was more of is -- is this an opportunity that's available to the
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broader public or isn't it and is it more individual use or not? So, we were not having any
cost recovery discussions whatsoever. So, I think that probably -- if you saw some
differences in scores, it-- it probably was more having to do with the ranking of, you know,
is this available to the whole community? How many -- how much of the community is
going to use it? And it really had nothing to do with the financial part of it.
Siddoway: I think the only part I would -- I think I would add a little bit to that and, Teresa,
maybe I will just add a word and, then, you can maybe clarify, but I think we were clear
that we were talking about cost recovery as the ultimate goal, but we were focusing in the
pyramid on the public benefit, not necessarily what it cost, but trying to analyze what is
the benefit to the individual versus to the general public. But I think it was always
presented as a cost recovery exercise and maybe we disagree, but --
Perreault: Mr. Mayor?
Siddoway: Oh, go ahead.
Simison: Council Woman Perreault.
Perreault: I wouldn't say that the exercise was presented that way in the -- in the meeting
that I was in. I'm not trying to disagree, I'm just saying that -- that at least our group didn't
have any discussions about cost recovery as an element of the decision making in placing
the activities, so -- but I don't remember what our group scored it as. I do remember us
discussing that it was more of an individual benefit in the sense that, you know, it's -- it's
not something -- there -- there may be many people in our community that don't golf.
There also are a lot of golfers coming from other cities to use it. So, it's -- in that sense
it's very much an individual benefit and I -- I agree that it's somewhere between four and
five, so --
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Yeah. Thanks for that feedback. I -- I -- it sounds to me like a lot of the
community has an anxiety around something being eliminated or just that -- that they
wanted to make sure that, you know, things are still a priority and so I think now it's taking
that feedback and just making sure we are getting the appropriate cost recovery for each
activity. But I appreciate that insight. Definitely feels like it is between a four and a five
to me as well, but that's just one that kind of stood out to me. So, thanks for that feedback
and -- and that's okay. I -- I get it where the public's coming from as they reflect and now
I think it's directing things if there are tweaks that need to be made.
Simison: And if I could from a -- my perspective a little bit. You know, I think there is a
difference between golfing at Lakeview Golf Club and Lake View Golf Club as a facility in
certain regards or taking a lesson at Lake View Golf Club or renting the room there for an
event at Lakeview Golf Course. You know, there is definitely various levels and I think
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that's true for -- quite frankly I think the same thing could be said for the pool in a lot of
ways. You know, the -- the -- there are definitely individual versus community at different
times throughout these. So, it may not be fully one way or the other when it comes down
to it, but it is how you apply it.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: Are you recommending that we split those out and look at them separately as
cost recovery elements? Because I -- I agree with the use as being different in each
location and the revenue will be different.
Simison: I -- I think it's interesting to see that we have only one -- you know, the -- the
one -- one entity is listed in this way. You know, you don't see HomeCourt listed on this
in this way. You don't see a future community center listed as an entity on here. Is it more
based around the type of activity that I'm seeing or what you would do in that space. So,
it's just -- it's more interesting to have it called out specifically.
Siddoway: I would agree. And we actually wrestled with this very theme, creating our
programs and services for the sorting. Maybe if we can let Teresa give her perspective.
I think what we have talked about with her is that within something like Lake View Golf
Club there may be certain elements of it that are more or less, but overall what is
expected. So, if -- if -- if you would -- if you wouldn't mind letting her maybe add some
additional color as someone who deals with this on a regular basis, I think we would all
find it helpful and, then, we can decide what we want to do.
Jackson: Thanks, Steve. So, a couple items just to circle back to. When we set the
stage for the workshop we do say that this is about the benefit to the community. We
encourage participants to take themselves, take the individual out and to not focus about
on the fee. It's not about what it costs, it's about what the benefit is to the larger
community. So, that is how we set the stage. So, the comment related to the facility
rental piece at the golf course. So, the Lakeview Golf Club -- the definition for that is very
specific to rounds of golf. It doesn't include the rental. So, facility rentals that's there in
Tier 3 would encompass the room rental there at that facility as it stands now and so we
really ask departments to look at their budgets differently. So, we -- we all get into the
habit of looking at aquatics in a silo or a facility such as HomeCourt in a silo, but we want
to dissect that and just look at the youth programs that are at HomeCourt, the adult
programs, the rentals and we want to extract all of that out, so that like things are together
regardless of where they are occurring. Does that help a bit?
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
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Cavener: Teresa, can you maybe give Council a little flavor to the -- why the separation
of say something like a -- like a shelter rental being viewed as a considerable individual
benefit, while a city rental -- a facility rental, excuse me, is viewed as more balanced?
Kind of what was the synopsis as to why were the -- the groups kind of separating those
out?
Jackson: Sure. So, let's see. I'm going back just to take a look at where public and staff
were. So, the public was a three for a shelter rental and the staff was a five and so,
ultimately, they had some compromise there with a four and, then, as it relates to indoor
we were at a three and a four and staff came down to a four and I remember this was a
very tough one that the -- the group wrestled with for quite a bit, because in the public
mind they were the same. It was a rental whether it was inside or out. Staff saw a bit of
difference in that there is very limited indoor opportunities for rentals and that they can't
really serve a large portion of the community.
Siddoway: Mr. Mayor?
Jackson: Did I frame that right?
Simison: Mr. Siddoway.
Siddoway: The additional maybe flavor that I would put on to that is we were seeing
picnic shelter rentals as primarily more of a --an individual family or group --smaller group
benefit. A lot of our facility rentals, like for HomeCourt, they are youth team sports. There
is a kind of a greater community benefit to the -- the --the team aspect of that. So, I mean
if-- if there is disagreement with that among Council, that's why we are presenting tonight
to look at the consensus pyramid, but, you know, we can -- we did see that the -- we
thought the -- the shelter rental was more of an individual benefit than the -- than a sports
team renting a facility at HomeCourt as an example.
Perreault: Mr. Mayor?
Jackson: And ultimate -- oh. I apologize. The field rentals and the facility rentals ended
up on that same level because of that commonality that Steve referenced.
Simison: Council Woman Perreault.
Perreault: Thank you. One of the ways that we thought about this and looked at this was
kind of the -- the reverse. So, if you -- if you were to take away shelter rentals how would
that impact the community? If you were to take away facility rentals how would that impact
the community --would be a larger group of people that would be negatively affected and
so that was also one of the ways that we kind of looked at things is like what if it were
removed, who is it going to be -- you know, who is -- who is going to lose that benefit and
that helped in placing these as well.
Simison: I'm not sure who -- Teresa, do you have more to present?
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Jackson: I do and I think the next piece of what comes next will be very helpful as well,
because as we start thinking about the golf course and what an appropriate cost recovery
is there, as we are looking -- so, as we look at these tiers there will be a range of cost
recovery established for each tier and we have had many agencies who are hitting a
hundred percent cost recovery in Tier 4 and going beyond that in Tier 5 and this is more
common in cases where you are only counting direct cost and that is what we are doing
through this process. So, we are in the process presently of counting all of the cost
associated at the program level and associating the revenues, so that we can ultimately
understand cost recovery for each service, roll that up into the various categories and,
then, understand how the tier itself is performing and so this next slide is a sample from
another agency, just so you can start to get a sense of -- for example, if you look at that
tier one, those are all recovering at zero percent. The tier agres gets one hundred. You
can imagine their ultimate range was very small. As you let's say look at Tier 4, this is an
agency that was pricing things in a very similar way and so you don't see a significant
increase there, but you can see the cost recovery -- recovery similarities that would assist
in ultimately developing that range and so in Tier 4 that tier aggregate was 36 and in this
example they were counting indirect cost as well, so they were counting things like their
utilities and maintenance and a variety of things associated with each facility. So, right
now we are in the process of counting those costs and identifying current cost recovery.
So, at the end of this month we can present to the project team what the cost recovery is
by category, as well as tier, so that we can develop appropriate cost recovery goals for
the future that are based on a range and on what current cost recovery is. It's really
important in the process to know where you are at before you start making leaps into
where you need to be. We don't want it -- the goal isn't to increase fees and increase
revenue by a specific amount, but it's to ensure that cost recovery is similar for like items
that have a similar benefit to the community and so that's the next phase in the process
and so you could see, for example, here on this Tier 4 this agency their aggregate was
58. They determined a 60 to 100 percent goal for Tier 4 and Tier 5 was 101 plus and,
again, so thinking about concessions, for example, saying it may be cost recovery plus a
little bit, because we are not counting overhead, we are really just counting the cost of the
item and the staff time. So, that's all I had to present to you for this update. After we have
identified those cost recovery goals for the future we will be back before the group with
another update. I have got some good feedback definitely about the golf course and
facility rentals, but are there other questions this evening about the process or diving
deeper into where those categories were placed?
Simison: So, Teresa, I don't know if this is you or Council or -- but understanding when
you look at the buckets, one thing you don't have in there is -- we talked about is we don't
have the cost to build the park. We -- we don't even have capital replacement cost built
into these elements. How do other municipalities apply that, you know, or appropriate?
Can you set the cost recovery, then, just do a ten percent add-on for future capital needs
related to that? Do they build in actual cost? Do most just avoid it altogether and assume
that they will pay for that in a different way?
Jackson: I would like to say all look at paying for it another way. I can't think of a project
under the GreenPlay or BerryDunn umbrella that included the capital cost piece. Where
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you see variations is if agencies want to count their indirect cost or if they want to keep it
solely to the direct cost and when we started this process and sat down with your Finance
Department and Steve when we talked about what we were going to count, it seemed like
with the current cost recovery policy that the city has, which really this process falls in line
with very well as far as how there is levels of cost recovery and that policy only direct cost
are being accounted for and so we are following what you are doing already in your policy.
Simison: Now, if Council is not -- doesn't like that policy that's something we can look at
revisiting as we go through this process. But, Council, any additional questions or
comments at this time?
Cavener: Mr. Mayor?
Cavener: Councilman Cavener.
Cavener: Steve, who eventually, then, establishes the -- the future tier targets in terms
of the -- the percentages? Is that something that you guys are going to do in conjunction
with the Parks Department and bring a recommendation back to Council? Is it something
that Council is determining? What's -- what does that next step process look like?
Jackson: So, the project team will recommend what those tier targets should be for the
future and the final study and a recommendation will come to your body for review and
adoption.
Cavener: Mr. Mayor?
Simison: Councilman Cavener.
Cavener: And that may be a -- a good conversation about policy for our future Council
meeting. To me I think anything that's a Tier 5 needs to be taking into account the capital
cost of -- of building that structure. So, if it's even a -- you know, memorial bench or
memorial tree, shouldn't have the taxpayer subsidizing for the bench or the tree. Whoever
is buying the bench or the tree should be paying the full cost. I think that should also
pertain into facilities as well, for building or adding a facility to meet a specific need I would
hope that we would make sure that the taxpayers aren't subsidized that, so -- I know that
may be a future conversation, but I -- I think any cost recovery model that we do has to
at least contemplate reimbursing the taxpayers for certain capital infrastructures if they
have a very individualized use.
Simison: Thank you.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
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Strader: Maybe just one thing to kind of throw into the mix. So, I think a lot of it, too, kind
of depends on what a facility rental is being used for to some extent and that's hard to
parse out. But like I view someone, you know, using a facility, for example, for like a
wedding or something and that happens more I think in Boise than it does here, has a
considerable individual benefit versus, you know, like a 4-H group or something renting a
facility. So, I don't know how we could solve for that, but I think that's something we might
want to take into consideration.
Jackson: If I may respond to that. The process will ultimately include elements similar to
that. So, within a category you can have a sliding scale, so that a nonprofit rate is different
than a private party rate and they are collectively recovering within your range and so that
real cost recovery might come from that wedding, not that nonprofit, but it's meeting that
goal.
Strader: That's really helpful. Thank you. I will stay tuned.
11. Mayor's Office: Use of American Rescue Plan Act of 2021 (ARPA) Fund
Simison: Council, any additional questions or comments? All right. Thank you very
much, Teresa. Appreciate it. Steve. Garrett. Okay. With that we will move on to Item
11, which is from the Mayor's office, the use of American Rescue Plan Act of 2021 . ARPA
funds. Turn this over to Mr. Miles.
