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HomeMy WebLinkAboutC2007-220 - 8/3/2007 - NACORPUS CHRiSTI INDEPENDENT SCHOOL DISTRICT Corpus Christi, Texas CONSULTING SERVICES CONTRACT BETWEEN THE CORPUS CHRISTf INDEPENDENT SCHOOL DISTRICT AND CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY This AGREEMENT is made by and between the Corpus Christi independent School District, a political subdi~ision of the State of Texas (hereinafter referred to by name or as the "District"), and the City af Corpus Christi, a Texas home-rule municipaE corporation, and its Corpus Christi Museum of Science and History, a department of the City (hereinafter referred to #~y name or as the "Provider"). In consideration of the mutual promises set #orth below, the parties agree as fol lows: WITNESSETH RECITALS The parties hereto contemplate that the Provider will, from time to time, be requested by the District to perform certain woric o~' furnis~ certain ser~ices to District staff on an indeper~dent contractar basis. In respect to such work or serrrices, ~he parties agree as follows: TERM The term of this AGREEMENT begins on August 1, 2007 and ends on May 31, 2008. This AGREEMENT shalk remain in ful! force and effect during th~ above-refe~enced time period unless properly terminated by either party, as provided by this AGREEMENT. MAJOR REPSONlBILITIES AND DUTIES During the term of this AGREEMENT, the Pro~ider shall: • Provide guidance and opportunities to Grades 3, 4, ar~d 5 elementary school teachers to utilize the "Rock and the Trunk" as a resource in classrooms. Only teachers who previousiy completed the requisite training wEll ha~e access to the "Rock and #he Trunk." • A~I services provided shal~ be performed within the generaf scope of community and educational standards in a professional and competent manner. AI! professiona~ matters as they relate to the quality of the Pro~ider's services to the District shall be and remain the responsibility of the Provider. REQUIRED CONSULTANT CERTIFICATION Employer ld~ntification Number {EIN) 2007-220 08/03/07 CCISD PAYMENT FOR SERViCES The Provider will be paid On~ Thousand Doflars ($1,000) for the use of the "Rock and Mineral Tra~eling Trunk." Pro~ider will submit an invoice with a properly approved pUrchase order number for payment. The District shall pay the Pro~ider no later than thirty {30) days after the date of receipt of the invoice from the Pro~~der. The cor~tract amount wijl not exceed One Thousand Dollars ($ 1,~OQ}. INDEPENDENT CONTRACTOR RE~ATIONSH~P In the performance of the services hereby contemplated, the Provider is an independent contractor, and neither the Pro~ider nor the principals, partners, employees, or subcontractors of #he Provider shal4 be deemed servants, agents, or employees o~ the District. Nothing herein shall be construeci to create a partnership, joint ~enture, or employment arrangemen# between the District and Pro~ic#er. Provider will provide the Office of Purchasing a copy of current vehicle liability insurance policy. TERMINATI4N Either pa~ty may terminate #his AGREEMENT without ca~se by giving the other party a m'tnimum of ten {10) days written notice of such terminatior~. Notic~ of termination of this AGR~EMENT before the er~d of its term shall not relieve either party af its obligation to perform under the contract, or respective liabilities under the contract, until terminat~on occurs. RECORD KEEPING The Provider sha11 provide records to the District for the services providecf to all students receivir~g services. Pro~ider shall pro~ide the District with sucF~ other reports as are nec~ssary to the efficient delivery of the services mutuafly agreed upon, and other records as requ~sted by the District from time to time. ASSIGNMENT Neither this AGREEMENT nor any duties or obligations hereunder shali be assignable by the Provider without prior written consent of the District. In #he event of an assignment by the Providerto which the District has consented, the assignee or its legal representative shall agree in writing wit~ the District to personally assume, perfarm, and be bound by the covenants, obl~gations, and