INTERLOCAL AGREEMENT BETWEEN DALLAS INDEPENDENT SCHOOL DISTRICT and TEXAS TECH UNIVERSITY This Interlocal Agreement (“Agreement”) is made between Dallas Independent School District (the “District” or “Dallas ISD”) and Texas Tech University on behalf of its College of Education (“TTU”) on this 1st day of August, 2020 or upon final execution Dallas ISD and TTU may be referred to throughout individually as a “Party” or collectively as “Parties.” Pursuant to the authority granted by the “Texas Interlocal Cooperation Act,” Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the Parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: WHEREAS, the District desires that TTU provide programs for District teachers and administrators; WHEREAS, this Agreement is made under the authority of Sections 791.001-791.029 of the Texas Government Code; WHEREAS, the Parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that Party; WHEREAS, the governing bodies of each Party find that the subject of this Agreement is necessary for the benefit of the public and that each Party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this Agreement; furthermore, the governing bodies find that the performance of this Agreement is in the common interest of both Parties; and that the division of cost fairly compensates the performing Party for the services performed under this Agreement; NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by Dallas ISD, the Parties agree to the following: Scope of Work a Certificate in Personalized Learning Pending successful admission of applicants, TTU will provide Dallas ISD educators with: (1) a Graduate Certificate in Personalized Learning program, a five (5) course sequence intended to help Dallas ISD meet its instructional goal to facilitate student-centered learning environments that support all students to reach their greatest academic potential This program is intended to help Dallas ISD meet its instructional goals This TTU program has been uniquely designed for Dallas ISD educators The coursework will be available online and/or face-to-face with professors, and any supervision components for the program will occur remotely or be video-recorded b Curriculum Design for Personalized Learning Program Pending successful admission of applicants, TTU will provide Dallas ISD educators with: (1) a Curriculum Design for Personalized Learning Program intended to help Dallas ISD meet its instructional goal to facilitate student-centered learning environments that support all students to reach their greatest academic potential This program is intended to help Dallas ISD meet its instructional goals This TTU program has been uniquely designed for Dallas ISD educators The coursework will be available online and/or face-to-face with professors, and any supervision components for the program will occur remotely or be video-recorded This course supports, but is separate to, the graduate certificate program Term of the Agreement The Term of this Agreement is August 1, 2020, or upon final execution, through August 31, 2021 Costs and Fees a The Parties understand that the total amount Dallas ISD will expend out of this Agreement will not exceed $125,250 b Tuition and Fees For the Term of this Agreement, tuition and fees for the Certificate Program Courses and Curriculum Design Course will not exceed $125,250 To illustrate: i A one-time application fee and associated application costs per Dallas ISD applicant in the amount of TTU’s current academic year application fee rate (currently $75.00) This fee will be for up to sixteen (16) students who will be applying for TTU’s graduate certificate program This fee will also apply for up to sixteen (16) students who will be applying for TTU’s Curriculum Design course Therefore, up to thirty-two (32) students total will apply under this Agreement This portion constitutes $2,400 ii a) The current full tuition rates and fees that are published in the Global Fee Document To clarify, TTU academic years reflect a fall to summer academic term; therefore, tuition and fees are approved for that time frame Therefore, Dallas ISD agrees to pay the approved tuition and feesapproved for the academic year in which a student is enrolled b) For the Term, tuition and fees for the Certificate Program are as follows: i To complete the five (5) course sequence, students in the Graduate Certificate in Personalized Learning program (cohort 4) would typically be required to take a total of two courses (Fall, 2020 and Spring, 2021) The tuition cost is $1,365 per course for the summer term, and $1,365 per course for the Fall and Spring semesters Therefore, $35,490 is the estimated total for all two (2) courses for up to thirteen (13) students At this point, Dallas ISD estimates thirteen (13) students ii Students in the Graduate Certificate in Personalized Learning program (cohort beginning in fall 2020), would typically take a total of three (3) courses (fall 2020; spring 2021; summer 2021) The cost for each course, per student, is $1,365 Dallas ISD will pay for up to sixteen (16) students, for