HomeMy Public PortalAbout09) 7E Second Amendment to the Agreement with TCUSDDATE :
TO:
FROM:
AGENDA
PARKS AND RECREATION DEPARTMENT ITEM ?.E.
MEMORANDUM
August 2, 2016
The Honorable City Council
Bryan Cook, City Manager (I .fbr
By: Cathy Burroughs, Director of Parks and Recreation CV
SUBJECT: APPROVAL OF SECOND AMENDMENT TO THE AGREEMENT FOR
USE OF FACILITIES WITH TEMPLE CITY UNIFIED SCHOOL DISTRICT
RECOMMENDATION:
The City Council is requested to approve the Second Amendment to the Agreement for
Use of Facilities with Temple City Unified School District for general facility use , extending
the term of the agreement to December 31, 2016.
BACKGROUND:
1. For over thirty years, the City of Temple City and the Temple City Unified School
District (District) have shared facilities through approval of Agreements for Use of
Facilities (Agreement).
2. On August 25, 2011 , a five year Agreement was entered into by the City and
District which included compensation of $25,000 from the City to the District for
Fiscal Year (FY) 2011-12 and a 3% increase for each subsequent year.
3. On March 18, 2016, City staff met with District staff to begin discussions on a new
Agreement.
4. On April 5, 2016, City and District staff met again regarding use of facilities. At
that time, District staff indicated the Board of Education (Board) was receptive of
extending the existing Agreement, on the same terms, through the end of the
City's summer recreation programs, August 19, 2016.
5. On May 17, 2016, the City Council approved the First Amendment to the
Agreement extending th e term of the Agreement to August 19, 2016.
6. On June 15, 2016, during their regular meeting, the Board received a presentation
on a Facility Use Fee Study from Dolinka Group. The Board took no action at that
time but will continue discussions on the Fee Study over the next several months.
City Council
August 2, 2016
Page 2 of 2
7. On June 30, 2016, City staff provided a draft Second Amendment to the
Agreement to the District for review extending the term of the current Agreement
to December 31 , 2016.
ANALYSIS:
The current Agreement between the City and the District was due to expire on June 30,
2016. An Amendment to the Agreement was approved by the City Council and Board
in May, extending the term of the Agreement to August 19, 2016 to accommodate the
City's summer recreation programs while a Facility Use Fee Study was being prepared
for the District. The District's Facility Use Fee Study was recently completed and
presented to the Board at their June 15, 2016 Board Meeting. Recommendations for
new fees may take several months. The District intends to complete this process
before negotiating terms of a new Agreement with the City. To continue to
accommodate the City's recreation programs over the next few months, and the
District's use of City facilities, specifically their Back to School teacher gathering at Live
Oak Park on August 22 , 2016, the current Agreement will be extended through
December 31 , 2016.
The City Attorney's office has reviewed and approved the attached Second 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 July 27, 2016.
CITY STRATEGIC GOALS:
Approval of the Second Amendment to the Agreement for Use of Facilities with Temple
City Un ified 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 budget for this
purpose.
ATTACHMENT:
A. Second Amendment to the Agreement for Use of Facilities with Temple City
Unified School District
ATTACHMENT A
SECOND AMENDMENT TO
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: , 2016 ------
SECOND AMENDMENT TO AGREEMENT FOR USE OF FACILITIES WITH
TEMPLE CITY UNIFIED SCHOOL DISTRICT
This Second Amendment to Agreement for Use of Facilities with Temple City Unified
School District ("Second 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. 20 II ("'Agreement"). The Agreement provides that City and
District fac ili ties 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 w ill terminate on June 30,
2016.
C. City and Di strict approved the First Amendment to Agreement for Use of Facilities on May
17. 2016 amending Section vrrr to provide that the term of the Agreement was extended
to August 19, 2016.
D. This Second Amendment further amends Section VIII to provide that the term of the
Agreement will be extended to December 31, 2016.
OPERATIVE PROVISIONS
NOW, THEREFORE, in considerati on of the promises made and recited herein, the parties
do hereby enter into this Second Amendment which modifies and amends the Agreement as
follows:
AMENDMENT. Section VIII of the Agreement is hereby amended to read as fo llows:
COMME CEME T A D TERMINATIO
This Agreement and the services hereunder shall commence on July 1, 20 I I and shall
thereafter continue to and including the 31st day of December, 2016 and at the option of either
agency be renewed for successive periods of time as agreed upon by and between CITY and
DISTRICT.
Notwithstanding any other provisions of this Agreement to the contrary, 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
thjs Second Amendme nt, all other terms and conditions of the Agreement remain in full force and
effect and binding upon the parties.
1.2 Integration. Thi s Second 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 Second Amendment.
1.3 Effective Date. This Second 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 thi s Second Amendment.
1.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Second Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in this Second
Amendment.
IN WITNESS WHEREOF, the parties hereto ha ve executed this Second Amendment to
the Agreement on the date and year set forth below next to their respective signatures.
Dated: July_, 2016
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Anorney
Dated: July _, 2016
APPROVED AS TO FORM:
Sharon Suarez, Esq.
Orbach Huff Suarez & Henderson LLP
THE CITY OF TEMPLE CITY:
By:
~~--~~~~~---------Bryan Cook, C ity Manager
TEMPLE CITY UNIFIED SCHOOL DISTRICT:
By:
~~--~~~~~~~~--~~~ Marianne Sarrail, Chief Business Official