*AGREEMENT BETWEEN
MIDDLE TENNESSEE STATE UNIVERSITY AND (CONTRACTOR)
This Agreement is made this _____ day of ____________________, 20___, by and between Middle Tennessee State University, hereinafter referred to as
"Institution", and ____________________, hereinafter referred to as "Contractor".
In consideration of the mutual promises herein contained, the parties have agreed and do hereby enter into this Agreement according to the provisions set
out herein:
1.
Contractor agrees to perform the following services:
____________________________________________
______________________________________________
2.
Institution agrees to compensate Contractor as follows:
a. Rate of compensation:__________________________
3.
b.
Timetable for payments:_________________________
c.
Contractor shall _____ shall not _____ be compensated
or reimbursed for travel expenses. If applicable,
payment to Contractor for travel, meals or lodging shall
be in the amount of actual cost or per diem, subject to
maximum amounts and limitations specified in the
Tennessee Board of Regents policies, as they may be
from time to time amended.
d.
The final payment shall be made only after Contractor
has completely performed its duties under this
Agreement.
e.
In no event shall the liability of Institution under this
Agreement exceed $________________
Contractor warrants that no part of the total contract amount
provided herein shall be paid directly or indirectly to any officer
or employee of the state of Tennessee as gifts, wages, or
compensation in exchange for acting as officer, agent,
employee, sub-contractor, or consultant to Contractor in
connection with any work contemplated or performed relative to
this Agreement.
If Contractor is an individual, Contractor warrants that within the
past six months he/she has not been and during the term of this
Agreement will not become an employee of the state of
Tennessee.
4.
The parties shall maintain documentation for all charges and
services under this Agreement. All books, records and
documents, insofar as they relate to work performed or money
received under this Agreement, shall be maintained for a period
of three (3) years from the date of final payment, and shall be
subject to audit, upon notice, by Institution or the Comptroller of
the Treasury or their duly appointed representatives.
5.
This Agreement may be terminated by either party by giving
written notice to the other, at least ___ days before the effective
date of termination. In that event, Contractor shall be entitled to
receive just and equitable compensation for any satisfactory,
authorized work completed as of the termination date. This
Agreement may be terminated without the above described
notice if performance is prevented by an act of war, order of a
legal authority, act of God, or other unavoidable causes not
attributed to the fault or negligence of either party. Institution
may also terminate this Agreement if it becomes aware of any
threat to personal or public safety arising at the intended time of
performance.
6.
Contractor, being an independent contractor and not an
employee of Institution, agrees to carry adequate liability and
other appropriate forms of insurance, to pay all taxes incident
hereto, and otherwise protect and hold Institution harmless from
any and all liability not specifically provided for in this
Agreement.
7. Institution is committed to providing accessible information,
materials and technologies to assure that individuals with
disabilities have access to Institution resources comparable to
access that is available to others.
8. The parties also agree to comply with applicable state and
federal law, including but not limited to, any applicable nondiscrimination or affirmative action requirements. This
Agreement shall be governed by and construed in accordance
with the laws of the state of Tennessee. Any and all claims
against Institution or its employees based upon this Agreement
shall be heard and determined by the Tennessee Claims
Commission in the manner prescribed by law.
9. The term of this Agreement shall be from:
_____________________ to ___________________.
10. If Contractor fails to fulfill in a timely and proper manner its
obligations under this Agreement, or if Contractor shall violate
any of the terms of this Agreement, Institution shall have the
right to immediately terminate this Agreement and withhold
payments in excess of fair compensation for work completed.
11. PCI DSS Compliance. If Contractor will accept credit or debit
cards in its performance under this Contract, Contractor agrees
that it will at all times during the performance of this Contract
comply with current Payment Card Industry Data Security
Standards (PCI-DSS standards).
12. Illegal Immigrants. By acceptance of this Agreement,
Contractor is attesting that it will not knowingly utilize the
services of illegal immigrants and will not knowingly utilize the
services of any subcontractor that does so in performance of
this Agreement. If Contractor is discovered to have breached
this attestation, Contractor shall be prohibited from supplying
goods and/or services to any TBR institution or other state entity
for a period of one (1) year from date of discovery of the breach.
Contractor may appeal the one (1) year by utilizing the
established appeals process.
13. If Contractor makes sales to customers in Tennessee of taxable
goods and/or services, Contractor shall be registered with the
Tennessee Department of Revenue for the collection of TN
sales and use tax and must provide a copy of its certificate of
registration to Institution. If Contractor does not make sales to
customers in Tennessee of taxable goods or services and
marks Not Applicable below, its authorized signature on this
Agreement shall serve as certification of compliance with this
requirement.
Mark as appropriate below:
Certificate provided ________ OR
Not applicable_______
In witness whereof, the parties have by their duly authorized representatives set their signatures.
Middle Tennessee State University
(Contractor)
BY: __________________________________ Date: _____________
Alan R. Thomas, Interim Vice President, Business & Finance
BY: ________________________________ Date: _____________
*This short-form agreement is approved solely for use by Governor’s School for the Arts, MTSU’s Band of Blue, and/or MTSU Theatre and Dance.