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Home My WebLink AboutC2007-055 - 2/27/2007 - ApprovedCORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Corpus Christi, Texas INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement ", is by and between the Corpus Christi Independent School District (hereinafter referred to by name <_)r as "('.( I.S.D "), and Cite of Corpus Christi, a Texas Municipal Corporation (hereinafter referred to by name or as "City"), pursuant to Chapter 791 of the Texas (iovermnent Code, to efficiency in meeting intergovernmental responsibilities. WHEREAS. the City Police Department provides the Drug Abuse Resistance Education (hereinafter referred to as "DARE and WHEREAS. the Corpus Christi Independent School District desires to engage the City Police Department to t -ender services to C.(TS.D. students composed within the DARE; ,rnd WHEREAS. the City DARE program desires to perform said services; NOW. THEREFORE, the parties enter into the following Agreement: ARTICLE 1. - CONTRACT TERNI The Agreement for services is effective immediately upon execution of this document by hoth parties and shall continue through June 29, 2007. :ARTICLE 2. - PURPOSE The purpose of this Agreement is to provide drug and violence prevention and safety education to all (.C.LS.D. elementary and middle school students. ARTICLE 3. - SCOPE OF SERVICES The ( ity will provide to C.0 I S,D. during the term hereof the following projects and ser\ ices: F\\o (2) trained and certified Project DARE officers will provide instruction as directed bv, the DARE curriculum to all 6"' grade students at C.C.LS.D. middle school cainpuses. The lessons will be taught in 10- weekly sessions. '. ('orpus Christi Police Department Officers will be available to make presentations to parents and school staff on a number of subjects, including a parent's guide to ,recognizing the signs and symptoms of early_ gang involvement, drug abuse and the onsequences of underage drinking. ''here will t)c an oven line i,f communication with the City of Corpus Christi and the .drninistrato< for I itle IV: Safc and Drat: -Free Schools and Communities (SDFSQ, 2007 -055 ficaliy funded under said contract, the City will continue to offer 02/27/07 ort a continuum of service to C.C.I.S.D. students. These programs Ord027161 CCISD .irk, the Officer Friendly pro ram that introduces positive law enforcement interaction =o Kindergarten. ` and 2 graders and the Campus Crime Stoppers program that •n,_ ourages - tudervt, to takc an active part in making their middle and high schools ,ae places ro learr DISTRICT RESPONSIBILITIES I S.D. will he resn_ onsible ?or r)rovidin� DARE curriculum books to students in the �niddlc school DARE programs and covering any cost thereof from 2006 -2007 Title IV: safe and Drug -Free Schools and Communities funds. A,RTICLE 4. - EVALUATION COMPONENT The t 'ity agrees to provide three summaries of program implementation and the -1rograun's effectrvene -s to the Citle IV: Safe and Drug -Free Schools and Communities' _idmrnrstrator by November 30, 2006, February 28, 2007, and May 31, 2007. The summary shall include the following • Documentation or program effectiveness. such as, Pre- and post - evaluation, 411dentiteacher survevs. etc • Total number of presentations made during the previous quarter. • Total number of presentations made throughout the year -to -date of summary. • 1'(jtal number of students scrN ed during the previous quarter. • 1'olal number and grade level of classrooms visited during the previous quarter. • rcacher's name for classrooms � isited during the previous quarter. • r )HIcer's name for classrooms \ rsited during the previous quarter. X quarterly report wr I include intormction as prescribed by the Safe and Drug - Free Schools and ( 'ommunrties Act "Principles of Effectiveness" as set forth below: Principle 1: Assessment - A grant recipient shall base its SDFSC program on an assessment of objectiv e data concerning the drug and violence problems in the schools tend communities sern ed. Principle 2: Performance Measures - A grant recipient shall, with the assistance of ,,ocal or regional consultation with required representation, which includes community representatives. establish a set of performance measures aimed at ensuring that schools and Cornmunities served have