THE STATE OF TEXAS:
COUNTY OF EL PASO:
EL PASO COUNTY COMMUNITY COLLEGE DISTRICT:
EPCC Contract No: ________________
(Not Valid Without a Contract Number)
Account No: _____-_____-_____
SERVICES AGREEMENT
(Performed by an individual)
Agreement made this
day of
, 20
, between the El Paso County
Community College District, a political subdivision of the State of Texas, 9050 Viscount Dr., El Paso, TX
79925 hereinafter referred to as the “District” and (Name and complete address)
hereinafter referred to as “Contractor.”
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
Recitals
It is the desire of the District to engage the services of the Contractor to perform the following services for the
District (the Work):
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Services Agreement Revised January 2016
1
It is the desire of the Contractor to consult with the District and the President and administrative staff of the
District to undertake the previously stated services at the direction of the District.
AGREEMENT
Term
1.01
The respective duties and obligations of the parties hereto shall commence on
, 20
, and shall be undertaken and completed in such
sequence as to assure the expeditious completion and rendition of services required by the Agreement,
not to exceed ________ calendar days from the date of commencement of this Agreement (hereinafter
referred to as “Final Completion Date”).
1.02
If the performance of Contractor is prevented or delayed as a direct result of riot, insurrection, fire,
act of God, or operation of law, an extension of one working day in the time for the completion of
the work to be done hereunder will be allowed to Contractor for each working day lost due to such
cause provided Contractor gives written notice to the District or its designated representative within
three (3) calendar days after the beginning of such delay and the reason or reasons therefore.
1.03
Without prejudice to other rights and remedies available to the District by law or under this
Agreement, the District shall have the following specific rights:
(a) If for any reason, other than the reasons heretofore stated, Contractor fails to complete the contract
on or before the Final Completion Date, Contractor agrees that for each day the Agreement shall
remain incomplete thereafter, the District may deduct the sum of
Dollars ($
)
from the price hereinafter specified.
(b) The parties understand and agree that actual damages caused by Contractor’s failure to complete
this Agreement on time are impractical or extremely difficult to fix and that the per diem deduction
from the Agreement price shall be retained by the District as payment by Contractor as liquidated
damages and not as penalty for such failure.
Compensation and Expenses
2.01
The fee to be paid by the District to Contractor for its services rendered hereunder, shall not exceed
Dollars ($
PUR003
).
Services Agreement Revised January 2016
2
2.02
The District agrees to reimburse Contractor for the following expenses, provided that all appropriate
receipts are included in order for payment to be processed, with no exceptions. State type of
expenses, i.e., airfare, hotel, auto rental, etc., per diem/meals shall not exceed $30.00 per day. The
payment of alcohol will not be reimbursed. No expenses will be reimbursed beyond what is shown
herein.
(If no reimbursements are to be included in this Agreement, state “None”).
TYPE OF EXPENSE
AMOUNT
Total Expenses
2.03
Total to be paid by the District to Contractor for services rendered AND reimbursable expenses:
Dollars
($
). (Add fee from 2.01 and total expenses from 2.02)
2.04
Payment terms: (Please check one)
Lump sum 30 calendar days after successful completion of the Work and the
submission by requesting department of a completed Authorization for Payment of
Services form to Accounts Payable.
Other. Please be as specific as possible. The pre-payment of goods and/or services is
not allowed.
2.05
Contractor agrees that at no time will it make a claim against the District pursuant to this Agreement for
more than
Dollars
($
).
2.06
In order for payment to be processed, an itemized statement along with required original receipts
shall accompany each authorization for payment form.
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Scope of Services
3.01
Contractor shall diligently perform the Work for the District under the terms and conditions
hereinafter stated, and Contractor hereby accepts and agrees to perform such services.
Independent Contractor Relationship
4.01
Nothing contained herein shall be construed as creating the relationship of employer and employee
between the parties and Contractor shall be deemed at all times to be an independent Contractor.
Indemnification
5.01
The District shall not be subject to any obligations or liabilities of Contractor incurred in the
performance of this Agreement. Contractor expressly agrees to defend, indemnify and hold harmless
the District for any and all liabilities and obligations incurred in connection with this Agreement arising
from any act, omission or the negligence of Contractor, its employees, officers, agents, subcontractors
or agencies.
Law Governing Contract
6.01
This Agreement shall be construed under and in accordance with the law of the State of Texas, and all
obligations of the parties created hereunder are performable in El Paso County, Texas.
Ownership of Documents
7.01
All documents prepared or obtained under the terms of this Agreement shall be delivered to and become
the property of the District. Copies of notes, charts, computations, and other data prepared for and
under this Agreement shall be made available to the District upon request, without restriction of liability
on their use and without other compensation to Contractor.
Successors and Assigns
8.01
This Agreement shall be binding on the District and the Contractor, and their successors and assigns.
Neither the District nor Contractor shall assign, sublet, or transfer any interest in this Agreement without
the prior written consent of the other.
Termination
9.01
This Agreement may be terminated in whole or in part by the District upon three (3) days written notice,
mailed return-receipt requested, to the last known address of the Contractor.
(a)
If this Agreement is so terminated, Contractor shall not be entitled to any further compensation
other than that paid to the date of termination.
(b)
Contractor shall not be relieved of any liability to the District for damages sustained by the
District by virtue of any breach of this Agreement by Contractor, and the District may withhold
any payments to Contractor for the purpose set-off until such time as the exact amount of
damages to the District from Contractor is determined.
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EPCC Contract No:
This Agreement constitutes and expresses the entire Agreement of the parties hereto in reference to the Work
provided by Contractor to the District, and in reference to any of the matters of things herein provided for, or
hereinbefore discussed or mentioned in reference to the hiring of such services, all promises, representations,
and understandings relative thereto being merged.
EXECUTED at El Paso, Texas on the day and year first above mentioned:
By:
By:
Budget Head Signature
Date
Budget Head Printed Name
Buyer Signature
(REQUIRED)
Date
Buyer Printed Name
By:
Contractor:
Cabinet Officer Signature
Date
Signature
Date
Cabinet Officer Printed Name
Printed Name
Individual’s Social Security Number
*THIS CONTRACT IS NOT VALID UNTIL A CONTRACT NUMBER HAS BEEN ASSIGNED BY
THE PURCHASING & CONTRACT MANAGEMENT DEPARTMENT
**El Paso Community College employees and/or students may NOT be vendors of goods or services to the
College, in compliance with Purchasing Procedure 4.10.04.14.
***SUBMIT SERVICE AGREEMENTS TO THE PURCHASING & CONTRACT MANAGEMENT
DEPARTMENT FOR APPROVAL BEFORE IMPLEMENTATION***
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