HomeMy WebLinkAboutC2017-504 - 12/12/2017 - Approved 1
INTERLOCAL AGREEMENT n
This Agreement made and entered into this day of �� , 2013, by
and between the Corpus Christi Independent School District, hereinafter referred o as"CCISD",
and the City of Corpus Christi, a Texas home-rule municipal corporation hereinafter referred
to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set
out in Chapter 791, Texas Government Code
WITNESSETH:
WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of
the state to enter into contracts for governmental functions and services to increase their efficiency
and effectiveness; and
WHEREAS, the CCISD and the City are local governments as defined in Texas
Government Code, Section 791.003(4), have the authority to enter into this agreement, and have
each entered into this agreement by the action of its governing body in the appropriate manner
prescribed by law; and
WHEREAS, both the City and CCISD represent to one another that each respective
party has the authority to enter into this agreement and perform the obligations and duties stated
herein; and
WHEREAS, the CCISD and the City specify that each party paying for the
performance of said functions of government shall make those payments from current funds
available to the paying party.
NOW THEREFORE, this contract is made and entered into by CCISD and City in
consideration of the aforementioned recitals and for the mutual consideration stated herein
("The Agreement"):
1. PURPOSE OF AGREEMENT
The purposes of the Agreement are to state the terms and conditions under which
CCISD provides facilities and services for City programs and to state the terms and conditions
for CCISD's use of City property and City facilities including the American Bank Center.
2. DUTIES OF THE PARTIES
A. CCISD agrees to make CCISD property available for City programs such as Latchkey,
youth sports, and adult sports under the terms and conditions as outlined on attached
Exhibit A for City Latchkey programs, and for City athletics.
B. CCISD agrees to provide transportation services for City programs such
programs under the terms and conditions as outlined on attached Exhibit B.
C. CCISD may agree to provide meals for City youth programs under separate
negotiated agreement(s). •
2017-504
12/12/17
Res. 031300
CCISD
INDEXED
2
D. The City agrees to provide its property, including the American Bank Center, for CCISD
Events under the terms and conditions outlined on attached Exhibit C.
3. TERM AND TERMINATION
This Interlocal Agreement shall have a ten year term and shall be effective as of
September 1. 2017 The agreement shall renew for successive five-year terms upon mutual
consent and written amendment by the parties. This agreement may be terminated in whole or
in part at any time by either party upon twelve months' written notice to the other party, or as
mutually agreed upon by the parties.
4. PRIOR AGREEMENTS
A. The parties agree that the prior Interlocal Agreement between the parties
regarding the Latchkey Program (City of Corpus Christi Contract Number 2012-369) has
continued in effect until the effective date of this Interlocal Agreement.
B. The parties agree that the prior Interlocal Agreement between the parties
regarding the Summer Transportation Program continues in effect until the effective date of
this Interlocal Agreement.
C. The parties agree that the prior Interlocal Agreement between the parties
regarding the Summer Food program continues in effect until its termination date.
5. NOTICE
Official notice shall be by written notice and delivery to all of the parties to this
Agreement. Delivery shall be fax or deposit in the United Stales Postal Service, first class,
return receipt requested to:
TO CCISD: Brigitte M. Clark
Chief Administrative Officer for CCISD
801 Leopard Street
Corpus Christi, Texas 78403-0110
Copy to: Brian S. Nelson
General Counsel for CCISD
801 Leopard Street
Corpus Christi, Texas 78403-0110
TO THE CITY: The City of Corpus Christi Director
of Parks and Recreation
P.O. Box 9277
Corpus Christi, Texas 78469-9277
•
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6. JNDEMNIFICATION
CCISD and City agree that both CCISD and City shall each be responsible for their
own negligent acts or omissions or other tortious conduct in the course of performance of this
Agreement, without waiving any sovereign governmental immunity available to either party
under Texas law and without waiving any available defenses under Texas law. Nothing in this
paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any
third persons or entities,
7. FISCAL FUNDING
In the event that payments or expenditures are made, they shall be made from
current funds as required by Chapter 791, Texas Government Code.
8. VENUE
Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas.
9. NONDISCRIMINATION
Parties to this Agreement shall not discriminate on the basis of race, color,
national origin, sex, religion, age, disability, sexual orientation.
10. SEVERABILITY
If any provision of this Agreement shall be held invalid, void or unenforceable, the
remaining provisions hereof shall not be affected or impaired, and such remaining provisions
shall remain in full force and effect.
11. DEFAULTIWAIVER/MITIGATION
Default shall mean noncompliance with the terms of this Agreement or its exhibits. In the
event of any default, the non-defaulting party may provide written notice of said default, and
provide opportunity to cure, at least 90 days. It is not a waiver of default if the non-defaulting
party fails to declare immediately a default or delays in taking any action. Pursuit of any
remedies set forth in this Agreement does not preclude pursuit of other remedies in this
Agreement or provided by law.
12. HEADINGS
The titles which are used following the number of each paragraph are only for
convenience in locating various provisions of this Agreement and shall not be deemed to affect
the interpretation or construction of such provision.
13. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument.
4
14. MERGER AND INTEGRATION
This Agreement and exhibits, if any, attached hereto contain the entire agreement of
the parties with respect to the subject matter of this Agreement, and supersede all prior
negotiations, agreements and understandings with respect thereto.
15. 'REMEDIES
In the event of any default, the non-defaulting party may provide written notice and at
least 90 days to cure. If the default remains uncured, then the nondefaulting party may
terminate this Agreement without penalty. This Agreement shall not be considered as specifying
the exclusive remedy for any agreement default, but all remedies existing at law and in equity
may be availed of by either party to this Agreement and shall be cumulative.
16. AMENDMENT
This Agreement may be amended in writing by duly authorized officials of City and District.
Modifications which do not change the essential scope and purpose of this Agreement may be
approved by the City Manager on behalf of the City, and by the Superintendent on behalf of
District.
17. APPROVAL AND EFFECTIVE DATE
This agreement is expressly subject to and contingent upon formal approval by CCISD
and its Board of Trustees, if applicable, and by resolution of the Corpus Christi City Council. The
effective date of the Agreement is September 1, 2017.
IN WITNESS WHEREOF this Agreement has been executed on behalf of the CCISD
and the City of Corpus Christi in the manner provided by law.
THE CITY OF CORPUS CHRISTI
By: ` tt-V , C
Margie C. Rose
City Manager
Date: jal� • r'i
ATTEST:_ l
By?£ J-�C — �1�� -A
Rebecca Huerta, City Secretary
APPROVED AS TO FORM:
By: ...�.................. J ri7L.
Lisa Aguilar, Ass's nt City Attorney �Y
For City Attorney mom_ 12—
SECRETAR
5
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By: -: .,(._.. ki,..
Roland Hernandez, Ph. D. Superintends
Date: I— 3 - / e
Approved by:
.41111111P-
IN..i a Clark.
. inistrative and Financial Officer
Date: \ AW)
I
11111- roved by:
J ..
r_
. JJ r illA►..Ic_
Arnulfo ezalez r
Director • 'urch. sin.
Date:
Approved :s to Legal Form:
I • / I
By: &igilliaigiat
Brian S. Nelson
General Counsel for CCISD
Date: / L- L0 tr
EXHIBIT A
PAGE 1
REGARDING TERMS AND CONDITIONS FOR USE OF CCISD FACILITIES
1. CCISD agrees to provide school buildings and playground facilities for the City programs
subject to availability of CCISD facilities. This includes building utilities such as water, gas,
electricity; use of tables, chairs, televisions and DVD players (if available); and access to
telephones for emergency calls, and to playground facilities. CCISD will provide access to
sufficient number of restrooms to meet site capacity.
