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HomeMy WebLinkAboutC2011-524 - 10/19/2011 - NA V CORPUS 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 Tuxas, hereinafter referred to by name or as the "District", and CORPUS 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/or students on an independent contractor basis. In 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, 2012. 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 The Provider will be responsible for the following: The Museum will conduct instructional field trips for all students in Grades 1 and 5 during the 2011-2012 school year upon request of campus personnel. Activities will correlate with the Texas Essential Knowledge and Skills In mathematics, sci :nce, and social studies. Pre- and post-visit packets will be provided by the Museum for Grades 1 and 5 teachers. Bus transportation shall be requested from the District's Office of Transportation staff by campus staff and paid from campus-allocated field trip funds. 2011-524 10/19/11 Page 1 of 6 CCISD INDEXED DUTY OF SUPERVISION AND RESPONSIBILITY FORSAFETY 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. REQUIRED DOCUMENTS • Social Security Number or (EIN) Employer Identification Number 74-6000574 • General Automobile Liability Insurance (if applicable) • Felony Conviction Notification (if applicable) • Conflict of Interest Questionnaire (if applicable) • Teaching Certificate or other professional qualifications (if applicable) PAYMENT FOR SERVICES Provider will be paid a total amount not 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 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 Provider. Provider will provide the 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 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 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, and 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 representatives, for private purposes. The Provider acknowledges that the unauthorized release of confidential student information or records may subject the individual or entity to criminal and civil penalties. Accordingly, the Provider will comply with the requirements of District policy pertaining to the confidentiality 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. CRIMINAL BACKGROUND CHECK An entity that 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 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 Page 4 of 6 2. The employee or applicant has or will have direct contact with students. 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 411.0845. 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, or 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 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 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 Page 5 of 6 Nov 09 11 02: O1p Museum Of Science And His 3618847392 p. 2 the Provider in the performance of this Agreement, or while Provider is on District 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 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 conditions of this Agreement. Executed at Corpus Christi, Texas, and dated on this the day of , 2011. PROVIDER: CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1201 Leopard Street Corpus Christi, Texas 78401 (361) 880-3222 By: 41. / AI-• ' Date: l 3 II Ron Olson + City Manager Approved as to form: ir -• z•it By DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DtSTRldT ~� Brian Narvaez P.O. Box 110 Assistant City Attorney 801 Leopard Street For City Attorney Corpus Christi, Texas 78403-0110 By: A#40 4r Date: /aX, // B/nl7�i�.'.P.M. rector for Purchasing and Distribution Approved as to Legal Form By: `q 'y%r Date: /0-a-*2 f,( John J. Jansce General Counse' for CCISD Page 6 of 6 the Provider in the performance of this Agreement, or while Provider is on District 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 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 conditions of this Agreement. Executed at Corpus Christi, Texas, and dated on this the day of , 2011. PROVIDER: CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY 1201 Leopard Street Corpus Christi, Texas 78401 (361) 880-3222 By: Date: Ron Olson City Manager DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 801 Leopard Street Corpus Christi, Texas 78403-0110 By: '' Date: /bA/// Bf r np , C,P.M. l7 rector for Purchasing and Distribution Approved as to Legal Form - 1`� 4,7 By: /-�1� •___., - Date: //''i j '/ John J. Janssen General Counsel for CCISD Page 6of6