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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. r,~' a 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. 2009-352 Res. 028314 ogi221o9 ccisn lNDEXFD 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; z 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 4 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: -- f//~ By Date9 / D. Scott Elliff Superintendent of Schools Approved as to Legal Form for CCISD: ~ f • ~ 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 ~ . 0~~3 ~~- ~,ZE-~ ~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 ~~~ ~R~L!~,~QO ~H~1p~ C~~'Y ~~:C.r~~.~aR., 6