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18-1451ORDINANCE NO. 1$-1451 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MEMORANDUM OF UNDERSTANDING AGREEMENT BY AND BETWEEN DENTON 1NDEPENDENT SCHOOL DISTRICT AND THE CITY OF DENTON FOR PARTICIPATION IN THE ADVANCED TECHNOLOGY COMPLEX PRACTICUM OF LAW, PUBLIC SAFETY, CORRECTIONS, AND SECURITY PRORAM FOR THE 2018-2019 ACDEMIC YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") and the Denton Independent School District ("DISD") desire to enter into an agreement to provide internship opportunities for students interested in pursuing employment within law enforcement; and WHEREAS, the DISD and the City, parties hereto agree and by the execution hereof are bound to the mutual obligations outlined in the Memorandum of Understanding ("MOU") attached hereto and made a part hereof by reference; and WHEREAS, the City Council of the City of Denton hereby finds that the agreement between the City and DISD, attached hereto and made a part hereof by reference serves a municipal and public purpose, is in the public interest, and is of a benefit to the citizens of the City of Denton; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION l. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Memorandum of Understanding with the Denton Independent School District to carry out the duties and responsibilities of the City under the MOU. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. �� 1 �s made bY ....m.. ".�n�� p,��. ,�"�� .. pp and seconded �. b � m" � � ° the ordinance was assed and a roved by the TY e. mot�o� �o �� c��v � t�� or inance wa.. .� I'c��lc��r�� v��. �.__. �_ •~ __�` � � Mayor Chris Watts; Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Aye Nay �� ; �.W.... � �� ,, � ��,/ �� Page 1 Abstain Absent Paul Meltzer, At Large Place 6: www__ � �� ,� � �� ., � �'� �� day of ..._....�� :.... _ 2018, PASSED AND APPROVED this the _�_._. ---� �� . � � ,��.��%�� m...�......� ��..... ...�.....�..m—_______. [:'i �l � �WATTS, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I: ��'�:'��4��f�� l� TO LEGAL FORM: �� LEAL, CITY ATTORNE�":., :' STATE OF TEXAS COUNTY OF DENTON AFFILIATION AGREEMENT BETINEEN THE ��N�"�� Ii�C�'�p�l��1�" �� I�TI�N�"I" �ei��'�� 11f'� �� P��"��_� �,�" � �� "� ' n � f �"4�� a�;r�c�rn�n� i� ra�,�d� �rr�d �m�t�r��i ir�� a� a�� CN�+� �;�.M.°a�.��. c��jt �f �...�.�� ° � �i�:i,�i k��w��r'� the Denton Independent School District, for and on behalf of the Advanced Technology Complex Practicum of Law, Public Safety, Corrections, and Security Program, hereinafter referred to as the "School," and the City of Denton, a home rule municipal corporation hereinafter referred to as "Facility." WHEREAS, it is agreed by the parties to be of mutual interest and advantage that the students and faculty of the School be given opportunity to utilize the Facility as a practice laboratory for educational purposes. NOW THEREFORE, in consideration of the covenants, promises, terms, and provisions contained herein, and for the considerations expressed herein, the Facility and the School mutually AGREE to the following; I. Term of the Agreement: To the extent allowed by state law, this Agreement shall be effective from the execution date and shall remain in full force and effect until May 31, 2019. II. Obligations of the Facility: A. The Facility will permit students of the School to observe routines and procedures under the direct supervision and responsibility of the licensed person of the Facility. Students may, at the discretion of the Facility, perform any duties that the Facility deems safe and legal (not involving invasive procedures or dealing with private personnel information). B. The Facility shall provide a safe working environment and intern assignments should be hazard free duties within the assigned unit of the Facility to the extent reasonably possible. C. To directly supervise students in performance of all skills and procedures. D. To explain Facility routines, procedures, and policies followed in the Facility. E. To assist in evaluating students' progress and performance. F. The Facility will provide progress reports as needed and indicate if there are areas of concern regarding the Student's attitude or perFormance. III. Obligations of the School: The School will provide the Facility with the names of the students who are enrolled in the Denton Independent School Districts Practicum of Law, Public Safety, Corrections and Security Program. A. The School will not discriminate against any applicant for enrollment in its course of study because of race, religion, color, national origin, sex, or disability. Page 1 of 5 B. The School shall take/make all reasonable efforts to see that all student and faculty members are instructed in the need to respect the confidential nature of all information which may come to them with respect to any records. Any student or faculty member found to be in violation of the Facility's confidentiality of rules and regulations will be summarily dismissed. C. The salaries and expenses of any instructor, supervisor or other employee of the School will be paid solely by the School. The school agrees that members of its faculty will serve as consultants and on its committees of the Facility when requested by the Facility. IV, Representations and Understanding of the Parties A. The number of students in the Facility will be mutually agreed upon between the School and the Facility at the