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HomeMy WebLinkAbout2007-055 Amendment - Parks/School Dist Agrmt FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF ASHLAND PARKS AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 Whereas, the Ashland Parks and Recreation Commission, by and through the City of Ashland, entered into an Intergovernmental Agreement with the Ashland Schools District NO.5 to provide for the implementation of the 2003 Ashland Youth Activities Five Year Operating Option Tax (hereinafter "Intergovernmental Agreement"); and Whereas, the Oregon Tax Court made a ruling concerning a City of Eugene case which the Parties agree requires revision to the implementation of the levy for the 2006-2007 and 2007-2008 fiscal years; NOW THEREFORE, the Intergovernmental Agreement is herby amended as follows: 1. Paragraphs 3.4 and 3.5 of the Agreement regarding the 2006-2007 and 2007- 2008 fiscal years are hereby amended to permit the City of Ashland, by and through the Parks and Recreation Commission to retain an additional $121,000 for the 2006-2007 fiscal year and $121,000 for the 2007-2008 fiscal year, in order to address the holding of the Oregon Tax Court. This withholding of funds is in addition to the normal fund distribution withheld for the applicable fiscal years. 2. All other provision of the Agreement, not inconsistent with the above fiscal changes remain in full force and effect. ASHLAND SCj;rot>L DISTRICT 0 CITY OF ASHLAND I ./ /' nl/~(' .' ./. r /// / - "'.' /'.///, ~.. ._i :!y~ Ut' /'"------ By: Title:' Board chair / Title: Date: 2/12/07 Date: ASHLAND PARKS AND RECREATION COMMISSION INTERGOVERNMENTAL AGREEMENT CITY OF ASHLAND PARKS AND RECREATION COMMISSION AND ASHLAND SCHOOL DISTRICT #5 Agreement made this lJ- day of f 4-u'--1/f-:;(f. , 2007, between the Ashland Parks and Recreation Commission by and through the Parks and ecreation Department CParks Department_) and Ashland School District #5 ( School District ). - - RECITALS A. ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that any party to the agreement, its assigned personnel or agents have authority to perform. B. Parks Department and School District have successfully shared the use, operation and maintenance of facilities in past years and desire to share resources and work collaboratively to jointly maintain and manage the School District athletic fields and other landscaped areas. C. School District has indoor facilities that could benefit the Ashland Parks and Recreation Department's mission of providing recreational services to the citizens of Ashland. D. Parks Department and School District desire to formalize their commitment by entering into this agreement in the spirit of cooperation and with the understanding that the shared facilities will be used extensively by the community in exchange for maintenance by the Parks Department. Both parties desire to maximize the utilization of the community's recreational facilities and open space. E. Parks Department recognizes the value of utilizing school open spaces and developed recreational facilities as neighborhood parks. Such utilization will fulfill the Parks Department open space plan. F. Parks Department and School District previously entered into a similar agreement that due to decreased funding was terminated early; however, a tax court decision that potentially may affect the Ashland Youth Activity Levy (YAL) has prompted the parties to reconsider Parks Department providing maintenance of school owned and operated outdoor recreational areas under the terms and conditions herein. Parks Department and School District agree: 1 Definitions. The following terms shall be defined as: 1.1 Fields and Facilities. The following School District athletic fields and associated open spaces (further collectively referred to in this Agreement as fields) for the schools and office listed below are subject to this Agreement: 1.1.1 High School 1.1.2 Middle School 1.1.3 Bellview Elementary School 1.1.4 Briscoe Elementary School 1.1.5 Helman Elementary School 1.1.6 Lincoln Elementary School 1.1.7 Walker Elementary School 1.1.8 Central Administration Office 1.1.9 Willow Wind Community Learning Center (landscaped areas only) 1.2 School owned and operated outdoor recreational areas: Playgrounds and play equipment, fields and facilities, amphitheaters, walking tracks, and picnic areas. 1.3 Non-recreational areas owned by the School District and maintained by Parks and Recreation: Parking lots, landscape areas around buildings, and ornamental areas. 1.4 Indoor school owned and operated recreational areas: Gyms, classrooms, music rooms, cafeterias, auditoriums, theaters, set shops, wood shops, and automotive shops. Hallways, vestibules, and restrooms will also be made available in support of these facilities. 1.5 Priority User: A user that cannot be bumped or rescheduled by community users once use of a facility has been scheduled. 2 Scheduling Use of School District Facilities. 