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HomeMy WebLinkAboutC2007-306 - 10/16/2007 - Approved~f - f . ~ , . _~cJ~~ CORPUS CHRISTI INDEPENDENT SCHOOL DlSTRICT Corpus Christi, Texas CONSULTING SERVICES CONTRACT BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DtSTRICT AND THE CITY OF CORPUS CHRISTI This Agreement is made by and between the Corpus Christi Independent School District, a political subdivision of the State of Texas, hereinafter referred to by name or as the "District", and The City Of Corpus Chris#i, a Texas Municjpal Corporation hereinafter referred to by name or as the "Provide~". In consideration of the mutual promises set forth below, the parties agree as foflows: RECITALS The parties hereto contemplate that the Provider will, from time to #ime, be requested by the District to perform certain work or furnish certain services to District staff and students on an independent contractor basis. In respect to such work or services, the parties agree as folEows: TERMS QF AGREEMENT This agreement shall be effective upon execution of this document by the parties and ends on June 30, 2008 This Contractual Agreement shall remain in full force and effect during t~e above referenced time period unless properly terminated by either party, as pro~ided by this Contract~al Agreement. Howe~er, this Contractual Agreement is subject to rules and regulations as may be hereafter promulgated by the Texas Education Agency. MAJ~R RESPONSIBlLITIES AND DUTIES The City will pro~ide to C.C.I.S.D. during the #erm hereof the foilowing projects and services: 1. Two {2) trained and certified officers will provide Drug Abuse and Gang Resistance instruct~on to all fith grade students at C.C.I.S.D. middle school campuses. The lessons will be faught in 10-weekly sessions and will be based on a Needs Assessment of the Campus provided by the District, 2. Corpus Christi Police Department Officers will be available to make presentations to parents and school staff on a number of subjec#s, including a parent's guide #o recognizing the signs and symptoms of early gang i~voi~ement, drug abuse and the consequences of underage drinking. 2U07-30b 14/16/07 Res. 027444 CCISD Page 1 of 10 3. There will be an open line of communication wtth the City Of Corpus Christi and #he Program Specialist for Title IV: Safe and Drug-Free Schools and Communities{SDFSC), {361)88fi-9111. 4. Although not specifcally funded under said contract, the City will continue to ofFer programs that support a continuum of services to C.C.I.S.D. students. These programs are the Officer Friendly program that introduces positive law enforcement interaction to Kindergarten, 1St, and 2nd graders and the Campus Crime Stoppers program that encourages students to take an acti~e part in making their middle and high schools safe places to learn. 5. The City agrees to provide three summaries of program implementation and the program's effectiveness to the Title iV: Safe and Drug-Frees Schools and Communities' Program Specialist by November 3a, 2007, February 29, 2d08, and May 30, 2008. The summary shall include the following: • Documentation of program effectiveness, such as Pre-and Post- ~valuation, studentlteacher surveys, etc. • Totat number of presentations made during the pre~ious quarter. • Total number of presentations made throughout the year-to-date of summary. • Total number o# students served during the previous quarter. • Total number and grade level of classrooms visited during the previous quarter, • Teacher's name for classrooms visited during the pre~ious quarter. • Officer's name for classrooms visited during the pre~ious quarter. « A quarteriy report will include information as prescribed hy the Safe and Drug-Free Schoois and Communities Act "Principles of EfFectiveness" as set forth below: • Principle 1: Assessment- A grant recipient shall base its SDFSC program on an assessment of objective data concerning the drug and ~iolence problems in the schools and communities served. • Principle 2: Performance Measures- A grant recipient shall, with the assistance of local or regional consultation with required representation, which includes community representatives, establish a set of performance measures aimed at ensuring that schools and communities served have a safe, orderly and drug-free learning environment. • Principle 3: Scientifrcaliy Bas~d Research- A grant recipient shall design and implement its SDFSC acti~ities for yo~th based on scientifically based research that provides e~idence that the strategies used pre~ent or reduce drug use and ~iolence. • Principle 4: Analysis of Factors- A grant r~cipient shall base its SDFSC program on an analysis of the prevalence of risk and protective factors, bufFers, assets, or other ~ariables in schools and communities in the state identified through scientifically based research. • Principle 5: Consultation- A grant recipient shall include meaningful and ongoing consultation with, and input from, parents in the Page 2 of 10 development of #he application and administration of the SDFSC program. Principle G: E~aluation- A grant recipient sf~all evaluate its drug prevention and violence prevention program periodically to assess progress toward achie~ing ~ts established perFormance measures. The evaluation results shall be used to refine, impro~e, ar~d strengthen its program, and shal~ be made available to the public upon reques#, with public notice of such availability pro~~ded. REQUIRED DOCUMENTS ^ Social Security Number or (EIN} Employer ldentification Number 74-fi000574 • General Automobile Liability Insurance ^ Felony Conviction Notification ^ Conflict of Interest Questionnaire ^ Teaching Certificate or other professional qualifications {if applicable) PAYMENT F~R SERVICES Provider will be paid a fee of no more than $78,500 for services rendered to middle schools from Title IV: Safe and Drug-Free Schools and Communities. This cost is based on an average hourly rate of $22.18 for 3,440 hours of service to all middle school campuses. Such amount shalf be paid in two {2} equai installments of $26,1fi7 and one ('I) payment of $2fi,166, upon receipt of invoice and evaluati~e re{~orts. The first in~oice is due on No~ember 30, 2007, and the second in~oice is due or~ February 29, 2008, and third invoice is due no later than May 3Q, 2008. Provider will submt~ an invoice with a properly appraved purchase ord~r number for payment. The in~oice wiil show the days of services provided, how the fee is determined, and the total amount requested. The District shall pay Provider no later than thirty (30) days after the date of receipt of the invo~ce from Provider. INDEPENDENT CONTRACTOR RELATIONSHIP In the perForrnance of the services her~by contemplated, the Provider is an indeper~dent contractor, and neither the Pro~ider nor the p~incipals, partners, emplayees, or subcontractors of the Provider shall be deemed servants, agents, or employees of the District. Nothing herein shall be construed to crea~e a partnership, joint ~enture, or employment arrangement between th~ District and Provider. Provider will provide the Office of P~rchasing a copy of current vehicle liability insurance policy. TERMINATION Either party may terminate this Agreem~nt without cause by gi~ing the other party a minimum of ter~ (10) days written no#ice of such termination. Notice of termination of this Agreement before the er~d of ifs term shall not relie~e either party of i#s obligation to Page 3 of 10 perform under the contract, or r~spective liabilities under the contract, ~ntil termination occurs. RECQRD KEEPING The Pro~ider shall pro~ide records #o the District for the services provided to all st~adents receiving services. Pro~ider shall provide the District with such other reports as are necessary to the efficient delivery of the services mu#ua11y agreed upon, and other records as requested by the District from time ta time. ASSIGNMENT Neither this Agreement nor any duties or obligations hereunder shaE! be assignable by the Pro~ider without prior written consent of the District. In the e~ent of an assignment by the Provider to which the District has consented, the assign~e or its legal representative shall agree in writing with the District to personally assume, perform, and be bound by the covenants, obligations, and agre~ments contained herein. In the event the Pro~ider assigns sublets, subcontracts, or assigns without written consen~ by the District, fhis 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, administrators, fegal representatives, successors, and assigns of the respective parties. MEDIATION Excepi for the immediate remedy of injuncti~e relief, nei~her 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 in equity is brought to enforce or interpret the provisions of this Agreement, the pre~ailing party shal! ~e entitled to reasonable attorney's ~ees in addition to any other relief to which it may be entitled. GOVERNiNG LAW AND VENUE The validity of this Agreement and of its terms or pro~isions, as well as the rights and duties of the parties hereunder, shall be governed by the laws o# the Sta#e of Texas. Any legal action brought in state court shali ha~e venue in Nueces County, Texas. Page 4 of 10 ENTIRE AGREEMENT This Agre~ment s~apersedes any and all other agreements, either oral or written, between the parties herefo with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter that is not contained herein shaA be ~alid or binding. AMENDMENT This A~reement may be amended by the mutual agreement of the parties hereto in writing and incorporated into this Agreement. The duly appointed representati~e of each party must sign any such amendment. CONFiDENT~AL RECORDS AND INFORMATION In the carrying out of the terms o~ this Agreement, the Provider may, from time to time, have access to confidentia~ information and documen#s pertaining to studer~ts in tF~e District. The Provider shall not, without written consent of t~e parents of #he studen#, release or disclose to the public or any third party informatio~ or records rega~-ding any District student. Said information and documents are considered confidential, and shall not be used by the Provider, or any of her employees, agents, or representati~es, for pri~ate purposes. The Pro~ider acknowledges that the unauthorized release of confidential student information or records may subject the individual ar en#ity to criminal ar~d civil penalties. Accordingly, the Provider will comp~y with #he requirements of District policy pertaining to the confidentiality of student education records, and will comply with t~e requirements of the Family Education Rights and Pri~acy Act (F.E.R.P.A. - see 2D U.S.C. § 1232g and 34 C.F.R. § 90, et seq.) The Provider further agrees that any confidential student information or records she obtair~s pursuant to the performance of this Agreement will be destroyed after th~ need for such information or records ceases to exist. LEGAL CONSTRUCTION In case any one or more of the pro~isions contained in this Agreement sF~all for any reason be held to be in~aCid, illegal, or unenforceab~e in any respect, such invalidity, illegality, or unenforceability sha~l not affect any other provision hereof, and this Agreement shal! be construed as if such invafid, illegal, or unenforceabie pro~ision had never been containe~ herein. CURRENT REVENUES Each party understands and agrees that any and alf payments made in accordance with this Agreement shall be made out of current revenues a~aila~le to the District. Page 5 of 10 EQUAL OPPORTUNITY The parties shall pro~ide all services and fulfill a11 obligations associated with the subject matter of this Agreement in compliance with the Civil Rights Act o~ 1964, Title IX of the Education Amendments of 1972 (34 C.F.R. § 906, et seq.), and all other applicable anti-discrimination laws. INDEMNIFICATIQN To the extent permitted by law, the Provider shall defend and hofd harmless the District and i#s admir~istrators, staff, agents, and employees against any and all claims for damages, personal injury, or death proximately caused by the acts or omissions of tF~e Pro~ider in the performance of this Agreement, or while Provider is on DEStrict property. NOTICES All written notices provided to the parties pursuant to this Agreement shall be forwarded to each party at the address indicated below. Such notices shall be considered duly and properiy gi~en when deli~ered in person or actually received by either party via U.S. mail or any other deli~ery service provider. WHEREAS, the parties hereto agree to the terms of this Agreement as set forth above, the duly designated represer~tatives of tF~e Corpus Christi Independen~ School District and The City of Corpus Chrtsti hereby execute this Agreement, subject to authorization or ratification by any go~erning bodies, if required by law. The parties hereto acknowledge that they ha~e read this Agreemen#, understand its contents, and agre~ to be legally bound by the terms and conditions of this Agreement. ~I-~i Exe ut ~at Corpus C#~risti, Texas, and Dated on this the ~ day of Idlil 2007. PROVIDER: By: Date: ~~ D The Ci#y of Corpus Christi 321 John Sartain Street Corpus Christi, Texas 78401 Armando Chapa, City S retary o K. (Skip) Noe, City Manager Legal forrn appro~ed on 1~ , 2007 ; ~k~~,~~~ By: ~~~- ~~ ~ ~ Mary K. isc~er, ity Attorney ~ M1TNUltu,c- ~r eed~c~~ 1~°,~.,..~. ~ s~c~r~ttr Page 6 of 10 DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.4. Box '~ 10 801 Leopard Street Corpus Chfisti, T~c s~8403-09 '~ 0 By: Date: Louis ~G,~r~a /J Presir~,~nt, B ~td of Trustees By: Date: `'~~~~' ~ D. Scott Elliff Superintenden~ of Schools Approved as to Legal Form By: Date: 8~3 ~' d 7 Imel~a Martinez In-House Counsel for CCiSD Reviewed and Approved for Purchasing Compliance ~ ~ ~ By: Date: ~z ~~- B n Bray, C. P. ector for Purchasing nd Distribution Page 7 of 10 Felony Conviction Notice Senate Bill 1 passed by the State of Texas Legislators, Section 44.034, Natification of Criminal History, Subsection (a) states "a person or business entity that enters info a contract wit~ a schoo! the District must gi~e advance notic~ to the District if the person or owner or operator of the b~siness entity has been convicted of a felony.