Fillable FSForm TangibleServices 081811

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FSForm TangibleServices 081811

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for Tangible Services
By and Between
Gettysburg College and
Contractor Information
Name
Title
Address
City, State, Zip
Social Security Number
Check one of the following: US citizen/ Resident Non-resident Alien
Article 1 - The Work:
of this Contract and the following as noted:
Statement of Work including
location, and term of service.
(Attach rider if necessary)
Exhibits attached hereto or referenced herein shall constitute the entire Contract between the parties.
Article 2 - Items Provided by the College:
Article 3 - Compensation:
Include all agreed upon amounts,
expenses, bonuses, etc.
Article 4 - Manner and Times of Payment: Contractor's compensation is to be paid
Prior to final payment hereunder, and as a condition precedent thereto, Contractor shall satisfy the requirements of
Clause 14 of the Professional Services General Terms and Conditions below.
Article 5 - Term: Begin date: End date:
Article 6 - Changes:
Gettysburg College reserves the right to make changes, additions, and/or deletions to the Work as it may
deems necessary. All changes, additions, or deletions shall be made in writing and accepted by both parties before
Contractor proceeds with such Work. Contractor shall make no changes, additions, or deletions to the Work without
Gettysburg College's prior written instructions or consent. The cost of such changes, additions, or deletions shall be
accepted by both parties in writing before Contractor proceeds with such Work.
Contractor shall make no changes, additions, and/or deletions to any Article or term of this Contract without the
written approval of Gettysburg College.
In Witness Whereof, and intending to be legally bound hereby, the parties execute this Contract.
This Contract is subject to the Tangible Services General Terms and Conditions below and incorporated herein by
reference.
By: By:
Date Date
Contractor shall perform all Work hereunder in accordance with the terms and conditions
( ) Statement of Work ( ) Specifications ( ) Design Drawings ( ) Other
Articles 1 through 6 of this document, the Professional Services General Terms and Conditions below, and any
For satisfactory performance of the Work hereunder, Gettysburg College agrees to pay the
Independent Contractor Agreement
Contractor in the manner and at times specified in Article 4, and the Contractor agrees to accept as full and complete
Procurement Services
payment for providing such Work, compensations as follows:
Contractor shall furnish any and all personnel and all other items necessary for the performance and completion of all
Work authorized hereunder unless noted below.
Authorized Signature
Items to be specifically provided by Gettysburg College are as follows:
scope, reporting relationship,
Both parties may agree to extend the services beyond that date, with compensation as follows:
Gettysburg College
Contractor
FS Form_TangibleServices_081811
INDEPE
N
FOR TA
N
GENER
A
1) COM
M
commence
a
supply and
to Gettysb
u
Contractor
i
given in wri
t
directly to
connection
experience
o
to submit p
r
shall emplo
y
normal or
a
hereunder.
shall comp
l
requiremen
t
W
ork, at th
e
requiremen
t
any obligat
i
Gettysburg
and federal
applicable t
o
best interes
t
practices an
d
2) DUE D
I
party shall
b
However, n
e
delay or no
n
control. In
t
time for pe
r
for a period
of such del
caused by
s
promptly n
o
commence
m
shall indicat
would be af
f
3) RECO
R
records of
a
provide cop
has been
Gettysburg
all reasonab
l
audit such r
e
months a
f
Contract.
4) WARR
A
that all pro
f
shall be i
n
practices an
d
services pr
o
specificatio
n
further war
r
including
b
programmi
n
deliverables
,
inventions,
intellectual
p
practice by
others doe
s
trademark,
c
N
DENT CO
N
N
GIBLE SER
V
A
L TERMS A
N
M
ENCEMENT
a
nd carry on th
e
b
e represented
b
u
rg College, w
h
i
n all matters.
t
ing to such sup
e
Contractor.
A
with the Co
n
o
r ability. Getty
s
r
oof of such exp
e
y
the necessary
a
s required by l
a
Should Gettys
b
l
y with Gettys
b
s. Contractor sh
a
e
discretion of
G
s of this Contra
c
i
ons hereunder
College. Contra
c
rules, regulati
o
o
wage and emp
l
t
of Gettysburg
C
d
might tend to
s
I
LIGENCE: P
e
b
e pursued wit
h
e
ither party shal
l
n
performance d
u
t
he event of any
r
formance and
p
of time reason
a
ays. In the eve
n
s
uch uncontroll
a
o
tify the other i
n
m
ent and the a
n
e whether it is
a
f
ected.
