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Meeting minutes for Consolidated Student Senate, University of Nevada, Las Vegas, August 04, 2003

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2003-08-04

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Includes meeting minutes and agenda, along with additional information about contracts.

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uac001093
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uac001093. Consolidated Students of the University of Nevada, Las Vegas Records, 1965-2019. UA-00029. Special Collections and Archives, University Libraries, University of Nevada, Las Vegas. Las Vegas, Nevada. http://n2t.net/ark:/62930/d1q52gc50

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University of Nevada, Las Vegas Student Government Office of the Senate President STUMDEEENTTI NSGEN 3A3T-2E4 MONDAY, AUGUST4, 2003 MSU 202, 4:00PM I. CALL TO ORDER SENATE PRESIDENT AMESQUITA calls the meeting to order at 4 PM. II. ROLL CALL Present Rachael Wagner Peter Goatz Nikki Flinner Ryan Cianci Nicole Sunstrom E. Faon Cobb Gina Marie Nissen Kevin Mullinax Holly Nye Lisa Soldano Aaron Arneson Dustin Crawford Eric Anderson Nick Heeg Dave Langhaim III. PLEDGE ( No pledge of allegiance because we didn't have a flag. IV. PUBLIC COMMENT V. NEW BUSINESS A. Action Item: Discussion/ Approval of amount not to exceed $500.00 for the Happy Campers to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. SENATOR MULLINAX moves to combine and approve Action Item: A-I. 3F ALLEGIANCE Absent Jessica Zarndt (Excused) Chester Corpuz (Excused) Josh Goihl (Excused) Sherry Snyder (Excused) Mark Ulep (Excused) Sherrelle Blood (Excused) Betty Thompson (Excused) CONSOLIDATED STUDENTS • UNIVERSITY OF NEVADA 4505 MARYLAND PARKWAY • LAS VEGAS, NEVADA 89154-2009 • (702) 895-3645 • FAX (702) 895-4606 Seconded by SENATOR CIANCI. Motion passes unanimously. SENATOR MULLINAX moves to approve Action Items: A-I. Seconded by SENATOR ANDERSON. Motion passes unanimously. B. Action Item: Discussion/ Approval of amount not to exceed $2,500.00 for Yellowcard to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. C. Action Item: Discussion/ Approval of amount not to exceed $1,000.00 for Funk Machine to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. D. Action Item: Discussion/ Approval of amount not to exceed $8,000 for "Bogus Productions" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. E. Action Item: Discussion/ Approval of contract for Bogus Productions for "Rebel Ruckus" on October 17, 2003. As submitted by Senator Arneson. (See Attachment 33-24.01) F. Action Item: Discussion/ Approval of contract for Yellowcard to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.02) G. Action Item: Discussion/ Approval of contract for Bogus Productions for the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.03) H. Action Item: Discussion/ Approval of contract for Happy Campers to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.04) I. Action Item: Discussion/ Approval of contract for Funk Machine to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.05) J. Action Item: Discussion/ Approval an additional $142.32 to be paid for the purchase of six computer friendly desk. Cost to be encumbered from the CSUN 2702 FY02-03 Senate Discretionary account. As submitted by Senate President Pro Tempore Goatz. SENATOR NISSEN moves to approve. Seconded by SENATOR ANDERSON. SENATOR FLINNER asks why we need to approve this extra money. SENATE PRESIDENT AMESQUITA said that there was a miscalculation. Motion passes unanimously. K. Action Item: Discussion/ Approval of an $8.00 per hour wage for Krista Donnelly for performing the duties of Senate secretary. Pay is to be retroactive starting form Senate meeting 33-21. Cost to be encumbered form the CSUN 2702 FY 03-04 Voluntary Transfers Account. As submitted by Senate President Amesquita. SENATOR WAGNER enters at 4:05 PM. SENATOR MULLINAX moves to approve. Seconded by SENATOR HEEG. SENATOR FLINNER said that the amount should be taken out of the Wages Account, not out of the voluntary transfers account. She moves to amend the item to strike "voluntary transfers," and insert "wages." Seconded by SENATOR ANDERSON. Motion passes unanimously. SENATOR LANGHAIM moves waivers per semester" after "per h toou ar mweangde "t hteo ibtee mta kanend ionuste ortf "thane dV soixlu cnrteadryit fee Transfers Fee Waiver Account. Seconded by SENATOR ANDERSON. Amendment passes unanimously. Motion passes unanimously. SENATOR COBB enters at 4:07 PM. VI. EXECUTIVE BOARD ANNOUNCEMENTS AND SUMMATIONS STUDENT BODY PRESIDENT MORADKHAN said that Coach Robinson's Luncheon will be on August 21. CSUN has 18 tickets to go, and we have to include who is attending the lunch in our budget. SENATE PRESIDENT AMESQUITA said Krista Jorge is looking for volunteers for welcome week. There will be tables set up in the MSU, CBC, or on the North Field, so please sign up. All you have to do is welcome students to UNLV. Next Monday, August 11, 2003 the meeting will be at 4:00 PM. We'll be on campus somewhere, so please check the agenda, and remember that items are due today by 5 pm. SENATOR CIANCI said that the bylaws committee met today. They will be having another meeting shortly. SENATE PRESIDENT AMESQUITA said thanks to everyone for coming SENATOR FLINNER said that Campus Safety will be meeting on Wednesday at 5:30 PM in the conference room. SENATOR CIANCI motions to adjourn the meeting at 4:15 PM. Seconded by SENATOR NISSEN. VII. GOOD OF THE SENATE VIII. ADJOURNMENT SENATE PRESIDENT AMESQUITA adjourns the meeting at 4:15 PM. Posted in accordance with Nevada Open Meeting Law (N.R.S. 241.000) at the following locations: Moyer Student Union, Frank & Estella Beam Hall, Flora Dungan Humanities, and theClassroom Building Complex. SENATE SECRETARY KRISTA M. DONNELLY University of Nevada, Las Vegas Student Government Office of the Senate President Michael J. Amesquita Jr. STUDENT SENATE MEETING 33-24 MONDAY, AUGUST4, 2003 MSU 201, 4:00PM Peter Goatz Senate President Pro Tempore II. Jessica Zarndt Health Sciences Rachael Wagner Liberal Arts CALL TO ORDER ROLL CALL III. PLEDGE OF ALLEGIANCE Nikki Flinner Education Ryan Cianci Liberal Arts Chester Corpuz Business Josh Goihl Business Sherry Snyder Business Nicole Sunstrum Education E. Faon Cobb Engineering ' ' <rk Vlep neering fin Mullinax Fine Arts Holly Nye Fine Arts Lisa Soldano Health Science Aaron Arneson Hotel Administration Dustin Crawford Sciences Sherrelle Blood Urban Affairs Gina Marie Nissen Urban Affairs Betty Thompson Education Eric Anderson Liberal Arts Nick Heeg Hote AdministrationI David Langhaim Student Development IV. PUBLIC COMMENT V. NEW BUSINESS A. Action Item: Discussion/ Approval of amount not to exceed $500.00 for the Happy Campers to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. B. Action Item: Discussion/ Approval of amount not to exceed $2,500.00 for Yellowcard to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. C. Action Item: Discussion/ Approval of amount not to exceed $1,000.00 for Funk Machine to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. D. Action Item: Discussion/ Approval of amount not to exceed $8,000 for "Bogus Productions" on August 29, 2003. Money to be encumbered from the CSUN 2702 FY03-04 Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. E. Action Item: Discussion/ Approval of contract for Bogus Productions for "Rebel Ruckus" on October 17, 2003. As submitted by Senator Arneson. (See Attachment 33-24.01) CONSOLIDATED STUDENTS • UNIVERSITY OF NEVADA 4505 MARYLAND PARKWAY • LAS VEGAS, NEVADA 89154-2009 • (702) 895-3645 • FAX (702) 895-4606 F. Action Item: Discussion/ Approval of contract for Yellowcard to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.02) G. Action Item: Discussion/ Approval of contract for Bogus Productions for the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.03) H. Action Item: Discussion/ Approval of contract for Happy Campers to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.04) I. Action Item: Discussion/ Approval of contract for Funk Machine to perform at the "Rebel Kickoff Tailgate" on August 29, 2003. As submitted by Senator Arneson. (See Attachment 33-24.05) J. Action Item: Discussion/ Approval an additional $142.32 to be paid for the purchase of six computer friendly desk. Cost to be encumbered from the CSUN 2702 FY02-03 Senate Discretionary account. As submitted by Senate President Pro Tempore Goatz. K. Action Item: Discussion/ Approval of an $8.00 per hour wage for Krista Donnelly for performing the duties of Senate secretary. Pay is to be retroactive starting form Senate