JPA - 2020 - Collection & Expenditure Of Fire Impact Fees - 12/8/2020City of Eagle / Eagle Fire Protection District
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR
THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT
SYSTEMS IMPROVEMENTS
Parties to the Agreement:
City of Eagle
[Idaho Code § 67-8204A & 67-2328]
"City" City Hall
660 E. Civic Lane
Eagle, Idaho 83616
Eagle Fire Protection District "Fire District" 1119 E. State Street, Ste. 240
Eagle, Idaho 83616
THIS AGREEMENT made effective the day of De, ✓' , 2020, by and
between the Parties as herein this Agreement defined.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein set
forth, and for other good and valuable consideration hereby acknowledged by the Parties to this
Agreement as having been received, the Parties hereby mutually promise, covenant, and agree as
follows:
SECTION 1
DEFINITIONS
For all purposes of this Agreement, the following terms have the definitions as herein
provided in this Section unless the context of the term clearly requires otherwise:
1.1 Agreement: means and refers to this City of Eagle/Eagle Fire Protection District
Intergovernmental Agreement and Joint Powers Agreement for the Collection and Expenditure
of Development Impact Fees for Eagle Fire Protection District Systems Improvements, by and
between the Parties pursuant to I.C. § 67-8204A and section 7-6-17 of the Ordinance which
may be referred to and cited as the "City of Eagle Impact Fee Agreement" or "EIFA."
1.2 Capital Improvements Plan: means and refers to the most recent Impact Fee Study and
Capital Improvements Plan, adopted by the City and the Fire District pursuant to the Idaho
Development Impact Fee Act, Chapter 82, Title 67, Idaho Code.
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 1
03/9,3
1.3 CAPITAL PROJECTS FUND: Shall mean and refer to the Fire District's capital
projects fund as established by its Board of Commissioners by policy in compliance with
Section 7-6-18 B of the Ordinance and Idaho Code § 67-8210 (1) which shall include any
of one or more interest bearing accounts into which each Fire District Impact Fees shall
be deposited and maintained by the Fire District.
1.4 City: means and refers to the City of Eagle, Idaho, party to this Agreement.
1.5 COMPASS: means the Community Planning Association of Southwest Idaho, an Idaho non-
profit association that serves as the metropolitan planning association for Ada County and
Canyon County.
1.6 Costs: means and refers to the expense inclusive of attorney fees, publication costs,
experts and/or consultant fees directly related to the performance of a covenant of this
Agreement.
1.7 Fire District: means and refers to Eagle Fire Protection District, party to this Agreement.
1.8 Ordinance: means and refers to the City of Eagle Development Impact Fee Ordinance
codified as Chapter 6 of Title 7 Eagle City Code together with any amendments thereto
approved subsequent to the date of this Agreement.
1.9 Party/Parties: means and refers to the City and/or the Fire District, as the Parties in this
Agreement, depending upon the context of the term used in this Agreement.
1.10 Service Area: means and refers to that certain area as a defined in the Act at Idaho Code
§ 67-8203 (26) being all that geographic area within the Fire District's boundaries as
identified by the City and the Fire District in which the Fire District provides fire
protection and life preservation service to Development within the areas defined, on the
basis of sound planning or engineering principles or both. For purposes of this
Agreement, there shall be one Service Area encompassing all area within the Fire District
which includes the area within the City and area within the unincorporated area of Ada,
Gem and Boise counties.
1.11 System Improvements: Means and refers to capital improvements to public facilities
identified in the Capital Improvement Plan designed to provide service to a service area as
defined in the Act at Idaho Code § 67-8203(28).
1.12 All other definitions: All other definitions of this Agreement are set forth in Section 7-6-
2 of the Ordinance and are herein included as separate definitions as if the same are set
forth herein.
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 2
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SECTION 2
RECITALS
The Parties recite and declare:
2.1 The Purpose of this Agreement is to facilitate the intent and purpose of the Capital
Improvement Plan and the Ordinance, to promote and accommodate orderly growth and
development, protect the public health, safety, and general welfare of the residents within
the City and within the boundaries of the Fire District, and to further the best interest of the
Parties.
