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HomeMy WebLinkAboutInterlocal Agreement • INTER-LOCAL AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN COLLEGE STATION INDEPENDENT SCHOOL DISTICT AND THE CITY OF COLLEGE STATION, TEXAS THIS AGREEMENT is made and entered into by and between COLLEGE STATION INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as "CSISD"), acting through its Board, and the CITY OF COLLEGE STATION, TEXAS (hereinafter referred to as the "City"), a Texas Home Rule Municipal Corporation. (CSISD and the City may be referred to hereinafter either individually as the "Party" or"Agency" or collectively as the"Parties" or the"Agencies".) WHEREAS, CHAPTER 791 OF THE TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to provide a governmental function or service that each Party to the contract is authorized to perform individually and in which the contracting Parties are mutually interested, such as administrative functions, planning, parks and recreation and engineering; and WHEREAS, the City is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 OF ITS CITY CHARTER; and WHEREAS, the City and CSISD represent that each is independently authorized to perform the functions contemplated by this Agreement; and WHEREAS, the governing bodies of the City and CSISD are mutually interested in providing high quality programs for education and leisure activities (herein referred to as "programs") for the citizens of College Station in a cost-effective manner; and WHEREAS, full cooperation between the City and CSISD is necessary to achieve the best services for the citizens of College Station in a cost effective manner; NOW THEREFORE, the City and CSISD herein enter into this Agreement pursuant to the above-named Act to authorize their representatives to cooperate by allowing the joint use of areas and facilities (herein referred to collectively as "facilities") under the following terms and conditions: A. Obligations of Each Agency for Use of Facilities. 1. CSISD will make available to the City for community programs, all school facilities which are suitable for such programs; these facilities are to be selected by the City Manager or his designee, subject to approval of the Superintendent of CSISD, or his designee. May 16,2005 CSISD Inter-Local Agreement 2004 Page 1 of 7 2. The City will make available to the CSISD for school programs all park facilities which are suitable for such programs; these facilities are to be selected by the Superintendent or his designee, subject to approval of the City Manager, or his designee. 3. All established facility rules and regulations will apply to users from both Agencies. Any additional costs for personnel, equipment or supplies that may be required for a program will be arranged in advance through the specific facility manager and those costs will be the responsibility of the facility user. 4. Each Agency shall be responsible for the maintenance, utilities and reasonable janitorial services for their own facilities regardless of user group, except as otherwise provided herein. The user groups shall be responsible for reasonable care and protection of the facilities and equipment provided for programs as well as for any damages that may occur as a result of these programs, except for normal, everyday wear and tear. 5 Each Agency will submit to the other Agency coordinated at different times each year, a schedule of proposed dates for the use of the other's Facilities. Each Agency will have first priority for use of their respective Facilities. The second priority for use will be granted to the other Agency. All other groups will have subsequent priority; provided however, that an owner Agency may cancel a user Agency's use of the facilities upon written notice no later than three (3) months days in advance of the scheduled use. 6. Both Agencies shall cooperate to make information about their respective programs and facilities available to the citizens of the community. 7. A consolidated annual report of joint use activities will be prepared and submitted to the City Manager and Superintendent of Schools by December 1st for the previous fiscal year. 8. Each Agency agrees to pay for the services and functions to which they are obligated under this Agreement from current revenues. 9. Insurance. ???Both Agencies shall obtain and maintain general liability coverage and public officials' liability coverage for the term of the Agreement, or maintain a comparable self-insurance program. B. Obligations for Potential Joint Acquisition of Property and Development of Facilities. 1. Both Agencies agree that all future land purchases for parks or school sites may be discussed jointly as those needs arise to foster potential cooperative school/park developments. Final determination for a particular site rests with the purchasing Agency. 2. Both Agencies agree that, on future sites as well as existing sites mutually agreed upon for school/park developments, the purchase and development costs for the park May 16,2005 CSISD Inter-Local Agreement 2004 Page 2 of 7 facilities will be shared. The proportional costs will be determined in advance for each site dependent upon the type of school and size of the park subject to final approval by the governing bodies of each Agency. C. Obligations for Joint Operation of Specific Facilities and Programs. 