This Agreement is entered into on the date provided in Question 1 below, by and between Bozeman School District #7, hereinafter referred to as the 'District,' whose address is 404 West Main St., Bozeman, MT, and the business or individual named in Question 2 below, hereinafter referred to as the 'Independent Contractor.'
Whereas the District desires to engage the Independent Contractor to perform certain services for the District, pursuant to the terms and conditions set forth in this Agreement.
All programs and services provided by the Independent Contractor shall meet the highest professional standards and be performed to the District's reasonable satisfaction.All services shall be delivered by the Independent Contractor in compliance with federal and state laws. The Independent Contractor shall provide the necessary teaching staff and materials for the class. The Independent Contractor is solely responsible for all aspects of developing, implementing, and delivering the program's goals and objectives.The Independent Contractor agrees to provide written notice to the District in the event of any substantial changes to the program from what is specified in Item I.
The Independent Contractor's status under this agreement is that of an independent contractor, not an agent or employee. The Independent Contractor warrants and represents that it has complied with all applicable federal, state, and local laws regarding business permits and licenses required to perform the work specified in this agreement.
The District shall pay the Independent Contractor for the specified services described in Item I. The District shall not be liable to the Independent Contractor for any other expenses incurred or paid by the Independent Contractor, unless otherwise agreed to in writing by the District. The Independent Contractor shall provide, at its sole expense, all equipment, tools, materials, and/or supplies necessary to perform the services, except as specifically provided in this agreement.
The term of this Agreement shall commence on [start date] and end on [end date] as provided below. Either party may terminate this contract for any reason by giving thirty (30) days' written notice in advance of the intended termination.
If the Independent Contractor chooses to hire assistants or other employees to deliver the services and programs outlined in this agreement, the Independent Contractor shall remain solely responsible for the acts, omissions, and performance of such assistants or employees (references to the Independent Contractor throughout this document shall include the Independent Contractor's employees and assistants). The Independent Contractor is responsible for ensuring that services are delivered in accordance with the quality standards specified in this agreement, regardless of whether those services are provided by the Independent Contractor or by any assistants or employees. Additionally, the Independent Contractor shall be solely responsible for the management, control, and supervision of any assistants or employees. The Independent Contractor agrees to notify the District of any assistants or employees hired to provide services under this agreement.
The level of background check required will depend on whether the Independent Contractor has supervised or unsupervised access to students.Unsupervised Access to Students: The Independent Contractor will be working with students without supervision.For more information, please refer to the following District Policy and Procedure.Please complete the form.
The District will not withhold or pay, on behalf of the Independent Contractor or any of its employees, federal or local income taxes, or any other payroll taxes of any kind. The Independent Contractor is not eligible for, nor entitled to, and shall not participate in any of the District’s health, retirement, or other fringe benefit plans. The Independent Contractor understands that it is responsible for paying its own income tax in accordance with federal and Montana law and further understands that the Independent Contractor is liable for Social Security (FICA) taxes, which must be paid in accordance with applicable laws.
The Independent Contractor agrees to maintain insurance of the types and in the amounts typically maintained by businesses of the same type, including, but not limited to, comprehensive and general liability insurance with a minimum coverage of $1,000,000 per occurrence, all with insurance companies reasonably satisfactory to the District. The Independent Contractor shall also ensure it maintains errors and omissions coverage and malpractice insurance. The Independent Contractor agrees to furnish the District with a Certificate of Insurance, naming the District as an additional insured, as verification of the existence of such coverage.
The District will not provide Workers' Compensation for the Independent Contractor or its employees. However, the District's Workers' Compensation carrier will cover the contractor for a fee if the contractor chooses that option. The Independent Contractor shall provide proof of Workers' Compensation coverage or proof of exemption therefrom, or choose to be covered under the District's plan. Coverage and exemption information can be found at http://dli.mt.gov/.
The Independent Contractor agrees to indemnify and hold harmless the District, its successors, and assigns from any and all losses, damages, injuries, costs, or expenses, including attorney’s fees, arising from or related to the Independent Contractor’s performance and the actions of its agents.
Any notice given in connection with this Agreement shall be provided in writing and delivered either by hand to the other party or by certified mail, return receipt requested, to the other party at the following address:District: Superintendent of Bozeman School District #7404 West Main St.Bozeman, MT 59715Independent Contractor:Address listed above in Contract for Services.
The Independent Contractor has no authority to enter into contracts or agreements on behalf of the District. This agreement does not create a partnership, joint venture, or agency between the parties.
This agreement may not be assigned by the Independent Contractor without the District’s prior written permission;A waiver by either party of a breach does not waive any subsequent breaches;This agreement shall be governed by the laws of the State of Montana;No change, modification, or waiver of this agreement shall be valid unless it is in writing and signed by both parties.This agreement constitutes the entire agreement between the parties and supersedes any prior verbal agreements or understandings between the parties.If applicable, items may not be advertised or sold to students during the instructional day or immediately after school. Items may be displayed for sale to parents only.This form and the accompanying W-9 must be returned to the District before payment will be made to the Independent Contractor.This form and the accompanying W-9 must be returned to the District before payment will be made to Independent Contractor.