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AGREEMENT (West Virginia Northern Community College)

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AGREEMENT
WV-48 (Rev.10/2019)
I,_____________________________________________________________________, agree to perform
(Name and address)
the following services for _________________________________ at ________________________________
(Agency) (Location)
(Detailed description of services to be performed)
Date(s) of Service: from _________________________________ to__________________________________.
The rate of pay shall be ____________per _________not to exceed$___________________________ for the
entire term of the contract.
NOTE: Any anticipated travel must be incorporated into the vendor's fee. No travel will be reimbursed by the State and is the
sole responsibility of the vendor.
The following certification must be completed and signed if the vendor is a full-time employee of the State of West Virginia.
Please check the appropriate box below:
I am not currently a full-time employee of the State of West Virginia;
I am currently a full-time employee of the State of West Virginia (complete certification below).
It is hereby certified that the services to be performed under this agreement will not interfere with or detract from the
full-time duties of the employee and the amount of annual compensation received by the above named
vendor from the State of West Virginia for full-time employment during the current fiscal year will be
$__________________. The vendor serves as ___________________________________________________________
(Position)
with the title of _____________________________________, certified by .
(Supervisor's Signature)
GENERAL TERMS AND CONDITIONS: The General Terms and Conditions for Purchase Order/Contract listed on page 2 are hereby
made a part of this agreement and are specifically incorporated herein by reference. By signing this agreement, Vendor certifies that it
has reviewed the Terms and Conditions, fully understands them, and agrees to be bound by their provisions.
___________________________________________________________________________________
APPROVED BY:
Agency: Vendor: _________________________________
(Authorized Signature of Agency) (Vendor's Signature)
(Title)
(Date)
(Social Security or FEIN)
(Date)
Approvals (if required):
____________________________________________________
Position Date
____________________________________________________
P
osition Date
____________________________________________________
Position Date
Funding Information:
Fund
Dept Unit
Amount $
Total Amount
Purchase Order #
$ 0.00
TERMS AND CONDITIONS
1. ACCEPTANCE: Vendor shall be bound by this Order and its terms and conditions upon receipt of this Order. This Order expressly limits acceptance
to the terms and conditions stated herein. Additional or different terms proposed by the Vendor are objected to and are hereby rejected, unless
otherwise provided for in writing by the Institution and approved by the Attorney General.
2. APPLICABLE LAW: The laws of the State of West Virginia and the Procedural Rules of the WV Higher Education Policy Commission, Council for
Community and Technical Education or Governing Board, whichever has jurisdiction pursuant to W. Va. Code, shall govern all rights and duties under
the Contract, including without limitation the validity of this Purchase Order/Contract.
3. ASSIGNMENT: Neither this Order nor any monies due, or to become due hereunder, may be assigned by the Vendor without the Institution’s
consent.
4. INSTITUTION: For the purposes of these Terms and Conditions, the “Institution” means the institution purchasing goods and services for which a
Purchase Order has been lawfully issued to the Vendor.
5. CANCELLATION: The Institution may cancel any Purchase Order/Contract upon 30 days written notice to the Vendor.
6. COMPLIANCE: Vendor shall comply with all federal, state and local laws, regulations and ordinances, if applicable.
7. DELIVERY: For exceptions to the delivery date as specified in the Order, the Vendor shall give prior notification and obtain the approval of the
Institution. Time is of the essence of this Order and it is subject to termination by the Institution for failure to deliver on time.
8. DISPUTES: Disputes arising out of the agreement shall be submitted to the West Virginia Claims Commission.
9. HOLD HARMLESS: The Institution will not agree to hold the Vendor or any other party harmless because such agreement is not consistent with
state law.
10. MODIFICATIONS: This writing is the parties’ final expression of intent. No modification of this Order shall be binding unless agreed to in writing by
the Institution.
11. NON-FUNDING: All services performed or goods delivered under this Purchase Order/Contract are to be continued for the term of the Purchase
Order/Contract, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not
appropriated or otherwise available for these services or goods, this Purchase
Order/Contract becomes void and of no effect after June 30.
12. ORDER NUMBERS: Contract Order numbers or Purchase Order numbers shall be clearly shown on all acknowledgments, shipping labels, packing
slips, invoices and correspondence.
13. PAYMENTS: Payments may only be made after the delivery of goods or services.
14. RENEWAL: The Contract may be renewed only upon mutual written agreement of the parties.
15. REJECTION: All goods or materials purchased herein are subject to approval of the Institution. Rejection of goods or materials due to
nonconformity with the terms, conditions or specifications of this Order, whether held by the Institution or returned to the Vendor, will be at the Vendor’s
risk and expense.
16. VENDOR: For the purposes of these Terms and Conditions, the “Vendor” means the vendor or seller whose quotation, bid, proposal or expression
of interest has been accepted and has received a lawfully issued Purchase Order from the Institution.
17. SHIPPING, PACKING, BILLING & PRICING: Unless otherwise stated, all goods are to be shipped prepaid, FOB destination. No charges will be
allowed for special handling, packing, wrapping, bags, containers, etc., unless otherwise specified. All goods or services shall be shipped on or before
the date specified in this Order. Prices are those that are stated in this Order. No price increase will be accepted without written authority from the
Institution.
18. TAXES: The State of West Virginia (the Institution) is exempt from Federal and State taxes and will not pay or reimburse such taxes.
19. TERMINATION: In the event of a breach by the Vendor of any of the provisions of this contract, the Institution reserves the right to cancel and
terminate this contract forthwith upon giving written notice to the Vendor. The Vendor shall be liable for damages suffered by the Institution resulting
from the Vendor’s breach of contract.
20. WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Order will: (a) conform to the specifications, drawings,
samples or other description furnished or specified by the Institution; (b) be merchantable and fit for the purpose intended; (c) be free and clear of all
liens, claims and encumbrances of any kind; and/or (d) be free from defect in material and workmanship.
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AGREEMENT (West Virginia Northern Community College)

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Completed 9 October 2020

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