HomeMy WebLinkAboutC2009-352 - 9/22/2009 - ApprovedCORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
Corpus Christi, Texas
INTERLOCAL AGREEMENT BETWEEN
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
AND
CITY OF CORPUS CHRISTI
This Interlocal Cooperation Agreement ~"Agreement"~ is made by and between the Corpus
Christi Independent School District, a political subdivision of the State of Texas thereinafter
referred to by name or as the "District"~, and the City of Corpus Christi, thereinafter referred
to by name or as the "'City"'}. In consideration of the mutual promises set forth below, the
parties agree as follows:
SECTION ~. PURPOSE.
The purpose of this Agreement is to define the affiliation between the Corpus Christi
Independent School District, on behalf of the Foy H. Moody Science and Health Center,
Business & Professional Academy ~"Moody"~, and the City of Corpus Christi, a municipal
entity, regarding the education and training of District students participating in the Criminal
Justice Student Internship program.
SECTION Z. TERM.
The term of this Agreement begins on upon the execution of this document by the parties, and
will con#inue in full force and effect until September 1, 2010, unless terminated by either party
pursuant to the provisions of this Agreement. The Agreement shall automatically renew for
two year terms unless either party terminates the agreement.
SECTION 3. FUNDS.
Each party which performs services or expends revenues under this Agreement shall do so
with funds available from its current revenues.
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SECTION 4. INTERLOCAL COOPERATION ACT.
The parties agree that activities contemplated by this Agreement are "governmental functions
and services" and #hat the Parties are "local governments" as that term is defined in the
Interlocal Cooperation Act. This Agreement is made pursuant tv Chapter 791 of the Texas
Government Code.
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SECTION 5. INDEPENDENT CONTRACTOR RELATIONSHIP
In the performance of the activities hereby contemplated, the City is an independent
contractor, and neither the City, nor the principals, partners, employees, students, or
subcontractors of the City, shall be deemed servants, agents, or employees of the District.
Likewise, no employee, student, or agent of the District shat! be deemed an employee or agent
of the City for the purposes of this Agreement.
SECTION 6. JOINT RESPONSIBILITIES OFBOTH PARTIES.
The District and the City shall each have a distinct yet cooperative responsibility for the
education of each student participating in the program. Further, the District and the City will
agree on the number of students in the internship, with consideration given to the number of
departmental sites available. The parties also agree to parkicipate in continued communication
between them to provide optimum experience for student learning.
SECTION 7. SPECIFIC RESPONSIBILITIES OF THE CITY.
The City agrees to assume the following responsibilities pursuant to this Agreement:
1. Permit District students to observe andlor assist in departmental routines and
procedures under the direct supervision of licensed or qualified employees of the
City;
2. Assist the District's program by providing, through its supervisory personnel,
assistance with task sheets and attendance and evaluation sheets, at intervals to
be agreed upon by the parties;
3. Evaluate and counsel students with regard to performance;
4. orient instructor and students to the City's facilities, policies, and procedures;
and
5. Provide progress reports as needed if there are areas of concern regarding a
student's attitude or performance; the City retains the right to request
reassignment or denial of participation of a student intern in written farm to
District program coordinator.
SECTION 8. SPECIFIC RESPONSIBILITIES 4F MOODY INSTRUCTORS.
Pursuant to this Agreement, Moody agrees to the following responsibilities:
1. Instruct student interns to abide by the policies of the City;
2. Obtain completed confidentiality forms from the student interns;
3. Assume responsibility for administrative actions related to students, task attendance,
and evaluation sheets;
4. Assign students to specific areas of the department;
5. Actively communicate with personnel of all departments and students to coordinate the
program;
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fi. Provide personnel with learning objectives for students in each rotation area;
7. Require students to be properly attired when reporting for the office experience;
8. Instruct the parents and students that if a student is injured on any of the City's
premises, the student and parent will be fully responsible for payment of expenses for
treatment and care provided to the student during the performance of activities under
this Agreement. To the extent permitted by law, the City shall be covered by full
indemnification against all claims from students or instructors using City facilities during
intern program, but nothing in this provision shall constitute a waiver of either party's
immunity or other defenses because of each party's status as a Texas local government
unit;
9. All instructors and students are required to comply with background checks and drug
tests as required by the specific City departments to which the interns shall be
assigned. Drug testing will be performed by the City's drug testing facility at City
expense. Specific drug test required is the standard SAPS o non-dot.
10. obtain completed waiver of liability form from the student interns and their parents.
SECTION 9. TERMINATION.
This Agreement may be terminated by either party by giving the other party a minimum of thirty
t3~} days written notice of such termination, provided, however, that said termination must
occur at the end of a semester to minimize the impact upon the participating students. Notice
of termination of this Agreement before the end of its term shall not relieve either party of its
obliga#ion to perform under the contract, or respective liabilities under the contract, until
termination occurs.
