Fillable Professional Consulting Services Contract (Southwest Tennessee Community College)

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Professional Consulting Services Contract (Southwest Tennessee Community College)

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Professional and Consulting Services Contract
AGREEMENT BETWEEN
SOUTHWEST TENNESSEE COMMUNITY COLLEGE AND
_____________________________________________________________________________________
This Agreement is made this ____ day of _______________, 20___, by and between the
Southwest Tennessee Community College, hereinafter referred to as the "College", and
________________________________________________________________, hereinafter
referred to as "Contractor".
W I T N E S S E T H:
In consideration of the mutual promises herein contained, the parties have agreed and do
hereby enter into this Agreement according to the provisions set out herein:
A. The Contractor agrees to perform the following services:
B. The College agrees to compensate the Contractor as follows:
1. Rate of compensation
Southwest Tennessee Community College • Professional and Consulting Services Contract
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2. Timetable for payments – the College has up to 30 days to pay the Contractor
per TBR policy.
3. Payments to the Contractor shall be made according to the schedule set out above,
provided that payments shall be made only upon submittal of invoices by the
Contractor, and after performance of the portion of the services which the invoiced
amount represents. The final payment shall be made only after the Contractor has
completely performed its duties under this Agreement. The College has up to 30
days to pay after the Contractor has fulfilled their duties.
If the Contractor is a non-resident alien, payment of any portion of the contract from
any source will not be made by the College until an Individual Taxpayer Identification
Number or Social Security Number has been assigned to the Contractor by the
Internal Revenue Service and Immigration Naturalization Service and presented to
the College.
4. In no event shall the liability of the College under this contract exceed
$_______________.
C. The pa
rties further agree that the following shall be essential terms and conditions of this
Agreement.
1. The Contractor warrants that no part of the total contract amount provided herein
shall be paid directly or indirectly to any officer or employee of the state of
Tennessee as wages, compensation, or gifts in exchange for acting as officer, agent,
employee, sub-Contractor, or consultant to the Contractor in connection with any
work contemplated or performed relative to this Agreement.
If the
Contractor is an individual, the Contractor warrants that within the past six
months he/she has not been and during the term of this contract will not become an
employee of the State of Tennessee.
2. The parties agree to comply with Titles VI and VII of the Civil Rights Act of 1964, Title
IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of
Southwest Tennessee Community College • Professional and Consulting Services Contract
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1973, Executive Order 11,246, the Americans with Disabilities Act of 1990 and the
related regulations to each. Each party assures that it will not discriminate against
any individual including, but not limited to, employees or applicants for employment
and/or students because of race, religion, creed, color, sex, age, disability, veteran
status or national origin.
The parties also agree to take affirmative action to ensure that applicants are
employed and that employees are treated during their employment without regard to
their race, religion, creed, color, sex, age, disability, veteran status, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection available to
employees and applicants for employment.
3. Prohibition on Hiring Illegal Immigrants. Tennessee Public Chapter No. 878 of 2006,
TCA 12-4-124, requires that Contactor attest in writing that Contractor will not
knowingly utilize the services of illegal immigrants in the performance of this Contract
and will not knowingly utilize the services of any subcontractor, if permitted under this
Contract, who will utilize the services of illegal immigrants in the performance of this
Contract. The attestation shall be made on the form, Attestation re Personnel Used
in Contract Performance (“the Attestation”), which is attached and hereby
incorporated by this reference as Attachment I.
If Contractor is discovered to have breached the Attestation, the Commissioner of
Finance and Administration shall declare that the Contractor shall be prohibited from
contracting or submitting a bid to any Tennessee Board of Regents College or any
other state entity for a period of one (1) year from the date of discovery of the
breach. Contractor may appeal the one (1) year by utilizing an appeals process in
the Rules of Finance and Administration, Chapter 0620.
4. Contractor must complete the attached minority/ethnicity report to determine if
they’re a minority owned business.
The Contractor is ☐ is not ☐ a minority owned business. A minority owned
business is a business which is solely owned, or at least fifty-one percent (51%) of
Southwest Tennessee Community College • Professional and Consulting Services Contract
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the assets or outstanding stock which is owned, by an individual who personally
manages and controls the daily operations of such business and who is impeded
from normal entry into the economic mainstream because of past practices of
discrimination based on race, religion, ethnic background, or sex.