each course That total would equal $65,520 Dallas ISD estimates sixteen (16) students at this time c) For the Term, tuition and fees for the Curriculum Design Course are as follows: i Students in the Curriculum Design Course in the Personalized Learning Program would typically take one course (spring 2021) The cost for the course, per student, is $1,365 Dallas ISD will pay for up to sixteen (16) students, for each course That total would equal $21,840 Dallas ISD estimates sixteen (16) students at this time Payment Terms a All tuition and fee payments (Section 3(b)) due must be processed and paid through TTU Student Business Services (“SBS”) a Enrolled students are ultimately responsible for reviewing tuition and fees statements, and for paying amounts due b In order for Dallas ISD to be invoiced as a third party sponsor, SBS will require third party sponsor agreements (see Section 3(b)(ii)(A) and Exhibits A and B) and may require additional documentation (e.g residency questionnaire) from the admitted student or Dallas ISD b Dallas ISD will not be responsible for any withholding required by federal or state law Default and Termination Either Party may, without cause, terminate this Agreement at any time upon giving advance written notice at least thirty (30) days prior to the last day of the academic semester Upon termination pursuant to this paragraph, TTU shall be entitled to payment due TTU for the services actually performed from the time of the last payment date to the termination date in accordance with this Agreement Dallas ISD will not be required to reimburse TTU for any services performed or expenses incurred after the date of the termination notice Independent Contractor TTU, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of Dallas ISD, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of District, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits TTU hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law Insurance Both Parties acknowledge that the other governed by the Texas Tort Claims Act, which sets forth certain limitations and restrictions on the types of liability and the types of insurance coverage that can be required of the Parties hereto The Parties hereto represent to the other that it either has insurances policies in place or sufficient resources to selfinsure for all claims for which it may be responsible under the Texas Tort Claims Act The Parties further represent to the other that it either has workers’ compensation insurance in the amount required by statute or is entitled to selfinsure for workers compensation coverage under Texas law and has elected to so Miscellaneous a Loss of Funding and Commitment of Current Revenue: If District terminates this Agreement pursuant to this paragraph, TTU will have the right to collect and retain payment for services rendered to District through termination date but shall not be entitled to any early termination charges b Entire Agreement; Modifications This Agreement supersedes all prior agreements, written or oral, between TTU and District regarding the subject matter herein and shall constitute the entire Agreement and understanding between the Parties with respect to the subject matter hereof This Agreement and each of its provisions shall be binding upon the Parties and may not be waived, modified, amended or altered except by a written amendment signed by District and TTU c Captions The captions of paragraphs in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction d Governing Law This Agreement and all of the rights and obligations of the Parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas e Waivers No delay or omission by either of the Parties in exercising any right or power accruing upon the non-compliance or failure of performance by the other Party hereto of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof A waiver by either of the Parties of any of the covenants, conditions or agreements hereof to be performed by the other Party shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained f Binding Effect This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective permitted assigns and successors g Notices: All notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: If to District: Angie Gaylord, Deputy Chief of Transformation and Innovation Dallas Independent School District 9400 North Central Expressway, Suite 401 Dallas, TX 75231 With Copies to: Kristen Watkins, Director of Personalized Learning Dallas Independent School District 9400 North Central Expressway, Suite 415 Dallas, TX 75231 If to TTU Jesse Perez-Mendez, Dean, College of Education Texas Tech University 3008 18th Street Lubbock, TX 79409 (806) 742-1998 With Copies to: Heather Greenhalgh-Spencer, Chair of Graduate Studies in Personalized Learning Texas Tech University 3008 18th Street Lubbock, TX 79409 (806) 834-5132; and Office of Procurement Services, Contracting Texas Tech Univeristy Texas Tech Plaza 1901 University Avenue, Suite 408 Lubbock, TX 79411 (806) 742-3844 contracting@ttu.edu or to such other person or address as may