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JPA - 2025 - Intergovernmental Agreement And Joint Powers Agreement For The Collection And Expenditure Of Development Impact Fees For Ada County Jail And Coroner Improvements - 11/25/2025 Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 City of Eagle/Ada County Agreement No. 31188 INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF DEVELOPMENT IMPACT FEES FOR ADA COUNTY JAIL AND CORONER IMPROVEMENTS [Idaho Code§ 67-8204A&67-2328] Parties to the Agreement: City of Eagle "City" Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616 Ada County "County" Ada County Attn: Director,Ada County Development Services Department 200 West Front Street Boise, Idaho 83702 THIS,AGREEMENT, made effective 25th day of November, 2025, 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 Act: means and refers to the Idaho Development Impact Fees Act Chapter 82,Title 67, Idaho Code, as it may be amended or restated from time to time. 1.2 Agreement: means and refers to this City of Eagle/Ada County Intergovernmental Agreement and Joint Powers Agreement for the Collection and Expenditure of Development Impact Fees for Ada County Jail and Coroner Improvements, by and between the Parties pursuant to LC.§67-8204A and section 7-6-17 of the Ordinance which may be referred to and cited as the "City of Eagle/Ada County Impact Fee Agreement" or"EIFA.' 1.3 Capital Improvements Plan: means and refers to the most recent Ada County Jail Capital Improvement Plan and Development Impact Fee Study and Ada County Coroner Capital Improvements Plan and Development Impact Fee Study, both hereinafter"Plans", adopted by the City and Ada County pursuant to the Idaho Development Impact Fee Act, Chapter 82,Title 67, Idaho Code. Page 1 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 1.4 Capital Projects Fund:Shall mean and refer to the Ada County capital projects fund as established by its Board of Commissioners in compliance with Idaho Code§ 67-8210(1)which shall include any of one or more interest bearing accounts into which each Jail and Coroner Impact Fees shall be deposited and maintained by County. 1.5 City: means and refers to the City of Eagle, Idaho, party to this Agreement. 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 County: means and refers to Ada County, 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 County, 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 those services areas as set forth in the Plans pursuant to the Act at Idaho Code§67-8203(26) being all that geographic area within the County's boundaries in which the County provides Jail and Coroner service to Development within the areas defined, on the basis of sound planning or engineering principles or both. For purposes of this Agreement,the service areas set forth in the Plans encompasses all properties within corporate city limits that fall within Ada County. 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. Page 2 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 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 Ada County, 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 within city limits,whereas constitutionally the County does not have ordinance adoption authority within city limits and cannot adopt a development impact fee ordinance effective on development within the city; 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 County for the purpose of agreeing to collect and expend development impact fees for System Improvements; and 2.5 Ada County,through its Sheriff's Office, operates the Ada County Jail("Jail")and is responsible for the care, custody, and control of individuals lawfully detained or incarcerated therein; and 2.6 Ada County Coroner's Office ("Coroner") is responsible for the investigation and certification of deaths occurring within Ada County, including those that occur in custody or under circumstances that require a medicolegal investigation under Idaho law; and 2.7 The City and County are experiencing and are 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; Page 3of12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 • 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 • Establish minimum standards for and authorize governmental entities which are authorized to adopt ordinances 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 County,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 at least five (5) members of the local community active in the business of development, building or real estate; and 2.10 County has provided the Plans 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 Plans by the City Council and the Ada County 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 Plans 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 County; 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 County pursuant to sections 7-6-17, 7-6-19 B and 7-6-20 B of the Ordinance and this Agreement shall be known as the City of Eagle/Ada County Jail and Coroner Development Impact Fee Capital Projects Fund (the "Capital Projects Fund"). 3.2 Deposits to the Capital Projects Fund Accounts:Ada County Jail and Coroner development impact fees collected by the City pursuant to the Ordinance and transferred to the County shall be deposited and maintained by Ada County to the Capital Projects Fund Accounts. 3.3 Interest Bearing Capital Projects Fund Accounts:The County shall establish the Capital Projects Fund accounts (the"Capital Projects Fund Account") as an interest- bearing Accounts. Page 4 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 3.4 Capital Projects Fund Accounts Accounting:The County shall account for the Capital Projects Fund Accounts as follows: 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#and street address (i.e. 21/5/1-Smith-Eagle View Subdivision No. 1, Lot_, Block or 123 Adam Dr.). City will provide to the County the above information. 