6-RFP 23-004KB-07 Fine Arts Consultants and Clinicians Service Agreement.pdf

FORT BEND INDEPENDENT SCHOOL DISTRICT

Standard Service Agreement

1. THIS SERVICES CONTRACT (“Agreement”) is made and entered into by and between Fort Bend Independent School District ("District"), 16341 Lexington Boulevard, Sugar Land, Texas 77479 and (Service Provider").

2. The District agrees to engage the Service Provider and the Service Provider agrees to perform personally in a manner satisfactory to the District, the following services (Scope of work):

Fine Art Clinicians and Consultants

3. Unless discontinued earlier by the District, the services are to be performed on the following dates and places: 6/11/2026 through 1/21/2028 at District Wide – Various Locations.

4. This is not a fixed price contract and will be performed on a service-order basis. FBISD will pay Service Provider based on service order form(s) to be completed and signed by the Parties, a version of which will be provided to Service Provider by FBISD. FBISD will engage Contractor on an “as-needed if needed” basis and does not guarantee the purchase of any quantity or dollar amount of Services.

The payment schedule is detailed in Exhibit A, Payment for Services, which is attached and incorporated by reference for all purposes.

5. This contract may be terminated by the District at any time without cause and without penalty to the District. In the event of termination by the District or the Service Provider prior to completion of the contract, compensation shall be prorated on the basis of actual work performed and substantiated, and the Service Provider shall only be entitled to receive just and equitable compensation for any satisfactory work completed up to the date of termination.

6. Service Provider may not assign this contract to a third party without consent of the District.

7. The Service Provider is not an employee of the District and is not entitled to fringe benefits, pension, workers' compensation, retirement, etc. The District shall not deduct Federal Income Taxes, FICA (Social Security), or any other taxes required to be deducted by an employer, as this is the responsibility of the Service Provider.

8. The Service Provider agrees to hold the District harmless from any and all liability incurred by the District by reason of the Service Provider’s negligence or breach of contract including, without limitation, damages of every kind and nature, out-of-pocket costs and legal expenses. Prior to performing any services hereunder, the Service Provider agrees to maintain insurance and provide proof of the required coverages. The District reserves the right to change such requirements for purposes of this contract.

9. The Service Provider agrees to comply with all state, federal and local laws, to the extent applicable to the services, including but not limited to FERPA (Family Educational Rights and Privacy Act) and the Equal Employment Opportunity Act. The Service Provider shall maintain all licenses and certifications required for performance of the services, as applicable.

10. The Service Provider shall retain any books, documents, papers and records which are directly pertinent to this contract, and shall make such materials available for audit and examination by the District or its agents, for the term of the contract and for a period of five years following the expiration of the contract.

11. The Service Provider agrees to Fort Bend ISD’s General Provisions for Purchasing & Contracts and Purchase Order Terms and Conditions available at www.fortbendisd.com/Domain/44, with the terms of this Contract having priority in the event of any conflict. No terms or conditions proffered by the Service Provider or included in any exhibit prepared by the Service Provider are binding on the District unless restated in the main body of this contract.

12. SUBCONTRACTORS: If Service Provider is permitted to subcontract any of the Services, Service Provider shall ensure that each subcontractor complies with all provisions of this Agreement. Service Provider will remain liable for the acts and omissions of such subcontractor(s) and the proper performance and delivery of the Services.

13. PROVISIONS RELATED TO FEDERAL CONTRACTORS (EDGAR): This section is applicable only for services to be paid with federal funds. If federal funds will be used to pay for Services under this Agreement, the Parties understand and agree that this Agreement is subject to appropriation, approval, and disbursement of such funding by the United States federal government and its funding administrators, including, but not limited to, the Texas Education Agency. As applicable, the Parties agree to

RFP 23-004KB-07 JUNE 26

http://www.fortbendisd.com/Domain/44

This document also incorporates the following Exhibits – Exhibit A - Detailed Description of Services and Payment Schedule; The Terms and Conditions of the RFP/RFQ solicitation documents and addenda, if any; The proposal document submitted by Contractor in response to RFP/RFQ; Exhibit B – Fort Bend I.S.D. Insurance Requirements; Exhibit C – EDGAR Certifications; Exhibit D Conflict of Interest Questionnaire

Version 2019-20-1.0 (June 2019) – Dept. of Legal Services comply with any terms, conditions, and policies related to the use of federal funds, including, but not limited to, the Education Department General Administrative Regulations (“EDGAR”) and any other requirements related to applying for, receiving, managing, and reporting federal funds. Service Provider shall complete the “EDGAR Certification” attached and incorporated by reference. Noncompliance or misrepresentation regarding this certification may be grounds for termination of this Agreement.

