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Home My WebLink About1994-080 Agrmt - School Dist 5,31TY OF ASHLAND PARK AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 INTERGOVERNMENTAL AGREEMENT Agreement made this /~ 7~ day of z~t~_~, 1994, between the City of Ashland, by and through the City of Ashland Park arid Recreation Commission ("Park Commission"), and Ashland School District #5 ("School District"). RECITALS: A. The Park Commission has the authority to provide cultural and recreational activities for the people of Ashland and vicinity (AMC 2.16.030); B. The School District may permit the use of school buildings and grounds by residents of the district for civic and recreational purposes, including supervised recreational activities and meeting places for discussion of all subjects and questions which in the judgment of the residents may relate to the educational, political, economic, artistic and moral interests of the residents (ORS 332.172); C. School District has the facilities, staff and experience to provide certain cultural and recreational activities for the people of Ashland and vicinity. D. Park Commission desires to utilize the facilities and staff of the School District to provide such activities and the School District agrees to so provide. E. Both parties have the authority to reorganize in a manner to better serve the public in a time when resources are limited and programs are being eliminated. F. Park Commission and School District have entered into several other intergovernmental agreements to better serve the public more efficiently and effectively and through this agreement desire to effectively and efficiently provide continuity of services to the community which is in the public interest. Park Commission and School District agree: 1. Youth Activities to be provided by School District: During the 1994-95, 1995-96 and 1996-97 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 1993-1994 fiscal year activities unless the amounts listed in the last column in paragraph 2 are less than the amounts budgeted for such activities by School District in the 1993-1994 fiscal year. As used in the previous sentence, the phrase "amounts budgeted for" includes those sums contributed to the School District by individuals or groups such as the Ashland Schools Foundation and Ashland Booster Club for the PAGE I of 6 INTERGOVERNMENTAL AGREEMENT (p:.chool~$ch-park.iga)(February 1. 1994) activities listed. Other than the total sum in the last column, sums allocated in the last column are approximate and may vary by ten percent as determined by the School District. 1994-1995 2. Description of activity allocation 2.1. Elementary school programs such as music, $16,805.00 including children's choir and strings and intramurals or similar programs. 2.2. Middle school cocurricular programs consisting of $ 39,718.00 band, brain bowl, choir, drama, newspaper and yearbook, orchestra and resident outdoor school. 2.3. The following activities at the middle school level, $119,414.00 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: basketball; cross-country; football; track; volleyball and wrestling. 2.4. High school cocurricular programs consisting of $ 67,322.00 the band, choir, orchestra, newspaper and yearbook, debate, drama club, brain bowl, leadership, DECA, Natural Helper, FBLA, VICA, International Club and Math Club. 2.5. The following activities at the high school level, $374,516.00 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 including Oregon School Activities Association sponsored events and competitions: baseball; basketball; cheerleading; cross- country; football; golf; soccer; softball; swimming; tennis; track; volleyball and wrestling. 2.6. Maintenance of grounds and facilities related to the $230,448.00 above programs. TOTAL: $848,223.00 Provided, however, that no part 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 part 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 PAGE 2 of 6 INTERGOVERNMENTAL AGREEMENT {p:school\sch-park.igaHFebruary 1, 1994) 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 1994-95 fiscal year, City shall pay School District for services performed, including costs and expenses, a sum not to exceed $848,223 in three payments as follows: 3.1.1. On December 1, 1994, 50% of the total levy, less a sum not to exceed $25,000 for community activities as more particularly described in paragraph 6 (further referred to in this 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 December 1, 1994, 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, 1995, 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, 1994, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.1.3. On June 20, 1995, 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, 1995, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2. For the 1995-96 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, a sum not to exceed $890,634 in three payments as follows: 3.2.1. On December 1, 1995, 50% of the total levy, less a sum not to exceed $27,500 for community activities as more particularly described in paragraph 6 (further referred to in this agreement as the "commission fund"). Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount received by the Park Commission from the levy prior to December 1, 1995, nor 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, 1996, Park Commission shall pay 70% of the total levy less the commission fund and those sums previously paid to School PAGE 3 of 6 INTERGOVERNMENTAL AGREEMENT (p:school\sch-park.iga)(February 1. 1994} District, but not more than the actual amount received by the Park Commission from the levy by March 1, 1996, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.2.3. On June 20, 1996, 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, 1996, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3. For the 1996-97 fiscal year, Park Commission shall pay School District for services performed, including costs and expenses, a sum not to exceed $935,166 in three payments as follows: 3.3.1. On December 1, 1996, 50% of the total levy, less a sum not to exceed $27,500 for community activities as more particularly described in paragraph 6 (further referred to in this agreement as the "commission fund"). Notwithstanding the previous sentence, Park Commission shall not be required to pay to the School District any more than the actual amount received by the Park Commission from the levy prior to December 1, 1996, nor 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, 1997, 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, 1997, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.3.3. On June 20, 1997, 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, 1997, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement. 3.4. The sums specified in paragraph 2 for each activity or program shall be increased for the 1995-96 and 1996-97 fiscal years to maintain a similar level of activities as the 1994-95 fiscal year. Provided, however, that the total amount paid shall not exceed the sum specified in paragraphs 3.2 and 3.3 respectively unless otherwise agreed by the Park Commission and School District. PAGE 4 of 6 INTERGOVERNMENTAL AGREEMENT {p:school\sch-park.igaHFebruary 1, 1994) 4. Reports. Prior to each payment to School District, School District shall submit a report to the Park Commission on the activities and programs conducted, and the sums expended, by the School District under this agreement. 5. Fees: School District shall establish and collect appropriate fees from participants in the programs and activities listed above who reside outside the city limits of Ashland. 6. Levy_ funds: Neither party shall be obligated under this agreement if the Ashland Youth Activities Levy submitted to the electors by the Park Commission is not adopted on May 17, 1994. Both parties recognize that not all funds from the levy shall be paid to School District, there being some funds allocated from the levy for community activity programs provided to the general public. 7. Mutual indemnifications: Each party (the indemnifying party) shall defend and indemnify the other parties, their officers, agents, and employees (the indemnified parties), from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to real or tangible personal property (including loss or destruction), caused by the negligence or other tortious acts of the indemnifying party (including, but not limited to, acts and omissions of the indemnifying party's officers, employees, agents, contractors, and subcontractors). The obligations stated in this section shall be subject to the following conditions: 7.1. The indemnifying party shall be notified in writing of any claim promptly after the indemnified party becomes aware of it; 7.2. The indemnifying party has sole control of the defense of such claim and of all negotiations for its settlement or compromise; and 7.3. The indemnified party gives the indemnifying party information reasonably available and assistance necessary to facilitate the settlement or defense of such claim and, to the extent permitted by law, the indemnified party makes any defenses available to it available to the indemnifying party. The indemnifying party's indemnity obligation under this section shall be reduced to the extent by which the liability, damage, or expense results from the negligence or other tortious acts of the indemnified party, the indemnifying party's officers, employees, or agents, or a third party. Park Commission's and School District's duty to indemnify shall be subject to the limitations imposed by the Oregon Constitution, applicable statutes, and by the Oregon Tort Claims ACt. 8. Modification or Termination: The Park Commission may reduce or eliminate amounts for programs or activities specified in this agreement if the State of Oregon PAGE 5 of 6 INTERGOVERNMENTAL AGREEMENT (p:school~sch-park,iga)(February 1. 1994) distributes funds to the School District which would fund the activities described in paragraph 2. 9. Independent Contractor Status: School District is an independent contractor and not an employee of the Park Commission. District shall have the complete responsibility for the performance of this contract. School District shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. School District is a subject employer that will comply with ORS 656.017. ASHLAND SCHOOL DISTRICT NO, 5 CITY OF ASHLAND Bo~d Chairperson By ~ ¥'~ *'?-,'. - -~ -~'~"~('~"/"'~- Catherine Golden, Mayor CITY OF ASHLAND PARK AND RECREATION COMMISSION ' - Pat~dams, ~;ha~ PAGE 6 of 6 INTERGOVERNMENTAL AGREEMENT