1. Both Agencies agree that joint operation of the Kids Klub after school care program is a mutual benefit to the citizens of College Station. Financial administration, participant registration, and provision of Facilities are the responsibility of CSISD. Daily operation, staff training, supervision, and curriculum development are the responsibility of the City. Specific operational information and details are contained in the `Operation of Kids Klub After School Care Program', which shall be updated on an annual basis and is attached to this agreement as EXHIBIT "A". EXHIBIT "A" is incorporated herein by reference, as amended from time to time. 2. Both Agencies agree that the joint operation of the CSISD Natatorium is of mutual benefit to the citizens of College Station. CSISD shall be responsible for the chemicals, utilities, supplies, and maintenance of the natatorium. The City shall be responsible for the staff, recruitment, training, and daily operations of the natatorium. Specific operational information and details are contained in the `Operation of the Natatorium Facility', which shall be updated on an annual basis and is attached to this agreement as EXHIBIT "B". EXHIBIT "B"is incorporated herein by reference, as amended from time to time. 3. Both Agencies agree that the joint operation of the XTRA Education (community education) program is a mutual benefit to the citizens of College Station. The financial administration, curriculum development, instructor recruitment, and daily operation of the program shall be the responsibility of the City. CSISD shall be responsible for the use of Facilities and for joint marketing of the program. Specific operational information and details are contained in the `Operation of the XTRA Education Program', which shall be updated on an annual basis and is attached to this agreement as EXHIBIT "C". EXHIBIT "C" is incorporated herein by reference, as amended from time to time. D. Terms of Agreement. 1. The terms of this Agreement shall be in effect for five (5) years from the date upon which the Agreement is fully executed. Upon the expiration of five (5) years, the Parties may renegotiate the terms of this Agreement. 2. This Agreement may be terminated at any time and for any reason without liability by either Party upon thirty (30) days written notice as provided herein, and subject to the limitations herein. May 16,2005 CSISD Inter-Local Agreement 2004 Page 3 of 7 • E. Hold Harmless. The City and CSISD each individually agree to hold the other harmless from and against any and all claims, losses, damages, causes of action, suits, and liabilities of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury or death of any person, for damage to any property, arising out of or in connection with the work done under this Agreement. F. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The Parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. G. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. College Station Independent School District 1812 Welsh College Station, Texas 77840 Attn: Superintendent of Schools City of College Station P. 0. Box 9960 College Station, Texas 77842-9960 Attn: City Manager H. Entire Agreement. It is understood that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. May 16,2005 CSISD Inter-Local Agreement 2004 Page 4 of 7 I. Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of each Party. J. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. K. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. L. Authority to Enter Contract. Each Party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. M. Waiver. Failure of either Party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. N. Agreement Read. The Parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 0. Assignment. May 16,2005 CSISD Inter-Local Agreement 2004 Page 5 of 7 This Agreement and the rights and obligations contained herein may not be assigned by either Party without the prior written approval of the other Party. P. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED on this the day of , 2005. COLLEGE STATION INDEPENDENT SCHOOL DISTRICT By: Marc Chaloupka, Board President College Station Independent School District STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of 2005, by Marc Chaloupka, in his capacity as Board President of College Station Independent School District, a political subdivision, on its behalf. Notary Public in and for the State of Texas My Commission expires on: CITY OF COLLEGE STATION By: Ron Silvia, Mayor City of College Station May 16,2005 CSISD Inter-Local Agreement 2004 Page 6 of 7 Attest: Connie Hooks, City Secretary APPROVED: Thomas E. Brymer, City Manager Date City Attorney Date Jeff Kersten, Finance and Strategic Planning Director Date STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of 2005, by Ron Silvia, in his capacity as Mayor of the City of College Station, a Texas home- rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas My Commission expires on: May 16,2005 CSISD Inter-Local Agreement 2004 Page 7 of 7