meeting 33-21. Cost to be encumbered form the CSUN 2702 FY 03-04 Voluntary Transfers Account. As submitted by Senate President Amesquita. VI. EXECUTIVE BOARD ANNOUNCEMENTS AND SUMMATIONS VII. GOOD OF THE SENATE VIII. ADJOURNMENT Posted in accordance with Nevada Open Meeting Law (N.R.S. 241.000) at the following locations: Moyer Student Union, Frank & Estella Beam Hall, Flora Dungan Humanities, and theClassroom Building Complex. CONTRACT FOR PROVIDING Production Services FOR THE UNIVERSITY OF NEVADA, LAS VEGAS (UNLV) CONSOLIDATED STUDENTS OF THE UNIVERSITY OF NEVADA This CONTRACT is made and entered into on the 28th day of July, 2003. by and between the Board of Regents of the University and Community College System of Nevada, on behalf of the Consolidated Students of the University of Nevada, Las Vegas, (hereinafter called "UNLV") and BOGUS PRODUCTIONS (hereinafter called "Agency"), for the providing of staging, lighting, fencing, audio, Port-o-Potties, backline, production staff, tents, stage barricade, power, security (see attached Item A), as identified in Agency's Proposal dated July 28th 2003." WITNESSETH: WHEREAS, UNLV requires Agency capable to Production Service, and; WHEREAS, Agency is qualified to provide such services; NOW, THEREFORE, in consideration of the premises and mutual covenants, terms, conditions, obligations, and agreements contained herein, and other good and valuable consideration, the parties agree as follows: ARTICLE I: TERM The Term of this contract shall be from October 17th 2003. ARTICLE II: SCOPE OF CONTRACT The Scope of the initial portion of this Contract shall be as is noted in Agency's Proposal dated July 28th 2003. If there are any conflicts with that Proposal and this Contract, the terms of this Contract shall prevail. UNLV shall, at its sole option, develop additional job-specific Scopes of Work in the event it elects to request additional services from Agency. Nothing in this Contract shall be construed as guaranteeing Agency that any additional Scopes of Work will be actually requested. This Contract, together with all attachments, proposal documents, Appendixes, Exhibits and other appendices thereto, constitutes the entire Contract between the parties and supersedes all previous Contracts, whether written or oral between the parties with respect to the subject matter hereof, whether expressed or implied and shall bind the parties unless the same be in writing and signed by the parties. The parties hereto further understand and agree that the other party and its agents have made no representations or promises with respect to this Contract, except as in this Contract expressly set forth. ARTICLE III: AMOUNT OF CONTRACT The amount to be paid to Agency for work performed under this contract shall not exceed $ 11,750 (Eleven thousand seven hundred and fifty dollars and zero cents). However, UNLV may elect at any time, at its sole convenience, (see Article V, J), and cease the issuance of any payments. In the event of such cancellation, Agency acknowledges that it will not be due any monies except for work already completed or in progress In the event UNLV shall request additional services from Agency during the term of this Contract or during any allowable renewals, payments shall be made as agreed to between Agency and UNLV but in no case will payments for such additional services be made until such services are performed and accepted by UNLV. Any such payments and any such payment schedules shall be as negotiated between UNLV and Agency prior to the commencement of any work. All payments shall be made within thirty days of acceptance of the related invoice. Should the acceptance of such invoices be in doubt, Agency shall not be due any interest or penalty on any unpaid amounts. In case of default by the Contractor, the University reserves the right to hold the Contractor responsible for any actual, consequential or incidental damages. ARTICLE IV: INSURANCE, LIABILITY & INDEMNIFICATION A. INSURANCE 1. Prior to providing the services noted herein, or any other services during the term of this Contract and/or any renewals, Agency is required, to purchase and maintain such insurance as will protect both it and UCCSN from claims set forth below which may arise out of or result from Agency's operations under the Contract, whether such operations be by Agency or by any sub-Contractor or by anyone directly or indirectly employed by Agency as sub-contractor, or by anyone for whose acts Agency or sub-contractor may be liable. Agency's insurance shall be primary as respects UCCSN and the Agency, their officers, employees and volunteers. Such insurance shall include, but not be limited to the following: in the event the limits are less than is required by UCCSN, the higher limits shall prevail; in the event Agency is unable to obtain the necessary, noted coverage's, the requirements of Paragraph C, below, shall still prevail. 