HomeMy WebLinkAboutC2023-129 - 6/27/2023 - Approved DocuSign Envelope ID: D15A7F40-917A-4F62-90F9-AD6CA6240E33
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SERVICE AGREEMENT NO. 4750
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Water Conservation Education
hCORPORnE°
7852
THIS Water Conservation Education Service Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and Nueces River Authority ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Water Conservation Education in
response to Request for Bid/Proposal No. 4750 ("RFB/RFP"), which RFB/RFP includes the
required scope of work and all specifications and which RFB/RFP and the Contractor's
bid or proposal response, as applicable, are incorporated by reference in this
Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its
entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Water Conservation Educations ("Services") in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to
zero additional zero-year periods ("Option Period(s)"), provided, the parties do so
in writing prior to the expiration of the original term or the then-current Option
Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$61,125.23, subject to approved extensions and changes. Payment will be made
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for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Diana Zertuche-Garza
Department: CCW
Phone: (361) 826-1827
Email: DianaZ@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
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Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
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10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Diana Zertuche- Garza
Title: Contract/Funds Administrator
Address: 13101 Leopard Street, Corpus Christi, Texas 78410
Phone: (361) 826-1827
Fax: (361) 826-4495
IF TO CONTRACTOR:
Nueces River Authority
Attn: Robin Murray
Title: Chief Financial Officer
Address: 539 S. Hwy. 83, Uvalde, Texas 78801-5332
Phone: (830) 278-6810
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Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
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20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
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Approved as to Legal Form October 29, 2021
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27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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Approved as to Legal Form October 29, 2021
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CONTRACTOR
Signature: tuvt_
Printed Name:
Title: C F Q
Date: - a
Res.033078
CITY OF CORPUS CHRISTI Authorized By
9 ,"� 6/27/2023
` Council
Josh Chronley
Assistant Director of Finance - Procurement Er-;/s
Date: 7/11/2023
Attached and Incorporated by Reference: ATTEST:
Attachment A: Scope of Work D—SWmdh
Attachment B: Bid/Pricing Schedule ��°
Attachment C: Insurance and Bond Requirements Rebecca Huerta
Attachment D: Warranty Requirements City Secretary
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 4750
Exhibit 2: Contractor's Bid/Proposal Response
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Attachment A- Scope of Work
Water Conservation Education Proposal
Scope of Work for Water Conservation Education to 5th Grade
Public School Students in the City of Corpus Christi for the 2023-2024 School Year
From
Nueces River Authority
539 S Hwy 83
Uvalde, TX 78801-5332
March 27,2023
The Nueces River Authority works to strengthen the appreciation of water resources in the
Nueces Basin and neighboring Oso Creek and Baffin Bay Watersheds and the symbiotic
relationship between land and water. Our classroom education program uses a watershed model
and other hands-on activities to show students how pollutants enter and contaminate rivers, bays,
and aquifers and how everyone can help protect and conserve water resources. We recently
developed a plastic relief model,the Oso Creels Watershed, for use in the Corpus Christi area
schools. In addition to the educational programming, we share our Up2U litter prevention
campaign with students to promote personal responsibility for clean rivers. NRA's education
program is a recognized winner, receiving the National Wetlands Award in 2004 and the Texas
Environmental Excellence Award in 2008.
PROJECT AREA.
The proposed education and outreach efforts will focus on 511 grade classes in Corpus Christi
public schools, reaching a total of approximately 4021 students to include 202 5th grade classes.
NRA provided education outreach to CCISD and London ISD in 2022. However,there are four
other districts within the city that were unable to participate in this program due to limited
funding. The proposed outreach program would include all six districts and add two additional
educators.
• Corpus Christi ISD (2,745 students)
• London ISD (120 students)
• Tuloso-Midway ISD (291 students)
• Calallen ISD (294 students)
• West Oso ISD (175 students)
• Flour Bluff ISD (396 students)
METHODS.
NRA staff will schedule all classroom presentations with each participating campus. Once
scheduled,NRA's certified educators will provide a pre-presentation packet to teachers. On the
scheduled day,NRA teaching staff will utilize Nueces River Authority's aquifer model, seven ft-
long scaled relief model of the Oso Creek Watershed, and award-winning science curriculum
(exhibited in Attachment A)to demonstrate water conservation,watershed function, non-point
source pollution, and the relationship between creeks, aquifers, and the bay.NRA teaching staff
will deliver a slideshow presentation to introduce the subject matter,to discuss the importance of
water conservation and then gather students around the models for an interactive demonstration.
