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Ohio Attorney Generals Model Contract For Executive Agencies - Ohio
| Ohio Attorney Generals Model Contract For Executive Agencies Form. This is a Ohio form and can be used in Business Services Attorney General Office Statewide . |
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9/04/07 Ver. OHIO ATTORNEY GENERAL'S MODEL CONTRACT FOR EXECUTIVE AGENCIES (OHIO REV. CODE § 109.96) AGREEMENT BETWEEN THE [AGENCY NAME] AND [CONTRACTOR NAME] THIS AGREEMENT is made and entered into effective this ____ day of _________, 20__ by and between the [Agency Name] (hereinafter "Agency"), [Street Address, City, State, Zip], and [Contractor Name] (hereinafter "Contractor"), [Street Address, City, State, Zip]. WHEREAS, Agency desires to engage Contractor to [State what Contractor is doing for Agency]; WHEREAS, [If applicable, insert language showing statutory authority to undertake this agreement example: Pursuant to Ohio Revised Code Section 1901.05, Agency may enter into agreements with Contractors to effectuate the purposes for which Agency was created]; and WHEREAS, Contractor desires to perform such services for Agency in accordance with the terms and conditions prescribed by Agency; NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements set forth herein, the parties hereto agree as follows: ARTICLE I: NATURE OF CONTRACT 1.1 Contractor shall be employed as an independent contractor, to fulfill the terms of this Agreement. It is specifically understood that the nature of the services to be rendered under this Agreement are of such a personal nature that Agency is the sole judge of the adequacy of such services. Agency thus reserves the right to cancel this Agreement should Agency at any time be dissatisfied with Contractor's performance of its duties under this Agreement. Agency enters into this Agreement in reliance upon Contractor's representations that it has the necessary expertise and experience to perform its obligations hereunder, and Contractor warrants that it does possess the necessary expertise and experience. Contractor shall perform services and Agency shall not hire, supervise, or pay any assistants to Contractor in its performance under this Agreement. Agency shall not be required to provide any training to Contractor to enable it to perform services required hereunder. In the event of a cancellation of this Agreement by Agency, Contractor shall be reimbursed in accordance with Article VI, Termination of Contractor's Services. All 1.2 1.3 1.4 1 American LegalNet, Inc. www.FormsWorkflow.com 9/04/07 Ver. provisions of this Agreement relating to "confidentiality" shall remain binding upon Contractor in the event of cancellation. 1.5 Agency may, from time to time, communicate specific instructions and requests to Contractor concerning the performance of the work described in this Agreement. Upon such notice and within [ten] days after receipt of instructions, Contractor shall comply with such instructions and fulfill such requests to Agency's satisfaction. It is expressly understood by the parties that these instructions and requests are for the sole purpose of performing the specific tasks requested to ensure satisfactory completion of the work described in this Agreement. The management of the work, including the exclusive right to control or direct the manner or means by which the work is performed, remains with the Contractor. Agency retains the right to ensure that Contractor's work is in conformity with the terms and conditions of this Agreement. It is fully understood and agreed that Contractor is an independent contractor and neither Contractor nor its personnel shall at any time, or for any purpose, be considered as agents, servants, or employees of Agency or the State of Ohio. ARTICLE II: SCOPE OF SERVICES 2.1 2.2 2.3 Contractor shall [Description of services to be performed by Contractor]. Agency shall [Description of duties to be performed by Agency]. Contractor shall not discuss or disclose any information or material obtained pursuant to its obligations under this Agreement without the prior written consent of Agency. [Description of any other obligations of Contractor]. ARTICLE III: TIME OF PERFORMANCE 3.1 The services as stated in Article II, Scope of Services, shall be commenced on [Date] and concluded on or before [Date]. This Agreement shall remain in effect until the work described in Article II, Scope of Services, is completed to the satisfaction of Agency and until Contractor is paid in accordance with Article IV, Compensation, or until terminated as provided in Article VI, Termination of Contractor's Services, whichever is sooner. This Agreement shall be completed no later than the ______ day of ___________, 20__. As the current General Assembly cannot commit a future General Assembly to expenditure, this Agreement shall expire no later than [June 30, 2007/or end of current biennium]. Agency may renew this Agreement on the same terms and conditions by giving written notice prior to expiration. Such renewal shall begin at the start of the next biennium and shall not extend beyond the expiration of the biennium in which the renewal commences. 3.2 3.3 2 American LegalNet, Inc. www.FormsWorkflow.com 9/04/07 Ver. 3.4 It is expressly agreed by the parties that none of the rights, duties, and obligations herein shall be binding on either party if award of this Agreement would be contrary to the terms of Ohio Revised Code ("O.R.C.") Section 3517.13, O.R.C. Section 127.16, or O.R.C. Chapter 102. ARTICLE IV: COMPENSATION 4.1 4.2 Agency shall pay Contractor for services rendered a total amount of $_______________. The total amount due was computed according to the following cost schedule: [Cost Schedule] 4.3 Under no circumstances shall the total amount due or payable to Contractor under this Agreement as compensation exceed a total amount of $_________________. Contractor shall not be reimbursed for travel, lodging or any other expenses incurred in the performance of this Agreement. Contractor shall submit an invoice for the compensation incurred consistent with Section 4.2 above, and each invoice shall contain a description of the services performed and total hours worked. Upon receipt and approval of the invoice by Agency, a voucher for payment shall be processed. 4.4 4.5 ARTICLE V: CERTIFICATION OF FUNDS 5.1 It is expressly understood and agreed by the parties that none of the rights, duties, and obligations described in this Agreement shall be binding on either party until all relevant statutory provisions of the Ohio Revised Code, including, but not limited to, O.R.C. Section 126.07, have been complied with, and until such time as all necessary funds are available or encumbered and, when required, such expe
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