SAMPLE CONSULTANT CONTRACT. AGREEMENT BETWEEN THE SAN DIEGO UNIFIED SCHOOL DISTRICT AND (name of consultant)

Transcription

1 SAMPLE CONSULTANT CONTRACT AGREEMENT BETWEEN THE SAN DIEGO UNIFIED SCHOOL DISTRICT AND (name of consultant) This Agreement is entered into by and between the San Diego Unified School District, 4100 Normal Street, San Diego, California 92103, hereinafter referred to as District, and (name of consultant and address), hereinafter referred to as Consultant. RECITALS WHEREAS, (Set forth a statement of the services to be provided by the consultant, and of the reasons why this consultant s services are required by the District. Use as many paragraphs in the recitals as necessary to provide the reader with a clear background for this transaction.) WHEREAS, the District does not have sufficient staff available to provide such required services; and WHEREAS, California Government Code section grants the District the authority to contract with and employ persons for the furnishing to the District of special services if such persons are specially trained, experienced, and competent to perform the special services requested; and WHEREAS, consultant is specially trained and possesses the necessary skills, experience, education and competency, and licenses or credentials to perform the required services. NOW, THEREFORE, District and Consultant agree as follows: I TERM The term of this Agreement shall commence on (specify date) and shall end on (specify date). II RESPONSIBILITIES OF CONSULTANT Consultant shall perform the following services: A. (Set forth all specifications of the work to be performed. Identify each service which must be performed and each report or other document which must be prepared by

2 the Consultant. Include all standards, timelines, locations, and other requirements for the performance of the service or preparation of documents. It is critical that all work to be performed by the Consultant be clearly described.) B. (Use as many paragraphs as necessary to provide a complete description of the work to be performed by the Consultant.) III RESPONSIBILITIES OF DISTRICT District shall perform the following services: A. District shall make known and available to Consultant all District policies and procedures applicable to this contract. B. (List all additional duties required to be performed by the District, other than terms relating to compensation.) IV COMPENSATION A. District shall pay Consultant for services provided under this Agreement as follows: (Specify the method and manner in which the Consultant s compensation will be determined. There are various methods by which compensation can be established. For example, it may be: (1) a specified amount per task; (2) a specified rate per period of service [by the hour, day, week, etc.]; or (3) a specified total amount for all services.) B. (Specify the conditions for making payments to the Consultant. These conditions include the timing and amount of each payment.) C. No payment shall be made unless and until the District verifies that all services for which payment is requested have been fully and satisfactorily performed. Consultant shall submit to District any documentation necessary to substantiate the full and satisfactory performance of the services for which payment is requested. The District administrator who will verify the services have been performed and approve the invoice is: (specify name of District person who will receive, review and approve invoices from Consultant). D. Approved payments shall be made within thirty (30) days following receipt by District of invoicing from Consultant. Payments shall be made from Budget No. (specify the budget number). V AMENDMENT This Agreement may be amended only with the mutual consent of the parties. All amendments must be in writing and must be approved by the District s governing board.

3 VI TERMINATION This Agreement may be terminated upon (thirty (30) days... or such other period of time as may be preferred) written notice by either party to this Agreement. Such termination shall not be deemed to be a breach of this Agreement, nor shall it be deemed to be tortious conduct. VII INDEPENDENT CONTRACTOR Consultant is, for all purposes arising under this Agreement, an independent contractor. No officer, agent or employee of Consultant or District shall be deemed an officer, agent or employee of the other party. Neither Consultant nor District, nor any officer, agent or employee thereof, shall be entitled to any benefits to which employees of the other party are entitled, including, but not limited to, overtime, retirement benefits, workers compensation benefits, injury leave, or other leave benefits. VIII ASSIGNMENT Neither Consultant nor District may assign or transfer any interest in this Agreement without the prior written consent of the other party. IX INDEMNIFICATION To the fullest extent allowable by law, Consultant will defend, indemnify and hold harmless the District, its Board of Education members, officers, agents, employees and directors (hereinafter Indemnified Parties ) from and against any claim, demand, loss or liability (hereinafter Claim ) or any nature or cause whatsoever, and whether actual or alleged, arising from or in any way connected with the performance of this Agreement, including, but not limited to any Claim for personal injury, death, property damage, loss of profits, infringement upon intellectual property rights, failure to comply with all of the requirements contained in Education Code, section and/or disclosure of confidential information which might be obtained by Consultant during performance of this Agreement; except where such Claim is caused by the sole negligence or willful misconduct of the Indemnified Parties. X OWNERSHIP A. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and another materials produced by Consultant under this Agreement shall be the sole and exclusive property of District. No such materials produced, either in

4 whole or in part, under this Agreement shall be subject to private use, copyright or patent right by Consultant in the United States or in any other country without the express written consent of District. B. District shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent any such materials produced by Consultant under this Agreement. XI NOTICES Any notice permitted or required under this Agreement shall be in writing and signed by the party giving or serving the same, and shall be served either by personal delivery or certified mail to the following persons and at the following addresses: Consultant: (name, title, address and telephone number of the contact person for Consultant) District: (name, title, address and telephone number of the contact person for District) XII CONTRACT DOCUMENTS This Agreement includes the terms and conditions set forth in this document, and set forth in the following additional documents: (specify additional documents. If none, state None ) XIII DIVERSITY PROGRAMS Consultant agrees to comply with any applicable District employment or contracting diversity programs, policies or procedures. IX INSURANCE Specify here the types of insurance required of Consultant (i.e. general liability, professional liability, auto, workers comp) and the limits of coverage required. Also specify here if District is to be named as additional insured under any of the required policies. This Agreement is signed below by the duly authorized representatives of the parties. (Consultant s Name) San Diego Unified School District

5 By: (signature) By: (signature) Title: Date: (typed or printed name) (name of Executive Manager) (typed or printed name) Title: (title of Executive Manager) Date: