HomeMy WebLinkAboutItem 14 - Community Outreach Center Addendum to Memorandum of Understanding MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGEF� �--
MEETING DATE: APRIL 21, 2015 add
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:
9. 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 "' day of NCV\- -c- , 2015.
CITY OF GRAPEVINE, TEXAS GCISD
Mayor William D. Tate President, GCISD Board of Trustee
ATTEST: ATTEST:
E
City Secretary Secretary, ISD B and of T tees
City of Grapevine, Texas GCISD
486501
A i
Rcopy
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:
1.
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
l. 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 I 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 ngAL day of � ,,y� , 2009.
CITY OF GRAPEVINE,TEXAS GCISD
---->
aot C�RAJ Mayor William D. Tate President,GCISD Board of Trustee
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,,d''City Secretary Se a k&oAdry, GCISD Board of Trustees
City of Grapevine, Texas GCISD
APPROVED BY COUNCIL
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Rev 8/24/2009
EXHIBIT A
LICENSED AREA AND FACILITIES
SEE ATTACHED
Rev 8/24/2009
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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: WS ,
Ci ecretary tees
City of Grapevine,Texas
CITY OF GRAPEV(NA
Approved by Counc N
Date o o/
ORD/RES o.
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
Ci S cretary Secretary, GCISD Board of Trustees
City of Grapevine,Texas GCISD
CITY OF GRAPEVINE
Approved by Coluncily4N
Date 0
ORD/RE NO
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