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HomeMy WebLinkAboutItem 05 - Community Outreach Center ITEM # MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER C DATE: SEPTEMBER 1, 2009 SUBJECT: INTERLOCAL AGREEMENT BETWEEN GCISD AND THE CITY OF GRAPEVINE FOR THE COMMUNITY OUTREACH CENTER RECOMMENDATION: Staff recommends the City Council consider approving an Interlocal Agreement between GCISD and the City of Grapevine for the license of portable buildings located on district property for use as a Community Outreach Center by the Police Department. BACKGROUND On January 24, 2006 the Police Department Community Outreach Center was opened in a donated apartment at the Regional Place Apartment complex. Shortly after opening, it was apparent that more space was needed to provide the services that were being offered at the Center. The apartment management company graciously offered an adjoining apartment at a reduced rate to enhance the Center. For the past three years the Outreach Center has provided many services to the residents in that area and the department has reaped many benefits from those efforts. However, operating a municipal function in such a transient environment has provided many unexpected challenges. As options were being considered to deal with those challenges the school district approached the police department to discuss the possibility of combining our outreach efforts. Those discussions have resulted in an opportunity to solidify the police department's presence in the area while affording the school district the opportunity to provide services directly to an underserved area. This will be accomplished by the use of two portable classroom buildings located on district property next to Mustang-Panther Stadium, and directly in front of the transportation facility, to be used as a permanent Outreach Center. These buildings will provide significantly more space for the Center while allowing for greater visibility. Attached is the agreement negotiated with GCISD that is similar to other joint use agreements with GCISD. MEMORANDUM OF UNDERSTANDING THE CITY OF GRAPEVINE,TEXAS AND THE GRAPEVINE- COLLYEVILLE INDEPENDENT SCHOOL DISTRICT FOR THE LICENSE OF PORTABLE BUILDINGS AND ADJACENT AREAS LOCATED AT THE GCISD TRANSPORTATION CENTER This Memorandum of Understanding (the "Memorandum") is made and entered into by and between the City of Grapevine, Texas, a municipal corporation located in Tarrant County, Texas (the "City") and the Grapevine-Colleyville Independent School District, an independent school district located in Tarrant County, Texas and partially located in the City (the "District") for the license of two portable buildings, the immediate adjacent grounds, and 15 parking spaces in the adjacent parking lot (the "Licensed Area and Facilities") located at the District's Transportation Center, as more particularly described on Exhibit A WHERAS, the City and the District desire to enter into this Memorandum for the license of the Licensed Area and Facilities; and WHEREAS, the City and the District are willing to cooperate with one another to accomplish the use of the Licensed Area and Facilities for a City police community outreach center, and WHEREAS, it is mutually advantageous to both parties to enter into this Memorandum. WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, the City and the District enter into this Memorandum under the authority granted to the City and the District pursuant to the Texas Government Code, Chapter 791, and hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF PREAMBLE All of the matters stated in the preamble of the Memorandum are true and correct and are hereby incorporated into the body of this Memorandum, as though fully set forth in their entirety herein. Rev 8/24/2009 II. OBLIGATIONS OF PARTIES 1. The District licenses the City to use the Licensed Area and Facilities for a police community outreach center for a term beginning August 25, 2009 and ending August 30, 2012. City may not use the Licensed Area and Facilities for a law enforcement processing area. 2. This Memorandum and license shall automatically renew for successive one- year terms unless either party notifies the other of its intent to terminate the license by providing written notice of termination at least 60 days prior to the expiration of any term. In addition, either party may terminate this Memorandum and license at any time by giving the other party 60 days' prior written notice of termination. 3. The District agrees that the City may add restroom facilities to the portable buildings situated in the Licensed Area and Facilities, add concrete sidewalks, concrete pads for picnic tables,picnic tables, grass sod, and two basketball goals where identified on Exhibit A. Additionally,the District agrees that City may move the transportation access gate, erect a new six foot tall cyclone fence to separate parking areas, and remove the existing cyclone fence with barbed wire running along Mustang Drive, also as indicated on Exhibit A. Said improvements shall belong to the District upon termination of this license. The District also agrees that the City may paint the exterior of these portable buildings to match other City facilities using the City's standard shades of rust base and beige trim. 4. The District may, at it sole discretion,require City to install a six foot tall fence along Mustang Drive to replace the cyclone fence being removed in paragraph 2 above, if the District determines that the public's access and use of the grounds or facilities has become a nuisance or detriment to the District. The City will comply with any request by the District to install such a fence within thirty(30) days. 5. The District shall provide City with an access code to the Transportation gate being relocated for the sole use of City's police officers working at the site. All other City personnel shall park in the general parking area available to the public. City agrees not to share the access code with other City personnel. Designated parking spaces within the District compound are reserved for officer patrol cars only. 6. Any breach of this Memorandum shall be cured within 10 days of receipt of written notice of the breach or the Memorandum and license will automatically terminate. In this event, the City shall remove City owned Rev 8/24/2009 furniture, equipment, supplies, etc. within 10 days after the termination date. The City shall leave the Licensed Area and Facilities in the same condition, or better condition, than it found the Licensed Area and Facilities. Upon the City's move-in, the City and the District shall review the Licensed Area and Facilities and take pictures to establish their condition. 