2.2 Idaho Code § 67-2328 authorizes public agencies in Idaho to exercise jointly any power,
privilege, or authority authorized by the Idaho Constitution, statute, or charter. The Parties,
each being a public agency, hereby agree to exercise jointly their respective powers,
privileges, and authorities to accomplish the collection and expenditure of development
impact fees in accordance with Title 67, Chapter 82 Idaho Code.
2.3 The City is a governmental entity as defined in the Act at Idaho Code § 67-8203(14) and,
as provided at Idaho Code § 67-8202(5), has ordinance authority to adopt a development
impact fee ordinance whereas the Fire District does not have ordinance authority and
cannot adopt a development impact fee ordinance; and
2.4 Idaho Code § 67-8204A, provides that the City, when affected by development, has the
authority to enter into an intergovernmental agreement with the Fire District for the purpose
of agreeing to collect and expend development impact fees for System Improvements; and
2.5 The Fire District's duty and responsibility is to provide protection of property against fire
and the preservation of life, and enforcement of any of the fire codes and other rules that
are adopted by the state fire marshal; and
2.6 The Fire District's boundaries include some area within the City limits of the City and
area outside of the City in the Service Area, and the Fire District provides fire and
emergency services within the City; and
2.7 The City is experiencing and is affected by considerable growth and development; and
2.8 The purposes of the Act [Idaho Code § 67-8202] are as follows:
• Ensure that adequate public facilities are available to serve new growth and
development;
• Promote orderly growth and development by establishing uniform standards by which
local governments, such as the Parties, may require those who benefit from new growth
and development pay [development impact fees] their proportionate share of the costs
of new public facilities needed to serve that new growth and development; and
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 3
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• Establish minimum standards for and authorize cities to adopt impact fee ordinances.
2.9 In anticipation and in consideration of the City Council adopting the Ordinance, which is
intended to provide for the collection and expenditure of development impact fees for the
Fire District, the City established and appointed, pursuant to Idaho Code § 67-8205, and
Eagle City Code Section 2-5-1 the Eagle City Development Impact Fee Advisory
Committee consisting of five (5) members of the local community active in development,
banking, real estate, insurance, and local commerce; and
2.10. Fire District has provided the City with a Capital Improvements Plan prepared in
accordance with the requirements of Idaho Code § 67-8208 in consultation with the Eagle
City Development Impact Fee Advisory Committee.
2.11 Adoption of the Capital Improvements Plan by the City Council and the Fire District Board
of Commissioners were in accordance with Idaho Code §§ 67-8206(3) and 67-8208(1) as
applicable.
2.12 This Agreement facilitates the intent and purposes of the Eagle Fire Capital Improvements
Plan and the Ordinance, is in the best interest of the Parties, promotes and accommodates
orderly growth and development, and protects the public health, safety and general welfare
of the residents within the boundaries of the City and the Fire District; and
2.13 The Parties have determined it is necessary and desirable to enter into this Agreement.
SECTION 3
CAPITAL PROJECTS FUND
3.1 Capital Projects Fund Name: The Capital Projects Fund established by the Fire District
pursuant to sections 7-6-17 and 7-6-18 B of the Ordinance and this Agreement shall be
known as the City of EaglelEagle Fire Protection District Development Impact Fee Capital
Projects Fund (the "Capital Projects Fund").
3.2 Deposits to the Capital Projects Fund Accounts: Fire District development impact fees
collected by the City pursuant to the Ordinance and transferred to the Fire District shall be
deposited and maintained by Fire District to the Capital Projects Fund Accounts.
3.3 Interest Bearing Capital Projects Fund Accounts: The Fire District shall establish the
City of Eagle/Eagle Fire Protection District Development Impact Fee Capital Projects
Fund accounts (the "Capital Projects Fund Account") as an interest -bearing Accounts.
3.4 Capital Projects Fund Accounts Accounting: The Fire District shall account for the
Capital Projects Fund Accounts as follows:
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 4
3.4.1 Establish a separate accounting for each collected and transferred Impact Fee by
the designation of the year, month and date the Impact Fee was collected by the
City, the name of the fee payer, and the identification of the real property which is
the subject of the collection of the Impact Fee including the name of the
subdivision, the lot # and the block # or the County Assessor parcel number (i.e.
21/5/1- Smith — Eagle View Subdivision No. 1, Lot , Block or Ada Parcel
No. ).
