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R2009-170 - 2009-10-26 No Action No Action Taken October 26, 2009 RESOLUTION NO. R2009 -170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A LEASE AGREEMENT WITH THE PEARLAND INDEPENDENT SCHOOL DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Lease 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 a Lease Agreement with the Pearland Independent School District. PASSED, APPROVED and ADOPTED this the day of A.D., 2009. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT Au a PISD FACILITY USER AGREEMENT FOR CITY OF PEARLAND PEARLAND PARKS RECREATION For January 1, 2010 SEPTEMBER 30, 2010 The parties to this lease agreement are the Pearland Independent School District (the "District") and the City of Pearland, Texas (the "City The following facilities (the "Leased Facilities are hereby leased to the City for its exclusive use, except as noted below, for the term of this agreement. The City shall have the right to rent to other entities and individuals the use of the Leased Facilities upon prior written approval by Pearland ISD. Bailey Road Campus Cafeteria Gyms (Large gym will be used by Pearland ISD from 2:30 pm to 6:30 pm Monday thru Friday) First Floor Classrooms Office suite Common areas on first floor Auditorium (used only after school hours and must be booked in writing through the district Band Hall and Dance Room will be used by Pearland ISD and are hereby excluded from this agreement The District reserves the right to reject any requests not in the best interest of the District. Contacts for this agreement are: Colene Cabezas, Recreation Superintendent with the City of Pearland 281 652 -1819 CCabezasCaci.pearland.tx.us Keith Ordeneaux, Facilities Manager with PISD 281 485 -3203 ordeneauxk@apearlandisd.orq 1. PHILOSOPHY. Public school buildings are provided primarily for the regular educational program of the Pearland Independent School District and they must be maintained at all times in a satisfactory manner for this essential purpose. The Board of Education has attempted to provide maximum use of public school facilities within the framework that will assure the taxpaying public that school facility use is in no way detrimental to the regular educational program. The use of public school facilities outside of school hours will be granted for non profit educational, cultural, recreational and civic activities as freely as is consistent with the statutes, the primary purpose of the schools, and the rules and regulations of the Board of Education. The District reserves the right to reject any requests not in the best interest of the District. At all times, the District's primary concern is the protection, security and safety of the students. The City embraces the District's philosophy as both governmental entities are serving the same base of taxpayers. By our two entities' working together we are able to provide those taxpayers with more efficient and cost effective programs and services. The City developed core beliefs are that we are: responsive, results- oriented, trust builders and accountable. Based on those core beliefs, the Pearland Parks Recreation Department is dedicated to promoting a higher quality of life for our residents through life- enriching programs, developed parks and well maintained facilities that are safe and accessible to all. 2. PURPOSE. The purpose of this agreement is to provide opportunities for citizens to participate in educational and recreational activities through the establishment of a building and facilities rental fee schedule and procedures. 3. CONDITIONS. The following guidelines shall apply to all nonschool groups desiring to use District facilities in accordance with policy GKD [Local], policy GKD [LEGAL] and applicable administrative regulations. a. The program of activities must be suited to the available facilities; they must be of an educational, cultural, recreational or civic nature. b. Except as otherwise provided in this policy, at least 60 percent of the membership of any group using District facilities must be District residents. c. Minors shall not be permitted to assume responsibility for engaging the use of school facilities. d. All users shall restore the facilities to the condition in which the group found them prior to use. Designated administrators shall use checklists or other means to document the original condition. e. The City shall pay for any damages to the property resulting from said use of the facilities. Misuse or abuse of the equipment or facilities may result in immediate denial of further use. The City shall pay for damages to equipment or facilities that are commonly used to the extent said damage is beyond the normal use /wear and tear of said equipment or facilities. f The City shall comply with all applicable written policies and administrative guidelines of the District. Non compliance may result in immediate termination of this lease agreement by the District giving the City thirty (30) days to vacate the premises. g. Certain equipment, such as movable audio visual equipment and instructional materials, shall not be available for nonschool use. h. Use of the school buildings and their equipment shall be authorized upon written contract issued by the Facilities Manager in accordance with the rules of the Board of Education. i. Use of public school facilities for subversive purposes, for private gain or for any purpose not in the public interest is prohibited. j. Smoking and the use of tobacco products, drugs and /or the distribution of advertising of alcoholic beverages or of dealers in such beverages in school buildings or on school premises are prohibited. k. All applicable fire and safety regulations of the Board of Education, the City of Pearland, the City of Brookside and the State of Texas must be followed at all times. 