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Home My WebLink About2000-159 Agrmt - Parks - School Dist 5CITY OF ASHLAND PARK AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 INTERGOVERNMENTAL AGREEMENT (SECOND RENEWAL) Agreement made this 1st day of July ,2000, between the City of Ashland, by and through the City of Ashland Park and Recreation Commission ("Park Commission"), and Ashland School Distdct #5 ("School District"). RECITALS: A. The Park Commission and School District entered into an intergovernmental agreement in 1994 and 1998 entitled "City of Ashland Park and Recreation Commission Ashland School Distdct #5 Intergovemmental Agreement" for the purpose of providing cultural and recreational activities for the citizens of Ashland. B. These intergovernmental agreements have been satisfactorily performed by both parties and the parties wish to continue the relationship, activities and funding established under those agreements. C. At the May 16, 2000, election the voters of the City of Ashland approved the Ashland Youth Activities Three-Year Operating Local Option Tax (further referred to in this agreement as "the levy"). The following agreement is intended to implement the manner and method of expenditures from the levy. Park Commission and School District agree: Except as specifically provided below, the terms and conditions of the first intergovernmental agreement are incorporated into this renewal agreement. 1. Youth Activities to be provided by School District: During the 2000-2001, 2001-2002 and 2002-2003 fiscal years, School District shall continue to provide the youth activity programs described in paragraph 2 for School District students and home school students or private school students meeting the eligibility requirements of the School District and furnish all personnel, equipment, materials and facilities required for the proper performance of such activities. The level of activities shall be commensurate with the 1999-2000 fiscal year activities. 2. Description of activities: 2.1. Elementary school programs including music, children's choir and strings, foreign language, intramurals and physical education. 2.2. Middle school cocurricular programs including, but not limited to, band, brain bowl, choir, drama, foreign language, intramurals, newspaper and yearbook, Odyssey of the Mind, orchestra and resident outdoor school. Middle school activities, designed to provide competitive contests for selected groups or individuals who are trained and PAGE 1 of 4 Intergovernmental Agreement (G:~egal~PAUL~School levy~.~:hoo12000 Iga 8-23-O0.wpd) coached to play games with similar teams or individuals from other schools: basketball, cross-country, football, track, volleyball and wrestling. 2.3. High school cocurricular programs including, but not limited to, band, choir, orchestra, newspaper and yearbook, debate, drama club, brain bowl, leadership, DF:CA, Natural Helper, FBLA, VICA, International Club, Math Club and Model UN. High school activities, designed to provide competitive contests for selected groups or individuals who are trained and coached to play games with similar teams or individuals from other schools included in Oregon School Activities Association sponsored events and competitions: baseball, basketball, cheerleading, cross-country, dance, football, golf, soccer, softball, statistician, swimming, tennis, track, volleyball and wrestling. Club sports will receive some assistance. 2.4. Maintenance of grounds and facilities related to the above programs. Provided, however, that no par[ of the sums specified in this paragraph shall be used for any portion of the above activities which are courses of study prescribed by statute or by the rules of the State Board of Education. Nor shall such funds be used for supplemental courses required by the School District Board pursuant to the authority granted to it in ORS 336.035. It is the intent of the parties that no par[ of the funds provided for the above programs and activities shall be used exclusively for educational services. In addition, the programs and activities funded by this agreement are to be primarily conducted by the School District outside of regular school hours and it is acknowledged that many of them are conducted off the school grounds. 3. Payment by Park Commission for Activities: 3.1. For the 2000-2001 fiscal year, City shall pay School Distdct for services performed, including costs and expenses, a sum not to exceed $1,527,000 in three payments as follows: 3.1.1. On February 1,2001, 50% of the total levy, less a sum not to exceed $119,000 for community activity programs provided to the general public and conducted by the Park Commission (further referred to in this second renewal agreement as the "commission fund"), Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District more than the actual amount received by the Park Commission from the levy prior to January 31, 2001, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.1.2. On March 1,2001, Park Commission shall pay 70% of the total levy less the commission fund and those sums previously paid to School District, but not more than the actual amount received by the Park Commission from the levy by March 1,2001, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. PAGF: 2 of 4 Intergovernmental Agreement (G:~JegaBPAUL~School lev3Aschao] 2000 iga 8-23-00.wpd) 3.1.3. On June 20, 2001, Park Commission shall pay 100% of the total levy less the commission fund and those sums previously paid to School District, but not more than the actual amount received by the Park Commission from the levy by June 20, 2001, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2. For the 2001-2002 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, all sums collected from the levy and budgeted for the Youth Activities Levy by the Park Commission, plus any carry-over from the previous fiscal year, in three payments as follows: 3.2.1. On January 31,2002, all sums received by the Park Commission from the levy as 'of this date, plus any carry-over from the previous fiscal year, less a sum for the commission fund not to exceed $119,000 for community activities. Notwithstanding the .previous sentence, Park Commission.shall not be required to pay to the School District any more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2.2. On March 1, 2002, Park Commission shall pay any additional sums received from the levy after January 31, 2002, but not more than the actual amount expended by the School Distdct for the activities and programs conducted under this agreement. 3.2.3. On June 20, 2002, Park Commission shall pay any additional sums received from the levy after March 1,2002, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3. For the 2002-2003 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, all sums collected from the levy and budgeted for the Youth Activities Levy by the Park Commission, plus any carry-over from the previous fiscal year, in three payments as follows: 3.3.1. On January 31,2003, all sums received by the Park Commission from the levy as of this date, plus any carry-over from the previous fiscal year, less a sum for the commission fund not to exceed $119,000 for community activities. Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3.2. On March 1,2003, Park Commission shall pay any additional sums received from the levy after January 31, 2003, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. PAGE 3 of 4 Intergovernmental Agreement (G:~egal~PAUL~School Jevy~school ~00 Iga 8-23-00.v4xl) 3.3.3. On June 20, 2003, Park Commission shall pay any additional sums received from the levy after March 1, 2003, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 4. Ballot Measure 47 'q'axpayer Protection Initiative (General Election, November 2000). Notwithstanding any other provision is this agreement, the Park Commission shall be under no obligation to pay any sums from the levy to the School District if Ballot Measure 47 (which is now certified for the the ballot as Measure 93), the 'q'axpayer Protection Initiative," is adopted by the voters at the General Election in November 2000 and, as a result of its adoption, the taxes collected from the levy are required to be refunded to the taxpayers or the levy is otherwise deemed invalid. ASHLAND SCHOOL DISTRICT NO. 5 CiTY OF ASHLAND Board Chair Catherine Shaw, Mayor CITY OF ASHLAND PARK AND RECREATION COMMISSION PAGE 4 of 4 Intergovernmental Agreement (G:~legal~PAUL~School levy~schoo12000 iga 8-23-00.wpd)