RE: Hood River County School District and Parks and ...

DATE: September 8, 2021TO: Board of DirectorsFR: Rich Polkinghorn, SuperintendentRE: Hood River County School District and Parks and Recreation IGA

EXPLANATION:In March, 2020 COVID-19 Pandemic halted all Community Education Programs. On April 30,2020 the Community Education Director resigned. Superintendent Rich Polkinghorn initiated aconversation between Hood River Parks & Recreation and the District in an effort to streamlinethe partnership. The work began in March 2020 with Director Hickok and Rich Polkinghorn toconsider a transition of the administration of Community Education from HRCSD to HRPRD.Spring of 2021 HRCSD & HRPRD met frequently to review IGAs from other parts of the stateand nation and began drafting an IGA for Community Education Programming. In Summer 2021the IGA draft was finalized and reviewed by District legal counsel, some minor revisions weremade after legal review. In Fall 2021 pending board approval the IGA will be fully executed.Parks and Recreation will begin recruiting a director and assistant for Community Education andRecreation for Hood River County.

The finalized Hood River County School District and Parks and Recreation IGA is presented tothe Board for their approval.

PRESENTERS: Rich Polkinghorn, Superintendent

SUPPLEMENTARYMATERIALS: Hood River County School District and Parks and Recreation IGA

RECOMMENDATION: The Superintendent recommends that the board approve the HoodRiver County School District and Parks and Recreation IGA

PROPOSED MOTION: I move to approve the Hood River County School District andParks and Recreation IGA as presented.

HRCSD and HRPRD IGARich Polkinghorn, HRCSD Superintendent

Function of Community Education

Community Education serves the community in numerous ways. Utilizing school facilities to their maximum potential community education offered adult education, arts and cultural entertainment events, youth and adult sports, recreation and camps, and preschool programs.

Community Education takes pride in offering services to the entire Mid Columbia area at minimal costs to the taxpayer.

Transition of Community Education

Pandemic required a shutdown of all activities…

The Community Education Director resigned the position effective April 30, 2020.

Prior to his resignation the district had already begun the process of reassigning pieces of community education to the organizations within the community whose mission aligned to a specific function of community education.

Timeline

March, 2020 - COVID-19 Pandemic halted all Community Education programs.

April 30, 2020 - Community Education Director resigned.

July 2020 - I initiated conversation between Parks and Recreation and the District in an effort to streamline our partnership with respect to our facilities

March 2021 - Director Hickok and I began to consider a transition of the administration of Community Education from HRCSD to HRPRD.

Spring 2021 - Director Hickok and I met frequently to review IGAs from other parts of the state and nation and began drafting and IGA between our organizations.

Summer 2021 - Director Hickok and finalized the draft IGA and sent to for review by our respective legal council. We made minor revisions after legal the review

Fall 2021 - Pending board approval the IGA will be fully executed. Parks and Recreation will begin recruiting a director and assistant for community education and recreation for Hood River County.

Primary Function of Community Education

Adult Continuing Education

Prime Time (after school care)

Preschool

Youth and adult recreation and sports

Adult Continuing Education

Contracted with Columbia Gorge Community College for the administration of all adult continuing education courses.

CGCC Mission: Columbia Gorge Community College builds dreams and transforms lives by providing lifelong educational programs that strengthen our community.

After School Care

Prime Time after school care program was shifted to Right at School. Right At School provides safe, engaging, and meaningful in-school and extracurricular programs to enrich the lives of students, give parents peace of mind, and enable schools to focus on their academic mission. Right at School is offered at May Street and Westside

Right at School Mission: To inspire a love of learning, support schools, and give parents peace of mind.

ExCEL: Extended Community Enriched Learning, is a HRCSD program that is funded through a five-year grant administered by the Oregon Department of Education (ODE). ExCEL is an academic enrichment program that offers activities for students before and after school.

ExCEL is offered at: Mid Valley, Parkdale, Cascade Locks and, Wy’east

Preschool

Community Education ran three preschool programs in Hood River County. With a strong partnership with Mid Columbia Council for Children, we shifted all preschool programs to operate through MCCC. MCCC is a part of the Early Learning Division of the Oregon Department of Education. All their programs and curriculum are aligned with the Early Learning Standards for Kindergarten Readiness.

● This does mean that the Community Education Preschool programs were closed. ● We have developed a sliding scale for families to take advantage of the Preschool Promise program

MCCC Mission: Educating children and families with innovative, high-quality early childhood learning opportunities and family partnerships to build better communities, one person at a time.

Community Youth and Adult Recreation and Sports

Youth and adult sports and recreation have been managed by HRCSD via Community Education for many years. It is unusual for recreational activities to be managed by school districts. In our research, the community recreation and youth sports were either managed by parks and recreation districts, or by the city government.

