Interagency Governmental Agreement with Western Ada School District for Waiver of Costs and FeesINTERAGENCY 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 day of
LGA UGC- , 2017, by and between West Ada School District; an Idaho school
district and tody 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, TIIEREFORE, 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 POWERSANCORPORATION 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 (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
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 2
Planned Unit Development
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 and main gyms, Paramount Elementary, Meridian
Academy, Willow Creek Elementary, and Victory Middle School.
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 3
2.3.2 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 Fees for summer camp sites, including Prospect Elementary, Siena
Elementary, Willow Creek Elementary, Discovery Elementary, and an additional site in
South Meridian to be determined, 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 Classroom fees for uses related to City Parks and Recreation
Activity Guide classes.
2.3.5 Other facility use fees as agreed upon in writing by the Parties.
2.4 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"
(hereinafter the "Joint Use Agreement") executed by the parties
contemporaneously herewith.
2.5 District to be Held Harmless for Damage Caused by Cily Use. Pursuant to the
Hold Harmless and Indemnity Agreement executed by the parties on January
27, 2015, 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 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 (the "Effective Date")
pursuant to Idaho Code § 67-2332.
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, 2026,
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
neither has terminated, the term of this Agreement, or such other terms as the parties have
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 4
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. 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 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 - 5
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:
LU&&ORA
Dr. M Ann Ranells Superintendent \�c
Y �(1 n
CITY OF MERIDIAN:
Tammy de erd, Mayor
Attest:
C4ay Co s, City Clerk
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 6