HomeMy WebLinkAboutC2010-092 - 4/2/2010 - NA141E r. 26. X414 3, ~2PM
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cpRPUS CHRISTI INDEPENDENT scHOal_ DISTRICT
Corpus Christi, Texas
SERVICES CONTRACT
BETWEEN THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
AND
CORPUS GHRISTI MUSEUM OF SCIENCE AND HISTORY
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 Carpus Christi Museum of Science and History, hereinafter
referred to by name or as the "Provider". In consideration of the mutual promises set
forth below, the parties agree as follows:
RECITALS
The parties hereto contemplate that the Provider will, from time to time, 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 follows;
TERMS OF AGREEIINENT
This Agreement shalt be effective upon execution of this document by the parties and
ends on May 31, 2010. This Contractual Agreement shall remain in full force and effect
during the above-referenced time period unless properly terminated by either party, as
provided by this Contractual Agreement. However, this Gontractual Agreement is
subject to rules and regulations as may be hereafter promulgated by the Texas
Education Agency.
MAJOR RESPONSIBILITIES AND DUTIES
The Provlder will be responsible for the following:
The Museum will conduct instructional field trips for all students in Grades 7 and
5 during the 2009-2010 school year upon request of campus personnel. Activities
will correlate wlth the Texas Essential Knowledge and Skills In mathematics,
science, and social studies. Pre and post-visit packets will be provided by the
Museum for Grades 1 and 5 teachers. Bus #ransportation shall be requested from
the District's Office of Transportation staff by campus staff and paid from
campus-allocated field trip funds.
2010-092
04/02/10
CCISD
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bUTY OF SUPERVISION- AND RESPONSIBILITY FOR SAFETY OF STUDENTS
It is the responsibility. of the District, its employees, representatives, and agents to
supervise the students at all times. while in the Museum and 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.
RECtUIRED DOCUMENTS
Employer identification Number 74-6800574
^ General Automobile Liability Insurance
^ Felony Conviction Notification
^ Conflict of /merest Questionnaire
^ Teaching Certificate or other professional quaiificatians (if applicable)
PAYMENT FOR SERVICES
The Provider will be paid a total amount not to exceed $22,OQQ. The Provider will
submit an invoice with a properly .approved purchase order number for' payment.
District shall pay the Provider no later than thirty (30) days after the date of receipt of
the invoice from the Provider, The Provider will provide records to the District for the
services provided to all students upon requests.
INDEPENDENT CONTRACTOR RELATIONSHIP
In the performance of the services,hereby contemplated, the Provider is an independent
contractor, and neither. the Provider nor the principals, partners, employees, or
subcontractors of the Provider shall be deemed servants,, agents, or employees of the
District. Nothing herein shall be construed to create a partnership, joint venture, or
employment arrangement between the District and the Provider, Provider will provide
the Office of Purchasing- and pistribution staff with a copy of current vehicle liability
insurance policy..
7ERMINATiON
Either party may terminate thus Agreement without cause by giving the other party a
minimum of ten {10) days written notice of such termination. Notice of termination of
this Agreement. before the end of its term shall not relieve either party of its obligation to
perform under the contract or respective liabilities under the contract until termination
occurs.
ASSIGNMENT
Neither this Agreement nor any duties or obligations hereunder shall be assignable by
the Provider without prior written consent of the District. In the event of an assignment
by the Provider 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
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the Provider assigns, sublets, or subcontracts 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 shat! be binding on the
heirs, executors, adminis#rators, legal representatives, successors, and assigns of the
respective parties.
MEDIATION
Except far 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 any action art law or in equity is brought to enforce or interpret the provisions of this
Agreement, the prevailing porky shall be entitled to reasonable attorney's fees in
addition to any other relief to which it may be en#itled.
GOVERNING LAW ANb VENUE
The validity of this Agreement, and of its terms or provisions, 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.
ENTIRE AGREEMENT
This Agreement supersedes any and a!I other agreements, either oral or written,
between the parties hereto .with respect to the subject matter hereof, and na other
agreement, statement, or promise relating to the subject matter that is not contained
herein shall be valid or binding.
AMENDMENT
This Agreement may be amended by the mutual agreement of the parties hereto in
writing and incorporated into this Agreement. The duly appointed representative of
each party must sign any such arrrnendment.