Hood River Parks and Recreation District Mission: To provide recreational opportunities to the citizens of the Park District, with focus on the youth of our community. Facilities and programs will be developed and maintained to provide safe and economical recreational environments for all users.

Community Youth and Adult Recreation and Sports

Inter-Governmental Agreement with Hood River Parks and Recreation

● Joint Responsibilities● Parks Responsibilities● District Responsibilities

Goals

Improve the economy and efficiency of our tax revenues and resources to maximize the benefits of our constituents.

Cooperate in the seamless transition of Community Education from HRCSD to HRPRD

Joint Responsibilities

● Share and coordinate scheduling of our facilities for our respective programs

Parks Responsibilities

● Administer the community education and recreation program for Hood River County.

District Responsibilities

● Provide low to no cost access to our facilities for the community education and recreation programs

● Integrate the technology services and infrastructure○ Scheduling○ Registration○ Fee Collection

Commitment

HRCSD is committed to financially supporting the Hood River Parks and Recreation District for up to three years for the administration of this program.

Questions

HRCSD and HRPRD IGARich Polkinghorn, HRCSD Superintendent

INTERGOVERNMENTAL AGREEMENTBetween the Hood River Valley Parks and Recreation District and

the Hood River County School Districtfor the Operation of Community Education and Recreation programs

DATE: August 6, 2021

PARTIES: Hood River Valley Parks and Recreation District (“Parks”)1601 May AvenueHood River, OR 97031

Hood River County School District (“District”)1011 Eugene StreetHood River, OR 97031

RECITALS

A. The above named parties have the authority under ORS 190.010 to enter intointergovernmental agreements for the performance of functions and activities by each party.

B. The District is organized for the purpose of providing public school education, including, at itsdiscretion, community enrichment and recreation programs within its geographicalboundaries.

C. Parks is organized for the purpose of providing parks, aquatics and associated enrichmentprograms to citizens within its geographic boundaries.

D. District and Parks (hereinafter collectively called the “Sponsors”) within their respective powersdesire to cooperate in the establishment and continued operation of a comprehensivecommunity education and recreation program within the total area encompassed by theboundaries of the Sponsors.

E. Sponsors acknowledge the circumstances regarding the COVID-19 Pandemic and will take allnecessary precautions as provided by the Centers for Disease Control and Prevention (CDC)guidelines and federal, state and local orders regarding COVID-19.

F. It is in the common interest of the Sponsors to further economy and e�ciency in providingservices to the public by utilizing the tax revenues obtained by each party to this agreement,and to maximize the bene�ts of the parties’ respective constituencies.

NOW, THEREFORE, in consideration of the mutual agreements of the parties, the partiesagree as follows:

Section I: Joint Responsibilities: The Sponsors agree to the following:

A. To allow the other to use their facilities for meetings, training, community events or other uses.Such use is at the discretion of the owner of the facilities being used as to the availability orsuitability for use. Furthermore, such use shall be in compliance with all policies andprocedures of the entity which owns the facility being used.

B. To implement a mutually agreed upon “facility use agreement” to detail reasonable costs andguidelines for use of their respective facilities. The “facility use agreement” may be terminatedfor non-compliance. Upon termination, any costs under a facility use agreement shall beprorated according to the amount paid and used up to the date of termination.

C. To coordinate scheduling of all community education and recreation programs that will beheld at District facilities and/or sports �elds.

D. The District athletics and other co-curricular programs shall take precedence over anycommunity education and recreation use of District facilities.

E. The Parks program shall take precedence over any District use of Parks facilities.F. All equipment supplied by the District shall remain property of the District. All equipment

supplied by the Parks shall remain property of the Parks.

Section II: District Responsibilities: The District agrees to:

A. District shall provide Parks with access to the school's facilities and sports �eld for the purposeof hosting community education and recreation programs. Such use is subject to availability,the aforementioned “facility use agreement” and applicable District Policy KG and ProcedureKG-AR.

B. District shall allow Parks to use District integrated program registration/point of sale/facilityscheduling software for community education and recreation program participants to enroll inand pay for programs. Parks will have unrestricted access to user data.

C. District shall provide Parks with resources listed in appendix A

Section III: Parks Responsibilities: The Parks agrees to:

A. Parks shall administer the community education and recreation program with a goal toenhance community education and recreation program within the community, reachingresidents of all ages, socioeconomic status and ethnicities within Hood River County

B. Parks employees and volunteers who perform services in furtherance of community educationand recreation programs on District property shall undergo national criminal records check.

