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HomeMy WebLinkAbout2009-170 IGA - Ashland School District INTERGOVERNMENTAL AGREEMENT FOR CITY WATER SERVICE ~ ~ This Agreement is made and entered into this day of . 2009 by and between ASHLAND SCHOOL DISTRICT o. 5, hereinafter r ferred to as "School District," and THE CITY OF ASHLAND, an Oregon municipal corporation, hereinafter referred to as "Ashland." RECITALS A. ORS 190.010 permits units of local government to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has authority to perform; and B School District owns property outside the city limits of the City of Ashland (hereinafter WILLOW WIND COMMUNITY LEARNING CENTER) more particularly described and shown in Exhibit A attached hereto and made a part hereof by this reference; and B. School District desires to connect to City's water supply to service the above-referenced property for both potable water and fire protection purposes; and C. The City of Ashland is authorized to provide such service connection after findings as established in Resolution 97-27are made and after compliance with all terms and conditions of that resolution; and D. The City finds and determines that the service connection is consistent with Res. 97-27 because the connection is to service another governmental entity as contemplated in Section 2 B; an d E. The City finds and determines that the Council has previously found this extension consistent with City Code and approved this service extension on September 5, 2000 with conditions; NOW, THEREFORE, in consideration for the mutual covenants contained herein the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. RECITALS. The recitals set forth above .are true and correct and are incorporated herein by this reference. Intergovernmental Agreement for Water Service Page J of8 2. DURATION. [ORS 190.020(1)(e)]. The term of this Agreement shall commence and the agreement shall be effective after execution by both parties and shall expire on December 31. 2014. unless administratively extended in writing as provided ~ for herein. The School District SUR.erint,e~t m~y extend this Agreement, by five (5) c\~,*~years, by indicating in writing to .sa~1i Il;Tf'h'at an extension of the Agreement is jj..S pi'J sought under the same terms and conditions, of this Agreement. Provided however, ~ that the rates for water service shall always be those rates in effect when the service is provided, as those rates are periodically adjusted and set by Resolution or Order of the City. The extension shall be effective only upon receipt of a document from the City Administrator consenting to the extension under the same terms and conditions 3. FUNCTIONS OR ACTIVITIES. [ORS 190.020(1)]. a. The City of Ashland agrees to the following: Except as provided herein, the City of Ashland shall supply potable water to the School District Willow Wind Community Learning Center property under the same'sale and service terms and conditions as the City normally supplies water to customers outside the City of Ashland city limits. City shall supply a water meter at a location to be determined by City to measure the volume of water delivered to the property and School District shall pay for all water delivered to the property through such meter at those rates established by City for customers served outside City. b. The School District agrees to abide by all the terms and conditions of this agreement, including specifically following: 1. School District shall comply with all ordinances of City related to water service and use. City shall have the right to terminate service for failure to comply with such ordinances upon thirty days (30) days notice to School District. 11. Failure to pay for charges when due shall automatically become a lien upon the property. iii. A memorandum of this Agreement shall be recorded in the county deed records with the cost of recording to be paid by School District. iv. In the event buildings connected to the water system are subsequently replaced for any reason, the replacement building may continue to be connected to the water system of City as Intergovernmental Agreement for Water Service Page 2 of8 long as the use of the water system will not be increased as determined by the Director of Public Works. v. School District shall furnish to City a consent to the annexation of the premises and a deed restriction / covenant of unified control agreement preventing the partitioning or subdivision of the land prior to annexation to City. Said instruments shall be signed by the owners of record and notarized so that it may be recorded by City and binding on future owners of the premises. The cost of recording the deed restriction shall be paid by the School District. 4. PAYMENT. [ORS 190.020(1)(a)]. a. School District shall promptly pay City's water connection fee for connections outside the City and shall also pay applicable City System Development Charges as outlined herein. b. System Development Charges shall be paid in one payment. The payment is due and payable in the Office of the City Administrator at 5:00 p.m. on Decemberl6, 2009. SDC amounts are calculated in the normal manner depending upon the size of the meter needed to serve the school and barn building. For example, a two inch meter is approximately $26,333.00. A one and one-half inch meter is approximately $16,452. The actual meter size required is subject to approval of the City Public Works Director. c. Payment by School District for water provided to the Willow Wind Community Learning Center property shall be made upon receipt of utility billing by City. If the bill is not paid by the next billing date, a notice complying with the then- current regulations for utility notices shall be given stating that service will be disconnected if the bill is not paid by the date specified. 5. REVENUE. [ORS 190.020(1)(b)]. No revenues expected to be derived pursuant to this Agreement need to be apportioned between the parties. 6. PERSONNEL. [ORS 190.020(1)(c)]. No employees will be formally transferred pursuant to this Agreement. School District and City are subject employers under ORS Chapter 656, and shall procure and maintain current valid workers compensation insurance coverage for all subject workers throughout the period of this Intergovernmental Agreement for Water Service Page 3 of8 Agreement. This Agreement does not change the status of any employee, contractor or officer of the respective entities. 