2. Nevada State Industrial Insurance, or workman's compensation, in the amounts and forms as required by the Nevada Industrial Insurance Act and the Nevada Occupational Disease Act, if applicable; 3. Policy of General Liability, on an "occurrence" basis only, of no less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, including death, personal injury, and property damage; 4. Automobile Liability coverage, with limits of no less than one million dollars ($1,000,000) combined single limit "per accident" for bodily injury and property damage, for claims for damage because of bodily injury or death of any person, or property damage arising out of the ownership, maintenance or use of motor vehicles, whether owned, hired, or non-owned. NOTE: UCCSN. ITS OFFICERS. EMPLOYEES. & VOLUNTEERS MUST BE EXPRESSLY COVERED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THIS PROJECT. SUCH NOTATION SHALL APPEAR ON THE CERTIFICATE OF INSURANCE. A COPY OF THE CERTIFICATE OF INSURANCE SHALL BE FURNISHED TO UCCSN PRIOR TO PROVIDING THE SERVICE UNDER THIS CONTRACT. 5. In accordance with NRS 680A.300 any policy or duplicate policy of insurance of any kind upon persons, property or risks resident, located or to be performed in the State of NEVADA, SHALL BE COUNTERSIGNED BY A DULY APPOINTED AND LICENSED AGENT RESIDENT IN THIS STATE. 6. Each insurance policy supplied by Agency must be endorsed to provide that the coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days prior written notice by certified mail "return receipt requested" has been given to UCCSN. This notice requirement does not waive the insurance requirements contained herein. B. OFFICIAL, AGENT AND EMPLOYEES OF OWNER NOT PERSONALLY LIABLE It is agreed by and between UNLV and Agency that in no event shall any official, officer, employee, or agent of UNLV in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. C. INDEMNITY Agency shall indemnify, defend, and hold harmless UCCSN, its officers, employees, and agents from and against any and all liabilities, claims, losses, costs or expenses to the person or property of another, lawsuits, judgments, and/or expenses, including attorney fees, arising either directly or indirectly from any act or failure to act by Agency or any of its officers or employees, which may occur during or which may arise out of the performance of this Agreement. ARTICLE V: MISCELLANEOUS PROVISIONS A. USE OF UNIVERSITY NAME AND/OR LOGO IN ADVERTISING Agency acknowledges that it cannot use the name of the Board of Regents of the University and Community College System of Nevada (UCCSN), UCCSN, UNLV, the UNLV Logo or an other related name in the performance of its services, in its advertising, or in the production of any materials related to this Contract, without the prior written approval of UNLV. B. OWNERSHIP OF MATERIALS Agency acknowledges that all materials it produces under this Contract and/or any renewals will become the property of UNLV immediately upon receiving any payment for the services performed in developing such materials. Agency is to provide such materials to UNLV immediately upon receiving UNLV request for same. C. CONFIDENTIALITY By signing this Agreement, Agency acknowledges that any materials and/or data that may result from its efforts, as related to this Agreement, are the property of the University of Nevada Las Vegas (UNLV), and, as such, may not be disseminated in any form whatsoever to any person, group or organization without the prior written authorization of UNLV. Agency further acknowledges that it is acting as the Custodian of Record for all materials and/or data that may result from the Agreement and that all such materials and/or data must be transmitted, in its/their original and copied form, to UNLV within 