be given in writing by either Party to the other in accordance with the aforesaid h Severability In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein i Student Confidentiality Both Parties acknowledge a legal obligation to maintain the confidentiality and privacy of its student records in accordance with applicable law and regulations, specifically the Family Educational Rights and Privacy Act (“FERPA”) Both Parties agree to comply with FERPA and safeguard student information TTU may not re-disclose student records to a third party without prior written consent from the Dallas ISD parent or eligible student TTU will destroy any student information received from the District when no longer needed for the purposes listed in the Agreement j Force Majeure “Event of Force Majeure” means an event beyond the control of Dallas ISD or TTU which prevents or makes a Party’s compliance with any of its obligations under the Agreement illegal or impracticable, including but not limited to: act of God (including, without limitation, fire, explosion, earthquake, tornado, drought, and flood); war, act or threats of terrorism, hostilities (whether or not war be declared), invasion, act of enemies, mobilization, requisition, or embargo; rebellion, insurrection, military or usurped power, or civil war; contamination or destruction from any nuclear, chemical, or biological event; riot, commotion, strikes, go slows, lock outs, or disorder; epidemic, pandemic, viral outbreak, or health crisis; or directive of governmental authority No Party will be considered in breach of the Agreement to the extent that performance of their respective obligations is prevented or made illegal or impracticable by an Event of Force Majeure that arises during the term (or after execution of the Agreement but prior to the beginning of the term) A Party asserting an Event of Force Majeure hereunder (“Affected Party”) will give reasonable notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, Affected Party In the event of an Event of Force Majeure, Affected Party will endeavor to continue to perform its obligations under the Agreement only so far as reasonably practicable k Trafficking of Persons Under §2155.0061, Texas Government Code, Dallas ISD and TTU certify that the individuals or business entities named in the Agreement are not ineligible to receive the specified Agreement and acknowledges that the Agreement may be terminated and payment withheld if this certification is inaccurate This Agreement shall take effect upon execution by both signatories IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their authorized officers the day and year first above written DALLAS INDEPENDENT SCHOOL DISTRICT TEXAS TECH UNIVERSITY, ON BEHALF OF ITS COLLEGE OF EDUCATION Signature: Lawrence Schovanec Lawrence Schovanec (Jul 15, 2020 12:16 CDT) BY: _ BY: TITLE: President, Board of Trustees TITLE: President DATE: _ DATE: Email: lawrence.schovanec@ttu.edu Jul 15, 2020 ATTEST: Signature: Noel Sloan (Jul 15, 2020 11:14 CDT) BY: BY: TITLE: Secretary, Board of Trustees TITLE: Chief Financial Officer Email: noel.a.sloan@ttu.edu DATE: Jul 15, 2020 Approved As To Form: Dallas ISD Legal Counsel 7/16/2020 Dallas ISD #C15788 final Final Audit Report Created: 2020-07-15 By: Dani Mascorro (danielle.mascorro@ttu.edu) Status: Signed Transaction ID: CBJCHBCAABAAp3BKHJcUB4Lzn866mTmoEEDxDc5XdcGs 2020-07-15 "Dallas ISD #C15788 final" History Document created by Dani Mascorro (danielle.mascorro@ttu.edu) 2020-07-15 - 3:59:36 PM GMT- IP address: 129.118.87.105 Document emailed to Noel Sloan (noel.a.sloan@ttu.edu) for signature 2020-07-15 - 4:00:09 PM GMT Email viewed by Noel Sloan (noel.a.sloan@ttu.edu) 2020-07-15 - 4:08:58 PM GMT- IP address: 104.47.45.254 Document e-signed by Noel Sloan (noel.a.sloan@ttu.edu) Signature Date: 2020-07-15 - 4:14:06 PM GMT - Time Source: server- IP address: 129.118.57.13 Document emailed to Lawrence Schovanec (lawrence.schovanec@ttu.edu) for signature 2020-07-15 - 4:14:08 PM GMT Email viewed by Lawrence Schovanec (lawrence.schovanec@ttu.edu) 2020-07-15 - 5:15:36 PM GMT- IP address: 104.47.44.254 Document e-signed by Lawrence Schovanec (lawrence.schovanec@ttu.edu) Signature Date: 2020-07-15 - 5:16:08 PM GMT - Time Source: server- IP address: 129.118.55.95 Signed document emailed to Noel Sloan (noel.a.sloan@ttu.edu), Dani Mascorro (danielle.mascorro@ttu.edu) and Lawrence Schovanec (lawrence.schovanec@ttu.edu) 2020-07-15 - 5:16:08 PM GMT ... As To Form: Dallas ISD Legal Counsel 7/16/2020 Dallas ISD #C15788 final Final Audit Report Created: 202 0-0 7-1 5 By: Dani Mascorro (danielle.mascorro@ttu.edu) Status: Signed Transaction... 202 0-0 7-1 5 - 5:15:36 PM GMT- IP address: 104.47.44.254 Document e -signed by Lawrence Schovanec (lawrence.schovanec@ttu.edu) Signature Date: 202 0-0 7-1 5 - 5:16:08 PM GMT - Time Source: server- IP... CBJCHBCAABAAp3BKHJcUB4Lzn866mTmoEEDxDc5XdcGs 202 0-0 7-1 5 "Dallas ISD #C15788 final" History Document created by Dani Mascorro (danielle.mascorro@ttu.edu) 202 0-0 7-1 5 - 3:59:36 PM GMT- IP address: 129.118.87.105 Document