Contract for Professional Services


MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT 2411 West 14th Street, Tempe, AZ 85281-6942 CONTRACT FOR PROFESSIONAL SERVICES
This Contract is between <CONTRACTOR>, (00ontractor00, and the Maricopa County Community College District (00CCCD00 for the services specified below (00ervices00.
The parties agree as follows:
Performance Dates. Contractor shall begin performing the Contract on <MONTH/DATE>, 20XX, and finish performing on <MONTH/DATE>, 20XX. Changes to the Contract are permissible only through an amendment issued according to Paragraph 14.
Contractor may not begin performing the Services until this Contract has been signed by both parties and Contractor has received a purchase order from MCCCD.
Types of Services. Check the appropriate box. 00/font> Consulting (e.g. Management) 00/font> Educational Consulting
(e.g. Curriculum Development and Evaluation) 00/font> Technical Support 00/font> Grant Writing/Development
00/font> Speaking/Facilitating/Presenting 00/font> Editing/Writing 00/font> Teaching/Instruction Services 00/font> Student Activities
00/font> Other 00Describe:
Specific Services. In detail, describe the Services or attach a description to this Form, identifying the program or project, if applicable; the need for the Services; what will be done; how it will be done; and any deliverables
(such as reports, analyses, designs):
Licenses/Certifications. Licenses/certifications required:
Contractor shall provide to the Contract Monitor identified below a copy of all applicable licenses/certifications before providing the Services, and maintain them in good standing throughout this Contract.
Location. Contractor will perform the Services at: .
Fees/Payments for Services Provided. $ 0.00 Fee/Honorarium $ 0.00 Travel, as restricted in Para. 4.2 $ 0.00 Total (Payments to Contractor may not exceed this amount.)
[*NOTE: Amounts paid to any individual in excess of $600 in a calendar year will result in a Form 1099
being issued and reported by law to the individual and the Internal Revenue Service as miscellaneous income.]
Method and Time of Payment.
To be paid, Contractor must submit an itemized invoice referencing a valid purchase order number. The invoice must specify the Services provided, which must match the description in Paragraph 2.1; the dates of and work performed during the billing period; and the specific dollar amount. Contractor shall be paid at the end of the Contract unless a schedule of progress payments for work performed is set forth here: .
Invoices for progress payments must specify the actual work performed.
Travel. MCCCD reimburses travel expenses according to its policies applicable to its employees. Contractor must submit an invoice for any travel reimbursement requested, specifying its expenses, and attach original receipts.
Contractor Professionalism.
Contractor shall, at all times during this Contract, provide the Services within the highest standards of its profession.
Contractor shall provide notice immediately to the Contract Monitor of any change in any license/certification. Contractor certifies that it shall maintain all applicable licenses/certifications.
Contractor warrants that the Services provided shall conform to the Contract.
Contractor shall, at all times during this Contract, comply with all applicable laws, regulations, rules and policies.
Insurance. Contractor shall maintain during the term of this Contract insurance policies described below issued by companies licensed in Arizona with a current A.M. Best rating of A:VIII or better. Before MCCCD signs this Contract, Contractor shall furnish the MCCCD Risk Manager with certificates of insurance evidencing the coverages, conditions, and limits required by this Contract, at the following address:
MCCCD Risk Manager 2411 West 14th Street Tempe, AZ 85281-6942 Tel: 480-731-8879 / Fax: 480-731-8890
The insurance policies, except Workers00Compensation and Professional Liability, shall be endorsed to name Maricopa Community Colleges, its agents, officers, officials, employees, and volunteers as additional insureds with the following language:
Maricopa County Community College District, its agents, officers, officials, employees, and volunteers are hereby named as additional insureds as their interest may appear.
If any insurance policies are written on a 00laims made00basis, coverage shall extend for two years past completion and acceptance of the Contractor00 work or services and must be evidenced by annual certificates of insurance. The insurance policies shall be endorsed stating that they shall not expire, be cancelled, suspended, voided or materially changed without 30 days written notice by certified mail to the MCCCD Risk Manager. The Contractor00 insurance must be primary, and any insurance or self-insurance maintained by MCCCD shall not contribute to it. If any part of this Contract is subcontracted, these insurance requirements also apply to all subcontractors. The following policies are required:
Commercial General Liability insurance with a limit of not less than $1,000,000 per occurrence for bodily injury, property damage, personal injury, products and completed operations, and blanket contractual coverage, including but not limited to, the liability assumed under the indemnification provisions of this Contract.
Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor00 owned, hired, and non-owned vehicles.
Workers00Compensation insurance with limits statutorily required by any Federal or state law and Employer00 Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.
Professional Liability insurance covering acts, errors, mistakes, omissions arising out of the work or services performed by the Contractor, or any person employed by the Contractor, with a limit of not less than $1,000,000 each claim.
Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless MCCCD, its agents, officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses (including but not limited to attorney fees and court costs) arising from the acts, errors, mistakes, omissions, work or service of the Contractor, its agents, employees, or any tier of Contractor00 subcontractors in the performance of this Contract. The requirements in Paragraph 8 will not be construed as limiting the scope of this indemnification.
Cancellation. MCCCD may cancel this Contract under Arizona Revised Statutes 搂38-511 (Cancellation of political subdivision and state contracts; definition) for a violation of that statute.
Non-Discrimination. Contractor shall not illegally discriminate in either the provision of services, or in employment, against any person because of sex, race, disability, national origin, veteran00 status, sexual preference or religion, and agrees to comply with all applicable federal and state laws, rules, regulations, and executive orders relating to non-discrimination, equal employment opportunity, and affirmative action.
Funds Unavailable. MCCCD may cancel this Contract if, in future fiscal years, funds become unavailable for the support of the program for which the Services are provided.
Property Rights. MCCCD and the College shall, at all times, retain ownership in and the rights to any creative works, research data, reports, designs, recordings, graphical representations, or works of similar nature (00orks00 to be developed and delivered under this Contract. Contractor agrees that the Works are 00orks for hire00and assigns all of the Contractor00 right, title, and interest to MCCCD.
Notices. Notices to MCCCD under this Contract shall be made to: Assistant General Counsel, Maricopa Community Colleges, 2411 West 14th Street, Tempe, Arizona 85281-6942.
Assignment/Subcontract. Contractor shall not assign any right or delegate any duty under this Contract to any third party without the prior written approval of the Contract Monitor. Contractor shall not subcontract any of the Services to be provided under this Contract without the prior approval of the Contract Monitor.
Amendment. The parties may change this Contract only through a written amendment signed by MCCCD00 Assistant General Counsel.
Applicable Law/Remedies. This Contract shall be governed by the laws of the State of Arizona. The parties shall have all remedies available by law or in equity.
Termination.
MCCCD may terminate this Contract for convenience by giving Contractor 15 days written notice of termination.
A non-breaching party may terminate this Contract for the failure of the other party to comply with this Contract by giving that other party 10 days written notice of the failure to comply.
MCCCD may terminate this Contract immediately if the Contractor files for bankruptcy or receivership, or takes any actions relating to insolvency, such as an assignment for the benefit of creditors.
Interpretation. The parties intend this Contract to express their complete and final agreement.
Authority. Contractor warrants that the person signing this Contract on its behalf is authorized to enter into this Contract.
FERPA. If Contractor has access to students' educational records, Contractor shall limit its employees' access to the records to those persons for whom access is essential to the performance of this contract. At all times during this contract, Contractor shall comply with the terms of the Family Educational Rights and Privacy Act of 1974 in all respects.
Audit. MCCCD shall have the right, at its expense, to inspect the books and records of Contractor to verify its performance and expenses submitted under this Contract. Inspection shall take place during normal business hours at Contractor00 place of business.
Records Retention. Contractor shall retain all records related to this Contract in its possession for five (5) years after the expiration of the Contract.
Terms and Conditions. Contractor acknowledges that it has read the Contract completely, and shall fully comply with all terms and conditions.
Certification. Contractor certifies that it is an independent contractor; provides Services to other customers; maintains insurance; sets its own priorities on time and hours of work; provides its own supplies; and determines the means of delivering Services.
CONTRACTOR: Signature: Date: Name: Phone No.: Title: Address: Contractor is a: 00/font> Corporation 00/font> LLC 00/font> Partnership 00/font> Sole Proprietorship (an individual)
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT: Signature: Date: Assistant General Counsel
TO BE COMPLETED BY CAMPUS/UNIT ONLY College: Dept: Vendor ID: Req. No.: Contract Monitor Name: (Person Who Approves Invoices) Telephone: Fax: Person Completing this Form: Telephone: Fax: College Fiscal Officer Initials (if applicable): Purchasing Approval (if applicable): In initiating, approving, initialing, or signing this contract, a MCCCD employee certifies that neither he/she nor his/her relatives,
as defined in A.R.S.搂38-501, have any substantial interest in this Contract under Arizona Revised Statutes 搂38-504. Date: 5/24/2007
COPIES: 1 - LEGAL 2 - CONTRACTOR 3 - PURCHASING 4 00FISCAL OFFICER
MC-PSVCS (05/24/07) PAGE of 4