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HomeMy WebLinkAboutC2006-520 - 11/21/2006 - NAAGREEMENT BETWEEN THE CORPUS CHRIS'I'1 INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY GRADE 1 FIELD TRIPS 2006-2007 This AG~.EEMENT 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: WITNESSETH GENERAL RECITALS It is the c~esire of the District to have field trips for Grade 1 students to the Corpus Christi Museum of Science and History, which is owned and operated by the City of Cotpus 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 fullyexecutedbytheparties, 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 ACrREEMENT without cause upon thirty (30) days' written notice to the other party. SERVICES TO BE PROVIDED The Museum will conduct instructional field trips for all students in Grade 1 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 1 teachers. Bus transportatian 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 ~nanner. 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 records to the District far the services provided to all students. The Museum shall provide the District such other reports as are necessary to the efficient delivery of services mutually agreed upon. The Museum ~~r the Museum's agent shall register on a sign-in sheet when arriving at a school campus and 2006-520 lpus. Services shall be performed without discrimination on the basis of 1 t121/06 bility, or national origin. C'CISD ~~Q~x - `~~ If the Museum is in violation of~this AGREEMENT and has not corrected such violations within fifteen (15) days after written notificatio~7 by thc District, such violation shall be considered a default in the AGREEMENT, entitling the District tc~ ternlinate the AGREEMENT. BILLING, COLLECTION, AND COMPENSATION As compensation for services provided under the AGREEMENT, the District shall pay the Museum THIRTEEN THOUSAND DOLLARS (~13,000.00) for services rendered during the 2006-2007 school yeaz. Payment may be made for services rendered prior to the execution of this AGREEMENT upon approval by the Distnct's Superintendent of Schools. It is agreed that the District shall pay the Museum for the above services rendered during the 2006-2007 school year in two equal installments of SIX THOUSAND FNE HUNDRED DOLLARS ($6,500.00). The Museum shall provide the District with invoices on October 31, 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 QF SUPERVISION AND RESPONSIBILITY FOR THE SAFETY OF STUDENTS It is the responsibility of the District's employees, representatives, and agents to supervise the students at all times while in 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. MODIF~CATION AND AMENDMENT This AGREEMENT may be modified or amended by the mutual agreement of the parties hereto in writing and incorporated into this AGREEMENT. Any such modification or amendment must be signed by the duly appointed representative of each party VALIDITY This AGREEMENT is valid only when signed by authorized representatives of the Museum and District. If a court determines that any portion of this 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 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 AGREEMENT may be ternlinated at the option of the District. SUCCE~SORS 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. ATTORNEY'S FEES If anv action at law or equity ~ s 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 relief to which it may be entitled. GOVERAIING LAW AND VENUE The ~~alidity 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, ?exas. ENTIRE AGREEMENT This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties hereto with resgect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject m~tter 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 OPPURTUNITY 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 of the Education Amendments of 1972 (34 C.F.R. ~' 106, et seq.), and all other applicable antidiscrimination laws. INDEMIYIFICATION To the extent permitted by law, the Museum shall defend and hold hannless the District and its administr~tors, 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 injury, or death proximately caused by the acts or omissions of the District, or any of its employees ar agents, in the performance of this AGREEMENT. NOT FO~t BENEFIT OF THIRD PARTIES This AGREEMENT and all activities under this AGREEMENT are solely for the benefit of the parties and the Grade 1 students of the District, and not for the benefit of any third party. IMMUNITY NOT WAIVED Nothing in this AGREEMENT is intended, nor may it be deemed, to waive any governmental, official, other immunity, or defense of any of the parties or their officers, employees, representatives, and agents as a result of the execution of this AGREEMENT and/or the performance of the covenants contained in this AGREEMENT. NOTICES Al1 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 U.S. mail or any other delivery service provider. CORPUS CHRISTI INDEPENDENT CITY OF CORPUS CHRISTI SCHOOL DISTRICT 1201 Leopard Street P.O. Box 110 Corpus Christi, Texas 78401 801 Leopard Street Corpus Christi, Texas 78403-0110 WHEREAS, the parties here to agree to the terms of this AGREEMENT as set forth above, the duly designated representatives of the Corpus Christi 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. DISTRI President, Board of Trustees `~ ' ~~' '- Yr~,~ ./s_. ~~~ -~. D. Scott Elliff ~~~. ` Acting Superintendent of Schools INSTITUTE: ~~~~~ N--~J_~; Date e ge K. Noe Date City Manager t~- ~ ~ Date ATTEST: G Armando Chapa City Secretary Approved as to Legal Form: Approved as to Form: ~~~"~`~W~*~ l! t o~ ~ Imelda Martinez Date ~~~x@ Assi ant City Attorney In-House Counsel (~or~it~ ~ttor~ie~en I:~Office of .AcademicslR GodoyIFIELD TRIPS1Contracts'~?006 2007'('CMuseumofScienceandHistory(iradeOne.dce 4 City of Corpus Christi Nove~nber 16. ?006 T'o: Skip Nue ('ity Manager From: Rick Stryker ~ Museutn of Science and History Subjeet: CC'ISD Agreement Please sign the accompanying agreement with CCISD. This agreement is essentially the same as last year. T'he Grade 1 education prograln has been offered for over 15 years. Every first grade student in CCISD visits the Museum as part of their regular course of learning. Revenue from this program is included in the FY 2006i07 budget. Once vou have signed this Agreement, please return it to me for distribution.