Common use of Description of Professional Services Clause in Contracts

Description of Professional Services. 2.1 Catapult shall provide nursing services to the Board for all eligible children enrolled in nonpublic schools in the District. Such services shall be rendered pursuant to and in accordance with Chapter 226 of the Laws of 1991, and all rules and regulations promulgated thereunder by the State of New Jersey (“State”) Board of Education and the Commissioner of Education. 2.2 The specifications for the nursing services to be provided by Catapult pursuant to this agreement are set forth in Exhibit A attached hereto and made a part hereof (the “Services”). 2.3 Catapult shall, upon request, provide the Board with such reports, regarding the Services covered by this Agreement, which may reasonably be required to assure itself that Catapult is delivering Services in accordance with the law and the terms of this Agreement. 2.4 Staff who provide Services in the Program (hereinafter referred to as “Program Staff”) shall at all times remain Catapult employees or independent contractors, subject to Catapult’s ultimate control and authority, including on issues of personnel conduct, discipline and termination. 2.5 The District understands and agrees that ▇▇▇▇▇▇▇▇ has a substantial interest and role in overseeing and maintaining the quality of the Program. In that regard, the District will consult with Catapult and reasonably consider Catapult’s input and recommendations on the selection of students for participation in the Program. The District will adhere to all District responsibilities set forth herein in order to assist Catapult in ensuring the quality of Services delivered hereunder, which is material to the satisfactory performance of the Agreement. 2.6 During the Term of this Agreement and for a period of twelve (12) months thereafter (the “Non-Solicitation Period”), the District agrees not to, either directly or indirectly through a third party, hire, attempt to hire, nor solicit for employment any Catapult employee or independent contractor, unless such solicitation is agreed upon in advance and in writing by Catapult. In the event the District solicits a Catapult employee or independent contractor for hire pursuant to written permission from Catapult during the Term of this Agreement and for twelve (12) months, thereafter, and the Catapult employee or independent contractor accepts a position with the District, the District agrees to pay Catapult (a) for a Catapult employee, a commission of thirty percent (30%) of the employee’s base salary at the time the employee accepts employment, or (b) for a Catapult independent contractor, a fee of Ten Thousand and 00/100 ($10,000.00) dollars at the time the independent contractor accepts employment (the “Commission”). The Commission is non-refundable even if the employee or independent contractor does not remain employed with the District for any length of time and no matter the reason the employee or independent contractor separates from the District. Notwithstanding the foregoing, the District may not, directly or indirectly, hire any Catapult employees or independent contractors for the benefit of a third-party vendor, in an effort to circumvent any agreements that Catapult has or may have with such employees or independent contractors.

Description of Professional Services. 2.1 Upon the terms and conditions set forth herein, Catapult shall provide nursing supplemental math instructional services utilizing Title I funds (hereinafter referred to as the Board for all eligible children enrolled in nonpublic schools in “Program”) at Harrisburg Catholic Elementary School (the District“School”). Such services Services shall be rendered pursuant to provided during the Term of this Agreement, by Catapult staff utilizing Catapult’s proprietary programs, systems, teaching techniques, diagnostic tests, diagnostic and in accordance with Chapter 226 academic courses and materials. The description of the Laws of 1991, and all rules and regulations promulgated thereunder by the State of New Jersey (“State”) Board of Education and the Commissioner of Education. 2.2 The specifications for the nursing services Services to be provided by Catapult pursuant to this agreement are set forth at the School is listed in Exhibit A attached hereto and made a part hereof Attachment A: Service Allocation (the “Services”). 2.3 Catapult shall, upon request, provide the Board with such reports, regarding the Services covered by this Agreement, which may reasonably be required to assure itself that Catapult is delivering Services in accordance with the law and the terms of this Agreement. 2.4 2.2 Staff who provide Services in the Program (hereinafter referred to as “Program Staff”) shall at all times remain Catapult employees or independent contractors, subject to Catapult’s ultimate control and authority, including on issues of personnel conduct, discipline and termination. 2.5 2.3 The District understands and agrees that ▇▇▇▇▇▇▇▇ Catapult has a substantial interest and role in overseeing and maintaining the quality of the Program. In that regard, the District will consult with Catapult and reasonably consider Catapult’s input and recommendations on the selection of students for participation in the Program. The District will adhere to all District responsibilities set forth herein in order to assist Catapult in ensuring the quality of Services delivered hereunder, which is material to the satisfactory performance of the Agreement. 2.6 2.4 During the Term of this Agreement and for a period of twelve (12) months thereafter (the “Non-Solicitation solicitation Period”), the District agrees not to, either directly or indirectly through a third party, hire, attempt to hire, nor solicit for employment any Catapult employee or independent contractor, unless such solicitation is agreed upon in advance and in writing by Catapult. In the event the District solicits a Catapult employee or independent contractor for hire pursuant to written permission from Catapult during the Term of this Agreement and for twelve (12) months, thereafter, and the Catapult employee or independent contractor accepts a position with the District, the District agrees to pay Catapult Catapult (a) for a Catapult employee, a commission of thirty percent (30%) of the employee’s base salary at the time the employee accepts employment, or (b) for a Catapult independent contractor, a fee of Ten Thousand and 00/100 ($10,000.00) dollars at the time the independent contractor accepts employment (the “Commission”). The Commission is non-refundable even if the employee or independent contractor does not remain employed with the District for any length of time and no matter the reason the employee or independent contractor separates from the District. Notwithstanding the foregoing, the District may not, directly or indirectly, hire any Catapult employees or independent contractors for the benefit of a third-party vendor, in an effort to circumvent any agreements that Catapult has or may have with such employees or independent contractors.

Description of Professional Services. 2.1 Upon the terms and conditions set forth herein, Catapult shall provide nursing special education and related services to students identified with disabilities between the Board for all eligible children enrolled in nonpublic schools in the District. Such services shall be rendered pursuant to and in accordance with Chapter 226 ages of the Laws of 1991, and all rules and regulations promulgated thereunder by the State of New Jersey (“State”) Board of Education and the Commissioner of Education. 2.2 The specifications for the nursing services to be provided by Catapult pursuant to this agreement are set forth in Exhibit A attached hereto and made a part hereof 3-21 years old (the “Services”) at ▇▇▇▇▇▇ ▇▇▇▇▇▇ (each a “School” and collectively, the “Schools”). 2.3 Catapult shall, upon request, provide . Services shall be provided during the Board with such reports, regarding the Services covered by Term of this Agreement, which by Catapult staff utilizing Catapult’s proprietary programs, systems, teaching techniques, diagnostic tests, diagnostic and academic courses and materials. When necessary, Catapult may reasonably deliver the Program, in whole or in part, via distance learning to the extent practicable, without any additional consent or authorization, using programs, systems, teaching techniques, diagnostic tests, evaluation, academic courses and materials adapted for distance learning at the fees, rates and payment schedules as set forth in this Agreement. In circumstances of government mandated actions impacting school operations, Catapult shall make reasonable good faith effort to provide continuous education via distance learning. The description of the Services to be required to assure itself provided at the School is listed in Schedule A attached hereto and incorporated by reference herein. Catapult will ensure that Catapult is delivering Services in accordance all policies, procedures and administrative practices associated with the law and delivery of these Services are consistent with the terms of this Agreement.Individuals with Disabilities Act 2.4 2.2 Staff who provide Services in the Program (hereinafter referred to as “Program Staff”) shall at all times remain Catapult employees or independent contractors, subject to Catapult’s ultimate control and authority, including on issues of personnel conduct, discipline and termination. 2.5 The 2.3 Board will provide: • Copy of funding allocation for nonpublic basic and preschool • List of all schools with eligible students • List of approved services on which funds may be expended • List of current providers of OT, PT and other related services • Meeting with non-public school representatives to begin planning process with Catapult • Guidance when necessary to best address the needs of students and District understands and agrees that ▇▇▇▇▇▇▇▇ has a substantial interest and role Catapult will provide: • Assistance to principals in overseeing and maintaining developing plan for their students • Assistance in the quality development of the Program. In that regarddistrict IDEIA application • Personnel as needed to address the needs identified in Individual Service Plans (“ISP”) • Communication with parents, principals district liaison • Reports to the District will consult with Catapult and reasonably consider Catapult’s input and recommendations on the selection of students programs as required • Supervision for participation in all personnel assigned to the Program. The District will adhere to all District responsibilities set forth herein in order to assist Catapult in ensuring the quality of Services delivered hereunder, which is material to the satisfactory performance of the Agreement. 2.6 2.4 During the Term of this Agreement and for a period of twelve (12) months thereafter (the “Non-Solicitation Period”), the District agrees not to, either directly or indirectly through a third party, hire, attempt to hire, nor solicit for employment any Catapult employee or independent contractor, unless such solicitation is agreed upon in advance and in writing by Catapult. In the event the District solicits a Catapult employee or independent contractor for hire pursuant to written permission from Catapult during the Term of this Agreement and for twelve (12) months, thereafter, and the Catapult employee or independent contractor accepts a position with the District, the District agrees to pay Catapult Catapult (a) for a Catapult employee, a commission of thirty percent (30%) of the employee’s base salary at the time the employee accepts employment, or (b) for a Catapult independent contractor, a fee of Ten Thousand and 00/100 ($10,000.00) dollars at the time the independent contractor accepts employment (the “Commission”). The Commission is non-refundable even if the employee or independent contractor does not remain employed with the District for any length of time and no matter the reason the employee or independent contractor separates from the District. Notwithstanding the foregoing, the District may not, directly or indirectly, hire any Catapult employees or independent contractors for the benefit of a third-party vendor, in an effort to circumvent any agreements that Catapult has or may have with such employees or independent contractors.