2. CCISD agrees to conduct joint site inspections with the City to determine compliance with
applicable safety codes. At the date and time agreeable to CCISD, this includes yearly
fire and gas line inspections and continual monitoring and repair of alarm systems and
safety equipment. The City must immediately report to CCISD any known damage to the
CCISD facility that occurs while in use for the City program.
3. CCISD agrees to provide reasonable health care supplies, including lined trash cans,
soap, paper towels, and toilet paper for each site.
4. CCISD agrees to provide reasonable daily custodial maintenance which may include
the emptying of trash containers, sweeping and mopping of floors, and cleaning of all
space utilized by the City program.
5. Once the parties have identified a location and schedule for the City program at the
CCISD location, then the City program shall not be relocated, except upon at least 24 hours
advance prior written approval from both the City and CCISD. However, no relocation of the
program is to occur between 3:30 p.m. and 5:00 p.m.
6. The City is responsible for administration of the entire City programs, including setting
and collecting fees, providing and monitoring rules and regulations related to student
discipline; replacing items that are damaged during the City programs.
7. The City will reimburse CCISD for the damage or loss at replacement value of any
damage which occurred during the City use of the property for the Latchkey or other City
program. CCISD will provide proof of 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.
8. The City shall be responsible for all City program activities including arts and crafts
and structured recreational play.
9. During the City programs at CCISD facilities, 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, City personnel will be instructed to not place chairs on top of tables.
10. City staff will prohibit the use, sale or possession of tobacco products, alcoholic
beverages, illegal drugs, and firearms on school property by staff, students, parents and
other visitors.
11. The City will maintain all licenses as may be required by the State of Texas.
Monitors for City programs licensed by the State may make random visits to determine
compliance with State guidelines. CCISD may request and City will provide a copy of
any State issued certification or license for the City program conducted at the CCISD
facility.
EXHIBIT A
PAGE 2
REGARDING TERMS AND CONDITIONS FOR USE OF CCISD FACILITIES
12. 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 CCISD and
the City's Park & Recreation Department. Current space requirements for the City
Latchkey program are a minimum of 30 square feet of indoor play space per child. If the
City is cited for 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 CCISD chooses to
remedy the non-compliance at its cost or allows the City the right to implement non-
structural remedies at its cost. All activities conducted in accordance with this Agreement
must be conducted exclusively on a school campus of the CCISD pursuant to this
Interlocal Agreement.
13. CCISD 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 CCISD 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.
14. FEES FOR USE OF CCISD FACILITIES. Starting on the first day of school in a given
CCISD school calendar year, the City shall be invoiced by CCISD for 100% of CCISD
electricity costs for the various CCISD facilities used for City programs, based upon the
hourly rate schedule provided by CCISD to the City at the start of the CCISD school year.
CCISD will invoice the City at the end of each calendar month based upon the City's actual
hourly use of the CCISD facility. The hourly rate schedule for City Latchkey program during
the 2017-2018 CCISD school year is attached as"CCISD Latchkey Use of District Facilities
2017-2018". The CCISD facilities hourly rates for other City programs are listed on attached
"Facility Fee Schedule 2017."
