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Home My WebLink AboutD-1 Staff Report - MOU with AUSDSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: DON PENMAN, INTERIM CITY MANAGER FROM: LOUIE F. LACASELLA, SENIOR MANAGEMENT ANALYST DATE: SEPTEMBER 18, 2017 SUBJECT: PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA UNIFIED SCHOOL DISTRICT FOR USE OF THE AZUSA CIVIC AUDITORIUM FOR MONTHLY SCHOOL BOARD MEETINGS SUMMARY: Over the past several years the City’s Auditorium has been used by the Chamber of Commerce, in conjunction with the League of Women’s Voters, for candidates’ forums for the General Municipal Election. In addition, the Auditorium has been used by various groups for a wide array of educational and informational purposes. At the April 3, 2017 City Council meeting, Councilmember Robert Gonzales requested Staff explore the possibility of allowing the Azusa Unified School District the ability to hold their board meetings at the City’s Auditorium so these meetings could be televised on the City’s Government Access Channel. At the August 21, 2017 City Council meeting, the City Council received an update from Staff and as a result directed Staff to bring back to a future agenda a proposed Memorandum of Understating (MOU) between the City and Azusa Unified School District for the use of the Azusa Civic Auditorium for monthly school board meetings. This action will approve the proposed MOU. RECOMMENDATION: Staff recommends the City Council take the following action: 1) Approve a Memorandum of Understating (MOU) between the City of Azusa and Azusa Unified School District for the use of the Azusa Civic Auditorium for monthly school board meetings. DISCUSSION: Several cities throughout Southern California allow their respective school districts to use their City Council Chambers for their school board meetings. These cities include: Hermosa Beach, Simi Valley and Ventura. Some of these same cities televise the school district meetings on their government access channels. PULLED FROM AGENDA 9/18/2017 Proposed MOU between the City and Azusa Unified School District September 18, 2017 Page 2 At the April 3, 2017 City Council meeting, Councilmember Robert Gonzales requested Staff explore the possibility of allowing the Azusa Unified School District the ability to hold their board meetings at the City’s Auditorium so these meetings could be televised on the City’s Government Access Channel. At the August 21, 2017 City Council meeting, the City Council received an update and as a result directed Staff to bring back to a future agenda a proposed Memorandum of Understating (MOU) between the City and Azusa Unified School District for the use of the Azusa Civic auditorium for monthly school board meetings. The City Attorney with collaboration from the City Manager’s Office and the Information Technology Department has drafted the attached MOU for City Council consideration. The proposed MOU will make the Azusa Civic Auditorium available to the District for two (2) regular public meetings per month, for a total of twenty-four (24) regular public meetings per calendar year. The District will not be allowed to use the Auditorium to hold special meetings, workshops, or any other meetings. The District’s use of City facilities under this MOU shall be limited to the Auditorium itself and shall not be construed to include the City Council’s closed session room or any other facilities within the Civic Center. One wide-angle camera for recording and broadcasting purposes will be made available by the Neighborhood Improvement Coordinator. The broadcast will be live streamed to the City’s Government Access Channel. No playback of the meeting is required to be broadcasted by the City on the Government Access Channel or on the City’s website. The District will be responsible for any and all damages to the Auditorium itself and any associated fixtures during their use of the facility. As requested by the City Council, the proposed MOU is for two years with the option of two (2) single- year terms. The City can terminate the agreement at any time with a 30 day advance written notice. A copy of the proposed MOU has been provided to the District for review and at the time of this writing, Staff has not received any feedback from the District regarding the agreement. FISCAL IMPACT: As directed by the City Council, there will be no fiscal impact associated to the City by entering into the proposed MOU with the school district. The District will be responsible for covering the City’s custodial services cost of $40 for every hour for every meeting that the District holds in the Auditorium. Prepared by: Reviewed and Approved: Louie F. Lacasella Don Penman Senior Management Analyst Interim City Manager Attachments: 1) Memorandum of Understanding between the City of Azusa and the Azusa Unified School District 1 MEMORANDUM OF UNDERSTANDING FOR USE OF THE AZUSA CIVIC AUDITORIUM BY THE AZUSA UNIFIED SCHOOL DISTRICT FOR MONTHLY SCHOOL BOARD MEETINGS This MEMORANDUM OF UNDERSTANDING (“Agreement”) is made this ___ day of ___________ 2017, by and between the CITY OF AZUSA (“City”) and the Azusa Unified School District (“District”). The City and the District are sometimes referred to individually as “Party” and collectively as the “Parties”. RECITA LS The Parties enter into this Agreement on the basis of the following facts, understandings, and intentions: A. The District is a public entity that hold public meetings approximately thirty-four (34) times a year; B. The District has expressed a desire to hold its public meetings at the Azusa Civic Auditorium located at 213 East Foothill Boulevard, Azusa, CA 91702 (“Auditorium”) for the purpose of televising and streaming its regular public meetings; C. The City is amenable to providing access and use of the Auditorium to the District subject to particular use limitations; and D. The purpose of this Agreement is to set forth the terms and limitations of the District’s use of the Auditorium. AGREEMENT NOW, THEREFORE, incorporating and in consideration of the mutual covenants contained herein, parties mutually agree to the following: 1. Incorporation of Recitals. The Parties hereby affirm and incorporate by reference the facts set forth in the Recitals above. 