UNIVERSITY OF NORTH FLORIDA OTHER PERSONAL SERVICES AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of day of , by and between: CONTRACT NUMBER: Firm or Payee / Permanent Address UNF Department Account Number City, State, Zip Code Contact and Telephone Number 4567 St. Johns bluff Road, South FEID or Social Security Number Jacksonville, Florida 32224-2645 1. Contractor’s Services: The services to be performed by CONTRACTOR or payee are exclusively contained within this Agreement and are described as follows: How do these services benefit the UNIVERSITY? Special conditions and terms: 2. Term: The Contractor shall commence performance of the conditions of this Agreement no earlier than: (Date) or the date this agreement is executed by all parties, whichever is later, and shall complete performance of the Agreement to the satisfaction of the UNIVERSITY no later than (Date). 3. Compensation: a. Total compensation under this Agreement: Multiple Payment Authorization Schedule: $ Checks will be distributed after these dates. b. Amount of this payment $ Date Amount Date Amount [If total compensation exceeds $25,500., in any one (1) fiscal year, attach sole source or bid tabulation documentation] c. This represents: Full Payment Partial Payment (Remaining balance $ ) 4. Nonresident Alien Information: Payments made to nonresident alien independent contractors may be subject to income tax withholding of 30% except when lower treaty withholding rates or treaty exemptions apply. VISA Type VISA No. Country of permanent residence Length of visit in U.S. (days) I-94 Expiration Date If visit is 45 days or longer, has SSN been applied for? Yes No Will exemption from withholding be claimed? Yes No Has Form 8233 been submitted? Yes No If YES, indicate type of exemption(s) claimed: Personal exemption Tax treaty with country of permanent residence Acceptance of Agreement The parties have read and agree to all contract conditions. This contract is not valid until funds are encumbered and all signatures are affixed. If payee is an employee of the State of Florida, a dual compensation form must be attached. (All parties must sign and date prior to the beginning of services and no commitment exist until fully executed by the UNIVERSITY.) I certify that (I am) (I am not) employed by the State of Florida. Department Head/Principal Investigator Date Vice President/Designee Date Contractor/Payee Signature Date Purchasing Director/Vice President of Administration and Finance Date Authorization of Payment I certify that services have been rendered in accordance with the above agreement. (All parties must sign and date after services are completed.) Department Head/Principal Investigator Date Contractor/Payee signature Date Updated 3/99: All previous versions are obsolete 5. GENERAL CONDITIONS: Independent Contractor: It is understood that CONTRACTOR(S) executes this Agreement as an independent contractor and is not an employee of UNF for any purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code. CONTRACTOR(S) shall have exclusive control over the means, methods, and details of fulfilling his/her obligations under this Agreement, except for the time and length of the scheduled performance. CONTRACTOR(S) agrees to perform and discharge all obligations as an independent contractor under any and all laws, whether existing or in the future, in any way pertaining to the CONTRACTOR’s services. Responsibility and Indemnity: CONTRACTOR will indemnify and hold harmless and defend the State of Florida, The Board of Trustees, the UNIVERSITY, and the officers, employees, and agents of each, from and against any and all actions, claims, liabilities, assertions of liability, losses, costs and expenses which directly or indirectly may arise or be alleged to have arisen from the presence, activities or conduct of CONDUCTOR or his/her officers, employees, agents, and subcontractors related to this Agreement. CONTRACTOR’s responsibility to indemnify, hold harmless and defend the UNIVERSITY hereunder shall include any and all losses, injuries and/or damages and wages or overtime compensation due any employees or agents of CONTRACTOR rendering services under this Agreement, and including payment of attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law. Rights To Cancellation: a. CONTRACTOR understands and hereby expressly agrees that UNIVERSITY may unilaterally cancel this Agreement at any time, without penalty and without the requirement of prior notice thereof, in the event UNIVERSITY determines that such cancellation is in its best interest (e.g., lack of registrants, lack of available facility, etc.). b. Neither CONTRACTOR nor UNF shall be responsible for its failure to perform any terms or conditions herein when failure to perform is due to causes beyond their reasonable control including, but not limited to CONTRACTOR’s proven detention by sickness or injury; civil tumult; strikes; lockouts; epidemics; war; embargoes; fire; earthquake; hurricane; windstorm; acts of God, or other condition beyond the reasonable control of UNF affecting the availability or accessibility of the facility. UNF reserves the right to cancel the services or schedule another CONTRACTOR in the event CONTRACTOR is unable to perform as scheduled. c. In the event CONTRACTOR cancels this Agreement or is not ready (or cannot reasonably be expected to be ready) to perform the services contemplated herein at the scheduled performance time due to delay, absence or illness, or for any reason other than those described in (b), above, CONTRACTOR shall be deemed to have materially breached this Agreement and UNIVERSITY may cancel this Agreement and pursue all remedies set forth herein and/or allowable by law. Vendor’s Rights to Payment: Pursuant to Section 215.422(3)(b), Florida Statutes, UNF shall mail CONTRACTOR’s payment within 40 days after receipt of an acceptable invoice and receipt, inspection and acceptance of the goods and/or services provided in accordance with the terms and conditions of this Agreement. Failure to mail the warrant within 40 days shall result in UNF paying interest at a rate of one percent per month on the unpaid balance, beginning with the expiration of such 40 day period. The interest payment shall be mailed within 15 days after mailing the warrant. These provisions apply only to any undisputed amounts for which payment has been authorized. Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Banking and Finance whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924, or by calling the State Comptroller’s Hotline, 1-800-848-3792. Nondiscrimination: The nondiscrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the Implementing rules and regulations prescribed by the Secretary of Labor, Veteran’s Act 38 U.S.C. 4212, Section 503 – Rehabilitation Act of 1973, Title I of the Americans with Disabilities Act of 1990 42 U.S.C. 12101, and the UNIVERSITY’s policy contained in 6C9-4.015, Florida Administrative Code, relative to sexual harassment, are incorporated into this Agreement by reference as if fully set forth herein. Funding Availability: Obligations of UNIVERSITY under this Agreement are subject to the availability of funds lawfully appropriated annually for its purposes by the legislature of the State of Florida. Lobbying: §§ 216.347 and 216.349, Florida Statutes, prohibit the disbursement of funds from grants and aids appropriations pursuant to a contract or grant to any person or organization, for the purpose of lobbying the Legislature or a state agency. Travel Expenses: Where applicable, CONTRACTOR agrees to submit bills for any travel expenses in accordance with §112.061, Florida Statutes. Any expenses in excess of the amount permitted by law shall be borne by CONTRACTOR. Audit: CONTRACTOR shall submit bills for fees or other compensation for services or expenses in detail sufficient for a proper preaudit and postaudit thereof. Public Records: CONTRACTOR shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. Refusal by CONTRACTOR to allow such public access shall be grounds for unilateral cancellation of this Agreement by UNIVERSITY. Choice of Laws: This Agreement is governed by the laws of the State of Florida and any provisions contained in this Agreement in conflict therewith shall be void and of no effect. UNIVERSITY and CONTRACTOR hereby agree that venue shall lie in Jacksonville, Duval County, Florida.
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