City Latchkey Use of District Facilities 2017-2018
Zone Chg Ho rs Coat/I/ay x Days Total Cost
Barnes Afterschoo 9-1-17 15-30-18 $21.34 564.02 176 $11,267.52
Bedanga Afterschoo 9-1-17/5-30-18 $11.34 $64.02 176 $11,267.52
Calk-Wilson Afterschoo 9.1-17/5-30-10 $21.34 564.02 176 $11,257.52
Calk-Windsor Pk Afterschoo 9-1-17/5-30-18 $12.67 538.01 176 56689.76
Club Estates Afterschoo 9-1-1715-30-18 $11.67 535.01 176 56,161.76
Dawson Afterschoo 9.1-17/530-18 $21.34 $54.02 176 511,257.52
Galvan Afterschoo 9-1-1715-30-18 $15.00 $45.00 176 $7,920.00
Garcia Afterschoo 9-1-17/5-30.18 52134 $64.02 176 511,267.52
Hicks Afterschoo 9-1-17/5-30.18 521.34 $64.01 175 $11,267.52
Houston Afterschoo 9-1-17/5-30-18 $16.34 549.02 175 58.627.52
Jones Afterschoo 9-1-17/5-30-18 $15.00 $45.00 176 $7,920.00
Kolda Afterschoo 9-1-17/5-30-18 $21.34 $64.02 176 $11,267.52
Meadowbrook Afterschoo 9.1-17/5-30-18 $15.67 $47.01 176 58,273.76
Merger Afterschoo 9-1-37/530-18 $13.34 $40.02 176 $7,043.52
Metra-E Afterschoo 9-1-17/5-3010 $20.00 $60.00 176 $10,560.00
Mireles Afterschoo 9-1-17/5-30-18 $21.34 $64.02 176 $11,267.52
Montclair Afterschoo 9547/5-30-18 $12.67 $38.01 176 56,68976
Moore Afterschoo 9-1-17/530-18 $14.67 $44.01 176 $7,745.76
Sanders Afterschoo 9-1-17/5-30-18 $14.34 $4302 176 $7,571.52
Schanen Afterschoo 9.1.17/530-18 $14.34 543.02 176 57,571.52
Smith Afterschoo 9-1-17/5-30-18 $14.00 $42.00 176 $7.39200
Webb Afterschoo 9-1-17/5-30-18 $21.34 564.02 176 511,267.52
Woodlawn Afterschoo 9-1-17/5-30-18 $13.34 $40.02 176 $7,043.52
Yeager Afterschoo 9-1-17/5-30-18 $14.67 $44.01 176 $7,745.75
T tal Afterschool Latchey $216,363.84
Galvan Thanksgiving Break 11.20-17/11-24-17 $15.00 3-4-5 An/Music/Cafe 2 5180.00 5 5900.00
T tel Thanksgiving Break $900.00
Galvan Winter Break 12-18-17/12-29-17 $15.00 3.4.5 Art/Musi4Cafe 2 $18000 9 $1,62000
Total Winter Break $1,620.00
(Galvan Spring Break 3.12-18/316-18 515.00 3-4.5Art/Music/Cafe 12 $180.00 reI 5 $900.00
Total Spring Break $900.00
Dawson Summer 6-11-18/8-4-18 521.34 3-9.547 Art/Music/Cale/Dat 12 $256.08 40 $10,24320
Galvan Summer 011-1818-4-18 $15.00 34-5 An/Music/Cafe 12 $180.00 40 $7,200.00
Hicks Summer 6-11-18/84-18 $21.34 2-..
7aao nn/Mu4naf.W
a [a. 12 $256.08 40 $10,243.20
Smith Summer 6-11-13/8.4.18 $14.00 Enure Campus 12 $168.00 40 $6,720.00
Total Summer latchkey $34,406.40
Total Energy $254,190.24
Facility Fee Schedule 2017
Elementary Middle
Schools Cafeteria library Clossrm Gym All Zones Schools Coleterio library Clossrm Gym All Zones
Allen $32 $25 $32 $51 Adkins $32 $25 $63 $63 $120
Barnes $38 $32 $32 $64 Baker $32 $25 $25 $32 $88
Berlanga $38 $32 $32 $64 Browne $32 $25 $63 $32 $88
Calk $25 $19 $25 $42 Cullen $32 $25 $25 $32 $75
Club Estates $25 $19 $25 $42 Cunningham $32 $25 $25 $32 $75
Crockett $32 $25 $32 $51 Driscoll $32 $25 $32 $32 $120
Dawson $38 $32 $32 $64 Grant $32 $25 $38 $32 $95
Evans $34 $24 $34 $52 Haas $32 $25 $38 $32 $95
Fannin $25 $19 $25 $42 Hamlin $32 $25 $25 $32 $78
Galvan $25 $19 $32 $42 Kaffie $63 $25 $63 $63 $120
Garcia $38 $32 $32 $64 Martin $32 $25 $38 $32 $76
Gibson $25 $19 $25 $42 South Park $32 $25 $25 $32 $88
Hicks $38 $32 $32 $64 6IUdeS
