HomeMy Public PortalAboutResolution 23-19 Approval of Intergovernmental Agreement with City of McCallDocuSign Envelope ID AD571704-BC81-4DC1-95B3-11874B1202C0
City of McCall
VALLEY COUNTY, STATE OF IDAHO
RESOLUTION No. 23-19
A RESOLUTION OF THE CITY COUNCIL OF CITY OF MCCALL MAKING CERTAIN
FINDINGS; APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ON BEHALF OF THE CITY COUNCIL THAT CERTAIN AGREEMENT
WITH THE CITY OF MCCALL ENTITLED THE "CITY OF MCCALL/MCCALL FIRE
PROTECTION DISTRICT INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS
AGREEMENT FOR THE COLLECTION AND EXPENDITURE OF DEVELOPMENT
IMPACT FEES FOR FIRE DISTRICT SYSTEM IMPROVEMENTS"; DIRECTING THE
CITY CLERK; AND SETTING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McCall:
Section 1: Findings
It is hereby found by the City Council that:
1.1
Considerable growth within the City of McCall has an impact upon the District's ability to
service that new growth with the same level of service in reliance upon existing District
income sources; and
1.2 The District has negotiated with the City of McCall to use the City's ordinance authority
to impose a development impact fee for this Fire District's System Improvements that are
within the City and also within the boundaries of this Fire District; and
1.3 As a necessary part of the process of establishing a Fire District development impact fee in
addition to the approval of an Ordinance by the City, pursuant to Idaho Code § 67-8204A,
the District has negotiated the following agreement with the City of McCall: the City of
McCall/McCall Fire Protection District Intergovernmental Agreement and Joint Powers
Agreement For the Collection and Expenditure of Development Impact Fees for Fire
District System Improvements (the "Intergovernmental Agreement"); and
1.4 Section 2 "Recitals" of the Intergovernmental Agreement sets forth the authority,
intentions, purposes, consideration and reasons of the City of McCall and this Fire District
for entering into the Intergovernmental Agreement, and such Recitals are therefore by this
reference incorporated herein as if set forth at length.
Section 2: Action authorizing the Mayor and City Clerk to execute the Intergovernmental
Agreement
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Resolution 23-19 Approval of Intergovernmental Agreement with City of McCall
September 7, 2023
DocuSign Envelope ID AD571704-BC81-4DC1-95B3-11874B120200
2.1 That the Mayor of the City Council and the City Clerk are hereby authorized, as the agents
of this City, to execute the Intergovernmental Agreement, a true and correct copy of which
is attached hereto and marked Exhibit A and by this reference incorporated herein, and
thereby fully bind this City to its terms and conditions upon the same being approved and
executed by the McCall Fire Protection District.
Section 3: Direction to City Clerk
3.1 The City Clerk is hereby directed to retain this resolution in the official records of the City
and to provide a certified copy of this resolution to the District Office Administrator of the
McCall Fire Protection District and provide a copy to the City Attorney.
Section 4: Effective Date
4.1 This Resolution shall be in full force and effect on September 8, 2023.
PASSED BY THE CITY COUNCIL by the City Council of the City of McCall this 7
day of September, 2023.
DocuSlyned by:
Signed: E
Roberta Gies, Mayor
ATTEST:
I certify that the above Resolution was duly adopted by the City Council of the City of McCall
on September 7, 2023 by the following vote: Ayes: 5
Nos: 0
Absent: 0
DoeuSgned by:
By [yp�:
b I A /CNY W14
Bessielo Wagner, City Clerk
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Resolution 23-19 Approval of Intergovernmental Agreement with City of McCall
September 7, 2023
DocuSign Envelope ID AD571704-BC81-4DC1-95B3-11874B120200
EXHIBIT A
CITY OF MCCALL/MCCALL FIRE PROTECTION DISTRICT
INTERGOVERNMENTAL AGREEMENT AND JOINT POWERS AGREEMENT
FOR THE COLLECTION AND EXPENDITURE OF
DEVELOPMENT IMPACT FEES FOR FIRE DISTRICT SYSTEM IMPROVEMENTS
[Idaho Code § 67-8204A & 67-2328]
Parties to Agreement:
City of McCall
City
City Hall
216 E Park Street
McCall ID 83638
McCall Fire Protection District
Fire District
201 Deinhard Ln,
McCall, ID 83638
THIS AGREEMENT made effective the 7 day of September, 2022, 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 Fee Act, Chapter 82, Title 67,
Idaho Code as it may be amended or restated from time to time.
1.2 Advisory Committee: means and refers to the McCall Fire Protection District Development
Impact Fee Advisory Committee formed and staffed by the City and the Fire District pursuant
to Idaho Code § 67-8205, McCall City Code § 1.10.4, and this Agreement to prepare and
recommend the Capital Improvements Plan and any amendments, revisions or updates of the
same.
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1.3 Agreement: means and refers to this City of McCall/McCall Fire Protection District
Intergovernmental Agreement and Joint Powers Agreement for the Collection and Expenditure
of Development Impact Fees for Fire District Systems Improvements, by and between the
Parties pursuant to Idaho Code 67-8204A and Chapter 17 of Title 10 McCall City Code which
may be referred to and cited as the "McCall Fire Protection District Intergovernmental Impact
Fee Agreement" or "MIFA."
1.4 All other definitions: All other definitions of this Agreement which are not otherwise set
forth in this section are set forth in McCall City Code § 10.2.1 and are herein included as
separate definitions as if the same are set forth herein.
1.5 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.
1.6 Capital Projects Fund: means and refers to the McCall/McCall Fire Protection District
Development Impact Fee Capital Projects Fund established by the Fire District pursuant
to Chapter 11 of Title 10 McCall City Code, and pursuant to Idaho Code § 67-8210(1),
as established by the Fire District Board by policy, which shall include any of one or more
interest bearing accounts into which Fire District Impact Fees shall be deposited and
maintained by the Fire District.
1.7 City: means and refers to the City of McCall, Idaho, party to this Agreement.
1.8 Costs: means and refers to the expense inclusive of attorney fees, publication costs, expert
and/or consultant fees directly related to the performance of a covenant of this Agreement.
1.9 Fire District: means and refers to McCall Fire Protection District, party to this
Agreement.
1.10 Fire District Board: Means and refers to the Board of Commissioners of the Fire District.
1.11 Ordinance: means and refers to the McCall Fire Protection District Development Impact
Fee Ordinance codified at Title 10 McCall City Code, together with any amendments
thereto approved subsequent to the date of this Agreement.
1.12 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.
1.13 Service Area: means and refers to that certain area as 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 and life
preservation service to Development within the areas defined, based on 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.
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1.14 System Improvements: Means and refers to capital improvements to public facilities
identified in the Capital Improvements Plan designed to provide service to a service area,
as defined in the Act at Idaho Code § 67-8203(28).
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
Improvements 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 boundaries of the Fire District, and to further the best interest of the Parties; and
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; and
2.3 The City is a governmental entity as defined in the Act at Idaho Code Section 67-8203(14)
and as provided at Idaho Code Section 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 Section 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, emergency medical services, 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 all the area within the City, and the Fire District
provides fire and emergency medical 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 Section 67-8202] are as follows:
• Ensure that adequate public facilities are available to serve new growth and
development; and
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• 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 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 has established and appointed, pursuant to McCall City Code § 1.10.4
and Idaho Code § 67-8205, the Advisory Committee; 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
Advisory Committee; and
2.11 Adoption of the Capital Improvements Plan by the City Council and the Fire District Board
was in accordance with Idaho Code §§ 67-8206(3) and 67-8208(1) as applicable; and
2.12 This Agreement facilitates the intent and purposes of the Fire District's 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 City and within the boundaries of the Fire
District which are not within a city; 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 Fire District shall establish and maintain 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 the Fire District to the accounts in the Capital Projects Fund.
3.3 Interest Bearing Capital Projects Fund Accounts: The Fire District shall establish
Capital Projects Fund accounts as the McCall/McCall Fire Protection District
Development Impact Fee Capital Projects Fund accounts (the "Capital Projects Fund
Account") as interest -bearing Accounts.
3.4 Capital Projects Fund Accounts Accounting: The Fire District shall account for the
Capital Projects Fund Accounts as follows:
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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 number and the block number, or the Valley County Assessor
parcel number (i.e. 23/7/1- Smith — View Subdivision No. 1, Lot
Block or Valley County Assessor's 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 Capital Projects Fund Accounts shall be maintained in
interest -bearing accounts. The interest earned on each account, pursuant to Idaho
Code Section 67-8210(1) shall not be governed by Idaho Code Section 57-127,
shall be considered funds of each 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 fmancial 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, with 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 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.