R
DS AND AU
D
a
ccount for all
W
ies of it (except
quoted) to G
e
College. Getty
s
l
e, times during
r
e
cords. Contrac
t
f
ter terminatio
n
A
NTIES AND
f
essional services
n
accordance
w
d
principles nor
m
o
vided and tha
t
n
s provided in
A
r
ants that all p
r
b
ut not limit
e
n
g specifications
and all wor
k
techniques, co
n
p
roperty created
,
Contractor her
e
s
not and sh
a
c
opyright, trade
N
TRACTOR
A
V
ICES
N
D CONDIT
OF WOR
K
e
Work under th
i
b
y competent s
u
h
o shall be au
t
All directions c
o
e
rvision shall be
a
A
ll skilled pers
o
n
tract shall q
u
s
burg College m
a
e
rience and qual
i
safety and sec
u
a
w for the type
b
urg College so
b
urg College's
a
ll replace any o
f
G
ettysburg Colle
g
c
t. Contractor
s
without prior
w
c
tor shall compl
y
o
ns, orders, dir
e
oyment practice
s
C
ollege on matt
e
s
et precedents.
e
rformance of t
h
h
due diligence
l
be liable for an
y
u
e to causes not
delay resulting f
r
p
ayment hereun
d
a
ble necessary to
n
t of any delay
a
ble forces, the
n
writing of the
n
n
ticipated extent
a
nticipated that
t
D
IT: Contracto
r
W
ork performed
of that Work fo
r
e
ttysburg Colle
g
burg College sh
a
r
egular business
h
t
or shall preserv
e
n
/cancellation/c
o
REMEDIES:
performed by
C
w
ith sound and
m
ally employed i
n
t
the Work sh
a
A
rticle 1 of the
C
r
ogram code a
n
e
d to design
and all other
k
-in-process, w
o
n
cepts, kno
w
-ho
w
,
developed, con
c
e
under, either s
o
a
ll not infringe
secret or other
A
GREEME
N
IONS
: Contractor
i
s Contract and
u
pervision accep
t
t
horized to act
o
ncerning the
W
a
s binding as if
g
o
nnel employe
d
u
alify therefore
a
y require Contr
a
i
fications. Contr
a
u
rity practices a
s
of Work autho
r
require, Contr
a
safety and sec
u
f
its personnel w
h
g
e, is contrary t
o
s
hall not subcon
w
ritten approv
a
y
with all local,
s
e
ctives and sta
t
s
, and shall act i
n
e
rs which affect
h
is Contract by
e
in all requirem
e
y
loss or damag
e
reasonably with
i
r
om such causes
d
er shall be exte
n
overcome the e
f
or nonperform
party affected
n
ature, cause, da
t
of such delay,
t
he completion
d
r
shall keep acc
u
hereunder, and
r
which a fixed
p
g
e as required
a
ll have the rig
h
h
ours, to inspec
t
e
such records f
o
o
mpletion of
Contractor war
r
C
ontractor hereu
n
currently acce
p
n
the industry fo
r
a
ll conform to
C
ontract. Contr
a
n
d all specificat
i
specifications
documentation
o
rks of author
s
w
, ideas, and
o
c
eived or reduc
e
o
lely or
j
ointly
upon any pa
proprietary rig
h
N
T
shall
shall
t
able
for
W
ork
g
iven
d
in
by
a
ctor
a
ctor
s
are
r
ized
a
ctor
u
rity
h
ose
o
the
tract
a
l of
s
tate
t
utes
n
the
area
e
ach
e
nts,
e
for
n its
, the
n
ded
f
fect
a
nce
shall
t
e of
and
d
ates
u
rate
shall
p
rice
by
h
t, at
t
and
o
r 36
this
r
ants
n
der
p
ted
r
the
the
a
ctor
i
ons,
and
and
s
hip,
o
ther
e
d to
with
tent,
h
t of
any third
i
n what
r
said War
r
shall pro
m
the Warr
a
5) TITL
E
to all W
o
process
a
the cost
designs,
d
patent ri
g
electroni
c
other da
t
prepared
College
u
Gettysbu
r
purpose
w
any addit
i
6) INT
E
Contract
o
College,
employe
e
partners
compani
e
losses, l
i
reasonab
l
related t
o
Intellectu
copyrigh
t
party, an
d
sole expe
n
If an infr
i
require
C
College
t
equivalen
third par
i
nfringe
m
alternativ
e
to Colleg
e
Contract
o
7) T
E
SUSPE
N
become
sub
j
ected
receivers
h
of credit
o
refuse or
i
s provi
d
proper
m
W
ork, or
i
ts progr
e
and shall
(5) days
a
Gettysbu
r
make pro
or labor
o
this Con
t
of the ot
h
terminate
Contract
o
party. Gettysb
u
r
espect Gettysb
u
r
anties have not
m
ptly provide th
a
nties.
E
TO PROPE
R
o
rk, including al
l
a
nd to all machi
n
of which has
b
d
rawings, plans,
g
hts (including
c
means and sto
r
t
a in any form
by Contractor
upon completi
o
r
g College shal
l
w
hatsoever wit
h
i
onal compensat
i
ELLECTUAL
o
r agrees to de
its parent, sub
s
e
s and agents of
G
and their respe
c
e
s, assigns, and s
i
abilities,
j
udg
m
l
e attorney fees a
o
any claim that
u
al Property infr
i
t
, trade secret
o
d
Contractor fu
r
nse all suits or
p
i
ngement is fou
n
C
ontractor, at C
o
t
he right to co
n
n
t products or s
r
ty’s rights, or
m
m
ent is commi
t
es is possible, t
a
e
an amount eq
u
o
r for the Work.
ERMINATIO
N
N
SION: If Con
insolvent, or
f
d
to involuntar
h
ip proceedings,
o
rs, or if Contr
should fail, exc
e
d
ed, to supply
m
aterials, or if
C
any part thereo
e
ss and complet
i
fail to take such
a
fter written no
t
r
g College shall
d
o
mpt payment to
o
r otherwise is
g
t
ract, then Getty
h
er rights or rem
e
this Contract,
o
o
r and shall hav
e
u
rg College shall
n
u
rg College dete
t
been met. Co
n
h
e professional s
e
R
TY: Gettysbur
g
l
Intellectual Pr
o
n
ery, equipment,
b
een paid to C
o
specifications,
t
data produced
r
ed on disc, tape
and in whatev
e
shall be the
p
o
n or terminat
i
l
have the righ
t
h
out right on th
e
i
on therefor.
PROPERTY
e
fend, indemnif
y
s
idiaries and af
f
G
ettysburg Coll
e
c
tive partners,
p
uccessors in int
e
m
ents, awards,
a
nd expenses aris
i
Client’s use, p
o
i
nges or violates
o
r other proprie
r
ther agrees to
s
p
roceedings arisi
n
n
d to have been
c
o
ntractor’s sole
e
n
tinue to use t
h
ervices that do
m
odify the infri
n
t
ted, or if n
o
a
ke back the inf
r
u
al to the full a
m
N
, CANC
E
n
tractor shall be
f
ile for volunt
a
r
y bankruptcy
p
or make an ass
i
r
actor should p
e
e
pt in cases for
w
enough proper
l
C
ontractor sho
u
f, with the dilig
e
i
on as prescribe
d
steps to remedy
t
ice thereof fro
m
d
irect, or should
vendors or sub
c
g
uilty of a violat
i
y
sburg College,
w
edies expressly
p
o
r any part here
o
e
the right there
a
n
otify Contracto
rmines that any
n
tractor, at its e
x
e
rvices required
t
g
College shall h
a
o
perty, complete
materials and s
u
o
ntractor. All
t
est results, inv
e
by computer o
r
or any other fo
r
e
r state of co
m
p
roperty of Ge
t
i
on of this C
o
t
to use same
f
e
part of Contr
a
INFRINGE
M
y
and hold Ge
t
f
iliates, as well
e
ge, its officers, i
n
p
arents, parent-a
f
e
rest, against an
y
and costs, i
n
i
ng out of or in
a
o
ssession or sal
e
s
the patent, tra
d
tary right of a
n
s
ettle and defen
d
n
g out of the fo
r
c
ommitted, Coll
e
e
xpense, to pro
c
h
e infringing ite
m
not in
f
ringe u
p
n
ging item so
t
o
ne of the fo
r
r
inging item and
m
ount paid by C
o
E
LLATION
ad
j
udged bank
r
a
ry bankruptcy
p
roceedings, o
r
i
gnment for the
e
rsistently or re
p
w
hich extension
l
y skilled work
m
u
ld fail to perfo
e
nce necessary t
o
d
by the time s
c
such default wit
h
m
Gettysburg Co
Contractor fail t
o
c
ontractors for
m
i
on of any prov
i
w
ithout pre
j
udic
e
p
rovided for her
e
o
f, by written n
o
a
fter to take po
s
r if and
of the
x
pense,
t
o meet
a
ve title
d or in
u
pplies,
studies,
e
ntions,
r
other
r
m) and
m
pletion
t
tysburg
o
ntract.
