Mercedes Independent School District

MERCEDES INDEPENDENT SCHOOL DISTRICT CONSULTING AGREEMENT

THIS AGREEMENT is entered on this the day of by and between herein called CONTRACTOR and the Mercedes Independent School District, herein called DISTRICT.

WHEREAS the DISTRICT desires to engage the CONTRACTOR to render certain technical services related to the project called and in consideration of the mutual convenants contained herein, the parties hereto agree as follows:

1. Employment of CONTRACTOR : The DISTRICT agrees to engage the CONTRACTOR and the CONTRACTOR agrees to perform in a manner satisfactory to the DISTRICT the following services:

2. Date, Time, and Place of Performance: The services are to be performed at the following:

Place:

3. Statement of Service to be rendered:

4. Special Stipulations:

5. Have you complied with Senate bill 9 Section 22.0834? Have you or any of your employees ever been convicted of or pled guilty or no contest (nolo contender) to a felony or offense involving moral turpitude (including, but not limited to, theft, attempted theft, fraud, rape, murder, swindling, and indecency with a minor)? If yes, please state where, when, and the nature of the offense; indicated whether the charges were dismissed as a condition of probation, suspension, or deferred adjudication.

6. Compensation: The DISTRICT agrees to pay the CONTRACTOR a fee of $ per for all work performed. No additional fees or reimbursable to be applicable. Total amount of the contract $ .

7. Termination of Contract : CONTRACTOR shall have completed all work covered by this contract and this contract shall terminate unless extended by mutual agreement of the District and the CONTRACTOR at the time of final performance is completed as indicated in paragraph 2 herein. This contract may be terminated by the DISTRICT if for any reason the CONTRACTOR shall fail to fulfill in a timely and proper manner his obligations under this contract, in which event the DISTRICT may terminate the contract by giving written notice of such termination and the effective date of the termination. In the event of termination of the contract, the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed to the date of termination.

The DISTRICT may also terminate this contract at any time without cause by the furnishing of a verbal or written notice from the Superintendent or the Chief Financial Officer/Administrator. The CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed to the date of termination.

8. Independent CONTRACTOR and hold Harmless Agreement : CONTRACTOR is an independent CONTRACTOR and shall be solely responsible for payment of his employees and shall provide, if required, workmen’s compensation and public liability insurance to protect himself from liability for injuries or damages to his employees and shall further be solely responsible for the withholding and/or payment of any taxes or contributions imposed by any federal, state or local governmental entity by reason of employment. The CONTRACTOR agrees to hold DISTRICT harmless from any and all liability that DISTRICT may incur, including without limitation damages of every kind and nature, out of pocket costs and legal expenses, incurred by reason of the CONTRACTOR’S negligence or breach of this contract.

9. Entire Agreement : This contract constitutes the entire agreement of the parties hereto and it may not be changed or altered except by written agreement signed by the parties to this contract.

IN WITNESS WHEREOF the MERCEDES INDEPENDENT SCHOOL DISTRICT and the CONTRACTOR have executed this agreement effective the date first herein written.

DISTRICT CONTRACTOR

Director/Principal Contractor Signature

Assistant Superintendent Address

Superintendent City, State Telephone Number

Budget No.: EIN OR Social Security Number

Board Approved:

NOTE: Budget number must be included. Attach two copies of contract to requisition, and forward to appropriate Administrator for approval and payment. Independent Contractor Certification Form

Introduction: Texas Education Code Chapter 22 requires an independent contractor who provides services to a school district to obtain criminal history review if the independent contractor will have continuing duties related to the contracted services and direct student contact. Each independent contractor must certify to the District that the contractor has complied. Independent contractors with disqualifying criminal histories are prohibited from serving at a school district. Before work on this contract begins, Independent Contractor shall obtain criminal history record information through the criminal history clearinghouse as provided by Section 411.0845, Government Code relating to an employee or applicant who has or will have continuing duties related to the contracted services; and the employee or applicant has or will have direct contact with students. The Contractor must obtain criminal history record information before or immediately after employing or securing the services of the employee or applicant that has or will have continuing duties related to the contracted services if the employee or applicant has or will have direct contact with students. The Contractor further agrees that he shall assume all expenses associated with the criminal background check and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from District property or the location where students are present.

The district may not obtain criminal histories for individual independent contractors: The law requires each contractor to obtain the criminal histories of its covered employees. For more information or to set up an account, a contractor should contact the Texas Department of Public Safety’s Crime Records Service at 512-424-2474.

Disqualifying criminal history: (1) a conviction or other criminal history information designated by the District; (2) a felony or misdemeanor offense that would prevent a person from obtaining certification as an educator under Texas Education Code § 21.060, including an offense listed at 19 Tex. Admin. Code § 249.16; or (3) one of the following offenses, if at any time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; (c) an equivalent offense under federal law or the laws of another state.

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I certify to the Mercedes Independent School District (“District”) that I have obtained all required criminal history record information regarding myself through the Texas Department of Public Safety’s Fingerprint-based Applicant Clearinghouse of Texas (FACT). I further certify to the District that I do not have a disqualifying criminal history. I agree to notify the District in writing within 3 business days if I am arrested or adjudicated for a disqualifying reason during the contract term.

I agree to provide the District, upon request, my full name and any other requested information so that the District may obtain my criminal history record information. I understand that the District may terminate my services at any time if the District determines, at its sole discretion, that my criminal history is not acceptable.

Noncompliance or misrepresentations regarding this certification may be grounds for contract termination.

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Signature Date

IMPORTANT

By submitting this form, I am indicating that I am complying with Senate Bill 9, Section 22.0834 Criminal History Record Information Review of Certain Contract Employees, Texas Education Code.

Ralph Mendez – Director Of Purchasing 206 W. Sixth Street P.O. Box 419 Mercedes, TX 78570 Phone (956)514-2011 Fax (956)514-2050