CONFIDENTIAL RECORDS AND INFORMATION
In the carrying out of the terms of this Agreement, the Provider may, from time to time,
have access to confidential information and documents pertaining to students in the
District. The Rravider shall not, without written consent of the parents of the student,
release or disclose to the public or any third party information or records regarding any
District student. Said information and documents are considered confidential, and shall
not be used by the Provider, or any of its employees, agents, or representatives, far
private purposes. -The .Provider acknowledges that the unauthorized release of
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confidential student information or records may subject the individual ar entity to
criminal and civil penalties. Accordingly, the Provider will comply with the requirements
of District policy pertaining to the confidentiality of student educational records, and will
comply with the requirements of the Family Education Rights and Privacy Act (I=ERPA -
see 20 U.S.C. § 1232g and 84 CFR § 90, et seq.). The Provider further agrees that any
confidential student information or records it obtains pursuant to the performance of this
Agreement will be destroyed after the need for such information or records ceases to
exist.
CRIMINAL BACKGROUND CHECK
An entity #hat contracts with the District to provide services shall obtain from any law
enforcement or criminal justice agency or a private entity that is a consumer reporting
agency governed by the Fair Credit Reporking Act (15 U.S.C. Section 1681, et seq.), a(I
criminal history record information that relates to an employee of the entity who is
employed before January 1, 2008, and who is not subject to a national criminal history
record information review under Education Code Z2.0834(b) if:
1. The employee has continuing duties related to the contracted services; and
2. The employee has direct contact with students.
A person who,. on or after January 7, 2008,. is offered employment by an entity that
contracts wish the District must-submit to a national criminal history record information
review if:
1. The employee or applicant has or will have continuing duties related to the
contracted services; and
~, The employee ar applicant has or wilt have direct contact with students.
The person must submit #o the review before being employed or serving in a capacity
described above..
An entity contracting, with the District shall obtain all criminal history record information
that relates to a person described above through the criminal history clearinghouse as
provided by Government Code 411.0845.
The entity shall certify #o the District that it received all of the criminal history record
information required above. The service contractor shall also certify that it will take
reasonable steps to ensure that the conditions or precautions that have resulted in a
determination that any person is not a covered contract employee continue to exist
throughout the time that the vontracted services are provided,
A service contractor shall. provide the District, at its request, the information necessary
far the District to obtain .criminal, history record information for all covered contract
employees.
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LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable to any respect, such invalidity,
Illegality, or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
CURRENT REVENUES
Each party understands and agrees that any and alt payments made in accordance with
this Agreement shall be made out of current revenues available to the District,
EQUAL OPPORTUNITY
The parties shat! 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 I~ of the
Education Amendments of 1972 (34 CFR § 106, et seq.), and all other applicable
antidiscrimination laws.
INDEMNIFICATION
To the extent permitted by law, the Provider 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
Provider to the performance of this Agreement, or while Provider is on District property.
IMMUNITY NOT WAIVED
Nothing to this agreement is intended, nor may it be deemed, to waive any
gov$rnmental, official, or other immunity ar 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
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 property gtv+~n when delivered in person or actually received by either party by
United States mail or any other delivery service provider.
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WHEREAS, the parties hereto agree to the terms of thus Agreement as set forth above,
the duly designated representatives of the Corpus Christi independent School District
and the Corpus Christi Museum of Science and History hereby execute this
Agreement, subject to authorization or ratification by any governing badieS 'tf required by
law. The parties hereto acknowledge that they have read this Agreement, understand
its contents, and agree.. to be legally bound by the terms and conditions of this
Agreement.
Executed at Carpus Christi, .Texas, and dated on ihis, the .2 .day of
2010.
PROVIDEF
Approved as to form: a• 1 ~
~~~
Lisa Aguil
Assistant Attorney
For City Attorney
Z: CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
'1201 Leopard Street
Carpus Christi, Texas 7409
{3B 1) 880-32zz
r
ay: ~ ~~ Date: O
ge R. Escobar
City Manager
DISTRICT; CORPUS CWRISTi INpEPENDENT SCHOOL DISTRICT
801 .Leopard :street, P.4. Box 110
Carpus Christi, Texas 784030110
By: Date: ~
D. Scott Elliff
superintendent of Schools
Approved as tb Legal Form
By: ~ ~r - - Date: /~ r c
-John J. Janssen
Staff Attorney:
Reviewed ar~d Approved for Purchasing Compliance
By: Date: ~/~ !o
r' n Bray,. C, ,
hector for Purchasing and Distribution
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