THIS AGREEMENT IS BETWEEN GLENVILLE STATE COLLEGE LOCATED AT 200 HIGH ST., GLENVILLE WV 26351 AND THE VENDOR.
THIS AGREEMENT DOES NOT CONSTITUTE AN EMPLOYEE RELATIONSHIP. THE VENDOR SHALL REMAIN AN INDEPENDENT CONTRACTOR.
SECTION 1 – VENDOR INFORMATION
The Vendor must submit an original W9 if their vendor information is not on file in FIMS or the vendor information on file in FIMS is incorrect.
Vendor’s FIMS # Click here to enter text.
Vendor’s Business Designation (BD): Choose an item.
Vendor’s Name Click here to enter text.
Vendor’s Address Click here to enter text.
Vendor’s Phone # Click here to enter text.
Vendor’s Employment Status Choose an item.
Vendor’s Email Address Click here to enter text.
Certification Statement
It is hereby certified that the service(s) to be performed under this agreement by this Vendor 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.
Vendor’s Title Supervisor’s Signature
Date
First effective date(s) of service
SECTION 2 - DESCRIPTION OF SERVICES
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Last effective date of service Click here to enter a date.
The Vendor agrees to perform the service(s) described below for Glenville State College which shall include but is not limited to all labor, equipment, materials, supplies and any travel related expense unless otherwise stated within the Description of Services. Any travel related expenses that are reimbursed or paid for by Glenville State College must be in accordance with the College’s Travel Policies and Procedures.
DESCRIPTION OF SERVICES
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SECTION 3 – COMPENSATION/PAYMENT TERMS
The Vendor must submit an invoice to be paid for any services rendered. The Vendor Name on the invoice must match the Vendor Name in Section 1.
Compensation
For Service
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Payment Frequency Lump Sum (Single Payment)
Choose an not to exceed
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item.
Does the Vendor accept VISA for payment?
No
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SECTION 4 – TERMS AND CONDITIONS
Attached or on reverse side of form.
Also available on the following link: http://www.glenville.edu/pdfs/GSC_Standard_Terms_and_Conditions.pdf
Fund Orgn Account Amount
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SECTION 5 – APPROVAL/ACCEPTANCE
Upon signature, the parties certify that they have read and understood the Agreement and the Terms and Conditions and accept such without modification.
Glenville State College
(Area/Department)
Vendor
(Authorized Representative)
Glenville State College
(College Official)
Signature
Date
Date

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Revised 08/16/07
ACCELERATION: Payments will not be accelerated in any event.
ACCEPTANCE: The Vendor shall be bound by this Purchase Order/Agreement/Contract and its Terms and Conditions upon receipt of this Purchase Order/Agreement/Contract. This Purchase
Order/Agreement/Contract 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.
AMENDMENTS: All amendments, modifications, alterations, or changes to the Purchase Order/Agreement/Contract must be in writing and signed by both parties.
APPLICABLE LAW: The laws of the State of West Virginia and the Procedural Rules of the Higher Education Policy Commission shall govern all rights and duties under the Purchase
Order/Agreement/Contract, including without limitation, the validity of the Purchase Order/Agreement/Contract.
ASSIGNMENT: Neither this Purchase Order/Agreement/Contract nor any monies due, or to become due hereunder, may be assigned by the Vendor without the institution’s written consent. The
Institution reserves the right to assign the agreement to another State of West Virginia agency, board or commission upon thirty days (30) written notice to the Vendor. The Vendor must obtain the written consent of the Institution prior to assigning the Purchase Order/Agreement/Contract.
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ATTORNEY FEES: The Institution recognizes an obligation to pay attorney’s fees only when assessed by a court of competent jurisdiction.
CANCELLATION: The Institution may cancel any Purchase Order/Agreement/Contract upon 30 days written notice to the Vendor.
COMPLIANCE: The Vendor shall comply with all federal, state, and local laws, regulations, and ordinances including, but not limited to, the prevailing wage rates of the West Virginia Division of
Labor, if applicable.
COPYRIGHT: The parties agree that the copyright of any items generated under this agreement is vested completely in and owned by Glenville State College and that the vendor has no ownership or intellectual property interest in the items generated. Glenville State College has no duty to credit the vendor when Glenville State College uses or publishes the item and the vendor has no rights in the items generated other than those specifically detailed in this Purchase Order/Agreement/Contract.
