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Home My WebLink AboutC2010-013 - 1/19/2010 - ApprovedTHE STATE OF TEXAS ~ COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is made by and between the CITY OF CORPUS CHRISTI ("City"), a municipal corporation and home-rule city of the State of Texas for its CORPUS CHRISTI FIRE DEPARTMENT ("Fire Department"), acting by and through its governing body, the City Council, and the DEL MAR COLLEGE ("College"), acting by and through its governing body, the Board of Regents. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ("Parties"), authorized by appropriate actions of their governing bodies, hereby agrees as follows: SECTION 1. PURPOSE. The City desires to register and obtain college credit hours from College for the fire cadets who attend the appropriate or approved College courses at the Corpus Christi Fire Department Fire Academy. SECTION 2. SERVICES OR OBLIGATIONS OF THE CITY OR FIRE DEPARTMENT. (a) Provide a designated administrator to supervise the daily course instruction at the Corpus Christi Fire Department Fire Academy and to serve as a contact person and liaison between Fire Department and College for instruction purposes. (b) Provide the appropriate facilities, furnishings, and equipment to support the college-credit instruction at the Fire Department Fire Academy (c) Provide a minimum of 15 students or cadets per class. The College Dean of the Division of Business, Professional, and Technology Education and the Vice President of Instruction may waive the minimum requirement. (d) Coordinate with College when scheduling courses/academies. (e) Adhere to all College policies and procedures including academic evaluation and placement of students, observance of course prerequisites, testing [other than required by the Texas Success Initiative (TSI)] and grading practices, and attendance requirements. (f) Pay all applicable fees, except as identified in Section 3(f), for cadets registered in College courses. (g) Assist, at College's request, in evaluating faculty and potential faculty; however, College has the final authority on faculty personnel matters. (h) Provide compensation to City's employees who instruct at the Fire Academy per the Fire Department's request. 2010-013 Res. 028462 01/19/10 Del Mar College iNDEXE.D SECTION 3. SERVICES OR OBLIGATIONS OF THE COLLEGE. (a) Register fire cadets or students, at the Fire Department's request, in the appropriate college credit courses; details of the registration procedure will be determined by mutual agreement between College and Fire Department. (b) Select and assign, with the Fire Department's liaison's approval, faculty members to teach College courses at the Fire Department Fire Academy. (c) Select and assign, with the Fire Deparhnent's liaison's approval, faculty members to precept students at approved clinical sites. (d) Award the appropriate college credit hours to students who successfully complete their college-credit courses. (e) Provide clerical and student services support, as coordinated by the Dean of the Division of Business, Professional, and Technology Education. (f) Waive payment of tuition and laboratory fees for the Fire Department personnel who are employed as firefighters and enrolled in College Fire Science or Emergency Medical Services Professions curriculum, in accordance with state law and the Texas Attorney General's Opinion. (g) In lieu of payment at the College faculty compensation rate, College will remand a like amount by ledger adjustment to City as a reduction in charges for each City employee who teaches College credit courses at the Fire Academy. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty (30) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices or receipts; and/or verified statement or supporting documentation). Each party which performs services under this Agreement will do so with funds available from its current revenues. SECTION 5. TERM OF AGREEMENT. This Agreement shall begin on November 1, 2009 and expire December 31, 2010. This Agreement shall automatically renew annually, unless one of the participating parties provides a written notice of termination to the other party at least thirty (30) days prior to the expiration of each annual term. The City Manager is authorized to execute any and all subsequent renewals and/or amendments to this Agreement. SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. SECTION 7. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. The City and Fire Department liability to the College is limited to its employees action and in accordance with the Texas Tort Claims Act. SECTION 8. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or College in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement, including Attachments, represents the entire agreement between the Parties, and supersedes any and all prior agreements between the Parties, whether written or oral, relating to the subject of this Agreement. (c) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. C~ Colle~,e Angel Escobar Fernando Figueroa, PhD City Manager Provost and Vice-President of Instruction City of Corpus Christi Del Mar College 1201 Leopard 101 Baldwin Blvd. Corpus Christi, Texas 78401 Corpus Christi, Texas 78404 (e) Non-Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (f) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or College or any of its officer, agent or employee. 3 t (g) No Waiver of Immunity. No party hereto waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (h) Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. (i) No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. (j) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in Nueces County and in accordance with the Texas Rules of Civil Procedure. (k) Warran .The Agreement has been officially authorized by the governing body of each party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. IN WITNESS HEREOF, the City and College have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI a` ~ ~' A el .Escobar Da e rty Manager Richard ooks Da e Chief, Fire Department ATTEST: Armando Chapa Date City Secretary APPROVED AS TO FORM: ~ yliu T. risha Dang Date Assistant City Attorney For City Attorney DEL MAR COLLEGE R L ~ o f ~,~ J '~ ark Escamilla, PhD Date President ~~ tS Fernando Figuero ,PhD Date Provost and Vice President of Instruction S. O~ $ ~ ~ AUTHORIZED RT Ct1tfllClt ,,..~.~,~~(~ ...,.,, SECiiETAQY~'J ,