Houston $25 $19 $32 $42 High Schools Cafeteria class= Old Gym New Gym All Zones
Jones $25 $19 $25 $42 Carroll $38 $63 $38 $38 $177
Kolda $38 $32 $32 $64 King $63 $63 $63 $38 $185
Kostoryz $32 $25 $25 $51 Miller $38 $114 $38 $38 $205
Los Encinos $25 $19 $25 $42 Moody $63 $88 $63 $38 $219
Meadowbrook $25 $19 $32 $42 Ray $38 $88 $63 $38 $222
Menger $25 $19 $25 $42 - Veterans $63 ' $63 $63 $63 $250
Metro E $32 $25 $25 $32 $51 No Public Auditorium Rentals $ 65.00 '"da:
a
Mireles $38 $32 $32 $51 Other Cofeterio Assembly Clossrm Gym All Zones
Montclair $25 $19 $25 $42 Admin. Bldg $35
Moore $25 $19 $32 $42 Branch $38 $38 $64
Oak Pork $38 $32 $32 $64 Coles $25 $63 $45 $88
Sanders $32 $25 $25 $51 Lamar $25 $25 $45
Schanen Estates $32 $25 $38 $51 Grett/Lozano $25 $25 $45
Shaw $32 $25 $32 $51 Sports Events Bose Avg Seals
Smith $32 $25 $32 $51 Buc Stadium $2,400 10,000
. Travis $25 $19 $25 $42 Cobaniss Football $2,400 8,000
Webb $38 $32 $32 $64 Cabaniss Baseball $1,000
Wilson Cabaniss Softball $1,000
Windsor Pork $25 $19 $25 $42 Cabaniss Soccer $1,025
Woodlawn $32 $25 $32 $51 High School Basketball $665 1,325
Yeager $25 $19 $32 $42 High School Baseball $200 50
Zavala $38 $32 $32 $64 High School Soccer $200 50
Facility Rentals:+2 hours cool down
Portables $15 per hour
Covered Play Areas $25 per night
Tennis Court Lights $25 per hour
Security/Police $25/$25/hour-required over 100 people 3 hour minimum
Custodians $25/hour-3 hour minimum
Metro E Auditorium $38/hour seats 600+ Facilitator Charge$25/hr
Miller Auditorium $114/hour seats 825+ Facilitator Charge$25/hr
Veterans Auditorium $65/hour seats 994+ Facilitator Charge$25/hr
Ray Old Gym holds 1876,Carroll New 1304, King New 1381,Miller New 1329, Moody New 1350 11/10/2017
EXHIBIT B
PAGE 1
TERMS AND CONDITIONS REGARDING CCISD TRANSPORTATION SERVICES
1. Services to be provided. CCISD shall review and consider requests to provide its
CCISD school buses (including ADA accessible school buses) and CCISD-employed school bus
drivers as needed by the City for transportation for City program field trip activities. Transportation
requests will be considered on a trip by trip basis dependent on the availability of buses and staff.
2. Consideration. For City budget year 2017-2018, the City shall pay CCISD$2.00 per
mile for each mile traveled from the CCISD's bus barn to the activity site and back to the CCISD's
bus barn. In addition, the City agrees to pay $30 per hour per bus driver. In future City budget
years, the price may be increased by up to ten (10) percent upon agreement of the Director of Parks
and Recreation and the CCISD Superintendent. CCISD agrees to provide the City with at least 90
days advance written notice of any increases. This payment shall be full compensation to the CCISD
for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet
liability insurance, salary for the bus drivers, and all other related costs and expenses to the CCISD.
3. Billing. The CCISD shall bill the City on a monthly basis, except for summer. CCISD
shall bill the City for entire summer program in one invoice. City shall pay the bill within two Fridays
after receipt of the bill out of current City revenue.
