CON0000340 - 3/15/2012 - Interlocal Agreement School Impact Fees
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INTERLOCAL AGREEMENT FOR THE COLLECT ION, DISTRUBTION,
AND EXPENDITURE OF SCHOOL IMPACT FEES
THIS AGREEMENT is entered into this J2 day of ~2012, by and between the City of
Camas (the "City") and the Camas, Evergreen, and Washougal School Districts (the "Districts").
WHEREAS, the Washington State Legislature passed the Growth Management Act of 1990 and
1991, R.C.W. 36.70A, et seq . and R.C.W. 82.02, et seq . (the "GMA"), which authorizes the collection of
impact fees on development activity to provide public school facilities to serve new development; and
WHEREAS, the GMA requires that impact fees may only be collected for public facilities which
are addressed by a capital facilities element of a comprehensive land use plan; and
WHEREAS, the City has adopted an ordinance for the purposes of implementing the GMA for the
collection of school impact fees; and
WHEREAS, the Districts have prepared capital facilities plans in compliance with the GMA and
the City School Impact Fee Ordinance, codified in Chapter 3.88 of the Camas Municipal Code, and the
City has adopted the Districts' capital facilities plans as a sub element of the City's Comprehensive Plan.
WHEREAS, upon adoption of the Districts' Capital Facilities Plans as a sub element of the cap ital
facilities element ofthe City's Comprehensive Plan , the City will collect impact fees upon certain new
residential developments on behalf of the Districts; and
WHEREAS, the City and the Districts enter into this Agreement pursuant to and in accordance
with the State lnterlocal Cooperation Act, Chapter 39.34 R.C.W ., for the purposes of administering and
distributing the authorized school impact fees,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL POMISES HERIN , IT IS AGREED THAT:
1. General Agreement. The City and the Districts agree to comply with the terms of this Agreement
which govern the collection, distribution, and expenditure of school impact fees .
2. Responsibilities of the Districts. The Districts, by and through their employees, agents and
representatives, agree to:
2.1. Submit at least every four yea rs to the City a six-year capital facilities plan or an update of a
previously adopted plan wh ich m eets the requirem ents of the Act and the City School Im pact
Fe e Ordinance (Chapt er 3.88 of the Camas Municipal Code).
2.2. Authorize the County, as Treasurerfor the Districts, to establish a Distri ct Impact Fee fund for
each District as a subfund of the Districts' Capital Projects Funds in wh ich i mpact fee revenues
and interest revenues will be deposited.
2.3. Exp end impact f ee revenu es provid ed to the Di st r icts und er t hi s Agr ee m en t , and all i nt erest
proceeds on such revenues, solely for expenditures authorized by the City School Impact Fee
INTE R LOCA L AG REE M ENT FOR TH E COLLECTION,
DISTRI BUTION, A ND EX PENDITU RE OF SCHOOL IMPACT FE ES
. .
Ordinance related to facilities identified in the District's Capital Facilities Plans as adopted by
the City as sub element of the capital facilities element of the City's Comprehensive Plan.
2.4.Submit documentation in accordance with the requirements of R.C.W. 82.020.070 showing the
system improvements that were financed in whole or in part by impact fees and the amount of
funds expended. Each District's annual report shall be sent to City Hall, Camas, Washington on
or before December 1 each year for the preceding fiscal year.
2.5. Refund impact fees and interest earned on impact fees which have been disbursed to the
Districts' Capital Projects Funds when a refund is required under applicable law; including but
not limited to (1) when the proposed development activity does not proceed and no impact to
the Districts has resulted, unless the Districts determine that they have expended or
encumbered the fees in good faith prior to the application for a refund, (2) when the impact
fees or interest earned on impact fees are not expended or encumbered within the time limits
established by law, or (3) when the school impact fee program is terminated.
2.6. Maintain all accounts and records necessary to ensure proper accounting for all impact fee
funds and compliance with this Agreement, the Act, and the City School Impact Fee Ordinance.
3. Responsibilities of the Citv. The City, by and through its employees, agents, and representatives,
agrees to:
3.1. Timely review and take action of the Districts' updated Capital Facilities Plans and revised
impact fee schedule for the Districts.
3.2. Deposit all impact fees collected on behalf of the Districts in a City Fund with specific
organizational identity for each District. Funds received by the City Building Department and
attributed to impact fees shall not be available for transfer to the Districts before the issuance
of a building permit and full payment of the impact fees has been made.
3.3. Distribute reports monthly to the Districts on the amount of impact fees collected, the person or
entity that paid the fees and the address of the property assessed the impact fee.
3.4. Remit from the City's Fund to the County Treasurer on a monthly basis along with details of
collected impact fees.
3.5. Determine whether exemptions from the payment of impact fees should be made pursuant to
the City School Impact Fee Ordinance, giving consideration to information submitted by the
affected District.
3.6. Cooperate with the Districts and assist the Districts in determining student generation factors of
new development and/or other geographic and development information.
4. General Terms.
4.1. This Agreement shall become effective when executed by both parties and shall remain in effect
until terminated pursuant to Section 5 of this Agreement.
INTERLOCALAGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF SCHOOL IMPACT FEES
_, .
4.2.1t is recognized that amendments to this Agreement may become necessary, and such
amendment shall become effective only when the parties have executed a written addendum
to this Agreement.
5. Termination.
5.1. The obligation to collect impact fees under this Agreement may be terminated without cause by
the City or one or more of the participating Districts, in whole or in part, provided termination
of the agreement is not inconsistent with actions that are required under the School Impact Fee
Ordinance or other applicable state laws that require development to mitigate its impacts on
schools. Obligations under this Agreement shall remain in effect until both of the following
conditions have been satisfied: (1) the City or the District that is terminating its participation
provide written notice that this Agreement is being terminated; and {2) neither the District nor
the City on behalf of the District retain unexpended or unencumbered impact fees and interest
earned thereon. If one District terminates its participation in this Agreement and the School
Impact Fee Program, it shall not affect the rights and obligations of the other districts.
5.2. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or by law that any party may have in the event that the obligations, terms, and conditions set
forth in this Agreement are breached by another party.
6. Severability. In the event any term or condition of this Agreement or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications of this Agreement which can be given effect without the invalid terms, condition or
application. To this end the terms and conditions of this Agreement are declared severable.
7. Nondiscrimination. None of the parties will engage in discrimination on the basis of race, religion,
color, sex, age, sexual orientation, handicap, military status or national origin.
8. Rights to Other Parties. It is understood and agreed that this Agreement is solely for the benefit of
the parties hereto and conveys no right to any other party.
9. Governing Law and Filing. This Agreement shall be construed and enforced in accordance with, and
the validity and performance hereof shall be governed by, the laws of the State of Washington. This
Agreement shall be filed with the Districts, the Camas City Clerk and the Clark County Auditor.
10. Administration.
10.1. The City's representative shall be:
City Clerk
616 NE Fourth Avenue
Camas, WA 98607
(360) 834-2462
10.2. The Districts' representatives shall be:
Superintendent/ Camas School District
841 NE 22"d Avenue
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF SCHOOL IMPACT FEES
Camas, WA 98607
(360) 335.3000
Superintendent/ Evergreen School District
PO Box 8910
Vancouver, WA 98668
(360} 604.4000
Superintendent/ Washougal School District
4855 Evergreen Way
Washougal, WA 98671
(360} 954.3000
11. Entire Agreement/ Waiver of Default. The parties agree this Agreement is the complete expression
ofthe terms hereto and any oral representation or understandings not incorporated herein are
excluded. All parties recognize that time is of the essence in the performance of the provisions of
this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of this Agreement shall not be deemed to be waiver of
any other or subsequent breach and shall not be construed to be a modification of the terms of the
Agreement unless stated to be such through written approval by the City and the Districts, which
shall be attached to the original Agreement.
12. Indemnification. The School Districts recognize that the City has certain requirements under RCW
82.02, and the School Districts agree they will cooperate fully with the City so that full compliance
with RCW 82.02 can be rendered in a timely fashion and in accordance with that statute. Both
parties agree they will protect, save, and hold harmless the other party, and its officers, agents, and
employees from all claims, actions, costs, damages, or expenses of any nature whatsoever, arising as
a result of the parties' performance under this Agreement, and caused by the indemnifying party's
negligent acts or omissions, or the negligent acts or omissions of the indemnifying party's assigns,
agents, contractors, licensees, officers or employees. The obligations in this section shall not apply
to claims, costs, damages, or expenses which may be caused by the sole negligence of another party
or its authorized agents and employees; PROVIDED further, that if the claims or damages are caused
by or result from the concurrent negligence of more than one party and their agents or employees,
this indemnity provision shall be valid and enforceable only to the extent of the other's concurrent
negligence.
13. Administrative Appeals. The School Districts shall assist the City and participate in any
administrative appeal filed under the School Impact Fee Ordinance challenging the imposition of a
school impact fee, the amount of said fee, whether an exemption should be granted or the amount
of any school impact fee credit.
No liability shall attach to the Districts or the City by reason of entering into this agreement as
expressly provided herein.
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF SCHOOL IMPACT FEES
' ....
IC DATED this __,. ...... ~..e._-day of ~ , 2012.
EVERGREEN SCHOOL DISTRICT
a quasi-municipal corporation
INTERLOCAL AGREEMENT FOR THE COLLECTION,
DISTRIBUTION, AND EXPENDITURE OF SC HOOL IMPACT FEES
CAMAS SCHOOL DISTRICT
Superintendent
WASHOUGAL SCHOOL DISTRICT
a quasi-municipal corporation