2016-2017 PROVIDER CONTRACT
This AGREEMENT made this day of (month) in the year between School of Charlotte-Mecklenburg, N.C. (hereinafter called the “School”) and Education Provider, (hereinafter called the “Provider”) and Arts & Science Council (hereinafter called “ASC”). The following is mutually agreed upon by the School, the Provider, and ASC.
a. The Provider is an Independent Contractor and is not to be considered an employee of ASC.
b. The Provider will conduct a (residency, workshop, day trip, assembly/performance, after school experience, and/or professional development for teachers as defined by the School and the Provider, hereinafter called the “Program”) titled (program title) at the School on (day(s)) of (month), (year) at (time(s)). The (location) will be made available for this Program and (total number of) students of grade(s) plus (total number of) adults will be participating. All changes made in this schedule after the date of this agreement MUST be approved by the Provider, the School, and ASC before the Program.
If the Program is a residency or a workshop, the following are the teachers involved and their subject taught:
(teacher) (subject taught)
(teacher) (subject taught)
(teacher) (subject taught)
(teacher) (subject taught)
c. Amount due the Provider from ASC School Grant Funds: = $
School’s contribution amount: (ASC will invoice School for this amount) = $
Total Paid to Provider from ASC (total fee): = $
**Total in 3rd line should be the sum of the first 2 lines.
The School’s contribution to ASC, which is due upon execution of this Agreement and receipt of an invoice from ASC, is the amount over the ASC Education School Grants Program money allotted to the School; the balance will be paid by a grant awarded to the School by ASC. A check for the total amount due the Provider will be issued to the Provider by ASC after completion of the Program and necessary paperwork.
d. The Provider will adhere to School regulations pertaining to use of School equipment, facilities, and supplies for program functions approved by the School. The Provider will obtain permission from the School Principal prior to requesting secretarial assistance from any school employee for services relating to the Program.
e. At least two weeks before his/her Program, the Provider is to send to the Arts & Science Cultural Arts Representative (hereinafter called “ASCAR”) one copy of his/her educational materials. The ASCAR is the Principal-designated point person with whom all ASC grant-funded Providers and ASC Staff members will communicate.
f. The Provider will utilize the services of the ASCAR to make recommendations on Program location, to maintain contact with any other teachers, and to clarify questions concerning School policies and procedures.
g. The Provider will check with the ASCAR one week before the Program to confirm the schedule and to obtain specific instructions on the Program site, materials, etc.
h. The Provider will provide his/her own transportation and make arrangements for his/her own accommodations as necessary. The Provider will assume any and all travel and accommodation expenses.
i. The Provider will incur no expenses against the School without approval from the School Principal. The Provider will assume all expenses incurred without School approval.
j. A School employee will be in the classroom or other space where students are located at all times that the Provider(s) is present.
k. Where the Provider has failed to conduct a Program because of personal illness, transportation difficulties or any other reason resulting in any way from any act, omission, or negligence on the part of the Provider, not including “Acts of God,” the Provider will conduct the Program at a later date in the school year in which the Program was originally scheduled (the “Current School Year”) mutually agreed upon by the Provider, the School, and ASC and at the originally agreed upon fee.
In the case of bad weather, fire, power failure, or other “Acts of God” which may prevent the continuation or completion of the proposed Program, the Provider will be fully compensated for Program services at the originally agreed upon fee, provided the Provider, the School, and ASC agree on alternate date(s) in the Current School Year for the Provider to complete the Program and the Program is completed on such date(s).
Where the Provider cannot reasonably conduct or complete the Program because of acts, omissions, or negligence on the part of the School (including, without limitation, where the School initiates or is responsible for the cancellation of the original date of the Program), the Provider will reschedule the Program at a time in the Current School Year mutually agreed upon by the Provider, the School, and ASC. The Provider will be fully compensated for Program services at the originally agreed upon fee, provided the Program is completed on such date(s). If the Program cannot be rescheduled in the Current School Year due to the School’s unwillingness to provide or agree to an alternate date, as determined by ASC, the School shall pay the Provider the mutually agreed upon $ (cancellation fee amount) cancellation fees.
If an agreement cannot be reached for alternate dates, ASC, in its sole discretion, has the option of compensating the Provider only for those completed activities (as reported by the School) of the Program.
l. The Provider, as an individual contracting independently, will not hold ASC or the School responsible for any Federal withholding taxes, Social Security taxes or benefits, unemployment insurance coverage, worker’s compensation insurance, disability insurance, liability insurance, or any other insurance benefits. As an Independent Contractor, the Provider is responsible for protecting himself/herself and agrees to assume the responsibility entirely. The Provider further agrees to indemnify and hold ASC and its employees harmless against all claims, losses, expenses (including reasonable attorney’s fees), and injuries to persons or property resulting in any way from any act, omission, or negligence on the part of the Provider in the Program of or failure to present the Provider’s Program.
m. The following Credit Statement must be included in all public announcements, news releases, promotional literature, programs, posters, flyers, et cetera:
This program is supported by funding from ASC.
n. The Provider will submit to ASC a written evaluation of the School on the forms provided by ASC within ten (10) days of the completed Program.
o. The School (through the ASCAR) will submit to ASC an evaluation of the Provider(s) via Survey Monkey within ten (10) days of the completed Program(s). June 9, 2017 is the last day to submit.
p. ASC, to the extent allowed by state law, agrees to hold the Provider harmless during the term of this Agreement from all claims, loss, or damage of any kind of nature whatsoever which may be sustained by reason of any act or omission on the part of ASC and/or its employees.
q. This agreement shall constitute the entire agreement between Provider, the School, and ASC for the services, activities, and functions addressed in this Agreement and may only be amended by a separate writing mutually agreed to by all parties.
r. The laws of the State of North Carolina govern this agreement. The venue for initiation of any such action shall be Mecklenburg County, North Carolina.
THIS AGREEMENT, consisting of three (3) pages, shall be effective as of September 1, 2016.
I have read and understand the provisions of this contract.
AGREED TO AND ACCEPTED BY PARTIES NAMED BELOW:
Provider Contact Info:
Type Name of Provider
/ Type Street AddressCity / State / Zip / Phone Number
School Contact Info:
Type Name of Principal Type Name of Arts & Science Cultural Arts Representative
Type Name of School
/ Type Street AddressCity / State / Zip / Phone Number
ASC Staff:
Barbara Ann Temple, Ph.D.
ASC – Vice President, Education