VCSU Service Agreement Template

VALLEY CITY STATE UNIVERSITY SERVICE AGREEMENT
This Agreement is entered into between by Valley City State University (CONTRACTOR) and
_________________________ (SPONSOR).
1. SCOPE OF WORK (Attached additional information, if needed)
CONTRACTOR, in exchange for the compensation, hereby agrees to provide the services,
described as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
2. TERM OF AGREEMENT
The term of this Agreement begins on _________________________ and terminates upon
satisfactory completion of all work on or by _________________________.
3. COMPENSATION (Attach Budget Outline, if needed)
SPONSOR shall pay for the accepted services provided by CONTRACTOR under this Agreement
the total sum of _______________. SPONSOR shall make payment under this Agreement within fortyfive (45) calendar days of the satisfactory completion of all work or receipt of a correct invoice,
whichever occurs first.
4. TERMINATION
This Agreement may be terminated by mutual consent of both parties, or by either party upon
30 days written notice.
Termination of this Agreement effective upon delivery of written notice to the CONTRACTOR, or
at such later date as may be stated in the notice, under any of the following conditions:
a. If funding from federal, state, or other sources is not obtained and continued at levels
sufficient to allow for purchase of the services or supplies in the indicated Scope of Work.
The Agreement may be modified by agreement of the parties in writing to accommodate a
reduction in funds.
b. If federal or state laws, rules or regulations are modified or interpreted in such a way that
the services are no longer allowable or appropriate for purchase under this Agreement or
are no longer eligible for the funding proposed for payments authorized by this Agreement.
c. If any license, permit or certificate required by law, rule or regulation, or by the terms of this
Agreement, is for any reason denied, revoked, suspended and not renewed.
Any such termination of this Agreement shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination.
5. WORK PRODUCT
SPONSOR acknowledges that all work product, equipment, or materials created or purchased by
or for CONTRACTOR under this Agreement belong to CONTRACTOR and must immediately be delivered
to CONTRACTOR at CONTRACTOR’s request upon termination of this Agreement.
6. APPLICABLE LAW AND VENUE
This Agreement is governed by the laws of the State of North Dakota. Any action to enforce this
Agreement must be adjudicated exclusively in a North Dakota state district court. Each party consents to
1
the exclusive jurisdiction of the North Dakota state courts and waives any claim of lack of jurisdiction or
forum non conveniens.
7. COMPLIANCE WITH PUBLIC RECORDS LAWS
SPONSOR acknowledges that, except for disclosures prohibited in this Agreement, CONTRACTOR
must disclose upon request any records received from SPONSOR. SPONSOR also acknowledges that any
records obtained or generated by SPONSOR under this Agreement may be open to disclosure upon
request under the North Dakota public records law. SPONSOR agrees to contact CONTRACTOR
immediately upon receiving a request for records and to comply with CONTRACTOR’s instructions in
response to the request.
8. ATTORNEY FEES
In the event CONTRACTOR prevails in a lawsuit to obtain compensation due under this
Agreement, SPONSOR shall, except when prohibited by N.D.C.C. § 28-26-04, pay CONTRACTOR’s
reasonable attorney fees and costs in connection with the lawsuit.
9. MODIFICATION
This Agreement may not be waived, altered, modified, supplemented, or amended, in any
manner, except by written Agreement signed by the CONTRACTOR and SPONSOR.
10. NOTICES
All notices or other communications shall be given by registered or certified mail, and are
complete on the date mailed, when addressed to the parties at the following addresses:
CONTRACTOR:
SPONSOR:
Valley City State University
101 College Street SW
Valley City, ND 58072
Name: ______________________________
Address: ____________________________
City, St, Zip: __________________________
11. MERGER
This Agreement, along with the following documents: __________________________________
_____________________________________________________________________________________
______________________, constitutes the entire agreement between the CONTRACTOR and SPONSOR.
There are no understandings or representations, oral or written, not specified within this Agreement.
VCSU Authorized Official:
Douglas V. Dawes
Vice President for Business Affairs
[email protected]
(701) 845-7234
Sponsor’s Authorized Official:
Name: ______________________________
Address: ____________________________
Email: ______________________________
Phone: _____________________________
___________________________
VCSU Authorized Signature
______________________________
Authorized Signature
_______________________
Date
_______________________
Date
2