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HomeMy WebLinkAboutInteragency Governmental Agreement for Waiver of costs and fees with West Ada School District.pdfINTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this (D Mq day of N10YU)n ber, 2019, by and between West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho ("District") and the City of Meridian, an Idaho municipal corporation ("City"). RECITALS A. District is a Joint School District organized and operating pursuant to Idaho Code Title 33. B. City is a public entity organized and operating pursuant to Idaho Code Title 50. C. District and City serve largely the same constituencies, comprised of the same taxpayers. D. District and City each charge various fees for certain services that they provide. E. In furtherance of mutual partnerships, District and City desire to enter into a mutual fee waiver agreement whereby neither party may be obligated to pay certain specified fees or charges to the other. F. Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. G. District and City are both "taxing districts," as defined by Idaho Code § 63-201. H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither party shall be obligated to provide any fees or charges to the other during the term of this Agreement as further set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - I SECTION 1. PURPOSES AND POWERS/INCORPORATION OF RECITALS In accordance with Idaho Code § 67-2332, the purposes, powers, rights, and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above are incorporated into the body of this Agreement. SECTION 2. NO PAYMENT OF CERTAIN FEES 2.1 Certain Fees Waived. During the term of this Agreement, except as otherwise agreed in writing and signed by both parties, neither party shall be obligated to pay to the other the following enumerated fees and charges. 2.2 City Fees Waived. 2.2.1 City shall waive impact fees that would otherwise be assessed pursuant to Meridian City Code Title 10, Chapter 7. 2.2.2 City shall waive application fees for development applications submitted by District. 2.2.3 City shall waive fees for building permits submitted by District for which services are provided by City employees. City shall not waive fees for building permits submitted by District for which services are provided by independent contractors, which may include mechanical, electrical, plumbing and/or fire permits. 2.2.4 City shall waive fees for building and fire plan review services provided to District by City employees. City shall not waive fees for building and fire plan review services provided to District by independent contractors, which may include mechanical, electrical, plumbing and/or fire permits. 2.2.5 City shall not waive fees for any service related to utilities (e.g., water, sewer, reclaimed water, meters, assessments). 2.3 District Fees Waived. 2.3.1 District shall waive all gymnasium use fees at Meridian Middle School Wes Lowe Gym, Heritage Middle School practice and main gyms, Paramount Elementary, Meridian Academy, Willow Creels Elementary, Victory Middle School, and all elementary and middle schools built in Meridian city limits after the Effective Date of this Agreement. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES — 2 Meridian City Council Meeting Agenda November 6, 2019 — Page 357 of 610 2.3.2 District shall waive all auditorium use fees at Meridian Middle School, up to five (5) times per year, except for "hard costs" associated with wages of District personnel who would not otherwise be on site for the event. 2.3.3 District shall waive all fees for summer camp sites, including Prospect Elementary, Siena Elementary, Willow Creels Elementary, Discovery Elementary, and all future school sites that are mutually agreeable, with the exception of those times when the facilities are closed for maintenance in which case District shall provide a geographically suitable alternative site until such maintenance work is complete. 2.3.4 District shall waive all classroom fees for uses related to City Parks and Recreation Activity Guide classes. 2.3.5 District shall waive other facility use fees as agreed upon in writing by the Parties. 2A District to Provide City Certain Priority Uses. The City shall receive priority use at the school gymnasium facilities where fees are waived pursuant to the terms of the Memorandum of Agreement for Joint Use of Sports Facilities executed by the parties on January 24, 2017. 2.5 District to be Held Harmless for Damage Caused by City Use. The Hold Harmless and Indemnity Agreement executed by the parties on January 27, 2015 shall govern City's responsibility for any damage caused by City's use of District facilities under this Agreement. SECTION 3. EFFECTIVE DATE/TERM AND TERMINATION 3.1 Effective Date. This Agreement shall become effective upon the date upon which both parties' governing boards have authorized it pursuant to Idaho Code § 67-2332 ("Effective Date"). 3.2 Term and Termination. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2030, unless earlier extended or terminated as follows: Either party may terminate this Agreement upon sixty (60) days' written notice to the other, provided, however, that any Fees that would have been due and payable by the terminating party eighteen (18) months prior to the date of termination that were not owed due to the existence of this Agreement shall become immediately due and payable and paid on the date of termination of this Agreement. Subject to the foregoing, upon termination of this Agreement, neither party shall have further recourse hereunder except with respect to the payment of Fees as set forth in this Section 3.2. The term of this Agreement may be extended by written mutual agreement of District and City. If the parties fail to mutually extend this Agreement, and INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES — 3 Meridian City Council Meeting Agenda November 6, 2019 — Page 358 of 610 neither has terminated, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. SECTION 4. GENERAL PROVISIONS 4.1 Constitutional Debt Limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. 4.2 Attorney Fees. In the event of any controversy, claim, suit, proceeding or action being filed or instituted between the parties to enforce the terms and conditions of this Agreement, or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party will be that party who was awarded judgment as a result of trial or arbitration. 4.3 Choice of Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 4.4 Entire Agreement. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and supersedes all prior iterations of the covenants set forth herein. No party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. 4.5 Binding Agreement. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 4.6 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. 4.7 Waiver Acknowledgments and Modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by District and City. INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES — 4 Meridian City Council Meeting Agenda November 6, 2019 — Page 359 of 610 4.8 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. WEST ADA SCHOOL DISTRICT: hw Lk Dr. Ma Ann Ranells, Superintendent CITY OF MERIDIAN: Tammy de erd, Mayor GQ4,�Oyp,TED AUCGST.7 Attest: $ W Ch 's J son, City C k � p �+ city oe E IDIAN*--- `� IDAHO SEAL, i �Fy����(rde TAEASUO�'�P�� INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES — 5