f
or any
a
ctor to
M
ENT:
t
tysburg
as the
n
vitees,
f
filiated
y
and all
n
cluding
a
ny way
e
of the
d
emark,
n
y third
d
at its
r
egoing.
e
ge may
c
ure for
m
with
p
on any
t
hat no
regoing
refund
o
llege to
AND
r
upt, or
or be
r
enter
benefit
p
eatedly
of time
m
en or
rm the
o
insure
c
hedule
h
in five
llege as
o
m
aterials
i
sion of
e
to any
e
in, may
o
tice to
s
session
of all materials, equipment and the like. In such cases of
termination, Gettysburg College shall be relieved of all further
obligations hereunder and Contractor shall be liable to
Gettysburg College for all costs incurred by Gettysburg College
in completing such Work in excess of the total compensation
herein defined. Upon 15 days written notice, Gettysburg College,
at its option, may cancel this Contract at any time, whether or not
Contractor is in default of any of its obligations hereunder. Upon
any such cancellation, Contractor agrees to waive any claim for
damages, including lose of anticipated profits on account thereof.
However, provided that Contractor is not in default of its
obligations hereunder, Gettysburg College agrees that Contractor
shall be paid an amount which when added to all installments
previously paid will equal the sum of all costs properly incurred
prior to date of cancellation, plus earned profit on such incurred
costs, but in no event shall such amount be greater than the
Contract price. Such earned profit shall bear the same
relationship to such incurred costs as the profit increment of the
Contract price bears to the costs increment of such Contract
price. Gettysburg College reserves the right to verify the
amounts of such costs and profit increments through an audit of
Contractor's records. Gettysburg College reserves the right to
suspend the Work of the Contractor at any time in Gettysburg
College's sole discretion. Gettysburg College shall give
Contractor written notice of said suspension of Work.
Gettysburg College agrees to pay Contractor for its costs,
charges, and expenses arising out of the suspension of this
Contract caused by the exercise of Gettysburg College's rights set
forth herein. Costs, charges and expenses shall be exclusive of
anticipated profit. Contractor shall include the foregoing
provisions in all subcontracts in which it enters to the end that
Gettysburg College and Contractor shall have the rights therein
set forth with respect to each subcontractor.
8) INDEPENDENT CONTRACTOR: Contractor agrees
that it is an independent Contractor in the performance of any
Work hereunder and that neither it nor its employees shall be
considered employees of Gettysburg College. Contractor shall
retain control or direction of the manner and method of
performance of Work under this Contract and Gettysburg
College shall have the right of supervision merely as to the results
of the Work. Gettysburg College shall not be responsible for the
direct payment of any withholding taxes, social security payments,
payments under workmen's compensation or other insurance
premiums, or other charges of any kind or nature, except as
specifically outlined herein. Contractor hereby certifies that it will
deduct and pay over to the proper governmental authority and
withholding taxes or similar assessments which an employer is
required to deduct and pay over and Contractor accepts exclusive
liability for any payroll taxes or contributions imposed by any
federal, state or other governmental authority, covering its agents
or employees.