SECTION 10. LIABILITY.
Each party to this Agreement will be responsible for any civil liability for its own actions under
this Agreement, except that nothing in this provision shall constitute a waiver of either party's
immunity or other defenses because of each party's status as a Texas local government unit.
Neither party shall be responsible to the other for personal injuries, loses, claims, or demands,
if any, caused by the acts or omissions of such party's own officer's agents, and employees.
The liability, if any, of either party shall be that prescribed by the laws of the State of Texas.
SECTION 11. ASSIGNMENT
Neither this Agreement nor any duties or obligations hereunder shall be assignable by either
party without prior written consent of the other party.
SECTION 12. GOVERNING LAIN AND VENUE
The validity of this Agreement and of its terms or provisions, as well as the rights and duties of
the parties hereunder, shall be governed by the laws of the State of Texas. Any legal action
brought in state court shall have venue in Nueces County, Texas.
SECTIoN 13. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or written, between the
parties hereto with respect to the subject matter hereof, and no other agreement, statement, or
promise relating to the subject matterwhich is not contained herein shall be valid or binding.
SECTIoN 14. AMENDMENT
This Agreement may be amended by the mutual agreement of the parties hereto in writing and
incorporated into this Agreement. Any such amendment must be signed by the duly appointed
representative of each party.
SECTION 15. LEGAL CGNSTRUCTIUN
Incase anyone or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision hereof, and this Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
SECTION 16. EQUAL GPPGRTUNITY.
The parties shall provide all services and fulfill all obligations associated with the subject
matter of this Agreement in compliance with the Civil Rights Act of 19fi4, Title IX of the
Education Amendments of ~91~ X34 C.F.R. ~ X46, et seq.), and all other applicable anti-
discrimination laws.
SECTIUN 1l. CoNFIDENTIAL RECQRDS AND INFGRMATIGN
In the carrying out of the terms of this Agreement, the City may, from time to time, have access
to confidential information and documents contained in, or which constitute, education records
of students enrolled in the District. The City shall not, without written parental consent, release
or disclose to the public or any third party information or records regarding any District student
that is confidential in nature. The parties shall take all reasonably necessary steps 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 for private purposes. The City acknowledges that the
unauthorized release of confidential student information or education records may subject the
individual or entity to criminal or civil penalties. Accordingly, the City and its employees will
comply with the requirements of the Family Educational Rights and Privacy Act ~F.E.R.P.A. -
see 24 U.S.C. ~ ~232g and 34 C.F.R. ~ 90, e~ seq.). the City further agrees that any
confdential information it obtains regarding any District student will be returned to the District
or destroyed by the City, as appropriate, after the need for such information ceases to exist.
Such confidential student information and records shall only be used for educational purposes.
SECTIGN 18. NGTICES
All written notices provided to the parties pursuant to this Agreement shall be forwarded to
each party at the address indicated below. Such notices shall be considered duly and properly
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given when delivered in person or actually received by either party via U.S. mail or any other
delivery service provider.
For THE CITY GF CORPUS CHRISTI:
Rebecca Huerta
Assistant to City Manager
1201 Leopard Street
Corpus Christi, TX 18401
For District Mr. Conrado Garcia
Principal, Foy H. Moody High School
Corpus Christi Independent School District
1815 Trojan Drive
Corpus Christi, Texas X841 fi
With copy to: CORPUS CHRIST INDEPENDENT SCHOOL DISTRICT
P.G. Box 110
801 Leopard Street
Corpus Christi, Texas 78403-0110
WHEREAS, the porkies hereto agree to the terms of this Interlocal Agreement as set forth
above, the duly designated representatives of the Corpus Christi Independent School District
and the CITY of CORPUS CHRISTI hereby execute this Agreement, subject to authorization
or ratification by their governing bodies, if required by law. The parties hereto acknowledge
that they have read this Agreement, understand its contents, and agree to be bound by the
terms and conditions of this agreement
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By:
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By Date9 /
D. Scott Elliff
Superintendent of Schools
Approved as to Legal Form for CCISD:
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• ~
Date: Sept.10, 2009 .
Philip D. Fraissinet
Attorney for CCISD
Reviewed and Approved for Purchasing Compliance
~ ~ ~~-
By. Date.
r~ y, .
Director for Purchasing and Distribution
CITY OF CORPUS CHRISTI
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~i By: ~~~oL~ Date: ~~f /~y
aT C-0UI~CIL ..,~,.J :~ ~~-L--
Y W I R. Escobar, City Manager
~~~~ • Approved as to form:
By: o~,,~- ~ Date: 9
Lisa Aguilar ssistant City Attorney
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C~~'Y ~~:C.r~~.~aR.,
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