Section IV: Rental and Other Charges:

Parks and the District agree that each party shall charge and adhere to the rental fees outlined inthe aforementioned “facility use agreement” and the policies as detailed in District HRCSDPolicy KG and Procedure KG-AR and Parks Rate Policies for the use of their respectiveproperties and facilities except as provided under the terms of this agreement, unless otherwiseagreed in writing by the parties. Each party acknowledges that policies and procedures aresubject to change and represents that in the event a party's policy changes, District and Parkswill provide written notice of any policy change to the other party.

Section V: Supervision:

Parks agrees to provide adequate personnel to supervise Parks activities at District propertiesand facilities. The District agrees to provide adequate personnel to supervise District activitiesat Parks properties and facilities.

Section VI: Facility Construction and Renovation:

It is agreed that Parks and the District will notify one another of plans to develop new facilitiesand plans for renovation/remodel of existing facilities to the extent possible to coordinate suchprojects to the mutual bene�t of the parties.

Section VII: Maintenance:

Maintenance and utilities of Parks facilitates and properties shall be the responsibility of theParks. Maintenance and utilities of District facilities and properties shall be the responsibilityof the District.

Section VIII: Dispute Resolution:

In the event of any dispute that arises concerning the terms of this agreement, the respectiveagents/employees of Parks and the District shall attempt to mutually resolve the dispute ingood-faith.

If a dispute remains unresolved after good-faith e�orts at the sta� level, the matter shall bereferred to the Parks Director and the District Superintendent for resolution. If the ParksDirector and District Superintendent have not negotiated a resolution within 60 days of theirinitial meeting, or within 60 days of a request to meet from a respective party if no meetingoccurs, either party may opt for mediation to facilitate further discussion.

Mediation may be initiated by a party by written notice to the other party, whereupon bothparties shall participate in mediation. The selection of a mediator shall be made jointly;however, if the parties cannot agree on a mediator, the parties shall each submit a list of three

mediators of their choosing. The mediator shall be chosen from that list of mediatorssubmitted by the parties by alternately striking a mediator from the submitted list, with theperson to strike �rst determined by �ipping a coin. The parties shall equally share the cost ofthe mediator.

If a dispute remains unresolved 30 days after the �rst meeting with the mediator either partymay pursue such remedies as may be lawful by actions at law.

Section IX: Termination:

This agreement shall terminate �ve years after the date of execution, unless extended in writingby both parties. Either party may terminate this agreement by providing 180-day advancenotice to the other party of intent to terminate the agreement. Notice shall be in writing to thefollowing person/address.

If to Parks:

Parks and Recreation DirectorHood River Valley Parks and Recreation District1601 May AvenueHood River, OR 97031

If to District:SuperintendentHood River County School District1011 Eugene StreetHood River, OR 97031

At the conclusion of a period of �ve years from the date of signing this agreement, both partieswill evaluate this agreement in its entirety for philosophical and overall bene�ts for bothparties. If the agreement is not extended at the conclusion of the �ve-year period, the useperiod will expire at the end of the active program season.

Section X: Responsibility for Damages:

Parks shall be responsible for any and all damages to District properties and facilities caused as aproximate result of use by Parks enrichment and/or recreational activities. The District shall beresponsible for any and all damages to Parks properties and facilities caused as a proximateresult of use by District activities.

Section XI: Indemni�cation:

To the extent permitted by the Oregon Constitution, and the extent permitted by the OregonTort Claims Act (ORS 30.260 to 30.300), and to the extent otherwise provided for in privatecontracts of insurance, both Parks and District agree to indemnify, defend, and hold the otherand its o�cers, board members, employees or agents harmless from all damages, losses andexpenses, including but not limited to attorney fees, and to defend, and hold the other and itso�cers board members, employees, or agents, harmless from all damages, losses and expenses,including but not limited to attorney fees, and to defend all claims, proceedings, lawsuits, andjudgments arising out of or resulting from the indemnifying party’s negligence or willfulmisconduct in the performance of or failure to perform under this agreement. No party to thisagreement will be required to indemnify or defend the other for any liability arising solely outof wrongful acts of another party, or that other party’s own o�cers, board members,employees or agents. Indemnity and defense for claims arising during the term of thisagreement shall survive expiration or termination of this agreement.

Section XII: Additional Insureds:

Both the District and Parks agree to obtain and maintain in force at all times during the term ofthis agreement a policy or policies of general liability insurance with liability limits of at least$2,000,000 (two million dollars) per occurrence and $3,000,000 (three million dollars) inannual aggregate, with the Parks policy or policies naming the District and its o�cers, boardmembers, employees, and agents as additional insureds, and the District policy or policiesnaming the Parks and its o�cers, board members, employees and agents as additional insureds.

Each party agrees to the general liability coverage including coverage for sexual molestation andabuse, and injuries to the head, brain, neck and spine.

Section XIII: Sexual Conduct and Abuse Provision.