4. CCISD Bus Maintenance. The CCISD will maintain its buses at its bus maintenance
facility during the term of this Agreement as a part of the consideration.
5. CCISD Bus Drivers. The school bus drivers assigned by the CCISD to provide
services under this Agreement shall be CCISD employees for all purposes. The school bus drivers
are not City employees for any purpose.
6. Coordination. The City's Director of Park and Recreation, or designee, shall place
a weekly order with the representative from CCISD, or their designee, for the number of buses
needed, the sites at which the buses are needed, the address of the activity to be undertaken from
each site, the time at which the buses must arrive at each site to pick up the various program
participants, and the time at which the buses must arrive at each activity site to pick up the various
program participants to return them to their respective sites. Transportation requests will be placed
no later than seven days prior to date of departure. As per licensing, buses must remain on site
during Latchkey field trips.
7. Governmental Service. This Agreement is between the City and the CCISD for the
purpose of providing transportation between the various City Program sites and activity sites.
8. Insurance. CCISD agrees to provide following insurance and name City as
additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for CCISD
of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property
damage. CCISD also agrees to provide worker's compensation coverage as required by law. In the
alternative if CCISD is self insured, CCISD may provide City Director of Parks and Recreation with
a letter confirming self insurance coverage in accordance with applicable law.
EXHIBIT C
PAGE 1
REGARDING TERMS AND CONDITIONS FOR USE OF CITY FACILITIES FOR CCISD EVENTS
1. The City agrees to provide its building facilities, including the American Bank
Center, for required CCISD events, subject to availability and execution of
separate rental agreement. This includes building utilities such as water, gas,
electricity and access to telephones for emergency calls, use of tables, chairs,
and restroom facilities which shall include all restroom supplies. The City will
provide access to sufficient number of restrooms to meet site capacity.
2. The City agrees to provide the American Bank Center for the following annual
CCISD events, at the indicated amounts for all items listed in paragraph 1 above
for school year 2017-2018:
A. CCISD Holiday Concert $5,007.00
B. CCISD Coastal Bend Area College Night & Career Expo $6.357.00
C. CCISD State of the District $9.657.00
D. CCISD Graduations $47,912.00
E. CCISD Teacher of the Year $3,957.00
This pricing is subject to basic staffing levels sufficient to provide adequate and safe
operation of the American Bank Center based upon CCISD needs determined by the
management company of the American Bank Center. Additional staffing requested by
CCISD above and beyond basic staffing levels (such as but not limited to: camera
personnel, concierge, merchandise sellers, EMT, house lighting technician, set/strike
scaffolding) will result in additional labor costs.
In addition, use of equipment (defined as but not limited to: tables, chairs, podium, table
skirtsjnicrophones, Mc) will be separately charged along with labor costs in setting up the
equipment.
Additional expenses will be charged related to use of the American Bank Center, including,
but not limited to, when applicable:
• Advertising, catering, stagehands, production (sound & lights) and insurance.
• Deposit of 25% at the time of booking.
• 3% surcharge on credit cards used at the American Bank Center Box Office only.
• $2 facility fee on each ticket sold.
• Merchandise fee of 25% of net sales and 10% fee of CD/DVD net sales.
• Applicable taxes.
• Parking fee for patrons to park in American Bank Center parking lots, currently $5
per space.
All such costs for the use of the American Bank Center shall be increased in each year
by the percentage change in the Consumer Price Index—All Urban Consumers (CPI-U)
-- U.S. City Average —All Items, during the immediately preceding year, as published by
the Bureau of Labor Statistics of the U.S. Department of Labor, or any revised or
successor index hereafter published by the Bureau of Labor Statistics or other agency of
the United States Government succeeding to its functions.
3. Other City facilities. Fees for all other City facilities will be charged at rates based
on the standard City fee schedule for the facility, or if no standard fee schedule in effect
for the facility, then a separate fee will be negotiated.