° The nofice must include a gene~-al description of the conduct resulting in the conviction of a felony. Subsection (b) states "a school the Dis#rict may terminate a contract with a person or business entity if the District determines that the person or business entity failed to give notice as required by Subsection {a) or misrepresented the conduct resulting in the conviction." The District must compensate the person or business entity for services perFormed before the #ermination of the contract. I, ~he undersigned agent for the firm named below, certify tha# the information concerning notification of felony con~iction has been reviewed by me and the following information ~urnis~ed is true to the best of my knowledge. Vendor's Name Authorized Company Official's Name {please print} A. My firm is not owned nar operated by anyone who has been convicted of a felony. Signature of Company Official B. My firm is owned or ope~-ated by the following indi~idual(s) who haslhave been con~icted of a felony: Name of Felon(s) Details of Con~iction(s) Signature of Company Officia Date C. My firm is a p~blicly owned, stock-exchange corporation; therefore, this reporting requirement is not required. Signa#ure of Company 4fficial Page 8 of 10 CONFLICT OF fNTEREST QUE5TIQNNAIRE If appiicable, attached Form CIQ must be filed by ~endor wi#h CC~SD no later than the seventh business day after vendor submits ~endor's response to the RFP. See Section 176.OQ6, Local Go~ernment Code. A listing of go~ernment officers of CCISD is available on the CCISD website at www.corpuschristiisd.us CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For ~endor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 9 76 of th~ Office Use Local Go~ernment Code by a person doing business with the ~nly governmental entity. Date Received By law ~his questionnaire must be fifed with the records administrator of the local government not la~er than the 7th business day after the date th~ person becomes aware of facts that require the statemen# to be filed. See Section 17fi.006, Local Government Codes. A person commits an offense if the person viola#es Sections 176.Q46, ~,ocal Go~ernment Code. An offense under this section is a Class C misdemeanor. 1. Name of persor~ doing business with local governmental entity. ^ Check this box if you are filing ar~ update to a pre~iously filed questionnaire. (The !aw requires that you file an updated completed questionnaire with the appropriafe filing authority not later than September 1 of the year for which an activity described ir~ Section 176.006(a). Local Go~ernment Code is pending and not later than the 7th business day after t~e date the origina#ly filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affEliation or business relationship witF~ an employee or contractor of the local governmental entity who makes recommendation to a local go~ernment officer of the locaf governmental entity with respect to expenditure of money. . Describe eacf~ affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of the questionnaire. Page 9 of 10 CONFLICT QF iNTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing bus~ness with local go~ernmentai entity Page 2 5. Name a# local go~ernmental officer with who filer has affiliation or business relationship. (Complete this section only if the answer to A, B, or C is YES) This section, item 5 inclu~ing subparts A, B, C& D, must be completed for each officer with who the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer names in th~s section recei~ir~g or likely to recei~e taxa~le income from the filer of the ~uestionnaire? ~ Yes ~ No B. Is the filer of the questionnai~-e receiving or likely to receive taxable income from or at the direction of the local government officer names in this sectian AND th~ taxable incoma is not from the local governmental entity? ~ Yes ~ No C. Is the filer af this questionnaire affiliated with a corporation or other business entity that the local go~ernmental officer serves as an officer or director, or holds an ownership of 1 ~ percent or more? ^ Yes ^ No D. Describe each affiliation or business relationship. . Describe any ather affiliation or business relatior~shi~ that might cause a conflict of lnterest. 7. Sigr~ature of person doing business with the governmental entity Date Page 1 d of 1 Q