HomeMy Public PortalAbout05) 7C FIRST AMENDMENT USE OF FACILITIES AGREEMENT WITH TCUSDCity Council
May 17,2016
Page 2 of 2
ANALYSIS:
The current Agreement between the City and the District expires on June 30, 2016.
City and District staff have begun discussions on a new multi-year agreement. During
discussions, District staff indicated the District would be completing a Cost of Services
Study (Study), similar to that prepared by Revenue & Cost Specialists, LLC for the City
in 2011. The District plans to complete the Study and review the results before
negotiating terms of a new Agreement with the City. In the interim, to accommodate
the City's summer recreation programs, the District is supportive of extending the
current Agreement through August 19, 2016, when the City's youth recreation programs
conclude.
The City Attorney's office has prepared the attached First Amendment to the
Agreement for Use of Facilities with Temple City Unified School District (Attachment
"A"). The District's Board of Education is expected to consider approval of the
Amendment at their regular meeting on May 11, 2016.
CITY STRATEGIC GOALS:
Approval of the First Amendment to the Agreement for Use of Facilities with Temple City
Unified School District furthers the City's Strategic Goals of Good Governance and
Quality of Life.
FISCAL IMPACT:
Sufficient funds have been included in the Fiscal Year (FY) 2016-17 proposed budget for
this purpose.
ATTACHMENT:
A First Amendment to the Agreement for Use of Facilities with Temple City Unified
School District
FIRST AMENDMENT TO THE
AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
by and between
the
CITY OF TEMPLE CITY
and
TEMPLE CITY UNIFIED SCHOOL DISTRICT
Dated: May 17, 2016
FIRST AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH TEMPLE
CITY UNIFIED SCHOOL DISTRICT
This First Amendment to Agreement for Use of Facilities with Temple City Unified
School District ("First Amendment"), which is dated for reference as indicated on the
cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a
California charter city ("City"), and Temple City Unified School District, a governmental
entity ("District"), as follows:
RECITALS
A. City and District entered in an Agreement for Use of Facilities with Temple City
Unified School District on August 25, 2011 ("Agreement"). The Agreement
provides that City and District facilities will be available for use for each other's
programs that serve the community as specified therein.
B. Section VIII of the Agreement provides that the Agreement will terminate on June
30, 2016.
C. This First Amendment amends Section VIII to provide that the term of the
Agreement will be extended to August 19, 2016.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,
the parties do hereby enter into this First Amendment which modifies and amends the
Agreement as follows:
AMENDMENT. Section VIII of the Agreement is hereby amended to read as
follows:
COMMENCEMENT AND TERMINATION
This Agreement and the services hereunder shall commence on July 1, 2011 and
shall thereafter continue to and including the 19th day of August, 2016, and at the
option of either agency be renewed for successive periods of time as agreed upon
by and between the CITY and DISTRICT.
Notwithstanding any other provisions of this Agreement to the contra1y, this
Agreement may be terminated at any time by either party hereto by a thirty (30) day
notice in writing.
GENERAL PROVISIONS.
1.1 Remainder Unchanged. Except as specifically modified and
amended in this First Amendment, all other terms and conditions of the Agreement
remain in full force and effect and binding upon the parties.
1.2 Integration. This First Amendment consists of pages 1 through 3,
inclusive, which constitute the entire understanding and agreement of the parties and
supersedes all negotiations or previous agreements between the parties with respect to
all or any part of the terms of this First Amendment.
1.3 Effective Date. This First Amendment shall not become effective
until the date it has been fully executed by the appropriate authorities of the City and
District as set forth below.
1.4 Applicable Law. The laws of the State of California shall govern
the interpretation and enforcement of this First Amendment.
1.5 References. All references to the Agreement include all their
respective terms and provisions. All defined terms utilized in this First Amendment have
the same meaning as provided in the Agreement, unless expressly stated to the
contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to the Agreement on the date and year set forth below next to their
respective signatures.
Dated: May_, 2016
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
THE CITY OF TEMPLE CITY:
By: --r;c::-:-::-:"""=-=~""'-.-::c::-::-:::-::c:--Bryan Cook, City Manager
TEMPLE CITY UNIFIED SCHOOL DISTRICT:
Dated: May_, 2016 By:
"M7a~r~ia~n~ne~s~a=rr~ai"I,7C~h~ie~fnB~u~si~n~es~s~O~ff~i~ci~al
APPROVED AS TO FORM:
Sharon Suarez, Esq.
Orbach Huff Suarez & Henderson, LLP