SECTION 4:
ADVISORY COMMITTEE
4.1 Appointments: The members of the Advisory Committee shall henceforth be
appointed by the Board of Commissioners of the Fire District for a term stated of at
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least one (1) year. Notice of these appointments shall be provided to the County Clerk
within seven (7) days of any such appointment.
SECTION 5
COVENANTS OF PERFORMANCE SPECIFIC TO THE FIRE DISTRICT
The Fire District shall at all times:
5.1 Abide by the terms and conditions required of the Fire District as set forth in the Ordinance
and any amendments to the same; and
5.2 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
5.3 Establish and maintain the Capital Projects Fund which is in accordance with the terms and
conditions of the Ordinance and the provisions of Idaho Code Section 67-8210 and any
amendment or recodification of the same; and
5.4 Pay the following costs:
5.4.1 Proportional costs associated with the Advisory Committee review of the Fire
District Capital Improvement Plan; and
5.4.2 Costs of drafting and publication of the Ordinance and any amendment or repeal of
the same as may be requested by the Fire District; and
5.4.3 Costs of drafting of this Agreement and any amendment or termination of the same
as may be requested by the Fire District; and
5.4.4 Costs associated with the Fire District's performance of this Agreement: and
5.4.5 Costs associated with an appeal of a claim of exemption; and
5.4.6 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
5.5 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 6
COVENANTS OF PERFORMANCE SPECIFIC TO THE CITY
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The City shall:
6.1 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
6.2 Maintain and staff the position of the City to manage and perform the duties and
responsibilities of the City as set forth in the Ordinance; and
6.3 Abide by the terms and conditions required of the City as set forth in the Ordinance 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
6.4 Remit all Fire District Impact Fees collected by the City to the Fire District for deposit in
the Capital Projects Fund in accordance with the terms and conditions of the Ordinance
and the provisions of Idaho Code Section 67-8210; and
6.5 Be solely responsible for the City's performance of the terms and conditions required of it
by the Ordinance and by this Agreement.
SECTION 7
ADMINISTRATIVE STAFFING
7.1 The administration and performance by the City of the Ordinance shall be under the
direction of the City Clerk.
7.2 The administration and performance by the Fire District of the Ordinance shall be under
the direction of the Fire District Administrator under the Ordinance.
SECTION 8
NOTICE AND DELIVERY OF DOCUMENTS
8.1 The contact information for purposes of notice to and/or the delivery of documents to the
City is as follows:
8.1.1 By mail or hand delivery addressed to:
City Hall
Attention City Clerk
216 E Park Street
McCall ID 83638
8.1.2 By scanning, attaching and e -mailing to: bwagner@mccall.id.us
8.2 The contact information for purposes of notice to and/or the delivery of documents to the
Fire District is as follows:
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Resolution 23-19 Approval of Intergovernmental Agreement with City of McCall
September 7, 2023
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8.2.1 By mail or hand delivery addressed to:
Fire Station No. 1
Attention: Administrator
201 Deinhard Ln,
McCall, ID 83638
8.2.2 By scanning, attaching and e -mailing to: garrett@mccalllfire.com
8.3 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 9
DELIVERY OF FIRE DISTRICT IMPACT FEES TO THE FIRE DISTRICT
9.1 Remittance of Fees to Fire District. Fire District Impact Fees collected by the City shall
be delivered to the Fire District quarterly.
SECTION 10
INDEMNIFICATION
10.1 To the extent permitted by law, the Fire District shall defend, indemnify, and hold the City,
its officers, agents, and employees harmless for all claims, losses, actions, damages,
judgments, costs, and expenses arising out of or in connection with any acts or omissions
of City 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 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 the Fire District
itself could be liable under state and federal statutes, regulations, common law, and other
law.
10.2 To the extent permitted by law, the City shall defend, indemnify, and hold the Fire District,
its officers, agents, subcontractors, and employees harmless for injuries to persons or
property resulting from the wrongful acts of the 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, the 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,
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burdens of proof, immunities, and limitations on damages to which City would be entitled
if the claims were asserted against City.