AGREEMENTS contained herein. In the e~en# tne Provider assigns sublets, subco~tracts, or assigns without written consent by the District, this AGREEMENT 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, administra~ors, legal representatives, successors, and assigns of the respective parties. MEDIATION Except for the immediate remedy of injuncti~e relief, neither pa~ty wilf resort to liti~ation without first submitting any dispute regarding the subject matter of this AGREEMENT to mediation. ATTORNEY'S FEES ~~ any ac#ion at 4aw o~ in equity is brought to AGREEMENT, the prevaifing party shal~ be entitle any other relief to which it may be entitled. enforce or ir~terpre# the provisions of this d to reasor~able attorney's fees in addition to GOVERNING LAW AND VENUE The ~alidi#y of this AGREEMENT and of its terms or provisions, as well as #he 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. ENTIRE AGREEMENT This AGREEMENT supersecles ar~y and all other AGREEMENTS, either oral or writter~, between the ~arties here#o wi#h respect to the subject matter hereof, and no other AGREEMENT, statement, or promise relating to #he subject matter that is not contained herein shall be valid or binding. AMENDMENT This AGREEMENT may be amended ~y the mutua! AGREEMENT of the par#y's hereto in writing and incorporated into this AGREEMENT. The duly appoin~ed representati~e o~ each party must sign any such amendment. LEGAL CONSTRUCTION In case any one or more of the provisio~s contained in this AGREEMENT shall for any reason be held to be invalid, iflegal, or unenforceable in any respect, such invafidity, illegality, or ur~enforceahility shall not affect any other pro~ision hereof, and this AGREEMENT shali be construed as if such invalid, iflegal, ar unenforceable provision had ne~er been cantained herein. CURRENT REVENUES Each party understands and agrees that any and all payments macfe in accordance with this AGREEMENT shall be made out of current revenues available ~o the District. EQUAI.OPPORTUN~TY The parties shall provide alf services and fulfill all obligations associated with the subject matter of this AGREEMENT in compliance with the Ci~il Righ#s Act of ~964, Title IX o# the Ed~cation AmEndments of 1972 (34 C.F.R. § 106, etseq.}, and all otherapplicable anti-discrimination laws. INDEMNIFICATION To the extent permitted by law, ~he Provider shall defend and hold harmfess the District and its aclministrators, staff, agents, and employees against any anc! afl claims for damages, personaf injury, or death proximately caused by the acts or omissions of the Pro~ider in #he performance of this AGREEMENT, or wF~ile Provider is on District property. NOTICES All written notices pro~ided to the parties pursuant to this AGREEMENT shail be forward~d to each party at the address indicated be~ow. Such no#ic~s shall be considered duly ar~d properly given when delivered in person or actually received by eith~r party ~ia U.S. mail or any other delivery ser~ice pro~ider. WHEREAS, the parties hereto agree to the terms of this AGREEMENT as set fort~ above, the duly designated re~resenta#i~es of #he Corpus Christi Independent Schooi District (the "D~s#ric#") and Ed Martin (the "Provider") hereby execute this AGREEMENT, subj~ct to authorization or ratification by any go~erning bodies, if required by law. The parties hereto acknowfedge that they have read this AGREEMENT, understand its contents, and agree to be legally bound by the terms and conditions of tf~is AGREEMENT. Executed at Corpus Christi, Texas, and dated on this the ~ cfay of ~,~ , 2007. PROVIDER: CITY OF C~RPUS CHR~STI 1900 North Chaparral Corpus Christi, Texas 78401 g Dafe: ~ .