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 County 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. Page 5 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 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. SECTION 4 COVENANTS OF PERFORMANCE SPECIFIC TO THE COUNTY The County shall, at all times: 4.1 Abide by the terms and conditions required of the County as set forth in the Ordinance,this Agreement and any amendments to the same; and 4.2 Maintain and staff sufficient personnel to manage and perform the duties and responsibilities of County 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 attributable to any adoption, or amendment to the Plans; 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 County; 4.4.3 Costs of drafting of this Agreement and any amendment or termination of the same as may be requested by the County; 4.4.4 Costs associated with the County'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 County under the provisions of the Ordinance; and 4.5 Be solely responsible for the County's performance of the terms and conditions required of it by the Ordinance and by this Agreement. Page 6 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 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 Ada County Development Services Director, or his designee, as the Administrator, as the City Clerk's duly designated agent, to perform the duties of the City Clerk pursuant to the Ordinance as it relates to the Emergency Medical Services Impact Fees established by section 7-6-21 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 Jail and Coroner Impact Fees in accordance with the terms of the Ordinance; and 5.4 Remit all Jail and Coroner Impact Fees collected by the City to the County 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 County of the Ordinance shall be under the direction of the Staff as designated by Ada County. 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 Attn: City Clerk 660 East Civic Lane Eagle, Idaho 83616 7.1.2 By scanning, attaching and e-mailing to: clerksCa>cityofele.org Page 7 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 7.2 The contact information for purposes of notice to and/or the delivery of documents to the County is as follows: 7.2.1 By mail or hand delivery addressed to: Ada County Development Services Department Attn: Director 200 West Front Street Boise, Idaho 83702 With Copy to: Ada County Prosecutor's Office Attn: Chief Civil Deputy 200 West Front Street, Room 3191 Boise, Idaho 83702 7.2.2 By scanning, attaching and e-mailing to: adacountyorosecutorPadacounty.id.wov 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 l]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 JAIL AND CORONER IMPACT FEES TO THE COUNTY 8.1 Remittance of Fees to County:Jail and Coroner Impact Fees collected by the City shall be delivered to the County on a monthly basis. 8.2 Administrative Fee:The County agrees to pay the City an administrative fee of Twenty Dollars($20.00)for each Jail Impact Fee collected by the City on building permits.Ada County further agrees to pay the City an administrative fee of Twenty Dollars ($20.00)for each Coroner Impact Fee collected by the City on building permits.The City shall submit an invoice to Ada County for the administrative fees, which shall be payable within thirty(30)days of receipt. SECTION 9 INDEMNIFICATION 9.1 To the extent permitted by law, each Party shall defend, indemnify, and hold the other Party, 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 other Party 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 the Party shall defend such allegations Page 8 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A9 64 q- 5 i'tY hait be ,1alt cDti61s, 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 the Party itself could be liable under state and federal statutes, regulations, common law, and other law.The Party's indemnification and defense of the other party herein is further limited by all defenses, burdens of proof, immunities, and limitations on damages to which the Party would be entitled if the claims were asserted against the Party itself. 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: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 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 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. 10.2.4 An approved amended and reformed Agreement shall be executed by the Parties. 10.3 Termination:This Agreement may only be terminated by either Party upon 6 months prior notice. 10.3.1 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. SECTION 11 EFFECTIVE DATE 11.1 This Agreement is effective simultaneously with the effective date of the Ordinance. Page 9 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx 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 II 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. IN WITNESS WHEREOF, the undersigned Parties have by action and/or authority of their Governing Bodies caused this agreement to be executed and made it effective as hereinabove provided, this 1. 4 day of IJONIEPA i,Y , 2025. DATED AND SIGNED THIS 2 day of MN lnnb •Ar , 2025. CITY OF EAGLE By: Brad Pike, Mayor ,.f'�s, ,� OF p A EST: ab2_( ' v �� : Tracy E. sborn, City Clerk S->•® •, SAL /� • • "•••.14PoRATIi9\�q"i•DATED AND SIGNED THIS 1q.l . day of A '/ fVi , 2025. Page 10 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 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 II 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. IN WITNESS WHEREOF,the undersigned Parties have by action and/or authority of their Governing Bodies caused this agreement to be executed and made it effective as hereinabove provided,this 15 day of N 14{m b t( ; 2025. DATED AND SIGNED THIS 'L5 day of 00itrr btr , 2025. CITY OF EAGLE By: Brad Pike, Mayor A EST: »... ' J�tPOR- •• ' Tracy E. sborn, City Clerk • S :� EAL . latk DATED AND SIGNED THIS I l day of 01,44 -'" 2025. '' °F lD� fy . Page 10 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 Board of Ada County Commissioners r—DocuSigned by: By. 11/25/2025 112:19 PM MST 5037314000AD470... Rod Beck, Commissioner DocuSigned by: 11/25/2025 I 2:09 PM MST By: 2230x201Acr4EE Ryan Davidson, Commissioner r—DocuSigned by: ���-- 11/25/2025 11:17 PM MST BY: DCD271341-06404D1 XXOIDayley, Commissioner Thomas AT6isSibeby: 411 dbc 1 1/26/2025 1 9:15 AM MST 29D002C72100406... Trent Tripple,Ada County Clerk Page 11 of 12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx Docusign Envelope ID:A92B4C40-E53B-47A3-A98E-6B1431232DE0 APPENDIX 1 Notice of Contact Information Change FROM:. TO: DATE: NOTICE IS HEREBY GIVEN, pursuant to Section of the City of Eagle/Ada County Intergovernmental Agreement and Joint Powers Agreement for the Collection and Expenditure of Development Impact Fees for Jail and Coroner Improvements, dated .of the following CHANGE IN CONTACT INFORMATION: New Contact Information is as follows: Name/Entity: Address: Telephone: Fax: Email: 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 County ❑ U.S. Mail Address ❑ Hand Delivery City,State ZIP ❑ Facsimile ❑ Email for City or County Acknowledgement of Receipt by: Name/Signature: Date: Page 12of12 k:\clerks\contract-agreements\25-26\ada county&coe jpa-collection of jail and coroner impact fees.docx