SECTION 11
TERM/AMENDMENT/TERMINATION
11.1 Term: This Agreement shall continue in force and effect perpetually from its execution
date unless terminated as provided in this section.
11.2 Amendment: An amendment may be proposed by either Party or as a result of an update
of the Capital Improvements Plan.
11.2.2 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.
11.2.3 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.
11.2.4 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.
11.2.5 An approved amended and restated Agreement shall be executed by the City
Council and the Fire District's Board of Commissioners.
11.3 Termination: This Agreement may only be terminated in accordance with the following
process:
11.3.1 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.
11.3.2 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.
11.3.3 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 Capital Projects Fund.
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SECTION 12
EFFECTIVE DATE
12.1 This Agreement is effective simultaneously with the effective date of the Ordinance.
SECTION 13
GENERAL PROVISIONS
13.1 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.
13.2 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.
13.3 Counterparts: This Agreement shall be executed by the Parties in two (2) counterparts,
and each such counterpart shall be deemed an "original."
13.4 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.
13.5 Choice of Law: This Agreement shall be governed and interpreted by the laws of the state
of Idaho.
13.6 Assignment: No Party may assign this Agreement or any interest therein.
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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 7 day of September, 2023.
DATED AND SIGNED September 8, 2023 1 11:57 AM MDT
CITY OF McCALL
—DoouSigned by:
�ltlx �L �
By:
ATTEST:
DoeuSigned by:
)(eV
By: rf.13013AD700114or...
BessieJo Wagner, City Clerk
By: City Council Resolution No. 23-19
xttxaur[4ru 4r ...
Robert S. Ciifes, Mayor
DATED AND SIGNED September 22, 2023 1 10:46 AM MDT
McCALL FIRE PROTECTION DISTRICT
DocuSigned by:
By:
N 4.1.
118s15Adruuuu4GC ..
Sadie Noah, Chairwoman/Commissioner
ATTEST:
DocuSigned by: f..1�,��.+.11�,l,� Efr".4."Pt JB" UOWr !3441444 IV...
Amanda Keaveny Fire District Office Administrator
By: Fire District Resolution No. 2023-7
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DocuSign Envelope ID AD571704-BC81-4DC1-95B3-11874B120200
APPENDIX 1
Notice of Contact Information Change
FROM:
TO:
DATE:
NOTICE IS HEREBY GIVEN, pursuant to Section of the City of McCa1UMcCa11
Fire Protection District Intergovernmental Agreement and Joint Powers Agreement for the
Collection and Expenditure of Development Impact Fees for Fire District Systems
Improvements [Idaho Code § 67-8204A], 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 Fire District
Address
City, State ZIP
Acknowledgement of Receipt by:
❑ U.S. Mail
❑ Hand Delivery
O Facsimile
O Email
for City or Fire District
Signature: Date
Printed Name:
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ATTORNEY REPRESENTATION ADDENDUM
It is here in this section disclosed that Wm. F. Gigray, III is the attorney for the McCall Fire
Protection District, and William F. Nichols and William L. Punkoney are the City Attorney for the
City of McCall. Wm. F. Gigray, William F. Nichols and William L. Punkoney are shareholders
and officers of the Firm of White, Peterson, Gigray & Nichols, P.A. Each Party has been advised
that they may consult independent counsel to review this Agreement. Given the nature of this
Agreement to affect a working relationship of the Parties for the establishment of development
impact fees by the City of McCall for the McCall Fire Protection District pursuant to I.C. § 67-
8204A, it has been affirmed by Wm. F. Gigray, III and William F. Nichols and William L.
Punkoney that each of them believes that his respective representation in this matter will not
adversely affect the relationship with the Parties to this Agreement and they both disclose that Rule
1.7 -Conflict of Interest: General Rule of the Idaho Rules of Professional Conduct provides:
RULE 1.7: CONFLICT OF INTEREST:
CURRENT CLIENTS
(a) Except as prosided in p:u I raph (b). A IAN%er .hall not
represent a client if the representation ins oh es a
concurrent conflict of interest. .\ concurrent conflict of
interest e:lsts if:
(1) the representation of one client will be directly
adsersr to another client: or
there is a significant risk that the representation of
one or more clients Nill tie material's limited bs the
lawyer's responsibilities to another client. a former
diced or a third person or the personal interests of
the lawyer. including famih and domestic
relationships.
