Mou/Moa - 2017 - Temporary Parking Lot / Tricity Meat Property - 6/13/2017EXHIBIT A
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EAGLE AND THE EAGLE URBAN RENEWAL AGENCY
AMENDMENT 6.6.2017
THIS AGREEMENT to amend the MEMORANDUM OF UNDERSTANDING dated
July 7, 2015 is made by and between the City of Eagle, an Idaho municipal corporation ("City")
and the Eagle Urban Renewal Agency, an independent public body corporate and politic of the
State of Idaho ("Agency") ("MOU").
RECITALS
A. The City and the Agency entered into the MOU to provide certain services to the
Agency some of which included maintenance of the property leased by the Agency but owned by
Tri -City Meats;
B. Agency no longer leases the property from Tri -City Meats and those provisions of
the MOU related to the maintenance and use of said property are no longer applicable or
necessary;
C. Agency and City desire to amend their MOU to delete the portions of the MOU
relating to the property owned by Tri -City Meats and previously leased by the Agency as noted
below;
D. City and Agency desire to enter into this Agreement to amend the MOU on the
terms set forth herein.
NOW, THEREFORE, it is understood between City and Agency that the MOU shall be
amended as follows:
1. Section 2.2 Tri -City Meats Property Maintenance Services shall be deleted in its
entirety.
2. Section 3 Duties of Agency shall be deleted in its entirety.
3. Section 4.2 Tri -City Meats Property Maintenance Services shall be deleted in its
entirety.
All other terms of the MOU are to remain in effect. This Agreement shall be effective
the 6th day of June 2017
RESOLUTION NO. 17-005 Amendment to MOU with City of Eagle - Page 4
CITY OF EAGLE
By:
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Date: 643 -11 -
EAGLE
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EAGLE URBAN RENEWAL AGENCY
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ATTEST: ATTEST:
Sharon K. Bergmann Ellen Smith
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Secretary
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RESOLUTION NO. 17-005 Amendment to MOU with City of Eagle - Page 5
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EAGLE AND THE EAGLE URBAN RENEWAL AGENCY
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is effective on the date last
executed below by and between the City of Eagle, an Idaho municipal corporation ("City") and
the Eagle Urban Renewal Agency, an independent public body corporate and politic of the State
of Idaho ("Agency").
RECITALS
A. City is a duly organized and existing municipal corporation of the State of Idaho,
and is authorized to enter into this MOU pursuant to Idaho Code §§50-301 and 50-2015.
B. Agency is an independent public body corporate and politic, organized and
existing pursuant to Idaho Code §50-2001 et seq. (the "Idaho Urban Renewal Law").
C. Agency has engaged in, and will be engaging in, planning, redevelopment and
related activities pursuant to its powers under the Idaho Urban Renewal Law.
D. City has experience in the provision of administrative services for local
governments and desires, pursuant to Idaho Code §50-2015, to assist Agency in the planning and
carrying out of urban renewal plans and projects by providing certain administrative services
necessary and proper for carrying out the Agency's functions.
E. Pursuant to Idaho Code §§50-2007(f) and 50-2015, City and Agency are
authorized and empowered to enter into such contracts as may be necessary to carry out the
purposes of the Idaho Urban Renewal Law, including contracts for the furnishing of
administrative services by City to Agency.
F. City and Agency desire to enter into this MOU, on the terms set forth herein.
NOW, THEREFORE, it is understood between City and Agency as follows:
1. Term and Termination. The term of this MOU shall begin on June , 2015
and run through September 30, 2015 unless earlier terminated as provided herein. On October 1
of 2015 this MOU will automatically renew for a successive one year term unless either party
provides written notice to the other prior to October 1 of the particular year that they do not
desire to renew this MOU. On October 1 of each subsequent year, if this MOU is not otherwise
terminated or no notice of non -renewal has been provided, this CONTRACT will automatically
be renewed for successive one year terms through September 30, 2020. These automatic renewal
provisions notwithstanding, this MOU may be otherwise terminated in accordance with its terms.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF EAGLE AND THE EAGLE URBAN RENEWAL AGENCY
Page 1 of 4
minutes. Postage shall be billed at the actual costs to the City. Copies are billed at $.10 per
page b/w and $.25 per page for color copies.