2.1 Schedulina - Fields and Facilities. Use of the fields shall be scheduled by the School District. The School District shall have first priority for scheduling those activities required or compatible with instructional needs and school-sponsored extracurricular activities. Use by the School District is subject to the requirements of the Oregon School Activities Association (OSAA) and School District reserves the right to reschedule the actual times of School District if there are changes in instructional or OSAA requirements. At all other times the School District shall schedule the fields for use by the Parks Department. When not scheduled for use by the Parks Department, School District may schedule use of the fields for community groups that exist within the City of Ashland. The intent of the parties is to maintain a schedule fulfilling the instructional, athletic and extracurricular needs of the School District but expand use by the community to the maximum extent feasible. 2.2 SchedulinQ - Indoor school owned and operated recreational areas. 2.2.1 The City and Parks and Recreation shall be a priority user, outside of Schools, of the indoor facilities as defined in the definitions section. 2.2.2 City shall make request for use of indoor facility no later than one month prior to scheduled need. School District shall not deny without due reason. 2.2.3 Indoor facility use shall be free for Parks Department for use on Monday-Friday between 3 pm and 11 pm at AMS and AHS. School District may bill Parks Department such amounts as shall cover district's costs for use on weekends, holidays, and after 11 pm on Monday-Friday. 2.2.4 Parks Department shall pay all billed amounts under this section no later than 30 days following receipt of the bill. 2.3 Schedule Vacancies. Times reserved for the School District, but not used by the School District, will be made available to the Parks Department and times reserved for the Parks Department, but not used by the Parks Department, will be made available to School District. 2.4 Site Supervision and Clean UP. The sponsor of a scheduled activity or event is responsible for site supervision during the event and routine event clean up. 2.5 Security Durinq Events. Security during events will be the responsibility of the sponsor of the event. 2.6 Chanqe in Policies Governinq Usaqe. Any proposed change to usage or policies governing usage other than scheduling will require approval by the Parks Department and School District. 3 Compensation. Beginning March 1,2007, the School District will pay for the maintenance responsibilities assumed by the Parks Department under this agreement in accordance with the following schedule: 3.1 The sum of $140,000 per year to be prorated for the period of March 1,2007 through June 30, 2007, in this first fiscal year. 3.2 Beginning July 1, 2007, and each subsequent July 1 during the term of this contract the amount specified in paragraph 3.1 shall be increase by three percent (3%). 3.3 Equal quarterly payments shall be payable in advance for each fiscal year of this agreement, with the first payment to be made July 1, 2008, for the July - September 2008 quarter and additional quarterly payments to be made on or before the first day of each subsequent quarter. 3.4 The Parks Department agrees to not bill the School District for the costs for maintenance for the period beginning March 1, 2007 and ending June 30, 2008, as these will be reimbursed through an amendment to the Youth Activity Levy disbursement agreement. 4 Maintenance Responsibilities by Parks Department and School District. Parks Department and School District share the goal of having as high a standard of maintenance as is affordable and practicable. The standard for quality of maintenance will be mutually established by Parks Department and School District. This agreement shall supersede all prior maintenance agreements between the parties. 4.1 Maintenance Responsibilitv of Parks Department. Except as provided below in this section, Parks Department shall maintain the turf and landscaping associated with: 4.1.1 The fields and facilities described in section 1.1 4.1.2 The School owned and operated outdoor recreational areas. 4.1.3 Non-recreational areas owned by the School District and maintained by Parks and Recreation 4.2 Maintenance Responsibility of School District. School District will provide all utilities, including water, necessary for proper maintenance. 4.3 Maintenance Policies. Parks Department shall honor all maintenance policies established by the School District as of November 6, 2006. New grounds policies enacted by the District shall be jointly approved by the Parks Commission and the School Board prior to them being enacted. 4.4 Maintenance Included. Maintenance activities such as mowing, trimming, weed and vegetative control, pruning, playground equipment inspection, litter removal, irrigation repair and operation, and fertilizing are implied and included within this IGA. 4.5 Activities to be billed separatelv. Parks Department shall bill School District separately for special projects such as construction, equipment replacement, or facility rehabilitation which shall be charged on a time and materials basis with no administrative overhead included. School District shall pay items billed separately under this provision no later than 30 days after receipt of the bill. 5 Length of Agreement. The term of this Agreement shall commence on March 1,2007, and continue until January 1,2012, unless terminated as provided in section 9. Parks Department and School District shall periodically review this Agreement and modify it as they mutually agree to be appropriate. 6 Rental Fees, Concession and Ticket Revenue. 6.1 Parks Department and School District Sponsored Events. Neither Parks Department nor School District sponsored events will have a rental charge. Parks Department may be charged for custodial services if a custodian is not otherwise on duty during scheduled usage. 