CITY OF ASHLAND, ASHLAND PARK AND RECREATION COMMISSION
AND
ASHLAND SCHOOL DISTRICT #5
INTERGOVERNMENTAL AGREEMENT (THIRD RENEWAL)

Agreement made this day of , 2003, between the City of Ashland, by and through the City of Ashland Park and Recreation Commission ("Park Commission"), and Ashland School District #5 ("School District").

RECITALS:

A. The Park Commission and School District entered into an intergovernmental agreement in 1994, 1997 and 2000, entitled "City of Ashland Park and Recreation Commission Ashland School District #5 Intergovernmental 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 20, 2003, election the voters of the City of Ashland approved the Ashland Youth Activities Five-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.

City, 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 2003-2004, 2004-2005, 2005-2006, 2006-2007, and 2007-2008 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 2002-2003 fiscal year activities.

2. Description of activities:

2.1. Elementary school programs including, but not limited to, 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 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, DECA, 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 part of the sums furnished under this agreement for the activities described this paragraph 2 shall be used for any activities that 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 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 2003-2004 fiscal year, City shall pay School District for services performed, including costs and expenses, all sums collected from the levy and budgeted for the YAL by the Park Commission, in five payments as follows:

3.1.1. On January 31, 2004, 50% of the total levy, less a sum of $119,000 for community activity programs provided to the general public and conducted by the Park Commission (further referred to in this third 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, 2004, 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, 2004, 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, 2004, 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, 2004, 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, 2004, nor more than the actual amount expended by the School District for the activities and programs conducted under this agreement.

3.2. For the 2004-2005 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, 2005, 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 of $123,000 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, 2005, Park Commission shall pay any additional sums received from the levy after January 31, 2005, but not 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, 2005, Park Commission shall pay any additional sums received from the levy after March 1, 2005, 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 2005-2006 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, 2006, 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 of $127,000 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, 2006, Park Commission shall pay any additional sums received from the levy after January 31, 2006, but not 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, 2006, Park Commission shall pay any additional sums received from the levy after March 1, 2006, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement.

3.4. For the 2006-2007 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:

3.4.1. On January 31, 2007, 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 of $131,000 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.

3.4.2. On March 1, 2007, Park Commission shall pay any additional sums received from the levy after January 31, 2007, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement.

3.4.3. On June 20, 2007, Park Commission shall pay any additional sums received from the levy after March 1, 2007, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement.

3.5. For the 2007-2008 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:

3.5.1. On January 31, 2008, 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 of $135,000 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.

3.5.2. On March 1, 2008, Park Commission shall pay any additional sums received from the levy after January 31, 2008, but not more than the actual amount expended by the School District for the activities and programs conducted under this agreement.

3.5.3. On June 20, 2008, Park Commission shall pay any additional sums received from the levy after March 1, 2008, but not more than the actual amount
expended by the School District for the activities and programs conducted under this agreement.

ASHLAND SCHOOL DISTRICT NO. 5 CITY OF ASHLAND
By____________________
Board Chair

CITY OF ASHLAND
By____________________
Alan DeBoer, Mayor

PARK AND RECREATION COMMISSION
By____________________
Chair

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