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PITT COMMUNITY COLLEGE O E ION L sE (Pitt Community College)

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PITT COMMUNITY COLLEGE
O E ION L sE ICE aG EEMENTPr f ss a rv r
Important: PCC may not contract with an individual employed by the college or with a business that is owned by a PCC employee.This also applies to family
members of employees.
Pitt Community College, hereinafter referred to as the COLLEGE, and ______________________________________________, hereinafter referred
to as the CONTRACTOR, enter into this agreement for professional services as described below in item 1 for the period and rate of pay indicated.
I. The CONTRACTOR Agrees:
To provide professional services as follows (describe; attach separate sheet if needed):
B. Rate of Pay: Hourly: _________________ Number of Hours: _________ Total: ____________
OR Daily: __________________ Number of Days: _________ Total: ____________
OR Flat Rate Not to Exceed: ______________________________________
C. Period Covered: From: ___________________To: ______________________________
D. Source of Funds: (Budget Code) ______________________________________________
E. Except for applicable withholding on non-resident vendors, payment of all Federal and State income taxes and Social Security applicable
to the compensation received is the responsibility of the CONTRACTOR and not the COLLEGE.
F. T
he CONTRACTOR is responsible for all liability and worker’s compensation insurance and acknowledges that the COLLEGE is not
responsible for any insurance for the contractor or its employees. The contractor also agrees to all NC General Contract Terms and Conditions
Contractual and Consulting Services).
G. The rate of pay specified above includes all expenses of the CONTRACTOR, including travel and subsistence.
H. The CONTRACTOR agrees that this agreement may be terminated by the COLLEGE either due to cause financial exigency or cancellation of
a course due to lack of students for funds.
II. The COLLEGE Agrees:
To make payment within thirty (30) days of completion of services rendered as provided in Item 1-B and upon receipt of an invoice itemizing
services furnished and certified by the responsible Asst. Vice President/Dean/Vice President.
III. Attest:
A. CONTRACTOR: ____________________________________________________________________________________
(Name) (Present Employer)
Address: __________________________________________________________________________________________
(Street) (City) (State) (Zip)
__________________________________________________________________________________________________
(CONTRACTOR’S FEDERAL ID#) (Signature) (Date)
B. COLLEGE Representative: (Asst. Vice President/Dean/Vice President)
__________________________________________________________________________________________________
(Name) (Signature) (Date)
• A W-9 and Vendor Information Form must be completed before payment will be processed.
•
Payment may be subject to 4% withholding for NC Income taxes (non-resident contractor).
STATEMENT OF PURPOSE: The information on this form is being gathered to confirm the tax
information of a business entering into a service agreement with the College.
I. The CONTRACTOR agrees he/she is not currently paid as a PCC employee.
NORTH CAROLINA (PITT COMMUNITY COLLEGE) GENERAL CONTRACT TERMS & CONDITIONS
1. PERFORMANCE AND DEFAULT: If, through any cause, Vendor shall fail to fulfill in timely and proper manner the obligations under
this contract, PCC shall have the right to terminate this contract by giving written notice to the Vendor and specifying the effective
date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Vendor shall, at the option
of PCC, become its property, and the Vendor shall be entitled to receive just and equitable compensation for any acceptable work
completed on such materials. Notwithstanding, Vendor shall not be relieved of liability to PCC for damages sustained by PCC by
virtue of any breach of this contract, and PCC may withhold any payment due the Vendor for the purpose of setoff until such time as
the exact amount of damages due PCC from such breach can be determined. PCC reserves the right to require at any time a
performance bond or other acceptable alternative performance guarantees from a Vendor without expense to PCC.
In case of default by the Vendor, PCC may procure the goods and services necessary to complete performance hereunder from
other sources and hold the Vendor responsible for any excess cost occasioned thereby. In addition, in the event of default by the
Vendor under this contract, or upon the Vendor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or
against the Vendor, PCC may immediately cease doing business with the Vendor, immediately terminate this contract for cause, and
may act to debar the Vendor from doing future business with PCC.
2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the
material, quality, workmanship or performance of the goods or Services offered prior to their delivery, it shall be the responsibility of
the Vendor to notify the Contract Lead at once, in writing, indicating the specific regulation which required such alterations. PCC
reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract.
3. AVAILABILITY OF FUNDS: Any and all payments to the Vendor shall be dependent upon and subject to the availability of funds to
the agency for the purpose set forth in The Contract.
4. TAXES: Any applicable taxes shall be invoiced as a separate item.
G.S. 143-59.1 bars the Secretary of Administration from entering into Contracts with Vendors if the Vendor or its affiliates meet
one of the conditions of G.S. 105-164.8(b) and refuses to collect use tax on sales of tangible personal property to purchasers in
North Carolina. Conditions under G.S. 105-164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of
representatives in the State that solicit sales or transact business on behalf of the Vendor and (3) Systematic exploitation of the
market by media-assisted, media-facilitated, or media-solicited means. By execution of the proposal document the Vendor
certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.
5. SITUS AND GOVERNING LAWS: This Contract is made under and shall be governed and construed in accordance with the laws
of the State of North Carolina, without regard to its conflict of laws rules, and within which State all matters, whether sounding in
Contract or tort or otherwise, relating to its validity, construction, interpretation and enforcement shall be determined.
6. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever
is later. The using agency is responsible for all payments to the Vendor under the Contract. Payment by some agencies may be
made by procurement card, if the Vendor accepts that card (Visa) from other customers, and it shall be accepted by the Vendor for
payment under the same terms and conditions as any other method of payment accepted by the Vendor. If payment is made by
procurement card, then payment may be processed immediately by the Vendor.
7. AFFIRMATIVE ACTION: The Vendor will take affirmative action in complying with all Federal and State requirements concerning
fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to
discrimination on the basis of any prohibited grounds as defined by Federal and State law.
8. INTELLECTUAL PROPERTY INDEMNITY: Vendor shall hold and save PCC, its officers, agents and employees, harmless from
liability of any kind, including costs and expenses, resulting from infringement of the rights of any third party in any copyrighted
material, patented or unpatented invention, articles, device or appliance delivered in connection with this contract.
9. TERMINATION FOR CONVENIENCE: If this contract contemplates deliveries or performance over a period of time, PCC may
terminate this contract at any time by providing 30 days’ notice in writing from PCC to the Vendor. In that event, any or all finished
or unfinished deliverable items prepared by the Vendor under this contract shall, at the option of PCC, become its property. If The
Contract is terminated by PCC as provided in this section, PCC shall pay for those items for which such option is exercised, less any
payment or compensation previously made.
10. ADVERTISING: Vendor agrees not to use the existence of The Contract or the name of the State of North Carolina as part of any
commercial advertising or marketing of products or Services. A Vendor may inquire whether PCC is willing to act as a reference by
providing factual information directly to other prospective customers.
11. ACCESS TO PERSONS AND RECORDS: During and after the term hereof, PCC Auditor and any using agency’s internal auditors
shall have access to persons and records related to The Contract to verify accounts and data affecting fees or performance under
the Contract, as provided in G.S. 143-49(9).
12. ASSIGNMENT: No assignment of the Vendor’s obligations nor the Vendor’s right to receive payment hereunder shall be permitted.
However, upon written request approved by the issuing purchasing authority and solely as a convenience to the Vendor, PCC may:
a) Forward the Vendor’s payment check directly to any person or entity designated by the Vendor, and
b) Include any person or entity designated by Vendor as a joint payee on the Vendor’s payment check.
In no event shall such approval and action obligate PCC to anyone other than the Vendor and the Vendor shall remain responsible
for fulfillment of all Contract obligations. Upon advance written request, PCC may, in its unfettered discretion, approve an assignment
to the surviving entity of a merger, acquisition or corporate reorganization, if made as part of the transfer of all or substantially all of
the Vendor’s assets. Any purported assignment made in violation of this provision shall be void and a material breach of The Contract.
13. INSURANCE: (AS APPLICABLE)
COVERAGE - During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such
type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and
maintain the following coverage and limits:
a) Worker’s Compensation - The Vendor shall provide and maintain Worker’s Compensation Insurance, as required by the laws
of North Carolina, as well as employer’s liability coverage with minimum limits of $500,000.00, covering all of Vendor’s employees
who are engaged in any work under the Contract in North Carolina. If any work is sub-contracted, the Vendor shall require the sub-
Contractor to provide the same coverage for any of his employees engaged in any work under the Contract within PCC.
b) Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the
minimum amount of $1,000,000.00 Combined Single Limit. Defense cost shall be in excess of the limit of liability.
c) Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles,
used within North Carolina in connection with the Contract. The minimum combined single limit shall be $250,000.00 bodily injury
and property damage; $250,000.00 uninsured/under insured motorist; and $2,500.00 medical payment.
