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City of Central Point Parks and Recreation Department
and
Jackson County School District #6
Joint Powers/Building and Facilities Usage Agreement
THIS AGREEMENT is made and entered into this 30th day of tune 2005 by and between the
City of Central Point, a municipal corporation, hereinafter referred to as "City", and Jackson
County School District # 6, a public school district hereinafter referred to as "School District."
Recitals
1. City owns and operates public playgrounds, classroozxzs, gymnasiums and parks and,
by virtue of the growth of the City, such facilities are not sufficient to supply the
recreation needs of the inhabitants of the City;
2. School District owns, maintains and operates school grounds, buildings/classrooms
and other facilities within the City which may be used for recreational purposes;
3. School District owns, maintains and operates school grounds, buildings/classrooms
and other facilities within the City which, by virtue of the growth of the City, are not
sufficient to supply the creative education needs of all of the residents of the School
District;
4. City owns and operates public playgrounds, classrooms, gymnasiums and parks
which may also be used for educational purposes;
5. City and School District aze desirous of entering into an agreement to provide joint
use of grounds, buildings, facilities and parks by children and adults, as mare
specifically described in this Agreement, and are authorized to enter into such an
agreement pursuant to ORS 190.010, subject to constitutional and local law
requirements and this Agreement.
NOW, THEREFORE, City and School District mutually agree as follows:
1. Except as specifically provided elsewhere in this Agreement, and in the sale
discretion of City, City shall make available at a specified minimal fee, utility and
maintenance cast to School District, City-owned classrooms, gymnasium, parks oz'
playground facilities when not needed by City for municipal purposes. Except as
specifically provided elsewhere in this Agreement, and at the sole discretion of
School District, School District shall make available to City at a specified minimal
foe, utility and maintenance cost to City, School District-owned buildings,
gymnasiums, grounds and other facilities for use in connection with City recreation
programs when not needed by Schaal District for school district purposes. Minimal
Fees referenced above are set forth in Attachment A of this agreement.
2. City shall reimburse School District for additional un-programmed labor costs solely
associated with providing required School District representation at its facilities when
being used by City. School District shall reimburse City for additional un-
programmed Iabor costs solely associated with providing required City representation
at rts facilities when being used by School District. City may request estimated labor
costs in advance of said events, and School District shall provide that estimate within
Building Facilities Agreement
Page 2 of 5
a reasonable time of request. On an a~~nual basis, the City azzd School District will
respectively budget an agreed upon amount identified in Attachment 13, as a pool of
funding, to be available to cover unforeseen repairs or replacements.
3. The parties shall take steps to avoid the appearance of ea-sponsorship of events, joint
ventures, partnerships with the other party other than with the prior written consent of
the other party. The parties shall not permit misrepresentations of any kind in
connection with programs conducted in connection with this Egreement. Unless
otherwise agreed upon in advance and in writing, the parties shall use the name of the
other party only as may be necessary to identify the location of the programs and/or
events conducted under this Agreement.
CITY USE OF SCHOOL DISTRICT FACILITIES
4. City shall organize, administer, supervise and direct City recreation programs on
schools within the School District under the policies established by City's Parks and
Recreation Director in conjunction with involved school Principals (or his or her
designate). When used by City, School District's {non-classroom) buildings,
gymnasiums, grounds and other facilities shall be under the supervision of City, its
agents and employees. Nothing in this Agreement shall be deemed to impose
responsibility upon City, its agents or employees, to inspect School District property
for conditions needing repair of correction. City agrees that its agents or employees
shall notify the respective school principal, as soon as possible, of any conditions
existing upon School District's buildings, grounds or other facilities being utilized by
City in connection with the performance of this Agreement actually observed to need
repair ar correction, in order to render such buildings, grounds and facilities safe.
5. City agrees to be responsible for the scheduling and supervision ofCity-approved
recreation program activities conducted pursuant to this Agreement. An exception to
this includes Twin Creeks Civic Park which the City leases from the school district
for a one dollar annual fee (Attachment C).
6. City further agrees to provide adequate and qualif ed recreation personnel to fulfill
these responsibilities. AlI such recreation personnel employed in connection with
City's use of School District's {non-classroom) buildings, gymnasiums, grounds and
other facilities shall be deemed City employees for all purposes and shall be paid as
such. Without limiting the foregoing, the hiring, supervision anal discipline of all
such personnel shall be the responsibility of the City. City agrees to procure and
maintain in full force and effect workers' compensation insurance or self-insurance
covering such recreational personnel for any death, injury or illness arising in
connection with the performance of this Agreement.
SCHOOL DISTRICT USE OF CITY FACILITIES
7. School District shall organize, administer, supervise and direct the School District
program on City-owned community center, gymnasium, park or playground facilities,
such program to be operated under the policies established by School District's Board
of Director's in conjunction with the City's Parks and Recreation Director or his or
her designate. When used by School District, City's buildings, grounds and other
facilities shall be under the supervision of School District, its agents and employees.
Building Facilities Agreement
Page 3 of 5
Nothing in this Agreement shall be deemed to impose respo~~sibility upon School
District, its agents or employees, to inspect City-owned property For conditio~~s
needing repair of correction. School District agrees that its agents or employees shall
notify the City Parks and Recreation Director or his/her designate, as soon as
possible, of arty conditions existing upon City's buildings, gz•ouzzds or otllcr facilities
being utilized by School District in connection with the performance of this
Agreement actually observed to need repair or correction, in order to render such
buildings, grounds and facilities safe.
8. School District agrees to be responsible for the scheduling and supervision of School
District's program activities conducted pursuant to this Agreement. School District
further agrees to provide adequate and qualified school personnel to fulfill these
responsibilities. All such personnel employed in connection with School District's
use of City-owned classrooms, gymnasiums, parks or playground facilities shall be
deemed School District employees for all purposes and shall be paid as such.
Without limiting the foregoing, the hiring, supervision and discipline of all such
personnel shall be the responsibility of the School District. School District agrees to
procure and maintain in full force and effect workers' compensation insurance ar self-
insurance covering such educational personnel for any death, injury ar illness arising
in connection with the performance of this Agreement.
SCHEDULING OF EVENTS
9. The schedules for the use by City of School District buildings, grounds and other
facilities at any School District site shall be coordinated through the School District.
The schedules for use by School District of City classrooms, gymnasium, parks or
playground facilities shall be coordinated through the City's Parks and Recreation
Department. On an annual basis, effective August 1st, all school facilities will be
closed for repair and cleaning and will not be available for use by the City until the
start of the new school year in September.
INSTALLATION OF APPARATUS
10. City and School District agree to furnish recreational and educational apparatus and
necessary equipment according to the terms set forth herein. Such apparatus and
equipment shall remain the property of the party furnishing it. Either party may, with
the express approval of the other party, furnish and install on the other party's
property, at the installing party's expense, such additional recreational apparatus,
equipment, structures or facilities as the installing party deems to be required in
connection with its recreation programs. Replacement of, and repairs to, any such
equipment, structures or facilities situated on the other party's property shall be made
by the installing party ,subject to the express approval of the other party. Any such
apparatus, equipment, structures or facilities shall not interfere in any way with the
ordinary use of School District or its property. Further, such City-furnished
apparatus, equipment, structures or facilities shall not become fixtures to School
District property and may be removed by City at any time. However, any damage to
School District property occasioned by City's removal thereof shall be the
responsibility of the City. City shall provide general liability insurance covering loss
Building Facilities Agreement
Page 4 of 5
or damage relating to City apparatus, egz-ipznent structures or facilities located on
School District property far as long as said properly is located on that property, ar
until further agreement relating to responsibility far such items is executed in writing
by both parties.
INDEMNIFICATION
11. Each party shall indemnify, save and hold haz•mless the other party, its officials,
officers, agents, employees and volunteers against any and all claims, causes of
action, liability, suits, judgments and expenses, including reasonable attorneys fees
and costs, for death or injury to persons, or loss of or damage to property, resulting
from negligent acts or omissions of its officials, officers, agents, employees or
volunteers in the performance of this Agreement. In the event any such claim is
made, ar suit fined, each party shall give prompt written notice thereof, and the other
party shall have the right to defend nr settle the same.
TERMINATION
12. This agreement shall remain in effect until terminated by either party upon not less
than ninety days written notice. Termination may be done by either party with or
without due cause.
GENERAL PROVISIONS
13. The City, its officials, officers, employees, agents and volunteers shall be added as an
additional insured an School District's general liability insurance coverage,
throughout the term of this Agreement. The School District, its officials, officers,
employees, agents and volunteers shall be added as other covered parties on the
City's self-insurance coverage, throughout the term of this Agreement.
14. Each party's obligations hereunder are limited to and contingent upon appropriation
of sufficient funding in each fiscal year hereunder.
15. Each party is an independent contractor of the other. This Agreement does not
evidence any actual partnership or joint venture.
16. Neither party shall create or incur, or suffer to be created or incurred, or to exist, any
mortgage, pledge, encumbrance, lien, charge, az- any other security interest of any
kind on the property of the other without the other's prior written consent. Each party
shall discharge, bond, or insure over or otherwise release or collateralize to the
other's reasonable satisfaction any mechanic's, laborer's, material's, warehouseman's
or other lien or stop notice filed against the other's property within twenty {20) days
after the date the lien ar stop notice is filed.
17. Except as otherwise provided in this Agreement, each party shall retain all revenues
{including fees) resulting from its respective program activities under this Agreement,
consistent with controlling laws, rules and regulations.
