VIEWS: 12 PAGES: 11 POSTED ON: 8/9/2011
Services Contract For Event: ______________________ Page 1 of 11 Services Contract Southern Illinois University Carbondale Carbondale, Illinois THIS CONTRACT is entered into this day of , 20 , by and between (hereinafter “CONTRACTOR”) and the BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY (hereinafter “PURCHASER”) a body politic and corporate of the State of Illinois, on behalf of on the campus of Southern Illinois University Carbondale. The PARTIES HEREBY AGREE that the Contractor will perform the following service for SIU: Performance by: Place at which service is to be delivered: Date(s), Time(s) of Performance(s): Type of Engagement: Plus the following additional items: . In consideration for the above-mentioned service, SIU will pay Contractor $ ( dollars). This amount includes all expenses for which SIU agrees to pay Contractor and is payable by University check immediately following the performance (except for University employees, who will be paid in accordance with University payroll policies) . PERFORMANCE: It is a material and substantially condition and requirement of the contract that the performance of service herein contracted must commence at the time specified above under date(s) and time(s) of performance(s). If CONTRACTOR breaches this contract, no payment shall be due or owed by PURCHASER. CONTRACTOR shall be liable for any loss suffered by PURCHASER for such breach of contract. TIME OF ESSENCE: CONTRACTOR and SIU each realize that TIME IS OF THE ESSENCE in order to accomplish the objectives of the performance and the terms of the Contract. GENERAL TERMS AND CONDITIONS: The contract is further conditioned upon the CONTRACTOR hereby agreeing to abide by the following terms, conditions, regulations and certifications: The following provisions are required by Illinois State Law 1. Appropriation Contingency Clause Anything in the Agreement to the contrary notwithstanding, if in any fiscal year the Illinois General Assembly, federal funding source, or other funding source, if applicable, fails to appropriate or otherwise make available sufficient funds for the Contract, the Agreement is subject to termination and cancellation without penalty, accelerated payment, or other recoupment mechanisms. (30 ILCS 500/20-60(b)) NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 email@example.com Form updated 08/12/10 Services Contract For Event: ______________________ Page 2 of 11 2. Bid-Rigging/Bid-Rotating Law The CONTRACTOR certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961. 3. Award of Contract / Bribery CONTRACTOR certifies that it is not barred from being awarded a contract or subcontract under Section 50.5 of the Illinois Procurement Code (30 ILCS 500/50/5 et seq.) or any regulation promulgated thereunder. Section 50-5 prohibits a contractor from entering into a contract with a State agency if the contractor has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, or it the contractor has made an admission of guilt of such conduct which is a matter of record. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. 4. Drug Free Workplace CONTRACTOR certifies compliance with all provisions of the Drug Free Work Place Act (30 ILCS 580/1 et seq.). If CONTRACTOR is an individual, he/she certifies that he/she will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the Contract. Further, CONTRACTOR agrees to abide by all University regulations governing use of University property and/or facilities, including regulations governing the possession and consumption of alcoholic beverages and regulations governing smoking. 5. Environmental Protection Act (Section 42) CONTRACTOR certifies in accordance with 30 ILCS 500/50-14 that CONTRACTOR is not barred from being awarded a contract under this Section which prohibits the CONTRACTOR from entering into a contract with the State of Illinois or a State agency by a person or business found by a court or the Pollution Control Board to have committed a willful or knowing violation of Section 42 of the Environmental Protection Act for a period of five (5) years from the date of the order containing the finding of violation. CONTRACTOR acknowledges that PURCHASER may declare the Contract void if this certification is false. 