Meeting minutes for Consolidated Student Senate, University of Nevada, Las Vegas, July 11, 2005

CSUN SENATE MEETING 35-22 MONDAY, July 11th, 2005 MSU 201, 4:00PM I. CALL TO ORDER SENATE PRESIDENT ESPINOZA calls the meeting to order at 4:06pm II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES The following minutes are submitted for approval: 35-21 Minutes pass 14-1-0 SENATOR HUERTA opposes V. PUBLIC COMMENT Public comment will be taken during this agenda item. No action may be taken on a matter raised under this item until the matter is included on an agenda as an item on which action may be taken. The Chairman may place reasonable limitations as to the amount of time individuals may address the Senate. The Chairman may elect to allow public comment on a specific agenda item when that agenda item is being considered. VI. REPORTS A. Senate Committee Reports B. Faculty Senate/University Committee Reports C. Business Manager Report D. Liaison Reports i. Student Involvement Activities ii. Residence Hall Association iii. Student Athletics iv. Student Health Advisory Committee v. ROTC vi. Leadership Advisory Board E. Directors i. Campus Life 1 ii. CSUN Services iii. Entertainment and Programming iv. Elections v. Marketing vi. NSA vii. OIT viii. Publications F. Rebel Yell Report VII. Informational Item: Presentation on possible CSUN involvement with a campus wide proctoring program. As presented by Dean Yasbin of the College of Sciences VIII. EXECUTIVE BOARD ANNOUNCEMENTS IX. CONSENT AGENDA A. Action Item: Approval of an amount not to exceed $1,000.00 to be paid to Boulevard Trophies for nameplates, trophies, etc... Costs to be encumbered from the CSUN 2702 FY06 Operations budget. As submitted by the Executive Board B. Action Item: Approval of an amount not to exceed $1,000.00 to be paid to Abbott Trophies for nameplates, trophies etc... Costs to be encumbered from the CSUN 2702 FY06 Operations budget. As submitted by the Executive Board C. Action Item: Approval of an amount not to exceed $3,500.00 for Rebel Nation wristbands. Costs to be encumbered from the CSUN 2702 FY06 Marketing (Discretionary) budget. As submitted by the executive board on behalf of Director Ponchavinin Pass D. Action Item: Approval of an amount not to exceed $4,500.00 for "fight song" cards. Costs to be encumbered from the CSUN 2702 FY06 Marketing (Discretionary) budget. As submitted by the executive board on behalf of Director Ponchavinin Pass X. UNFINISHED BUSINESS A. ACTION ITEM: APPROVAL of two (2) students to serve as Assistant Directors of Entertainment and Programming for a term ending on April 30, 2006. As submitted by the Executive Board. c SENATE PRESIDENT PRO TEMPORE MULLEN AX moves to amend the item inserting Blake Hannon SENATOR DONNELLY seconds Amendment passes 19-0-0 Item passes 19-0-0 B. ACTION ITEM: APPROVAL of one (1) student to serve as Assistant Director for the Office of Student Information for a term ending on April 30, 2006. As submitted by the Executive Board. Item is postponed until 35-23 19-0-0 C. ACTION ITEM: APPROVAL of one (1) student to serve as Assistant Director of Marketing for a term ending April 30, 2006. As submitted by the Executive Board. Item passes 18-0-1 SENATE PRESIDENT PRO TEMPORE MULLINAX abstains D. ACTION ITEM: APPROVAL of one (1) student to serve as Assistant Director of Nevada Student Affairs for a term ending April 30, 2006. As submitted by the Executive Board. Item is postponed until 35-23 19-0-0 E. Action Item: Approval of Senator Villa to serve on the Constitutional Revisions Committee for the remainder of the 35 t h session. As submitted by Senator SENATOR MOSES Item passes 19-0-0 c F. Action Item: Approval_of a contract between CSUN and Spinmedia. As submitted by the Executive Board. See attachment 35.22.01 Item passes 19-0-0 G. Action Item: Approval of a contract between CSUN and Christian Hardigree. As submitted by the Executive Board. See attachment SENATOR MOSES moves to combine and approve G H I and J SENATOR HUERTA seconds 19-0-0 Items passed H. Action Item: Approval