Agmt Joint School No 2 Costs and Fees WaiverINTERAGENCY 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 -5 day of %-ia,6, , 2013, by
and between the Joint School District No. 2, 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 certain specified
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 - 1
SECTION Io
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 Tenn (defined below) 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 specified fees, impact fees, charges, or any other types of expenditures
(each of the foregoing defined herein as a "Fee") for the services specified herein.
2.2 City Fees Waived.
2.2.1 Impact Fees that would otherwise be assessed pursuant to Meridian City
Code Title 10, Chapter 7 are waived.
2.2.2 Planning Administrative Review Application Fees waived:
Accessory Use
Alternative Compliance
Certificate of Zoning Compliance
Certificate of Zoning Compliance Verification
Conditional Use Permit Minor Modification
Design Review
Private Street
Property Boundary Adjustment
Time Extension (Director)
Vacation (non -Council)
2.2.3 Planning Fees for Commission & Council Review Applications waived:
Alternative Compliance
Annexation and Zoning
Comprehensive Plan Map Amendment
Comprehensive Plan Text Amendment
Conditional Use Permit
Conditional Use Permit Modification
Design Review
Development Agreement Modification
Final Plat
Final Plat Modification
Planned Unit Development
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2
Preliminary Plat
Private Street
Rezone
Short plat
Time Extension (Commission or Council)
UDC Text Amendment
Vacation (Council)
Variance
2.2.4 Certain percentages of Building and Trade Permit Fees waived.
The percentage of the fees specified below shall be waived under this agreement.
The portion of the fees that must be paid (not waived) represent hard cost amounts
paid by the City to its independent contractors for plan review and inspectors
70% of Building Permit Fees - (Inspection) are waived.
90% of Building Official Fees — (Building Official Services), are waived.
27% of Commercial Fire Code Plan Review Fees are waived.
27% of Cooking hood fire extinguishing systems permit fees are waived.
27% of Commercial Fire Alarm Systems permit fees are waived.
27% of Commercial Fire Sprinkler Systems permit fees are waived.
27% of Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels
and Upgrades permit fees are waived.
27% of Underground Tank Installations permit fees are waived.
27% of Hazardous Material Storage Review & Inspection permit fees are waived.
27% of High Pile Combustible Storage Review & Inspection permit fees are
waived.
35% of Mechanical Permit Fees - (Plan Review & Inspection) are waived.
35% of Electrical Permit Fees - (Plan Review & Inspection) are waived.
40% of Plumbing Permit Fees - (Plan Review & Inspection) are waived.
Other City "hard costs" for services are not waived under this agreement. These
costs include but are not limited to utilities (water, sewer, reclaimed water), and
the cost of providing utility meters.
2.3 District Fees Waived:
2.3.1 Gymnasium use fees at Meridian Middle School Wes Lowe Gym,
Heritage Middle School practice gym, Paramount Elementary Gym, and Meridian Academy
Gym.
2.3.2 Gymnasium use fees for new construction gyms at Willow Creek
Elementary and Stoddard Middle School ("main gymnasium" at Stoddard or at Heritage).
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3
2.3.3 Auditorium use fees at Meridian Middle School, up to five (5) times per
year, except for "hard costs" associated with wage costs of District personnel who would not
otherwise be on site for the event.
2.3.4 Fees for two summer camp sites, one in North Meridian, at Prospect
Elementary, and one in South Meridian at Sienna K-8, 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.
2.3.5 Classroom fees for uses related to City Parks and Recreation Activity
Guide classes.
2.3.6 Other facility use fees as agreed upon in writing by the Parties.
2.4 District to Provide City Certain PriorityUses. 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" (hereinafter the
"Joint Use Agreement") executed by the parties on the 9th day of November, 2010.
The Joint Use Agreement shall be amended to reflect the priority uses at the New
Construction Gymnasiums as set forth in Section 2.3 of this Agreement.
2.5 District to be Held Harmless for Damage Caused by City Use. Pursuant to the Hold
Harmless and Indemnity Agreement executed by the parties in August, 2007, City
shall be responsible for any damage caused by City's use of District facilities under
this Agreement. A copy of the Hold Harmless and Indemnity Agreement is attached
hereto as Exhibit A.
SECTION 30
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 (the "Effective Date") pursuant to Idaho Code
§ 67-2332.
3.2 Term and Termination. The term of this Agreement shall be five (5) years (the
"Term") after the Effective Date unless it is terminated earlier 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.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4
SECUON 4.
GENERAL FROVMIONS
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 parry 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 and the exhibits hereto constitute the full and
entire understanding and agreement between the parties with regard to the transaction
contemplated herein, and 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.
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.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS ANIS FEES - 5
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.
City:
CITY OF MERIDIAN
By: Tamm eerd
Its: Mayo
ATTEST:
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by: Jayc L. Holman
Its: City Clerk
District:
Joint Scho s iq No. 2
By: r. inda Clark, Superintendent
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INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 6