DELIVERY: For exceptions to the delivery date as specified in the Purchase Order/Agreement/Contract, the Vendor shall give prior notification and obtain the approval of the Institution. Time is of the essence of this Purchase Order/Agreement/Contract and it is subject to termination by the Institution for failure to deliver on time.
DISPUTES: Disputes arising out of the Purchase Order/Agreement/Contract shall be submitted to the West Virginia Court of Claims.
HOLD HARMLESS/INDEMNIFY: The Institution will not agree to indemnify or hold the Vendor or any other party harmless because such agreement is not consistent with state law.
INSURANCE: The Institution will not provide insurance for equipment or property of any kind and name the Vendor as beneficiary or as an additional insured.
LIMITATION OF LIABILITY: The Institution, as a State entity, does not agree to assume the potential liability of a Vendor. The Vendor’s liability for direct damages, warranty, etc…is not limited to a certain dollar amount or to the amount of the Purchase Order/Agreement/Contract and includes any action for injury to persons or damages to personal property.
MODIFICATIONS: The writing is the parties’ final expression of intent. No modification of the Purchase Order/Agreement/Contract shall be binding unless agreed in writing by the Institution.
NON FUNDING: All services performed or goods delivered under this Purchase Order/Agreement/Contract are to be continued for the term of the Purchase Order/Agreement/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/Agreement/Contract becomes void and of no effect after June 30 without penalty. Non-appropriation or non-funding shall not be considered an event of default.
OPEN MARKET CLAUSE: The Chief Procurement Officer may authorize purchases on the open market for items specified on this Purchase Order/Agreement/Contract for immediate delivery in emergencies due to unforeseen causes (including but not limited to delays in transportation or an unanticipated increase in the volume of work.)
ORDER NUMBERS: Purchase Order/Agreement/Contract numbers shall be clearly shown on all acknowledgements, shipping labels, packing slips, invoices, and correspondence.
PAYMENTS AND INTEREST ON LATE PAYMENTS: Payments may only be made after the delivery of goods or services. Interest may be paid on late payments in accordance with the West Virginia
Code.
RECOUPMENT: The Institution reserves the right to set-off, counterclaim, recoupment, or other defense.
RENEWAL: The Purchase Order/Agreement/Contract may be renewed only upon mutual written agreement of the parties.
REJECTION: All goods, materials, or services purchased or acquired herein are subject to approval of the Institution. Any rejection of goods, materials, or services in non-conformity to the terms, conditions or specifications of the Purchase Order/Agreement/Contract, whether held by the Institution or returned to the Vendor, will be at the Vendor’s risk and expense.
RIGHT TO NOTICE: The Institution must have thirty (30) day written notice of the intent to repossess any goods or equipment.
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 after the date specified in the Purchase Order/Agreement/Contract.
SIMILAR SERVICES: The Institution reserves the right to obtain similar goods and/or services in the event of default or non-funding during the term of the Purchase Order/Agreement/Contract.
STATUTE OF LIMITATION: The Institution may bring suit without limitation of time against the Vendor, Lessor, and/or any other party.
TAXES: The State of West Virginia (the Institution) is exempt from Federal, State and Local taxes and will not pay or reimburse such taxes for any Vendor including individuals, nor will the
Institution file any tax return or reports on behalf of Vendor or any other party.
TERMINATION/TERMINATION CHARGES: In the event of a breach by the Vendor of any of the provisions of this Purchase Order/Agreement/Contract, the Institution reserves the right to cancel and terminate the Purchase Order/Agreement/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. The Institution will only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the
Institution prior to the end of any current Purchase Order/Agreement/Contract term.
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VENDOR: For the purposes of these Terms and Conditions, the “Vendor” means the vendor whose quotation, bid, proposal or expression of interest has been accepted and has received a lawfully issued Purchase Order/Agreement/Contract from the Institution.
WARRANTY: The Vendor expressly warrants that the goods and/or services covered by this Purchase Order/Agreement/Contract 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 of all liens, claims, and encumbrances of any kind; and/or (d) be free from defect in material and workmanship.

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