9090107
CONTRACT
BETWEEN
NEW HANOVER COUNTY SCHOOLS
6410 CAROLINA BEACH ROAD, WILMINGTON, NC 28412
AND
NAME OF COMPANY/INDIVIDUAL
SOCIAL SECURITY # OR FEDERAL ID #
ADDRESS
PHONE # E-MAIL:
This contract will begin on July XX, 2012 and ends on June XX, 2013, between New Hanover
County Schools (NHCS) and <NAME>, to provide professional physical therapy services.
Both parties mutually agree to the following:
1.
This contract is, between New Hanover County Board of Education, aka New Hanover
County Schools, hereinafter referred to as NHCS, and <NAME>, hereinafter referred to as
Contractor, to provide the special education and educationally related services specified in paragraph 3. The Contractor shall provide services in accordance with transdisciplinary service practices and in a manner specified by an Individualized Education Program.
2.
The Contractor shall provide services by only qualified individuals in accordance with all applicable federal and state laws and implementing regulations, and in accordance with
New Hanover County School Board Policy and Procedures.
3.
SERVICES: a.
Not to exceed 100 hours of PRN physical therapy services.
4. COMPENSATION:
The maximum allowed charges against this contract shall be: a.
For services rendered in paragraph 3a., $50.00 per hour not to exceed a total of
$5,000.00. b.
Total services shall not exceed $5,000.00
5. BILLING:
Mellis, Jennifer Renea 12-13

9090107 a.
In accordance with New Hanover County School fiscal procedures, a purchase order will be issued and the Contractor shall submit monthly invoices to New Hanover County
Schools, Accounts Payable, 6410 Carolina Beach Road, Wilmington, NC 28412 referencing the purchase order.
6.
TERM: July XX, 2012 through June XX, 2013. The NHCS is under no obligation beyond the ending date of this contract. This contract can be terminated earlier by either the
Superintendent of the NHCS or the New Hanover County Board of Education at their discretion at any time, and in such event, Contractor’s only remedy shall be payment for services previously rendered and accepted by NHCS. Contractor may terminate this contract after giving a thirty-day notice, in writing, of intent to do so and in such event,
Contractor shall be entitled only to payment for services rendered and accepted by NHCS prior to such termination.
7. This contract for services is contingent upon the availability of adequate revenue.
8.
The Contractor assumes all responsibility for reporting Contractor employee income to the state and federal authorities.
9. In the event that the Contractor fails to deliver the agreed upon services, the Contractor must notify NHCS 24 hours in advance of this condition and must immediately propose and implement remedies. Failure to provide notification may result in immediate termination of this contract.
10.
The Contractor agrees to maintain program and fiscal documentation for services rendered. Such documentation shall be maintained in accordance with applicable federal and state laws and implementing regulations and NHCS Policy and Procedures. Student specific information shall be the property of the NHCS. All program and fiscal documentation is subject to audit. The Contractor assumes fiscal responsibility for preparation of program and fiscal documentation, supplies and materials.
11. The Contractor shall comply with NC House Bill 933, Section 21, (G.S. 115C, Article 22, part
6 amended). Contractor shall conduct checks not less than annually of its employees and others who provide the contracted services to the New Hanover County Schools. The checks must include the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender
Registry. Contractor shall prohibit any of its employees and contractual personnel listed with any such programs or registry from having direct interaction with students, and provide NHCS a notarized statement certifying that none of its employees or contractual personnel who have direct interaction with students are listed with these programs or registry within 30 days of the commencement of this contract.
12. Contractor shall indemnify, defend and hold harmless NHCS, its Board Members, employees and agents, of and from any and all claims, demands, damages, liabilities,
Mellis, Jennifer Renea 12-13

9090107 causes of action and lawsuits, of whatsoever kind or nature, arising out of or pertaining to the performance or non-performance of this contract by Contractor, its employees, subcontractors or agents, or pertaining to or arising out of any action or omission of
Contractor, its employees, subcontractors or agents, including but not limited to reasonable attorney’s fees and litigation costs and expenses; provided, however, that this paragraph shall not apply to claims, demands, damages, liabilities, causes of action or lawsuits that arise solely due to the negligence, recklessness or intentional acts or omissions of the NHCS, its employees or agents. This paragraph shall not be construed to limit or to abrogate any rights of NHCS to indemnify that exist or may in the future exist in the absence of this paragraph.
13. Prior to commencing the services required by this contract, and continuously throughout the term of this contract Contractor shall obtain and maintain professional liability insurance from an insurance company or companies duly licensed in the State of North
Carolina and having a financial rating of at least A– by the rating service AM Best, or comparable rating reasonably satisfactory to NHCS. Contractor shall obtain and maintain
Professional Liability insurance. The insurance required by this paragraph shall be
“occurrence” form if reasonably commercially available. If any coverage provided is
“claims made” form, Contract shall also maintain it for three years after the termination of this contract. Contractor shall provide written proof of the insurance required by this paragraph to NHCS in form satisfactory to NHCS, prior to commencing work under this contract and throughout the term of this contract and for three years thereafter for
“claims made” coverage. NHCS shall be named a certificate holder on all insurance provided pursuant to this paragraph such that NHCS will be notified in writing by the insurance company or companies of any lapse in coverage or cancellation of coverage.
The professional liability coverage required by this paragraph shall have a combined single limit not less than $500,000 and an aggregate limit of not less than $1,000,000.
Contractor shall require all subcontractors and sub-subcontractors to comply with this paragraph to the same extent as Contractor is obligated to comply.
Budget Code: 3.5210.060.311.000 000 = $ 5,000.00
This contract cannot be amended, modified or altered except by agreement, in writing, by duly authorized officials for both parties. In witness whereof the parties acting through their duly authorized officials have executed this contact.
Board Policy #6080 does not allow a contract between an existing employee and NHCS.
The contract must be signed by the Finance Officer prior to signatures of both the budget manager and contractor. This instrument has been pre-audited in the manner required by the
School Budget and Fiscal Control Act.
Mellis, Jennifer Renea 12-13

9090107
This contract shall be construed in accordance with the laws of the state of North Carolina without regard to its or any other state’s Choice of Laws rules.
_______________________________ ______________________________________
Chief Financial Officer, NHCS Signature Date
__________
Print Superintendent/Designee
______________________________________
Signature Date
_________________________________ _______________________________________
Print Contractor’s Name Contractor’s Signature Date
Mellis, Jennifer Renea 12-13