School District of Volusia County, Florida

Contracted Services Agreement

THIS AGREEMENT dated the(INSERT DAY)day of (INSERT MONTH/YEAR) between the School Board of Volusia County, Florida (BOARD), (if this is for a school-based agreement, insert “On Behalf of” and the School’s Name, otherwise, delete this) and (INSERT NAME)(CONTRACTOR) includes the following mutually agreeable terms between the parties:

  1. SCOPE OF SERVICES:(INSERT DETAILED SCOPE OF SERVICES and DESIRED OUTCOME)
  2. LOCATION OF SERVICES: Performance of services cited above will be conducted at (INSERT ADDRESS)
  3. TERM: The term of this Agreement shall begin on (INSERT START DATE mm/dd/yyyy) and shall terminate on (INSERT END DATE mm/dd/yyyy). However, the Superintendent of Schools may terminate this Agreement with or without cause after providing written notice to the CONTRACTOR of the intended termination at least thirty (30) calendar days prior to the date of the intended termination. The CONTRACTOR shall notify the BOARD, in writing, at least sixty (60) calendar days prior to voluntarily severing or terminating this Agreement. In the event the Superintendent terminates the services of the CONTRACTOR for convenience, CONTRACTOR’S recovery against the BOARD shall be limited to that portion of the compensation earned through the date of termination and the CONTRACTOR shall not be entitled to any other or further recovery against the BOARD, including but not limited to, damages or any anticipated profit on portions of the work not performed.
  4. DUTIES: The CONTRACTOR shall report to and coordinate activities with an administrator designated by the Superintendent of Schools herein referred to as (ADMINISTRATOR). The ADMINISTRATOR assigned to act in all matters pertaining to this agreement and to authorize services, accept and approve all reports, drafts, products or invoices is (INSERT NAME & TITLE).
  5. COMPENSATION & PAYMENT: Based on the completion of services described above, the CONTRACTOR shall receive compensation at a rate of $(INSERT AMOUNT)per (INSERT DAY, HOUR, ETC.) up to a maximum of $ (INSERT TOTAL AMOUNT) for the term of this agreement as compensation for all work and services performed and authorized by the ADMINISTRATOR. Any and all expenses, such as travel to, from and within Volusia County, lodging, sustenance, materials, supplies and necessary equipment are considered to be covered by the rate unless agreed upon in advance. An IRS W-9 form must be completed and attached to this agreement. Payments to individuals must reflect a Social Security number. Payments to companies must reflect a taxpayer identification number. The CONTRACTOR shall be required to submit an invoice to the ADMINISTATOR upon completion of services. Payment will be made within thirty days from receipt of an invoice and completion of services.
  6. TRAVEL: Travel (INSERT IS OR IS NOT) allowable for this agreement. Estimated travel expense is not to exceed $ (INSERT TOTAL AMOUNT) for the term of the agreement. The CONTRACTOR agrees to submit all necessary documentation and proof of expenses in accordance with §112.061, Florida Statutes and School Board Policy 717. The CONTRACTOR further agrees that reimbursement for travel must be submitted on travel reimbursement forms with the rates determined by §112.061, Florida Statutes and School Board Policy 717.
  7. INDEPENDENT CONTRACTOR: It is agreed and understood that the CONTRACTOR is an independent contractor and that the BOARD shall exercise no supervisory authority or control over the CONTRACTOR or CONTRACTOR’S employees in the performance of this agreement. Neither the CONTRACTOR nor the CONTRACTOR’S employees shall be deemed to be agents or employees of the BOARD and any representation to the contrary by the CONTRACTOR or its employees shall constitute a violation of this agreement and shall be grounds for immediate termination.
  8. INJURIES: The CONTRACTOR acknowledges the CONTRACTOR’s responsibility to obtain appropriate insurance coverage for the benefit of the CONSULTANT and his/her employees. The CONTRACTOR waives any rights for recovery from or for any injuries that may be sustained while performing services under this agreement.
  9. CONFLICT OF INTEREST: The CONTRACTOR shall not employ, contract with, or otherwise utilize the services of any officer or employee of the School District of Volusia County. The CONTRACTOR certifies that its owner, officers, directors or agents or members of their immediate family do not have an employee relationship or other material interest with the School District of Volusia County.
  10. NON-DISCRIMINATION: CONTRACTOR represents and warrants to the BOARD that CONTRACTOR does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with CONSULANT’S performance under this agreement on account of race, color, sex, religion, age, handicap, marital status or national original. CONTRACTOR further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin be excluded from participation in, be denied services, or be subject to discrimination under any provision of this agreement.
  11. HOLD HARMLESS/INDEMNIFICATION: Subject only to the limitations of §768.28, Florida Statutes, the BOARD agrees to indemnify and hold harmless CONTRACTOR from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent acts of the BOARD arising out of or in connection with the provisions of this agreement. The BOARD does not waive sovereign immunity except as provided by §768.28, Florida Statutes. CONTRACTOR agrees to indemnify, hold harmless, and defend the BOARD from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent acts of CONTRACTOR arising out of or in connection with the provisions of this agreement. If CONTRACTOR is a state agency or subdivision as defined in §768.28, Florida Statutes, nothing herein shall be constructed to extend CONTRATOR’S liability beyond that provided in §768.28, Florida Statutes.
  12. PROOF OF INSURANCE: CONTRACTOR must provide proof of Liability Insurance with the appropriate coverage prior to commencement of service. The School Board of Volusia County Schools, 200 N. Clara Ave, DeLand, FL, 32720 will be designated as the CERTIFICATE HOLDER.
  13. ASSIGNMENT: The CONTRACTOR’S obligations under this agreement may not be assigned or transferred to any other person, firm or corporation without the prior written consent of the ADMINISTRATOR.
  14. INTELLECTUAL PROPERTY: Intellectual Property shall be defined as copyrightable works, ideas, discoveries, inventions, and application for patents and patents. Any improvements to Intellectual Property held by the CONTRACTOR, further inventions or improvements, and any new items of Intellectual Property discovered or developed under the terms of this agreement shall be property of the BOARD. The CONTRACTOR shall sign all documents necessary to protect the rights of the BOARD in such Intellectual Property, including the filing and/or prosecution of any applications for copyrights or patents. The CONTRACTOR shall be responsible for ensuring that it/his/her activities comply with all copyright and patent law, and that the appropriate approval and/or licensure(s) are obtained where required by law.
  15. GOVERNING LAW & VENUE: This agreement shall be construed in accordance with the laws of the State of Florida. Any dispute with respect to this agreement is subject to the laws of Florida, venue in Volusia County, Florida. Each party shall be responsible for its own attorneys’ fees and costs incurred as a result of any action or proceeding under this agreement.
  16. CONFIDENTIALITY OF STUDENT RECORDS: CONTRACTOR understands and agrees that it is subject to all federal and state laws and the School Board rules relating to the confidentiality of student information. CONTRACTOR further agrees to comply with the Family Educational Rights and Privacy Act (“FERPA”) 34 C.F.R. 99. CONTRACTOR shall regard all student information as confidential and will not disclose the student information to any third party.
  17. FLORIDA’S PUBLIC RECORDS LAWS: This contract shall be subject to Florida’s Public Records Laws, §119 Florida Statutes. CONTRACTOR understands the broad nature of these laws and agrees to comply with Florida’s public records and laws relating to records retention.
  18. CHILD NEGLECT: The CONTRACTOR and its employees shall be subject to the requirements of §39.201 Florida Statutes that requires the reporting of child abuse or child neglect to the State of Florida, Department of Children and Families via the Florida Abuse Hotline.
  19. BACKGROUND CHECK: Pursuant to §1012.465 Florida Statutes, if services provided under this agreement requires CONTRACTOR to be on a school campus while students are present, or if CONTRACTOR will have direct contact and access to students, the CONTRACTOR must submit to a background check prior to commencement of service. All background investigations shall be conducted through the Professional Standards Department of the School District of Volusia County and all costs shall be charged to the CONTRACTOR.
  20. NO THIRD PARTY BENEFICIARIES: The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract.
  21. SEVERABILITY: If any clause or provision of this agreement is illegal, invalid or unenforceable under present or future laws effective during this term hereof, then the remainder of this agreement shall not be affected thereby; and in lieu of each clause or provision of this agreement which is illegal, invalid or unenforceable, there shall be added, as part of this agreement, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and as may legal, valid and enforceable.
  22. SURVIVORSHIP: Those provisions which by their nature are intended to survive the expiration, cancellation or termination of this agreement, including, by way of example only, the indemnification and Confidentiality provisions, shall survive the expiration, cancellation or termination of this agreement.
  23. PUBLIC RECORDS COMPLIANCE. In addition to other contract requirements provided by law, the Contractor must comply with Florida public records laws, including but not limited to chapter 119, Florida Statutes and section 24 of article I of the Constitution of Florida, and specifically agrees to:

a)Keep and maintain public records required by the school district to perform the services;

b)Upon request from the school district’s custodian of public records, provide the schools district’s with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law;

c)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the school district; and

d)Upon completion of the contract, transfer, at no cost, to the school district all public records in possession of the contractor or keep and maintain public records required by the school district to perform the service. If the contractor transfers all public records to the school district upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the school district, upon request from the school district’s custodian of public records, in a format that is compatible with the information technology systems of the school district.

Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this agreement and the School District of Volusia County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

CUSTODIAN OF PUBLIC RECORDS

(386) 734-7190 ext. 20119

200 N. Clara Ave., DeLand, FL 32720

  1. ENTIRE AGREEMENT: This agreement represents the entire agreement between the parties, may only be amended by a written agreement signed by both parties, and supersedes all prior or contemporaneous oral or written agreements and understandings with respect to the matters covered by this agreement.

IN WITNESS WHEREOF, the parties hereto, by the undersigned authorized to bind said parties do herein agree to the terms and conditions herein and attached hereto.

THE SCHOOL BOARD OF VOLUSIA COUNTY,

FLORIDA (INSERT NAME OF CONTRACTOR)

SignatureDateSignatureDate

Printed Name & TitleDatePrinted Name & TitleDate

SignatureDateSignatureDate

Printed Name & TitleDatePrinted Name & TitleDate

Attachments: (LIST ATTACHMENTS OR NONE)

Source of funds:

Internal Accounts County Budget

Method of payment:

Purchasing card Requisition # ______(county budget) PO# ______(internal accts)

For reference only – Delete for final contract:

Required Authorized Signatures:

  • Less than $10,000: Contractor ANDPrincipal, Director, Department Head or Area Superintendent
  • $10,000 to $19,999: Contractor AND Principal, Executive Director, or Director AND Area Superintendent or Division Head.
  • $20,000 or More: Refer to Purchasing or Legal Counsel. Superintendent’s Signature.

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