~ V ` Y• Ge K. Noe City Manager ATTEST: Date: D~ ~"lJ t Armando Chapa City Secretary Appro~ed As To Legal Form: , /'/~~ ~ . ~ ~ Da#e: ~ vt'~ ~ Veronica L. Ocanas Assistant City Attorney, Legal Servic~s DISTRlCT: C4RPUS CHRISTI IN~EPENDENT SCHOOL DISTRICT P.O. Box 110 801 Leopard Street Corpus Christi, Texas 78403-Q110 REVIEWED AND APPROVED BY THE OFFICE OF PURCHASING AND DISTRIBUTION: By: Br~S 6 of PurcFiasibfa and Distribution Approved As To Legal Form: Date: ~~/$~Q ~- By: ~[r-~~Y ''l~^.u'~' Date: ~S~-/Co ~ 07 Imelda Martinez In-House Counsel TRUNK RULES/GUTDELINES The Museum believes in the value of gen~ir~e artifacts and materiaIs ta bring a new dimension to the study of the sciences in the classmom. For the protection and ours, the Trut~k MUST be inventoried when they are checked out and when they are returned. Since the t~runk wi~l contain both true artifacts and replicas, teachers are expected to supervise the handling of trunk materials. Upon rec~ivin.g ~he Trunk at your schoot, the teacher MUST perforn~ an inventory of the objec~,s in the Trunk. Inside the Trunk is a binder, and within the binder is a sheet far each CCISD Elementary School. Your school's name will be at the top of the sheet. This Invento Sheet is to be filled out upon arrival at the school and when the triznk is beingLpacked to Ieave to the next schooi. (This protects yau and the next school.} To keep this trunk in the BEST SHAPE for the rest of the schoa~ year, each school wEll have to cooperate in keeping the Trunk intact and in good working arder. You will want to receive the trunk in good condition...so...make sure that you care for the #~runk and ship i~ in good order. Guidelines If an item is not in the trunlc when you receive it, imrnediately call the school in which the trunk just departed from. Report any Iost or broken item to the museum ASAP (361.$26.4665 or 361.826.4668) {Note: We have had students remove or breaic specimens...watch them carefully.) Students may handle the specimens....HOWEVER onIy under adult supervision. Explain to t~e kids that the specimens are to be treated like Fine China, use 2 HANDS! (Specimens should be handled over a desk or table, nat carried araund the room.) Specimens, videos, and hand lenses may NOT be left aut 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 or ex erimentation!! DO NOT scratch, hammer, break, or damage the specimens in any way. NO "tests" sh.ould be preforrned on the rock speci~nens. EN.TOY The Corpus Christi Museum's Rock and Mineral Trunk! !! L-1pf]irc o1' Acadcmicsll.Sosa1('on~ract ~~~ilh City ol' ('C and Muscuml'fnink Ru~cs Guidelincs Invcntury ShccLdor Travelin~_Trunk Inventorv Sh,eet CCISD Etementary School: Teacher(s) in Charge: Trunk Contents: Receiving Departing Inventory Inventory 1 CD witY~ PowerPoint Classroam lectures 1 Activities Binder -written materials/manual 2 Posters Rocks & Minerals of Texas Geology of Texas Map 3 Videos Mountains Voicanoes Rocks & Minerals 2 Books Rocks & Minerals NatureScope - Geology Rock Book - 2 Balls Rocks Questions Minerals Questions 20 Photographs of minerals ~ ~ 1 Flip Chart {larninated w/rings; 15 sheets in totai) ~ ~ 34 Rocks and Mineral specimens ~ ~ 1 Scratch kit ~ ~ 2S lOX Hand Lenses ~ ~ 25 Rock Labels in Index Card Box ~ ~ Ir~rn item is MISSING - Contacl tlre vrevious Scltool and tlre Masseum. Teacher Receiving the trunk Signature Date Teac~~er Sl~ipping the trunk Signakure Date Corpus C~ri.rti ~luseum of Science & ~fistory ccmuseum.ca~n 36.1.826.4650 LlClflicc nl~ Academicsl[.SosalCunlracl wi11a C~f1y nf CC aad iviiESCUmI'l~rwtk Rules (iuidelines htc~nt~1'y SheeLdi~C PAYMENT FOR SERVICES The P~ovider will be paid One Thousand Doliars {$1,000} for the use of the "Rack a~d Mineral Tra~eling Trunk." Pro~ider will submit an invoice with a properly approved purchase order number for payment. The District sfi~all pay the Provid~r no later than th~rty (30} days after the date of receipt of tfi~e invoice from the Pro~ider. The contract amou~t will not exceed One Thousand Dollars ($ 1,000}. INDEPENDENT CONTRACTOR RELATIONSHIP In the p~rformanc~ of the services hereby contem~late~, the Provider is an independent contractor, and neither the Prov+der nor the principals, partners, employees, or subcontrac#ors of the Provider shall be deemed servants, agents, or employees of the District. Nothing herein shafl be construed to create a partnership, joint venture, or employment arrangement be~rn+een the District and Provider. Pro~ider wil! provide the Office of Purchasi~g a copy of currer~t vehicle liability insurance ~olicy. TERMINATION Either party