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Home My WebLink AboutC2006-077 - 3/6/2006 - NA CORPUS CHRISTI INDEPENDENT SCHOOl DISTRICT Corpus ChrIsti, Texas CONSULTING SERVICES CONTRACT BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY This AGREEME\.'T IS made by and bet\veen the Corpus Christi Independent School District, a political subdivisIon of the State of Texas (hereinafter referred to by name or as the "District"), and Corpus Christi Museum of Science and History (hereinafter referred to by name or as the ""Provider"). In cons1deratlon of the mutual promises set forth below, the parties agree as to Ilows RECIT AI.S \VITNESSETH The parties hereto contemplate that the Provider will, from time to time, be requested by the District to perform certain work or fumlsh certain services to D1strict staff on an independent contractor hasis. In respec: to such work or services, the parties agree as follows: TERM fhe tem1 of this AGREEMENT hegms IInmediately upon execution of this document by the parties and ends on June ~O, 200h. Th1s AGREEMENT shall remain in full force and effect during the above-referenced time period unless properly tenninated by either party, as provided hy this ACREEMENT MAJOR RESPONSIBILITIES AND DUTIES During the term of this i\GREEMENT, the Provider shall: · Conduct two (2) trall1ing sessions oCone and one-half hours each (1 hour and 30 minutes) for a total of three (3) hoUl s at the Corpus Christi Museum of Science and History site to include all D1Strict elementary teachers: · Prov1de professional development to elementary school teachers on the use of the "Rock and Mineral Traveling Trunk". If any Item in the Traveling Trunk is damaged or broken, the prov1der assumes all responsibility for replacement of said item (s). (see attachment) · Pro\lde opportunities I,) utilize the "Trunk" as a resource in classrooms onlv to teachers who attend the training. All serv1ces proVIded shall be performed within the general scope of community and educational standards 111 a professional and competent manner. All professional matters as they relate to the Ljuality llf the Provlder's services to Ihe District shall be and remain the responsibility of the Provider 2006-0T' 03/06/0h Page 1 of7 (<ISH REQUIRED CONSULTANT CERTIFICATION Employer IdentificatIOn Number (E IN I General Automohile LiabilIty Insurance State Board for Education CertificatJon PAYMENT FOR SERVICES The Provider will be paid one thousand dollars ($1000) for training and ($1000) for the use of the Rock and Mineral Traveling Trunk. The District shall pay the Provider no later than thirty ! 30) days after the date of receipt of the mvoice from the Provider. The total amount will not exceed two thousand dollars ($ 2000). INDEPENDENT CONTRACTOR RELATIONSHIP In the performance of the services hereby contemplated, the Provider is an independent contractor, and neither the Provider nor the principals, partners, employees, or subcontractors of the PrOVider shall be deemed servants, agents, or employees of the District. Nothing herein shall he construed to create a partnership, joint venture, or employment arrangement between the District and the PrOVider. Provider will provide Office of Purchasing and Distribution staff with a copy of current vehic Ie liability insurance policy TERMINA TION This agreement may be terminated by either party without cause by giving the other party a minimum of ten (10) days' written notice of such temlination. Notice of termination of this .