IMPORTANT – This cover page must accompany all Agreements for Low Risk Services. If preparing Agreements for more than one Performer, only one cover page is necessary. Please list all their names on this cover page.
Agreement for Low Risk Services
COVER PAGE
(Use the TAB key to skip from field to field)
This form is intended to be used for short-term or event-specific services rendered to Alamo Colleges that present a very low liability risk. For example:
· Performers
· Speakers
· Orchestras, bands & music ensembles
· Artists creating informal or non-permanent works, e.g., caricaturists, AIR BRUSH tattooists, face painters & custom flipbook artists,
· DJs
· Photographers & videographers
· Program reviewers
· Facilitators
· Grant Writing Consultants
· Educational Consultants where total fee does not exceed $15,000
· Trainers where total fee does not exceed $15,000
This form should not be used if the provision of services will involve the use of motor vehicles, performances that will involve the active participation of audience members in physical activities, artists commissioned to create large-scope or permanent works or any services for which the fee exceeds $20,000. Such services should be contracted using the Simple Services Agreement or Services Agreement containing insurance requirements.
If any grant-sourced funds are used to compensate services hereunder, circle “GRANT” in last sentence of Section 17.
Prepared by: Department:
Campus: Phone:
Name and phone number of person to contact with questions, if different from above:
Contractor name(s):
Provide background and purpose of the Agreement:
INSTRUCTIONS:
1. Fill in all pertinent information in the blank spaces provided. Determine the exact legal name of the vendor.
2. Have the vendor sign the agreement along with vendor application and W-9, if necessary.
3. The President and Vice President for College Services (VPCS) are the only individuals at the College with authorization to sign this Agreement. No one else should sign on behalf of the College.
3. If the agreement originates at a college campus, then send the agreement to your respective VPCS for approval. If the agreement terms have not been altered and the value is less than $10,000.00, then the VPCS may sign the agreement without Legal approval, but the VPCS always has the option of seeking Legal counsel if desired. If the agreement terms have been altered OR if the value is equal to or greater than $10,000.00, then the VPCS will forward the agreement to District Office of Legal Services for legal approval.
4. If the agreement originates at a district office, then send the agreement to your immediate supervisor for approval. The supervisor will forward the agreement to District Office of Legal Services for legal approval.
5. After all required signatures are obtained, the original agreement should be stored with the Monitoring Officer (contract originator). You must email a scanned copy to Pat Meurin, send a hard copy via PONY.
If you have any questions, please contact:
Pat Meurin
Alamo Colleges Office of Legal Services
(210) 485-0056
{L & B 04927/0067/L0596466.DOCX/} OLS Beta 11-20-2012
/ SERVICES AGREEMENTFOR
LOW RISK SERVICES
BE IT KNOWN, that on this (day) of (month), (year), Alamo Community College District on behalf of (campus), a political subdivision of the State of Texas, hereinafter referred to as "Alamo Colleges"
and (Contractor), hereinafter referred to as the “Contractor,”
do hereby enter into this Agreement under the following terms and conditions.
1. Scope of Services. The Contractor hereby agrees to furnish the following services:
______
(Please complete Attachment A: Statement of Work for all of the above services; if the services are those of an individual performer or speaker (collectively, “Performer”), the name of the person providing the services must be specified and please complete Attachment B: Verification of Independent Contractor Status).
for the following dates/times:
at the following location:
2. Consideration. In consideration of the services described above, Alamo Colleges hereby agrees to pay Contractor upon successful completion of all services or in accordance to the payment terms described on Attachment A, a total fee of $. It is understood that this fee covers ALL EXPENSES to be incurred by Contractor in providing the above services.
3. Taxes. Contractor hereby agrees that the responsibility for payment of taxes from the funds thus received under this Agreement shall be said Contractor’s obligation and identified under Federal tax identification number .
4. Termination. Alamo Colleges may terminate this Agreement upon notice with or without cause; provided, however, that unless Contractor is in default hereunder, Alamo Colleges will pay Contractor on a pro-rata basis any amounts accrued and owing at the time of termination.
