Fillable CreativeServicesSOW042014 Subaward Agreement

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CreativeServicesSOW042014 Subaward Agreement

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OGC 10/2013 - 1 -
Marquette University
Statement of Work for Purchase Order for Services
Creative Services
(“Marquette” or “Purchaser”)
Name: Marquette University
Address: P.O. Box 1881
Milwaukee, WI 53201-1881
Services Provider ("Provider “ or “Artist”")*
Name :
Address :
Social Security or Federal ID Number: [ ]
General Description of Creative Services, including start date and end date(s)*
Marquette Authorized Representative*
Provider Authorized Representative*
University Purchase Order Number*
Fixed Fee or Not-To-Exceed Amount to be Paid*
Terms and Conditions
1. Project Description. A completed Attachment to this Statement of Work is required and shall set forth at a
minimum a general designation of the Creative Services to be provided; a description of each specific
requirement of Marquette for the Creative Services to be provided; the required deliverables; the fixed fee
or hourly rate with a not-to-exceed amount; the reimbursable expenses with a not-to-exceed amount; and
any special requirement that may apply to the Creative Services.
2. Fees and Payments. Author shall invoice Marquette only for Creative Services completed and delivered
to Marquette. Unless otherwise set forth in the Attachment, Marquette shall in its sole discretion determine
the amounts properly payable until all of the Creative Services have been satisfactorily completed. No
advance payments are authorized.
3. Independent Contractor. Artist acknowledges that Artist is an independent contractor and shall be solely
and personally responsible for all federal, state and local taxes, contributions, and premiums with regard to
all payments made to Artist by Marquette.
4. Ownership of Work Product. Author hereby grants Marquette a perpetual, unrestricted, royalty-free, and
exclusive license to print, publish or otherwise use any reports, documents, drawings, illustrations,
photographs, designs, video, audio or other copyrighted materials (collectively, the “Works”) prepared by
Author for Marquette pursuant to this Agreement. Author understands that Marquette may print, publish
and post the Works worldwide, including but not limited to publication on the Internet or any other medium
and incorporation in whole or in part into trademarks, service marks, or logos. Furthermore, Marquette may
license publications of the Works in any medium, including, but not limited to, newspapers, magazines,
radio, motion pictures, television and electronic media without any further fee or consent by Author. Author
represents and warrants to Marquette that no third party shall have any rights in any Works prepared by
Author for Marquette pursuant to this Agreement and that Author has the authority to license the Works
prepared by Author for Marquette pursuant to this Agreement. Marquette and Author agree that Author may
use copies of the Works only for Author’s own self-promotion or portfolio purposes. Author shall not resell,
license or transfer Works for a fee or other compensation to any third party.
5. Nondisclosure of Confidential Information. Artist will not, either directly or indirectly, as an employee, agent,
partner, shareholder or in any other capacity, use or disclose any confidential or proprietary information,
including without limitation employee and student data, financial data, plans and mailing lists (the
“Confidential Information”) of Marquette for any purpose other than performance of the Creative Services.
Unless informed in writing to the contrary by Marquette, Artist shall presume all information provided to
Artist by University is Confidential Information. Unless Artist has obtained the prior written consent of
Marquette to the contrary, Artist will not disclose the Confidential Information to any third parties. This
section will not apply to any information that Artist can demonstrate by written evidence (a) was known to
OGC 10/2013 - 2 -
Marquette University
Statement of Work for Purchase Order for Services
Creative Services
Artist prior to the disclosure to Artist by Marquette or (b) has become public knowledge without a breach of
this Purchase Order and Statement of Work or other confidentiality obligation.
6. Delivery of Documents. Marquette may discontinue furnishing or making available access to Confidential
Information at any time in the sole discretion of Marquette. Upon demand by Marquette, Artist shall promptly
deliver to University all Confidential Information and all correspondence, designs, sketches, drawings,
manuals, letters, notes, computer diskettes, computer or voice tapes, notebooks, reports or any other
documents or media embodying or concerning the Confidential Information that came into Artist’s
possession, by any means whatsoever, during the term of and performance of the Services.
7. Personal Services. The Creative Services are deemed personal services by the individual(s) authorized in
the Attachment to provide the Creative Services, and Creative Services may not be performed by others
without the advance written permission of Marquette.
8. Expenses. All expenses incurred by a party shall be the sole responsibility of the party that incurred the
expense, except as such expenses are listed as reimbursable to Artist on the Attachment to this Statement
of Work.
9. Authority. Each party hereby certifies that it has all necessary authority to execute and deliver this
Agreement and to perform its obligations hereunder. Upon execution, this Agreement will be a valid and
binding obligation of each party and enforceable in accordance with its terms.
By the Authorized Representative of Marquette:*
________________________________________ __________
Name Date
Title
By Services Provider:*
____________________________________ __________
Name Date
Title
THIS STATEMENT OF WORK IS SUBJECT TO THE REQUIREMENTS OF THE TERMS AND CONDITIONS FOR PURCHASE
ORDERS FOR SERVICES. THIS STATEMENT OF WORK IS NOT VALID UNLESS AND UNTIL (1) THE UNIVERSITY HAS ISSUED A
PURCHASE ORDER FOR THE AMOUNTS SET FORTH IN THIS STATEMENT OF WORK AND (2) ALL INFORMATION MARKED
WITH AN ASTERISK (*) HAS BEEN COMPLETED. NO PAYMENTS MAY BE MADE UNLESS THE REQUEST FOR PAYMENT
INCLUDES A VALID UNIVERSITY PURCHASE ORDER NUMBER.
Instructions for University Personnel: Obtain a valid University purchase order in an amount equal to the total amount for which
Marquette may be liable to the Provider. Complete the Statement of Work and the Attachment. If the Provider has additional terms or
conditions to be made part of the Statement of Work and Purchase Order, and such terms and conditions may in any way conflict with
the Terms and Conditions for Purchase Orders for Services or this Statement of Work, such terms and conditions must be submitted for
review by Marquette’s Office of General Counsel, using the Contract Processing and Approval Form available at
http://www.marquette.edu/ogc/forms/index.shtml. See the “Conflicts” provision of the Terms and Conditions for Purchase Orders for
Services for more information. The University college, office, or department initiating the Purchase Order is required to maintain copies
of the Statement of Work and any related documentation. Questions may be addressed to the Department of Purchasing or the Office of
General Counsel.
OGC 10/2013 - 3 -
ATTACHMENT TO STATEMENT OF WORK FOR PURCHASE ORDER FOR SERVICES
CREATIVE SERVICES
General Nature of Creative Services to be Provided:*
Illustrator Photographer Graphic Designer
(select one) Musician Voice-over Videographer
Video Producer Writer
Description of Creative Services:*
Required Deliverables:*
Individual(s) Authorized to Provide Creative Services:*
Fixed Fee $________________ or Hourly Rate $______________ (not to exceed $_________)*
Amount and Type of Reimbursable Expenses: $ _______________ (not to exceed $_________)
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CreativeServicesSOW042014 Subaward Agreement

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Completed 11 February 2020

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