1. 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, suits, action and legal proceedings brought against it from the use of facilities. m. A certificate of general liability insurance shall be issued to the district prior to the use of a facility in the amount of $1,000,000 per occurrence /$2,000,000 aggregate with Pearland Independent School District listed as the additional insured and waiver of subrogation. The City's general liability policy shall be the primary insurance policy. n. Events open to the public or events at which a large number of participants are expected may require the use of security personnel. The District may request /require the City to provide security personnel to be paid for by the City. 4. SUPERVISION. The City's assigned supervisor is responsible for oversight of the building and facilities used during the agreement term. All renting groups must provide adequate supervision to maintain order and prevent damage to school property. a. The areas of the building occupied by the City must be secured and segregated from the areas used by the students during the school day. If the students cannot be secured and adequately protected from the general public participating in the City's 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 47 -48 of the District's Administrative Guidelines. b. All 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 the function and the applicant pay for the services. c. Buildings may not be left without such supervision while occupied. 5. CONDUCT. The Parks Recreation Department shall comply with the policies and regulations as established by the district for the facility to be used. Violations of these policies, rules and regulations or inaccurate or untruthful statements in the application may place the organization on the ineligible list for future use of school facilities. This agreement may be terminated upon thirty (30) days notice if district policies and /or administrative guidelines are violated. In case of termination, District assumes no liability other than the refund of the prorated monthly lease payment for the remainder of that month. 6. GYMNASIUMS. Gymnasiums shall be rented only where adequate protection of the gym floor and participants has been assured by the renting agency. The City shall pay for any damages caused to the gym, equipment, or floor that are beyond normal use /wear and tear. 7. BUILDING EQUIPMENT, KEYS, AND PROPERTY. Equipment, furniture, and property shall not be removed from the buildings. Equipment can be shared if prior arrangements are made with staff. In reciprocation, the school district must receive permission to utilize the City's equipment /supplies. The District shall provide keys to the City for all Leased Facilities. 8. FACILITIES LEASE RATE. The City shall pay a monthly lease payment of fifteen thousand dollars ($15,000) for the term of this agreement, which shall be the January 1, 2010 December 31, 2010. In the event that the parties wish to renew this agreement for subsequent terms, the rate is subject to negotiation at that time. The lease payment specified herein shall allow the City's use of the leased facilities and the District shall pay for utilities, janitorial service, and all normal maintenance of the facilities. The City shall assume full responsibility for any damage to District property caused by its use by the City beyond that resulting from reasonable usage. Reimbursement for repairs for any damages beyond normal wear and tear will be due within thirty (30) days of written notice by the District. Failure to repair or reimburse the district within 30 days of notification will be grounds for immediate termination of the lease agreement. 9. COLLECTION OF RENT The District will bill, monitor and collect the rent. Lease payments shall be due thirty (30) days after invoiced. Payments received beyond thirty (30) days are sufficient grounds for terminating this agreement. 10. DEPOSIT. The District does not require the City to place a deposit of any type for use of the facilities. 11. SIGNAGE. Signs advertising group's events or activities are permitted. The City may, at its own expense change the top banner of the marquee sign. At the time of the termination or when the building is again used as an educational facility by the District the City, at its own expense will change the top banner of the marquee back to its original state unless directed otherwise by the District. 12. ADDITIONAL CHARGES. The District shall establish additional charges for: a. School equipment (spot lights, microphones, computers, VCR televisions, etc. and supplies used by the renting agency.) b. The cost of all stagehands, light crews, sound technicians, security, ushers, etc. shall be in addition to the basic fee. 13. STORAGE The City will only store items in areas covered under this lease agreement. Any additional storage needs must be agreed upon in writing by the District and the City. Pearland ISD Board President Date City of Pearland Council Date