6. Record Retention CONTRACTOR or subcontractor, if applicable, shall maintain and make available to the Auditor General of the State of Illinois and PURCHASER, books and records relating to the performance of the Contract or subcontracts hereunder and necessary to support the amount charged PURCHASER under the Contract or subcontract hereunder. Books and records shall be maintained by CONTRACTOR for a period of three (3) years from the later of the date of final payment under the Contract or completion of the Contract and by the subcontractor for a period of three (3) years from the later of the date of final payment under the subcontract or completion of the subcontract. However, the three-year (3) period shall be extended for the duration of any audit in progress at the time of that period’s expiration. CONTRACTOR or subcontractor hereunder agrees to cooperate fully with any audit. CONTRACTOR shall include this paragraph in all subcontracts issued under the Contract. Failure to maintain the books and records required to be maintained under this paragraph shall establish a presumption in favor of PURCHASER for the recovery of any funds paid by PURCHASER for which the required books and records are not available. (30 ILCS 500/20-65) 7. Audit of Records Clause PURCHASER reserves the right for the State of Illinois, Office of the Auditor General, and/or Southern Illinois University’s internal auditors or their authorized representatives to perform compliance and/or financial audits, if deemed necessary. If it is decided that an audit of this Contract will be performed, CONTRACTOR will be given advance notice. CONTRACTOR shall maintain books, records and documents which support that goods and/or services provided and fees earned in accordance with the Contract and that the CONTRACTOR has complied with Contract terms and conditions. CONTRACTOR agrees to make available for the term of this Contract and the retention period of seven (7) years thereafter, any of the books, records and documents for inspection, audit, or reproduction. CONTRACTOR shall preserve all books, records and documents related to this Contract for a period of time which is the greater of seven (7) years from the Contract expiration date, or until all questioned costs or activities have been resolved to the satisfaction of the Southern Illinois University, or as required by applicable federal and state laws and regulations, which ever is longer. If this Contract is completely or partially terminated, the records relating to the work terminated shall be preserved and made available for a period of seven (7) years from the date of any resulting final settlement. Records, which relate to litigation or the settlement of claims arising out of performance or expenditures under this Contract to which exception has been taken by the auditors, shall be retained by CONTRACTOR or provided to Southern Illinois University until such litigation, claim, or exceptions have reached final disposition. Except for documentary evidence delivered pursuant to litigation or the settlement of claims arising out of the performance of this Contract, CONTRACTOR may, in fulfillment of his obligation to retain records as required by this clause, substitute photographs, microphotographs, or other authentic reproductions of such records, after the expiration of two (2) years following the last day of the month of reimbursement to CONTRACTOR of the invoice or voucher to which such records relate, unless a shorter period is authorized by Southern Illinois University. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 firstname.lastname@example.org Form updated 08/12/10 Services Contract For Event: ______________________ Page 3 of 11 8. Right to Audit Clause CONTRACTOR agrees to maintain books and records related to the performance of the contract and necessary to support amounts charged to the State under the contract for a minimum of 3 years from the last action on the contract. CONTRACTOR further agrees to cooperate fully with any audit and to make the books and records available to the Auditor General, chief procurement officer, internal auditor, and the purchasing agency. (30 ILCS 500/20-65) 9. International Anti-Boycott Certification CONTRACTOR certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under this Act. (30 ILCS 582/1 et seq.) 10. Sarbanes-Oxley Act The CONTRACTOR certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-10.5. Section 50-10.5 prohibits a CONTRACTOR from entering into a contract with a State agency if the CONTRACTOR, or any officer, director, partner, or other managerial agent of contractor, has been convicted within the last 5 years of a felony under the Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953 or if the contractor is in violation of Subsection (e). The CONTRACTOR further acknowledges that the chief procurement officer shall declare the related contract void if this certification is false. 11. State Prohibition Of Goods From Child Labor Act CONTRACTOR certifies in accordance with Public Act 94-0264 that no foreign-made equipment, materials, or supplies furnished to the State under the Contract have been produced in whole or in part by the labor of any child under the age of twelve (12). 12. State Prohibition Of Goods Forced Labor Act CONTRACTOR certifies in accordance with Public Act 93-0307 that no foreign-made equipment, materials, or supplies furnished to the State under the Contract have been produced in whole or in part by forced labor, convict labor, indentured labor under penal sanction. 