[identify type of services] SERVICES AGREEMENT
This agreement is made by and between [AGENCY LEGAL NAME, dba DBA-NAME, if any] hereinafter called “[HEREINAFTERNAME]” and TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER, [School of ______, Department of ______, City], Texas, hereinafter called “TTUHSC”.
ARTICLE I
RESPONSIBILITIES
A.TTUHSC will:
[Clearly state in detail what services TTUHSC will perform, where, how often, on TTUHSC holidays?, etc.]
B.[HEREINAFTERNAME] will:
[Describe what the other party will provide in order for TTUHSC to perform the services. For example:
Make available and maintain appropriate and necessary space, equipment, and supplies which meet current standard of care, and support staff who hold current licenses or certification, and have professional liability insurance, evidence of which shall be available upon request.
C.[add any general clauses that might affect both parties]
ARTICLE II
COMPENSATION
[HEREINAFTERNAME] agrees to pay TTUHSC [$ perhour, day, month, etc, or according to a specified and attached schedule]. TTUHSC will [invoice][ ] [state when TTUHSC will invoice]. Payment shall be remitted within [x] days of [invoice date].
ARTICLE III
TERM AND TERMINATION
The term of this contract is from [Month, Day, Year], to [Month, Day, Year]. Either party may terminate this contract at any time with or without cause by giving the other party thirty (30) days written notice of termination. This agreement may be terminated immediately for nonpayment.
Optional:
If notice of termination has not been given by either party at the time of expiration of the current term of this agreement, this agreement shall be automatically renewed for one year.
ARTICLE IV
MALPRACTICE INSURANCE
As an institution of higher education in the State of Texas, Texas Tech University Health Sciences Center is self-insured under the TTUHSC School of Medicine Professional Medical Malpractice Self-insurance Plan.
ARTICLE V
INDEPENDENT CONTRACTOR STATUS
Nothing in this agreement is intended nor shall be construed to create an employer/employee relationship between the contracting parties. The sole interest and responsibility of the parties is to ensure that the services covered by this agreement shall be performed and rendered in a competent, efficient, and satisfactory manner.
ARTICLE VI
SEVERABILITY
If any term or provision of this agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this agreement provided that any invalid provisions are not material to the overall purpose and operation of this agreement. The remaining provisions of this agreement shall remain in full force and shall in no way be affected, impaired, or invalidated.
ARTICLE VII
ASSIGNMENT
Neither party shall have the right to assign or transfer their rights to any third parties under this agreement.
ARTICLE VIII
VENUE
This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. Venue will be in accordance with the Texas Civil Practices and Remedies Code and any amendments thereto.
ARTICLE IX
AMENDMENT
This agreement may be amended in writing to include any provisions that are agreed to by the contracting parties.
[Add the following EXCLUSION provision if patient care is involved:]
ARTICLE X
EXCLUSION
[HEREINAFTERNAME] represents and warrants that neither it nor its Physicians or employees, are listed by a federal or state agency as debarred, excluded or otherwise ineligible for participation in federally funded programs, and will notify TTUHSC immediately of any allegations that would affect this status.
[Add the following MEDICAL RECORDS provision if patient care is involved:]
ARTICLE XI
MEDICAL RECORDS
TTUHSC shall have access to the complete medical records of all patients to whom health care is, or has been, provided in whole or in part, by any TTUHSC physician or other TTUHSC health care provider. Access to or copies of such records shall be made available to TTUHSC upon request within a reasonable period of time, not to exceed 48 hours from the time of the request.
[Add the following BILLING provision if patient care is involved:]
ARTICLE XII
BILLING
[[HEREINAFTERNAME] [will/will not] bill third-party payors for the services performed by TTUHSC.
[If [HEREINAFTERNAME] will bill, add the following paragraph:]
As consideration for [HEREINAFTERNAME] to bill for those services, [HEREINAFTERNAME] agrees to indemnify TTUHSC, its officers, agents and employees against all suits, actions, losses, damages, claims or liability of any character relating to such billing activity assumed by [HEREINAFTERNAME], including all expenses of litigation, court costs and attorney's fees incurred as a result of submitting an erroneous or incomplete bill or having a claim denied by a third-party payor resulting from [HEREINAFTERNAME]'s billing activities on behalf of TTUHSC.
ARTICLE XIII
COMPLIANCE
TTUHSC and [HEREINAFTERNAME] acknowledge that each is subject to applicable federal and state laws and regulations, and policies and requirements of various accrediting organizations. Accordingly, each party will enforce compliance with all applicable laws, regulations, and requirements, and will make available such information and records as may be reasonably requested in writing by the other party to facilitate its compliance, except for records which are confidential and privileged by law. TTUHSC and [HEREINAFTERNAME] shall have or designate a Compliance Officer with whom compliance issues shall be coordinated.
IN WITNESS WHEREOF, the undersigned parties bind themselves to the faithful performance of this agreement.
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER[AGENCY NAME]
SignatureSignature
Elmo M Cavin
Printed NamePrinted Name
Executive Vice President
TitleTitle
DateDate
ProfessionalServicesAgreementRevenueToTTUHSC revised 20060428Page 1 of 3