4.2 Tri -City Meats Property Maintenance Services. Agency shall reimburse
City for all reasonable costs incurred by City in providing the services pursuant to section 2.2 of
this MOU, including but not limited to: staff time, fees or costs related to City's equipment and
vehicles, costs of trash containers, etc., and any services performed by contractors of the City.
Reimbursement for staff time shall be at the hourly rate of the staff person providing the service,
plus an overhead fee of thirty percent (30%) with a minimum billable increment of fifteen (15)
minutes. Reimbursement for services performed by City contractors shall be at the rate charged
to the City by said contractor(s).
4.3 Maintenance Services for ACRD Right -of -Way Adjacent to Goldman
Property. Agency shall reimburse City for all reasonable costs incurred by City in providing
services pursuant to section 2.3 of this MOU, including services performed by Summer Lawns
pursuant to its contract with City. Reimbursement for staff time shall be at the hourly rate of the
staff person providing the service, plus an overhead fee of thirty (30%) with a minimum billable
increment of fifteen (15) minutes. Reimbursement for services performed by City contractors
shall be at the rate charged to the City by said contractor(s).
5. Insurance. City shall provide workers compensation coverage for subject
employees providing service under this MOU, and shall maintain in force general liability
insurance in amounts not less than the tort claim limitations of the Idaho Tort Claims Act.
6. Indemnification. City agrees to hold the Agency harmless from all claims, suits
or actions of whatever nature that arise out of or result from negligent or intentional acts of
City's officials, employees, and agents relating to City's use of the Tri -City Meats Property as
described in paragraph 3 of this MOU.
7. Waiver. No provision of this MOU may be waived except in writing by the party
waiving compliance. No wavier of any provision of this MOU shall constitute waiver of any
other provision, whether similar or not, nor shall any one waiver constitute a continuing waiver.
Failure to enforce any provision of this MOU shall not operate as a waiver of such provision or
any other provision.
8. Modification. This MOU may not be altered, modified, supplemented, or
amended in any manner whatsoever except by mutual agreement of the parties in writing. Any
such alteration, modification, supplementation, or amendment, if made, shall be effective only in
the specific instance and for the specific purpose given, and shall be valid and binding only if
signed by the parties.
9. Severability. The parties agree that if any term or provision of this MOU is
declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity
of the remaining terms and provisions shall not be affected, and the rights and obligations of the
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF EAGLE AND THE EAGLE URBAN RENEWAL AGENCY
Page 3 of 4
parties shall be construed and enforced as if the MOU did not contain the particular term or
provision to be held invalid.
10. Entire Agreement. This MOU sets forth the entire understanding between the
parties with respect to the subject matter hereof, and supersedes any and all prior understandings
and agreements, whether written or oral, between the parties with respect to such subject matter.
1 1 . Authority to Execute. The parties represent and warrant that they are authorized
to execute this MOU on behalf of the parties indicated below.
CITY OF EAGLE
ames D. Reynol a s, ayor
Date: 6-.21.5-15
ATTEST:
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Sharon K. Bergmsnn
City Clerk/Treasu"
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EAGLE URBAN RENEWAL AGENCY
By:
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Date: )% 7%f S
ATTEST:
$ Lindse tty Weasel
Secretary/Treasurer
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF EAGLE AND THE EAGLE URBAN RENEWAL AGENCY
Page 4 of 4
EAGLE URBAN RENEWAL AGENCY
THE URBAN RENEWAL AGENCY OF THE CITY OF EAGLE
RESOLUTION NO. 17-005
BY THE BOARD OF COMMISSIONERS OF THE EAGLE URBAN RENEWAL
AGENCY OF EAGLE, IDAHO, A/K/A EURA:
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE EAGLE URBAN RENEWAL AGENCY OF EAGLE,
IDAHO, APPROVING THE AGREEMENT TO AMEND THE
MEMORANDUM OF UNDERSTANDING DATED JULY 7,
2015 ("MOU") BETWEEN THE EAGLE URBAN RENEWAL
AGENCY ("EURA") AND THE CITY OF EAGLE ("CITY") TO
DELETE CERTAIN PORTIONS OF THE MOU RELATED
TO THE PROPERTY FORMERLY LEASED BY THE EURA
FROM TRI -CITY MEATS; AUTHORIZING THE EXECUTION
OF THE AGREEMENT BY THE CHAIRMAN OR VICE-
CHAIRMAN AND SECRETARY; AUTHORIZING ANY
TECHNICAL CHANGES TO THE AGREEMENT;
AUTHORIZING THE CHAIRMAN AND EURA STAFF TO
TAKE ALL NECESSARY ACTION REQUIRED TO
IMPLEMENT THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth by the Eagle Urban
Renewal Agency of the City of Eagle, Idaho, an independent public body corporate and
politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, as
amended, Chapter 20, Title 50, Idaho Code, a duly created and functioning urban
renewal agency of the City of Eagle, Idaho, hereinafter referred to as the "EURA."
WHEREAS, the EURA, an independent public body, corporate and politic, is an
urban renewal agency created by and existing under the authority of and pursuant to
the 'Idaho Urban Renewal Law of 1965, being Idaho Code Title 50, Chapter 20, as
amended and supplemented, and the Local Economic Development Act of 1988, being
Idaho Code, Title 50, Chapter 29; as amended and supplemented (collectively the
"Act")
RESOLUTION NO. 17-005 Amendment to MOU with City of Eagle - Page 1
WHEREAS, the EURA was established by Resolution No. 06-50 of the City
Council of the City of Eagle, Idaho (hereinafter the "City Council"), adopted October 10,
2006;
WHEREAS, the City Council of the City of Eagle, Idaho (the "City"), on
December 11, 2007, after notice duly published, conducted a public hearing on the
Eagle Revitalization Plan (the "Revitalization Plan");
WHEREAS, following said public hearing the City adopted its Ordinance No. 592
on December 11, 2007, approving the Revitalization Plan and making certain findings;
WHEREAS, the EURA previously leased property from Tri -City Meats and
entered into the MOU with the City under which the City was to provide certain services
related to the leased property;
WHEREAS, the EURA no longer leases the applicable property from Tri -City
Meats and therefore some of the portions of the MOU that relate to the leased property
are no longer necessary;
WHEREAS, the Agreement to amend the MOU attached hereto as Exhibit A
("Agreement") reflects the desires of EURA and the above noted parties;
WHEREAS, in furtherance of the public purpose of EURA and its directives and
initiatives, the Board of Commissioners finds it in the best public interest to approve and
enter into the Agreement to amend the MOU in the form as attached hereto as Exhibit
A.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD
OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF EAGLE, IDAHO,
A/K/A THE EAGLE URBAN RENEWAL AGENCY, AS FOLLOWS:
Section 1: That the above statements are true and correct.
Section 2: That the Board confirms and authorizes the execution of the
Agreement to amend the MOU on the terms and conditions set
forth in the attached Exhibit A, and that this Agreement to amend
the MOU has been determined to be in the best interest of the
EURA.
Section 3: That the Chairman and Secretary of EURA are hereby authorized
to sign and enter into the Agreement.
Section 4: That the Chairman, Vice -Chairman, and Secretary of EURA are
hereby authorized to execute all necessary documents required to
RESOLUTION NO. 17-005 Amendment to MOU with City of Eagle - Page 2
implement the actions contemplated by the Agreement subject to
representations by EURA staff and legal counsel that all conditions
precedent to actions contemplated in the Agreement, and any
necessary technical changes to the Agreement, or other
documents, are acceptable upon advice from EURA's legal counsel
that said changes are consistent with the provisions of the
Agreement.
Section 5: That this resolution shall be in full force and effective immediately
upon its adoption and approval.
PASSED AND ADOPTED by the Eagle Urban Renewal Agency, of Eagle, Idaho,
on the 6th day of June 2017.
Signed by the Chairman of the Board of Commissioners, and attested by the
Secretary to the Board of Commissioners, on this 6th day of June 2017.
APPROVED:
By
C
ATTEST:
By ',1Qae--2--- .C7'77rZ
Secretary
RESOLUTION NO. 17-005 Amendment to MOU with City of Eagle - Page 3