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Agenda Item - 2021-04-20 - Number 7.1 - First Amendment to MOU with School District 7.1 COUNCIL REPORT ___ o QREGoNI' Subject: Parks Department Recreation and Aquatic Center Meeting Date: April 20, 2021 Staff Member: Evan Boone, City Attorney Pro Tern Department: CAO Action Required Advisory Board/Commission Recommendation ❑X Motion ❑ Approval ❑ Public Hearing ❑ Denial ❑ Ordinance ❑ None Forwarded ❑ Resolution ❑X Not Applicable ❑ Information Only Comments: ❑ Council Direction ❑X Consent Agenda Staff Recommendation: Approve First Amendment to Memorandum of Understanding with the Lake Oswego School District for the Recreation and Aquatic Center Recommended Language for Motion: Move to approve the First Amendment to Memorandum of Understanding with the Lake Oswego School District, and authorize the City Manager to Execute. Project/ Issue Relates To: ❑X Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable BACKGROUND The City and the Lake Oswego School District (District) executed a Memorandum of Understanding (MOU) on June 16, 2020, committing to negotiate intergovernmental agreements (IGAs) for the design, construction and operation of a joint Recreation and Aquatic Center (RAC). The MOU envisioned the negotiation of the IGAs to be completed by May 1, 2021. 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.city Page 2 The completion of the IGAs is Council 2021 Goal 6A: "Complete the IGA with LOSD, complete design, and begin permitting for the Recreation and Aquatics Center." Due principally to unanticipated staffing changes in the City Attorney's Office, and other pending matters, preparation of the forms of IGAs for the construction and operation of the RAC has been delayed. Draft IGAs are expected to be completed for delivery to the District within 30 days. DISCUSSION The City engaged Scott Edwards Architecture to do the design work on September 2, 2020. A Project Advisory Committee started meeting on January 14, 2021 and will continue to meet through the design development stage. Construction is estimated to start approximately April 2022. The City Manager has contacted the District Superintendent to request extension of the deadline to negotiate the IGAs to Sept. 30, 2021. The Superintendent will present the First Amendment to the District Board at its April 26, 2021 meeting and recommend approval. ALTERNATIVES Approval of this First Amendment will continue the joint Project with the District by continuing the negotiation for IGAs for the design, construction and operation of the RAC. Declining to extend the MOU to complete the IGAs will terminate the joint Project. FISCAL IMPACT This First Amendment has no fiscal impact. ATTACHMENTS 1. First Amendment to MOU 503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city ATTACHMENT 1 FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LAKE OSWEGO AND LAKE OSWEGO SCHOOL DISTRICT Recreation and Aquatics Center at Municipal Golf Course THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (this "First Amendment") is entered into effective April 26, 2021, by and between the CITY OF LAKE OSWEGO, ("CITY") and Lake Oswego School District No. 7J, also known as Clackamas County School District No. 7, a common school district of the State of Oregon ("District"). RECITALS WHEREAS, on June 1, 2020, CITY and DISTRICT entered into a Memorandum of Understanding for the design, construction and operation of a Recreation and Aquatics Center located at the City-owned Municipal Golf Course property (RAC MOU); and WHEREAS, Section 2 of the RAC MOU, provides that, unless extended by the mutual written consent of the parties, the term of the MOU will expire on May 1, 2021; and WHEREAS, the parties continue to work in good faith toward the negotiation and execution of intergovernmental agreements for construction and operation of the RAC, and agree that it would be in the best interests of each to amend the RAC MOU to extend the termination date. LORA AND UDP AGREE AS FOLLOWS: 1. Section 2 of the RAC MOU, is further amended to read as follows (new language shown in bold, underlined text, deleted language shown in strikcthrough text): "This MOU is effective on the date set forth above and will expire on September 30, 2021 May 1, 2021, unless extended by the mutual written consent of both parties, or terminated under Section 7. This MOU will expire automatically upon execution of an IGA between the parties as described in Section 3." // // [Signatures on Next Page] Page 1 of 2- First Amendment to Memorandum of Understanding—Aquatic and Recreation Center IN WITNESS WHEREOF, the City of Lake Oswego and Lake Oswego School District No. 7J have executed this First Amendment to Memorandum of Understanding as of the date first above written. CITY OF LAKE OSWEGO LAKE OSWEGO SCHOOL DISTRICT NO. 7J, also known as Clackamas County School District No. 7 By: Martha J. Bennett, City Manager By: Dr. Lora de la Cruz, Superintendent Approved by Council: April 20, 2021 Approved by School Board: April 26, 2021 Signed: . 2021 Signed: , 2021 Page 2 of 2- First Amendment to Memorandum of Understanding—Aquatic and Recreation Center