6.2 Other Reserved Use. School District may charge rental rates and custodial or other costs for community groups. 6.3 Concession and Ticket Revenue. Concession and ticket revenue generated by Parks Department or School District sponsored events shall be retained by the respective agency. Revenue generated by community group use at school facility shall be subject to School District policy. 7 Sponsorship and Advertising. School District reserves the right to determine sponsorships, advertising, and concessions related to the surface fields after consultation with the User Committee at school facility. 8 Special Campus Concerns. 8.1 Campus Security. Parks Department and School District recognize and support modest and safe use of fields by neighbors and the community during the instructional day as long as the use does not disrupt the operation of school or the instructional program. Parks Department and School District agree to the following: 8.1.1. The facilities described in section 1.1 of this Agreement will be used in a fashion that maximizes community use through the Parks Department or community groups. However, such use must be compatible with protecting the safety and security of students, staff, and visitors. School District reserves the right to control use and access to the facilities during the instructional day from 7 a.m. to 4 p.m. 8.1.2. School District reserves the right to restrict partial or all use for up to 48 hours to respond to a safety or welfare emergency. The superintendent or designee will inform the Parks Department Director or designee of such a decision. Any restriction that extends beyond 48 hours requires the concurrence of the Parks Department. 8.1.3. School grounds will be posted with signs informing the public that the areas are school grounds and that public access is welcome, but may be restricted without prior notice for security or, while school is in session, for instructional reasons. 8.1.4. Parkinq Durina the Instructional Dav. Members of the community arriving by car to use the facilities during the instructional day may not park in the school lots without prior approval of the school administrator. 9. Termination. 9.1. Procedure for Termination. Neither party may terminate this Agreement for a breach by the other party without first providing the other party written notice of the specific nature of the alleged breach and a reasonable opportunity to cure the breach. A reasonable opportunity to cure the breach shall be 30 days or such other lesser or greater time as is appropriate given the nature of the breach and the time necessary to cure it. 9.2. Remedies for Termination. Notwithstanding any other provision in the Agreement, each party reserves the right to terminate this Agreement for any reason by written notice. Such termination shall be effective 90 days after notice is given. The same shall apply if either party desires to terminate this agreement as to one or more of the fields and facilities listed in Section 1 above without terminating as to the others. 10. Contract Administration. This Agreement shall be administered by the Parks Department through its Parks Director and by the School District through its Business Manager. Either party may change its representative by providing the other party written notice of the new representative's name and address. 11. Indemnification. To the extent legally possible, School District and Parks Department each shall indemnify and hold the other, its officers, agents and employees, harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to any act or failure to act by the first party and its employees, agents, officers and contractors in connection with this contract. 12. Dispute Resolution. Parks Department and School District shall attempt to resolve all disputes through staff discussions at the lowest possible level. Both parties to this Agreement agree to provide other resources and personnel to negotiate and find resolution to disputes that cannot be resolved at the staff level. As a next step, claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement, or breach thereof shall be determined by mediation, arbitration, or litigation. Disputes shall be initially submitted to mediation by a mediator chosen by the parties. The cost of mediation shall be borne equally by the parties. If the parties are unable to agree upon a mediator within 5 days or if mediation fails to resolve the dispute and if either party wants to further pursue the dispute, either party may request that the dispute be submitted to arbitration before a single arbitrator agreed to by the parties. If both parties agree to arbitration but are unable to agree upon an arbitrator, each party shall select an arbitrator. The arbitrators so chosen shall select a third, and the decision of a majority of the arbitrators shall be final, binding the parties, and judgment may be entered thereon. Unless the parties mutually agree otherwise, any arbitration proceeding shall be conducted in accordance with the currently in effect Arbitration Rules of the American Arbitration Association pursuant to ORS 190.720. Notwithstanding the above, either party may, at its own discretion, elect to resolve disputes in excess of $50,000 by litigation, if mediation is not successful. ASHLAND . H~OL DIST ~ \ ASHLAND PARKS A~D R~CREAT~ON COMMISSION : ~ By: 1,(ltvz,,'---f (' dCjC.:L~ oar ha' Title::! ;-:'/:. f" J (j 2/15/07 Date: ::; ~ . .; , ,