\GREEMENT before the end of its teml shall not relieve either party of its obligation to perform under the contract. or respective Ilabilities under the contract, until termination occurs. RECORD KEEPING ~ND REIMBURSEMENT STANDARDS rhe Provider shall provide records to the District far the services provided to all teachers receiving services. Provider shall proy Ide the District with such other reports as are necessary to the effiCient delivery of the services mutually agreed upon, and other records as requested by the DJstrict from time to time. The District may incur supply and matenal costs required by the Provider that are necessary to satisfy the contract. The Provider must request supplies, books, and materials fifteen (15) days In advance of the effecliVt' contract date All such expenditures are subject to agreement and approval bv the Distnct ASSIGNMENT Neither this AGREEMENT nor any duties or obligations hereunder shall be assignable by the Provider y\ ithout prior wntten consent of the District. In the event of an assignment by the Provider to which the Dlstnct has ct)!1sented, the assignee or its legal representative shall agree in Page 2 0 I' 7 '.vntmg with the Dlstnct to personally assume, perform, and be bound by the covenants, ()bligati()n~, and agreements contained herein. In the event the Provider assigns sublets, or subcontracts wlthollt writkn consent by the Distnct. this AGREEMENT may be terminated at the option of the District SUCCESSORS AND ASSIGNS Subject to the provisIons regarding assignment, tl11S AGREEMENT shall be binding on the heirs, executors, admi11lstrators, legal representatives, Sllccessors, and assigns of the respective parties. MEDIATION Except for the immediate remedy of II1Junctive relief, neither party will resort to litigation without first submitting any dispute regarding the subject matter of this AGREEMENT to mediation ATTORNEY'S FEES If any actIon at law or ill equity IS brought to enforce or II1terpret the provISIons of this :\GREEMENT, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. GOVERNING LAW AND VENl E rhe vahdity of this AGREEMENT and of its ternlS or provisions, as well as the rights and duties t)f the parties hereunder, shall be governed by the laws of the State of Texas. Any legal action hrought 111 state court shall have venue 111 Nueces County, Texas. ENTIRE AGREEMENT fhis AGREEME'\JT supersedes any and all other agreements, either oral or written, between the parties hereto with respecI to the subject matter hereof, and no other agreement, statement, or promise relating to the sublect matter whIch is not contained herein shall be valid or binding, AMENDMENT fhis AGREMENT may be amended by the mutual agreement of the parties hereto in writing and I11corporated into thiS AGREEMENT Any sLlch amendment must be signed by the duly appointed representative ot each party EQUAL OPPORTlJNIT' fhe parties shall provide all services and fulfill all obligations associated with the subject matter of this AGREEMENl in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments l'f 1972 (34 ('.P.R. ,\,' !06, eT seq.), and all other applicable anti- discrimmation laws Page 3 0 f 7 INDEMNIFICATION 10 the extent pennitted by law. the Provider shall defend and hold harmless the District and its administrators. staff agents, and employees against any and all claims for damages, personal illJury, or death proximately caused by the acts or omissions of the Provider in the performance of this AGREEMENT or \\ hile Provider IS on District property NOTICES All written notIces pro\ Ided to the pal1ies pursuant to this AGREEMENT shall be forwarded to each party at the addresses mdicated below. Such notices shall be considered duly and properly given when delivered in person or actually received by either party by U.S. mail or any other delivery service pro\ldcr. PROVIDER: CORPUS C!-IRISTl MLSEUM OF SCIENCE AND HISTORY 1 900 N. Chaparral Street Corpus Chnsti. Texas 78401 DISTRICl CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. 