may terminate this AGREEMENT without cause by givirtg the other party a minim~m of ten {10) days written notice of such termination. Notice of termination of this AGREEMENT before the end of its term shall no# relieve eEther party of its obligation to perform under the con~ract, or ~espective liabilities under the contract, until termination occurs. RECORD KEEPING The Provider shall provide records to the District for the services pro~ided to all students receivEng services. Provider shall provide the District with st~ch otl~er reports as are necessary to the efficient deli~ery of the services mutually agreed upon, and other records as requested by the District from time to time. ASSIGNMENT Ne~ther this AGREEMENT nor any duties or ob{igafions hereunder shall be assignable by the Provider without prior writter~ consent of the District. In the event of an assignmen# by the Pro~ider to which the Districf has cor~sented, the assignee or its legal representative shatl agree in writing with the District to persor~ally assume, perform, and be bou~d by the covenants, obligations, and AGREEMENTS contained herein. lr~ the e~ent the Pro~ider assigns sublets, subcontracts, or assigns without written consent by the District, this AGREEMENT may be terminated at #he op#ion of the District. SUCCESSORS AND ASSIGNS Subject to the pravisions regarding assignment, this AGREEMENT shall be binding on the heirs, executors, administrators, iegal 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 st~bmitting any dispute regarding the subject matter of this AGREEMENT to mediation. ATTORNEY'S FEES If any action at law or in equity ~s brought to enforce or interpret the provisions of this AGREEMENT, the prevailing pa~ty shall be entitled to reasonabie attorney's fees in addition to any other relief to which it may be entitied. GOVERNING LAW AND VENUE The validity of this AGREEMENT and of its terms or provisions, as welk as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. Any fegal action brought in stat~ court shail have venue in Nueces County, Texas. ENTIRE AGREEMENT This AGREEMENT supersed~s any and all other AGREEMENTS, either oral or written, between the parties hereto with respect to the subj~ct matter hereof, and no other AGREEMENT, statement, or promise relating to the sub~ect matter that is not contained herein shall be ~alid or bindir~g. AMENDMENT This AGREEMENT may be amended by the mutual AGREEMENT of the party's hereto in writing and incorporated into this AGREEMENT. The duly appointe~ representati~e of each party must sign any such amendment. LEGAL CONSTRUCTION fn case any one or more of the pro~isions contained in this AGREEMENT shall for any reason be he~d to be invafid, illegal, or uner~forceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this AGREEMENT shall be construed as if suc~ in~alid, iilegal, or unenforceable pro~ision had ne~er been contained herein. CURRENT REVENUES Each party understands and agrees that any and all payments made in accordance with this AGREEMENT shall be made ou# of current re~enues available to the District. EQUAL OPPORTUNITY The parties shalf provide al! ser~ices and fulfill all obligations associated with the subjECt matter of this AGREEMENT in compliance with t~e Civil Righ#s Act of 1964, Tit1e IX of the Education Amendments of 1972 (34 C.F.R. § 9~fi, etseq.), ancf all otherapplicable anti-discrimination laws. INDEMNfFICATl~N To the ex#ent permitted by law, #he Provider shali defend and hold harmless the District and its administrators, staff, agents, and employees against any and all claims for damages, personal injury, or deafh proximately caused by the acts or omissions of the Provider in the performance of this AGREEMENT, or while Pro~ider 9s on District property. NOTiCES All written notices pro~ided fo the parties pursuant to this AGREEMENT shall be forwarded to each party at the address indicated below. Such notices shall be considered duly and properly given when delivered ~n person or actually recei~ed by eitt~er party via U.S. mail or any other delivery service provider. WHEREAS, the parties hereto agree to the terms of this