REQUIREMENTS - Providing and maintaining adequate insurance coverage is a material obligation of the Vendor and is of the
essence of The Contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be
obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance
to do business in North Carolina. The Vendor shall at all times comply with the terms of such insurance policies, and all requirements
of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or The Contract. The
limits of coverage under each insurance policy maintained by the Vendor shall not be interpreted as limiting the Vendor’s liability and
obligations under the Contract.
14. GENERAL INDEMNITY: The Vendor shall hold and save PCC, its officers, agents, and employees, harmless from liability of any
kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work,
Services, materials, or supplies in connection with the performance of The Contract, and from any and all claims and losses accruing
or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of The Contract
and that are attributable to the negligence or intentionally tortious acts of the Vendor provided that the Vendor is notified in writing
within 30 days that PCC has knowledge of such claims. The Vendor represents and warrants that it shall make no claim of any kind
or nature against PCC’s agents who are involved in the delivery or processing of Vendor goods or Services to PCC. The
representation and warranty in the preceding sentence shall survive the termination or expiration of The Contract.
15. INDEPENDENT CONTRACTOR: Vendor shall be considered to be an independent contractor and as such shall be wholly
responsible for the work to be performed and for the supervision of its employees. Vendor represents that it has, or will secure at its
own expense, all personnel required in performing the services under this contract. Such employees shall not be employees of, or
have any individual contractual relationship with the State.
16. CONFIDENTIALITY: Any State information, data, instruments, documents, studies or reports given to or prepared or assembled by
or provided to the Vendor under The Contract shall be kept as confidential, used only for the purpose(s) required to perform The
Contract and not divulged or made available to any individual or organization without the prior written approval of PCC.
17. CARE OF PROPERTY: The Vendor agrees that it shall be responsible for the proper custody and care of any property furnished it
by PCC for use in connection with the performance of this contract or purchased by or for PCC for this contract, and Vendor will
reimburse PCC for loss or damage of such property while in Vendor’s custody.
18. OUTSOURCING: Any Vendor or subcontractor providing call or contact center services to the State of North Carolina or any of its
agencies shall disclose to inbound callers the location from which the call or contact center services are being provided.
If, after award of a contract, the contractor wishes to relocate or outsource any portion of performance to a location outside the United
States, or to contract with a subcontractor for any such the performance, which subcontractor and nature of the work has not
previously been disclosed to PCC in writing, prior written approval must be obtained from PCC agency responsible for the contract.
Vendor shall give notice to the using agency of any relocation of the Vendor, employees of the Vendor, subcontractors of the Vendor,
or other persons providing performance under a State contract to a location outside of the United States.
19. COMPLIANCE WITH LAWS: Vendor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements
that are applicable to the conduct of its business and its performance in accordance with The Contract, including those of federal,
state, and local agencies having jurisdiction and/or authority.
20. ENTIRE AGREEMENT: This Contract and any documents incorporated specifically by reference represent the entire agreement
between the parties and supersede all prior oral or written statements or agreements. This Contract, any addenda hereto, and the
Vendor’s proposal are incorporated herein by reference as though set forth verbatim.
All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall
survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable
Federal or State statutes of limitation.
21. AMENDMENTS: This Contract may be amended only by a written amendment duly executed by PCC and the Vendor.
22. NO WAIVER: Notwithstanding any other language or provision in The Contract, nothing herein is intended nor shall be interpreted
as a waiver of any right or remedy otherwise available to PCC under applicable law. The waiver by PCC of any right or remedy on
any one occasion or instance shall not constitute or be interpreted as a waiver of that or any other right or remedy on any other
occasion or instance.
23. FORCE MAJEURE: Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from
performing such obligations as a result of events beyond its reasonable control, including without limitation, fire, power failures, any
act of war, hostile foreign action, nuclear explosion, riot, strikes or failures or refusals to perform under subcontracts, civil insurrection,
earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
24. SOVEREIGN IMMUNITY: Notwithstanding any other term or provision in The Contract, nothing herein is intended nor shall be
interpreted as waiving any claim or defense based on the principle of sovereign immunity or other State or federal constitutional
provision or principle that otherwise would be available to PCC under applicable law.
Document Revision Date: 8/16/2018
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Completed 1 October 2020

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