STATE OF LOUISIANA



STATE OF LOUISIANAPARISH OF ASCENSIONPROFESSIONAL SERVICES CONTRACT(project name here)THIS CONTRACT, made and entered into this ___ day of _____________, 2015, by and between:Ascension Parish Government (hereinafter OWNER or Parish), appearing herein through its President, Tommy Martinez, acting by virtue of a Resolution of the Parish Council of Ascension; dated January 17, 2008.And_____________________ (hereinafter CONSULTANT), whose mailing address is: ____________________________ and whose tax identification number is ___________; appearing herein through its President, ______________OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows:TERMThe effective date of this agreement shall begin on the date of the Parish President's signature on the document or the beginning date of the specified term of the contract, whichever occurs first. Work shall begin by the Provider within fifteen (15) days of the signature of the document unless the Project Manager and the Provider agree in writing to another specified date.Unless otherwise provided or renewed by the Parish Council, this Agreement shall have term of one (1) calendar year, beginning on the date of execution by the Parish President. The Parish will have an option to renew for (2) consecutive years after the one (1) year period ends.SCOPE OF CONTRACT SERVICES(or attached as Exhibit A)SERVICES TO BE PERFORMED BY OWNERThe OWNER shall supply all information it has in its files within the area of the project(s) that may be useful to CONSULTANT in carrying out this work, and will provide assistance in securing similar data from others to the extent PENSATIONCompensation shall not exceed $_____________Payments to CONSULTANT will be made monthly based on an invoice for all work performed. Each invoice must be signed and dated by a principal member of CONSULTANT and mailed to:Ascension Parish GovernmentP.O. Box 2392Gonzales, LA 70707Upon receipt and approval of each invoice, OWNER shall pay the invoice within 30 days of approval.If services are requested that are not listed as a part of Scope of Services, the fee will be negotiated prior to performance of the requested service.TERMINATION OR SUSPENSIONThis contract shall remain in full force and effect until all work has been completed and accepted by the OWNER and all payments required to be made to the CONSULTANT have been made. However, this contract may be terminated for any of the following conditions:1.By mutual agreement and consent of the parties.2.By the OWNER for the failure of the CONSULTANT to comply with the terms of the contract, or failure to provide quality work in a satisfactory and timely manner, but not in the event that said failures are beyond the control of CONSULTANT.3.By either party upon failure of the other party to fulfill its obligations.4.By satisfactory completion of all services and obligations described herein.5.By OWNER without cause by giving fifteen (15) days prior written notice to CONSULTANT and paying any fees then due for completed work.Upon completion or termination of the contract, CONSULTANT shall deliver to the OWNER all plans and records of the work compiled through the date of termination. The OWNER shall pay for all work satisfactorily accomplished through the date of termination, as shown on the progress schedule.Should the OWNER desire to suspend the work, but not definitely terminate the contract, this may be done by fifteen (15) days notice given by the OWNER in writing to that effect, and the work shall be reinstated in full force and effect upon receipt from the OWNER of fifteen (15) days notice in writing to that effect.EMPLOYMENT STATUSCONSULTANT acknowledges that CONSULTANT is not an employee of the Parish. In performing the duties of this contract, CONSULTANT acknowledges that CONSULTANT is an independent CONSULTANT. CONTROLLING LAWThis agreement is to be governed by the laws of Louisiana, and it is agreed that the venue for any and all litigation arising out of this contract shall be in the 23rd Judicial District Court, Parish of Ascension, Louisiana.SUCCESSORS AND ASSIGNSOWNER and CONSULTANT shall not assign this contract without written agreement of the other party.Nothing contained in this paragraph shall prevent CONSULTANT from employing such independent CONSULTANT, associates and subcontractors, as he may deem appropriate to assist him in the performance of services hereunder, at his own expense and risk of liability.INDEMNIFICATION AND HOLD HARMLESSCONSULTANT agrees to defend, indemnify, save and hold OWNER harmless from and against any and all claims, demands, expense and liability arising out of injury or death to any person or the damage, loss, or destruction of any property which may occur or in any way grow out of any negligent act, error or omission of the CONSULTANT, its agents, servants and employees, and any and all costs, expense and/or attorney fees incurred by OWNER as a result of any such claim, demands, and/or causes of action.CONSULTANT is absolutely liable for any and all actions of or by any employees retained by CONSULTANT conjunction with the services to be performed pursuant to this contract.CLAIM FOR LIENSCONSULTANT shall hold OWNER harmless from any and all claims for liens of labor, services, or material furnished to CONSULTANT in connection with the performance of its obligations under this contract.INSURANCECONSULTANT agrees to procure and maintain at their expense, until the completion and final acceptance of the services covered in this agreement, insurance of the following kinds and amounts, with insurance companies authorized to do business in the State, covering all operations under this agreement performed by them:a.Workers or Workmen’s Compensation and Employer’s Liability Insurance, in the statutory provided limits covering all of the CONSULTANT’S employees engaged in services hereunder in amounts not less than $500,000 combined single limits coverage.b.Public Liability and, for each motor vehicle used in performance hereunder, Automotive Public Liability in amounts not less than $1,000,000.00 combined single limits.WAIVER: Except as otherwise provided by law, the coverage requirements of this sectionmaybe waived in whole or in part on agreements under $50,000.00, and the Parish is authorizedto use its discretion in regard to insurance requirements for such contracts. Except as otherwiseprovided by law, the Parish President or the Parish Chief Administrative Officer is authorized toomit in whole or in part the insurance requirements of this section in connection with suchcontracts.A Certificate of Insurance providing a thirty (30) day period for notice of cancellation or significant change will be required as proof of coverage. This certificate will be furnished to OWNER before work commences.Insurance is to be placed with insurers with an A.M. BEST’S RATING OF NO LESSTHAN A:Vl. This requirement will be waived for workers’ compensation coverage only ifCONSULTANT has workers’ compensation coverage provided by with companies whoparticipate in the State of Louisiana Worker’s Assigned Risk Pool or Louisiana Worker’sCompensation Corporation.IN WITNESS WHEREOF, the parties hereto have made and executed this Contract asof the day and year first written.OWNER:CONSULTANT:ASCENSION PARISH GOVERNMENT BY: BY:_______________________________ ____________________________Name:Tommy Martinez Name: ______________________Title:Parish President Title: _____________Date:_________________________ Date: _______________________ WITNESSES: WITNESSES:_______________________________ ___________________________________________________________ ____________________________ ................
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