13. Debt Delinquency Certification CONTRACTOR certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500/50-11. Section 50-11 prohibits a contractor from entering into a contract with a State agency if the contractor knows or should know that it, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. The CONTRACTOR further acknowledges that the Chief procurement officer may declare the related contract void if this certification is false. 14. Compliance with Laws CONTRACTOR agrees to comply with applicable provisions of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The Equal Opportunity Clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. CONTRACTOR shall comply with Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulation (41 C.F.R. Chapter 60) to the extent allowed by applicable law. 15. Governing Law The Contract and this Contract Rider, along with all attachments, shall be construed, governed and interpreted pursuant to the laws of the State of Illinois. All disputes arising under the Contract, this Contract Rider, and attachments, shall be brought before a proper state or federal court of competent jurisdiction in the State of Illinois. 16. Educational Loans If CONTRACTOR is an individual, he/she certifies that he/she is not in default on an educational loan as provided in Public Act 85-827. (5 ILCS 385/3) NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 email@example.com Form updated 08/12/10 Services Contract For Event: ______________________ Page 4 of 11 17. Disclosure of Business with Iran You must respond to the following request for information. Failure to respond will disqualify your firm from consideration in this solicitation. Within the 24 months before the submission of the bid, offer, or proposal the bidder, offer or, or proposing entity, or any of its corporate parents or subsidiaries, has had business operations that involved contracts with or provision of supplies or services to: (a) The Government of Iran; (b) Companies in which the Government of Iran has any direct or indirect equity share; (c) Consortiums or projects commissioned by the Government of Iran; or (d) Companies involved in consortiums or projects commissioned by the Government of Iran; AND (1) More than 10% of the company’s revenues produced in, or assets located in, Iran involve oil-related activities or mineral-extraction activities; less than 75% of the company’s revenues produced in, or assets located in, Iran involve contracts with or provision of oil-related or mineral extraction products or services to the Government of Iran or a project or consortium created exclusively by the government and the company has failed to take substantial action; OR (2) The company has, on or after August 5, 1996, made an investment of $20 million or more, or any combination of investments of at least $10 million each that in the aggregate equals or exceeds $20 million in any 12-month period, that directly or significantly contributes to the enhancement of Iran’s ability to develop petroleum resources of Iran. NO, the above information does NOT apply to our firm. SIGNATURE _________________________________ YES, the above information DOES apply to our firm. We understand that the University is required to notify the State Comptroller of this disclosure. SIGNATURE _________________________________ 18. Survival of Terms The terms and conditions of the Contract, necessary to protect the rights and interests of PURCHASER and CONTRACTOR respectively, shall survive the termination or expiration of this Contract. In addition, any other provision of or obligation under the Contract which contemplates performance or observance subsequent to any termination or expiration of this Contract (including but not limited to indemnification) shall survive any such termination or expiration, and shall continue in full force and effect. 19. Captions Headings or captions to the paragraphs are mere catchwords and are illustrative only. They are not intended to form any part or term of this Contract Rider, nor are they to be construed as having any intended meaning herein. 20. Equal Employment Opportunity Clause CONTRACTOR certifies that it will comply with all applicable provisions of the Headings or captions to the paragraphs are mere catchwords and are illustrative only. They are not intended to form any part or term of this Contract Rider, nor are they to be construed as having any intended meaning herein. 