Loading...
HomeMy WebLinkAboutItem 14 - Community Outreach Center Addendum to Memorandum of UnderstandingMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGEFO �__ MEETING DATE: APRIL 21, 2015 SUBJECT: COMMUNITY OUTREACH CENTER — ADDENDUM TO MEMORANDUM OF UNDERSTANDING RECOMMENDATION: City Council to consider approval of Addendum 3 to the original Memorandum of Understanding (MOU) with the Grapevine-Colleyville Independent School District (GCISD) for the Community Outreach Center. BACKGROUND: On September 1, 2009, City Council approved a MOU with GCISD for the Community Outreach Center. Since that time, two changes occurred in 2011 and 2013 requiring addendums to the original MOU. The GCISD Board has approved this third addendum. Addendum 3 requests the addition of a multi-purpose sport court, the addition of one drive lane and 26 parking spaces. The original MOU and addendums are attached for your information. Staff recommends approval. KM/ES Attachment 4/15/2015 (12:22:01 PM) THIRD ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN 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 The original Memorandum of Understanding (MOU) was approved by the GCISD Board of Trustees (District) on August 24, 2009, and the Grapevine City Council (City) on September 1, 2009, and has been amended twice. Those amendments were approved as follows: • First Addendum by District on August 29, 2011, and by City on January 7, 2014. • Second Addendum by District on November 18, 2013, and by City on January 7, 2014. This Third Addendum incorporates changes or additions from the prior Addendums and further replaces or revises the paragraphs listed. In Section II of the Memorandum of Understanding, replace paragraph 3 with the following: 3. The District agrees that City may add, at it's sole cost and expense, restroom facilities to the portable buildings situated in the Licensed Area and Facilities add concrete sidewalks, concrete pads for picnic tables, grass sod, a small play structure east of the concrete pads and portable buildings, six wood benches and an outdoor multi -use sports court where identified on Exhibit B. The new sports court will eliminate existing parking at the site, therefore, the City agrees to remove two basketball poles and goals currently in the parking lot at the site and to add an access driveway and no less than 26 parking spaces where identified on Exhibit B. City agrees that all improvements shall belong to the District upon termination of this license. The District also agrees that the City may paint the exterior of the portable buildings to match the other City facilities using the City's standard shades of rust base and beige trim. In Section II, paragraphs 4 and 10, change the references to paragraph 2 in those paragraphs to references to paragraph 3. In Section II of the Memorandum of Understanding, replace paragraph 5 with the following: 5. The District shall provide City with an access code or access cards to the Transportation gate for the sole use of City's police officers and the City Community Outreach Coordinator working at the site. All other City personnel shall park in the general parking area available to the public. This does not include the spaces identified for District personnel, vehicles and equipment. City agrees not to the share the access code with other City personnel. City shall enforce the parking restrictions. In Section II of the Memorandum of Understanding, add the following to the end of paragraph 9: City agrees to assist with increasing safety for District's employees by monitoring the Licensed Area, District parking areas, and the culverts and drainage area for inappropriate and/or illegal activities and to address any such activities. In Section II of the Memorandum of Understanding, add the following to the end of paragraph 14: City shall monitor and ensure that events at the site make use of the City's electrical and water sources. Add the following paragraph to Section IV: Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. Exhibit B is added to the Memorandum of Understanding to indicate the locations of the new sports court, new driveway and additional parking spaces at the site. EXECUTED this the --L 3 `qday of CITY OF GRAPEVINE, TEXAS Mayor William D. Tate ATTEST: City Secretary City of Grapevine, Texas 486501 ' CY%-O-�2015. GCISD fk4lk President, GCISD Board of Trustee ATTEST: E {q Secretary, ISDB and of T tees GCISD MEMORANDUM OF UNDERSTANDING BETWEEN 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 Il. OBLIGATIONS OF PARTIES 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. 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. 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. 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. The City shall use the Licensed Area and Facilities only for the purpose stated in paragraph I above. 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. 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. IT 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. 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: GCISD 3051 Ira E. Woods Avenue Grapevine TX 76051 Attention: Superintendent TO City: City of Grapevine 200 S. Main Street Grapevine, TX 76051 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. 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 nq*fL day of �,,y , 2009. CITY OF GRAPEVINE, TEXAS GCISD Mayor William D. Tate ~"' Y !f �'3 President, GCISD Board of Trustee City Secretary VC/ City of Grapevine, Texas APPROVED BY COUNCIL 09- ©1- aoaq Rev 8/24/2009 try , GCISD Board of Trustees GCISD EXHIBIT A LICENSED AREA AND FACILITIES SEE ATTACHED Rev 8/24/2009 -• a L f %u $4 AL E "r GCISD Transportation Items to be - Removed 1n Blue.'5 Gate To Tronsportatiol E New Items In Red P Poilce Parklne.-' (mdrkpd) O Basketball Goals pyx ® Parking Spaces to b left open New Gate New Decking Public r4- 1 Parking l.a t r P P P P P 6' Cyclone Move ' F New Fence 'Ggty H New Sidewalk L � 3� s ` a Portable Portable — a Concrete Pads Remove Fencing __. (Along Stree ` w New Stairs r _ New Stalr µ Mustang Drive ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN 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 The following addition is made to Section I1 of the Memorandum of Understanding (MOU) that was entered into in August 2009. "The District agrees that City may add, at the City's expense, a small play structure east of the concrete pads and portable buildings as indicated on the attached Exhibit." Exhibit A is attached to this Addendum and shall replace the original one attached to the MOU. EXECUTED this they -`today of , 2011. CITY OF GRAPEVINE, TEXAS GC Ma or William D. Tate President, GCISD Board of Trustee ATTEST: 4)6A� _mim4A- CitkAecretary City of Grapevine, Texas CITY OF GRAPEV(NA Approved by Counc N Date ojlooI9 ORD/RES o. WS, tees OFFICIAL RECORD SECOND ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN 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 The following addition is made to Section II, paragraph 3 of the Memorandum of Understanding (MOU) approved on August 24, 2009, by the GCISD Board of Trustees and the Grapevine City Council on September 1, 2009, and further updated by an Addendum approved August 29, 2011 and September 2011 respectively. The District agrees that City may add, at the City's expense, six wood benches where indicated on the attached Exhibit A. Exhibit A is attached to this Addendum and shall replace the Exhibit attached to the MOU in 2011. EXECUTED this the -1 day of k<<;w)v, 2013. CITY OF GRAPEVINE, TEXAS GCISD 4i�k— �& e, A. 444 xl-x I,. Mayor William D. Tate Prisiderli, GCISD Board o rustee ATTEST: ATTEST: �J <0"�Gy�yw� ew�� — CiS cretary Secretary, GCISD Board of Trustees City of Grapevine, Texas GCISD CITY OF GRAPEVINE Approved by Coluncily4N Date 0 ORD/RE No. 07 r` f "•. w�....:01 GCISD Transportattoo Items to be Rtoww b1 Nkm NOV Ite"S to Red P PoOce Porkb+p (rwrked) Q Basketbott Goals ® Parking Spaces to left open , New Decking Addltlomt ,k" lqen M Eblwve CUM) t 0 o -o Mustang Drive Gate To