"Short Form" Standard Services Agreement

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INSTRUCTIONS FOR USE OF STANDARD SERVICES AGREEMENT [SHORT-FORM]

A Short-Form Standard Services agreement has been developed for use where the contractual obligations are relatively simple and all of the elements of the full agreement are not needed. There are specific conditions that must be met before this more simple form can be used. Please read and follow the instructions carefully if requesting to use this form.

This Standard Services Agreement [Short-Form] (“ Short-Form Agreement

”) is to be used when the

University is obtaining services from a third party vendor and all the conditions set forth below are satisfied. If the conditions set forth below are not satisfied, then the University’s Standard Services

Agreement [Long-Form] is required unless a waiver is obtained as described below. The Standard

Services Agreement [Long-Form] can be found on the “Forms, Policies, & Procedures” webpage on the

University website. Capitalized terms used but not defined herein are as set forth in the Short-form

Agreement.

Please note that it is still necessary to ensure that the Human Resources Department’s Independent

Contractor Questionnaire has been completed and submitted to Human Resources prior to execution of this form. This is needed to ensure that Contractor is an independent contractor and so that Contractor can be entered into Banner and payments to Contractor processed.

Conditions for Use of the Short-Form Agreement : (please check if satisfied)

 All services will be performed by Contractor within a twelve month period.

 Total amount to be paid by University under the Short-Form Agreement (including all expenses and out of pocket costs) shall not exceed $50,000.

 University may terminate the Short-form Agreement with Contractor upon five (5) days notice.

 Services to be provided by Contractor or goods purchased under the Short-form Agreement shall NOT include software development, construction services, licensing of intellectual property, purchase or sale or real property or employee services.

Contractor meets the insurance requirements set forth in Exhibit B to the Short-Form

Agreement, unless the contract is for a one-time speaking engagement, in which case the insurance requirements are automatically waived. [See below for explanation of use of

Separate Non-University Speaker Scope of Work]

Contractor shall not have access to University confidential or proprietary information or any student or patient information.

All work product resulting from the Services shall be owned by the University upon termination of the Short-form Agreement except if the Non-University Speaker Scope of

Work is being used. [See below for explanation of use of Separate Non-University Speaker

Scope of Work]

Use of the Short-Form Agreement has been approved by the Dean of an Academic Unit or the Provost or Vice President of an Administrative Unit.

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If all of the above conditions are not satisfied and the University employee still wants to utilize the Short-

Form Agreement, the employee must submit completed versions of this form, the Short-Form Agreement

(including Scope of Work) and the Request for Waiver to the relevant Dean, Provost or Vice President.

The Request for Waiver must be made at least fourteen (14) calendar days prior to the intended effective date of the agreement.

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Separate Non-University Speaker Scope of Work

If the Short-Form Agreement is to be used to bring to the University an outside speaker for a University sponsored class or event, the Exhibit A (Scope of Work) that is attached to the Short-Form Agreement should be replaced with the Exhibit A (Speaker Scope of Work) which can also be found on the “Forms,

Policies, & Procedures” webpage on the University website.

Also note that for the Speaker Scope of Work only , Section 2 of the Short-Form Agreement (Ownership of Work Product) may be amended so that ownership of any material presented or handed out by the speaker would not be transferred to the University. This amendment is accomplished by checking the box in the last paragraph of the Speaker Scope of Work. This election should only be made if it is the intention of both the University and the speaker NOT to transfer ownership of this material to the

University.

When using the Non-University Speaker Scope of Work, be sure to delete Exhibit B (Insurance

Provisions) from the Agreement.

Insurance Provisions

It is University policy that all Contractors (except Non-University Speakers as described above) maintain the insurance policies and coverage amounts as required under Section 7 and as set forth in Exhibit B to the Short-Form Agreement. There may be circumstances when it would be appropriate for the University to waive these insurance requirements such as if a Contractor is an individual and it would be an unreasonable burden on the individual to carry these types of insurance policies.

If the University employee believes that the insurance requirement set forth in Section 7 should not apply to Contractor, the employee must submit completed version of this form, the Short-Form Agreement

(including Scope of Work) and the Request for Waiver to the relevant Dean, Provost or Vice President.

The Request for Waiver must be submitted for approval at least fourteen (14) calendar days prior to the intended effective date of the Short-form Agreement.

Please note that if a waiver of the insurance provision is requested, Section 7 of the Short-Form

Agreement should be replaced in its entirety with the following:

“7. [Reserved]”

Also, Exhibit B should be deleted in its entirety.

Instructions for Completing Short-Form Agreement

An executed copy of the Short-Form Agreement together with a completed copy of this form and any applicable Request for Waiver must be retained by the University employee executing the Short-Form

Agreement.

If a waiver to the Conditions of Use has been obtained, a copy of the executed Short-Form Agreement, a completed copy of this form and the executed Request for Waiver must be provided to the relevant Dean,

Provost or Vice President.

If a waiver to the Insurance Provisions has been obtained, a copy of the executed Short-Form Agreement, a completed copy of this form and the executed Request for Waiver must be provided to the Office of

Risk Management, as well as to the relevant Dean, Provost or Vice President.

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In signing below, the University of the Pacific employee certifies that all the above conditions have been satisfied (or proper waiver has been obtained) prior to entering into the Short-Form Standard Services

Agreement with Contractor.

___________________________________

Signature of University Employee

__________________________________

Print Name and Title

__________________

Date

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REQUEST FOR WAIVER

Waiver of Conditions for Use of the Short-Form Agreement

The following is the conditions or conditions that are not expected to be satisfied in the providing of the

Services by Contractor under the Short-Form Agreement to which this Request for Waiver is attached and a brief explanation as to why the use of the Short-Form Agreement is still warranted.

___________________________________

Signature of Approving Officer

__________________________________

Print Name and Title

__________________

Date

Waiver of Insurance Provisions

The following is a brief explanation as to why the insurance provisions set forth in Section 7 of the

Short-Form Agreement are not necessary for the Short-Form Agreement to which this Waiver is attached.

___________________________________

Signature of Approving Officer

__________________________________

Print Name and Title

__________________

Date

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