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:
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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
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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.
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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.
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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.]
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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
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EXHIBIT A
LICENSED AREA AND FACILITIES
SEE ATTACHED
522176
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