a safe, orderly and drug -free learning environment. Principle 3: Scientifically Based Research - A grant recipient shall design and mplement its SDFSC activities for youth eased on scientifically based research that 1)rol ivies evidence that the strategies ,tsed prevent or reduce drug use and violence. Principle 4: Analysis of Factors - :-\ grant recipient shall base its SDFSC program on an tnalvsrs of the prevalence of risk and protective factors, buffers, assets, or other variables n schools and communities in the state identified through scientifically based research. Principle 5: Consultation - v «rant recipient shall include meaningful and ongoing ,omultation wrilr. and input i ronr, parents in the development of the application and administration ofthe SDFSC program. Principle 6: Evaluation - A grant recipient shall evaluate its drug prevention and ,iolerce prevention program periodically to assess progress toward achieving its stablished pertormance measure. The evaluation results shall be used to refine, iimprok, -e, and ,trengthen its program, and shall be made available to the public upon ''equest, with public notice of such <rya1labilitY provided. Pa L! ni ,, kRTICLE 5. - COMPENSATION AND METHOD OF PAYMENT x:01, and in consideration of the services to be performed by the City pursuant to this N,greement, C _t- '.[.S.D shall pay to the City a fee of no more than $78,500 for services endeied to ah ciemewary and iniddle schools from Title IV: Safe and Drug -Free Schools ind C =_rmmurutres. This cost is based on an average hourly rate of $22.81for 3,440 hours +f sor, ice to ail middle school campuses. Such amount shall be paid in two (2) equal nstallments of `26,167 and one (1) payment of $26,166, upon receipt of invoice and evaluative repor?s The first inv oice is due on November 30, 2006, and the second invoice s dre :m FebruarN 28, 2007, and third invoice is due no later than May 31, 2007. J I `-,.D. shalt pay t1he Ctt_y of Corpus Christi all fees due no later than thirty (30) days iftei the dated receipt 4 invoici_. ARTICLE 6. - USES OF C.(.-A.S.D. INFORMATION AND RECORDS BY THE CITN \uthorized representatives of the City may fi-om time to time have access to, and use of, :nformation obtained trop; C.0 I.S.D. regarding students enrolled in the DARE program. officers shall not releask of disclose to the public or any third party student nformation or- records without the prior written consent of the parent(s) of the minor in luestion. except as required 1-,v state or federal law. Each party shall take all steps iecrssary to ensure 'hat the student information and records are viewed only by tuthm ized representanves of he City for the permissible uses stated herein. Said nformation is considered confidential, and ,hall not be used by the City or any of its ,,mplovees or agents for private purposes. The City acknowledges and understands that 'he ;ivauthori /cu release of student information or records may subject the individual or entity to criminal and civil penalties, Accordingly, the City will educate and inform its ,tart regarding 4-' C.1 S.D 's ' \cceptable t`se Guidelines for Technology ", permissible ise� ot'the student inti�nnatioii and records obtained from C.C.I.S.D. databases, and the 'amiF Educational Rights and Prr acy Act (we '0 U.S.C.. Section 1'32g and 34 C.F.R., ) e(;,,!wr 90. c-r .,cy.i. The City t*urther agrees that the information or records disclosed or )btained pursuant to rlFis Agrecmeiit will be destroyed by the City after the need for such nformation ccases to tAisr ARTICLE 7. - TERMINATION This Agreement may he terminated by any of the following occurrences: a. Rv mutual agreement and consent in writing by both parties; 13. 