5. The
Contractor, being an independent contractor and not an employee of this
College, agrees to carry adequate public liability and other appropriate forms of
insurance, to pay all taxes incident hereunto, and otherwise protect and hold the
College harmless from any and all liability not specifically provided for in this
agreement.
6. The term of this agreement shall be from (beginning date) ____________________
to (ending date) _____________________.
7. This Agreement may be terminated by either party by giving written notice to the
other, at least ______ days before the effective date of termination. In that event,
the Contractor shall be entitled to receive just and equitable compensation for any
satisfactory authorized work completed as of the termination date.
8. If the Contractor fails to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Contractor shall violate any of the terms of this Agreement, the
College shall have the right to immediately terminate this Agreement and withhold
payments in excess of fair compensation for work completed.
Notwithstanding the above, the Contractor shall not be relieved of liability to the
College for damages sustained by virtue of any breach of this Agreement by the
Contractor.
9. This Agreement may be modified only by written amendment executed by all parties
hereto.
10. The Contractor shall maintain documentation for all charges against the College
under this Agreement. The books, records, and documents of the Contractor, insofar
as they relate to work performed or money received under this Agreement, shall be
Southwest Tennessee Community College • Professional and Consulting Services Contract
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maintained for a period of three full years from the date of the final payment, and
shall be subject to audit, at any reasonable time and upon notice, by the College or
the Comptroller of the Treasury, or their duly appointed representatives.
11. The Contractor shall not assign this Agreement or enter into sub-contracts for any of
the work described herein without obtaining the prior written approval of the College
or Tennessee Board of Regents, as appropriate. Approval shall not be given if the
proposed subcontractor was or is currently ineligible to bid on the contract.
12. The Contractor shall submit to the College progress reports if requested by the
College.
13. This Agreement shall not be binding upon the parties until it is approved by the
president or designee, the Vice Chancellor for the Tennessee Technology Centers or
designee or the Tennessee Board of Regents, as appropriate.
14. This Agreement shall be governed by the laws of the State of Tennessee.
15. Any and all claims against the College, its officers, agents, and employees in
performing any responsibility specifically required under the terms of this agreement
shall be submitted to the Board of Claims or the Claims Commission of the State of
Tennessee. Damages recoverable against the College shall be limited to claims paid
by the Board of Claims or the Claims Commission pursuant T.C.A. Section 9-8-301,
et. seq.
16. The Contractor shall be registered with the Department of Revenue for the collection
of Tennessee sales and use tax. This registration requirement is a material
requirement of this Contract.
17. The Contractor shall assist the Institution in monitoring the Contractor's performance
of this commitment by providing, as requested, a quarterly report of participation in
the performance of this Contract by small business enterprises and businesses
owned by minorities, women, and Tennessee service-disabled veterans. Such
reports shall be provided to the Institution in form and substance as required by
Southwest Tennessee Community College • Professional and Consulting Services Contract
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Institution.
18. The Contractor agrees that in the course of providing services it will follow the data
security and access standards promulgated by the Tennessee State Office of
Information Resources when accessing or providing data to the Institution.
19. IF APPLICABLE: The Contractor warrants and represents that the service and
software, including any updates, provide to the institution will meet the accessibility
standards set forth in WCAG 2.0 AA (also known as ISO standard, ISO/IEC 40500:
2012) and will be compliant with Section 508 of the Americans with Disabilities Act
(ADA).
20. IF APPLICABLE: Payment to the Contractor for travel, meals or lodging shall be in
the amount of actual cost or per diem, subject to maximum amounts and limitations
specified in the Tennessee Board of Regents policies, as they may be from time to
time amended.
In wit
ness whereof, the parties have by their duly authorized representatives set their
signatures.
CONTRACTOR
SOUTHWEST
SIGN: _____________________________
SIGN: _____________________________
TITLE: _____________________________
TITLE: _____________________________
DATE: ____________________________
DATE: ____________________________
Southwest Tennessee Community College • Professional and Consulting Services Contract
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ATTACHMENT I
ATTESTATION RE PERSONNEL USED IN CONTRACT PERFORMANCE
The Contractor, identified above, does hereby attest, certify, warrant, and assure that the
Contractor shall not knowingly utilize the services of an illegal immigrant in the
performance of this Contract and shall not knowingly utilize the services of any
subcontractor who will utilize the services of an illegal immigrant in the performance of
this Contract.