Miles: Good afternoon, Council, Mayor. I chalked this up to maybe continuing
conversations and lessons learned as we go through the process is more what this
conversation is going to be. I have just the one slide for you that I think most of you have
seen already. For informational purposes. What's laid out on that slide, just for those
watching so they know, it's really laid out on the project basis based on what we have
originally talked about -- presented to you on March 15th and, then, some additional
information that's come through budget conversations, as well as a proposed column of
sort of where -- where do we continue to go? So, if you recall back on March 15th we
sort of finalized this phase one list that's in the second column, adding the bio gas project
and moving the streetlights projects down into phase two, which we had not talked about
any of phase two projects, we just put that there as a placeholder. You can see the figures
there at the bottom. Since that time we have had some ongoing discussions, learning
more information, primarily around compliance reporting. I know -- in fact, I just got a
comment today that purchasing has told us for the Public Works projects we have to use
a competitive bidding process, not a roster list process. So, that's going to add time to
the --the extent of those projects, rather than just selecting off the roster. That leads back
to the compliance and reporting under ARPA. We are learning every day about what
reporting requirements there are. Finance has, rightfully so, some concerns to make sure
that we are meeting those requirements and as we dive into those requirements they
become what I will call more gray, not as straightforward as it's no problem, we can easily
report this, which is what some people were saying early on. So, we are just learning that
information and going through that. We are also, as we presented, for example, the
facility HVAC filtration project, we are running a pilot test right now up in Public Works to
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see what the benefit of that is and how that project works, so that we know as we go
through the -- putting together the scope and the design that we are putting together a
relevant project. We thought we had that. We are still waiting on the information from
the pilot project, but we just don't know what is the effectiveness of that project. So, that's
a reason why I suggested striking that project for the moment, utilizing dollars elsewhere
and, then, additional to the budget items that are listed in the FY-23 budget column, more
conversations with you all between the Mayor and the Council and ideas that are coming
and just coming to light and coming to the table, considering should any of those items
that maybe are budget items considerations be considered for ARPA funding, which
would, then, utilize -- or give you the ability to utilize budget dollars for other things. As
you see there you have got Jesse Tree payments listed, Circuit Breaker relief and
potentially the Fire and Police cost for the budget amendments that were recently
approved in the '22 budget. So, really here for a dialogue. I do provide a proposed
suggestion. I am looking for a little bit of guidance and discussion on these -- this
proposed column, probably mostly as it pertains to the phase one. We did talk with Public
Works on the bio gas project that was added. Laurelei McVey is here to address any
questions you have, but she did share that they believe it's feasible to get the project done
in the timeline when adding it to the list of the other projects that are there. Additionally
we are recommending using some of these funds for compliance reporting. If we have to
bring in a consultant to satisfy the reporting needs because we have staffing shortages,
staffing resources that we just don't have to get to that level of information, it's probably
not a bad idea to do that and I don't know that it would cost the entirety of what's listed at
175,000, but having it there and utilizing it on either a project-by-project basis or a
program basis is probably smart. So, maybe I will stop there, let some questions happen,
have some conversations and I can certainly provide any flavor or detail on the -- the
current phase two projects that are proposed on the far right. We also have -- Dave Tiede
is here and, as I said, Laurelei is here as well to address any questions.
Simison: Thank you, Dave. And if I could just add, I mean we wanted to at least get this
back in front of you prior to Thursday's budget conversation, so Council could look at the
full picture of things that are out there for consideration and discussion, not necessarily
asking for any decision tonight on anything, unless you feel so inclined to move forward
on anything specifically, but just, again, continue the conversation, see where we are
going, what makes sense and go from there. So, Council, any questions, comments or
we also have other staff that can come talk about the other projects which are mentioned
if you are interested. Council Woman Perreault.
Perreault: Thank you, Mr. Mayor. So, you just mentioned the compliance consulting. Is
-- is this just like a general placeholder for consultants we need to hire for any projects
that we have coming up in the next couple of years that we may not have otherwise
considered in the CFP or is there a specific compliance issue that -- that is being
proposed?
Miles: Mr. Mayor, Council Woman Perreault, this is more considering the ARPA projects
as a bucket to say we have got these projects and I think it's fair to -- you got to think of
this in maybe two phases. The Public Works projects that are larger that have
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engineering, engines, and staffing behind them where there is going to be consultants
that are experienced in grant management, probably have a different level of-- a different
threshold of compliance reporting concern to get it right, because they have that
experience behind those types of projects and other types of grant programs. The other
things that you get into are more the -- the localized program. So, when we are repaying
the benefits trust do we have the right paperwork put in place or do we need to hire a
consultant to tell us, hey, we need XYZ or the paperwork you submitted meets the
reporting requirements of the treasury? That's something that Finance has been
suggesting and asking for us, so we are having those conversations about what level of
what I will call -- I don't want to say auditing, but I'm going to say auditing. What level of
auditing of paperwork is necessary for the comfort level of the Finance team when we are
operating under this grant program. So, hopefully, that clarifies.
Perreault: Mr. Mayor, follow up, please.
Simison: Council Woman Perreault.
Perreault: So, if I am understanding correctly, it's once these projects are approved, then,
this consulting firm will look at the details and help us comply as a city to the ARPA
reporting requirements or are we talking about them consulting -- or them advising us on
whether these are -- are projects we should be using ARPA dollars for at all?
Miles: Mr. Mayor, Council Woman Perreault, to the compliance reporting requirements.
Which certainly if there is concern on their part to say, well, this project doesn't even meet
muster, which I will stick my neck out there, I don't believe -- I believe all these meet the
muster of the -- of being eligible for funding. The idea is more that they will be looking at
the paperwork to say this is what's required to submit to justify your project cost X time Y
of the -- the project timeline. It's standard reporting requirements in all grants. We are
not ARPA experts in grant funding on this program and that's some of the concerns that
Finance has expressed.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: So, is there an expectation that the federal government is going to make ARPA
reporting so complicated that we need to hire a consultant for 175,000 dollars to make
sure that we are in compliance? I just -- I'm really trying to understand it. I -- maybe I'm
just --
Simison: If I could --
Perreault: -- dense this evening.
Simison: The CFO of the city has requested outside assistance to ensure compliance,
so we are kept within the guidelines, yes. Whether it's he feels he doesn't have the
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resources or the knowledge, he is asking for additional assistance for running any of these
projects.
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Thanks, Dave. Could you just remind us about the timeline constraint of when
the money needs to be spent by? And, then, I might have a follow-up comment.
Miles: Sure. Mr. Mayor, Council Woman Strader, so projects have to have funding
allocated to them by December of 2024 and project expenses have to be expended by
2026 -- December 2026.
Strader: So, I -- I have a comment. Maybe --
Simison: Council Woman Strader.
Strader: And it's just thinking out loud, but, you know, it occurs to me like we are I think
moving the police and fire station costs in because we know they would be spent within
that time frame and we might want to think about -- I think we have decisioned that to a
pretty good extent already. I think that if that stayed in our original budget we were
presented that really leaves us with a pretty clean approach to like chewing what we bit
off last year and, then, I think this extraordinary funding could be used potentially for the
designing and design plans for the community center. Dave, is there any reason that the
community center has been omitted from consideration that we should be aware of?
Miles: Mr. Mayor, Council Woman Strader, only in the fact that we had moved the budget
items from the budget -- FY-23 budget items over to the proposed. I think it's really all for
discussion. You have got the omitted things that are on there, not only the community
center, but golf course irrigation, park land, certainly the streetlights as well. So, I think
it's all open for discussion and I appreciate your feedback on the -- the fire station
comment.
Simison: And one way or the other when you are talking about any of the things that
could be funded with General Fund dollars, the net result is the same, honestly, whether
you use money for a community center from ARPA or use Fire and Police for ARPA, it's
-- on the back end it's going to free up the same dollars for the same -- for any General
Fund purposes. Either way. If -- if you use the 4.3 from our Police and Fire, then, you
have freed up 4.3 million for community center. It's the same basic principle philosophy,
it's just where do you want to apply dollars potentially or not and are we -- what -- are we
confident in meeting those thresholds and those time frames which were discussed. And
I know that's even why Laurelei is here, is wanting to make sure that -- some of these
things we need to move forward on, because they will take significant amount of time and
we don't even know how long some of these are going to take based upon the current
supply chain and all -- all those wonderful, wonderful issues.
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June 14,2022
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Borton: Mr. Mayor?
Simison: Councilman Borton.
Borton: Your comment is spot on. I -- I thought this phase two proposal made sense in
that it's allocating this -- in this case 4.3, it's -- it's not additional funds, but it's kind of
recharacterizing existing budgeted items for two certainties that will meet the deadlines
that you have described. So, I think that makes great sense. The other two as well.
had sent out the note that big proponent of utilizing some portion, an amount to be
determined, for one facet of affordable housing solutions utilizing Jesse Tree and another
providing some form of Circuit Breaker relief, which I see both of those noted. But the
lion's share characterizing to cover the police and fire station existing costs makes great
sense to ensure compliance.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: I -- I would like to explore a little bit on the affordable housing subject, because
we have two things I -- I think two paths that we need to decide on. One is what are we
going to do with affordable housing for the future moving forward, if anything. I -- I have
no idea. And Council Woman Perreault has been diving into that. And the other one is
what do we do, if anything, with our recent request for funding for their project of affordable
housing and that can be ARPA funds, that could be budgeted funds in General Fund
dollars or it could be nothing at all. But I -- I -- I see whatever we do if -- if anything for --
for the housing company issue, a one off, because I think we need to have a plan in place
for affordable housing moving forward, again, if -- if any. If we decide to get into that --
that realm. So, that's one of those things I'm -- I'm not too sure what to -- which direction
we want to go on the first item of the immediate request and, then, of course, building that
other program and the timing and all those costs, that might be a General Fund item that
-- that we rely on moving forward. So, I just want to have that discussion, because I'm --
I'm not sure where -- where we want to go.
Perreault: Mr. Mayor?
Simison: Council Woman Perreault.
Perreault: My hope is, as many of you know, that definitely before the end of 2024 that
Meridian has an affordable housing policy and plan in place and that we would be able to
identify those funds fairly easily. But as you mentioned, Council -- Councilman Hoaglun,
you know, that this doesn't have a specific place right at this very moment and so if that
-- if that is something that, you know, if -- if Council says one of the criteria or desired
elements of these ARPA funds is to have a specific place for the funds to go, like
Councilman Borton just mentioned, with police and fire, we know the costs, we know they
are there, we know they can be met, then, you know, to stick consistent with the criteria
for each of the line items in here I think is a -- is a good idea. One of the original
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June 14,2022
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conversations we had in the first meeting was that Councilman Borton and Councilman
Strader. Here we are looking at how many of these will bring a return to the city of some
kind or a cost savings to the city of some kind. So, just want to circle around maybe on
our big picture criteria for each of these items and see if we want all of them to fit into that
criteria or if we want them to -- or if we are comfortable changing some of that criteria and
the -- the affordable housing conversation, one of the things I have thought about when I
first saw this -- I don't know who -- who had kind of decided to bring this as a proposal,
but was to potentially, as we have these conversations about consultants, talk with the
Planning Department about the possibility of using some of those funds to have some
guidance from specialists on affordable housing that -- that guide municipalities and
counties specifically. So, that's another potential item that we could consider under
affordable housing is to have somebody who maybe has more knowledge at the national
level of what different cities are doing that are in a similar position.
Simison: Council, any additional questions or comments at this time?
Strader: Mr. Mayor?
Simison: Council Woman Strader.
Strader: Maybe just a comment. I think it's great that we are looking at this and I think it
would be fantastic if we could have this conversation alongside the budget conversation
over the next month, because they really do go hand in hand. I agree that money is
fungible, but I -- I do think that this ARPAfunding is a specific opportunity to do things that
we might not otherwise be able to accelerate forward and so I -- I think it does make
sense to look at it a little bit differently, but I would just appreciate if we could -- if it's
possible for us to discuss ARPA projects within our discussions of the budget, I think that
would make a lot of sense to talk about them together. But that's just my two cents.
Simison: And, Council Woman Strader, that's why we wanted to get this in front of you
before we had the budget discussion, so you could see at least what was being proposed
as part of the -- as part of the dialogue. So, yeah, we weren't expecting a decision
direction tonight, but with other conversations occurring over the next several weeks it
just seemed appropriate To make sure we got this back in front of you for part of your
thought process.
Strader: Got it.
Hoaglun: Mr. Mayor?
Simison: Councilman Hoaglun.
Hoaglun: One other item I just want to touch on. Fiber connectivity. I don't know if, Dave,
you wanted to handle that. Dave Tiede is here. Just explain a little bit about what -- what
would be shovel ready and what this would entail.
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Miles: Yeah. Mr. Mayor, Council, Councilman Hoaglun, I -- my wife tells me that I just kill
electronics, so I have the Cliff Notes here, but if Dave is here and wants to chat about it,
I will let the expert chat about it.
Tiede: Good afternoon, Mayor, Members of the Council, Councilman Hoaglun. We have
a number of projects that we are interested in completing at this point in time. Most of
them are estimates. We have one that we have an official quote from a vendor on and
that is for the Fire Safety Center. That one could be started as early as August where we
do get approval. The others would take more time for developing, you know, a contract
and whatnot with consultants to do much of the labor, so --
Simison: Can you list the other projects that you have.
Tiede: Yeah. The other projects include Lakeview Golf Course. Fuller Park, which we
took ownership from WARD a few years back. Completing some projects that we have
done with Public Works in conjunction with ACHD, which includes work along Chinden,
Linder to Fire Station 5. At the Meridian pool. Connecting wastewater to that Chinden
section that we had -- that I just mentioned. Potentially Tully Park, Settlers Park and
Discovery Park phase one.
Hoaglun: Thanks, Mr. Mayor. Thanks, Dave. Yeah. Yeah. That fiber connection is
important. Again, to your point, Mayor, doing this will come out of the budget. I mean it's
-- it's -- it's all -- all the same to some degree. It can get done, so just one of those things.
But I was just curious what kind of your thought process was for where it needed to go.
Thanks, Dave.
Simison: Thank you. Council, any other questions or comments at this time? Okay.
Well, you have that. Thank you, Dave. And post -- post at least first budget conversation
maybe before. We will see about coming back. Because I know some of these we would
like to get the official official blessing to move forward in this budget year if we need to
bring forward a budget amendment for some of them, so -- all right. Thank you.
12. EXECUTIVE SESSION per Idaho Code 74-206(1)(d): to Consider
Records that are Exempt from Disclosure as Provided in Chapter 1,
Title 74, Idaho Code
Simison: Councilman Hoaglun.
Hoaglun: Mr. Mayor, I move that we go into Executive Session per Idaho Code 74-
206(1)(d).
Borton: Second.
Simison: I have a motion and a second to go into Executive Session. Is there any
discussion? If not, Clerk will call the roll.
Meridian City Council Work Session
June 14,2022
Page 21 of 21
Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader,
yea.
Simison: All ayes. Motion carries and we will move into Executive Session.
MOTION CARRIED: ALLAYES.
EXECUTIVE SESSION: (5:31 p.m. to 5:59 p.m.)
Simison: Council, do I have a motion to come out of Executive Session?
Hoaglun: Mr. Mayor, I move we come out of Executive Session.
Borton: Second.
Simison: I have a motion and a second to come out of Executive Session. All those in
favor signify by saying aye. Opposed nay? The ayes have it. Come out of Executive
Session.
MOTION CARRIED: ALLAYES.
Hoaglun: Mr. Mayor, I move we adjourn.
Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay?
The ayes have it. We are adjourned.
MOTION CARRIED: ALLAYES.
MEETING ADJOURNED AT 5:59 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
6 / 28 2022
MAYOR ROBERT E. SIMISON DATE APPROVED
ATTEST:
CHRIS JOHNSON - CITY CLERK
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Aviator Springs Subdivision Pedestrian Pathway Easement
Page 3
ADA COUNTY RECORDER Phil McGrane 2022-055689
BOISE IDAHO Pgs=6 CHE FOWLER 06/15/2022 08:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0182 Aviator Springs Subdivision
PEDESTRIAN PATHWAY EASEMENT
AG EHC II(LEN)Multi-
THIS AGREEMENT, made this 14th day of June 20 22 , between State 2,LLC
hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation,
hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following property,
described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated
herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway
easement for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that
the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the
easement hereby granted become part of, or lie within the boundaries of any public street,
REV. 01/01/2020
Pedestrian Pathway Easement
then,to such extent such 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 it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and quiet
possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and
year first hereinabove written.
GRANTOR: AG EHC II(LEN)Mufti State 2,LLC
Steven S.Benson,Manager of ES"iai Housing Asset Management.LLC,
an Arizona limited liability Company,the Authorized Agent of AG EHC II
(LEN)Multi State 2,LLC
STATE OF ARIZONA }
) ss
County of Maricopa }
This record was acknowledged before me on aj2 IZ (date) by j Yn J , ,
(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 A, F N C
(name of entity on behalf of whom record was executed), in the following representative
capacity: Q (type of authority such as officer or trustee)
(stamp)
tary Signature
My Commission Expires: t57 f Gr" /20ZS
Jaime Marie Adams
Notary Public
= Manoapa County,Arizona
` My COrnm,Expires 07-o-25
CO MM1B91Gn NM(307030
NOW
Pedestrian Pathway Easement REV. 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Si 'so Mayor 6-14-2022
� SEAL
Attest by C ris Johns" City Clerk 6-14-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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
CHARLENE WAY My Commission Expires: 3-28-2028
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Pedestrian Pathway Easement REV. 01/01/2020
Item#1. LEGAL DESCRIPTION
THE
LAND Page 1 OF 3
GROUP
May 24, 2022
Project No.: 120194
EXHIBIT"A"
AVIATOR SPRINGS SUBDIVISION
MULTI-PURPOSE PATHWAY EASEMENT DESCRIPTION
An easement located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4
North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the Southeast corner of Section 32 of said Township 4 North, Range 1 West;
Thence North 00°29'50" East, 2633.24 feet on the east line of said Section 32 to the East One Quarter
Corner of said Section 32;
Thence North 89°19'39" West, 421.58 feet on the east-west mid-section line of said Section 32 to the
POINT OF BEGINNING;
Thence South 07° 26' 59" West, a distance of 156.34 feet to a point of curve;
Thence 10.80 feet on the arc of a curve to the right, said curve having a radius of 33.19 feet, a
central angle of 18' 38' 58", a chord bearing of South 16' 53'40" West, and a chord length of
10.76 feet;
Thence South 29°44' 25" West, a distance of 62.26 feet to a point of curve;
Thence 30.65 feet on the arc of a curve to the left, said curve having a radius of 53.00 feet, a
central angle of 33' 07' 55", a chord bearing of South 13' 10' 27" West, and a chord length of
30.22 feet;
Thence South 03' 23' 30" East, a distance of 6.48 feet to a point of curve;
Thence 34.87 feet on the arc of a curve to the right, said curve having a radius of 67.00 feet, a
central angle of 29'48' 59", a chord bearing of South 11' 30' 59" West, and a chord length of
34.47 feet;
Thence South 27'03' 29" West, a distance of 11.86 feet to a point of curve;
Thence 105.92 feet on the arc of a curve to the left, said curve having a radius of 398.63 feet, a
central angle of 15' 13' 25", a chord bearing of South 19' 14'00" West, and a chord length of
105.61 feet;
Thence South 11' 37' 17" West, a distance of 112.14 feet;
Thence South 15' 37'46" West, a distance of 122.13 feet to a point of curve;
Thence 67.84 feet on the arc of a curve to the left, said curve having a radius of 294.50 feet, a
central angle of 13' 11' 53", a chord bearing of South 09°02' 01" West, and a chord length of
67.69 feet;
Thence South 02' 26' 04" West, a distance of 202.92 feet to a point of curve;
Thence 96.19 feet on the arc of a curve to the right,said curve having a radius of 92.00 feet, a
central angle of 59' 54' 16", a chord bearing of South 32' 23' 12" West, and a chord length of
91.87 feet;
Thence South 62' 20' 20" West, a distance of 20.05 feet;
Thence North 24°53' 09" West, a distance of 14.02 feet;
Thence North 62° 20' 20" East, a distance of 19.37 feet to a point of curve;
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com page 7
Item#1. May 24, 2022
Page 2
Thence 81.55 feet on the arc of a curve to the left, said curve having a radius of 78.00 feet, a
central angle of 59' 54' 16", a chord bearing of North 32° 23' 12" East, and a chord length of 77.89
feet;
Thence North 02° 26' 04" East, a distance of 72.00 feet;
Thence North 02° 26'04" East, a distance of 105.52 feet;
Thence North 02° 26'04" East, a distance of 9.01 feet;
Thence North 02° 26'04" East, a distance of 16.39 feet to a point of curve;
Thence 71.06 feet on the arc of a curve to the right, said curve having a radius of 308.50 feet, a
central angle of 13° 11' 53", a chord bearing of North 09°02' 01" East, and a chord length of 70.91
feet;
Thence North 15°37' 57" East, a distance of 54.29 feet;
Thence North 16°07' 01" East, a distance of 9.04 feet;
Thence North 15°33'05" East, a distance of 58.65 feet;
Thence North 11°36' 33" East, a distance of 84.61 feet;
Thence North 11°36' 33" East, a distance of 9.01 feet;
Thence North 11°36' 33" East, a distance of 17.69 feet to a point of curve;
Thence 99.29 feet on the arc of a curve to the right,said curve having a radius of 412.00 feet, a
central angle of 13'48' 31", a chord bearing of North 18' 30'49" East, and a chord length of 99.05
feet;
Thence North 26° 11' 15" East, a distance of 10.95 feet;
Thence North 27°03' 29" East, a distance of 11.22 feet to a point of curve;
Thence 27.51 feet on the arc of a curve to the left, said curve having a radius of 53.00 feet, a
central angle of 29'44' 16", a chord bearing of North 11° 28' 38" East, and a chord length of 27.20
feet;
Thence North 03° 23' 30" West, a distance of 6.48 feet to a point of curve;
Thence 38.74 feet on the arc of a curve to the right,said curve having a radius of 67.00 feet, a
central angle of 33' 07' 55", a chord bearing of North 13° 10' 27" East, and a chord length of 38.21
feet;
Thence North 29°44' 25" East, a distance of 63.91 feet to a point of curve;
Thence 10.89 feet on the arc of a curve to the left, said curve having a radius of 27.66 feet, a
central angle of 22' 34' 13", a chord bearing of North 18' 35'42" East, and a chord length of 10.82
feet;
Thence North 07° 26' 59" East, a distance of 148.07 feet to a point on the east-west mid-section
line;
Thence South 89' 19' 39" East, a distance of 12.08 feet on said east-west mid-section line to the
POINT OF BEGINNING.
The above described easement contains 0.32 acres more or less.
LAND
PREPARED BY:
The Land Group, Inc.
a 7880
5-24-2022
C1 TE 0
James R. Washburn 'sR.WA
Site Planning• Landscape Architecture•Civil Engineering•Surveying Page 8
462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com
Item#1.
N89°19'39"W 1323.00' S.32
C-E1/16 889.34' L26 421.58' 1S.33
C12 J�'J E1/4
Line Table SECTION 32
C11 ci T.4N., R.iW., B.M. °C q
LINE BEARING LENGTH r�
L7 N07°26 L23'59"E 156.34' 4Aklr�, C2
L2 N29°44'25"E 62.26' C1oL3L3 N0323'30'W 6.48' L22C3
L4 N27°03'29"E 11.86' L21l�
L5 N,1°37'17"E 112.14'
L20
L6 N15°3746"E 122.13' v MULTI-PURPOSE PATHWAY EASEMENT q
L7 NO2°26'04"E 202.92' L19 AREA: 0.32 ACRES (14,141.23 SQ. FT.)
L8 N62°20'20"E 20.05' L1 8 7'
L9 S24°53'09"E 14.02'
L10 S62°20'20'W 19.37'
L17-
L71 S02°26'04'W 72.00' \_
NJ
11A1' AN' (1f>
L12 S02°26'04' 105.52' L16 ---------J/, '�� SITE, Vv l z
ua s02°26'04'w 9.01. L15 W N cooc
L14 S02°26'04'W 16.39, r LJJ
L15 S15°37'57'W 54.29' lf� CCJ
L16 S16°07'01'W 9.04' L1 4 U I U o. 7880 z T M Lao
L13 -24-2022o y
C,
L17 S75°33'05'W 58.65' I
L18 S11°3633W 94.61' "T \O� 1 d a
L19 S„°36'33'W 9.01' J I I �'�yZj�F W A
L20 S„°36'33'W 17.69' r I I J �tilJ R A
L21 S26°11'15'W 10.95, r, I
L22 S27°03'29'W 11.22' J I
L23 S03°23'30"E 6.48' C7 '
L24 S29°44'25'W 63.91' l�
L25 S07°26'59'W 148.07'
L26 N89°19'39'W 12.08'
Curve Table
CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH
Cl 10.80, 33.19' 18°38'58' N16°53'40"E 10.76'
C2 30.65' 53.00' 33°07'55" N13°10'27"E 30.22'
I
C3 34.87' 67.00' 29°48'59" N11°30'59T 34.47' S1/16
C4 105.92' 398.63' 15°13'25" N19°14'00"E 105.61'
C5 67.84' 294.59 13°11'53" N09°02'01"E 67.69' -
C6 96.19' 92.00' 59°54'16" N32°23'12"E 91.87. 1317.11'
a C7 81.55' 78.00' WWI S32°23'12"W 77.89'
c C8 71.06' 308.50' 13*1153" S09°02'01"W 70.91' -S.32 !�S.33-
c9 99.29' 412.00' 13°4831' S18°30'49"W 99.05' SE CORNER �� USTICK
C10 27.51' 53.00, 29'44'16" S,1'28'38"W 27.20' SECTION 32 S 5 S.4- ROAD
3 C11 38.74' 67.00' 33°07'55' S13°10'27"W 38.21' T.4N., R.1W., B.M.
C12 10.89' 27.66' 22*34'13" S18°35'42'W 10.82'
E Exhibit "B" 0 200' 400'
Horizontal Scale:l" = 200' 120194
t Q Date of Issuance:May 19,2022
2
% THE Pathway Easement
LAND City of Meridian o
GROUP Aviator Springs Subdivision
LL Page 9
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Rackham Subdivision Lot 4 Water Main Easement
Page 10
ADA COUNTY RECORDER Phil McGrane 2022-055692
BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2022 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0185 Rackham Subdivision
Cot 4
WATER MAIN EASEMENT
THIS Easement Agreement, made this 14th day of June 20 22 between BVABC Eagle View, LLC
("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, THERF,1jORE,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 B)
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, it's
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 will not place or allow to be placed any
permanent structures,trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
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 Version 01/01/2020
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: BVABC Eagle View, LLC
By: BV Management Services, Inc., an
Idaho core ration, the Executive Manager
Cortney Liddiard,Presid nt
STATE OF IDAHO )
) ss
County of- -
This record was acknowledged before me on_S �- a.� (date) by Cortneyl-iddiard
(name of individual), [complete the following rfsigning in a representative capacity, or strike
the following if signing In an Individual capacity] on behalf of BVABC Eagle View,l_l_C
(name of entity on behalf of whom record was executed), in the following representative
capacity: Presidentofthe Executive Manager (type of authority such as officer or trustee)
LOVE
COMMISSION NO, 3792a ?> t�-
NOTARY PUBLIC Notary Signature
STATE OF IDAHO M Commission Expires-.