5. Non-Assignability. The Contractor shall not assign any interest in this contract and shall not transfer any interest in same without prior written consent of Alamo Colleges.
6. Independent Contractor. The Contractor shall provide services pursuant hereto, as an independent contractor. The parties agree that Alamo Colleges does not have legal right to control the details of the tasks which the Contractor performs, and no such control is allowed by this Agreement. This Agreement does not create an employment relationship, partnership, or joint venture between the Contractor (or its principals, subcontractors or employees) and Alamo Colleges. None shall be deemed employees of Alamo Colleges for any purpose whatsoever, and none shall be eligible to participate in any benefit program provided by Alamo Colleges.
7. Compliance. The Contractor agrees to abide by all applicable legal requirements, including, without limitation, the following, each as amended: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972; Federal Executive Order 11246; Federal Rehabilitation Act of 1973; Vietnam Era Veteran’s Readjustment Assistance Act of 1974; Title IX of the Education Amendments of 1972; Age Discrimination in Employment Act of 1975; Americans with Disabilities Act; and Family Education Rights and Privacy Act. The Contractor agrees not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, religion, gender, sexual preference, age, national origin, veteran status, genetic information, political affiliation, or disabilities.
8. Insurance,
Alamo Colleges provides no medical or workers' compensation insurance coverage for the Contractor (or its principals, subcontractors or employees) under this Agreement. The entire responsibility for providing appropriate insurance coverage lies solely with the Contractor. Alamo Colleges maintains insurance coverage for claims or causes of action brought for which immunity has been waived under the provisions of the Texas Tort Claims Act.
9. Indemnity & Release. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Alamo Colleges, its Board of Trustees, officers, employees, contractors, agents and assigns (“Protected Parties”) from and against any Claims as hereinafter defined arising out of any action or threatened action, suit or proceeding arising out of or as a direct result of Contractor’s breach of contractual warranty, negligence, negligent omission or willful misconduct, and to pay to Protected Parties on demand, the amount of all such Claims. “Claims” is herein defined to mean any and all costs resulting from any complaints, claims, liabilities, suits, damages, judgments, penalties, fines, settlements, losses and expenses (including legal fees, expert witness fees and other legal expenses and court costs) falling within the scope of an indemnification and/or release in this Agreement. Contractor’s duty to indemnify, defend, and hold harmless Protected Parties includes, but is not limited to, Claims resulting from bodily injury or death of persons, or from damage to property and the resulting loss of its use, regardless of the ownership of such property and the identity of such persons. CONTRACTOR HEREBY RELEASES PROTECTED PARTIES from any and all Claims that it may have against Alamo Colleges arising under this Agreement, other than for payment earned hereunder, EVEN IF CAUSED, IN WHOLE OR IN PART, BY ANY ACT OR OMISSION, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY, OF ANY PROTECTED PARTY.
10. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant or condition hereof, as third party beneficiaries or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto and their successors and permitted assigns.
11. Choice of Law. This Agreement is made and is to be performed in Bexar County, Texas, and will be interpreted and governed by the Constitution and the internal laws of the State of Texas. Venue of any court action brought directly or indirectly by reason of this agreement shall be in Bexar County, Texas.
12. Amendment. No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof, and duly executed by the parties hereof.
13. Identity Theft Prevention and Notification. Contractor’s performance under this Agreement may include access to and review of confidential, personally identifying information about Alamo Colleges’ employees, students, and/or vendors. Contractor agrees to use best practices to prevent identity theft and to promptly report in writing any red flags to the Program Administrator, the Vice Chancellor for Finance and Administration, or the Project Coordinator for this Agreement.
