CONSULTING AGREEMENT
THIS
AGREEMENT is entered into between the University of Houston-Victoria
("UHV") and ______________________________,
("Consultant"). The purpose
of the Agreement is to
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
for the University of
Houston-Victoria. In performing
services under this Agreement, Consultant shall not be an agent or employee of
the UHV. As a Consultant, Consultant
will be solely responsible for determining the means and methods for performing
the services described. Consultant
shall observe and abide by all applicable laws, regulations, policies and procedures,
including but not limited to, those of UHV relative to conduct on its premises.
Consultant
agrees to perform the services with that standard of professional care, skill,
and diligence normally provided in the performance of similar services. It is understood that during the performance
of services that Consultant will not be eligible for benefits.
1. Term. This Agreement will commence on
_______________ and end _____________________.
Either party may terminate this Agreement with 10 days written notice to
the other party.
2. Consideration. UHV will compensate the Consultant at the
rate of $_______ per hour, not to exceed a total of $______________. The Consultant shall submit detailed
invoices describing the services rendered, the person or persons rendering such
services, the charges therefor, the times when such services were performed,
compensable expenses, and the amount due.
The University will make payment within 30 days of the receipt of such
invoices.
3.
Payment of Taxes.
Consultant certifies that, upon the effective date of this agreement,
either (1) it is not delinquent in payment of State of Texas corporate
franchise taxes, or (2) it is not subject to the payment of such taxes. Consultant agrees that any false statement
with respect to franchise tax status shall be a material breach hereof, and UHV
shall be entitled to terminate this agreement upon written notice thereof to
Consultant.
4.
Child Support.
A child support obligor who is more than 30 days delinquent in paying
child support and a business entity in which obligor is a sole proprietor,
partner, shareholder, or owner with an ownership interest of at least 25
percent is not eligible to receive payments from state funds under a contract
to provide property, materials, or services until all arrearages have been paid
or the obligor is in compliance with a written repayment agreement or court
order as to any existing delinquency.
By executing this Agreement, Consultant certifies that the individual or
business entity named in this Agreement is not ineligible to receive payment
from the state and acknowledges that this Agreement may be terminated and
payment may be withheld if this certification is inaccurate. (Family Code, Section 231.006).
5.
Proprietary Information.
a. Consultant shall maintain the confidentiality of
all proprietary information provided to it by UHV. Information in the public domain or otherwise obtained
independently by Consultant shall not be considered as confidential.
b.Any programs, data or other materials
furnished by UHV for use by Consultant in connection with the services
performed under this Agreement shall remain the sole property of UHV.
6. Notice. All notices and communications regarding
this agreement must be in writing and directed to the following
representatives:
For UHV:
For the
Contractor:
7.
Miscellaneous.
a. This document constitutes the sole agreement of
the parties and supersedes any other oral or written understandings or
agreements.
b. This Agreement may not be amended or otherwise
altered except upon the written agreement of both parties.
c. This agreement is not assignable without the
express written agreement of both parties.
d. The provisions of this Agreement are severable.
e.
This Agreement shall be construed under the laws of the State of Texas,
and venue in any action brought
hereunder shall be in Harris County, Texas.
|
UNIVERSITY OF
HOUSTON-VICTORIA 3007 N. Ben Wilson Victoria, Texas 77901-5731 I certify that
services are essential, unavailable from UH employees, and a selection
process and fee evaluation were utilized. Initiator
Signature Name Typed: Date: Contracts
over $5,000 require the following signatures: Provost/Vice President for Academic Affairs
Signature:_______________________________________ Name Typed: Date: Vice President for Administration and Finance
Signature: Name Typed: Date: Cost Center:______________________________________ |
CONSULTANT
(Note: If you are a minority or woman owned business, are you
interested in HUB certification?
yes/no If yes, our HUB office will contact you). Consultant: Name:___________________________________________ Title: CIRCLE ONE: SSN OR Tax
ID Number: Address: Signature: Name Typed: Date: Phone: Fax: |
Attach: Alternative Dispute Resolution Clause
OGC
Form No. S-98-6:
Approved for use as a Standard Agreement
by
the University of Houston System Office of
General
Counsel 7/28/98
Note: Modification of this Form
requires approval of OGC