21. Exclusions Party List Certification CONTRACTOR certifies that neither it nor any of its employees or subcontractors who may provide services pursuant to this Contract is currently subject of an investigation or proceeding to exclude it as a provider under Medicare or Medicaid or under any other federal or state health care program or under any third party insurance program, nor is it currently excluded or debarred from submitting claims to Medicare or Medicaid or to any other federal or state health care program or to any third party insurer. CONTRACTOR represents and warrants it has checked the U. S. General Service Administration’s (GSA) Excluded Party Listing System (EPLS), which lists parties excluded from federal procurement and non-procurement programs. The EPLS website includes GSA/EPLS, the U.S. Department of Health and Human Services (HHS) Office of Inspector General’s (OIG) List of Excluded Individuals/Entities (LEIE), and the U.S. Department of Treasury’s (Treasury) Specially Designated Nationals (SDN) list. Contractor also represents and warrants it has checked the Illinois Department of Public Aid (IDPA) OIG Provider Sanctions list of individuals and entities excluded from state procurement with respect to Contractor's employees and agents. See the following websites: http://epls.arnet.gov and http://www.state.il.us/agency/oig/search.asp. University will terminate contract without penalty to University if CONTRACTOR becomes excluded during life of this Contract. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 firstname.lastname@example.org Form updated 08/12/10 Services Contract For Event: ______________________ Page 5 of 11 22. Revolving Door Vendor certifies it is not in violation of the “Revolving Door” section of the Illinois Procurement Code (30 ILCS 500/50-30). 23. Family Educational Rights and privacy Act (FERPA) Many student educational records are protected by the Family Educational Rights and Privacy Act (FERPA) and that the written authorization of student(s) must be obtained before student data can be released to anyone. CONTRACTOR shall be required to ensure all work under the contract complies with FERPA and to indemnify and hold harmless the UNIVERSITY from any claims, complaints, and/or causes of action arising from an alleged violation of FERPA. 24. Felons Certification The CONTRACTOR certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-10. Section 50-10 prohibits a contractor from entering into a contract with a State agency if the CONTRACTO has been convicted of a felony and 5 years have not passed from the completion of the sentence for that felony. The contractor further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. 25. Illinois Information Technology Accessibility Act (IITAA) As required by Illinois Public Act 095-0307, all information technology, including electronic information, software, systems, and equipment, developed or provided under this contract must comply with the applicable requirements of the Illinois Information Technology Accessibility Act Standards as posted at http://www.dhs.state.il.us/iitaa. 26. Illinois Use Tax Certification The CONTRACTOR certifies that it is not barred from being awarded a contract under 30 ILCS 500/50-12. Section 50-12 prohibits a contractor from entering into a contract with a State agency if the CONTRACTOR, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The CONTRACTOR further acknowledges that the chief procurement officer may declare the related contract void if this certification is false. 27. Lead poisoning Certification Pursuant to P.A. 94-879, if CONTRACTOR is the owner of residential rental property in Illinois, CONTRACTOR certifies that it has not committed a willful or knowing violation of the Illinois Lead Poisoning Prevention Act that has not been mitigated. 28. Multi-Year Contracts Anything in the Agreement to the contrary notwithstanding, if the term of this agreement extends beyond the end of the current fiscal year the Agreement is subject to termination and cancellation without penalty, accelerated payment, or other recoupment mechanisms, in any fiscal year for which the General Assembly (or other funding source, if applicable) fails to make adequate appropriation to cover the agency’s procurement obligations. 29. Successor Vendor Clause As provided in Section 25-80 of the Procurement Code, in order to be considered “responsible” under the Code any successor company to the CONTRACTOR on contract (except for heating and air conditioning, plumbing, or electrical services) must certify to the University that it shall offer to assume the collective bargaining obligations of the prior employer relative to the services covered by the contract and shall offer employment to all employees of the prior employer who perform work similar to that covered by the contract. 30. Vendor Legal Authorization CONTRACTOR certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 email@example.com Form updated 08/12/10 Services Contract For Event: ______________________ Page 6 of 11 The following provisions are required by Southern Illinois University Purchasing and/or General Counsel 31. Independent Parties CONTRACTOR and PURCHASER are independent parties. Nothing contained herein shall be deemed to create an agency, joint venture, franchise or partnership relation between the parties. Neither party shall obligate the other party in any way whatsoever, and nothing contained in this Contract Rider shall give or is intended to give any right of any kind to third persons. 