2. Term. The term of this Agreement will be from the date first set forth above, and will continue for a period of two (2) years, unless terminated earlier in accordance with Section 11 of this Agreement. Thereafter, the Parties may exercise the option to extend the Agreement by two separate (2) single-year terms. 3. Use of Facility. The City shall make the Auditorium available to the District for no more than two (2) regular public meetings per month, and no more than a total of twenty-four (24) regular public meetings per calendar year. The District shall not use the Auditorium to hold special meetings, workshops, or any other meeting. The District’s use of City facilities under this Agreement shall be limited to the Auditorium itself and shall not be construed to include the City Council’s closed session room or and other facilities in the City. 2 4. Availability of Facility. The City shall make the Auditorium available to the District in accordance with the District’s scheduled regular public meetings. In the event that the Auditorium is unavailable due to an emergency or required maintenance, the City will notify the District so the District may make alternative arrangements for a facility. The City shall provide as much notice as reasonably possible under the circumstances. The District shall also provide the City with sufficient notice of any meeting cancellations that may affect use of the Auditorium. 5. Damage to Facility. The District shall be responsible for any and all damages to the Auditorium itself and any associated fixtures, furniture, and equipment during District’s use of the Auditorium. 6. Custodial Costs. The District shall pay the City for use of custodial services used by the City at the cost of forty dollars ($40) per hour for every meeting that the District holds in the Auditorium. The City shall not incur any cost associated with the District holding meeting in the Auditorium. 7. Use of Audio/Video Equipment. One (1) wide-angle camera for recording and broadcasting purposes will be made available. The broadcast will be live streamed to the Government Access Channel. No playback of the meeting is required to be broadcasted by the City on the Government Access Channel. 8. Use of City Equipment. The District shall not utilize any City owned equipment or information technology devices within the Auditorium. This includes using the City’s wireless network and network connections. 9. Public Noticing. There is no expectation of the City to publish any form of public noticing for any scheduled meeting the District will hold in the Auditorium. The District, if desired, shall provide a public notice to the City, to be placed near the entrance of the Auditorium. 10. Notices. All notices, demands, and communications shall be sent as follows: City of Azusa 213 East Foothill Boulevard Azusa, CA 91702 Attn: City Manager Azusa Unified School District 546 South Citrus Avenue Azusa, CA 91702 Attn: Linda Kaminski, Superintendent 11. Termination. Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party. 12. Indemnification. District shall defend, indemnify, and hold City, its officials, officers, employees, and agents free and harmless from any and all liability from loss, damage, 3 or injury to property or persons arising out of or in connection with the District’s use of the Auditorium. 13. Entire Agreement. This Agreement constitutes the entire and integrated agreement of City and District with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. 14. Legal Counsel. Each Party acknowledges that: (1) it has read this Agreement; (2) it has had the opportunity to have this Agreement explained to it by legal counsel of its choice; (3) it is aware of the content and legal effect of this Agreement; and (4) it is not relying on any representations made by another Party or any of the employees, agents, representatives, or attorneys of another Party, except as expressly set forth in this Agreement. 15. Governing Law. This Agreement shall be governed by the laws of the State of California shall be deemed to have been made in the County of Los Angeles, California. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within or for Los Angeles County, California. 16. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in the Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 17. Authorized Representatives. The person executing this Agreement on behalf of City and on behalf of District represent that he or she has the authority to execute this Agreement on behalf of that Party and that he or she has the authority to bind that Party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day first above written. 4 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING FOR USE OF THE AZUSA CIVIC AUDITORIUM BY THE AZUSA UNIFIED SCHOOL DISTRICT FOR MONTHLY SCHOOL BOARD MEETINGS CITY OF AZUSA: By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney AZUSA UNIFIED SCHOOL DISTRICT By: Linda Kaminski, Superintendent