72 hours of UNLV request to do so, and that its role as Custodian of Record shall remain as long as it has in its possession any such referenced materials and/or data. Agency further acknowledges that it is not to retain any such referenced materials and/or data in any form, whether originals or copies, upon termination of this Agreement. Agency acknowledges that UNLV would be materially harmed if such confidentiality is not maintained and any referenced material and/or data was disseminated in any form without UNLV prior written approval. D. SUCCESSORS AND ASSIGNS UNLV and Agency each binds itself and its partners, successors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Except as noted above, neither UNLV nor Agency shall assign, sublet or transfer i ts i nterest i n t his C ontract w ithout the written c onsent o f t he o ther. N othing herein shall be construed as creating any personal liability on the part of any officer or agent of UNLV. E. WAIVER A failure or delay of either party to enforce at any time any of the provisions of this contract, shall not be construed to be a waiver of a party's right to enforce strict compliance of such provisions(s) of this Contract. F. SEVERABILITY In the event any one or more of the provisions of this Contract shall for any reason be held to be invalid, illegal, or unenforceable, such provision(s) shall be treated as severable, leaving the remaining provisions of this Contract unimpaired, and the Contract shall be construed as if such invalid, illegal or unenforceable provision(s) were not present. G. MODIFICATION No alteration, modification, amendment, or supplement to this Contract or any of its provisions shall be effective, enforceable or binding unless made in writing and duly signed by the parties. H. COMPLIANCE Vendors are required to comply with all OSHA, EPA, ADA and other relevant state and federal standards, codes and regulations that may apply. In order that the University may determine whether the Contractor has complied with the requirements of the Contract Documents, the Contractor shall, at any time when requested, submit to the University, properly authenticated documents or other satisfactory proofs as to compliance with such requirements. I. TERMINATION FOR CAUSE If, through any cause, UNLV shall fail to fulfill in a timely and proper manner its obligations under this contract or if UNLV shall violate any of the covenants, agreements or stipulations of this Agreement, Agency shall, in writing, notify UNLV of the issue(s) and afford UNLV 30 days to cure. Agency, if issue(s) has not been cured, will thereupon have the right to terminate this Contract by giving written notice to UNLV of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. Agency shall be entitled to receive just and equitable compensation for any work satisfactorily completed through date of termination. J. TERMINATION FOR CONVENIENCE UNLV may terminate this Contract at any time by giving at least fifteen (15) days' notice in writing to the Agency. If Agency is terminated by UNLV as provided herein, Agency will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of Agency covered by this contract, less payments of compensation previously made. K. FORCE MAJEURE Neither party shall be liable for defaults or delays due to Acts of God or the public enemy, acts or demands of any Government or any Governmental agency, strikes, fires, floods, accidents or other unforeseeable causes beyond its control and not due to its fault or negligence. Each party shall notify the other in writing of the cause of such delay within five (5) days after the beginning thereof. L. HEADINGS The headings in this Contract are for purposes of convenience and reference only and shall not in any way define, limit, extend or otherwise affect the meaning or interpretation of any of the terms hereof. M. INDEPENDENT CONTRACTOR The Agency shall be subject to and operate under all applicable Federal, State, City and Municipal Enactment's Codes, and Ordinances and those of the State of Nevada regarding Industrial Insurance and expressly covenants and agrees that the Agency's employees engaged on the work hereunder are not, and shall not be treated or considered as the servants and employees of the University, it being the intention of the parties hereto that the Agency shall be and remain