Parks acknowledges the District's obligations related to abuse and sexual conduct. If there arereports or allegations of sexual conduct or abuse involving one of Parks’s employees, Parksagrees to immediately remove that employee from providing services to the District. Parks willfollow the District's requests for removal of such employees following a report or allegation.Parks will cooperate in any investigation being conducted by District, law enforcement, DHS,ODE and/or TSPC. Parks has received information regarding abuse and sexual conduct andthe District will provide current information to Parks on an annual basis. All of Parks’semployees who may have direct, unsupervised contact with students, will complete sexualconduct and child abuse training program prior to having direct, unsupervised contact withstudents.

Section XIV: COVID-19 Liability

The novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the WorldHealth Organization. COVID-19 is extremely contagious and is believed to spread mainlyfrom person-to-person contact. As a result, federal, state, and local governments and federaland state health agencies have provided orders, regulations, and guidance regardingCOVID-19.

Ths Sponsors understand the hazards of COVID-19 and are familiar with the Centers forDisease Control Prevention (“CDC”) guidelines; and federal, state, and local orders regardingCOVID-19. The Sponsors acknowledge that it understands the circumstances regardingCOVID-19 and will take all necessary precautions as provided by the CDC, federal, state, andlocal governments. Sponsors shall indemnify, defend, and hold each other harmless from andagainst any and all claims, demands, lawsuits, judgments, losses, or expenses of any naturearising out Sponsors failure to follow the CDC, federal, state, or local orders or guidanceregarding COVID-19 and that leads to, directly or indirectly, the infection of COVID-19 orany other illness or injury related to COVID-19.

Sponsors will provide each other with a copy of their respective Health and Safety Plan to meetthe guidelines for operating during COVID-19.

Parks will notify the Hood River County School District Human Resources Department or itsdesignee right away if anyone on site at a District facility in the agency's program tests positivefor COVID-19.

Section XV: COVID-19 Termination:

Sponsors may terminate this Agreement immediately and without notice if it is found thateither has failed to follow any regulations, orders, or guidance as provided by the CDC, federal,state, and local governments.

Section XVI: Merger:

This agreement contains the entire agreement and understanding between the parties as to thesubject matter herein and supersedes all prior agreements, commitments, representations anddiscussions between the parties, whether written or verbal, relating to the subject matter of thisagreement.

Section XVII: General Terms:

A. Attorney Fees: In the event of any action or proceeding to enforce the terms of thisAgreement, the prevailing party shall be entitled to recover its reasonable attorney fees, inaddition to costs and disbursement, at arbitration, trial, and on appeal.

B. No Third Party Bene�ciaries: This Agreement shall not create any rights or bene�ts toparties other than Parks or District.

C. Counterparts: This Agreement may be executed in one or more counterparts, including bysignature pages delivered in electronic format, each of which shall be deemed an original, butall of which taken together shall constitute one and the same instrument.

D. No employee/employer relationship: The parties agree that this Agreement does not createan employee/employer relationship between the parties. No party is responsible to any otherparty for any federal or state taxes applicable to any compensation or payments made under thisAgreement. Any services provided pursuant to this Agreement are not eligible for any FederalSocial Security, unemployment insurance, or workers’ compensation bene�ts from any oneparty to any other party to this Agreement.

Section XVIII: Amendments:

This agreement may be amended or modi�ed only upon written agreement of both parties.

IN WITNESS WHEREOF, the parties have entered into this agreement by directing their respectiveauthorized representatives to a�x their signatures hereto.

HOOD RIVER VALLEY PARKS ANDRECREATION

By: _________________________________

Title: ________________________________

Date: ________________________________

HOOD RIVER COUNTY SCHOOLDISTRICT

By: _________________________________

Title: ________________________________

Date: ________________________________

APPENDIX A

Community Education Transition to Parks District

Hood River County School District will fund the startup and annual costs for community education and

recreation until Parks passes (and starts collecting taxes) a redistricting campaign or for three years

from the date of this agreement, whichever comes first.

Item

Estimated

Annual

Cost

Estimated

One Time

Cost

Notes

Program Coordinator

Position (1-FTE)$ 85,000

Assumes a position between 45-62k with full

benefits. Actual cost, not to exceed.

Admin Assistant Position

(1-FTE)$ 72,000

Assumes a position between 35-48k with full

benefits. Actual cost, not to exceed.

Training $ 4,000

Liability Insurance Premiums $ 6,000

Misc. Equipment Needed for

Start Up$ 20,000

Subtotal $ 167,000 $ 20,000

Total $ 187,000

Fiscal year

Estimated

Annual

Cost Notes

2021/22 $ 187,000 Includes one time cost and annual cost

2022/23 $ 172,010 assumes 3% inflation

2023/24 (if needed) $ 177,170 assumes 3% inflation

Parks will invoice the district on a quarterly basis, after f ull execution of this document.