Following the demonstration,NRA's certified educators will ask students to commit to at least
three ways they can conserve water each day and sign a litter prevention pledge. Each student
will receive an Up2U litter bag.NRA's certified educators will provide follow-up coursework
for students to test their subject matter retention. All resource material will reflect sponsorship
by the City of Corpus Christi Water.
DocuSign Envelope ID: D15A7F40-917A-4F62-90F9-AD6CA6240E33
The curriculum reinforces 5th grade Texas Essential Knowledge and Skills and cultivates
students' understanding of our water resources, including watersheds and river basins. This
interactive, 90-minute, hands-on lesson helps students see where their water comes from and
where it goes. Participants can identify where they live on the model and see how their activities
impact the health of the water resources in the whole watershed and beyond. Students are also
encouraged to become personally responsible for keeping our water clean through our Up2U
water conservation and litter prevention campaign.
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Students at Club Estates Elementary School gathered around the Oso Creek Watershed Model.
Corpus Christi Watershed Education
2022
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DocuSign Envelope ID: D15A7F40-917A-4F62-90F9-AD6CA6240E33
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Students at Blanche Moore Elementary are showing off their Up2 U bags.
OUTCOMES/FOLLOW UP COURSEWORK
All students reached will be asked to commit to three ways they will conserve water and sign an
Up2U pledge to signify their commitment to addressing litter on our rivers, creeks,bays, and
beaches. In addition, students are asked to illustrate their understanding of their watershed and
their role in its protection. We will also provide follow up activities (crosswords/word searches)
that reinforces the subject matter and pertinent vocabulary. The annual program report will
include pledges, select artwork,program evaluations and the total number of students and
schools reached.
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Attachment B - Budget/Pricing Schedule
PROJECT BUDGET BY ISD:
CCISD 5th Grade School Watershed Education
BUDGET CATEGORIES= BUDGET
a. Personnel/Salary ._� � $ -- 26,254.00
b. Fringe Benefits ; 4,308.18
--—-------- ------- — -- --- ---- - -- -----------
c-Travel ; 6,490.00
d.Supplies ; 686.14
e.Equipment ; -
f. Contractual $ -
g. Construction $ -
h. Other
L Total Direct Costs(sum of a thin h) �_— _ __- —_�-- $ _v—37,738.32
j. Indirect Costs —�- $- 3,773.83
k. Total(sun of 1&j)— --- - ---� ; 41,512.16
Total Stttdentts Reached 2,745
Est,Gust/Stttdent $ 15.13
London ISD 5th Grade School Watershed Education
BUDGET CATEGORIES: BUDGET
a. Personnel/Salary $ 1,194.00
b. Fringe Benefits $ 197.01
c.Travel $ 300.00
d.Supplies $ 30.00
e.Equipment $
f. Contractual $
g. Construction $
h. Other $
I. Total Direct Costs(sum of a thru h) $ 1,721.01
j. Indirect Costs $ 172.10
k. Total(sum of I&j) $ 1,893.11r
Total Students Reached 120
Est.Cost/Student $ 15.78
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Tuloso-Midway ISD Sth Grade School Watershed
Education
BUDGET CATEGORIES: BUDGET
a. Personnel/Salary $ 2,895.45
b. Fringe Benefits $ 477.75
c.Travel $ 525.00
d.Supplies $ 72.75
e.Equipment $ -
f. Contractual $
g. Construction $
h. Other $ -
i. Total Direct Costs(sum of a thru h) $ 3,970.95
j. Indirect Costs $ 397,10`
k. Total(sum of I&j) $ 4,368.05'
Total Students Reached 291
Est.Cost/Student $ 15.01
Calallen ISD Sth Grade School Watershed
Education
BUDGET CATEGORIES: BUDGET
