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HomeMy WebLinkAboutC2010-436 - 10/28/2010 - NACORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Corpus Christi,-Texas SERVICES CONTRACT BETWEEN THE CORPUS CHRISTI 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 subdivision of the State of Texas, hereinafter referred to by name or as the "District", and Corpus Christi Museum of Science and History, hereinafter referred to by name ar 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 #o time, be requested by the Distric# to perform certain work or furnish certain services to District staff andlor students on an independent contractor basis. With respect to such work or services, the parties agree as follows: TERM OF AGREEMENT This Agreement shall be effective upon execution of this document by the parties and ends on May 31, 2011. This Agreement shall remain in full force and effect during the above referenced time period unless properly terminated by either party, as provided by this Agreement. However, this Agreement is subject to rules and regulations as may be hereafter promulgated by the Texas Education Agency. MAJOR RESPONSIBILITIES AND DUTIES Provider will be responsible for the following.: The Museum will conduct instructional feld trips for all students in Grades 1 and 5 during the 2410-20'11 school year upon request of campus personnel. Activities will correlate 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 Grades 1 and 5 teachers. Bus transportation shall be provided by the District's Office of Transportation. 2010-436 10/28/10 CCISD Page ~ of s ~Na~o DUTY OF SUPERV[SION AND RESPONSIBILITY FORSAFETY OF STUDENTS I# 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. REQUIRED DOCUMENT5 ^ Employer Identification Number 74-6000574 ^ General Automobile Liability Insurance ^ Felony Conviction Notification ^ Conflict of Interest Questionnaire ^ Teaching Certificate or other professional qualifica#ions (if applicable) PAYMENT FOR SERVICES Provider will be paid a total amount no# to exceed $22,000. Provider will submit an invoice with a properly approved purchase order number for payment. The invoice will 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 invoice from Provider. INDEPENDENT CONTRACTOR RELATIONSHIP In the performance of the services hereby contemplated, the Provider is an independent contractor, and neither the Prodder 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 Provider. Provider wil! provide the District's Office of Purchasing and Distribution a copy of current vehicle liability insurance policy. TERMINATION Either party may terminate this 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. Page 2 of 6 RECORD KEEPING The Provider shall provide records to the District for the services provided to all students receiving services. Provider shall provide the District with such other reports as are necessary to the efficient delivery of the services mutually agreed upon, and other records as requested by the District from time to time. 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 even# 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 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 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 any action at law or in equity is 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. GOVERNING LAW AND 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 all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, arid no other Page 3 of 6 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 amendment. 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 Provider 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 representa#ives, for private purposes. The Provider acknowledges -that the unau#horized release of confidential student information or records may subject the individual or entity to crimina[ and civil penalties. Accordingly, the Provider will comply with the requirements of District policy pertaining to the confidentiali#y of student education records, and will comply with the requirements of the Family Education Rights and Privacy Act (F.E.R.P.A. -see 20 U.S.C. ~ 1232g and 34 C.F.R. § 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. CRIMINA! BACKGROUND CHECK An entity that contracts with the Dis#rict 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 Reporting Act {15 U.S.C. Section 1681 et seq.}, all 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 22.0834{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 1, 2008, is offered employment by an entity that contracts with 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 2. The employee or applicant has or will have direct contact with students. Page 4 of 6 The person must submit to 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.D845. The entity shall certify. to 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 contracted services are provided. A service contractor shall provide the District, at its request, the information necessary for the District to obtain criminal history record information for all covered contract employees. 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, ar unenforceable in 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 all payments made in accordance with this Agreement shall be made out of current revenues available to the District. EQUAL OPPORTUNITY The parties shall provide all services and fulfill al[ 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. § 706, et seq.), and all other applicable anti-discrimination 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 in the performance of this Agreement, or while Provider is on District property. Page 5 0# 6 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 properly given when delivered in person or actually received by either 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 above, the duly designated representatives of the Corpus Christi Independent School District and Corpus Christi Museum of Science and History hereby execute this Agreement, subject to authorization or ratification by any governing bodies, if 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 con itions of this Agreement. Executed at Corpus Christi, Texas, and dated on this the ay of , 2010. PROVIDER: CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1201 Leopard Street ppp~t} as to corm: ~' Corpus Christi, Texas 78401 (361) 880-3222 Lisa A i r Assists City Attarne~r gy. ~,.,~~~./ Date: !~ ~ For City Attorney An R. Escobar, City Manager DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 801 Leopard Street Corpus Christi,,Texas 78403-0110 By: Director`for Purchasing and Distribution Approved as to Legal Form Date: ~~Zfly By: ~' Date: ~- Zd 7~~ ~ John J. Janssen Staff Attorney for CCISD Page 6 of 6