MY COMMISSION EXPIRES p.� V26 Y p
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simiso , 6-14-2022
C�W1L1k
SFAL
Attest by C is Johnson,.. ity Clerk '14-2022
STATE OF 1DAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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)p) Na)&W-wo-q
CHARLENE WAY Notary Signature
COMMISSION No. 67390 My Commission Expires: 3-28-2028
NOTARY PUBLIC
STATE OF IDAHO
Water Main Easement Version 01/01/2020
Item#2.
2775 W.Navagator Drive,Suite 210 Meridian Idaho Office
Meridian, Idaho 83642 Tel: 208.463.4197
wwwhorrocks.com H O R R O C K S Fax: 208.463.7561
1l N (i I N I? L R S
Date: February 22,2022
Project: ID-1864-1908 g`O CENS
Page: 1 of 1
0
a 1 �
EXHIBIT A �02-25-22�°
WA TER EASEMENT LOT 4 9TF OF �OQ
RACKILAM SUBDIVISION WR1G
This easement is situated in a portion of the S.W. '/4 of Section 16, Township 3 North, Range 1
East of the Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as
follows:
COMMENCING at the northeast corner of Lot 4 of Rackham Subdivision, book 120, pages
18582-18588, records of Ada county, from which the northwest corner of said Lot 4 bears
N.89014'57"W., 342.75 feet,
1. 1) Thence along the north boundary of said Lot 4, N.89°14'57"W., 37.41 feet, to the
POINT OF BEGINNING;
2. Thence,departing said north boundary line, S.00°45'03"W., 9.99 feet to the northwest
corner of Instrument # 2020-117724,records of said Ada county;
3. Thence along the west boundary of said Instrument# 2020-117724, S.00°45'03"W.,
16.49 feet;
4. Thence departing said west boundary, N.66°49'01"W., 16.97 feet;
5. Thence, parallel with the north boundary line of said Lot 4, N.89°14'57"W., 68.81 feet;
6. Thence, S.00057'13"W., 56.62 feet;
7. Thence,N.89°02'47"W., 20.00 feet;
8. Thence, N.00°57'l3"E., 76.55 feet, to a point on the north boundary line of Lot 4 of said
Rackham Subdivision;
9. Thence, along said north boundary line, N.89°14'57"W., 104.42 feet, to THE POINT
OF BEGINNING.
Page 14
Item#2.
RACKHAM SUBDIVISION ,wA
LOT 4, BLOCK 1
DOMESTIC WATER EASEMENT
!
(NOT TO SCALE)
LOT 5, BLOCK 1 I LOT 9, BLOCK 1
RACKHAM SUBDIVISION BOOK I I RACKHAM SUBDIVISION BOOK
120, PAGES 18582-18588 120,PAGES 18582-18588
I f
N69°14'57"W37.41'
P.O.C. LEGEND:
—
n N89°14'57"W 342.75'
P.O.B.
o — Q CALCULATED POINT
l 104.42
N NO°45'03"E 9.99' — ° L — S. Q° — 5/8"IRON PIN,PLS 8960
_ _ EASEMENT BOUNDARY LINE
N89°147"'5W66.81'--'L' DSO°45'03"W16.49'
— J ——————— EXISTING EASEMENT LINE
� N
20' h LOT LINE
w N66°49'O1"W 16.97 I P.O.B. POINT OF BEGINNING
INSTRUMENT ZI
zozo-in724 P.O.C. POINT OF COMMENCEMENT le u
0
to f
N89�7"W-40' I r
I LOT 10,BLOCK 1
LOT 4, BLOCK 1 Fn RACKHAM SUBDIVISION BOOK
RACKHAM SUBDIVISION BOOK I 12Q PAGES 18582-18588 �`ONp,1 �S
120, PAGES 18582-18588 f �y �xcf SF
02-25-22 0
`�agff Of
WRI��
HORROCKS 11111
•M WARNING DRAW NG INFO man
B N 6 I N B 6 R S 0 72 , EXHIBIT B oAr� O122 2222
SCALE INTS
AW0_ DATE o0
2775 N/M nd-,ID'Ol..Suite 210 A THIS BAR 00E5 NOT 00 0o/oolowo
MBntlien,ID 97602 lnEAsuRE!-THEN DflANnNG
15 NOT TO SCALE S.W. 1/4, SEC. 16,T3N, R1E
(209)995-2520 PROJ.NO 16186C-1900
www.homxiis eom —
Page 15
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Rackham Subdivision Lot 10 Water Main Easement
Page 16
ADA COUNTY RECORDER Phil McGrane 2022-055691
BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2022 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0184 Rackham Subdivision Lot 10
WATER MAIN EASEMENT
THIS Easement Agreement, made this 14th day of June , 20 22 between BVABC Eagle View, LLC
("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 B)
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, it's
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 will not place or allow to be placed any
permanent structures,trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
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 Version 01/01/2020
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: BVABC Eagle View, LLC
By: BV Management Services, Inc., an
Idaho corp ration, the Executive Manager
Cortn y Liddiard,Presi nt
STATE OF IDAHO )
) ss
County of ktl`M )
This record was acknowledged before me on (date) by CorheyLiddiad
(name of individual), [complete the following if'signing in a representative capacity, or sti-ike
the following if'signing in an individzrcrl capacity] on behalf of BVABC Eagle View,LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: President of the Executive Manager (type of authority such as officer or trustee)
QI LOVE
COMMISSION NO. 37925
NOTARY PUBLIC Notary Signature
STATE OF I DAHO
MY COMMISSION EXPIRES OV12/26 My Commission Expires: -c-4.c>D-cam
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
C
Robert E. Simiso 6-14-2022
SFAL `
Attest by CliWis Johnson, ity Clerk 6-14-2022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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
CHARLENE WAY
y Commission Expires: 3-28-2028
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Water Main Easement Version 01/01/2020
Item#3.
2775 W.Navagator Drive,Suite 210 Meridian Idaho Office
Meridian,Idaho 83642 H O R R O C K S Tel: 208.463.
www.horrocks.com Fax: 208.463.75617561
`11111
I N G I N 1` E, R S
Date: February 22,2022 �p�`�
Project: ID-1864-1908S ENS
F
Page: 1 of 1
� 1
J,02-25-22 0
EXHIBIT A �qrF of �oQ�
WATER EASEMENT LOT 10 SON WA'iG�
RACKHAM SUBDIVISION
This easement is situated in a portion of the S.W. '/4 of Section 16, Township 3 North, Range 1
East of the Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as
follows:
COMMENCING at the northwest corner of Lot 10 of Rackham Subdivision, book 120, pages
18582-18588, records of Ada county, from which the northeast corner of said Lot 10 bears
S.89014'57"E., 230.40 feet,
1) Thence, S.89°14'57"E., 43.66 feet, on the north boundary line of lot 10, to the POINT
OF BEGINNING;
2) Thence, departing said north boundary line,N.00°45'03"E., 8.44 feet;
3) Thence, parallel with the north boundary line of said lot 10, S.89°14'57 "E., 94.56 feet;
4) Thence, S.00'01'01"E., 8.44 feet to a point on the north boundary of said Lot 10;
5) Thence, S.00'01'01"E., 74.07 feet,
6) Thence, N.90°00'00"W., 20.00 feet;
7) Thence, N.00°01'01"W., 62.78 feet;
8) Thence, parallel with the north boundary of said Lot 10, N.89°14'57"W., 74.83 feet, to
a point on the west line of Instrument# 2020-1 1 7724;
9) Thence, along said west boundary, N.00°45'03"E., 11.56 feet, to THE POINT OF
BEGINNING.
Page 20
RACKHAM SUBDIVISION
LOT 10, BLOCK 1
DOMESTIC WATER EASEMENT '
I I (NOT TO SCALE)
LOT 5 BLOCK 1 I LOT 9 BLOCK 1
RACKHAM SUBDIVISION I RACKHAM SUBDIVISION
BOOK 120, PAGES 18582-18588 1 BOOK 12Q PAGES 18582-18588
I �
I I
I I —P.O.B. 4
P.O.C.---,I NO°45'03"E8.44' �pNp` Os
S89°14'57"E94.56' CENSFQ
o I
1 —
f ' . I. SO°0101"E 8.44'
S89°1457"E 230.40'J o
S89°14'57"E4a66'J a�G 0f26 2�5(/-,J\rZZ
N89°14'57"W74830 NO°45'03"E 11.56'J 0
r 1�p
F SOP
0
I INSTRUMENT# 10 20' Vyg1G�
I �2020•1 i 7724 3 w
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LOT 4 BLOCK 1 t o LEGEND I LOT 10, BLOCK 1 - '
RACKHAM SUBDIVISION can I RACKHAM SUBDIVISION 0 CALCULATED POINT
BOOK 120,PAGES 18582-18588 1 BOOK 120,PAGES 18582-18588 N9 00" oo' 5/8"IRON PIN,PLS 8960
ILn
EASEMENT BOUNDARY LINE
1 ——————— EXISTING EASEMENT LINE
LOT LINE
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
HOP-ROCKS
O
WARNING RAWINGINFO
E N O I N B 6 R S 0 7 t FATE 02/25/22 — — -
EXHIBIT B SCALE NTS
R V 001
2775 West Naan,ID
36 State 210 A THIS I-
BAR-T HOES NOT 00 00/00/00
Meridian,ID 83fi42 MEASURE NOT70 SCALE WING S.W. 1/4, SEC. 16, UN, R1E
IS NOT TO SCALE T FOR LISTING
(208)8952520 PRO!NO 10.T86L•1908 001
—.h.n00k.,-.
Page 21
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Rackham Subdivision Water Line Extension Water Main Easement
Page 22
ADA COUNTY RECORDER Phil McGrane 2022-055690
BOISE IDAHO Pgs=6 CHE FOWLER 06/15/2022 08:13 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0183 Rackham Subdivision
Waterline Extension Water Main /
Easement
WATER MAIN EASEMENT
' - BVABC Eagle View
THIS Easement Agreement, made this 14th day of June 2022,between
.Entertainment No.9, LLC "
("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 B)
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, it's
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 will not place or allow to be placed any
permanent structures,trees, brush, or perennial shrubs or flowers within the area described for ,
this easement, which would interfere with the use of said easement, for the purposes stated
herein., -
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 Version 01/01/2020
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:
BVABC EAGLE VIEW ENTERTAINMENT N*. L LLC
By: BV Management Services Inc..an
Idaho corporation,the ';�eculive Manager
By
rtney Liddiard,Preside
STATE OF IDAHO )
) ss
County of A-Cla )
This record was acknowledged before me on c3-DLo-rD� (date) by CortneyLiddiard
(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 BVABC Eagle View Entertainment No.1,LLC
(name of entity on behalf of whom record was executed), in the following representative
capacity: President of the Executive Manager (type of authority such as officer or trustee)
LOVE
COMMISSION NO. 37925
NOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires:^�-\� -�a(2
MY C OMMISSIONN EXPIRES 04J1226
Water Main Easement Version 01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert . Simi on, ayor 6-14-2022
SEAL '
Attest by C is John'"' ';`` ity Clerk 6-14-2022
STATE OF IDAHO, )
ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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)
Na)&W-wa�' —
Notary Signature 3-28-2028
CHARLENE WAY My Commission Expires:
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Water Main Easement Version 01/01/2020
Item#4.
