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HomeMy WebLinkAboutItem 11 - Community Outreach Center MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER ��� MEETING DATE: FEBRUARY 7, 2017 SUBJECT: COMMUNITY OUTREACH CENTER MOU RECOMMENDATION: City Council to consider approving an amendment to the interlocal agreement befinreen 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 September 1, 2009, Council approved a Memorandum of Understanding with Grapevine/Colleyville Independent School District for the Community Outreach Center. Since that time, three changes have occurred requiring an addendum to the original MOU. Those changes included the addition of a playground on the property, the addition of a sport court and the reconfiguration of the fence surrounding the property. On September 26, 2016 the GCISD Board of Trustees approved this agreement to add sections discussing the transportation services provided by the district for outreach programs, and the specified hours of parking for outreach programming at the site. Action is now needed by the Council to formalize this amendment. Staff recommends approval. cm/BR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF GRAPEVINE, TEXAS AND THE GRAPEVINE- COLLYEVILLE INDEPENDENT SCHOOL DISTRICT FOR THE LICENSE OF PORTABLE BUILDINGS,ADDITIONAL IMPROVEMENTS AND ADJACENT AREAS AND PARKING SPACES LOCATED AT THE DISTRICT'S 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 portable buildings, additional improvements, the immediate adjacent grounds, and parking spaces in the adjacent parking lot (the "Licensed Area and Facilities") located at the District's Transportation Center, as more particularly depicted on Exhibit A. WHEREAS, the City and the District originally entered a similar Memorandum of Understanding covering the Licensed Areas and Facilities that was approved by the District on August 24, 2009, and by the City on September 1, 2009 (the "Original Memorandum"); and WHEREAS, the City and the District amended the Original Memorandum three times by way of three addenda: the First Addendum being approved by the District on August 29, 2011 and by the City on January 7, 2014; the Second Addendum being approved by the District on November 18, 2013 and by the City on January 7, 2014; and the Third Addendum being approved by the District and the City on March 23, 2015 (the "Addenda"); and WHERAS, the City and the District desire to enter into this new Memorandum to consolidate the terms of the Original Memorandum and the three Addenda into one document, and to further amend the Original Memorandum to make additional changes to the nature of the license of the Licensed Area and Facilities; 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: Rev 9/8/2016 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. IL 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 September 27, 2016 and ending August 30, 2017. The community outreach programs operated by the City will include programs designed for youth provided by the City's Police Department, and English as a Second Language and Jobs Training Programs for adults. The 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 to provide school bus transportation to support the City's outreach programs for youth. The City agrees to pay the District for this transportation support based on the District's standard rates in effect from time to time during the term. 4. The Licensed Area contains a public parking area as indicated in E�ibit A. The District shall provide City with an access code or access cards to the Transportation gate located at the Licensed Area for the sole use of City's police officers and the City's Community Outreach Coordinator. This provides access to the restricted parking area that is designated for District personnel, vehicles and equipment. Additionally, during the hours of 4 p.m. to 7:0 p.m. Monday through Thursday, visitors and participants in programs may park in unmarked spaces located in the restricted parking area. The access gate shall be open for this purpose. At all other times, visitors and program participants shall park in the public parking area of the Licensed Site. City shall enforce the parking restrictions. 5. 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 9/8/2016 furniture, equipment, supplies, etc. within 10 days after the termination date. All improvements that have been made or may hereafter be made by the City to the Facilities and Licensed Areas are the property of the District and shall remain on the Facilities and Licensed Area after any termination of this license. The City shall leave the Licensed Area and Facilities in the same condition, or better condition, than it found the Licensed Area and Facilities. The District has examined the Licensed Area and Facilities and has taken pictures to establish their condition. 6. The City shall use the Licensed Area and Facilities only for the purpose stated in paragraph 1 above. 7. 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, invitees and employees. Nothing in this Memorandum shall waive any statutory or common-law immunity or defense of the City or the District. 8. 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. The City agrees to assist providing safety for the District's employees by monitoring the Licensed Area and Facilities, District parking areas, and the culverts and drainage areas for inappropriate and/or illegal activities, and to address any such activities. 9. Recognizing that the City has used the Licensed Area and Facilities for over five years, the City accepts the Licensed Area and Facilities "AS-IS" and further agrees to inspect, maintain, repair and return them in a clean and acceptable condition to the District. Other than the improvements that have previously been approved by the District and made by the City, the City shall not install, erect, or otherwise alter or modify the Licensed Area and Facilities without the District's express written consent. Any improvements approved by the District and made by the City shall become the property of the District upon the expiration or earlier termination of this Memorandum. 10. 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. Rev 9/8/2016 11. The City shall provide all furniture, equipment, cabling, electrical power, computer access, etc. needed for its programs. 12. 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. 13. The City shall install and maintain separate meters for water and electricity for the Licensed Area and Facilities and shall be responsible for the costs of these utilities. The City shall monitor and ensure that its events at the Licensed Area and Facilities make use of the City's electrical and water sources. 14. 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. 15. 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. 16. The general hours of operation shall be between 6:00 a.m. and 10:00 p.m. 17. 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. 18. 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 to the other party. Rev 9/8/2016 IV. MISCELLANEOUS PROVISIONS 1. This Memorandum and license are personal to the City and is not assignable. 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 pariy 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 attomeys' fees in connection with such suit. 9. Each party paying for the performance of governmental functions or services pursuant to this Memorandum must make those payments from current revenues available to the paying party. [Signatures appear on the following page.] Rev 9/8/2016 EXECUTED this the day of � , 2016. CITY OF GRAPEVINE,TEXAS Grapevine-Colleyville ISD William D. Tate,Mayor Leon Leal President, Board of Trustee ATTEST: ATTEST: City Secretary Jesse Rodriguez Secretary, Board of Trustees Rev 9/8/2016 EXHIBIT A LICENSED AREA AND FACILITIES SEE ATTACHED 522176 Rev 9/8/2016 � C N L � V C Y x � N'- N� � . . .�(- � s : f Z .. . . . � 31. (�❑ , . . . �' '4�`.a.pq�¢�n�'..�°`�`... . �r N � .. ._�- '_ e � �, ., r .� ,LY . �- ._.. .�_. .'r' ,�• �:, ��r.-. .. •U� - Ie _.�.._ ..ek.Tr�..�'`''- .�r'� ._ _� . _.. . �--, ` a - � a R ,`�� . �_ . � 3 �e: . 1�., —_. ^ . _. . ..r�—� ---_._—'�' ' - - ...... �. 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