Sec. 10-290e. Services agreements. Requirements. Prohibitions.
Sec. 10-290e. Services agreements. Requirements. Prohibitions. (a) Any town
or regional school district that enters into a services agreement with a consultant to
render independent architectural services for a project receiving state assistance pursuant
to this chapter may, where necessary or desired, provide the consultant with instructions,
guidance and directions in connection with the consultant's performance of such services. The consultant shall provide all labor, materials, supplies, tools, equipment and
other facilities and necessary appurtenances or property for or incidental to such services
requested by the town or regional school district to complete the school building project.
As part of the services agreement, the consultant shall agree to perform such services
as an independent contractor and in a good and workmanlike manner, consistent with:
(1) Instructions, guidance and directions provided by the town or regional school district
to the consultant; (2) the terms and conditions of the services agreement; (3) the highest
prevailing applicable professional or industry standards; (4) sound architectural practices; and (5) any applicable laws, rules, regulations, ordinances, codes, orders and permits of all federal, state and local governmental bodies, agencies, authorities and courts
having jurisdiction. Such services agreement shall not limit the liability of the consultant
for errors and omissions related to the performance of the services.
(b) The consultant shall not use, publish, distribute, sell or divulge any information
obtained from any town or regional school district through a services agreement for the
consultant's own purposes or for the benefit of any person, firm, corporation or other
entity without the prior, written consent of the town or regional school district that
contracted for the services. Any reports or other work product prepared by the consultant
while performing services under the services agreement shall be owned solely and exclusively by the town or regional school district that contracted for such services and the
Department of Education and cannot be used by the consultant for any purpose beyond
the scope of the services agreement without the prior written consent of the town or
regional school district. Any information designated by the town or regional school
district in accordance with applicable law as confidential shall not be disclosed to any
third parties without the prior written consent of the town or regional school district that
contracted for such services.
(c) For the purposes of subsections (a) and (b) of this section, "services agreement"
means a written agreement between a consultant and a town or regional school district for
the provision of independent architectural services for the purpose of a school building
project for which the town or district is receiving state assistance pursuant to this chapter.
(d) Any town or regional school district that fails to adhere to the provisions of this
section for a project for which the town or district receives state assistance pursuant to
this chapter shall be assessed a ten per cent reduction in the amount of its grant approved
pursuant to this chapter upon completion of an audit pursuant to section 10-287.
(P.A. 06-158, S. 10.)
History: P.A. 06-158 effective July 1, 2006.