SAMPLE CONTRACR
____________________
Service Agreement No._________________
This Service Agreement is made effective as of August 25, 2011 by and between
academic year 2011-2012.
In this Service Agreement, the party that is contracting to receive services shall be referred to as , and
the party that will be providing the services shall be referred to as _____.
For the purpose of this Service Agreement, _____ refers to the institution, its staff, students,
representatives or agents, and specifically the Speech-Language Pathology Services of the Department
of Communication Sciences and Disorders.
For and in consideration of the mutual promises set forth in this Service Agreement, the parties do
mutually agree as follows:
1.
2.
3.
4.
Obligations of _____: _____ hereby agrees to provide speech and language services for school
age students as follows:
1.1
To provide direct speech and language 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 speech and language 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 speech and language services.
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 provide documentation of professional liability insurance coverage.
Obligations of ___. ___ hereby agrees to pay and not exceed $11,760.00
Budget Account Code: 2-5240 032 311 000 610
Term of Service. The services described in this Service Agreement will be provided during the
following period: August 25, 2011 through June 14, 2012.
Project Coordinator. , Executive Director of Exceptional Children Services,
___ / _____ Page 1 of 4
is designated as the Project Coordinator for the ___. The project Coordinator shall be the ___
representative in connection with _____’s performance under this Service Agreement.
5.
Termination for Convenience. Either party may terminate this Agreement at any time without
penalty provided that written notice of such termination is furnished to the other party at least 30
days prior to termination. If termination occurs in accordance with this Section, _____ 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 Service Agreement.
6.
Termination for Default. Either party may terminate this Agreement immediately and without prior
notice upon breach of this Service Agreement by either party.
7.
Terms and Method of Payment. _____ will submit an invoice for services provided on a monthly
basis. Invoices should be sent to the Project Coordinator for review and approval. Invoices must
include an invoice number, the Purchase Order number and dates of service. Payment is to be made
within 30 calendar days of the receipt of payment request. ___ will not pay for services or materials
in advance without the prior approval of the Finance Officer. Final Invoice is due no later than
June 18th, 2012.
8.
Service Agreement Funding. It is understood by and agreed between the parties that ___’s payment
obligation under this Agreement is contingent upon the availability of appropriated funds from
which payment for this Service Agreement purposes can be made.
9.
Professional Liability. _____ certifies that it currently has and agrees to maintain during its
performance under this Service Agreement, professional liability insurance which shall protect
_____ from claims which arise from operations or activities performed under this Agreement.
10. Service Agreement Transfer. _____ shall not assign, subcontract, or otherwise transfer any interest
in this Agreement without the prior written approval of ___.
11. Modifications. This Agreement may be amended only by written amendments duly executed by
authorized representatives of ___ and _____. Minor modifications, however, may be made by ___
Project Coordinator to take advantage of unforeseen opportunities that: (a) do not change the intent
of the Agreement or the scope of _____’s performance, and (b) do not increase _____’s total
compensation or method of payment. All such minor modifications to the Agreement must be
recorded in writing and signed by both the Project Coordinator and _____ and placed on file with
this Service Agreement. No price adjustments will be made unless the procedure has been included
in the Service Agreement and a maximum allowable amount stipulated.
12. Relationship of Parties. _____ is an independent contractor and not an employee of ___.
13. Monitoring and Evaluation. _____ shall cooperate with ___, or with any other person or agency as
directed by ___, in monitoring, inspecting, auditing, or investigating activities related to this Service
Agreement. _____ shall permit ___ to evaluate all activities conducted under this Service
Agreement as dictated by ___.
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14. Confidentiality of Student Information. If, during the course of _____’s performance of this Service
Agreement, _____ should obtain any information pertaining to the students’ official records, _____
agrees that this Service Agreement 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. Situs. North Carolina law will govern the interpretation and construction of this Service Agreement.
16. Notices. All notices required or permitted under this Service Agreement shall be in writing and shall
be deemed delivered when delivered in person, via electronic mail (email), or deposited in the
United States mail, postage prepaid, addressed as follows:
___:
Exec. Director
Exceptional Children Services
____________________
_____:
17. Severability. If any provision of this Service Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds
that any provisions of this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
18. Entire Agreement. This Service Agreement constitutes and expresses the entire agreement and
understanding between the parties concerning the subject matter of this Service Agreement.
___ / _____ Page 3 of 4
Entitiy Name
EIN xxxxxxxxxxxxx
Date
____________________ Project Coordinator:
Executive Director
Exceptional Children Services
____________________
Date
____________________
Signature
Date
This instrument has been preaudited
in the manner required by the School
Budget and Fiscal Control Act
Signature, Chief Financial Officer
Date
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