32. Assignability Neither party may assign its rights under the Contract without the other party's prior written consent, which consent shall not be unreasonably withheld. An assignee of either party authorized under this Contract shall be bound by the terms of this Contract and shall have all of the rights and obligations of the assigning party set forth in the Contract. 33. Force Majeure Neither party shall be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is the result of an Act of God (e.g., fire, flood, inclement weather, epidemic, or earthquake); war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike, embargo; governmental acts, orders, or restrictions; failure of suppliers or third persons; or any other reason where failure to perform is beyond the reasonable control, and is not caused by the negligence, intentional conduct or misconduct of the defaulting party, and the defaulting party has exercised all reasonable efforts to avoid or remedy such force majeure. The defaulting party must provide notice of the force majeure event to the remaining parties as soon as practicable after such an event. PURCHASER shall not be liable for any payments to CONTRACTOR nor shall CONTRACTOR be required to perform or pay any damages for failing to perform under the Agreement. 34. Insurance At all times while CONTRACTOR is performing the services under the Contract and/or upon SIU property in preparation or removal of said performance, CONTRACTOR shall procure and maintain insurance coverage as listed below. The insurance company providing coverage must have a B+ VI or better rating in the current edition of Best’s Key Rating Guide. CONTRACTOR shall maintain such insurance for the duration of the event or the term for which services will be provided. A) Worker’s Compensation and Occupational Diseases at Illinois Statutory limits with Employer’s Liability at $500,000 per occurrence; B) Commercial General Liability (occurrence coverage): $1,000,000 per occurrence, General Aggregate of $3,000,000, and Personal Injury of $1,000,000; C) Commercial Auto Liability: combined Single Limit of $1,000,000 per occurrence or Bodily Injury of $1,000,000 per occurrence with Property Damage of $500,000 per occurrence. Umbrella liability insurance may be used to meet the general liability coverage limit requirements. Subcontractors must comply with the same insurance coverage requirements as CONTRACTOR and shall submit the required Certificate of Insurance through the CONTRACTOR. CONTRACTOR shall name PURCHASER as an additional insured on said Certificate of Insurance. The following wording shall appear on any Certificate of Insurance provided: "The Board of Trustees of Southern Illinois University is an additional insured for any liability incurred by Southern Illinois University arising from the activities of CONTRACTOR and/or subcontractors performing work on behalf of CONTRACTOR." CONTRACTOR shall furnish any original Certificate(s) of Insurance evidencing the required coverage to be in force on the date of the event no less than three (3) business days prior to the event. The receipt of any certificate does not constitute a contract by PURCHASER that insurance requirements have been met. Failure of PURCHASER to obtain certificates or other insurance evidence from the CONTRACTOR shall not be deemed a waiver by PURCHASER. 35. Health Insurance Portability and Accountability Act (HIPAA) The use and disclosure of patient health information and medical information is subject to compliance with applicable state and federal privacy laws. All uses and disclosures of protected health information shall be in compliance with the Health Insurance Portability and Accountability Act of 1966 ("HIPAA") and its promulgated regulations under 45 C.F.R. Parts 160 and 164. CONTRACTOR shall be required to indemnify and hold harmless the UNIVERSITY and PURCHASER from any claims, complaints, and/or causes of action arising from an alleged violation of HIPAA. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 firstname.lastname@example.org Form updated 08/12/10 Services Contract For Event: ______________________ Page 7 of 11 36. Indemnification CONTRACTOR and/or artist shall indemnify and hold PURCHASER, and its officials, representatives and employees harmless from and against any and all injury, loss, claims, damages, demands, or judgments for damages and expenses incidental to the defense thereof (including reasonable attorney’s fees) brought or entered against or incurred by, any or all of them to the extent such is a direct result of the negligent or wrongful act or omission of CONTRACTOR or its agents, employees or subcontractors in connection with the performance or act of CONTRACTOR under the Contract. This indemnification shall survive the termination of the Contract. To the extent permitted by Illinois law and not inconsistent with the doctrine of sovereign immunity, PURCHASER shall indemnify and hold harmless CONTRACTOR for any claims, demands, costs and expenses, including reasonable attorney’s fees, arising out of negligent actions by PURCHASER, its officers, employees and agents in the performance of obligations under this Contract; provided that said claims, demands, costs and expenses have not been caused or alleged to have been caused in whole or in part by the negligence or willful misconduct of CONTRACTOR. The parties agree that all claims against PURCHASER are subject to the Illinois Court of Claims Act, 705 ILCS 505 et seq. 37. Entire Agreement/Modification This Contract, consisting of sequentially numbered pages, together with the Contract and supporting documents constitutes the entire agreement and understanding between CONTRACTOR and PURCHASER and cancels, terminates, and supersedes any prior agreement or understanding relating to the subject matter hereof between PURCHSER and CONTRACTOR with respect to the services to be provided. No alterations or modifications to the original Contract or this Contract Rider will be valid unless made in writing and signed by both parties. None of the provisions of the Contract may be waived or modified, except as expressly provided for in the Contract or by mutual agreement in writing by both parties. CONTRACTOR understands that failure to comply with this requirement may result in the offer being disqualified and, if determined to be a deliberate attempt to misrepresent the agreement, may be considered as sufficient basis to suspend or debar the violating party from consideration for future contracts. The following provisions are required by 38. Length of Program It is understood that CONTRACTOR will perform a minimum of minutes and a maximum of minutes, excluding intermission unless otherwise stated in the original agreement 39. Public Appearances by CONTRACTOR It is agreed that all public appearances by the CONTRACTOR (i.e. receptions, private parties, master classes, and/or lecture demonstrations) during the time period commencing forty-eight (48) hours prior to the first performance and continuing twenty- four (24) hours after the final performance of this contract, in or about the Southern Illinois area shall be approved by PURCHASER. 40. Exclusivity CONTRACTOR agrees for a period of thirty (30) days prior or subsequent to the event date, not to present or allow to be presented the event contracted for herein within a fifty (50) mile radius of Carbondale, Illinois, without the prior written consent of PURCHASER, which may be withheld at PURCHASER's sole option. 41. Technical Requirements, Changes and Safety CONTRACTOR shall provide to PURCHASER in writing and not later than thirty (30) days prior to the event date all technical requirements for the event. If CONTRACTOR fails to fully supply this information PURCHASER shall not be liable for failure to provide any of the services and/or equipment which is contingent on same. PURCHASER cannot blindly commit to technical provisions of which it is not aware. Therefore, if CONTRACTOR has not made the Technical Rider or other similar document a part of the original Contract, but later desires to do so, or if CONTRACTOR wishes to change or amend an existing rider – even if such rider is marked "tentative" or "preliminary" – such addition or change shall be subject to negotiation and must be mutually agreed upon in writing and signed by both parties, who will negotiate such additions or changes in good faith. All provisions of any Technical Rider or other similar document shall be subject to the practical, architectural and safety limitations of venue. Such provisions shall be met by PURCHASER to the fullest extent possible. The final decision regarding the safety of such provisions shall rest with the PURCHASER, his/her designee, or, if contested, with the duly appointed University Safety Officer. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 email@example.com Form updated 08/12/10 Services Contract For Event: ______________________ Page 8 of 11 42. Security CONTRACTOR agrees to provide information deemed necessary by PURCHASER to assess the need for and to provide for security for the performance. Security will be provided solely by PURCHASER and at PURCHASER's discretion. CONTRACTOR agrees that CONTRACTOR is personally liable for the actions of its personnel. Failure of CONTRACTOR'S personnel to obey PURCHASER'S security regulations and procedures shall be a breach of this Contract Rider and the Contract, and the PURCHASER may immediately terminate this Contract and stop the performance. CONTRACTOR hereby acknowledges that CONTRACTOR has notified each member of the CONTRACTOR of the obligations under the Contract and as such, hereby agrees that the CONTRACTOR and all members of such shall be jointly and severally responsible for abiding by the requirements herein. 