3.4.2 Each separate accounting shall be additionally designated; in the event it was paid
under protest (i.e. UP) or is the subject of a claim for refund or reimbursement (i.e.
CR).
3.4.3 All Impact Fees in all accounts shall be maintained in an interest -bearing account.
The interest earned on each Account pursuant to Idaho Code Section 67-8210(1)
shall not be governed by Idaho Code Section 57-127, as amended, but shall be
considered funds of the Account and shall be subject to the same restrictions on
uses of collected Impact Fees on which the interest is generated.
3.4.4 First-in/First-out. All Impact Fees in each account shall be spent in the order
collected, on a first-in/first-out basis.
3.4.5 Financial Records. Accurate financial records shall be maintained and kept for
each account that shall show the source and disbursement of all revenues, that
shall account for all Impact Fees monies received, that shall ensure that the
disbursement of funds from each account shall be used solely and exclusively for
the provisions of projects specified in the Capital Improvements Plan, and that
shall provide an annual accounting of the Capital Projects Fund account showing
the source and amount of all Impact Fees collected and the projects that were
funded.
3.5 Capital Projects Fund Accounts Audit: The Fire District shall have performed, prepared
and a copy provided to the City, an audit as an annual report: (a) describing the amount of
all Impact Fees received, appropriated or spent during the preceding year by category of
Public Facility; and (b) describing the percentage of taxes and revenues from sources other
than the Impact Fees collected, appropriated or spent for System Improvements during the
preceding fiscal year by Systems Improvements category of public facility and the Service
Area.
3.6 Capital Projects Fund Accounts Expenditures: Distribution from the Capital Projects
Fund, except for a Fee Payer reimbursement or Fee Payer Refund made pursuant to the
City Ordinance and this Agreement, shall be in accordance with Idaho Code § 67-8210.
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 5
SECTION 4
COVENANTS OF PERFORMANCE SPECIFIC TO THE FIRE DISTRICT
The Fire District shall, at all times:
4.1 Abide by the terms and conditions required of the Fire District as set forth in the Ordinance,
this Agreement and any amendments to the same; and
4.2 Maintain and staff the position of Fire District Administrator to manage and perform the
duties and responsibilities of the Fire District Administrator as set forth in the Ordinance
and this Agreement; and
4.3 Establish and maintain the Capital Projects Fund in accordance with the terms and
conditions of the Ordinance and the provisions of Idaho Code § 67-8210 and any
amendment or recodification of the same and section 3 of this Agreement; and
4.4 Pay the following costs:
4.4.1 Costs associated with the Eagle City Development Impact Fee Advisory
Committee;
4.4.2 Costs of drafting and publication of the Ordinance and any amendment or repeal of
the same as may be requested by the Fire District;
4.4.3 Costs of drafting of this Agreement and any amendment or termination of the same
as may be requested by the Fire District;
4.4.4 Costs associated with the Fire District's performance of this Agreement;
4.4.5 Cost associated with an appeal of a claim of exemption;
4.4.6 Legal costs and fees of any action brought by a Fee Payer or Developer involving
a determination of the Fire District under the provisions of the Ordinance; and
4.5 Be solely responsible for the Fire District's performance of the terms and conditions
required of it by the Ordinance and by this Agreement.
SECTION 5
COVENANTS OF PERFORMANCE SPECIFIC TO THE CITY
The City shall:
5.1 Approve and enact the Ordinance and maintain the same in full force and effect until
amended and/or repealed in accordance with the provisions of this Agreement; and
5.2 Designate the Fire District's Administrator, as the City Clerk's duly designated agent, to
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 6
perform the duties of the City Clerk pursuant to the Ordinance as it relates to the Fire
District Impact Fees established by section 7-6-18 of the Ordinance; and
5.3 Abide by the terms and conditions required of the City as set forth in the Ordinance and
this Agreement and any amendments to the same, including the calculation and collection
of Fire District Impact Fees in accordance with the terms of the Ordinance; and
5.4 Remit all Fire District Impact Fees collected by the City to the Fire District for deposit in
a Capital Projects Fund account in accordance with the terms and conditions of the
Ordinance and the provisions of Idaho Code § 67-8210; and
5.5 Be solely responsible for the City's performance of the terms and conditions required of it
by the Ordinance and by this Agreement.
