District name SCHOOLS
CONTRACT FOR CONSULTANTS
PHYSICAL THERAPY SERVICES
This Contract for Consultants (the “Contract”) is made and entered into this 22nd
day of August, 2011, between the __________ Schools, located in city/state (the “district
name”) and Agency Name, agency address(the “Consultant”).
For and in consideration of the mutual promises set forth in this Contract, the
parties do mutually agree as follows:
1. Obligations of Consultant. The Consultant hereby agrees to provide physical
therapy services for school age students as follows:
1.1
To provide direct physical therapy services, based on the individual student’s
evaluation results and the planned intervention goals on the individual
education plan (IEP).
1.2
To provide consultative physical therapy services, based on the individual
student’s evaluation results and the planned intervention goals on the IEP.
1.3
To complete observations, screenings and evaluations of referred students and
written reports as required by established procedures.
1.4
To develop IEPs for students for the 2011-2012 school year, based on
students’ identified needs for physical therapy.
1.5
To attend all parent conferences, team meetings, Individual Education Plan
conferences, and other student related meetings as needed to explain
evaluation results, therapy services, and to develop IEPs.
1.6
To sign in/out at each site upon arrival and departure.
1.7
To maintain documentation of services provided and outcome using the Easy
IEP data management system.
1.8
To provide documentation of professional liability insurance coverage.
2. Obligations of district name. The district name hereby agrees:
a.
To pay and not to exceed
$ 69,312.00
Budget Account Number:
2-5842-032-311-000-610
b.
I.
Consultant’s Fee Not to Exceed
II.
Travel Not to Exceed
III.
Lodging/Food Not to Exceed
IV.
Other
V.
Total Not to Exceed
To provide the following services (if any): None
$
$
0.00
$
$
$ 69,312.00
District name/ agency name Page 1 of 6
3. Dates. The services described in the Contract will be provided on the following
date(s): August 22, 2011 through June 11, 2012.
4. Project Coordinator:
______________, Exec. Director of Exceptional Children
Services, is designated as the “Project Coordinator” for the district. The Project
Coordinator shall be the district’s representative in connection with the Consultant’s
performance under this Contract.
5. Termination for Convenience. The district name may terminate this Contract at any
time at its complete discretion by 30 days’ notice in writing from the district name to
the Consultant. In addition, all finished or unfinished documents and other materials
produced by the Consultant pursuant to this Contract shall, at the request of the
district name, be turned over to it and become its property. If the Contract is
terminated by the district name in accordance with this Section 5, the Consultant will
be paid in an amount which bears the same ratio to the total compensation as does
the service actually performed to the total service set forth in this Contract.
6. Termination for Default. The district name may terminate this Contract immediately
and without prior notice upon breach of this Contract by the Consultant.
7. Terms and Methods of Payment. The Consultant will submit an invoice for
services within 10 days of the close of the month in which services were provided.
Invoices should be sent to the Project Coordinator for review and approval. Invoices
must have an invoice number, Purchase Order number and dates of service.
Payment is to be made within thirty (30) calendar days of the receipt of payment
request. Final invoice must be received by June 13, 2012. The district name will
not pay for services or materials in advance without the prior approval of the Finance
Officer.
8. Contract Funding. It is understood by and agreed between the Consultant and the
district name that the District’s payment obligation under this Contract is contingent
upon the availability of appropriated funds from which payment for Contract purposes
can be made.
9. Indemnity and Insurance Requirements. The Consultant shall indemnify and hold
harmless the district name, its officers, agents, employees and assigns from and
against all claims, losses, costs, damages, expenses, attorneys’ fees and liability that
any of them may sustain:
a. arising out of the Consultant’s failure to comply with any applicable law,
ordinance, regulation, or industry standard;
b. arising directly or indirectly out of the Consultant’s performance or lack of
performance of this Contract; or
c. arising out of liens that are asserted relating to the Consultant’s performance of
lack of performance of this Contract.
District name/ agency name Page 2 of 6
The Consultant certifies that it currently has and agrees to maintain during its
performance under this Contract the following insurance from one or more insurance
companies acceptable to the district name and authorized to do business in the State
of North Carolina (Note: Check one or more boxes as appropriate.):
_____ Automobile. If the Consultant will be driving a vehicle on the district’s name
property for purposes of providing the services described in Section 1 of this
Contract, the Consultant shall maintain bodily injury and property damage liability
insurance covering all owned, non-owned and hired automobiles.
_____ Commercial General Liability. The consultant shall maintain commercial
general liability insurance that shall protect the Consultant from claims of bodily injury
or property damage which arise from performance under this Contract. This
insurance shall include coverage for contractual liability.
_____ Worker’s Compensation and Employer’ Liability Insurance. If the Consultant
is a firm or private corporation that has at least three (3) employees in the State of
North Carolina, the Consultant shall meet the statutory requirements of the State of
North Carolina for worker’s compensation coverage and employers’ liability
insurance.
