R2010-021 - 2010-02-15 RESOLUTION NO. R2010 -21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE PEARLAND
INDEPENDENT SCHOOL DISTRICT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland
and the Pearland Independent School District, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Interlocal Agreement with the Pearland Independent
School District.
PASSED, APPROVED and ADOPTED this the 15 da of February A.D., 2010.
TIM REID
MAYOR
ATTEST:
YG NG L <T'dC
Y SEC TARY
APPROVED AS TO FORM:
12
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010 -21
INTERLOCAL AGREEMENT
BETWEEN PEARLAND INDEPENDENT SCHOOL DISTRICT AND
THE CITY OF PEARLAND
REGARDING LEASE OF DISTRICT FACILITIES
This Interlocal Agreement Regarding Lease of District Facilities (this "Agreement is
made and entered into as of the day of �ebru_o.r.j 2010 by and between
the PEARLAND INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of
Texas, (the "District and the CITY OF PEARLAND, TEXAS, a Texas Municipality, (the
"City
RECITALS
WHEREAS, Both parties desire to enter into this Agreement in accordance with the
provisions of the Interlocal Cooperation Act, being Chapter 791 of the Texas Government Code;
WHEREAS, The City and the District share similar objectives as both are serving a
common base of taxpayers;
WHEREAS, By working together, both entities are able to provide their taxpayers with
more efficient and cost effective programs and services;
WHEREAS, Based on those core beliefs, the Pearland Parks Recreation Department is
dedicated to promoting a higher quality of life for City and District residents through life
enriching programs, developed parks and well maintained facilities that are safe and accessible to
all, and the District supports the City in such endeavors; and
WHEREAS, The District owns the Bailey Road Facility, the entirety of which is
currently not required for District use; however, the District desires to allow the facility to
continue to be used for governmental purposes.
NOW, THEREFORE, in consideration of the promises and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1
AGREEMENT
1. District Responsibilities
a. The District will lease 50,000 square feet of space to the City at the District's
Bailey Road Facility.
b. The Leased Premises, in which the City of Pearland has priority use, shall include
the following areas depicted on Exhibit "A" attached hereto:
1. Cafeteria
2. Auxiliary Gym
3. First Floor Classrooms
4. Common areas on first floor
5. The Dance Room, Competition Gym and Auditorium may be utilized by the
City for City purposes, provided prior written approval is obtained from the
District
c. Upon receipt of the insurance certificates required in this Agreement, the District
will provide keys to the City, which shall be returned upon termination of this Agreement.
d. The District shall provide all utilities (water, sewer, gas, electricity and
telephone), custodial services and routine maintenance, including but not limited to repairs of the
floors, walls, ceilings, roof and mechanical systems or other parts of the leased premises
damaged or worn through normal occupancy conditions of the Leased Premises.
2. City Responsibilities
a. The City's use must be of an educational, cultural, recreational or civic nature.
b. The City shall pay for damages to the Bailey Road Facility resulting from the
City's excessive wear and tear beyond normal usage. Reimbursement of the District for repairs
to the Leased Premises for any damages beyond normal wear and tear shall be due within thirty
(30) days of written request for reimbursement from the District. Failure to reimburse the
District within thirty (30) days of such request will be grounds for early termination of this
Agreement.
c. The City shall not remove any District equipment, furniture or other District
property from the Bailey Road Facility. The City may use District equipment only if prior
arrangements are made with District staff. The City shall have the right to place personal
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property or equipment in and upon the leased premises. All such property and equipment shall
remain the City's property, and the City shall have the right to remove the same at anytime
during the term of this agreement or within 30 days following the termination of this agreement
by either party.
d. The City shall not allow the use of tobacco products, drugs and /or the distribution
of advertising of alcoholic beverages or of dealers in such beverages at the Bailey Road Facility.
e. The City shall at all times comply with all applicable fire and safety regulations of
the Board of Education, the City of Pearland, and the State of Texas during the City's use of the
Leased Premises.
f. The City of Pearland agrees, to the extent allowed by law, that it shall
defend, hold harmless and indemnify the Pearland Independent School District, Board of
Education and employees from any and all demands, claims, losses, suits, actions and legal
proceedings brought against it arising from the City's use of the Leased Premises.
g. Prior to the City's occupancy of the Leased Premises, the City shall provide a
certificate of general liability insurance to the District evidencing coverage in the amount of
$1,000,000 per occurrence /$2,000,000 aggregate, naming the Pearland Independent School
District as an additional insured and including a waiver of subrogation in favor of the District.