2775 W.Navagator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 Tel; 208.463.4197
www.horrocks.com H O R K Fax: 208.463.7661
1.4 ICJ (.I 1 N I`S I 1Z S R1Q`L �D
Date: May 4,2022 �°�4ti�CENS, S
Project: ID-1755-1905
Page: 1 of 2
05-05-22 0
EXHIBIT A ;;� Of RQ��
DOMESTIC WATERLINE EXTENSION EASEMENT 4/y WR��*
RACKHAM SUBDIVISION
This Easement is situated in a portion of the N.E. %4 of the S.W. 114 of Section 16, Township 3
North, Range 1 East of the Boise Meridian, City of Meridian,Ada County Idaho, also being in
Block 1 of Racicham Subdivision,Book 120,pages 18,582 to 18,588, records of Ada County and
more particularly described as follows:
1) COMMENCING at the southeast corner of Lot 20,Block 1 of said Racicham
Subdivision from which the northeast corner of said lot 20 bears,N.00°05'25"W., 423.23
feet; thence along the south boundary of said Lot 20,
2) S.69°57'49"W., 297.72 feet to the POINT OF BEGINNING; thence running
perpendicular from said south boundary,
3) S.20°02'l 1"E., 4.00 feet; thence parallel with and distant 4.00 feet from the south
boundary of said Lot 20,
4) S.69°57'49"W., 125.22 feet; thence parallel with and distant 10.00 feet from the west
boundary of Lot 17, Block 1 of said Rackham Subdivision,
5) S.00°45'03"W., 31.82 feet; thence,
6) N.89°14'57"W., 20.00 feet; thence parallel with and distant 10.00 feet from the west
boundary of said Lot 17,
7) N.00°45'03"E., 24.23 feet;thence parallel with and distant 4.00 feet from the south
boundary of said Lot 20,
8) S.69°57'49"W., 85.81 feet to an angle point; thence continuing parallel with and distant
4.00 feet from the south boundary of said Lot 20,
9) N.89°14'57"W., 148.17 feet; thence perpendicular with said south boundary,
Page 26
Item#4.
Page; 2 of 2
10)5.00°45'03"W.,29.67 feet; thence parallel with and distant 33.67 feet from the said south
boundary,
11)N.89°14'57"W., 20.00 feet; thence perpendicular with said south boundary,
12)N.00°45'03"E., 29.67 feet; thence parallel with and distant 4.00 feet from said south
boundary,
13)N.89°14'57"W., 52.81 feet; thence perpendicular with said south boundary,
14)5.00°45'03"W.,24.50 feet; thence parallel with and distant 28.50 feet with said south
boundary,
15)N.89°14'57"W., 20.00 feet; thence perpendicular with said south boundary,
16)N.00°45'03'R, 12.34 feet; thence,
17)N.89°08'48"W., 13.94 feet to the south east corner of City of Meridian Utility Easement
Instrument# 2020-117724; thence along the east boundary of said Instrument,
18)N.00°02'39"W., 21.85 feet; thence continuing,
19)N.89°08'48"W., 7.97 feet; thence continuing,
20)N.00°02'39"W., 10.27 feet; thence leaving said east boundary and running parallel with
and distant 16.00 feet from the south boundary of Lot 20, Block 1 of said Rackham
Subdivision,
21)5.89°1457"E., 259.67 feet to an angle point; thence continuing parallel with and distant
16.00 feet from said south boundary,
22)N.69°57'49"E., 55.36 feet;thence perpendicular to said south boundary,
23)N.20°02'11"W., 11.52 feet; thence parallel with and distant 27.52 feet from said south
boundary,
24)N.69°57'49"E.,20.00 feet; thence perpendicular with said south boundary,
25)5.20°02'l l"E., 11.52 feet; thence parallel with and distant 16.00 feet from said south
boundary,
26)N.69°57'49"E., 153.41 feet; thence perpendicular with said south boundary,
27)5.20°02'11"E., 16.00 feet to the POINT OF BEC INNING.
Page 27
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7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Stapleton Subdivision No. 2 Sanitary Sewer Easement No. 1
Page 29
ADA COUNTY RECORDER Phil McGrane 2022-055687
BOISE IDAHO Pgs=5 CHE FOWLER 06/15/2022 08:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0178 Stapleton Subdivision No. 2
Sanitary Sewer Easement No. 1
SANITARY SEWER EASEMENT
THIS Easement Agreement, made this 14th day of June_, 20 22 between C4 land LLC
("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer 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
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 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, it's
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 will not place or allow to be placed any
permanent structures, trees, brush, or perennial shrubs or flowers within the area described for
this easement, which would interfere with the use of said easement, for the purposes stated
herein.
Sanitary Sewer Easement REV. 01/01/2020
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:
_U4—E—ancity V
STATE OF IDAHO )
) ss
County of Ada )
This record was acknowledged before me on 5—Q-g1Q (date) by _ _
(name of individual), [complete the folloiving if signing in a representatt ,e Fapacity of strike
the follmi,ing if signing in an individual capacity] on behalf of Gy �nr� io--
(name of entity on behalf of whom record was executed), in the following representative
capacity: (type of authority such as officer or trustee)
�ypTARy'; •� Notary Signature
• �_,4_
My Commission Expires: �_� 0
i on-AVBt.1C'�o;
�.'•..,,TE•OFT•....
Sanitary Sewer Easement REV. 0 1/0 1/2020
GRANTEE: CITY OF MERIDIAN
Ro ert E. Sim'son, 6-14-2022
� SEAL
Attest by Chris Johnson, City Clerk - - 022
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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) Na&ycWM
Notary Signature
CHARLENE WAY My Commission Expires: 3-28-202
COMMISSION No. 67390
NOTARY PUBLIC
STATE OF IDAHO
Sanitary Sewer Easement REV. 01/01/2020
Item#5. — —
Sawtooth Land Surveying, LLC
P: (208) 398-8104 F: (208) 398-8105
2030 S. Washington Ave., Emmett, ID 83G 17
Offsite Sewer Easement Stapleton Sub. No. 2 -�V:t
A 20.00 foot wide easement, located in the NE1/4 SE1/4 of Section 25, T. 3 N., R. 1 W., B.M., City of
Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the E1/4 corner of said Section 25, marked by an illegible aluminum cap, from
which the southeast corner of said Section 25, marked by an illegible aluminum cap, bears South
00032'48"West, 2664.87 feet;
Thence North 89029'21"West, coincident with the north line of said NE1/4 SE1/4 of Section 25, a
distance of 705.54 feet;
Thence South 00030'39" West, perpendicular to said north line, 181.00 feet to the POINT OF
BEGINNING;
Thence South 89029'21" East, parallel with said north line, 239,67 feet;
Thence South 66058'49" East, 100.88 feet;
Thence South 42028'25" East, 93.95 feet;
Thence South 45031'43" West, 20.01 feet;
Thence North 42028'25"West, 89,71 feet;
Thence North 66058'49"West, 92.55 feet;
Thence North 89029'21"West, parallel with said north line, 235.69 feet;
Thence North 00030'39" East, perpendicular to said north line, 20.00 feet to the POINT OF
BEGINNING.
The above described easement contains 8,518 square feet or 0.196 acres, more or less.
BASIS OF BEARING for this legal description is South 00032'48"West between the E1/4 corner and
the southeast corner of Section 25, T. 3 N., R. 1 W., B.M., Ada County, Idaho.
N1. LA
NEtdS
0
1 561 0
or
I �
Page 33
Item#5.
NE114 SE114 OF SECTION 25, T. 3 N., R 1 W., B.M.
CE1116 CORNER
SECTION 25 E114 CORNER
518"REBARICAP PLS 1118 SECTION 25
W. HARRIS ST. N 89029'21"W 1320.37' ALUMINUM CAP ILLEGIBLE
614.83' 705.54'
0
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/ BEGINNING Z
f S 89°29'21"E 239.67' tig I
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20.00' 18,518 SQ.FT.
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I.S,P.C.S., WEST ZONE
I
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SECTION 25
ALUMINUM CAP ILLEGIBLE 25 j 30
36 r3l-
PROJECT. a OWNERIDEVELOPER: DWG�
2030 S. WASHINGTON AVE. 120021-EX
OFFSITE SEWER EASEMENT4j EMMETT, ID 83617
STAPLETON SUB. 2 CONGER GROUP P: (208)398-8104 PROJECT#
MERIDIAN, IDAHO F: (208)398-8105 120021
��wrooTn SHEET
DATE: 1012011--1 I-oa5uive)4w LLG WWW.SAWTOOTHLS.COM 1
Page 34
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Victory Commons Subdivision Subdivision No. 2 Sanitary Sewer and Water
Main Easement
Page 35
ADA COUNTY RECORDER Phil McGrane 2022-055688
BOISE IDAHO Pgs=6 CHE FOWLER 06/15/2022 08:12 AM
CITY OF MERIDIAN, IDAHO NO FEE
ESMT-2022-0180 Victory Commons Subdivision No.2
Sanitary Sewer and Water Main Easement
SA T Y 5 ,WER N WATER MAIN.EASEMENT
THIS Easement Agreement, made this l4thday of June 2022 - between
€tuna victory,LLC ("Grantor")and the City of Meridian,an Idaho '
Municipal Corporation C«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 waxer mains over and across the -following
described property: i
(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, it's 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 undertaWng 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 Basement /REV.01f01/2020
"
THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described fbr this easement, which would interfere with the use of said easement, for the
purposes stated herein.
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:
KUNA VICTORY,LLC
By: BV Management S ces,Inca,an Idaho jorporation,the Manager
Cortney Lidd ard,President
STATE OF IDAHO )
) ss
County of Bonneville)
This record was acknowledged before me on (date) by
Cortney Liddiard (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 Kura Victory,LLC (name of entity on behalf of whom record was
executed), in the following representative capacity: President of the Manager (type
of authority such as officer or trustee)
LOVE
COMMISSION NO. 37925 `—
NOTARY PUBLIC Notary Signature
STATE OF IDAHO My Commission Expires: -,2-�a<rz
MY COMMISSION EXPIRES 04/12/26
Sanitary Sewer and Water Main Easement REV.01/01/2020
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 6-14-2022
Attest by Chris Johnson, City Cleric 6-14-2022
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 6-14-2022 (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 REV,01/01/2020
Item#6.
2775 W.Navigator Drive,Suite 210 Idaho Office
Meridian,Idaho 83642 H O R R O C K S Tel: 208.895.2520
www.horrocks.com
[l N C; I N I- I R, ENS
Date: May 11, 2022
Project: 1 D-1402-1810 a
Page: 1 of 2
J,05-12-22 0
EXHIBIT A 90 F of
VICTORY COMMONS No. 2 WATER EASEMENT N WR1G
This easement is situated in Government Lot 4 of Section 19, Township 3 north, Range I
East, Boise Meridian, City of Meridian, Ada County, Idaho, also being in a portion of
Parcel "A" of Record of Survey Property Boundary Adjustment No. 12,282, records of
Ada county, Idaho, more particularly described as follows:
COMMENCING at the southwest corner of said Government Lot 4, from which the
southeast corner of said Government Lot 4 bears, N.89°42'l 7"E., 1130.45 feet; thence
along the south boundary of said Lot 4,
1) N.89°42'17"E., 1130.45 feet to a found Aluminum cap marking the southeast
corner of said Government Lot 4; thence along the east boundary of said
Government Lot 4;
2) N.00°29'09"E., 48.00 feet to a found 5/8" diameter rebar marking the southeast
corner of Parcel "A" of said Record of Survey No. 12282, Records of Ada
county, also being a point on the north right-of-way of east Victory Road, thence
along the said north right-of-way;
3) S.89°42'17"W., 401.80 feet to the POINT OF BEGININNG, thence continuing;
4) S.89°42'17"W., 20.20 feet, thence leaving said north right-of-way;
5) N.08°16'05"W., 146.79 feet, thence;
6) S.81°43'55"W., 10.00 feet,thence;
7) N.08°16'05"W., 21.75 feet, thence;
8) N.81°43'55"E., 10.00 feet thence;
9) N.00°29'09"E., 39.42 feet, thence;
10)S.89°42'17"W., 10.00 feet, thence;
Page 39
Item#6.