AGREEMENT as set forth abo~e, the duly designated representati~es of the Corpus Christi Independent Schaol District (the "District") and Ed Marti~ (the "Pro~icler") hereby execute this AGREEMENT, subject to aut~orization or ratification by any governing bodies, if required by kaw. The parties hereto acknowledge that they have read this AGREEMENT, understand its contents, and agree to be iegally bound by the terms and conditions of this AGREEMENT. Executed at Corpus Chris#i, Texas, and dated on this t~e day of , 2007. PROVIDER: CITY OF CORPUS CHRISTI 1900 North Chaparral Corpus Christi, Texas 78401 By: George K. Noe City Manager ATTEST: Armando Chapa City Secretary Approved As To Legal Form: Date: ~S Date: Date: Veronica L. Ocanas Assistant City Attorney, Legal Services DfSTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 801 Leopard Street Corpus Christi, Texas 78403-0110 REVIEWED AND APPROVED BY THE OFFiCE OF PURCHASING AND DISTRiBUTION: By: r of Purchiasi~q and Distribution Approved As To Legal Form: Date: s'~~~ ~- By: ~~r''l~~ -- Date: - - D~ Imelda Martinez In-House Counsel TRUNK RULES/GUIDELINES The Museum believes in tt~e value of genuine artifacts and materiaIs fa bring a new dimension to the study of the sciences in the classnoom. For the protection and ours, the Trunk MUST be inventaried when they aze checked out and when they are returned. Since the trunk will contain bath true artifacts and replicas, teachers are expected to supervise the handling of txunk rnaterials. Upon receiving the Trunk at your schaol, the teacher MUST perfozm an inventory of the objects in the Trunk. Inside the Trunk is a bunder, and within the binder is a sheet for each CCTSD E~ementary School. Yaitr school's name will be at the top of the sheet. This Inventor~Sheet is to be filted out upon arrival at the school and when the trunk is being,,,pack~d to ieaye to the next school. {This protects yoa and the next school.} To keep this trunk in the BEST SHAPE for the rest of t~e school year, each school will have to cooperate in keeping the Trttn~c intact and in good working order. Yau will want to receive the trunlc in good condition...so...make sure that you care for the trunk and ship it in good order. Guidelir~es If an item is not in the trunk when you receive it, immediately call the school in which ttze trunk jUSt departed from. Report any lost or broken item to the museum ASAP {361.826.4555 or 361.825.4668) (Note: We have ha~ students remove or break specimens...watch them carefully.) Students may handle the specimens....HOWEVER only under adult supervision. Explain to the kids that the specimens are ta 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 ~e left out overnight. The trunic is to be stored in a secure Iocation ovemight. (Handouts and labels can ~e left out.) The rock specimens are NOT to be used or ex erimentation!! DO NOT scratch, hammer, break, or damage the specimens in any way. NO "tests" should be preformed on the rock specimens. ENJOY The Corpus Chrisfi Museum's Rock and Mtnera~ Trunk?!? E:~Otlice nl' Academics~LSosaK'ontrarl ~~•ith (5ty o~' ('(' and Museum~77unk Rules Guidelines Inve~~iory Shect.doc Travelin Trunk Invento Sheet CCISD Elementary School: Teacher{s) in Charge: & Trunk Contents: ReeeivEng Departing Inventory ~nventory 1 CD with PowerPoint Classroom lectures 1 Activities Binder -wri#ten materials/manual 2 Posters Rocks & MinetaIs of Texas Geology of Texas Map 3 Videos Mountains Volcanoes Rocks & Minerals 2 Books Rocks & Minerals NatureScope - Geology Rock Book -- 2 Balls Rocks Questions Minerals Questions 20 Photographs of minerals ~ ~ 1 Flip Chart (laminated w/rings; 1 S sheets in total) ~ ~ 34 Rocks and Mineral specimens ~ ~ 1 Scratch kit ~ ~ 25 l OX Hand Lenses ~ ~ 25 Rock Labels in Index Card Box ~ ~ I an item is MISSING - Contact tl:e revious Sclroo! and the Mtrseum. Teacher Receiving the trunk Signature Date Teacher Shipping the trunk Signature Dat~ Corpus Clristi ~luseutn of,scie~ace & ~fistory ccmuseum.com 361.826.4650 1:1C11~1ict cif /1C~dcmictilLSosalContrrcl tvitli City of CC :Ind Mus~um5'I runk Rulcs GUILICII31Cti I17V1'lIIOCY SI1~C1_Al7l'