CONTRACT
BETWEEN
_______________ COUNTY SCHOOLS
ADDRESS OF LEA
AND
NAME OF COMPANY/INDIVIDUAL
SOCIAL SECURITY # OR FEDERAL ID #
ADDRESS
PHONE #
This contract will begin on [DATE] and ends on [DATE] , between [NAME OF LEA] and [NAME
OF CONTRACTOR], to provide professional occupational therapy services.
Both parties mutually agree to the following:
1. This contract is, between [NAME OF LEA], hereinafter referred to as [LEA INITIALS], and
[NAME OF CONTRACTOR], 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
[NAME OF LEA] School Board Policy and Procedures.
3. SERVICES:
a. Not to exceed ___ hours of PRN occupational therapy services.
4. COMPENSATION:
The maximum allowed charges against this contract shall be:
a. For services rendered in paragraph 3a., $____ per hour not to exceed a total of
b. Total services shall not exceed $____
5. BILLING:
$____.
a. In accordance with [NAME OF LEA] fiscal procedures, a purchase order will be issued
and the Contractor shall submit monthly invoices to [NAME OF LEA], Accounts Payable,
[ADDRESS OF LEA] referencing the purchase order.
6. TERM: [DATE] through [DATE]. [NAME OF LEA] is under no obligation beyond the ending
date of this contract. This contract can be terminated earlier by either the Superintendent
of the [NAME OF LEA] or the [NAME OF LEA] 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 [NAME OF LEA]. 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 [NAME OF LEA] 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 [NAME OF LEA] 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 [NAME OF LEA] Policy and Procedures.
Student specific information shall be the property of the [NAME OF LEA]. 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 [NAME OF LEA]. 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 [NAME
OF LEA] 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 [NAME OF LEA], its Board Members,
employees and agents, of and from any and all claims, demands, damages, liabilities,
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 [NAME OF LEA], its employees or agents. This paragraph shall not be
construed to limit or to abrogate any rights of [NAME OF LEA] 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 [NAME OF LEA]. 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 [NAME OF LEA] in form satisfactory to [NAME OF LEA], prior to commencing
work under this contract and throughout the term of this contract and for three years
thereafter for “claims made” coverage. [NAME OF LEA] shall be named a certificate holder
on all insurance provided pursuant to this paragraph such that [NAME OF LEA] 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 = $ _______
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 [NAME OF
LEA].
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.
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.
_______________________________
Director of Finance
______________________________________
Signature
Date
__________
Print Superintendent/Designee
______________________________________
Signature
Date
_________________________________
Name of Contractor
_______________________________________
Contractor’s Signature
Date