Agreement Between Madison Metropolitan School District and _
For the Purchase of Services
_
This Agreement is made and entered into by and between the Madison Metropolitan School District, 545 West Dayton Street, Madison, WI 53703 (hereinafter
referred to as ”District”) and _
_ (hereinafter referred to as “Provider”), engaged by the District to _
_.
WHEREAS, the District wishes to purchase those services as described above, and
WHEREAS, the Provider is able and willing to provide such services,
NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is
acknowledged by each party for itself, the District and the Provider agree as follows:
1.
Term
The term of this Agreement shall be from about _
_to about _
_
2.
Competency, Timing and Cooperation
The Provider agrees to provide the services described herein in a professional and competent manner, and shall commence, carry on and complete its
obligation under this Agreement with all deliberate speed and in an economical and efficient manner in accordance with the Agreement and all
applicable law.
3.
Compensation
The District shall pay the Provider $
for the services indicated above [plus reasonable expenses not to exceed $
]. Total shall not
exceed $
. The District shall pay the Provider upon receipt of a billing statement from the Provider. (Remit invoice to: MMSD, Accounting, 545
West Dayton St., Madison, WI 53703. Please include PO#)
4.
Indemnity
The Provider shall at all times during the term of this Agreement indemnify, hold harmless and defend the District, its Board, officers, employees, and
representatives against any and all liability, loss, damages, costs or expenses which the District, its Board, officers, employees, and representatives
may sustain/incur or be required to pay by reason of the Provider’s acts or omissions pertaining to this service agreement; and Provider shall maintain
adequate insurance to provide such protections for the District. This provision shall not apply to damages caused by or resulting from the acts or
omissions of the District, to the extent protection is afforded by Wis Stats sec. 893.80 and 895.46. Obligations under this paragraph shall survive the
expiration or termination of this Agreement.
5.
Confidentiality
The Provider agrees to protect and maintain the confidentiality of pupil records or any other confidential matter that the District maintains, as required
by state and federal law.
6.
Termination
Either party may terminate the agreement for cause upon 20 days written notice to the other party.
7.
Independent Contractor
Provider agrees that it is an independent contractor and not an employee of the District for purposes of the services rendered herein, and that this
agreement does not establish any direct contractual relationship between District and agents/employees of Provider. Provider further represents that if
he/she is currently employed by the District for some other purpose, the services provided herein are not contemplated by the terms of his/her
individual contract or collective bargaining agreement, and that the services provided herein are not services from which current employees are
prohibited by Board Policy. Provider understands that if she/he is already employed by the District IRS rules may require him/her to be paid through
the payroll process with applicable taxes deducted therefrom.
8.
Non-Discrimination
Parties agree not to discriminate on bases prohibited by federal, state, or local laws, ordinances or regulations, including but not limited to applicable
Titles of the Civil Rights Act of 1964, and Section 504 of the Rehabilitation Act of 1973, as amended.
9.
Certification - Debarment
By signing below, the Provider certifies that s/he is not debarred or excluded, or contemplated for debarment or exclusion, from doing business with
the Federal Government, and shall notify District immediately if such status changes during the term of this agreement.
10. Entirety of Agreement/Controlling Law
The terms of this agreement shall be binding upon and inure to the benefit of the contracting parties only, and no other person shall be obligated by or
benefit from the agreement. The entire agreement of the parties is contained herein and supersedes any and all oral agreements and negotiations
between the parties relating to the subject matter hereof. Wisconsin law shall control in the construction and enforcement of this agreement.
11. Authority
By signing below, the person hereby represents that if the party is an entity other than an individual natural person, he/she has the authority to sign
this Agreement and bind the Provider to adhere to its terms.
PROVIDER
MADISON METROPOLITAN SCHOOL
DISTRICT BOARD OF EDUCATION
by _____________________________ ____________
Date
by________________________________________________
____________________________________________
Michael G. Barry, Secretary
Date
(Print name & title of person signing for Provider)
Email
Contract Originator
Account Number
Budget Approval
CHECK ONE: _____W9 provided _____W9 already on file with District