Date: May 11, 2022
Project: ID-1402-1810
Page: 2 of 2
11)N.00°29'09"E., 20.00 feet,thence;
12) N.89°42'17"E., 10.00 feet,thence;
13) N.00°29'09"E., 188.43 feet,thence;
14) N.50045'38"W., 128.84 feet,thence;
15)N.39°14'24"E., 32.00 feet, thence;
16)5.50°45'38"E., 95.50 feet, thence;
17)N.39°14'22"E., 54.92 feet, thence;
18) S.50045'38"E., 20.00 feet, thence;
19)5.3994'22"W., 54.92 feet,thence;
20) 5.50°45'38"E., 169.56 feet, thence;
21)5.39°41'28"W., 20.00 feet,thence;
22) N.50°45'38"W., 140.04 feet, thence;
23) 5.00°29'09"W., 145.18 feet,thence;
24) N.89°42'17"E., 51.81 feet,thence;
25)5.00°29'09"W., 20.00 feet,thence;
26) 5.89°42'17"W., 51.81 feet,thence;
27)5.00°29'09"W., 80.48 feet, thence;
28) 5.08°16'05"E., 169.82 feet to the POINT OF BEGINNING.
Page 40
Item#6.
EXHIBIT B
SEWER & WATER EASEMENT
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H N Q I N S H R S EXHIBIT B _SCALE N T.S.
2775 West Navigator Dr..Suite 210 REV a DATE
Meridian,ID 83842 010 00/00/00,00
(208)895-2520 GOV'T LOT 4, SECTION 19, T3N, R1 E -SSREOtgr3'6HEET FOR LA STING Page 41
www.hortodcs.wm
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E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Restated and Amended Joint Powers Agreement for the Coordinated and
Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA) Annual Renewal
for Fiscal Year 2022
Page 42
Item#7.
C� fIEN ,
IN4,
IDAHG-.
MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Meridian Fire Department Meeting Date: June 14, 2022
Presenter: Deputy Chief Joe Bongiorno Estimated Time: 5 minutes
Topic: Restated and Amended JPA
Recommended Council Action:
Mayor and Council approval of the Restated and Amended Joint Powers Agreement for the
Coordinated Cooperation Provision of Emergency Medical Services in Ada County (EMS JPA)
Background:
[Provide context and reasoning for the recommendation]
Page 43
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, and Star Joint Fire Protection 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 Agrreeemment, with the exception
of Kuna Rural Fire District (hereinafter "Kuna"), 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, with the exception of Kuna. shall he 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; Ere 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 Parry 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, and Star Joint Fire Protection 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, 2013. 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 Parry 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
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 4
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 Parry 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 Parry are to be treated as described in Section
8.5.3 of this Agreement.
3.6 Party Termination.
3.6.1 For Cause.A Parry 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 Parry as a Parry 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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 5
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 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 first meeting held in new Fiscal Year, the Joint Powers
Board shall elect a chairman and a vice chairman whose primary responsibilities
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 6
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 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;
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 7
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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 8
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) 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
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 9
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
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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 10
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
and conditions the Parties may deem appropriate. Such agreements shall not authorize a
medical service provider to directly compete with any Parry 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.
state issued heense a-ad eper-a4e in aeeor-da-nee with the laws of the state of 1dahe an
asseeia4ed r-egiiiations of the Mahe Depar-tment of Health and Welfafe.
5.2 Establishment of the Ada County-City EMS System. The Board shall,together with the
Parties' governing boards, comply with Idaho Code §§ 53-501-510, "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
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 11
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.
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:
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 12
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.
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
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 13
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
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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 14
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;
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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 15
8.2.2 Each Parry 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
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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 16
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
extent allowed by law.
8.8 Shared Use of ESO Reporting Software. The Parties, with the exeeptio of u,,,,,,,
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 Parry 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.
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 17
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:
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
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 18
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.
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
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 19
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.
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:
By:
Rod Beck, Commissioner
By:
Ryan Davidson, Commissioner
By:
Kendra Kenyon, Commissioner
Attest:
Phil McGrane, Ada County Clerk
CITY OF BOISE:
Attest:
Lauren McLean, Mayor Lynda Lowry, City Clerk
CITY OF MERIDIAN:
Attest:
Robert E. Simison, Mayor 6-14-2022 Chris Johnson, City Clerk 6-14-2022
RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED
AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA
COUNTY—PAGE 20
STAR FIRE PROTECTION DISTRICT:
Attest:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT: Attest:
Josh Tanner, Board Chairman
KUNA RURAL FIRE PROTECTION Attest:
DISTRICT
:i.��e-atty;jF.Greg McPherson, Board Chairman
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, with the exeeption f rr,,n Rufal Fire D tr-ie The parties to this Appendix A may
each be referenced separately in this Appendix as "Party" or collectively as "Parties."
had not been amended by the addition of this Appendix A; the Kuna Rufal Fire Distr-iet is WHEREAS, the K-una Rufal Fire Dist-Fiet shall remain a pai4y to the Agreement as
however-, a pat4y to this Appendix A, and it is the intention and agFeement of eaeh PaAy hereto
that the Kuna R-dfal FiFe Pistr-iet shall be exempt from all. . . f this Appendix-A-,
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 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
party 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 Parry receives a
request for a NFIRS report prepared by that Party, and that Party is the only Party 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 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 Parry'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 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.
b. Prior to disclosing a record which contains both PHI and information subject to
APPENDIX A:ESO REPORTING SOFTWARE PAGE 4
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.
C. 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 f121years
NFIRS incident and Semipermanent Nineteen (19)years
casually re orts
Investi ative re orts Semipermanent Nineteen f12 ears
Photographs I Semi ermanent I Nineteen 19
Public records re uests Semipermanent Six 6 ears
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.
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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 Kuna Rural Fire District ("Kuna") as a member of the
Ada County-City EMS System ("ACCESS"), which is a single EMS entity license issued
by the state of Idaho.
2. To provide for the deletion of the requirement that Kuna maintain its own state-issued
license.
If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at
ACEMS at swinn@adacoun .id..ov
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, and Star Joint Fire Protection
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,
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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
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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.
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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, and Star Joint Fire Protection 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 Parry 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.
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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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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 first meeting held in 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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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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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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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 Parry'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,
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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
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
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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 Parry 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 §§ 53-501-510, "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,
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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
management program, development of a System training and education plan, and
other functions not specifically identified but intended to meet the requirements for
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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
recognized under national, state and local standards and
guidelines; and
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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'
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
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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.
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.
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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 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 Parry 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,
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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 Parry 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:
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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.
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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.
12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms
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of this Agreement,the prevailing Parry 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:
By:
Rod Beck, Commissioner
By:
Ryan Davidson, Commissioner
By:
Kendra Kenyon, Commissioner Attest:
Phil McGrane, 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 FIRE PROTECTION DISTRICT: Attest:
Jared Moyle, Board Chairman
EAGLE FIRE PROTECTION DISTRICT: Attest:
Josh Tanner, Board Chairman
KUNA RURAL FIRE PROTECTION Attest:
DISTRICT
Greg McPherson, Board Chairman
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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;
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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.
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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.
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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.
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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(l), 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(l)(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 eriod
Records containing PHI Semipermanent Nineteen 19 ears
NFIRS incident and Semipermanent Nineteen (19) years
casually re orts
Investi ative re orts Semipermanent Nineteen 19 ears
Photo ra hs Semipermanent Nineteen 19
Public records requests Semipermanent Six 6 ears
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Item#7.
EXHIBIT A
Ada County Paramedics' Records Release Policy,
Designated Records Set Policy, and HIPAA Policy
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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,
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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.
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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.
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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
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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
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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.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
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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.
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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
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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.
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(:>
E IDIAN*-----,
AGENDA ITEM
ITEM TOPIC: Agreement with Streamliners Swim Team for Use of Meridian Community
Swimming Pool Between the Streamliner Aquatic Recreation Inc. and the City of Meridian
Page 122
AGREEMENT WITH STREAMLINERS SWIM TEAM
FOR USE OF MERIDIAN COMMUNITY SWIMMING POOL
This AGREEMENT WITH STREAMLINERS SWIM TEAM FOR USE OF
MERIDIAN COMMUNITY SWIMMING POOL ("Agreement") is made this 14th day of
June , 2022 ("Effective Date"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City") and the Streamliner Aquatic
Recreation Inc., a non-profit corporation organized under the laws of the State of Idaho ("Team")
(collectively, "Parties").
WHEREAS, City operates the Meridian Community Swimming Pool and related
facilities, located at 213 E. Franklin Road, in Meridian, Idaho (the "Pool"), for the benefit of its
patrons and for the purpose of encouraging its patrons to learn to swim both recreationally and
competitively;
WHEREAS, Team offers and operates a swim team; and
WHEREAS,the Parties desire to enter into an agreement whereby Team can use the
Pool for its swim team's practice and to host swim meets;
NOW, THEREFORE, for and in consideration of the covenants and agreements herein
contained and for other good and valuable consideration, including the above recitals, it is hereby
agreed by and between the Parties as follows:
I. TERM. The term of this Agreement shall be June 6, 2022 through August 6, 2022.
II. RIGHTS AND RESPONSIBILITIES OF CITY. During the term of this Agreement, City shall have
the following responsibilities and obligations.
A. Use of Pool. During the term of this Agreement, City shall provide Team use of the Pool
from 5:30 a.m. to 7:00 a.m., on Mondays, Wednesdays, and Fridays, subject to City's
right to staff the Pool office and conduct business, including business with the public
other than use of the swimming pool (e.g., swimming lesson registrations).
B. Operation of Pool. City shall be responsible for operation and maintenance of the Pool
and its related systems. Team acknowledges that City's obligation to maintain the Pool
may result in periods where Team's use of the Pool may be prohibited or restricted.
C. Equipment storage. City shall provide an area for storage of Team's equipment.
IILRIGHTS AND RESPONSIBILITIES OF TEAM. During the term of this Agreement, Team shall
have the following responsibilities and obligations.
A. Safety and regulations. All use of the Pool by Team shall comply in all respects with
this Agreement, with City's rules and regulations for use of Pool, and with City's safety
and operating procedures at the Pool. At all times, Team shall follow all directions of the
Pool Manager, pursuant to guidelines established by City. This provision shall apply to
Team and each and all of Team's employees, volunteers, guests, invitees, and agents at
all Team practices, meets, meetings, and social gatherings occurring at Pool.
B. Swim practices. Team shall be entitled to the use of the Pool only for scheduled swim
practices and swim meets, as scheduled with the Pool Manager, during the term of and
subject to the provisions of this Agreement. Any other use of the Pool by Team shall
require payment of City's standard rental fee for the use of the Pool.
C. Lifeguards. At least one (1) certified lifeguard shall be present for all Team swim
practices, to be provided by Team, at Team's sole expense.
D. Payment and documentation. Prior to allowing any swimmer to enter the water at the
Pool, Team shall provide the following payment and documents to City:
1. Payment in the amount of forty-five dollars and eighty-five cents ($45.85)per
swimmer on Team.
2. One liability release form, attached hereto as Exhibit A, signed by each prospective
swimmer, including their parent or legal guardian if the swimmer is under the age of
eighteen(18), and a liability release form for any Team member, coach, or other
person who may or does enter the water during any Team swim practice session.
3. Proof of membership and certification of all of Team's coaches who are USA
Swimming members, and have successfully completed the current year's Safety
Training for Swim Coaches' training program, including Head-first Entries and
Racing Start Safety.
4. A list of all swimmers who are certified to perform a shallow racing start in four feet
(4') of water,pursuant to USA Swimming rules. If this list changes during the term of
this Agreement, Team shall promptly provide City with an updated list. Team shall
prohibit any swimmer from diving or making any racing start, whether from blocks or
from the side of the pool, whether at practice or at a swim meet, in any area where the
depth of the pool is four foot(4') less,unless such swimmer has current racing start
certification under USA Swimming rules. Team shall ensure that all swimmers
understand that starting or diving in the four-foot(4') section is only allowed at Pool
at Team practice or swim meets.
5. Proof of insurance demonstrating coverage pursuant to the following provisions:
a. Team shall purchase and maintain in force throughout the term of this Agreement
a policy of general liability insurance covering the activities of Team pursuant or
in the course of activities related to this Agreement, having a combined single
limit of not less than one million dollars ($1,000,000)per person and per
occurrence and property damage liability insurance with a limit of not less than
one million dollars ($1,000,000)per accident or occurrence.
b. Team shall purchase and maintain in force throughout the term of this Agreement
workers' compensation insurance on any and all persons in Team's employ, in the
minimum amount(s) as required by Idaho law.
c. All policies of insurance provided for herein shall be issued by insurance
companies rated A, Class VI, or better in Best's Key Rating Guide and qualified
to do business in the State of Idaho. All insurance required to be furnished by
Team name City as an additional insured. Team shall deliver proof of such
insurance within fourteen (14) days of execution of this Agreement. Failure of
Team to renew or replace such insurance at least thirty(30) days prior to the
expiration date of any policy required by this Agreement shall constitute a
material default under the terms of this Agreement.