8m 1 ] 0 (80 I Leopard Street! Corpus Christi, Texas 78403-0110 WHEREAS, the parties hereto agree to the terms of this AGREEMENT as set forth above, the duly designated representatives of the Corpus Christi Independent School District (the "District") and Jeffrey Brown (the "Provider"), hereby execute this AGREEMENT, subject to authorization ,)r ratificatIOn by any governing bodies, 1 f required by law. The parties hereto acknowledge that they have read thIS AGREEMENT understand its contents, and agree to be legally bound by the terms and conditions olthis AGREEMENT. Executed at Corpus Chnstl. Texas, and Dated on this, the ._~1 '~_day of .t\evu h- 2006. PROVIDER' CORPUS CHRISTI MLSEUM OF SCIENCE AND HISTORY Page 4 of7 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT ~~(ufo , Date Approved as to legal fonn: Q:.J-- / 3 -{~!i~_ Date ~loJJi. Jm~]da Martinez, I~~~~nS~-1 ~~..... CITY OF CORPUS CHRISTI f :)L,,-- 6e;gJK. Noe City Manager :6::0 (. ( ATTEST: ~ Armando Chapa City Secretary Approved as to fonn: '1" ~ 7- C4- Date , /. " ~"\' \ . 'l I, t J 'Z'\/ It ") \ ~ ~, \~" L l \,,> Lll l(." J V eroni~a L Ocafu'is, Assistant City Attorney Legal Services Page 5 of 7 TRUNK RULES/GUIDELINES The museum believes 111 the value of genume artifacts and materials to bring a new dimension to the study of the sCIences in the classroom. For your protection and ours, the trunks MUST be mventoned when they are checked out and when they are returned. As these trunks will contain both true artifacts and repl1cas, teachers are expected to supervise the handling of trunk materiab. Upon receIving the trunk at your schooL the teacher MUST perform an inventory of the objects 111 the trunk. Inside the trunk is a binder. \vithin the binder is a sheet for each CCISD Elementary School. Your school"s name will be at the top of the sheet. This Inventory Sheet is to be filled out upon arnval at the school and when the trunk is being packed to leave to the next school. (This protects you and the next school.) To keep this trunk in the BEST SHAPE for the rest of the school year, each school wtll have to cooperate in keeping the trunk intact and in good working order You will want to receIve the trunk m good condition...so... make sun:: that you care for the trunk and ship it in good order. Guidelines Students may handle the specimens... .HOWEVER only under adult supervision. Explain to the kids that the specimens are to be treated like Fine China, use 2 HANDS! (Specimens should be handled over a desk or table, not carried around the room.) Specimens, videos, and hand lenses may NOT be left out overnight. The trunk is to be stored in a secure location overnight. (Handouts and labels can be left out.) The rock specimens are NOT to be used for exverimentation!! DO NOT scratch, hammer. beak, or damage the specimens in any way. "JO "tests" should he preformed on the rock specimens. ENJOY The Corpus Chnsti Museum's Rock and Mineral Trunk!!! Corpus Christi :Museum of Science & Jfistory ccmuseum.com 361.826.4650 Page 6 of7 TravelinI! Tr.unk lnventorv Sheet CCISD Elementarv :-\choo reachers III Charge Trunk Contents: i CD \Vlth pov"er point Classroom iectures ActivitIes Binder -wnttell materials/manual 2 Posters Rocks & Minerals ()f Texas (ieology of Texas Map , Video" \1ountaio'i Volcanoes Rocks & Minerals 2 Book::-- Rocks & Minerals '\iatureScope - (reo logy Rock Book ~ Ball s Rocks Questions Minerals Questions 20 Photographs of mmerab 1 Flip Chart (lam mated wirings: 15 sheets in total) "'4 Rocks and Mineral specImens Scratc h kit 25 lOX Hand I.ense~ 25 Rock Labels in Index Card Box reacher Receiving the trunk Signature Teacher Shipping the trunk Signature Corpus C/zristi ~Museum of Science & Jristory ccmuseum.com 361.826.4650 Page 7 of 7 Temporary Employee vs Independent Contractor Determination Form Purpose of Form ThiS pi 0: ec!U'e VI .Je ,S(:i to ilf-tcr' ternpur3r e<' Pi:hUC a: if H.:;:;,)!;' fac!or" de, lei "\, I',U" r Cl "',.y-;' nltsc!; Lea' ';).! ,j .'c~J{)rtlr mohl " 'd"(;1 Oie: ;'Hopusec \'ii:.rker to be hired be classrfied as <J .)Itrtlctor IPS -RS ~lu eJelines cons.