7. The City shall use the Licensed Area and Facilities only for the purpose stated in paragraph 1 above. 8. The City shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of District. The City will be liable for any and all damages to the Licensed Area and Facilities, whether caused by City personnel or members of the general public who visit the Licensed Area and Facilities as part of the City's use of same, and the City will promptly reimburse the District for such damages. The City shall be solely responsible for the acts and omissions of its officers,members, agents, servants, and employees.Nothing in this Memorandum shall waive any statutory or common-law immunity or defense of the City or the District. 9. The City agrees to provide its employees to supervise members of the general public while they are using the Licensed Area and Facilities for the purpose of this license. The District agrees to provide its employees to supervise when the District is using the Licensed Area and Facilities. 10. The City accepts the Licensed Area and Facilities"AS-IS" and further agrees to inspect,maintain and repair them in a clean and acceptable condition to the District. Other than the improvements specified in paragraph 2 above, the City shall not install, erect, or otherwise alter or modify the Licensed Area and Facilities without the District's express written consent. 11. The City shall be responsible for cleaning the Licensed Area and Facilities, providing exterior trash containers and trash removal at a frequency acceptable to the District. The District shall continue to provide its typical grounds maintenance on the usual schedule and to maintain the irrigation system. 12. The City shall provide all furniture, equipment,cabling, electrical power, computer access, etc. needed for its programs. 13. The City shall provide all supplies, trash receptacles and liners, etc. necessary to maintain the Licensed Area and Facilities in a clean and orderly state. 14. The City shall install separate meters for water and electricity for the Licensed Area and Facilities and shall be responsible for the costs of these utilities. Rev 8/24/2009 15. The City agrees to reimburse the District for any costs the District incurs as a result of the City's use of the Licensed Area and Facilities. 16. The City acknowledges and agrees that the District may also use the Licensed Area and Facilities for its purposes in providing services to its students, parents, and the community. The District acknowledges and agrees that the City's use of the Licensed Area and Facilities is primary; however, the City agrees to work cooperatively to accommodate the District's needs. 17. The general hours of operation shall be between 6:00 a.m. and 10:00 p.m. but this schedule shall not limit the City's use of the Licensed Area and Facilities. 18. The District shall be entitled to periodically inspect the Licensed Area and Facilities to ensure proper maintenance and to report any maintenance needs. Said inspections shall not relieve the City from its obligation to inspect, maintain and keep in repair the Licensed Area and Facilities. 19. This Memorandum shall not be deemed to create a lease or any other interest in the Licensed Area and Facilities in favor of the City. III. NOTICES Any notice required to be given under this Memorandum shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO District: TO City: GCISD City of Grapevine 3051 Ira E. Woods Avenue 200 S. Main Street Grapevine TX 76051 Grapevine,TX 76051 Attention: Superintendent Attention: City Manager A change of address may be made by either party upon giving ten (10) days prior written notice. IV. MISCELLANEOUS PROVISIONS 1. This Memorandum and license is personal to the City and is not assignable. Rev 8/24/2009 2. The Memorandum constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties regarding the subject matter hereof related to the Licensed Area and Facilities. 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. 4. The Memorandum may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. If, in any case one or more of the provisions contained in this Memorandum shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability shall not affect any other provision hereof and this Memorandum shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Memorandum are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Memorandum. '` 8. In the event either party should bring suit against the other in respect to any matters provided for in this Memorandum, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees in connection with such suit. EXECUTED this the e).`l.t-day of , 2009. CITY OF GRAPEVINE,TEXAS GCIS wo Mayor William D. Tate President, GCISD Board of Trustee ATTEST: ATTE 7 City Secretary S- het. d:CISD Board of Trustees City of Grapevine,Texas GCISD Rev 8/24/2009 EXHIBIT A LICENSED AREA AND FACILITIES SEE ATTACHED Rev 8/24/2009 y. I. •%IL. ..tr Mustang Panther Stadium 111■111 r_N11■11. 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