HomeMy WebLinkAboutC2012-443 - 9/14/2012 - NA 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 Texas, 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 August 31, 2013.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 Corpus Christi Museum of Science and History will conduct instructional
field trips for all students in Grade 5 during the 2012-2013 school year. Activities
will correlate with the Texas Essential Knowledge and Skills in science. Pre- and
post-visit packets will be provided by the Museum for Grade 5 teachers. Bus
transportation shall be requested from the District's Office of Transportation staff
by the Office of Curriculum and Instruction for Corpus Christi Independent
School District (CCISD) and pair from CCISD field trip funds.
The privatization of this facility results in this contract also including up to 100
meeting room (Watergarden and Lecture Hall) uses by the CCISD.
2012-443 Page 1 of 6
9/14/12
CCISD INDEXED
DUTY 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 or 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
■ Felony Conviction Notification
• Conflict of Interest Questionnaire
■ Teaching Certificate or other professional qualifications (if applicable)
PAYMENT FOR SERVICES
Provider will be paid a total 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. Upon
request, Provider will provide the District's Office of Purchasing and Distribution a copy
of current vehicle liability insurance policy or proof of other insurance as deemed
appropriate by the District.
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 3of6
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
the Provider in the performance of this Agreement, or while Provider is on District
property.
Page 5 of 6
r . .
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 of 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 2 3day of 01.4, 2012.
PROVIDER: CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
1201 Leopard Street
Corpus Christi, Texas 78401
(361)880-3222
By: /4"-is ,, Date: 0— .2 3--I2
-Ftertingitieerr 6i-1( PA'
,Gity-Marrager i f rS 4 DIDexwcfycivi
DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
P.O. Box 110
801 Leopard Street
Corpus Christi, Texas 78403-0110
By: Date: Alf(/7-
Briar r- , C.P.M.1,44 ,
Dire o •r °urc ,sing and Distribution
Approved as to Legal Form
By: V)ti( Date: '
John J. Janssen
General Counsel for CCISD
Page 6 of 6
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Felony Conviction Notice
Senate Bill 9 passed by the State of Texas Legislators, Section 44.034, Notification of
Criminal History, Subsection (a) states "a person or business entity that enters into a
contract with a school the District must give advance notice to the District if the person
or owner or operator of the business entity has been convicted of a felony," The notice
must Include a general description of the conduct resulting In the conviction of a felony.
Subsection (b) states "a school the District 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 termination of the contract,
1, the undersigned agent for the firm named below, certify that the information
concerning notification of felony conviction has been reviewed by me and the following
Information furnished Is true to the best of my knowledge.
vendor's Name 6C A ��
k /Zis 7�r cret
Authorized Company
Official's Name(please print) A?G1�
14 8 &&
A. My firm Is not owned nor operated by any a who h: b:e co. cted of a felony,
Signature of Company Official_ =
B. My firm is owned or operated by the following individuals) who has/have been
convicted of a felony;
•
Name of Felon(s)
Details of Conviction(s) •
Signature of Company Official Date
•
C. My firm is a publicly owned, stock-exchange corporation; therefore, this reporting
requirement is not required.
Signature of Company Official
it
Amount of Contract$1 to$24,999.90 Page 8 of 10 7-22-11
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COLCT Off' TIE EST UST N I
In accordance with Local Government Code Section 178.006 the vendor Is responsible for
completing Form CiQ in its entirety if vendor has a business relationship with a local government
entity; and has employment or other business relationship with an officer of that local government
entity (CCISD). A listing of government officers for CCISD is available at _nig under
Purchasing Dept;
•
CONFLICT OF INTEREST QUESTIONNAIRE FORM CM/
For vendor or other Penson doing business with loon!goVoftlmentat entity
This questionnaire Wools ebedges mod.to the low by H,a. 1d01,80th log„Refuter 8eeslorr. OAFtCt;USSONLY
7hisgilestlonnago ISbeing MIS inaccordance with Chapter 170,Loco!Govemmen I Code bat/mew,.
byoporton who has nbusiness relationship nsdefined bySection 170.001(1-i)with 010 of
govefmltentol eniityand the person meets requirements under Section 170.000(x).
Bylaw this questionnaire must be filed with the records txfnrinlsirator of 140locoldovemmentnl
entity not toter Man the%%business day after the dote the person becomes swore of facts
Ihnt reglslro the slntemenl to be Ned.See Section 116.000,Local Government Code.
A person commits en offense If the perten knewbigly violeles Section 170.000.Locdt
Govemgtoril Code.An offense tinder I INs Section is a Cfnss C misdemeanor.
Name of parse vibe hoe b slneq}trot/mob 1pwuhtooalq vornm.nta entity.
ri Check tii s box If you pre filing a update to a previously plod qusllonnelro.
(The low requires that you die on updated completed questionnaire with(no Appropriate Ming authority not
•
Inter than the TM business day offer the dale the Worthily filed quesuonnotre becomes incomrplete or lnaccurote.)
3
Mine offoeatgovernment OWN withWhom liter ha pioymo or business(01fittenship.
Nonce of Officer
This section tilont 3 Winding salmporns A.is.c&0) must be completed for each officer wins whom roe mar has on
empbyment or other business(efatronship os defined by Section 1Moo l((-m),Lam crovetnmeni Cod°.Abaci Wino/rot
poses to Ibis Form clo as necessary.
A. is the beet government otAter named in this section receiving or likely to receive taxable Income,other then invesrnteni
income,from the stet Whir questionnotre?
Yes o
8, is the mar of the questronnove receiving or likely to receive wattle income,other than Investment income,frem or nt the
affection of too local government officer named in alis section AND the taxable Income Is not received front the local
governmoniai entity?
I I Yes No
C. Is Ilio tier 01 Ibis questionnaire employed by a corpotarron of other imams entity with respect to witch the local
government officer serves as on orficer or rector,Of holds an ownersntp of 10 percent or more?
1---7Yee r No
D. Doscrllbe Ouch employment or business reloitonshlp wllh the focal Oovemment officer minted In this seelion.
; 4911,011r
signature of person ding twsrness x ih lite QS, omen. enhilY o ie
Adopted OB/2412007
Amount of Contract$1 to$24,999,99 Page 9 of 10 7-22-11
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CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entityF CIQ
Page 2
3 Name of local governmental officer with who flier has affiliation or business relationship.(Complete this
section only If the answer to A, B,or C Is YES)
his section,item 5 Including subparts A,B,C&D,must be completed for each officer with who the filer has
(filiation or business relationship. Attach additional pages to this Form C1Q as necessary.
A.Is the local government officer names In this section receiving or likely to receive taxable Income from the
filer of the questionnaire?
Yes Lr No
B,is the filer of the questionnaire receiving or likely to receive taxable Income from or at the direction of the
local government officer names In this section AND the taxable Income Is not from the local governmental
entity?
U Yes 1AT No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local
governmental officer serves as a officer or director,or holds an ownership of 10 percent or more?
QYes No
D. Describe each affiliation or business relationship,
a Describe any other affiliation or business relationship that might cause a conflict of Interest.
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7-(2
Jr
Signature of person doing buelnes-w 'the governmental entity Date
- i
Amount or Contract$1 to$24,9Se.09 Page i0 of 10 7-22.11