IGDKA-AR - Cooperative Community Agency Agreement

Code: IGDKA-AR
Adopted: 9/13/06
 

This agreement is entered into between Douglas County School District No. 4 (Roseburg Public Schools) (hereinafter "the District") and ______________________________________________ (hereinafter "the Agency").

  1. Purpose is to identify mutually beneficial projects, services and operations that will benefit students within the District, who are also served by such agencies.
  1. Term.  This agreement is for a 5-year renewable term subject to periodic reviews as determined by the parties and shall commence on the date of execution and shall continue through

______________________________________________

  1. Responsibilities of the District.

During the term of this agreement, the District shall: 1) Meet with the agency as necessary but at least every 5 years to renew or modify the agreement; 2) Coordinate and make available facilities for use by the Agency for various programs; 3) Provide agency with a reciprocal reduced fee structure for use of facilities; 4) Provide student transportation as facilitated by current bus routes without requiring changes or additional cost to the district; 5) To coordinate multiple agency uses and resolve scheduling conflicts between the groups as necessary.

3.1  In its discretion, the District may review all program materials which may be distributed to Roseburg students/parents by the Agency.  The District may also ask to review any new or additional program materials developed by the Agency which may be distributed to Roseburg students during the term of this agreement;

3.2  The District shall identify and provide copies of those District policies that it expects the Agency to be aware of and adhere to;

3.3  If services are being provided on a school site, the District when necessary will provide:  access to copy machine and fax machine; access to telephone; hook‑up for computer; and work space.

3.4  The District shall bear the cost of maintenance of any District work space used by the Agency, including regular janitorial services, utilities and security.  Any additional cost incurred as a result of the Agency’s use shall be the responsibility of the Agency, and will be billed accordingly.

  1. Responsibilities of the Agency.

4.1  During the term of this agreement, the Agency shall 1) Meet with the District as necessary; 2) Provide site supervision for activities on District property; 3) Provide any materials, equipment, etc. necessary to conduct the Agency’s activities that are not readily accessible under normal conditions through the District;  4)  Ensure that sanitary rest room facilities are available;                                                                                                                .

4.2  If requested by the District, the Agency shall submit all material, whether written or visual which will be distributed to Roseburg students or their families.

4.3  The Agency shall submit data for and cooperate with any District program audit which might be conducted during the term of this agreement.

4.4  The Agency shall ensure that all personnel having contact with District students have reviewed and familiarized themselves with District policies that have been identified as necessary for the successful administration of this agreement.

  1. Financial Obligations. 1) The Agency shall compensate the District for expenses incurred above and beyond this agreement; 2) The Agency shall provide appropriate and adequate insurance coverage as described in Section 8 of this agreement; 3) The Agency shall repair/replace District equipment of facilities damaged.
  1. Staff.

6.1  The Agency shall provide and properly supervise competent, qualified service personnel who have contact with District students.  Service providers must have any licenses or certificates required by law for performing tasks to which they are assigned.  Agency will honor reasonable requests of the District to remove providers who are careless, incompetent, unqualified, unproductive or disruptive.

6.2  Whenever providing services at a school site, the service providers shall report to and coordinate activities with the building principal or designee where the employee is assigned or is providing services.

6.3  The Agency's personnel shall not be considered agents or employees of the District.  Agency's employees will not be entitled to any benefits from the District that are generally granted to school employees including, but not limited to:  vacation, holiday and sick leave, other leaves with pay, medical and dental coverage, life and disability insurance, overtime, Social Security, workers' compensation, unemployment compensation or retirement benefits.

6.4  The Agency shall provide to the District a list of any service providers who will have unsupervised contact with District students that outlines experience, education, criminal history checks and other supporting information for each provider.  For new or additional service providers having contact with students, background checks and other pertinent employment information will be provided to the District prior to the first day of having unsupervised contact with students. 

  1. Program/Performance Evaluation and Audits.

7.1  The District may conduct a program audit to assess the effectiveness of the program and the services provided pursuant to this agreement. 

7.2  In the event that the District program audit results in areas of concern and a need for improvement, the parties agree to meet and establish an appropriate and reasonable program improvement plan which will be incorporated into and made a part of this agreement.

  1. Insurance.

8.1  The Agency shall, at its own expense, at all times during the term of the this contract, maintain: (a) a commercial, general liability insurance policy; (b) a comprehensive automobile liability insurance policy, including owned and non‑owned automobiles; and (c) an employer's liability insurance policy.  The coverage under each insurance policy must be equal to or greater than the limits for claims made under the Oregon Tort Claims Act. The insurance provided pursuant to this section will be primary insurance for all third‑party claims.  The District and the District's officers, employees and agents must be named as additional insureds. Agency shall provide certificates of insurance acceptable to the District upon reasonable request by the District. District shall provide general liability insurance.

8.2  If the Agency is determined to or is a "subject employer" as defined by Oregon Workers Compensation laws, all persons performing services pursuant to this agreement must be covered by workers' compensation insurance regardless of whether they are "subject workers."

  1. Indemnity. 

9.1  The Agency will be responsible for, and shall defend, indemnify and hold harmless, the District and its officers, employees and agents from third‑party claims arising from the provision of services under this agreement, including third‑party claims arising from: (a) injury to any person or damage to property; (b) breach of the Agency's obligation under this agreement; or (c) in violation of any applicable District policy, rules, regulations and statutes of state or federal government.

9.2  The Agency will not be responsible for third‑party claims resulting solely from the negligence or other wrongful acts or omissions of the District or the District's officers, employees or agents.

  1. Abiding by District Policy/Applicable Laws. 

10.1  The District policies attached hereto as Exhibit A shall be applicable to the administration of this agreement and by this reference are incorporated herein.

10.2  The Agency shall abide by and comply with all statutes, rules, regulations, orders, policies or other legal requirements of any state, federal or local governmental agency that affect this agreement or the provision of services to students of the District.

10.3  In performance of this agreement, the Agency agrees that it shall not discriminate against any person because of race, religion, gender, national origin or disabilities.

10.4  The Agency shall not provide or offer to provide any appreciable, pecuniary or material benefit in connection with this agreement to any officer or employee of the District in violation of ORS Chapter 244 or District policy.

  1. Termination.

11.1   Either party may terminate this agreement for any reason deemed sufficient by that party.  The terminating party will endeavor to give the other party at least written notice thirty (30) days prior to the date of termination, but failure to give such notice will not affect the terminating party's action.

  1. Ownership of Assets.

12.1  Unless other provisions are made prior to purchase, any assets, materials, equipment or supplies purchased by the District or provided by the District shall remain the property of the District upon termination of this agreement.

  1. Resolution of Disputes Arising under this Agreement. 

13.1  In the event of a dispute between the parties, the parties agree to resolve this issue through negotiation, mediation or through other non‑binding alternative dispute resolution.

DOUGLAS COUNTY SCHOOL
COOPERATIVE COMMUNITY AGENCY
DISTRICT NO. 4

 

By: ____________________________________
By: ________________________________

                                                                      

Date: ___________________________________
Date: _______________________________