All services contracts paid with federal grants shall be effective only during the period of availability of the funds identified in the Notice of Grant Award (“NOGA”). This Agreement is effective only after the NOGA is issued. This agreement identifies and lists only reasonable, necessary, and allocable services to be provided during the period of availability of the funding sources listed in the contract. The administrative costs charged to the grant in the contract must comply with any limitations for administrative costs for funding sources (if applicable).

14. CRIMINAL HISTORY CERTIFICATION: Service Provider certifies it has obtained all required criminal history record information regarding any individual or employee with continuing duties related to the services provided in this Agreement and who has or will have direct contact with students. Service Provider further certifies no employee has a felony or misdemeanor offense described in Texas Education Code 22.085(a).

15. CONFLICT OF INTEREST DISCLOSURE: Prior to and as a condition of doing business with FBISD, Service Provider shall disclose any business relationship, past or present, with a sitting Board member or FBISD employee. Any such relationship shall be disclosed on Form CIQ provided by the Texas Ethics Commission and currently available at Form CIQ (Conflict of Interest Questionnaire) (state.tx.us). Failure to disclose the existence of any such relationship is grounds for immediate termination of this Agreement. Service Provider represents it has attached any conflict of interest disclosure required by this section.

16. FELONY CONVICTION NOTICE: Texas Education Code 44.034(a), Notification of Criminal History provides, “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner operator of the business entity has been convicted of a felony. If notice is required of Service Provider, then Service Provider shall attach a statement providing a person or an owner operator of the business entity has been convicted of a felony and a general description of the conviction and conduct resulting in the conviction of a felony.

17. DEBARMENT OR SUSPENSION: Federal Law (2 CFR Part 180 and Part 200) prohibits non-federal entities from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000. Service Provider certifies neither Service Provider nor its principals are suspended or debarred by a federal agency.

18. RELATIONSHIPS WITH FOREIGN ENTITIES: In accordance with Texas Government Code Chapter 2252, Subchapter F, Service Provider certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, the Government of Iran, the Government of Sudan, or a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. If Service Provider is a company with 10 or more full-time employees and for contracts with a value of $100,000 or more, Service Provider certifies and verifies that, pursuant to Texas Government Code Chapter 2270, neither Service Provider, nor any affiliate, subsidiary, or parent company of Service Provider, if any (the “Service Provider Companies”), boycotts Israel, and Service Provider agrees that Service Provider and Service Provider Companies will not boycott Israel during the term of this Agreement.

Fort Bend ISD Service Provider Approved by:___________________________ Dr. Marc Smith Superintendent of Schools Date: __________________

Printed Name: Service Provider Name Signature: _____________________________________

Date: _____________________

Address: ______________________________

Phone: ______________________________ Email: ______________________________ https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Exhibit E

HOLD HARMLESS AGREEMENT

This Hold Harmless and Indemnification Agreement (“Agreement”) is entered into by Fort Bend

Independent School District, (“District”) and ________________________ (“Service Provider”).

The intent of this Agreement is to indemnify the District from any claims arising from and related to the services provided between 6/11/2026 and 1/21/2028 by Service Provider to the

District.

FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, Service

Provider and District agree as follows:

Service Provider will indemnify and hold harmless the District, its’ Board of Trustees, officers, employees and agents from and against any and all claims, actions, and judgments or other litigation including all costs of defense and attorney’s fees incurred in defending against same, arising from and related to the services provided between 6/11/2026 and 1/21/2028 between the District and the Service Provider. Service Provider’s actions include the acts of Service

Provider’s agents and employees.

In the event any claim or suit is brought against the District within the scope of this Agreement, Service Provider shall pay for legal counsel chosen by the District to defend against the same.

This Agreement shall encompass claims resulting from the purchase order for services by

Service Provider to the District between 6/11/2026 and 1/21/2028.

In the event either party files suit in a court of law to interpret or to enforce the terms of this

Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claim, to its reasonable legal fees and costs incurred in such action to interpret or to enforce the terms of this agreement.

This agreement shall be interpreted under the laws of the State of Texas and in the County of

Fort Bend.

SIGNATURE: ____________________________________

DATE _________________________