14. Force Majeure: Notwithstanding any other provisions of this Agreement, in the event that the performance of any obligation under this Agreement by Contractor and/or Alamo Colleges is prevented due to acts of God, exchange controls, wars, hostilities, blockades, travel interruption, speaker illness, civil disturbances, revolutions, strikes, terrorist attacks, or lockouts, reasons beyond a party’s control, no party shall be responsible to any other for failure or delay in performance of its obligations under this Agreement. Neither party shall be responsible in any manner for any expenses and costs incurred by the other party in preparation of an event so delayed. Each party shall promptly notify the other party of such force majeure condition. The terms of this paragraph shall not exempt, but merely suspend, any such party from its duty to perform the obligations under this Agreement until as soon as practicable after a force majeure condition ceases to exist.
15. Capacity. If Contractor is contracting to deliver the services of a person as agent or employer of that person or as contractor of a person as subcontractor, then Contractor represents and warrants to Alamo Colleges that such person shall be bound by the terms and conditions of this Agreement and indemnifies Alamo Colleges from and against any breach of that warranty as further specified in Section 9.
16. Photographers and Videographers. If Contractor’s services involve taking images of persons, including, without limitation, serving as a photographer or videographer, Contractor agrees to assume full responsibility for obtaining and maintaining all legally required contents of such persons to the creation and use of their images, and hereby assigns to Alamo Colleges (i) the rights thereunder, and (ii) as a work for hire fully paid for by the compensation payable to Contractor hereunder, all of Contractor’s intellectual property rights, including, without limitation, copyrights, in such images and any and all derivative works.
17. Records. If the work involves creating images of persons, Contractor agrees to keep all consents to the use of such images throughout its Term and for five (5) years thereafter. If any portion of any payment hereunder is made from grant-sourced funds, Contractor agrees to keep all financial and supporting documents, statistics, and any other records pertinent to this Agreement throughout its Term and for five (5) years thereafter. Contractor further agrees that Alamo Colleges or any grantor of payment funds, or any of their duly authorized representatives, at any time, will have access to, and the right to audit and examine, any such records for the purpose of financial audit or business practice review and to refund any overpayments disclosed by any such audits. Circle “GRANT” here if grant-sourced funds are used.
18. Consent and License to Use Recording. The undersigned Contractor and its individual employees or subcontractors who will personally perform the services under the Agreement (“Employees'') hereby consent to Alamo Colleges making a recording, by whatever means and upon whatever media of the performance of the Services ("Recording''). Contractor and Employees hereby grant to Alamo Colleges a non-exclusive, fully paid, irrevocable license to use the Recording for all lawful purposes, including, without limitation, training and the development of derivative works.
CONTRACTOR: ALAMO COMMUNITY COLLEGE DISTRICT:
By: ______Contractor’s Signature Date / By: ______
Chancellor/President/Vice Chancellor/VPCS
Print Name: / Print Name:
Title:
(Note: Leave blank if Contractor is an individual entity) / Title:
Address:
City/State/Zip: / Date: ______
Phone:
ATTACHMENT A
Statement of Work
Name of Performer, if Applicable
STATEMENT OF WORK:
Describe, in detail, the services the Contractor will provide:
List specific deliverables such as reports or other tangible documents and delivery dates:
PAYMENT FOR SERVICES:
I. SERVICE FEE: Alamo Colleges shall pay Contractor the amount of Dollars ($) upon successful completion of the contracted performance.
Responses MUST be accurate. Contact HR Generalist for Assistance. Errors may result in discipline, including termination.
ATTACHMENT B
Verification of Independent Contractor Status
1. If the Contractor is an individual: is the Contractor currently an employee of Alamo Colleges or has
the Contractor been employed by Alamo Colleges during the current calendar year? Yes No
2. If the Contractor is an individual: is it currently expected that Alamo Colleges will hire the Contractor
as an employee immediately following termination of the Services Agreement? Yes No
3. If the Contractor is a business: do any current employees own more than 10% of the voting interest, or 10% or $15,000 of fair market value; or derive more than 10% of their previous year gross income? Yes No
4. Can the service be performed with existing resources (employees or other contracted sources)? Yes No