beginning of each semester. B. The period of assignment shall be during regular School academic sessions except in the instance of special arrangements, such as for workshop participants. C. Representatives of the School and the Facility shall meet as often as necessary to study the Practicum of law, Public Safety, Corrections, and Security Education Program and terms of this Agreement and make such suggestions and changes as needed. D. It is understood between the parties that under no circumstances shall any member of the School's student body or faculty be considered an agent or employee of the Facility. This will be stated on the student's name tag. E. School personnel, faculty and students will be subject to the rules and regulations established by the Facility and the division within the Facility to which they are assigned. F. The Facility will charge the School no fees for the Practicum of Law, Public Safety, Corrections and Security experience afforded to the students; G. Each participating student will provide their own transportation to and from the Facility. H. The Facility retains the right to request reassignment of the student within their sole discretion I. Reassignment requests should be in writing and are effective the date written notice is sent regardless of whether or not the School has responded. �, The parties will be reasonably available to each other for the purpose of continuing communication between the Facility and the School when necessary to provide optimum experience for student learning. Page 2 of 5 K. This Agreement will be evaluated on an annual basis. V. Termination of Agreement: The Facility or the School shall have the right to terminate the Agreement, in whole or in part, without cause any time upon thirty (30) calendar days' prior written notice. VI. Notice: Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via electronic mail, hand-delivery or facsimile, addressed or sent to School or the Facility, as the case may be, at the following addresses: School: Denton Independent School District 1307 N. Locust Denton, Texas 76201 Facility: City of Denton Denton Police Department 601 E. Hickory, Suite E Denton, Texas 76205 Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. VII. Facility Property: In the event any damage or injury is caused to the equipment or facilities provided by the Facility hereunder, by the negligence or improper conduct of the School its students, agents, volunteers, subcontractors or employees, the School shall cause the said damage or injury to be repaired as speedily as possible at its own cost and expense. VIII. No Assignment: This Agreement is solely between the parties and cannot be assigned to another party without the express advance written approval of the non-assigning party. IX. Modification: No modification of this Agreement shall be effective unless it is in writing and signed by both parties to the Agreement. X. Governing Law and Venue: This Agreement is subject to, governed by, and shall be construed under the laws of the State of Texas, Venue of any suit or cause of action arising under this Agreement shall be exclusively in Denton County, Texas. XI. Severability: If any provision of this Agreement is found or deemed by a court of competent Jurisdiction to be mvalld or unenforceable, It shall be considered severable from the remainder of this Agreement, and Page 3 of 5 shall not cause the remainder of this Agreement to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the parties hereto respecting the stricken provision. XII. Captions: The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. XIII. No Waiver: This Agreement SHALL NOT be construed or interpreted to modify, waive, change or alter any privileges, immunities, or rights granted to, or retained by the Denton Independent School District or by the City of Denton, by virtue of any applicable law. IN WITNESS WHEREOF, the Facility and the School have executed thisAgreement in duplicate �rigia��1 c�unt�r�aart,�a �h� ��¢ail��y ��t:in� by �nr� t��,��i� i�� uly-a��c�ri�� "i�.�r N�1��a��r, �r�� * S�h��! �� a� ��~�� rr�au��i� i��, ��y��u��l�c�rcz�d �rrr��r��i�r�� r,� crr� thu� t�� ° ��r°�l�'�.. r��r �i� �;�'��"� ��,r-�� .i�, Denton Independent School District City of Denton Advanced Technology Complex , � BY Title �� _�„ Date � �IT...� I " City Manager � „� " � �,. �_�...� �",�:.�., m. � �, M,... l�,� � Title `—c �- �� u�.� � _M,�.. � � Date � b I O� Z-'a I� APPROVED AS TO LEGAL FORM, ATTEST: AARON LEAL, CITY ATTORNEY �w;C�T"""�" SECRETARY °�. � l� '� OF L��:� C � �,� �� ' ��.w��"��.� ��,.� � � .. �k� �u� � r�� sY;� � � � �l�' � � � � , � "� � � ' � '� r, � , � �� THIS AGREEMENT HAS �� 4�� BOTH REVIEWED AND APPROVED as to financial and operational obli2ations and business terms. . . �w�u�ure Page 4 of 5 , � <, � _ ,��" __ � �" Title � �� _ ,��"" � � '"�f ��""�;� � Department Date Signed: � � Denton ISD does not discriminate on the basis of race, religion, color, national origin, sex, or disability in providing education or providing access to benefits of education services, activities and program, including vocation programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended: Title IX of the Educational Amendments of 1972; section 504 of the Rehabilitation Act of 1973, as amended; and Title ll of the Americans with Disabilities Act. Inquiries regarding these policies should be directed to the Executive Director of Human Resources (940) 369-0000 Page 5 of 5