9) LIABILITY AND INDEMNITY: Contractor agrees to
defend and indemnify Gettysburg College, as well as the
employees, agents, officers, and trustees of Gettysburg College,
against all loss, damage, and expense which it may sustain or for
which it will become liable on account of injury to or death of
persons, or on account of damage to or destruction of property
resulting from the performance of work under this Contract by
Contractor or its subcontractors, or due to or arising in any
manner from the wrongful act or negligence of Contractor or its
subcontractors of any employee of any of them. This clause shall
survive termination of this Contract.
10) COMPLIANCE WITH LAWS: Contractor agrees that all
Work performed under this Contract shall conform with all
applicable federal, state and local laws, regulations and executive
orders, and all amendments thereto, unless specifically exempt.
11) ACCEPTANCE: When all Work is completed Contractor
shall so notify Gettysburg College, and Gettysburg College shall
have the right to a final review of the Work including any and all
records and reports maintained by Contractor in connection with
the Work. Gettysburg College shall either notify Contractor of
its acceptance of the Work or issue to Contractor a description of
deficiencies requiring correction in order for the Work to
conform to the Contract requirements. Upon correction to
Gettysburg College's satisfaction of such deficiencies by
Contractor, Gettysburg College shall be deemed to have accepted
the Work.
12) INSURANCE: When performing hereunder, Contractor
shall carry and maintain comprehensive public liability insurance,
including contractual liability, property damage, workers'
compensation, and employer's liability insurance with coverage
satisfactory to Gettysburg College. Prior to commencement of
any services to be performed hereunder, if requested, Contractor
shall deliver to Gettysburg College certificates of such insurance
naming Gettysburg College as an additional insured, and which
stipulate that not less than 30 days' notice will be given
Gettysburg College prior to termination or reduction of the limits
of coverage.
13) PERFORMANCE BOND: If requested by Gettysburg
College, Contractor shall furnish a performance and payment
bond covering the faithful performance of this Contract. Such
bond shall be in the form and amount and with a surety
satisfactory to Gettysburg College. The cost of such bond shall
be paid by Gettysburg College.
14) TAXES: Unless otherwise required by law, Contractor has
exclusive liability for all sales, use, excise and other taxes, charges,
or contributions with respect to or imposed on any material or
equipment supplied or Work performed by Contractor, including
such taxes or contributions imposed on the wages, salaries or
other remuneration paid to persons employed by Contractor or
its subcontractors in the performance of this Contract.
Contractor shall pay all such taxes, charges, or contributions
before delinquency or discount date and shall hold Gettysburg
College harmless from any liability and expense by reason of
Contractor's failure to pay such taxes, charges or contributions.
15) USE OF GETTYSBURG COLLEGE’S PREMISES: All
Work shall be performed in such a manner as to cause a
minimum of interference with Gettysburg College's operations
and the operations of other contractors on the premises.
Contractor shall take all necessary and proper precautions to
protect Gettysburg College's premises and all persons and
property thereon from damage or injury.
16) LIENS: Upon completion of the Work and as a condition
precedent to final payment, Contractor shall deliver to
Gettysburg College a full release of liens form as Gettysburg
College may require. Contractor shall not permit any lien,
including a tax lien, or charge to attach in the Work or the
premises upon which the Work is being performed. If any such
lien does so become attached, Contractor shall promptly procure
its release and hold Gettysburg College harmless from such
losses, costs, damages or expenses incidental thereto including
court costs and attorney's fees.
17) FORCE MAJEURE: If, because of force majeure, either
party hereto is unable to carry out any of its obligations under
this Contract, other than the obligations to pay money due
hereunder, and if such party promptly gives to the other party
hereto written notice of such force majeure, then the obligations
of the party giving such notice shall be suspended to the extent
made necessary by such force majeure and during its continuance,
provided that the party giving such notice shall use its best efforts
to remedy such force majeure insofar as possible with all
reasonable dispatch. The term "force majeure" as used herein
shall mean any causes beyond the control of the party affected
thereby, such as, but not limited to, acts of God, acts of public
enemy, insurrections, riots, strikes, lockouts, labor disputes, fires,
explosions, floods, breakdowns or damage to plants, equipment
or facilities, embargoes, orders or acts of civil or military
authority, or other causes of a similar nature. Upon the cessation
of the force majeure event, the party that had given original
notice shall again promptly give notice to the other party of such
cessation.
18) NONDISCLOSURE: It is recognized by the parties to this
Agreement that the performance of services under this
Agreement is likely to give or require access to confidential
information of Gettysburg College and necessitate contact with
others engaged in confidential work for Gettysburg College.
Contractor agrees that during the period of performance of
services pursuant to this Agreement, and for a period of five (5)
years thereafter, Contractor agrees to keep secret and treat
confidentially all confidential information of Gettysburg College,
including, but not limited to, all confidential information
pertaining to student records, student financial records, students’
family financial records, donor lists, fund raising activities and any
other confidential information compiled or maintained internally
by Gettysburg College concerning the operation of Gettysburg
College. Contractor shall use at least the same degree of care to
protect confidential information received hereunder as it does to
protect and safeguard its own confidential information of a like
nature, but in any event no less than a reasonable degree of care.
Upon termination of performance of services pursuant to this
Agreement, Contractor agrees to promptly return to Gettysburg
College any and all documents made or obtained by Contractor
or its employees in the course of performance of services
pertaining to or containing any of the confidential information
referred to above, and not to make any written record of such
information nor disclose such information to others nor to make
any use of such information.
19) OWNERSHIP: The elements of the Work subject to
copyright ownership and protection are and shall be deemed to
be works made for hire within the meaning of the U.S. Copyright
Act, and all rights, title and interest in and to the Work, including,
without limitation, copyright, are owned by Gettysburg College.
In addition, Contractor hereby sells assigns and transfers to
Gettysburg College all of its right, title and interest, if any, in and
to the Work, including, without limitation, copyright, free and
clear of any claims, rights, liens or encumbrances. Contractor
hereby covenants and agrees that it will execute any and all
documents and papers reasonably requested by College to
evidence the transfer of any rights in the Work to Gettysburg
College, including, but not limited to, documents and papers
relating the assignment of copyrights. Contractor acknowledges
College’s exclusive right, title and interest, including, without
limitation, copyrights, in and to the Work, and shall not in any
way, directly or indirectly, do or cause to be done any act or thing
contesting or in any way impairing or tending to impair any part
of said right, title and interest. Contractor shall not in any
manner represent that it has any ownership interest in the Work.
It is further understood that Gettysburg College may use the
Work in any manner Gettysburg College sees fit.
20) AMENDMENTS/NOTICES: No amendment,
modification or supplement to this Contract shall be binding
unless it is in writing, signed by both parties' authorized
representatives. All notices under this Contract shall be in
writing and addressed to Gettysburg College or Contractor as the
case may be and directed to the individuals specified in this
Contract.
21) WAIVERS: No waiver by either party of any breach of any
of the covenants or conditions herein contained shall be
construed a waiver of any succeeding breach of the same or of
any other covenant or condition.
22) EFFECT OF GETTYSBURG COLLEGE’S
APPROVAL: Any approval of Gettysburg College shall not
relieve Contractor of any duty, responsibility or obligation
imposed on it by any provision of this Contract.
23) ENTIRETY OF CONTRACT: The parties agree that this
Contract sets forth their entire agreement and there are no
promises or understandings other than those stated herein.
24) ASSIGNMENT: Neither this Contract nor any claim
against Gettysburg College arising directly or indirectly out of or
in connection with this Contract shall be assignable by
Contractor without Gettysburg College's consent in writing. This
Contract shall be binding upon and inure to the benefit of the
parties to this Contract and their respective successors and
permitted assigns.
25) AUTHORITY: Contractor agrees that the Contractor shall
not have the authority to enter into any contract or agreement to
bind Gettysburg College and shall not represent to any party that
the Contractor has such authority.
26) SEPARABILITY OF PROVISIONS: The invalidity,
illegality and unenforceability of any provision(s) of this Contract
shall in no way affect or impair the validity, legality and
enforceability of the remaining provisions hereof.
27) SURVIVAL: The provisions of Sections 4, 6, 18, and 19 of
these Terms and Conditions shall survive the expiration or other
termination of this Contract.
28) GOVERNING LAW: This Contract shall be governed by
and interpreted in accordance with the laws of the
Commonwealth of Pennsylvania.
-
END-
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FSForm TangibleServices 081811

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Completed 13 February 2020

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