SIGNATURE &
DATE:
Signature Date
NOTICE: This attestation MUST be signed by an individual empowered to
contractually bind the Contractor. If said individual is not the chief
executive or president, this document shall attach evidence showing the
individual’s authority to contractually bind the Contractor.
Southwest Tennessee Community College • Professional and Consulting Services Contract
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In order to comply with reporting regulations as required by the State of Tennessee and the United States
federal income tax laws, it is necessary that the following information be provided prior to the issuance of
any University contract.
1. Name of Contractor:
_______________________________________
Federal ID / Social Security Number:
_______________________________________
2. Is Contractor a US citizen?
Yes
No
If no, state country of citizenship:
___________________________________________
(If not a US Citizen, please include a copy of Visa with
this form.)
3. Kind of Ownership (Check all that apply):
Govt. (GO)
Agency of the State of Tennessee (SA)
Non-Profit (NO)
Majority (MJ)
Minority* (see reverse side for definition)
Woman (WO)** (see reverse side for definition)
Small (SM)*** (see reverse side for definition)
4. Minority / Ethnicity Code (Check One):
African American (MA)
Native American (MN)
Hispanic American (MH)
Asian American (MS)
Other Minority (MO)
Specify: _________
5. Preference for reporting purposes: (Note: If Contractor qualifies in multiple categories as small, woman-
owned and/or minority, Contractor is to specify in which category he / she is to be considered for reporting
and classification purposes.)
Small Minority Woman-Owned
TENNESSEE BOARD OF REGENTS
HIGHER EDUCATION SYSTEM
Minority / Ethnicity Form
Southwest Tennessee Community College • Professional and Consulting Services Contract
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6. Certification: I certify that all the information as completed above is accurate and true.
_______________________________________________ _________________________
Signature Date
Name (Printed): ___________________________________________
Title: _____________________________________________________
*Minority Ownership Clarification:
"Minority owned business" means a business that is a continuing, independent, for profit business which performs a
commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more minority
individuals who are impeded from normal entry into the economic mainstream because of past practices of
discrimination based on race or ethnic background.
"Minority" means a person who is a citizen or lawful permanent resident of the United States and who is:
a) African American (a person having origins in any of the black racial groups of Africa);
b) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or
origin, regardless of race);
c) Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the
Indian subcontinent, or the Pacific Islands); or
d) Native American (a person having origins in any of the original peoples of North America).
**Woman-Owned Business Clarification:
A "woman-owned business" means a woman owned business that is a continuing, independent, for profit business
which performs a commercially useful function, and is at least fifty-one percent (51%) owned and controlled by one or
more women; or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is
owned and controlled by one (1) or more women and whose management and daily business operations are under
the control of one (1) or more women.
Southwest Tennessee Community College • Professional and Consulting Services Contract
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***Small Business Ownership Clarification:
A "small business" means a business that is independently owned and operated for profit, is not dominant in its field
of operation and is not an affiliate or subsidiary of a business dominant in its field of operation.
The Governor's Office of Diversity Business Enterprise establishes small business guidelines on industry size
standards. The criteria guidelines are required to be met in order for a business to be considered small. The annual
receipts or number of employees indicates the maximum allowed for a small business concern and its affiliates to be
considered small.
TYPE OF BUSINESS
ANNUAL GROSS
SALES
NO. OF
EMPLOYEES
Agriculture, Forestry, Fishing
$500,000
9
Architectural / Design / Engineering
$2,000,000
30
Construction
$2,000,000
30
Educational
$1,000,000
9
Finance, Insurance & Real Estate
$1,000,000
9
Information Systems / Technology
$2,000,000
30
Manufacturing
$2,000,000
99
Marketing / Communications / Public Relations
$2,000,000
30
Medical / Healthcare
$2,000,000
30
Mining
$1,000,000
49
Retail Trade
$750,000
9
Service Industry
$500,000
9
Transportation, Commerce & Utilities
$1,000,000
9
Wholesale Trade
$1,000,000
19
Southwest Tennessee Community College • Professional and Consulting Services Contract
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Completed 23 July 2020

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