7. REAL OR PERSONAL PROPERTY. [ORS 190.020(1)(d)]. There shall be no transfer of title or possession to any real or personal property pursuant to this Agreement. 8. TERMINATION. [190.020(1)(f)]. a. This Agreement may be terminated by mutual consent by both parties; or by either party upon a default upon notice in writing and delivered by certified mail or personal service. In the event of termination of the Agreement, School District County shall pay for all services rendered by the City of Ashland to the date of termination. Such termination shall be without prejudice to any obligations or liabilities of either party accrued prior to such termination. b. There shall be a default under this Agreement if either party fails to perform any act or obligation required of that party by this Agreement. Before declaring a default, the party claiming a failure has occurred shall give written notice to the other party specifying the nature of the breach with reasonable particularity. No default shall occur if the breach is remedied with ten (10) days after the notice is given. c. If the breach specified in the notice is of such a nature that a remedy cannot be completely performed within the ten-day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. d. If substantially the same breach for which notice was given recurs within six (6) months, the party injured by such breach may declare a default by giving written notice to the other party specifying the nature of the breach. e. In addition to the remedies specified elsewhere in this Agreement, if a default occurs, the party damaged by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. Intergovernmental Agreement for Water Service Page 4 of8 9. HOLD HARMLESS.! DISCLAIMER a. Ouantity and Pressure of Water. No liability shall accrue against City arising by reason of shortages in the quantity of water available, lack of water pressure, or interruptions in water deliveries to School District for any reason including, but not limited to accidents or failure of City facilities or supply or from any cause beyond City's control including, without limitation, war or acts of God. b. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, School District shall hold harmless, defend and indemnify the City of Ashland from any and all claims, demands, damages or injuries, liability of damage that anyone may have or assert by reason of the any error, act or omission of City of Ashland, its officers, agents and employees in the performance of their duties under the terms of this Agreement. It is further agrees and understood that neither party is, by virtue of this Agreement, a partner or joint venturing with the other party and neither party shall have any obligation with respect to the other party's debts or liabilities of whatever kind or nature. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 10. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS, AND MAKING PAYMENTS. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills, and payments sent by mail should be addressed as follows: City of Ashland Attn: Martha Bennett City Administrator 20 East Main Street Ashland, Oregon 97520 Phone: 541-488-2100 Fax: 541-552-2092 School District Attn: Intergovernmental Agreement for Water Service Page 5 of8 Phone: and when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made to the names and addresses of the person to whom notices, bills, and payments are to be given by providing notice pursuant to this paragraph. 11. NON-DISCRIMINATION. Each party agrees that no person shall, on the grounds of race, color, creed, national origin, sex, marital status, or age, suffer discrimination in the performance of this agreement when employed by either party. Each party agrees to comply with Title VI of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101- 336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 12. ATTORNEY FEES. In the event an action, lawsuit or proceeding, including appeal there from, is brought for failure to fulfill or comply with any of the terms of this agreement, each party shall be responsible for their own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 13. NO WAIVER. The failure by any party to enforce any provision of this Agreement shall not constitute a waiver by that party of that provision or of any other provision of this Agreement. 14. SEVERABILITY. Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invalidate any of the other provisions of this Agreement which shall remain in full force and effect. 15. HEADINGS.. The headings of this Agreement are for convenience only and shall not be used to construe or interpret any provisions of this Agreement. 16. APPLICABLE LAW. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon. Intergovernmental Agreement for Water Service Page 6 of 8 .' 17. ASSIGNMENT/DELEGATION.. Ashland shall not delegate the responsibility for providing services hereunder to any other individual or agency. Neither this Agreement nor any of the rights granted by this Agreement may be assigned or transferred by either party. 18. MERGER. This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 19. BINDING EFFECT. The terms of this Agreement shall be binding upon and inure to the benefit of each of the parties and each of their respective administrators, agents, representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in two (2) duplicate originals, either as individuals, or by their officers, thereunto duly authorized. Dated this J3 day of ~/~ ,2009. School District No.5, Ashland, Oregon Dated this j3 of tiu91Mi, 2009 (/ .~ City of Ashland, Oregon Intergovernmental Agreement for Water Service Page 7 of8 " " lr By: JO N STROMBERG, MAYO' City of Ashland Approved as to Form: Intergovernmental Agreement for Water Service Page 8 of8 ASHLAND PUBLIC SCHOOLS BOARD OF DIRECTORS o JULI DI CHIRO Superintendent RUTH ALEXANDER CAROL DA VIS KEITH MASSIE HEIDI PARKER EVA SKURATOWICZ JILL TURNER Business Manager SAMUEL BOGDANOVE Director of Student Services Inspiring Learning for Life August 26, 2009 Richard Appicello City Attorney City of Ashland 20 E Main Street Ashland, OR 97520 Dear Richard, Attached please find the corrected and initialea Intergovernmental Agreement for the Willow Wind Learning Center that we discussed via e-mail. Please initial and send back to the Ashland School ~istrict. Sincerely, ~ Susanne Murphy Accounting Assistant ADMINISTRATION BUILDING 885 SISKIYOU BOULEVARD ASHLAND, OREGON 97520 541-482-2811 FAX 541-482-2185