1$. Any notice required ar intended to be given to either party under the terms of this
Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or
sent by United States registered or certif ed mail, with postage prepaid, return receipt
requested, addressed to the party to which notice is to be given at the party's address
Building Facilities Agreezxzent
Page S of 5
set Earth on the signature page of this ~1g~•eemcnt ar at such other address as the
parties may froze time to time designate by written notice. Notices served by U~Zited
States mail in the manner above described shall be deemed sufficiently served ar
given at the time of mailing thereof
19. The waiver by either party of a breach by the other, oz• any subsequent breach of this
Agreeme~~t shall not constitute a conti~luizig waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of
this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
20. The provisions of this Agreement are severable. 'The invalidity or unenforceability of
any one provision, or part thereof, shall not affect the validity of invalidity of any
other provision.
21. Disputes arising out of this Agreement shall be resolved by a qualified third party
adjudicator selected by the parties. Unless the decision or the procedures used in
reaching the decision are in violation of constitutional or local law, the decision of the
adjudicator shall be final. If either party is required to commence any proceeding or
legal action to enforce oz• interpret any term, covenant oz• condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other party its reasonable attorney's fees and legal expenses.
22. The rights, interests, duties and obligations defined within this Agreement are
intended for the specific parties hereto as identified in the preamble of this
Agreement. It is not intended that arty rights or interests in this Agreement beneft or
flow to the interests of any third parties.
23. Any matters relating to this Agreement not addressed herein shall be decided, if at all,
by writing executed by both parties.
CITY OF CENTRAL POINT
By
Phil Messina, City Administrator
APPROVED AS TO FORM:
City Attorney
JACKSON COUNTY SCHOOL DISTRICT #6
By
Candace Manary, Superintendent
City of Central PainUSchoal District #6
Building/Pacilities Usage Agreement
Attachment A
Pees for Summer Day Camp
The City of Central Point and School District ~# 6 hereby agree to the follawing fee
schedule regarding facility usage. The purpose of the fees is to support utilities, supplies
and maintenance costs related to the respective agency's usage of the facilities.
The City of Central Paint Parks and Recreation Department will pay School District # 6 a
fee of $400.00 for usage of the Central Point Elementary Day Camp. This annual fee will
be paid prior to August 1 of each year.
Superintendent
School District # 6
City Administrator
City of Central Point
City of Central Point/School District #6
Building/Facilities Usage Agreement
Attachment B
Fees for After School Program Usage
The City of Central Point and School District # 6 hereby agree to the
following fee schedule regarding facility usage. The purpose of the fees is to
support repairs and maintenance costs related to the City's usage of the
school's facilities.
The City of Central Point Parks and Recreation Department will pay School
District # 6 an annual fee of $250.00 for usage of Central Point Elementary,
Jewett and Mae Richardson for the After School Program, conducted by the
City nine months per year. This annual fee will be paid prior to August 1 of
each year.
Superintendent
School District # S
City Administrator
City of Central Point
Attachment C
Twin Creeks/Civic Park Lease Agreement
This agreement between Jackson County School District No. G (District) and the
City of Central Point (City) is for the lease of the Civic Park (the Park) located in
the Twin Creeks Development. The District currently owns the Park. It is agreed
that the City will lease the Park for one dollar per year. The fee is due and payable
to the District by August 1, 2005. This lease will begin on July 1, 2005 and
continue through June 30, 2006.
This lease arrangement enables joint usage of Civic Park for bath school district
activities and Central Point's area residents and visitors. The City shall be
responsible for insuring the Park and any and all activities that occur during the
lease period. Exceptions to the City's insurance coverage responsibility include any
injuries that occur during the course of school sponsored activities.
The District, its agents and employees will not be held liable for any injuries that
occur during the lease period, with the exception of school related/school sponsored
activities {football, soccer, etc.). The City will provide the District with proof of
insurance at the beginning of the lease period. The District will also provide the
City with it's proof of insurance coverage.
The School District will assist the City in scheduling the use of the Civic Park using
the City's guidelines for facility use. The District's football program will receive
first priority in using the Park for practice. The District will provide the City with a
certificate of insurance for use of the Park by the football program.
The District will be responsible for the mowing and fertilizing the Park during the
term of the lease. The City will be responsible for paying for the watering, repair
and maintenance of the irrigation system during the term of the Iease. Both the Gity
and the District will be responsible for litter control. The City will be responsible
for maintaining the basketball and sand volleyball courts located in the Park.
The District will pay a $250 fee annually to the City for the use of the facility by
our football program. This fee will be used to offset any cost of maintenance
incurred by the City. The fee is payable by the District no Iater than August l .
Dated this
day of , 2005.
City Administrator
District Superintendent