13� either party upon thirty (30) days written notice to the other party; 13N either party upon the failure. of the other party to fulfill its obligations as set forth n this Agreement ARTICLE 8. -AMENDMENTS -Xny and all changes to this Agreement may be enacted by written amendment or addendum properly executed b,, the appropriate representative of each party. Patin M (b ARTICLE 9. - ASSIGNMEN] ^Jeither party small as4ign. sublet or transfer its interests in this Agreement without the prior v, ritten convent (1, the other parvv. .ARTICLE 10. - LIABILITY AND INDEMNITY The parties hereto agree, to the extent permitted by law, to forever release from liability, sndermtify, and hold harmless each other for the acts and /or omissions of their respective emplo�vees. Specifically, the City agrees, to the extent permitted by law, to fully release, indemnify, and hold harmless C,t' LS.D. for the acts and /or omissions of any City cmplo,,ee who ina} violate the terms of this Agreement, or any other state or federal law applicable to this Agreement. f urthcr, C.C' I.S.D. agrees, to the extent permitted by law, to fill; release indemnify. and hold harmless the City for the acts and/or omissions of 111y k .LS.D emplovice who niay � iolate the terms of this Agreement, or any other state or federal law applicable to this Agreement. ARTICLE 11. - NOTICES -\ll notices from either part) to the other required under this Agreement shall be personally delivered or mailed to such party at the following address: For thr, Citv, Bryan P Smith, Chief of Police ity of Corpus Christi Police Department 121 John Sartain St. -C'orpus Christi, Texas 78401 1,or A.S.D D. Scott Elliff, Acting Superintendent of Schools 301 Leopard Street Corpus Christ], Texas 78401 ARTICLE 12. - APPROPRIATION OF FL`NDS The City and C (A.S.D. agree that the performance of each is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and acknowledge that this Agreement between them is entered into in accordance with khe Interlocal Cooperation Act. Chapter 791, Texas Government Code. In }ccordance with said Act, the parties hereto acknowledge that any payments made pursuant to the terms of this Agreement shall be made from current revenues available to the p.&- ing party. and any future payments are subject to appropriations. .ARTICLE 13. - EQt AL OPPORTUNITY The parties shall provide all services associated with the subject matter of this Agreement in compliance Nk ith the Civil Rights Act of 1964, Title IX of the Education Amendments of 19-2 (34 C i R, SE ction /0,), ci, Ncy.), and all other applicable federal and state non- discrimination statutes or laws. ARTICLE 14. - LAW GOVERNING AND VENUE The parties agree that the law governing this Agreement shall be that of the State of Texas and that any disputes arising under this .Agreement shall have venue in a State District Court of Nueces Count,\ , Texas. ARTICLE 15. MEDIATION the parties agree that anv dispute that matt arise under this Agreement shall be first 'ubmitted to mediation in an attempt to resole e any such dispute before litigation is filed. 3'he parties may seek injunctive relief fron a Nueces County District Court prior to inediafion if thenc-° is are imminent ri,h of Jos,,, or damages. ARTICLE 16. .. FORCE; MAJEI'RE l:ach� party hereto shall be excused from performance hereunder for any period and to the extent that it i� prevented from performing any act, in whole or in part, as a result of dela' caused h� the ether party, or an act ()f God, war, civil disturbance, court order, labor i.tisputes. third party non- perfirrmance, or other cause beyond its reasonable control, !ncllydrng, but not Iinrted to, failures or fluctuations in electrical power, heat, light, air ondwoning, or telecornmunications equipment. Such non - performance shall not be a default or a ground for termination Minder this Agreement. WHEREAS, the Cit% and the Corpus Christi Independent School District agree to the terms as set forth above. this kgreement shall be effective upon full execution of the kgreernent bN the proper authorities of each entity, after approval by the governing bodies of such cntities st I�. Iti 1Gc xet�uted at Corpus Christ_, Teas and dated on this day of , 2006. PROM "IDER: The Cite of Corpus Christi AIJTMORILt► I John. Sartain St. By 06lMCIL r .orpus Christi, I exa-. 18401 .� seeXl t r ( r %rmando Chapa City SecTetarl, Ge g . (Skip) Noe, City Manager 1_:egal `orm approved oi� ��1rNN�,1:Z , 2(J0 - -- Mary K. Fischer, City Attorney ,u I3y: f � f ' -- (, rn�'-City Attorney DISTRICT: CORPL!S CHRISTI INDEPENDENT SCHOOL DISTRICT 1' 0. Boa I I0 Corpus Christi, Tc xa�, 8403-0' 10 REVIEWED AND APPROVED BY THE OFFICE OF THE SUPERINTENDENT: r r "� By: Date: lr_ Scott Elliff. Acting S rintendent of Schools REVIEWED AND APPROVED B THE BOARD OF TRUSTEES: By - - -- — Date: 1087106 Dr. Manuel Flore << Pre ' ei Board of Trustees APPROVED AS TO LEGAL. FORM: B .S , S ep e Hilmti,: ttoincV-T r CCISD Pae, , of f Date: iS U 6