Res 1712 - School Dist. Agr.
COUNCIL BILL NO. 2436
RESOLUTION NO. 1712
A RESOLUTION ENTIERING INTO AN INTERGOVERNMENTAL COOPERATION
AGREEMENT WITH THE WOODBURN SCHOOL DISTRICT AND AUTHORIZING
THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT.
WHEREAS, by the authority granted in ORS Chapter 190, incorporated cities may enter
into agreements with other governmental entities for the performance of any of the functions and
activities that they have the legal authority to perform; and
WHEREAS, the City and the Woodburn School District have a long tradition of sharing
facilities for recreation programs and academic and athletic programs; and
WHEREAS, under the authority ofORS Chapter 190, the City and the Woodburn
School District desire to enter into an Intergovernmental Cooperation Agreement to formalize
their existing relationship and continue to work together in the joint use of school and recreation
and park facilities; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Intergovernmental Cooperation
Agreement with the Woodburn School District.
Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment
"A" and is by this reference incorporated herein.
Section 3. That the City Administrator of the City of Woodburn is hereby authorized to
sign said Agreement on behalf of the City.
Approved as to form: 01. ~ ;;;;:.0
City Attorney
Approve
Page 1 - Council Bill No. 2436
Resolution No. 1712
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: ---'J1~~
Mary Te ant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No. 2436
Resolution No. 1712
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January 27, 2003
January 28, 2003
January 29, 2003
January 29, 2003
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A"ACtt'ENT a/l
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INTERGOVERNMENTAL COOPERATION AGREEMENT
WOODBURN SCHOOL DISTRICT
AND
CITY OF WOODBURN
This agreement is entered into as of the _ day of _,2003, by and between and among the W oodbum
School District (District) and the City of Woodburn (City).
WHEREAS, the District and the City have a long tradition of sharing facilities for recreation
programs and academic and athletic programs; and
WHEREAS, it is in the best interest ofthe City and School district to work together in the joint use
of school and recreation and park facilities; and
WHEREAS, this joint use provides taxpayers better utilization of school buildings, athletic facilities,
aquatic facilities and parks and recreation areas. This cooperation avoids duplication of these facilities,
thereby saving tax monies; and
WHEREAS, the City has recently updated the Parks and Recreation Comprehensive Plan to include
School District grounds within the City inventory of neighborhood park facilities; and
WHEREAS, the funds for the cost of such uses, facilities and services are included within each
agencies' budgets; and
WHEREAS, this agreement is of a type and for a purpose authorized by Chapter 190, Oregon Revised
Statutes and is not otherwise prohibited by law;
THEREFORE, in consideration ofthe above premises, the District and City agree to cooperate with
each other as follows:
1. The City of W oodbum has included school grounds within the inventory of neighborhood park
resources. To serve neighborhood public recreation use, the School District will keep grounds open
until sunset during hours school is not in session.
2. The W oodbum School District considers all Recreation and Parks programs operated on campus as
an integral part of its co-curricular and extended day learning program. WSD and Recreation and
Parks will collaborate in the development and management ofthe programs to insure that all activities
support the mission of both the Woodburn School District and the City of Woodburn.
3. Woodburn School District and facilities and grounds are tobacco-free facilities.
4. All registration materials and information regarding WSD and Recreation and Parks programs and
activities will be available in English and Spanish.
5. Facility use requests will be exchanged by the pt of May each year. Both agencies will conduct a
follow up meeting by the 15th of May, to workout facility schedules, dates and times. A follow up
meeting will be held by December 15th. At these meeting the agencies will discuss specific details
or special needs for the upcoming schedule and resolve anticipated and past problems. All other use
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ATTACHMENT "'2
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INTERGOVERNMENTAL COOPERATION AGREEMENT
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requests will be made in writing through each agency's regular facility use procedures. Each agency
will confirm final appr()ved schedules within 10 days of the request.
6. Once arrangements for facilities are made, either through the above-referenced meetings or through
the facility use application process, neither agency will cancel the other's facility use less than two
weeks in advance unless a suitable alternative site or facility is made available for that event as
scheduled. No cancellations will be made less than 48 hours before an event.
7. Both agencies will provide an adequate number of competent and qualified personnel to supervise
activities taking place in the other agency's facilities.
8. Each agency will comply with and enforce the other agency's rules and regulations while using the
other agency's facilities.
9. Each agency will advise the other of potential policy changes that affect this document and allow the
other 30 days to comment. Should said policy changes render all or portions of this document
ineffective, either agency may request renegotiation or termination ofthe Agreement according to the
provisions of Section 15 and 20 herein.
10. Before any scheduled use, each agency will provide the other agency with premises and facilities in
neat order, properly ventilated with the HV AC systems operating. The agency organizing an activity
is responsible for rearranging furniture or make other minor alterations. Each agency should take
reasonable care to leave the other's facility in the condition in which it was found.
11. Each agency will keep the other agency's premises and facilities in neat order, will promptly remove
all trash and will report any problems or damage to equipment or facilities. Each agency should take
reasonable care to leave the other's facility in the condition in which it was found.
12. Should either agency find that the other has not left a facility in the condition in which it was found,
the host agency must contact the guest agency and request resolution of the matter. If the guest
agency cannot resolve the condition, the host agency may bill the other agency for expenses necessary
to restore the facility to acceptable conditions. Billing will include a description ofthe deficiency and
a cost accounting for the expense to correct the situation.
13. Each agency will reimburse the other for personnel expenses over and above those normally
scheduled to work when additional personnel are necessary to accommodate the other agency's
facility use. The host agency will determine whether staff should be assigned. The cost for necessary
personnel will be calculated and quoted when the use request is submitted and approved. The host
agency will advise the other agency of necessary anticipated costs when facility use confirmed
following the May exchange of schedules.
14. For athletic fields, each agency will be responsible for final preparation and field marking for the
agency's respective events. Each agency should take reasonable care to leave the other's facility in
the condition in which it was found.
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ATTACHMENT :'
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INTERGOVERNMENTAL COOPERATION AGREEMENT
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15. No alteration, modification or addition to the other agency's facilities is to be made by either party
without separate written approval.
16. The City Administrator and Superintendent of Schools each will appoint an agency contact person
to represent each agency in the administration of this agreement. However, the agencies are
encouraged to handle day-to-day details regarding facility between building and facility managers and
program coordinators for each agency. This includes last-minute detail changes, emergencies and
weather problems such as baseball rain outs.
17. Both agencies agree that any dispute or difference involving facilities that arise between the School
District and the City will be resolved by the City Administrator and Superintendent.
18. The relationship created by this agreement will be perpetual until terminated by one or both parties.
The agreement may be terminated at any time when either agency issues a notice requesting
separation no less than 90 days before the intended separation.
19. Each agency will provide the other agency with a certificate of insurance naming the other agency
as additional insured showing that the activities of the other agency are covered under a
comprehensive liability policy with minimum limits of $5,000,000.
20. To the extent it is lawfully permitted under the Constitution and laws of Oregon, each agency agrees
to indemnify, defend and save harmless the other agency from any actions arising from its acts, and
errors of the agency, its officers, agents or employees.
21. Neither agency will sell or assign its rights under this agreement or allow other parties to receive the
benefits of this cooperative agreement by inclusion to avoid fees.
22. This agreement will be binding upon the agencies signing and their respective successors.
23. Any alterations to this agreement must be agreed in writing and approved by the City Administrator
and Superintendent of Schools.
IN WITNESS THEREOF, the following have signed on behalf of their respective agencies.
CITY OF WOODBURN
WOODBURN SCHOOL DISTRICT
Date
Date
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