E. Compliance with policy terms. Team shall not do or permit to be done any act or thing
at the Pool which would(a)jeopardize or be in conflict with insurance policies required
by this Agreement; (b) increase the rate of any insurance applicable to the Pool to an
amount higher than it otherwise would be for the typical use of the Pool; or(c) subject
City to any liability or responsibility for injury to any person or persons or to property by
reason of any activity undertaken during Team's use of the Pool.
F. Coaches CPR-certified. All of Team's coaches shall be certified in cardiopulmonary
resuscitation("CPR"). Team shall allow absolutely no swimming in the Pool unless a
CPR-certified swim coach, provided by Team, is present at all times.
G. Equipment storage. Team shall be responsible for providing, storing, securing,
maintaining, and repairing Team's equipment. Team shall store equipment at the Pool
only in the area designated for same by City, and only during the term of this Agreement,
with the exception of the Team's lane line reel, which may be stored at Pool year-round,
at the direction and election of City's Pool Manager. Team acknowledges that storing
equipment at Pool carries risks, some of which may be unknown, and agrees to assume
all known and unknown risks of such activity.
H. No office use. Team shall ensure that no one, other than authorized employees of City,
enters the Pool office unless expressly permitted by City's Pool Manager.
I. Indemnification. Team specifically indemnifies City and holds City harmless from any
loss, liability, claim,judgment, or action for damages or injury to Team, to Team's
personal property or equipment, and to Team's employees, volunteers, agents, guests,
invitees, or members arising out of or resulting from the condition of the Pool or any lack
of maintenance or repair thereon and not caused by or arising out of the tortious conduct
of City or its employees. Team further agrees to indemnify and hold City harmless from
any loss, liability, claim or action from damages or injuries to persons or property in any
way arising out of or resulting from the use and occupancy of the Pool by Team or by
Team's employees, volunteers, agents, guests, invitees, or members and not caused by or
arising out of the tortious conduct of City or its employees. Team's indemnification of
City as set forth in this provision shall specifically include all claims, actions,judgments
for damages, injury to persons and/or property, damages, losses and expenses, including
City's reasonable attorney fees arising out of, or as a result of, any swimmer's dive or
racing start, regardless of the actions of City. If any claim, suit or action is filed against
City for any loss or claim described in this paragraph, Team, at City's option, shall
defend City and assume all costs, including attorney's fees, associated with the defense or
resolution thereof, or indemnify City for all such costs and fees incurred by City in the
defense or resolution thereof.
J. Exterior displays. Team shall not install, display, or use permanent or temporary
exterior lighting, amplifiers, speakers, signs, flags, or other devices or medium which
may be heard or seen outside the Pool, unless first specifically approved, in writing,by
the Pool Manager. Such approval shall include a time limit, and may be revoked at any
time, at Pool Manager's sole election.
IV.GENERAL TERMS.
A. Default or breach; cure; termination. If Team is in breach or default of any of the
terms, covenants or conditions of this Agreement and Team fails or refuses to cure such
breach or default within ten(10) days of City's written notice thereof, this Agreement,
and all rights of Team in and to Pool, at City's option, may be deemed terminated and
forfeited without further notice or demand. In the event of any default or breach of this
Agreement and Team's failure or refusal to cure, City may bar Team's access to the Pool,
without prejudice to any and all other rights and remedies City may have. In the event of
a termination by City, with or without cause, any fees due to City by Team under the
terms of this Agreement through the time of termination shall remain payable by Team to
City. The rights,privileges, elections and remedies of City set forth in this Agreement or
allowed by law or equity are cumulative, and the enforcement by City of a specific
remedy shall not constitute an election of remedies and/or a waiver of other available
remedies.
B. Force Majeure. In the event of damage to the Pool or unsafe conditions due to a Force
Majeure, this Agreement shall be terminated upon mailing of notice by City. "Force
Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise
caused by or under the control of either Party, including acts of God, pandemic, fire,
flood, vandalism, accident, governmental act, threat to human health or safety, or other
like events that are beyond the reasonable anticipation or control of the Parties.
C. Notices. Day-to-day, informal communication with the Pool Manager shall occur by
email or phone. All other notices to be provided under this Agreement shall be in writing
and addressed as follows:
If to Team: If to City:
Streamliner Aquatic Recreation Inc. City Clerk, City of Meridian
Attn: Jason W. Berrett 33 East Broadway Avenue
1943 E. Overland Road, Suite 110 Meridian, Idaho 83642
Meridian ID 83642
Notices shall be either personally delivered or sent by U.S. mail,postage prepaid. Notice
shall be deemed to have been given upon deposit in the U.S. mail, or upon personal
delivery to the party above specified.
D. No assignment. Team shall not, without first obtaining City's consent: (a) subcontract,
sell, sublet, assign, mortgage, or transfer this Agreement or any interest herein; (b) allow
the use or occupancy of the Pool by anyone other than Team. No assignment shall
relieve Team of any liability under this Agreement, unless City consents in writing to
accept such assignment as a whole or partial novation.
E. Public venue. Team acknowledges that the Pool is a public place. To this end, all Team
activities at Pool shall be appropriate for all ages, values, and sensibilities. Hosted
activities, staff attire, decorations, signage, and entertainment shall not include language
and/or behavior that is profane, obscene, violent, or discriminatory; shall not promote,
foster, or perpetuate discrimination on the basis of race, creed, color, age, religion,
gender, sexual orientation, or national origin; shall not include defamatory or personal
attacks, threats to any person or organization, or content that promotes, fosters,
perpetuates, or incites conduct in violation of any federal, state or local law; content that
violates a known legal ownership interest, such as a copyright, of any party; or any
content that contains or perpetuates a message that Landlord deems to be inappropriate or
not in the best interest of the City of Meridian.
F. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination
against any person or group of persons on account of race, color, creed, religion, sex,
marital status, national origin or ancestry, in the course of Team's use, occupancy, or
enjoyment of the Pool.
G. Attorney fees. In the event of any litigation between the Parties concerning this
Agreement, the unsuccessful party in such litigation shall fully reimburse the prevailing
party for all reasonable costs and expenses, including reasonable attorney's fees, incurred
in such litigation.
H. Applicable law; nonappropriation. This Agreement shall be governed by and
construed in accordance with the statutes and constitution of the State of Idaho,
including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Team
acknowledges that City is a governmental entity, and the validity of this agreement is
based upon the availability of public funding under the authority of its statutory mandate.
Notwithstanding anything in this agreement to the contrary, City's obligations under this
Agreement are subject to and dependent upon appropriations being made by Meridian
City Council for such purpose.
I. Compliance with laws. Throughout the course of this Agreement, Team and each and
all of Team's employees, volunteers, guests, invitees, and agents shall comply with any
and all applicable federal, state, and local laws.
J. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of hereof as if the exhibits were set forth in their entirety herein.
L. Entire agreement. This Agreement contains the entire agreement of the Parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith. No verbal or written
inducements to execute this Agreement have been made to Team. In entering into this
Agreement, Team relies upon no statement, fact, promise or representation,whether
express or implied, written or oral, not specifically set forth herein in writing. This
Agreement may not be amended, modified, altered, or changed in any respect
whatsoever, except by further agreement in writing duly executed by the Parties.
M. Warranty of authority. Each party to this Agreement represents and warrants that the
execution, delivery, and performance of this Agreement has been duly authorized by all
necessary action of such party and upon execution shall be a valid and binding obligation
upon the Parties.
N. City Council approval required. The validity of this Lease shall be expressly
conditioned upon City Council action approving same.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective
Date first above written.
TEAM:
Streamliner Aquatic Recreation Inc.
By: _Hong Shao
Its Head Coach
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison, Mayor 6-14-2022 Chris Johnson, City Clerk 6-14-2022
7/tem 77
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Police Department: Proposed Ordinance related to Public Intoxication
(Potential Meridian City Code 6-3-4)
Page 129
CITY OF MERIDIAN ORDINANCE NO.
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERREAULT, STRADER
AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 6-3-4, REGARDING
PUBLIC INTOXICATION; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the City Council of the City of Meridian finds that the following ordinance
will serve the public health, safety, and welfare of the people of Meridian;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That a new section shall be added to Meridian City Code, Meridian City Code
section 6-3-4, to read as follows:
6-3-4: PUBLIC INTOXICATION PROHIBITED:
Any person who is intoxicated in public, to a degree that presents a danger to others or creates a
disturbance of the peace, shall be guilty of a misdemeanor.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective immediately upon its passage and
publication.
PASSED by the City Council of the City of Meridian, Idaho, this day of ,
2021.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of ,
2021.
APPROVED: ATTEST:
Robert E. Simison, Mayor Chris Johnson, City Clerk
PUBLIC INTOXICATION ORDINANCE PAGE I
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 21-
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance no. 2 1- of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this day of , 2020.
William L.M. Nary, City Attorney
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 21-
An ordinance adding Meridian City Code section 6-3-4, regarding public intoxication; adopting a
savings clause; and providing an effective date.
PUBLIC INTOXICATION ORDINANCE PAGE 2
Item#10.
E IDIAN
'aAHO
AGENDA ITEM
ITEM TOPIC: Parks and Recreation Department: Cost Recovery Process Update
Page 132
Item#10. Mayor Robert E. Simison
El'IDLIA N�� City Council Members:
Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
H 0 Luke Cavener Liz Strader
June 7, 2022
MEMORANDUM
TO: Mayor Robert Simison & Councilmembers
FROM: Steve Siddoway, Parks & Recreation Director
RE: Parks & Recreation Cost Recovery Model Update
Background
On April 26t",Teresa Jackson with our consultant team GreenPlay(now Berry Dunn)presented to City Council an
update and an overview of the process for developing a cost recovery model,including the pyramid methodology
(i.e.rating our programs from mostly community benefit to mostly individual benefit). On April 27',we hosted two
public workshops about cost recovery,where all of our parks&recreation programs were sorted by the public onto
the benefits pyramid. Sorting sessions were also held with staff and later reconciled together with the public
pyramid.
You may remember the following summary from our invitation to participate in the workshops:
The City of Meridian is inviting community members to attend a workshop to assist in evaluating the benefits of the various programs
and services provided by the Meridian Parks and Recreation Department.Residents have two Opportunities on Wednesday.April 27,
to participate in this workshop--one in person and one online via Zoom.The meetings will be facilitated by a representative from
BerryDunn,a consulting firm that is helping the city develop a Cast Recovery Philosophy and Policy based on the community's
values for recreation programs and services.
Each workshop will involve a small-group discussion and sorting exercise. Participants will examine various programs and services
provided by the department and provide their perception Of the community benefit verses individual benefit Of each program.City staff
will use this input to help develop resource allocation and cast recovery Options to present to the City Council in the future.
-------------------------------------------------------------
Teresa Jackson will present(via Zoom)to Council on June 14 to provide the results of the public sorting meetings,the
reconciled benefits pyramid and next steps in the process.
Proposal
No formal action is needed. This is an update on the process to keep the City Council informed about
the status of the Cost Recovery process, as well as a summary of the results of the public meetings and
our next steps. Your feedback is welcome. We are checking in to make sure we are on the right track as
we continue moving forward.
Page 133
Item#10.
a Cost Recovery Model
6D6eveloping
4p
IDIAN*----�
�
,.. + ILOH�
I D A H 0
REEA # N
P 1 4
Item#f 0.
Staff and Stakeholder Category Sorting
24 community
members
36 hours of
meaningful
volunteer
� deliberation
Page 135
Item#10.
Uts►traerxrWane rl�µukspar#,pyygxovnd.�i Pu}IVfi.md.%.,his6w
parnwaJr Inthepaak,Iakngcn
developing a Cost Recovery MadeJ
Hura-bDaaIoppoeturalies,for all ages,af*red rorShe Uarce,MarhalAeks.
purpa of lAre.amusement sccinlo fi mor Yogs,ghabagraphy,
Small Clrmop 4VorKsKvV Ground RAee relaaaoon.Clasaesarsdpraboms acach the fattefy,CM.
hsidomentals,skills ertechnigraerofapar&-War Jo=c—isr,alrl.Life
2. Have FianI Thl€.,drip*pp+Funikyroh*Eh2pe the futweo?gh&deparlrneoi. lirAby,artramars9nre, 9ki4c4esea
2. Everyoorrtr utionhacmerlt. iistentaradiath.ar,raspxterhalheAapainlon,and Graup5w* mm 4aulitetedbvaneorTore Youth Swim Les at
seek thm'whrp'behind what someone is mylr341, i0iiauvw-s wiar ehtdem€gNuped br!Aill We• akndsa Pool
An ais Wcrhnal�wrih one retractor and air
3. FLUY part spate:but d6 not WtelsUpt. Rlathe Jcbo}lLefaclllbrloa€mmelhat student(prrratel,wr rekuctor and a very sm all pmatesmnnLe
gvorygne haF in QppgrRlpYly Jo pr4Wde input GC ya4lr lwrr-rf yQls#end N he atilk$r,he nurnberolotlwrstudenu lsemi-priyatc),
swam that othws rnogd equal tlmg-and srrlf-Epanitor:If you t and no-44a rosarswd,lot 4bwn
some notes Aort rdmt weal to rontrlbuie and then tyke the ae onmhd ra SheamiY tKKN.R n
11O'-� � "�' 0.#sort,gtii]edJoirise4madctryagmupodndlwi]sraFs Ylxaver9ho�a.l4,ier
contrihatewhen ca[edan L6t!Kpresi y6ur vitern, to anaducati.r k Iiderc ing,arcntertalning Rahing,kleCatl Wlnsri
desalnatlon,adtm for kBure arsoc Lsr oppmtunitr . cainrral,dlmrJwne
A. Ormgup now Idiom. 00nwdwsllzkn a iopk or repeatedly kingupthvaan5n tnplc. We Inekides5eniorTrtPs. Falls,OrepoTrail
fnava o lot of graLmd to cnwm in aarlr maeting. The facilhw r,or an auis.&K n charged lnb!- ratr is Center
with assuraig that all ideas ate captured: Orrce the ide a captured,rnol+e an to new
sdeas.
eatr•frtprp'rlingsiipr.woeilrrSrh71b-191*ndd44WGC 4rr�phS*t�1nMo[�
nnrkhrnerst acthialm Foe chlklron,rffir2k!wturring aa4 drip,Cwdcor
5• oeckim t7akllsa-7riepr0leck team M shun ged yvim con sor�anngcu�ser.sus Info atgor+ di&wgccnoate.gkf LaiW krtt WPAeal liW%.i eaY rot AdI mMwrcaneµ.I err
guadingthn pmcrsf and mglring 4 f n;I racommdncluMn to the agency's arwrnlrbg 4pdy. up to a week. Hap"is camps
s-ir41Yr��ad11 I Peteatioml+Wile octiyiiieo-that ne off+ed. ring
soardinrted aid YAX4-d5ed bK City staff arwVor #oothrK Gam Hoy,
lttfank Yow jox b"MwNW in shpputg eSY t 9S I 1 x 1i.;Skwb{a,G,4kdrMel,sWletr.-FYeI#I Onc Cial!
jiNalm rrcvmtkA P WOrns far our peas F W"PLewrv#s i Wh
rn m .Yearownmiimmt dune and try ffoLpl;uthac6
�1' � lomporrT and a..aliao�ura oA a cttyrr�rrrd pleylgg
errLrp r is oppvscio2dd! _ RelG by the pubic ar a rLn-proflranttty regstered as a Wrls,N efiril.0 PAl.
Sl7S([�i 9ralge Sports,or
Treasure Valky Youth
a srr,v..
General ewer txm of
Tfmloorrty end rmlwOe Lem s1 a Oronrmed gmim or a Smurt ai Horrwvnlll;
hgcirp trr a rrwretlrr Ol Am gawal pLAA�qr a ron. 5w1m Team Noneal or
I..r m Omtr roottml aR M 51340. Pggl,Isdrty NK4 Pt
Pool
hscluve rmw tryaprraatc tsdKkSLml,Euslrws,or Jar Ugmw Maralal Arts
profit organization far an acWlty wrt6 Fee-asaaed Toumameet
atlerdarrrrm partnlpetlon. Fxlllb+isc wdtDrhe resmatnn at
Page 136
Item#10.
Side byComparisonSide
%krarkshep TwD Sta rl
Mcsvl to- Wack3hop Two PUBLIC
April 21,2022 k4uPE3
+tpHl.27,=2
• Prhatrar$Crnl-Prrra[rixsons
Admission eased Renial€ + Tenant Farlllty Lam
• Shelter Rental
• Verchandlse&veAn9 IV 5
• Temw Facility i.eest- Individual Bpnpl:I M13SUY
IrAyIdual l[Winofn
Lske,de k Golf C10i #
4 G416ceEwnr kPa5F; cunStaefdhle + Privote[r Scrml Priwa[r le mns Swim Lesmn4
JALIndividual Benef[i Adult Mcmaaan CJas an[E Pro rarnKr Y d�}
+ City Spans Leagues&Tautnemen[s $ 1`nULh ANSrE��itl4r�LIa5349 d141 F'rcgdm5
• R,aF Kykknsals YouthReLreatlangassesandPrau?. • iripr C1W poni5 LeRgms&TDurnaments
• AI 1px • Swim Lrasans Admi islan HiSCG Rerlals FWIRy RPntaIS
r Adul[Ancmgation Clasar•.%and F7.,$rxmr • YoUrhCamp4 ll
3 ` + 5h emr Remo C-011 CIIIU 6alanoetl FICii Reistala Baldnc$d
Individiol)Community RM(Il Mrnitora 4{lrnp In L,5C IndiyrduaUContrnulF'ty&�nefir MKchaatllse&4fencMjr
Cancels om Leases
2
CdnGWffahW Consi r r4�e
• Aift&& eC ltureT6vwnt; CanirmuniiyBmwlrif + 'rINOEAgvs ComrnunilyBenerrl
JY't53t4A Culture PYcl�r�rns . T�.BIdvenwls
Monrtored Drop-in USP
+ P4'WLTe05Ge€Ia4 EVfM
Mostly } Park&pathway Llse
+ VeNnreer Opporturrt[n MasH�
Communfip Bmafli . F*Fk 96 Pathway Use Coen ni . Community Special E4rnts
f X^ 2rLd Culrare Programs
F COlnnau nosy Special g,,en[s • Vnluneas+r[7pPnrtrnl[lac
Page 137
Item#10.
PUBLIC SCORE STAFF SCORE FINAL
SCORE
Private or Semi-Private Lessons 4 5 5
Admission Based Rentals 4 5 5
Shelter Rental 3 5 4
Merchandise & Vending 3 5 5
Lakeview Golf Club 3 4 4
Concessions Leases 3 4 4
City Sports Leagues & Tournaments 3 4 3
Facility Rentals 3 4 3
Youth Camps 2 3 2
Field Rentals 2 3 3
Monitored Drop-In Use 2 3 2
Arts and Culture Programs 1 2 1
Page 138
Item#10.
Meridian Parks and Recreation
Cost Recovery Made]: Consensus Pyramid
• Private or Semi-Private Lessons
Admission Based Rentals WE A E
Merchandise&Vending Mostly P RKS
� 0
• Tonant Facility Lease I Indi+rid�lai Benefit
RECREATION
• Shelter Rental 4
• Lakeview Gotf Cilmb Considerable
Concessions Leases
Individual Benefit
• Trips
• Adul[ Recreation Classes and Programs + Youth Recreation Cdas5esand Programs
Balanced 6 Swint Lessons
Individual{CnrrimU!nity Benefit + City Sports Leagues&Tournaments do
+ facility Rentals 0
2
Considerable
+ Permitted SpPrial fvent5 Community Befleflt
• Youth Camps
+ Field Rentals
+ Manitored Drop-In Use
mostly + Pads & pathway Use
Community Benefit . Community special Events
+ Arts and Culture Programs
+ Vol utitvpr Opp urtunitius Page 139
0
Step 6 : Determine Cost Recovery Levels
Fees and
LGrants Charges LL Supplies
Sp nsor Contracts
L ships L
Revenue Cost
0
Item#10. • Attractions: N/A
• Cemetery Oat Sales and locates:90%
r Concession,Vending, Merchandise: 112%
+ Squipment Rentals,NJA
• Garey House FLIIi-Service Rentals=14%
• Me-mortal Tree and Bench:70%
• Party Packne5; N/A
• PrivatefSerni-Private Lessurrs- 33% • Adapted Programs:0%
* Trip4-33% • Adult Classes, Programs, Wor
Tier Aggregate,45% Mostly iSeginninonterrnedWe),27%
lndlvldual Benefit • Adult Leagues: 54%
. Camps—Specialized: 11'
Ste p /7 • • drop-in Use,15%
• Classes, Prografrrs,Sports,Camps and Clinics � * Facility Membership.3796
{AdVanced/Competitive}- 13%
Considerable * Family Programs,44%
Establishin * Drop-in Childcare f Babysrt ns: NIA DePartment0rganized Tournaments' N/A Individual Benefit . Gorey Dark Passe 53K
* • Park Pavilion Rentals:$1%
+ Facility Rentals; 5596 . Senior Clas-ws, Programs,WprUh
• F3eld Rental: 29% 3 Reginning{Intefinediate]-
Future Tier Partnered Rental Agreurnent_ PIA Balanced
• Public Space Pefmits:27% Indivi dual{Community Benefit Tier Aggregate.41
Ta r e t s Special Permits:NIA
rmr Apg+ :36X �
2
Consideiahle
Community Benefit . 0epartment Produced Public Events;0%,
• Camps , General Recreation:+44% � # • Non-Monitored or Non-5zalfed Park/Faclllty..
• MobirefPap-upand Outreach Programs;39% Usage:Or°%
• Social ClubVAffinity Groups-N/A 1 Partnered Social Serultes- N/A
• Youth C1-a5ses, Programs,Workshops Mostly • Pubiir Education/Outreach Programs-.
iBeginning{Intermediate}; 27% Community Benefit . Volunteer Program, N/A
• Youth leagues,47%
Tier Aggregate-,0%
Sample Municipality rerAggregorer38%
Item#10.
Establishing Targ
ets
Tier Level Current Aggregate Cost Target Cost Recovery Range
Recovery
Tier 5 I 94% 101%+
Tier 4 I 58% 60 - 100%
I Tier 3 I 58% 41 - 59%
Tier 2 26% 11 - 40%
Tier 1 0% 0 - 10%
Sample Municipality Page 142
Item#10.
Teresa Jackson, AFO, CPO, I Senior Consultant
Thanl< ou Parks I Recreation I Libraries
t: 916.206.4390 1 berryclunn.com
BerryD page143
11
Mayor's Office: Use of American Rescue Plan Act of 2021
(ARPA) Funds
Original March 15 Approval FY23 Budget Items Proposed
Phase 1 • Facility HVAC Filtration ($160K) • Facility HVAC Filtration ($160K) • Facility HVAC F*ltrataeR ($160K)
• COVID Testing($15K) • COVID Testing($15K) • COVID Testing($15K)
• COVID Benefits Repayment($190K) • COVID Benefits Repayment • COVID Benefits Repayment
• Biosolids Drying($5M) ($190K) ($190K)
• SCADA Upgrades($250K) • Biosolids Drying($5M) • Biosolids Drying($5M)
• Energy Efficiency Study(Utls.) ($100K) • SCADA Upgrades($250K) • SCADA Upgrades($250K)
• Energy Efficiency Plan (City)($100K) • Energy Efficiency Study(Utls.) • Energy Efficiency Study(Utls.)
• Streetlights($1M) ($100K) ($100K)
• Energy Efficiency Plan (City) • Energy Efficiency Plan (City)
($100K) ($100K)
• Biogas(CHP)($1.5M) • Biogas(CHP)($1.5M)
• Compliance Consulting($175K)
Phase 2 • Reserve Set Aside ($2.5M) • Reserve Set Aside ($2.5M) • Police/Fire Station Costs($4.3M)
• Linder Overpass($2.5M) • Linder Overpass($2.5M) • Fiber Connectivity($500K)
• Community Center($8-10M) • Community Center($8-10M) • Affordable Housing($650K)
• Golf Course Irrigation ($4.85M) • Golf Course Irrigation ($4.85M)
• Regional Park Land ($5M) • Regional Park Land ($5M)
• Broadband ($tbd) • Broadband ($tbd)
• Streetlights($1M)
Change • Move Streetlights to Ph.2 • Jesse Tree Payments($750K) • Omit Facility HVAC
• Add Biogas to Ph. 1 • Circuit Breaker Relief($750K) • Omit COVID Testing
• Police/Fire Station Costs($4M) • Omit Linder Overpass
• Omit Community Center
• Omit GC Irrigation
• Omit Park Land
• Omit Streetlights
• Add Compliance Consulting
• Add Police/Fire Stations
• Add Fiber Connectivity
• Add Affordable Housing
Costs • $6.815M • $7.315M • $7.315M
Ph. 1
Fund • $6.03M • $5.53M • $5.53M
Remainder
Proposed • $22.85M -$24.85M, plus • $23.85-$25.85M, plus • $5.5M • $5.45M
Ph. 2
Total • $6.815M •
Accounted
Total • $12.845M • $12.845M • $12.845M • $12.845M
Allocation