PERSONAL SERVICES AGREEMENT BETWEEN THE UNIVERSITY OF WYOMING AND

Transcription

1 PERSONAL SERVICES AGREEMENT BETWEEN THE UNIVERSITY OF WYOMING AND THIS AGREEMENT is made and entered into as of the date of the last signature affixed below by and between the University of Wyoming (UNIVERSITY) and (CONSULTANT) located at. The University of Wyoming, in the exercise of its lawful duties, has determined that the services of are necessary to the performance of its duties as the State of Wyoming's educational institution whereby will provide consultation services to the University for. The University of Wyoming has concluded that either its personnel are not available to perform said function, or it would not be feasible to utilize its personnel to perform said function. is available and is qualified to perform such function. The parties mutually agree as follows: 1. CONSULTANT will perform the services described in the attached Exhibit "A" which is incorporated herein. This performance will be as an independent contractor. 2. CONSULTANT shall report to and keep informed of the progress of his work on a basis. 3. UNIVERSITY agrees to pay CONSULTANT, in the manner or method described, the sum of $ /day not to exceed $ when CONSULTANT submits a properly approved invoice and services are completed. 4. CONSULTANT'S reimbursable expenses as allowed by Wyoming State law shall be determined as specified in Exhibit "A". Request for payment of same shall be processed upon the receipt from CONSULTANT of itemized expense vouchers submitted periodically for payment at the time any fees are due. Authenticated receipts shall be required for all expenditures of two dollars ($2.00) or more. 5. The period within the current fiscal year in which the subject services are to be performed is from / / to / /. 6. UNIVERSITY shall have the right to terminate and cancel this Agreement at any time, upon ten (10) days written notice. 7. CONSULTANT certifies by his signature that he will not attempt in any manner to influence any specifications to be restrictive in any way, or respect, nor will

2 CONSULTANT attempt in any way to influence any purchasing of services or commodities by the UNIVERSITY. 8. CONSULTANT certifies by his signature that he is legally entitled to enter into the subject contract. 9. CONSULTANT agrees to defend, indemnify and hold harmless the UNIVERSITY and its public employees, as defined by W.S as amended, from any and all claims arising from the services performed under this Agreement or related to this Agreement. 10. UNIVERSITY does not waive its sovereign and/or governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement. 11. Any actions or claims against UNIVERSITY under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S et seq. (1977) as amended. 12. UNIVERSITY'S policy is one of equal opportunity for all persons in all facets of UNIVERSITY'S operations. Equal opportunity is offered to all officers, faculty and staff members, and applicants for employment on the basis of their demonstrated ability and competence and without regard to such matters as race, color, religion, sex, national origin, disability, age, veteran status, sexual orientation and political belief. Both parties shall fully adhere to all applicable local, state and federal law regarding equal employment opportunity. 13. This Agreement does not commit UNIVERSITY to the traditional role of employer. UNIVERSITY is not responsible for the payment of withholding taxes, unemployment insurance, worker's compensation insurance, social security, pensions, retirement fees, licenses or other fees. Such costs are the responsibility of the CONSULTANT. 14. The parties hereto agree that (i) the laws of Wyoming shall govern this Agreement, (ii) any questions arising hereunder shall be construed according to such laws, and (iii) this Agreement has been negotiated and executed in the State of Wyoming and is enforceable in the courts of Wyoming. 15. During the performance of this contract, CONSULTANT agrees as follows: a. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, veteran status or handicap. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability, age, veteran status, sexual orientation and political belief. Such action shall include, but not be limited to the following: employment,

3 upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. b. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, age, veteran status, sexual orientation and political belief. c. In case the work to be performed is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, during the performance of this contract, CONSULTANT, in addition, agrees to the following: d. CONSULTANT will comply with all provisions of Executive Order No of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. CONSULTANT will furnish all information and reports required by Executive Order No of September 24, 1965, as amended, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. f. In the event of CONSULTANT'S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and CONSULTANT may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order No of Sept. 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. CONSULTANT will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. CONSULTANT will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a third party becomes involved in, or is threatened with, litigation with a

4 subcontractor or vendor as a result of such direction, the third party may request the United States to enter into such litigation to protect the interests of the United States. THE UNIVERSITY OF WYOMING APPROVED: U. W. Contracting Authority DATE CONSULTANT CONSULTANT DATE SS# or TIN#

5 EXHIBIT A 1. CONSULTANT shall be responsible for performing the following duties: 2. CONSULTANT shall be entitled to reimbursement in accordance with State law for the following expenses incurred as a result of the performance of the above described duties: 3. Funds have been identified for this purpose in account number. ID) (Proj/Budget