an Independent Contractor, and that nothing herein contained shall be construed inconsistent with that status. Agency hereby covenants and agrees to save and hold harmless the University from and against any and all damages, claims, costs or expenses whatsoever, due to the existence of such enactment's codes, ordinances, and of any and all claims, costs and expenses in connection therewith under any claim or subrogation provided by said enactment's codes, ordinances or otherwise. N. TAXES, LICENSES AND PERMITS It is the Agency's responsibility for securing all required licenses, permits, franchises, lawful authority and insurance necessary for the proper execution and completion of the work involved. The University and Community College System of Nevada is exempt from paying state, local and federal excise taxes. O. GOVERNING LAW This Contract shall be governed by the laws of the State of Nevada. In case action is brought on this Agreement, it is agreed that the venue of such action shall lie in Clark County, State of Nevada, and each party agrees to submit to the personal jurisdiction of such court. P. ENTIRE CONTRACT This Contract, together with all Attachments, Proposal documents, Exhibits and other appendices hereto, constitutes the entire Contract between the parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. BY: Bogus Productions F880388124A EIN (Employee Identification No) APPROVED: BY: Brian Saliba, Bogus Productions Date BOARD OF REGENTS OF THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA ACTING ON BEHALF OF THE UNIVERSITY OF NEVADA, LAS VEGAS, APPROVED: BY: Anthony B. Flores, Vice President for Finance Date CONTRACT FOR PROVIDING Yellowcard music performance FOR THE UNIVERSITY OF NEVADA, LAS VEGAS (UNLV) CONSOLIDATED STUDENTS OF THE UNIVERSITY OF NEVADA This CONTRACT is made and entered into on the 29th day of July, 2003, by and between the Board of Regents of the University and Community College System of Nevada, on behalf of the Consolidated Students of the University of Nevada, Las Vegas, (hereinafter called "UNLV") and Yellowcard (hereinafter called "Agency"), for the providing of the musical performance of Yellowcard, as identified in Agency's Proposal dated July 28th. 2003. WITNESSETH: WHEREAS, UNLV requires Agency capable to Musical performance, and; WHEREAS, Agency is qualified to provide such services; NOW, THEREFORE, in consideration of the premises and mutual covenants, terms, conditions, obligations, and agreements contained herein, and other good and valuable consideration, the parties agree as follows: ARTICLE I: TERM The Term of this contract shall be from August 29th 2003. ARTICLE II: SCOPE OF CONTRACT The Scope of the initial portion of this Contract shall be as is noted in Agency's Proposal dated July 29th 2003. If there are any conflicts with that Proposal and this Contract, the terms of this Contract shall prevail. UNLV shall, at its sole option, develop additional job-specific Scopes of Work in the event it elects to request additional services from Agency. Nothing in this Contract shall be construed as guaranteeing Agency that any additional Scopes of Work will be actually requested. This Contract, together with all attachments, proposal documents, Appendixes, Exhibits and other appendices thereto, constitutes the entire Contract between the parties and supersedes all previous Contracts, whether written or oral between the parties with respect to the subject matter hereof, whether expressed or implied and shall bind the parties unless the same be in writing and signed by the parties. The parties hereto further understand and agree that the other party and its agents have made no representations or promises with respect to this Contract, except as in this Contract expressly set forth. ARTICLE III: AMOUNT OF CONTRACT The amount to be paid to Agency for work performed under this contract shall not exceed $ 2.500.00 (two thousand and five hundred dollars and zero cents). However, UNLV may elect at any time, at its sole convenience, (see Article V, J), and cease the issuance of any payments. In the event of such cancellation, Agency acknowledges that it will not be due any monies except for work already completed or in progress In the event UNLV shall request additional services from Agency during the term of this Contract or during any