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HomeMy WebLinkAboutC2009-335 - 8/25/2009 - ApprovedINTERLOCAL AGREEMENT BETWEEN THE WEST OSO INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI THE LATCHKEY PROGRAM THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement ", is made by and between the West Oso Independent School District (hereinafter referred to by name or as the "District"), a political subdivision of the State of Texas, and the City of Corpus Christi, a Texas municipal corporation (hereinafter referred to by name or as the "City "), pursuant to chapter 791 of the Texas Government Code, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a child-care and activities program for those elementary students who meet Latchkey's participant guidelines and who attend schools with Latchkey sites ( "Latchkey Program "). WHEREAS, the District agrees to provide funding, building, playground facilities, utilities, and janitorial services for the Latchkey Program; and WHEREAS, both parties endeavor to provide a safe environment for District students; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: ARTICLE 1. _CONTRACT TERM This Agreement begins September 1, 2009, and ends June 2, 2010, subject to the rights of both parties to terminate this Agreement as stated below. Unless terminated in accordance with this Agreement, this Agreement shall automatically continue for an additional term concurrent with the West Oso 1SD school year for school year 2010- 2011. ARTICLE 2. DISTRICT RESPONSIBILITIES The District shall have the following obligations and responsibilities pursuant to this Agreement: West Oso ISD a. The District agrees to provide building and playground facilities for the Latchkey Program operated by the City during Latchkey's full hours of operation sufficient to meet Latchkey program guidelines. This includes building utilities such as water, gas, electricity, and access to telephones for emergency calls; use of tables, chairs, televisions, and DVD players; and ar'r'PCc to restrooms and playground facilities; 2009 -335 Res. 028276 08/25/09 1 INDEXED b. The District agrees to conduct site inspections to determine compliance with applicable safety codes. This includes yearly fire and gas line inspections and continual monitoring and repair of alarm systems and safety equipment; c. The District agrees to provide health care supplies, including lined trashcans, paper towels, and toilet paper for each site; d. The District agrees to provide after-program custodial maintenance, including the emptying of trash containers, the sweeping and mopping of floors, and spray waxing of furniture as needed; and e. The District agrees to provide at least 48 hours advance notice to the City if Latchkey is to be moved to a different area of the building. Space will be in compliance with State licensing regulations. f. The District agrees to provide $85,000 to the City for Latchkey operations under this Agreement. g. The District agrees to only allow City to provide after school care at the District location during the term of this Agreement. ARTICLE 3. .CITY RESPONSIBILITIES The City shall have the following obligations and responsibilities pursuant to this Agreement: a. The Latchkey staff is responsible for administration of the entire Latchkey Program, including: (I) Setting and collecting fees, not to exceed $20 per month; (2) providing and monitoring rules and regulations related to student discipline; replacing items that are damaged during the Latchkey Program; (3)Other administrative responsibilities such as hiring and training of staff and coordinating assignments; and (4)Compliance with established Latchkey program guidelines. b. The City will be responsible for the repair or replacement of the facility or equipment that is damaged or lost during the Latchkey Program. The decision as to repair or replacement of a damaged or lost item shall be mutually agreed upon by the City and District. The City will reimburse the District for the damage or loss at current market value. The District will provide proof of 2 value of damaged or lost items by providing the City with any or all of the following: fixed asset records, purchase order, or copies of invoice; c. The City shall coordinate its site inspections to determine compliance with health and safety codes. Latchkey staff will cooperate with school site personnel to monitor the site for a determination of and response to health and safety hazards; d. The City shall be responsible for all Latchkey Program activities including arts and crafts and structured recreational play. This includes storing such materials at the sites where space allows; e. During the Latchkey Program, the City shall provide the following: cleaning the tops of tables and placing trash in trashcans; cleaning chairs; placing chairs under tables; and returning furniture and fixtures to their original arrangements. For safety purposes, Latchkey personnel will be instructed to not place chairs on top of tables. f. The City shall operate the Latchkey Program each school day at the designated location until 6:00 p.m. The City shall also operate the Latchkey Program for the following additional school holidays: Thanksgiving Holiday: November 23, 2009 through November 25, 2009; Winter Break: December 21, 2009 through December 24, 2009; Winter Break, 2009 through December 31, 2009 Spring Break: March 15, 2010 through March 19, 2010 g. The City will provide Latchkey Program services for District at one school location, with maximum number of participants of 170 participants. ARTICLE 4.. USES OF DISTRICT INFORMATION AND RECORDS BY THE CITY The City may, from time to time, have access to, and use of, confidential student information obtained from the District for the sole purpose of the assistance of District students participating in the Latchkey Program. For students with special education requirements, the District will share information and records with the City regarding said students to ensure that the City's Latchkey Program employees are aware of any individual education plans or special needs for such students, so that appropriate accommodations may be made for such students. The City shall not release or disclose to the public or any third party student information or records without the prior written consent of the parent(s) of the minor in question, except as required by state or federal law. Each party shall take all steps necessary to ensure that the student information and records are viewed only by authorized representatives of the City for the permissible uses stated herein. Said information is considered confidential, and shall not be used by the City or any of its employees or agents for private purposes. The City acknowledges and understands that the unauthorized release of student information or 3 records may subject the individual or entity to criminal and civil penalties. Accordingly, the City will educate and inform its staff regarding the District's "Acceptable