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Home My WebLink AboutC2006-442 - 9/14/2006 - NA AGREEMENT BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY GRADE 5 FIELD TRIPS 2006-2007 This AGREEMENT is made and entered into by and between the Corpus Christi Independent School District (hereinafter referred to as the "District") and the City of Corpus Christi (hereinafter referred to as the "Museum"). In consideration of the mutual promises set forth below, the parties agree as follows: \VITNESSETH GENERAl" RECITALS It IS the desire of the District to have field trips for all Grade 5 students to the Corpus Christi Museum of Science and History, which is owned and operated by the City of Corpus Christi, and it is the desire of the Museum to provide field trips and curriculum services to the District. TERM OF AGREEMENT This AGREEMENT shall be effective from the date this AGREEMENT is fully executed by the parties, and shall continue in full force and effect through the first day of June 2007, provided that either party hereto shall have the right to terminate this AGREEMENT without cause upon thirty (30) days' written notice to the other party. SERVICES TO BE PROVIDED The Mtlseum will conduct instructional field trips for all students in Grade 5 during the 2006-2007 school year upon request of campus personnel. Activities will be correlated with the Texas Essential Knowledge and Skills in mathematics, science, and social studies. Pre- and post-visit packets will be provided by the Museum for Grade 5 teachers. Bus transportation shall be requested from the District's Office of Transportation by the campus, and paid from campus-allocated field trip funds. VENDOR RESPONSIBILITIES All services provided by the Museum shall be performed within the general scope of community standards in a professional and competent manner. All professional matters as they relate to the quality of the Museum services to the District shall be and remain the responsibility of the Museum. The Museum shall provide d_ -"'vices provided to all students. The Museum shall provide the District such 2006-442 the efficient delivery of services mutually agreed upon. 09114/06 ((,ISH '~'...".;-" The Museum or the Museum's agent shall register on a sign-in sheet when arriving at a school campus and sign out when leaving a school campus. Services shall be performed without discrimination on the basis of age, sex, race, color, religion, disability, or national origin. If the Museum is in violation ojthis AGREEMENT and has not corrected such violations within fifteen (15) days after wntten notitication by the District, such violation shall be considered a default in the AGREEMENT, entitling the District to terminate the AGREEMENT. BILLING, COLLECTION, AND COMPENSATION .'\s cOlllpensation for services provided under the AGREEMENT, the District shall pay the Museum EIGHT THOUSAND DOLLARS ($8,nOO.00) for services rendered during the 2006-2007 school year. Payment may be made for services rendered prior to the execution ofthis AGREEMENT upon approval by the District's Superintendent 0 f Schools. It IS agreed that the District shall pay the Museum for the above services rendered during the 2006-2007 school year III two equal installments of FOUR THOUSAND DOLLARS ($4,000.00). The Museum shall provide the District with invoices on November 30,2006, and March 30, 2007. The District shall pay the Museum all fees due no later than thirty (30) days after receipt of the invoice from the Museum DUTY OF SUPERVISION AND RESPONSIBILITY FOR SAFETY OF STUDENTS It is the responsibility of the District's employees, representatives, and agents to supervise the students at all times while III the Museum and on the Museum premises. The District's employees, representatives, and agents are responsible for the safety of the students while in the Museum and on the Museum premises. MODIFICATION AND AMENDMENT This AGREEMENT may be modified or amended by the mutual agreement ofthe parties hereto in writing and incorporated into this AGR EEME1\T. Any such modification or amendment must be signed by the duly appoimed representative of each party. VALI.ITY This AGREEMENT is valid on ly when signed by authorized representatives ofthe Museum and District. If a court determines that any portion ofthis AGREEMENT is invalid or unenforceable, the remaining portions of this AGREEMENT shall remain in full force and effect. ASSIGNMENT Neither this AGREEMENT nor any duties or obligations hereunder shall be assignable by the Museum without prior written consent of the District. In the event of an assignment by the Museum to which the J ~'<""- District has consented, the assignee or its legal representative shall agree in writing with the District to personally assume, perform, and be bound by the covenants, obligations, and agreements contained herein. In the event the Museum assigns, sublets, or contracts without written consent by the District, this A.GREEMENT may be terminated at the option of the District. SUCCESSORS AND ASSIGNS Subject to the provisions regarding assignment, this AGREEMENT shall be binding on the heirs, executors, administrators. legal representatives, successors, and assigns of the respective parties. MEDIATION Except for the immedIate remedy of injunctive relief, neither party will resort to litigation without first submitting any dispute regarding the subject matter of this AGREEMENT to mediation. A TTORNEY'S FEES If any action at law or equity is brought to enforce or interpret the provisions of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other reliefto which it may be entitled. GOVERNING LAW AND VENUE The validity of this AGREEMENT. and of ItS terms or provision, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. Any legal action brought in state court shall have venue in Nueces County. Texas. ENTIIlE AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereoC and no other agreement, statement, or promise relating to the subject matter which IS not contained herein shall be valid or binding. CURRENT REVENUES Each party understands and agrees that any and all payments made in accordance with this AGREEMENT shall be made out of current revenues available to the District. EQUAL OPPORTUNITY The parties shall provide all services and fulfill all obligations associated with the subject matter of this AGREEMENT in compliance with the Civil Rights Act of 1964, Title IX ofthe Education Amendments of 1972 (34 C. FR .9' 106. el seq.) and all other applicable antidiscrimination laws. INDEMNIFICATION '" -~ -- To the extent permitted by law, the Museum shall defend and hold harmless the District and its administrators, staff, agents, and employees against any and all claims for damages, personal injury, or death proximately caused by the acts or omissions of the Museum, or any of its employees or agents, in the performance of this AGREEMENT, To the extent permitted by law, the District shall defend and hold harmless, the Museum and its administrators, staff agents, and employees against any and all claims for damages, personal mjury, or death proXImately caused by the acts or omissions of the District, or any of its employees or agents, in the perfom1ance oflhis AGREEMENT, NOT JOR BENEFIT OF THIRD PARTIES This AGREEMENT and all actIvities under this AGREEMENT are solely for the benefit ofthe parties and the Grade 5 students of the District. and not for the benefit of any third party. IMMUNITY NOT WAIVED NothiI)f; in this AGREEMENT is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the parties or their officers, employees, representatives, and agents as a result of the execution of this -\GREEMENT and/or the performance of the covenants contained in this A.GREEMENT. NOTICES All written notices proVIded to the parties pursuant to this AGREEMENT shall be forwarded to each party at the addresses indicated below. Such notices shall be considered duly and properly given when delivered in person or actually received by either party by (l.S. mail or any other delivery service provider. WHER.EAS, the parties hereto agree to the terms of this AGREEMENT as set forth above, the duly designated representatives of the Corpus Chnsti Independent School District and the City of Corpus Christi hereby execute this AGREEMENT. The parties hereto acknowledge that they have read this AGREEMENT, understood its contents, and agree to be legally bound by the terms and conditions hereof. CORPUS CHRISTI INDEPE1\DENT SCHOOL DISTRICT P.O. Box 110, 801 Leopard Street Corpus Chnsti. Texas 78403-0110 CITY OF CORPUS CHRISTI 1201 Leopard Street Corpus Christi, Texas 78401 ,ua . ll-'('~' D.Scott Elliff! ---- Acting Superintendent 0 f Schools ") 2c, {f;.' -"--'-'--.-,'- Date q jjJ}~ Date 4 ~"""'~ Approved as to Legal Form ~~tb-lfV[~ Imelda Martinez .. - In-House Counsel - .- :2L=~!l:Df Date ATTEST: I~ Armando Chapa City Secretary Approved as to Legal Form: .~ Assistant City Attorney (for City Attorney) 5 9~\~-()~ Date City of Corpus Christi August h. .:'Ol16 From Skip N(!~ (Olty Manager / j Rick Stryker ,'( \1us~ul11 of SClente and Histol\ To Sub,ject: (CISO A.gr~ement Please sign the accompanYll1g agreement with CClSO. This a!:,'Teement is essentially the same as last vear The Grade 5 education program was developed last school year in a collaborative effort to help Ilnpnwc the perfonnance of students on the science T AKS test. Revenue from this pmgram is lIlcJuded in the FY 2006/07 budget. We antIcipate r~cei ving an agreement in the near future for the Grade 1 education program. That program has been part of our serv'ices for over 15 years and revenue from It is also budget~d. Once vou have sIgned this i\greemenL please return it to me fl.lr distribution. ~,."...-