__X___ Professional Liability. If the Consultant is a professional, the Consultant
shall maintain professional liability insurance which shall protect the Consultant from
claims which arise from operations or activities performed under this Contract.
_____ Insurance requirements have been waived.
Certificates of such insurance shall be furnished by the Consultant to the district’s
name and shall contain the provision that the district’s name be given 30 days’
written notice of any intent to cancel or terminate by either the Consultant or the
insuring company. Failure to furnish insurance certificates or to maintain such
insurance shall be a default under this Contract and shall be grounds for immediate
termination of this Contract.
10. Contract Transfer. The Consultant shall not assign, subcontract, or otherwise
transfer any interest in this Contract without the prior written approval of the district’s
name.
11. Contract Modifications. This Contract may be amended only by written amendments
duly executed by and between the district name and the Consultant. However, minor
modifications may be made by the DISTRICT NAME project Coordinator to take
advantage of unforeseen opportunities that: (a) do not change the intent of the
Contract or the scope of the Consultant’s performance; and (b) do not increase the
Consultant’s total compensation or method of payment. All such minor modifications
to the Contract must be recorded in writing and signed by both the Project
Coordinator and the Consultant, and placed on file with this Contract. No price
adjustments will be made unless the procedure has been included in the Contract
and a maximum allowable amount stipulated.
12. Relationship of Parties. The Consultant is an independent Consultant and not an
employee of the DISTRICT NAME; provided, however, that in the event that the
District name/ agency name Page 3 of 6
Consultant is also an employee of the DISTRICT NAME, the Consultant’s
performance under this Contract is as an independent Consultant and not as an
employee of the DISTRICT NAME.
13. Monitoring and Evaluation. The Consultant shall cooperate with the DISTRICT
NAME, or with any other person or agency as directed by the DISTRICT NAME, in
monitoring, inspecting, auditing, or investigating activities related to this Contract.
The Consultant shall permit the DISTRICT NAME to evaluate all activities conducted
under this Contract as dictated by the DISTRICT NAME.
14. Confidentiality of Student Information. If, during the course of the Consultant’s
performance of this Contract, the Consultant should obtain any information pertaining
to the students’ official records, the Consultant agrees that this Contract shall not be
construed by either party to constitute a waiver of or to in any manner diminish the
provisions for confidentiality of students’ official records.
15. Mediation. If a dispute arises out of or relates to this Contract, or the breach of this
Contract, and if the dispute cannot be settled through negotiations, the parties agree
first to try in good faith to settle the dispute by mediation administered by the
American Arbitration Association under its Commercial mediation Rules or as
otherwise mutually agreed by the parties before resorting to litigation.
16. Contract Situs. All matters, whether sounding in contract or tort relating to the
validity, construction, interpretation and enforcement of this Contract, will be
determined in Guilford County, North Carolina. North Carolina law will govern the
interpretation and construction of this Contract.
17. Invalid Provision. Should any part of this Contract be declared invalid by a court of
law or otherwise, such decision/determination shall not affect the validity of any
remaining portion which shall remain in full force and effect as if the invalid portion
was never a part of this Contract when it was executed. Should the severance of
any part of this Contract materially affect any other rights or obligations of the parties
hereunder, the parties hereto will negotiate in good faith to amend this Contract in a
manner satisfactory to the parties. Failing agreement on such amendment, either
party may, by notice in writing, terminate this Contract forthwith, subject to the
provisions of this Contract relating to termination.
18. Entire Agreement. This Contract constitutes and expresses the entire agreement
and understanding between the parties concerning the subject matter of this
Contract. This document, the purchase order, if any, used in connection herewith
and any other document incorporated in this Contract by reference supersede all
prior and contemporaneous discussions, promises, representations, agreements and
understandings relative to the subject matter of this Contract.
Under North Carolina law, all employers of personnel who have direct
interaction with students as part of their job must conduct an annual check of
such employees on the NC Sex Offender and Public Protection Registration
Program, the NC Sexually Violent Predator Registration Program and the
National Sex Offender Registry. As a term of this contract, said annual checks
must be performed by the employer and reported to the Superintendent. The
District name/ agency name Page 4 of 6
Board of Education prohibits any personnel listed on such Registries from
having direct interaction with students.
IN WITNESS WHEREOF, the DISTRICT NAME and the Consultant have
executed this Contract on the day and year first written above.
Gamba Enterprises
1. Consultant/Corporation Name:
By: ________________________________
Signature
Its:
President, Physical Therapist
Title/Position
2. DISTRICT NAME Project Coordinator
_____________________
Date
203902522
Consultant’s Federal ID #
3. Guilford County Schools
____________________________
Signature
____________________________
Signature
Date: _______________________
Date: _______________________
4. This instrument has been preaudited
in the manner required by the School
Budget and Fiscal Control Act
______________________________
Signature, Chief Financial Officer
Date: _________________________
District name/ agency name Page 5 of 6
District name/ agency name Page 6 of 6