HomeMy WebLinkAbout2009-170 IGA - Ashland School District
INTERGOVERNMENTAL AGREEMENT
FOR CITY WATER SERVICE
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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