allowable renewals, payments shall be made as agreed to between Agency and UNLV but in no case will payments for such additional services be made until such services are performed and accepted by UNLV. Any such payments and any such payment schedules shall be as negotiated between UNLV and Agency prior to the commencement of any work. All payments shall be made within thirty days of acceptance of the related invoice. Should the acceptance of such invoices be in doubt, Agency shall not be due any interest or penalty on any unpaid amounts. In case of default by the Contractor, the University reserves the right to hold the Contractor responsible for any actual, consequential or incidental damages. ARTICLE IV: INSURANCE, LIABILITY & INDEMNIFICATION A. INSURANCE 1. Prior to providing the services noted herein, or any other services during the term of this Contract and/or any renewals, Agency is required, to purchase and maintain such insurance as will protect both it and UCCSN from claims set forth below which may arise out of or result from Agency's operations under the Contract, whether such operations be by Agency or by any sub-Contractor or by anyone directly or indirectly employed by Agency as sub-contractor, or by anyone for whose acts Agency or sub-contractor may be liable. Agency's insurance shall be primary as respects UCCSN and the Agency, their officers, employees and volunteers. Such insurance shall include, but not be limited to the following: in the event the limits are less than is required by UCCSN, the higher limits shall prevail; in the event Agency is unable to obtain the necessary, noted coverage's, the requirements of Paragraph C, below, shall still prevail. 2. Nevada State Industrial Insurance, or workman's compensation, in the amounts and forms as required by the Nevada Industrial Insurance Act and the Nevada Occupational Disease Act, if applicable; 3. Policy of General Liability, on an "occurrence" basis only, of no less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, including death, personal injury, and property damage; 4. Automobile Liability coverage, with limits of no less than one million dollars ($1,000,000) combined single limit "per accident" for bodily injury and property damage, for claims for damage because of bodily injury or death of any person, or property damage arising out of the ownership, maintenance or use of motor vehicles, whether owned, hired, or non-owned. NOTE: UCCSN. ITS OFFICERS. EMPLOYEES. & VOLUNTEERS MUST BE EXPRESSLY COVERED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF THE ACTIVITIES BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THIS PROJECT. SUCH NOTATION SHALL APPEAR ON THE CERTIFICATE OF INSURANCE. A COPY OF THE CERTIFICATE OF INSURANCE SHALL BE FURNISHED TO UCCSN PRIOR TO PROVIDING THE SERVICE UNDER THIS CONTRACT. 5. In accordance with NRS 680A.300 any policy or duplicate policy of insurance of any kind upon persons, property or risks resident, located or to be performed in the State of NEVADA, SHALL BE COUNTERSIGNED BY A DULY APPOINTED AND LICENSED AGENT RESIDENT IN THIS STATE. 6. Each insurance policy supplied by Agency must be endorsed to provide that the coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days prior written notice by certified mail "return receipt requested" has been given to UCCSN. This notice requirement does not waive the insurance requirements contained herein. B. OFFICIAL, AGENT AND EMPLOYEES OF OWNER NOT PERSONALLY LIABLE It is agreed by and between UNLV and Agency that in no event shall any official, officer, employee, or agent of UNLV in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. C. INDEMNITY Agency shall indemnify, defend, and hold harmless UCCSN, its officers, employees, and agents from and against any and all liabilities, claims, losses, costs or expenses to the person or property of another, lawsuits, judgments, and/or expenses, including attorney fees, arising either directly or indirectly from any act or failure to act by Agency or any of its officers or employees, which may occur during or which may arise out of the performance of this Agreement. ARTICLE V: MISCELLANEOUS PROVISIONS A. USE OF UNIVERSITY NAME AND/OR LOGO IN ADVERTISING Agency acknowledges that it cannot use the name of the Board of Regents of the University and Community College System of Nevada