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.