SECTION 6
ADMINISTRATIVE STAFFING
6.1 The administration and performance by the City of the Ordinance shall be under the
direction of the City Clerk.
6.2 The administration and performance by the Fire District of the Ordinance shall be under
the direction of the Fire District Administrator.
SECTION 7
NOTICE AND DELIVERY OF DOCUMENTS
7.1 The contact information for purposes of notice to and/or the delivery of documents to the
City is as follows:
7.1.1 By mail or hand delivery addressed to:
City of Eagle - City Clerk
660 E. Civic Lane
Eagle, Idaho 83616
7.1.2 By scanning, attaching and e-mailing to: clerks@citvofeaale.or2
7.2 The contact information for purposes of notice to and/or the delivery of documents to the
Fire District is as follows:
7.2.1 By mail or hand delivery addressed to:
Eagle Fire Protection District
Attention: Fire District Administrator
1119 E. State Street, Ste. 240
Eagle, Idaho 83616
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 7
Zi
7.2.2 By scanning, attaching and e-mailing to: tlewisaga2Iefire.or2
7.3 In the event either party has a change in the address and/or contact information provided
for in this Section, notice of the same [using the form attached to this Agreement as
Appendix 1] shall be provided to the other and upon acknowledgment of receipt of said
notice, this section of the Agreement shall henceforth be amended.
SECTION 8
DELIVERY OF FIRE DISTRICT IMPACT FEES TO THE FIRE DISTRICT
8.1 Remittance of Fees to Fire District. Fire District Impact Fees collected by the City shall
be delivered to the Fire District on a monthly basis.
8.2 Administrative Fee. The Fire District agrees to pay the City an administrative fee of
Twenty Dollars ($20.00) for each Fire District Impact fee collected by City on building
permits to a maximum amount not to exceed $25,000 in a Fiscal Year.
SECTION 9
INDEMNIFICATION
9.1 To the extent permitted by law, Fire District shall defend, indemnify, and hold City, its
officers, agents, and employees harmless for all claims, losses, actions, damages,
judgements, costs, expenses arising out of or in connection with any acts or omissions of
the Fire District related to the Ordinance, this Agreement, the assessment, collection and/or
expenditure of impact fees provided by the Ordinance, and/or any claim involving the
administration of impact fees as provided by this Agreement. In the event of such claim
Fire District shall defend such allegations and Fire District shall bear all costs, fees, and
expenses of such defense, including, but not limited to, all attorney fees and expenses, court
costs, and expert witness fees and expenses. Such indemnification and reimbursement for
defense shall be limited to only those claims, and only to the extent that Fire District itself
could be liable under state and federal statutes, regulations, common law, and other law.
9.2 To the extent permitted by law, City shall defend, indemnify, and hold Fire District, its
officers, agents, subcontractors, and employees harmless for injuries to persons or property
resulting from the wrongful acts of City, its officers, agents, or employees in performing
the duties described in this Agreement. Such indemnification and defense shall only be
limited to those claims, and only to the extent that, City itself could be liable under state
and federal statutes, regulations, common law, and other law. City's indemnification and
defense of Fire District herein is further limited by all defenses, burdens of proof,
immunities, and limitations on damages to which City would be entitled if the claims were
asserted against City.
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 8
1 2 O `.si24`1)
SECTION 10
TERM/AMENDMENT/TERMINATION
10.1 Term. This Agreement shall continue in force and effect perpetually from its execution
date unless terminated as provided in this section.
10.2 Amendment. Except as provided in Section 6.3, this Agreement may only be amended in
accordance with the following process:
10.2.1 An amendment may be proposed by either Party or the result of an update of the
Capital Improvements Plan.
10.2.2 A proposed amendment must be in writing and include this entire Agreement as
then existing, and shall therein include a strike -through of any language to be
deleted and underlining of any new language of the proposed Amendment.
10.2.3 A proposed Amendment shall contain a Statement of Purpose (which shall
include a statement of how the Parties will be affected by the Amendment), the
Party to contact for information and the Amended and Reformed Agreement text
and be accompanied by any accompanying proposed amendment of the
Ordinance.
10.2.4 The proposing Party shall also prepare and submit to the other Party the proposed
Amendment as above stated together with an Amended and Reformed Agreement
form in the event the proposed Amendment is approved.
10.2.5 An approved amended and reformed Agreement shall be executed by the Fire
District's Chairman of the Board of Commissioners and the Mayor of the City.
10.3 Termination: This Agreement may only be terminated in accordance with the following
process:
10.3.1 Either party may propose a termination and the same may be terminated upon
mutual agreement of the Parties or by one of the Parties, subject to six (6) months
prior notice, all in accordance with the provisions of this section.
10.3.2 A proposed termination shall contain a Statement of the Reasons (which shall
include a statement of how the Parties will be affected by the termination.) Any
proposal to terminate the Agreement must also include the proposal regarding the
repeal of the Ordinance.
10.3.3 No termination of this Agreement or repeal of the Ordinance can be retroactive
and the Agreement and Ordinance shall remain in effect regarding any active
accounts in the Trust Fund.
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 9
SECTION 11
EFFECTIVE DATE
11.1 This Agreement is effective simultaneously with the effective date of the Ordinance.
SECTION 12
GENERAL PROVISIONS
12.1 Third Party Beneficiaries: Each Party to this Agreement intends that this Agreement shall
not benefit or create any right or cause of action in or on behalf of any person or legal entity
other than the Parties hereto and/or a Developer or Fee Payer affected by the Ordinance or
the Agreement.
12.2 Severability: Should any term or provision of this Agreement or the application thereof to
any person, parties or circumstances, for any reason be declared illegal or invalid, such
illegality or invalidity shall not affect any other provision of this Agreement, and this
Agreement shall be construed and enforced as if such illegal or invalid provision had not
been contained herein.
12.3 Counterparts: This Agreement shall be executed by the Parties in two (2) counterparts,
and each such counterpart shall be deemed an "original."
12.4 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.
12.5 Choice of Law: This Agreement shall be governed and interpreted by the laws of the State
of Idaho.
12.6 Assignment: No Party may assign this Agreement or any interest therein.
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 10
IN WITNESS WHEREOF, the undersigned Parties have by action and/or authority of
their Governing Bc ?ems caused this Agreenrnt to be executed and made it effective as hereinabove
provided, this 6 fr1' day of _Cprrt ,e- , 2020.
a f- DATED AND SIGNED this � 0 day of frcern , 2020.
ATTEST:
Tracy E. S4Corn, City Clerk
CITY OF EAGLE.
B n
Y: ,
J '"son Pierce, Mayor
_\ Y GF" .
*� G �4,9�ZM-
- n s� •
=�; L : *:
DATED AND SIGNED this 14- day of ([', l 1 i)V- , 2020.
EAGLE FIRE PROTECTION DISTRICT
Josh T • ; . er, Chairman
ATTEST:
till
'1
By: 1 11
Angi McBride, Secretary
By: Fire District Resolution No.
G:1My Drive1Team Gigray11203113-08 CITY OF EAGLE and FIRE - Intergovernmental Agreement 11-22-20 DRAFT .docx
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 11
APPENDIX 1
Notice of Contact Information Change
FROM:.
TO:
DATE:
NOTICE IS HEREBY GIVEN, pursuant to Section of the City of Eagle/Eagle Fire
Protection District Intergovernmental Agreement and Joint Powers Agreement for the
Collection and Expenditure of Development Impact Fees for Fire District Systems
Improvements, dated . of the following CHANGE IN CONTACT INFORMATION:
New Contact Information is as follows:
Name/Entity:
Address:
Telephone:
Email:
Fax:
Signature (Authorized Agent)
Title:
Certificate of Service
I, the undersigned, hereby certify that on the day of . 20 a
true and correct copy of the above and foregoing NOTICE OF CONTACT INFORMATION CHANGE was
served upon the following by the method indicated below:
City or Fire District
Address
City, State ZIP
Acknowledgement of Receipt by:
❑ U.S. Mail
❑ Hand Delivery
❑ Facsimile
O Email
for City or Fire District
Name/Signature: Date:
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND
EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR EAGLE FIRE PROTECTION DISTRICT SYSTEMS
IMPROVEMENTS - City of Eagle/Eagle Fire Protection District Page 12