a. Personnel/Salary $ 2,925.30
b. Fringe Benefits $ 482.67
c.Travel $ 600.00
d.Supplies $ 73.50
e.Equipment $ -
f. Contractual $
g. Construction $
h. Other $
L Total Direct Costs(sum of a thru h) $ 4,081.47'
j. Indirect Costs $ 408.15
k. Total(sum of I&j) $ 4,489.62'
Total Students Reached 294
Est.Cost/Student $ 15.27
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West Oso ISD Sth Grade School Watershed
Education
BUDGET CATEGORIES: BUDGET
a. Personnel/Salary $ 1,741.25
b. Fringe Benefits $ 287.31
c.Travel $ 420.00
d.Supplies $ 43.75
e.Equipment $ -
f. Contractual $
g. Construction $
h. Other $ -
i. Total Direct Costs(sum of a thru h) $ 2,492.31
j. Indirect Costs $ 249.23'-
k. Total(sum of I&j) $ 2,741.64
Total Students Reached 175
Est.Cost/Student $ 15.67
Flour Bluff ISD Sth Grade School Watershed
Education
BUDGET CATEGORIES: BUDGET
I
a. Personnel/Salary $ 3,940.20
I
b. Fringe Benefits $ 650.13
c.Travel $ 875.00
d.Supplies $ 99.00
e.Equipment $ -
f. Contractual $
g. Construction $
h. Other $ -
i. Total Direct Costs(sum of a thru h) $ 5,564.33
j. Indirect Costs $'; 556.43
k. Total(sum of I&j) $ 6,120.76
Total Students Reached 396
Est.Cost/Student 1 $ 15.46
Total Proiect Bud;et: $61,125.23
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ATTACHMENT A
TEKS comprehensively covered by the curriculum include:
Kindergarten TEKS K.1(B), K.2(A),K.2(E),K.3(A), K.3(B), K.3(C),K.6(D),K.7(B), K.7(C),
K.9(B) Key points: Impact of littering;water as a natural resource and basic need.
First Grade TEKS 1.1(B), 1.2(A), 1.2(C), 1.2(E), 1.3(A), 1.3(B), 1.6(A), 1.6(C), 1.7(B), 1.9(C)
Key points: streams, lakes, oceans; conservation and reuse or recycling of paper,plastic, and
metals.
Second Grade TEKS 2.1(B), 2.2(A), 2.2(E), 2.2(F),2.3(A), 2.3(C), 2.5(B), 2.7(B), 2,7(C),
2.9(A), 2.9(B), 2.9(C) Key points: fresh water and salt water; how living things are affected by
their environment.
Third Grade TEKS 3.1(B), 3.2(F), 3.3(A), 3.3(B), 3.3(C), 3.5(B), 3.5(C), 3.6(A), 3.6(C), 3.7(A),
3.7(C), 3.8(B), 3.9(A), 3.9(B), 3.9(C), 3.10(A) Key points: states of matter(water) solid, liquid,
gas; intro to condensation (prelim to water cycle).
Fourth Grade TEKS 4.1(B), 4.2(A), 4.3(A), 4.3(B),4.3(C), 4.5(A), 4.6(A), 4.7(A), 4.7(B),
4.7(C), 4.8(B), 4.9(B), 4.10(A)Key points: water cycle (now introduced in 4th grade); the
importance of models and their limitations. Covered:
5th Grade TEKS -FIRST SCIENCE STAAR TEST 5.1(B), 5.2(D), 5.2(F), 5.3(A), 5.5(A),
5.5(C), 5.7(B), 5.8(B), 5.9(A), 5.9(B), 5.9(C)Key points: landforms because of changes by water
and wind; sun and oceans interaction in water cycle; Impact of humans on ecosystems.
Sixth Grade TEKS 6.1(B), 6.2(B), 6.2(E), 6.3(B), 6.3(C), 6.8(B), 6.12(F)Key points: advantages
and limitations of models representing the real world; ecosystems.
Seventh Grade TEKS 7.1(B), 7.3(B), 7.3(C), 7.4(A), 7.5(B), 7.8(A), 7.8(B), 7.8(C), 7.10(B) Key
points: effects of human activity on groundwater and surface water in a watershed; weathering,
erosion, and deposition.
Eight Grade TEKS —SECOND SCIENCE STAAR TEST 8.1(B), 8.2(B), 8.2(E), 8.3(A), 8.3(B),
8.3(C), 8.9(C), 8.11(B), 8.11(C) Key Points: topographic maps; runoff water; effects of short and
long-term environmental changes.
Key point ALL grade levels: make informed choices in the conservation, disposal, and recycling
of materials
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Attachment C - Insurance Requirements
No insurance is required for this service agreement.
DocuSign Envelope ID: D15A7F40-917A-4F62-90F9-AD6CA6240E33
Attachment D - Warranty Requirements
"No warranty required for this Agreement."