43. Terminate Event/Performance PURCHASER reserves the right to terminate the facility reservations and performance thereon for any activity if it determines, at PURCHASER'S sole discretion, that facility equipment or property are being damaged as a result of the event/performance, or if it determines in PURCHASER'S sole discretion, that the event/performance is endangering the health and safety of patrons, employees and/or performers, interfering with the overall process of PURCHASER, or infringing upon the rights of others. 44. Pyrotechnics CONTRACTOR agrees that it will not utilize, nor permit anyone else to utilize, any explosive pyrotechnics or fireworks within any University structure or on any University property at any time. 45. Failure To Use Requested Goods Or Services CONTRACTOR acknowledges that PURCHASER will go to considerable effort and expense to obtain goods and services requested by CONTRACTOR in the Contract and any attached riders. This includes, but is not limited to, technical equipment and services, amenities, vehicles and drivers. In the event that CONTRACTOR 'S needs change and such goods or services are no longer needed, and CONTRACTOR fails to cancel such goods or services in a timely manner, or CONTRACTOR fails to utilize such requested goods or services, CONTRACTOR shall reimburse PURCHASER for the full cost of such items and such cost shall not be allowed as a billable or reimbursable show expense to the CONTRACTOR. 46. Sign Interpreter In compliance with the Americans with Disabilities Act and if requested by an audience member, a sign interpreter for the hearing impaired may be located ON STAGE, down-stage-left. In such case, one (1) front-of-house spotlight shall be reserved for the sign interpreter and will be operated at a level under the control of PURCHASER. If this is a scripted presentation, in order for the sign interpreter to prepare for the event, CONTRACTOR shall provide PURCHASER with a copy of full, current and accurate script for this event not later than one (1) week prior to the event. The script will be returned to CONTRACTOR immediately following the final performance. 47. Cancellation Or Change Of Date Or Time Neither party may cancel for any reason other than those stated in this Section. CONTRACTOR may cancel or change date or time of event(s), and if CONTRACTOR does so for any reason other than those stated in any force majeure clause, "Act of God" clause, or any other cancellation or change provisions included in the original Contract, CONTRACTOR shall reimburse PURCHASER for all out-of-pocket expenses including expenses already incurred incidental to the event as well as those incurred as a result of the cancellation or change of date/time, not to exceed one thousand dollars ($1,000.00). Out-of-pocket expenses shall be submitted in writing to CONTRACTOR who shall remit same to PURCHASER within sixty (60) days of the cancellation or change. 48. License Fees/Copyright CONTRACTOR represents and warrants that its performance in all respects (including any sheet music, lyrics, or script as may be desired by PURCHASER) will not violate any copyright, and that all necessary approvals to perform copyrighted works have been obtained in advance. CONTRACTOR agrees to indemnify, defend and save harmless the PURCHASER against any copyright claim, demand, liability or expense caused by or arising out of its performance. CONTRACTOR is solely responsible for payment of all charges, assessments, royalties or license fees required for the right to perform or use any and all material by the CONTRACTOR during the event except for ASCAP/BMI/SESAC licenses for the performance of music. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 firstname.lastname@example.org Form updated 08/12/10 Services Contract For Event: ______________________ Page 9 of 11 49. Publicity CONTRACTOR, or any agent or employee thereof, shall not use, in its external advertising, marketing programs, or promotional efforts, any data, pictures or other representation of PURCHASER or Southern Illinois University, except on the specific written authorization in advance by PURCHASER'S designated representative. The following provisions are required by Shryock Auditorium 50. Lighting Limitations PURCHASER has a limited inventory of lighting instruments, dimmers, and circuits. If this inventory does not meet the needs of CONTRACTOR, the parties herein shall negotiate in good faith a compromise lighting plot requiring something between the