|In October 2008, The Woodlands Fire Department (WFD) Board of Directors approved a Facilities Use Agreement between the WFD and Lone Star College – Montgomery (LSCM) where in LSCM would utilize portions of The Woodlands Emergency Training Center (ETC) to teach Fire Science Technology courses including the Texas Commission on Fire Protection basic structural firefighter certification course. This agreement detailed the stated mission of the ETC, the goals for the ETC, the desired goals of LSCM, the potential training courses offered by LSCM, the responsibilities and commitments of both parties, including an annual rental fee of $42,000 per year paid bi-annually by LSCM to WFD, and indemnification language and insurance requirements agreeable to both parties. The annual rental fee was originally established based on the estimated annual operating cost of the ETC and the anticipated usage by LSCM. The initial term of the Facilities Use Agreement was for a two year period.
In September 2010, The Woodlands Township (TWT) Board of Directors approved the First Amendment to the Facilities Use Agreement between WFD and LSCM. The first amendment modified the terms of the Facility Use Agreement specifically extending the term of the agreement an additional two years, the addition of an operational, maintenance, and testing fee not to exceed $15,000 per year, an approximate 19% increase in the rental fee, the inclusion of one additional office for LSCM’s use, and the addition of TWT as a party to the agreement. The operational, maintenance, and testing fee is invoiced to LSCM as certain operational, maintenance, and testing expenses are incurred by WFD. The approximate 19% increase in the rental fee, from $42,000 per year to $50,000 per year, was based on a detailed analysis of the actual operating cost of the ETC and approximately 1.5 years worth of ETC usage history by LSCM.
In September 2012, the Board approved the Second Amendment, extending the term of the agreement an additional two years and established annual increases based on the Consumer Price Index for the Houston, Texas area, increasing the rental fee from $50,000 to $51,500.
In September 2014, the Board approved the Third Amendment. Based on the Consumer Price Index for the Houston, Texas area, the rental fee was increased by 3.6%, from $51,500 to $53,354, and the agreement was extended for an additional two year period. All other terms of the agreement remained the same.
Presented for your consideration and approval is the Fourth Amendment to the Facilities Use Agreement (Attachment A). The agreement will commence on September 1, 2016, and extend for two years. The amount will increase to $54,100.96, for year one of the renewal term. The annual rent for year two of the renewal term will be adjusted in accordance with the Consumer Price Index for the Houston, Texas area.
Township attorney, Roberta Cross, has reviewed this agreement and approved as to form.