(Jer the 'f,f1lpz.;f;:W;/ ,,' 'o<,yee ;w IndepenC:En( contractor. The .. ",';:-r "1{:rnf:C" t';.,'i~' seriatE, iRS i?rd TRS legal Instructions, 1./f.Jix ()' mQre answers to glastiens 1.12 a'e'Yes" then th~ proposed worker is classified. as a Temporary Employee and you should skip Questions 13-17, complete Section A %.If.f!1'19 Q! mQre an$we($ .tct g4CsrLO[l~ 1l:.rL~r.~..~'Xe~~~J!!f:Jl the we'ller is classified as an Independent Contractor. complete Section B. J :)cr\-' '~o\/i! 'r [)':.,t7"jJ:t p~rY"':lCC' "v'r ,..., ')'V;, L~ :tH"~ \,\'{";r";e~ - t ~ 1 -, ;: [ b ~ 9 :..':c [".rn '0' '.!nu "") ['c ...,", '. "eI;111(1I"S 'IH :^}eL\-ppr~ t",,;'2 _~;,s,trkt ane t'le '.ViI. t",0 \"crke' devote ~,.. ;':s ::i ,ime to the t'U:/l€SS of the "\O'!',,C' '.Vil th 'itS'r <~l '..' dPj ':~,in :t'(, .\-r)r,,:C'f foll:};."'/ Un: r):~;!rict ~!l\:r::,.:!~jr IS th(:t\ 0"";'" I'::, 1hA f/cr~:e~ -eq~; r{'/~ ~)y ~h8 D!:,:,;c' er :alC ~/t"'~'.2~:=,r or r G['tl'') :triLt r' t" l'lc '-.<\'ur""c:r ~~,iil '.\'!~ thf~:,ork-:'H t8r'n,-'j~~e t'~e r013tors~'J!p -.\-:~~:. ~0F 2t ar,y t';'i8 .v:I'IOU' :r,CJrr.ig t) ",2 l)lst'lCP 'Nil the D.stnct pay tnc WO".CIS bUSH1cSS or travelng expenses'? ';Vir lhe w'orke' furnish 1001s. materials .,'~.__._-,.. tr0 'Nuke' have ., :nves:ment 1"; .Vii the worke' rcailzc d ;11;:/: C' :O$S as a rCSJ.:it hs or t1cr services? \'v'li Acrke pro'ide ',('r,"."" hr mo'e th(;'i one ',nn at ',vii t'e, ',".orke < make ser,,'lces 3',a;abe to the generai Sf::quence- ;:;Bt r n "'.U .f". . ....J .' em p!oyeB ~3 If..' '4 .::. '[1 I cc-er7y to 'he j(",=t c/ my ~T:C':. ,"Jerk lid 'II{ i ~ e -~ ;u)L?i r ',' :-"St.,',' f )t :: ~ ;' H,)li';-;"j RB;;lO~;rC6:~;1 Date - -~;i'lCf': 1 D;lte Inde endent Contractor :-~e~,.! n; ~ny krl~:"/.l~ '::~;l , n'e Pf-0J()~~;ec /v<)r;"~e~ n~H"lec~ be!o'I.,:~110f-ts:he ~'-cx~t~~1CL){ ~:t:~1 "lC -JIt).l:':: L;; i -~ ;~. .') I i iV~/L.(O Date .....;lI.Ip(~? Date [ ~,~ 3.":'4'- ) -lVt),~-" \; r.. '^ c,n :-';F-'~,:,f ~n <~ REVISED July 28. 2004 CORPL''l CHRISTI I'\JDEPENDENT SCHOOl DISTRICT Corpus Chnsti. Texas TO: \:1r. D Scott Elliff, ASSIstant Superintendent for Instruction Dr. Janis Jordan, Ed.D., Executive Director for Curriculum FROM (vie Martm, Administrative Officer for Elementary CUrriCUlum....~<.le'" f ebruarv 15 2(1u6 DATE SUBJECT ('ONTRACTl AL AGREEMENT WITH THE CITY OF CORPUS_CIiI3:1STI.. _m ..___ ___ PROGRAM ADVISOR lucia Sosa. Program Advisor for Elementary Curriculum C 1/1.::)IC~1 V") ?\ "'~. ;} Comments: E.Iease review, sign. initIal, and return to Ms. Sosa for disseminatidn. 1- RECEIVED . f! RECENrn r 1 \, tlOE DEPARTMENT FOR CURRICULUM CORPUS CHRISTI ISO ... ~~iNEomctR . ~CURRlWUJll, " r e'.Office :\,_:JJ.cml,-"CPce.7 ('_'lIck C"::_ld fl'l \L:~ellji 'il"!l I Department of Curriculum DeNelop~He<<tt}utd AiNU CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT }Je!ll ," I I () ( 'l"I'll> Christi. Texas 78403-0] 10. 801 Leopard ()t1ice 36J!886-9115 Fax 361/886-9013 Wcbsite: www.cClsd.LJ. TO Mr. Brian G. Bray, DIrector for Purchasing and Distribution Janis Jordan, EdD.. Executive Director for Curriculum ~// Februarv 15, 20()6 FROM DATE SUBJECT: CONTRACTUAL AGREEMENT WITH THE CITY OF CORPUS CHRIST~.___ .._._____._____ Please revIew the enclosed contract with the City of Corpus Christi. The contract provides teacher training and resources through a Rock and Mineral Travel Trunk designed to improve student achievement in Earth Science Texas Essential Knowledge and Skills. The contract has been sIgned by the In-House Counsel, Ms. Imelda Martinez. If there are any questions, please contact Ms, Lucia Sosa, Program Advisor for Elementary Cumculum, at 886-9122. cp cc: Mrs. EVle Martl11 (memo onlv) Ms. Lucia Sosa (memo only) Approved: w.......a " ~. \~'-Mtr 40;( Ellit1: A~sistan[ Su ntenden! for Instructio;;-- J:\Officc'! Ai.~ademicSCPerez\(\-.ntrach-.Cont;;jct for \1useum ~t Sciencetllstory 2-8-06 dl'i.: