A contract is a legally enforceable agreement between two or more persons or organizations. All contracts must be approved in advance by the PTA membership and signed by two elected officers, one of whom must be the president.
The appropriate officer/chairman must have authorization from the executive board before negotiating a contract. Receive the contract in writing. Understand the terms and conditions of the contract. Have the contract reviewed by legal counsel and/or the California State PTA insurance broker if needed. Ensure that the length of the contract is limited to the current membership year and does not encumber future boards.
All contracts must be approved by the association prior to being signed.
When entering into a contract, the president is responsible for the agreement and should clearly identify that it is the PTA entering into the contract and not the president as an individual. The signatures on a written contract should be formatted as follows: “ABC PTA by Jane Smith, President, 2019-2020.”
Signing a contract obligates the PTA to comply with the terms and conditions of the contract and to pay the stated sum. The fact that the activity is not a financial success or that the PTA has insufficient funds to meet its obligation has no effect on the responsibility assumed.
Do not sign a contract that makes the PTA responsible for injury or damages. See Hold Harmless Agreement
Units should check with their local school district before hiring any independent contractor or teacher for a classroom or school site to ensure that school district policies and procedures are followed. Independent contractors must provide current certificates of insurance, which the PTA must retain in its files. Directors, teachers, or instructors hired as independent contractors must carry their own general liability insurance and Workers’ Compensation Insurance. See PTA as an an employer