requested number of instruments and PURCHASER's inventory. If necessary, PURCHASER shall rent additional equipment to meet the needs of the compromise lighting plot. 51. Console Locations. a. Due to the limited seating capacity of Shryock Auditorium, the sound and/or lighting control console(s) cannot be located so as to require the removal of seats or the blocking of view of ticket patrons. Therefore, only those locations indicated on this chart are available for the placement of such equipment. These locations are under a balcony overhang and, although this is not the ideal mix position, it is the best which the Auditorium can make available. b. At CONTRACTOR'S option, CONTRACTOR may locate the sound and/or lighting console(s) in front of the balcony overhang, provided that CONTRACTOR requests such location in writing, at least fourteen (14) days in advance of the first event date and reimburses PURCHASER at the highest ticket price for any seat rendered unusable by the console(s) including seats in front of the console(s) which must be used for overhanging plugs and wires and at least two rows directly behind the console(s). In addition, CONTRACTOR shall reimburse PURCHASER at a rate of one-half (1/2) the highest ticket price for any seat for which the console(s) in any way would obstruct the view of the stage. Reimbursement shall be in cash prior to the placement of the console(s) or, at CONTRACTOR option, PURCHASER may deduct such reimbursement from CONTRACTOR'S fee. 52. Concessions and Merchandise CONTRACTOR shall not have the right to sell food, drinks, or any other type of refreshment in the theater. CONTRACTOR shall have the right to sell souvenir programs, books, records, CD's, tapes, t-shirts, etc. in the lobby of the theater on the event date provided that CONTRACTOR pays to PURCHASER from the gross sales of such items, twenty percent (20%) if CONTRACTOR provides seller or twenty-five percent (25%) if PURCHASER provides seller. Payment shall be made in cash within one (1) hour after the conclusion of each event. Due to the limited lobby space in Shryock Auditorium, concessionaires may use not more than one (1) eight-foot (8') table. NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 email@example.com Form updated 08/12/10 Services Contract For Event: ______________________ Page 10 of 11 Taxpayer Identification, Legal Status and Signatures 53. Taxpayer Identification Under penalties of perjury, CONTRACTOR certifies that the name, taxpayer identification number and legal status listed below are correct. Payment will be made to: Name: Address: Phone Number: Fax Number: Email: Taxpayer Identification Number (SSN or FEIN): If CONTRACTOR is an individual, enter CONTRACTOR’S name and SSN as it appears on CONTRACTOR’S Social Security Card. If completing this certification for a sole proprietorship, enter the owner’s name followed by the name of the business and the owner’s SSN. For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN. 54. Legal Status CONTRACTOR certifies that CONTRACTOR'S legal status is: 01 Individual CHECK ONLY ONE 02 Sole Proprietor 03 Limited Liability Corporation 03 Partnership/Legal Corporation 04 Corporation 04 Tax Exempt Organization (IRC 501(a) only) 04 Not-for-profit Organization 04 Corporate Bypass 06 Medical Corporation, Medical & Health Care Service Provider Corporation 08 Government Entity 10 Estate 10 Trust 11 Pharmacy – Non Corporate 13 Non-resident Alien Individual, Foreign Corporation, Partnership, Estate or Trust 15 Pharmacy/Funeral/Cemetery Corporation 16 Tax Exempt Other NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 firstname.lastname@example.org Form updated 08/12/10 Services Contract For Event: ______________________ Page 11 of 11 THE PARTIES HEREBY AGREE that by signing this Services Contract herein below, they each are bound to and shall abide by the terms and conditions enumerated herein. Name of Sponsoring Organization FAS and AIS Account Numbers SIUC INTERNAL APPROVALS: ____________________________________ Sponsoring Organization’s Adviser Date ____________________________________ ______________________________ Fiscal Officer Date General Counsel Date (signature required only if payment amount exceeds $5,000, if the language of this agreement is modified, or if an addendum or rider is added) BOARD OF TRUSTEES OF CONTRACTOR SOUTHERN ILLINOIS UNIVERSITY BY: BY: SIGN AND DATE ___________________________________ _________________________________ Date Wallace Burman, Director Purchasing Printed Date Southern Illinois University Carbondale Name:___________________________ PRINT NAME NOTE: Contact Tracy Lake, Accountant, University Programming, Southern Illinois University Carbondale, Prior to making any changes on this Contract! 618 | 453-2521 email@example.com Form updated 08/12/10
"Standard Services Contract - Southern Illinois University Carbondale"