The City shall be responsible for insuring its own personal property, contents and employees
(including workers' compensation), and the District shall have no liability or responsibility for
City property or employees.
h. The District may require the City to provide adequate security personnel, at the
City's expense, for any events open to the public or events at which a large number of
participants is expected.
i. The City will only occupy and store items in the Leased Premises. Any additional
storage needs must be agreed upon in writing by the District and the City.
j. If the Leases Premises is damaged by fire or other casualty resulting from any act
of negligence of the District its agents, employees or invitees, lease payments
shall be prorated to reflect the square footage of the Leased Premises that the City
can actually occupy and use.
3. Lease Payments
3
In consideration and as further evidence of the mutual benefits conferred herein, the City
agrees to pay $90,000 annually for approximately 50,000 square feet of the Leased Premises.
The monthly payment of $7,500 shall be payable by the 1 day of each calendar month, to be
prorated for the first and last month of the Agreement term. The lease payment specified herein
is intended to cover the cost of utilities, custodial services and all routine maintenance. In the
event that the parties wish to renew this Agreement for subsequent terms, the lease rate is subject
to adjustment and negotiation at that time. No deposit will be required. Payments delinquent for
more than thirty (30) days shall be grounds for early termination of this Agreement.
4. Term.
This Agreement shall commence on April 1, 2010, and shall terminate on the last day of
March, 2011, unless terminated earlier pursuant to other provisions of this Agreement, or
extended by mutual agreement of the governing bodies of the City and the District.
Notwithstanding anything to the contrary in this Agreement, either party may terminate this
Agreement earlier, without penalty, upon 120 days written notice to the other Party, in which
event, the lease payment for the last month shall be prorated. Early termination for default shall
be governed by the terms of Section 6 of this Agreement.
5. Supervision.
a. The City is responsible for oversight of the Leased Premises during the
Agreement sufficient to maintain order and prevent damage to District property.
b. The areas of the Bailey Road Facility occupied by the City must be secured and
segregated from the areas used by District students during the school day. If the students cannot
be secured and adequately protected from the general public participating in City sponsored
activities during the school day, then the District will require the City to utilize a method to
identify sex offenders, such as the Raptor System, which is identified on pages 48 -49 of the
District's Administrative Guidelines attached hereto as Exhibit "B
c. All City activities must be under competent adult supervision and /or leadership.
The District reserves the right to judge the adequacy of such supervision and if in its judgment it
is advisable to do so, may require a person or persons to be assigned to supervise the function at
the City's expense.
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d. Buildings may not be left without supervision while occupied by members of the
public.
6. Default.
a. The City and its Parks Recreation Department shall comply with all District
policies, state and federal laws and regulations pertaining to District property. Violations of any
applicable policies, laws and regulations shall constitute a default, and this Agreement may be
terminated upon 60 days notice. Before the failure of any party to perform its obligations under
this Agreement shall be deemed a breach, the party claiming such failure shall notify, in writing,
the party alleged to have failed to perform and shall demand performance. With the exception of
a breach resulting from delinquent payment of Lease Payments, no breach of this Agreement
may be found if the alleged default has been corrected within 30 days of the receipt of such
notice. In the event of a termination, the District assumes no liability other than the refund of the
prorated monthly lease payment for the remainder of that month.
7. Notices.
To be effective, notices provided under this Agreement must be in writing, and shall be
deemed to have been received for all purposes upon the earlier to occur of (a) actual receipt by
any reasonable means, or (b) three (3) days after the same is deposited by U.S. certified or
registered mail, return receipt requested, and addressed as follows:
If to the District: Dr. Bonny Cain
Superintendent of Schools
P.O. Box
Pearland, TX 77588 -0007
If to the City: Michelle A. Smith
Director, Parks Recreation
3 519 Liberty Drive
Pearland, TX 77581
8. Assignment.
5
The City shall not have the right to sublease any portion of the Leased Premises or assign
this Agreement in whole or in part.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day
and year first above written.