Notwithstanding the etistcnce of a concurrent conflict of
interest under paragraph (a). a lawyer may represent a
diem if:
(b)
(2)
II I
1-'1
131
lal
Dated:
the lass ser reasonabh behests that the lass ser %sill be
able to proside competent and diligent reptescntatom
to each affected client;
the representation is not prohibited bs lass;
the representation does not insohe the assertion of a
claim b) one client against another client represented
hs the law'.er in the same litigation or other
proceeding before a tribunal; and
each affected client glses informed consent, confirmed
in writhe'. October 23, 2023
July 30, 2023 Dated: August , 2023
o'fr
By: Wm. F. Gigray, III
Docu$igned by: ^ /
[
SFFEC8B0880342E...
By: Willaim F. Nichols
Resolution 23-19 Approval of Intergovernmental Agreement with City of McCall
September 7, 2023
1 1:12 PM PDT October 23, 2023 1 11:04 AM MDT
Dated: August 2023
—DoeuSigned by:
Maio.* (,. f uukotwi
'-148B7E12440A499...
By: Willaim L. Punkoney
Page 15 of 18
DocuSign Envelope ID AD571704-BC81-4DC1-95B3-11874B1202C0
CONSENT TO REPRESENTATION
The City Council of the City of McCall and the Board of Commissioners of the McCall Fire
Protection District have both been advised of these facts and acknowledge that they consent in
writing to the continued representation of the McCall Fire Protection District by Wm. F. Gigray,
III and the City of McCall by Willaim F. Nichols and Willaim L. Punkoney in the drafting and
advice regarding this Agreement.
DATED AND SIGNED
September 8, 2023 1 11;570'x° MDT
Citycatlylicall
AL2A9eFzuFw n...
Robert}} }aS. Giles, Mayor
Att, s tjgnod by: ```01p11111q0
',I
.16.,(74.40/2 ••••.•••0,F NlcCgtt
Bessie o agner
o
*.
:°C, p•••.
DATED AND SIW4T�D
September 22, 20 '10246 AM MDT
2113.
McCall Fire Protection District
DocuSIgned by:
adie road, 8ihairperson
,. -ocu igned by:
s,rtVi,crt etAM-Jttj
uauur i4tq>,I5..
Amanda Keaveny, Secretary
Page 16 of 18
Resolution 23-19,Approval of Intergovernmental Agreement with City of McCall
September 7, 2023
DocuSign Envelope ID AD571704-BC81-4DC1-95B3-11874B1202C0
APPENDIX 1
Notice of Contact Information Change
FROM:
TO:
DATE:
NOTICE IS HEREBY GIVEN, pursuant to Section of the City of McCall/McCall Fire
Protection District Intergovernmental Agreement and Joint Powers Agreement for the Collection
and Expenditure of Development Impact Fees for Fire District Systems Improvements [Idaho Code
§ 67-8204A1, 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 Fire District
Address
City, State ZIP
❑ U.S. Mail
❑ Hand Delivery
O Facsimile
❑ Email
for City or Fire District
Acknowledgement of Receipt by:
Name/Signature: Date:
Page 17 of 18
Resolution 23-19 Approval of Intergovernmental Agreement with City of McCall
September 7, 2023
DocuSign Envelope ID: AD571704-BC81-4DC1-95B3-11874B1202C0
CITY OF MCCALL
VALLEY COUNTY, STATE OF IDAHO
Certification of Resolution 23-19
STATE OF IDAHO )
. ss.
County of Valley )
I certify that this is a true and correct copy of Resolution 23-19, an original record of the
City of McCall, in the possession of Bessie Jo Wagner, City Clerk of the City of McCall.
Dated: ej.eisTtyVI loor , .aC a.3
LORI A WILKINS
NOTARY PUBLIC - STATE OF IDAHO
COMMISSION NUMBER 20220789
MY COMMISSION EXPIRES 3-1-2028
[seal]
Signature of Notary Public
My commission expires: ✓ " % --..20 f
Page 18 of 18
Resolution 23-19 Approval of Intergovernmental Agreement with City of McCall
September 7, 2023