Use Guidelines for Technology ", permissible uses of the student information and records obtained from District databases (or other sources), and the Family Educational Rights and Privacy Act (see 20 U.S.C., Section 1232g and 34 C.F.R., Section 90, a seq.). The City further agrees that the information or records disclosed or obtained pursuant to this Agreement will be destroyed by the City after the need for such information ceases to exist. ARTICLE 5. _TERMINATION This Agreement may be terminated by any of the following occurrences: A. By mutual agreement and consent in writing by both parties; B. By either party upon thirty (30) days written notice to the other party; C. By either party upon the failure of the other party to fulfill its obligations as set forth in this Agreement. ARTICLE 6. _AMENDMENTS Any and all changes to this Agreement may be enacted by written amendment or addendum properly executed by the appropriate representative of each party. ARTICLE 7. .ASSIGNMENT Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 8. _CONSIDERATION Expenses incurred through Latchkey Program activities are the City's responsibility. Facility and site expenses are the District's responsibility. ARTICLE 9. _LICENSING The City will maintain all licenses as may be required by the State of Texas. Monitors for Latchkey sites may make random visits to determine compliance with State guidelines. ARTICLE 10. SITES Site selection is based on need for services as determined by community survey(s) and by availability of required space and fixtures. Selection is also based on access to restrooms, janitorial service availability, and other criteria as determined by the District and the City's Park & Recreation Department. Current space requirements are a minimum of 30 square feet of indoor play space per child. If the City is cited for 4 licensing violations that are due to facility non - compliance issues, the City reserves the right to cease operating the Latchkey Program at that site based upon the compliance date established in the citation unless the District chooses to remedy the non- compliance at its cost or allows the City the right to implement non - structural remedies at its cost. ARTICLE 11..LIMITATION ON LOCATION Notwithstanding Section 10 above, all activities conducted in accordance with this Agreement must be conducted exclusively on a school campus of the West Oso Independent School District pursuant to this Inter local Agreement. ARTICLE 12. _CONTROL OF FACILITIES AND ANNOUNCEMENTS The District does not give up ultimate control of the facilities and retains the right to enforce all necessary laws, rules and regulations, as well as the right to make announcements as the District may deem necessary in the interest of public safety. The City will cooperate and cause its agents and employees to cooperate with the delivery of such announcements. ARTICLE 13. - LIABILITY To the extent permitted by law, neither party shall be responsible to the other for personal injuries, losses, claims, damages, or demands caused by the acts or omissions, if any, of such party or its agents, employees, contractors, patrons, guests, licensees, or invitees related to the City conducting the Latchkey Program at District sites. Liability, if any, of either party shall be that prescribed by the laws of the State of Texas. ARTICLE 14. - PUBLIC HEARINGS Pursuant to the Texas Education Code, Section 33.902, the District is required to annually consider, during at least two (2) public hearings, the need for, and availability of, child care before, after, or both before and after, the school day, and during school holidays and vacations for the District's school -age students. The public is notified of the hearings through advertisements in the Corpus Christi Caller -Times and press releases distributed to the media. ARTICLE 15.- PROGRAMMATIC CHANGES If the City and District determine that programmatic changes are necessary that modify the responsibilities of either party as set forth in this Agreement, the City Manager and the District's Superintendent of Schools must mutually agree to the change(s) before they are implemented. ARTICLE 16. - NOTICES 5 All notices from either party to the other required under this Agreement shall be personally delivered or mailed to such party at the following address: For the City: For West Oso I.S.D.: Ms. Sally Gavlik, Director City of Corpus Christi Parks & Recreation Department P.O. Drawer 9277 Corpus Christi, Texas 78469 -9277 West Oso I.S.D. P. O. Drawer 110 Corpus Christi, Texas 78403 ARTICLE 17. - APPROPRIATION OF FUNDS The City and District 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 District acknowledge that this Agreement between them is entered into in accordance with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In accordance 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 paying party, and any future payments are subject to appropriations. ARTICLE 18. - EQUAL OPPORTUNITY The parties shall provide all services associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34 C.F.R., Section 106, et seq.), and all other applicable federal and state nondiscrimination statutes or laws. ARTICLE 19. - 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 County, Texas. ARTICLE 20. - MEDIATION The parties agree that any dispute that may arise under this Agreement shall be first submitted to mediation in an attempt to resolve any such dispute before litigation is filed. The parties may seek injunctive relief from a Nueces County District Court prior to 6 mediation if there is an imminent risk of Loss or damages. ARTICLE 21. - FORCE MAJEURE Each party hereto shall be excused from performance hereunder for any period and to the extent that it is prevented from performing any act, in whole or in part, as a result of delays caused by the other party, or an act of God, war, civil disturbance, court order, labor disputes, third party non - performance, or other cause beyond its reasonable control, including, but not limited to, failures or fluctuations in electrical power, heat, light, air conditioning, or telecommunications equipment. Such non - performance shall not be a default or a ground for termination under this Agreement. WHEREAS, the City of Corpus Christi and the West Oso Independent School District agree to the terms as set forth above, this Agreement shall be effective upon full execution of the Agreement by the proper authorities of each entity, after approval by the governing bodies of such entities, if required by law. 0 COUNCIL_ SIGNED: (O AUTHORIZED F i■ IneT i7trik THE CITY OF CORPUS CHRIST 1 0 'An g scobar, City Manager Date: ij;L/o; 00 Arman +o� hapa, City S'* WEST OSO INDEPENDENT SCHOOL DISTRIC President Board of Trustees Date: `-- z -- ca q retary Superintend t Date: 6-2,4 --eaq Reviewed and Approved by City's Legal Counsel Lisa Aguil ssistant City Attorney For City Attorney Counsel Date: Reviewed and Approved by District's Legal Counsel Date: .- g1.4n S 7 ■ 8