Pearland ISD Board President Date
//7/
City of Pearland Council Date
es of Pear Secretary 2- Date
of
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Pearland Independent School District
Administrative Guidelines
Topic:
Sex Offender; Procedures to Follow When Individual
Identified Using Raptor System
Reference or Contact Senior Assistant Superintendent for
Support Services
The following is the procedure when a parent/guardian is identified as a registered sex
offender using the Raptor System:
1. Clerical person should press the "yes" button on system,
2. Clerical person asks the person to remain in reception area,
3. Building administrator is notified immediately.
4. Supervising deputy superintendent or supervising assistant superintendent is
notified immediately.
5. Notify SRO, DARE Officer or call the proper department for your location below:
Pearland Police Department (281) 652 -1100
Brookside Police Department (281) 485 -4844
Brazoria County Sheriff Department (281) 331 -6101
6. Do not allow person to leave the reception area without escort by school personnel.
7. Sex offender asking to have lunch with their child is not to go to the cafeteria.
Parent who is the registered sex offender may take their child off campus for the
lunch period if parental rights have not been removed. Make certain parental rights
have not been removed. If you are unable to verify this, the child is not to be taken
from the campus.
Parental Rights of a Registered Sex Offender
1. Parent has the right to receive non personal information about their child and
progress of the child. (Do not release address or phone number.)
Procedures to follow when registered sex offender is not parent and asks to see a
child or take a child out of school, such as, grandparent, uncle, aunt, sibling,
relative, friend.
1. Under no circumstance is a child to be released to or allowed to talk to a registered
sex offender who is not the parent/guardian of the child.
2. Parent is to be notified that the person came to school to visit or pick -up child.
3. Parent cannot give permission for a registered sex offender to take a student off
campus.
Preventative Measures to be Taken by School District and Law Enforcement
1. Law enforcement will supply a list of registered sex offenders to Pearland ISD and
Pearland ISD will match addresses to current students.
—48—
Pearland Independent School District
Administrative Guidelines
Topic:
Sex Offender; Procedures to Follow When Individual
Identified Using Raptor System
Reference or Contact Senior Assistant Superintendent for
Support Services
The following is the procedure when a parent/guardian is identified as a registered sex
offender using the Raptor System:
1. Clerical person should press the "yes" button on system,
2. Clerical person asks the person to remain in reception area,
3. Building administrator is notified immediately.
4. Supervising deputy superintendent or supervising assistant superintendent is
notified immediately.
5. Notify SRO, DARE Officer or call the proper department for your location below:
Pearland Police Department (281) 652 -1100
Brookside Police Department (281) 485 -4844
Brazoria County Sheriff Department (281) 331 -6101
6. Do not allow person to leave the reception area without escort by school personnel.
7. Sex offender asking to have lunch with their child is not to go to the cafeteria.
Parent who is the registered sex offender may take their child off campus for the
lunch period if parental rights have not been removed. Make certain parental rights
have not been removed. If you are unable to verify this, the child is not to be taken
from the campus.
Parental Rights of a Registered Sex Offender
1. Parent has the right to receive non personal information about their child and
progress of the child. (Do not release address or phone number.)
Procedures to follow when registered sex offender is not parent and asks to see a
child or take a child out of school, such as, grandparent, uncle, aunt, sibling,
relative, friend.
1. Under no circumstance is a child to be released to or allowed to talk to a registered
sex offender who is not the parent/guardian of the child.
2. Parent is to be notified that the person came to school to visit or pick -up child.
3. Parent cannot give permission for a registered sex offender to take a student off
campus.
Preventative Measures to be Taken by School District and Law Enforcement
1. Law enforcement will supply a list of registered sex offenders to Pearland ISD and
Pearland ISD will match addresses to current students.
—48—