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Home My WebLink AboutC2010-187 - 6/8/2010 - ApprovedINTERLOCAL AGREEMENT BETWEEN THE WEST DSO INDEPENDENT SCHOOL DI5TRICT AND THE CITY OF CORPUS CHRI5TI THE LATCHKEY PROGRAM Summer Camp THIS INTERLDCAL AGREEMENT, hereinafter referred to as "the Agreement", is made by and between the West Oso Independent School District {hereinafter referred tv by name or as the "District"},apolitical subdivision of the Sta#e of Texas, and the City of Corpus Christi, a Texas municipal corporation {hereinafter referred tv by name ar as the "City"}, pursuant to chapter 791 of the Texas Government Cade, to achieve efficiency in meeting intergovernmental responsibilities. ' WHEREAS, the City is sponsoring achild-care and activities program far those elementary students who meet Latchkey's participant guidelines and who attend schools with a Latchkey Summer Camp Program {"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 far District studen#s; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: ARTICLE 'I. -CONTRACT TERM This Agreement begins June 14, 2010, and ends July 30, 2010, subject to the rights of both parties to terminate this Agreement as stated below. ARTICLE 2. DI5TRICT RE5PDN51BILITIES The District shall have the fallowing obligations and responsibilities pursuant to this Agreement: a. The ^istrict agrees tv 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 tv telephones for emergency calls; use of tables, chairs, televisions, and DVD players; and access tv restrovms and playground facilities; b. The District agrees #v conduct site inspections to determine compliance with applicable safety cedes. This includes yearly fire and gas line inspections and continual monitoring and repair of alarm sys#ems and safety equipment; c. The District agrees tv provide health care supplies, including lined trashcans, paper towels, and toilet paper for each site; d. The ^istrict 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 ZU10-~87 Res. U28619 ~~~~~~~dmmer Camp Latchkey Agreement West Oso.doc j West Uso itSD ~~ne~ e. The ^istrict agrees to provide at least 48 hours advance notice tv the City if Latchkey is tv be moved to a different area of the building. Space will be in compliance with State licensing regulations. The District agrees to provide $45,00 to the Ci#y for the z01o Summer Camp Latchkey operations under this Agreement. g. The Distric# agrees tv only allow City to provide recreational summer program 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 far administration of the entire Summer Camp Latchkey Program, including: {I} Setting and collecting fees, not to exceed $10 per week; {2} providing and monitoring rules and regulations related to student discipline; replacing items that are damaged during the Latchkey Program; {3} Qther 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 yr replacement of the facility or equipment that is damaged or lost during the Latchkey Program. The decision as to repair yr replacement of a damaged yr Ivst item shall be mutually agreed upon by the City and ^istrict. The City will reimburse the District for the damage ^r loss at current market value. The District will provide proof of value of damaged ar lost items by providing the City with any ar all of the following: fixed asset records, purchase order, ar copies of invoice; c. The City shall coordinate its site inspections tv determine compliance with health and safety codes. Latchkey staff will cooperate with school site personnel tv monitor the site for a determination of and response tv health and safety hazards; d. The City shat! be responsible for aEl Latchkey Program activities including arts and crafts and structured recreational play. This includes staring 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 #ables; and returning furniture and fixtures to their original arrangements. For safety purposes, Latchkey personnel will be instructed to not place chairs vn top of tables. f. The City shall operate the Summer Camp Latchkey Program from 12 noun to 6 pm at H:ILEG-~tR1C,isa1201 ~ ParklSummer Camp I.atohkey Agreement West Oso.dac ~ the designated location. g. The City will provide Latchkey Program services far District at one school location, with maximum number of participants of 150 participants. ARTICLE 4. -USES DF DISTRICT INFORMATION AND RECORDS BY THE CITY The City may, fram time to time, have access to, and use of, conf+dential student information obtained fram the District far the sole purpose of the assistance of Distric# students participating in the Latchkey Program. For students with special education requirements, the District will share information and records with the Gity regarding said students to ensure that the City's Latchkey Program employees are aware of any individual education plans ar special needs for such students, so that appropriate accommodations may be made far such students. The City shall not release or disclose to the public yr 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 yr 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 s#ated herein. Said information is considered confidential, and shall not be used by the City or any of its employees ^r agents far private purposes. The City acknowledges and understands that the unauthorized release of student infomnation ar 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 svurces~, and the Family Educational Rights and Privacy Act (sse 20 U. S. C., 5ectiQn 12328 and 34 C.F.R., 5e~i`iorr 90, a seq. j. 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 far 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 tv 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 T. - A551GNMENT Neither party shall assign, sublet or transfer its interests in this Agreement without the prior written consent of the other party. ARTICLE 8. - CDN5IDERATIDN Expenses incurred through Latchkey Program activities are the City's responsibility. Facility and site expenses are the District's responsibility. H:1L~G-D1R1Lisa12Q14 ParklSummer Camp Latchkey Agreement West Oso.doc 3 ARTICLE S. -LICENSING The City will maintain all licenses as may be required by the State of Texas. Monitors far Latchkey sites may make random visits to determine compliance with State guidelines. ARTICLE 10. -SITES Site selection is based an need for services as determined by community survey{s} and by availability of required space and fixtures. Selection is also based on access tv restroams, janitorial service availability, and ether criteria as determined by the District and the City's Park & Recreation Department. Current space requirements are a minimum of 3D square feet of indoor play space per child. If the City is cited far 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'! 1. -LIMITATION ^N LOCATIGN Notwithstanding Section 1 D above, all activities conducted in accordance with this Agreement must be conducted exclusively on a school campus of the West nso Independent School District pursuant to this Interlvcal Agreement. ARTICLE 12. - CQNTRQL QF FACILITIES ANO ANNQUNCEMENTS 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 ac#s 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 Cade, Section 33.9Q2, 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 ^istrict's school-age studen#s. The public is notified of the hearings through advertisements in the Corpus Chris#i 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 Schavls must mutually agree to the change{s} before they are implemented. H:ILEG-^IR1~,isa12~10 ParklSumtner Camp Latchkey Agreement West aso.da~ 4 ARTICLE 16. - NOTICES 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: Far the City: Ms. Stacie A. Talbert, Interim Director City of Carpus Christi Parks ~ Recreation Department P.D. Drawer 9277 Carpus Christi, Texas 78459-9277 For Wes# Dso I.S.D.; West Dso 1.5.D. Attn: Dr. Mary Jane Garza, Assistant Superintendent P. D. Drawer 110 Corpus Christi, Texas 78403 ARTICLE 17. - APPRQPRIATIQN QF FUNDS The City and District agree that the performance of each is subject to the abili#y of the parties to provide yr 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 Interiocal Cooperation Act, Chapter 791, Texas Government Cvde. In accordance with said Act, the parties hereto acknowledge that any payments made pursuant tv the terms of this Agreement shall be made from current revenues available to the paying party, and any future payments are subject tv appropriations. ARTICLE 18. -EQUAL QPPQRTUNITY 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., Sectran 1a6, et seq.j, and all other applicable federal and state nondiscrimination statutes or laws. ARTICLE 19. -LAW GQVERNING 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 NueGes 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 tv media#ion if there is an imminent risk of lass or damages. ARTICLE 21. -FARCE MA,3EURE Each party hereto shall be excused from performance hereunder far 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, yr other cause beyond its reasonable control, including, but not H:V.EG-DIR1Lisa12010 ParklSummer Camp Latchkey Agreement West ~so.doc limited ta, failures or fluctuations in electrical power, heat, light, air conditioning, ^r telecommunications equipment. Such non-performance shall not be a default or a ground far termination under this Agreement. WHEREAS, the City of Carpus Christi and the West Oso independent School ^istrict 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. SIGNED: THE CITY OF CORPUS CHRISTI WEST r SQ `An I Es ob r, City Manager sst. D e: ____~p~g~ 1 ~ ^ate: _ Attest: Armando Chapa, City 5ecr ary Approved this them day of ~,, 2414 o~.vYi Lisa Aguilar sistant City Attorney for City Attorney s. D~A~ ~ ~ Co~nfft Jane Garza Sf~RFT~IRY H:ILEG-DlRlLisa12D10 ParklSummer Camp Latchkey Agreement West Oso.doc {