to remove Article VII, item B of the CSUN Constitution as submitted by Senator Moses on behalf of Dave Hill. I. Action Item: Approval of an amount not to exceed $8,000 to be transferred to the University College for the Major Exploration Fair. Cost to be encumbered from the CSUN 2702 FY06 Discretionary (Campus Events) budget. As submitted by Senator Donnelly on behalf of the University College. J. Action Item: Approval of an amount not to exceed $3,000.00 for the annual, "Love Your Body Day". Costs to be encumbered from the CSUN 2702 FY 05 Discretionary budget. As submitted by the executive board. K. Action Item: Approval of $3,500.00 for a Directors Retreat. Costs to be encumbered from the CSUN 2702 FY05 Discretionary (Hosting) budget. As submitted by the Executive Board. L. Action Item: Committing Bylaw 59 to the Bylaws Committee to review article II sections B and C to remove a Senators pay for attending senate meetings and to chairmen for running a committee meeting. As submitted by Senator Johns. M. Action Item: Approval of the Liberal Arts Textbook Assistance Scholarship money to be used for the purchase of gift certificates from the UNLV Bookstore as submitted by Senator Moses. c XI. NEW BUSINESS A. Action Item: Approval of Senator Hooshmand and Senator Seneveratne to serve as members of the Rules and Ethics committee for the remainder of their term. As submitted by Senator Donnelly and Senator Mullinax on behalf of the Rules and Ethics Committee. B. Action Item: Nomination/ Selection of Senator Donnelly and Senator Novotny to serve as members of the Bylaws committee for the remainder of their term. As submitted by Senate President Espinoza. C. Action Item: Approval of Thuri Seneveratne and Amy Herter to serve as members of the Campus Safety and Awareness committee for the remainder of their term. As submitted by Senator Donnelly and Senator Dearmas on behalf of the Campus Safety and Awareness committee. D. Action Item: Nomination/ Selection of (1) senator to serve as a member of the Scholarship committee for the remainder of their term. As submitted by VPPT Ashley Ferrel. E. Action Item: Nomination/ Selection of (1) UNLV CSUN Senator to serve as the chair for the Bylaws Committee. As submitted by Senate President Espinoza. F. Action Item: Nomination/Selection of (1) UNLV CSUN Senator to serve as the chair for the Rules and Ethics Committee. As submitted by Senate President Espinoza G. Action Item: Nomination/Selection of one (1) CSUN student to serve as a Senator for the College of Business. As submitted by Senate President Espinoza H. Action Item: Approval for Adam Lewis to serve as assistant publications director for a term ending in April 2006. As submitted by the Executive Board on behalf of Director Marazita. I. Action Item: Approval of one (1) CSUN student to serve as assistant publications director for a term ending in April 2006. As submitted by the Executive Board on behalf of Director Marazita. J. Action Item: Approval of a contract between Keppler Speakers and UNLV CSUN for Dr. Drew Pinsky to come and speak at UNLV. As submitted by the executive board on behalf of Director Yasbin. See attachment 35.22.03 c K. Action Item: Approval of the CSUNFY06 budget. As submitted by the Executive Board. See attachment 35.22.04 L. Action Item: Approval of an amount not to exceed $800.00 for the purchase of polo shirts. As submitted by the Executive Board. M. Action Item: Approval of $10,357.00 to be transferred to Office of Information Technology for the completion of CSUN/OIT Wireless Internet project. Costs to be encumbered from the CSUN 2702 FY06 Reserves budget as submitted Senator Huerta and Senator Villa. SENATOR HUERTA moves to amend the item inserting 5,357 SENATOR JIMENEZ seconds 18-0-1 SENATE PRESIDENT PRO TEMPORE MULLINAX abstains Item passes 18-1-1 SENATOR PIRO opposes SENATOR FLORES abstains XII. EXECUTIVE BOARD SUMMATIONS XIII. GOOD OF THE SENATE XIV. ADJOURNMENT c. c 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 Dugan Humanities, and the Classroom Building Complex. STUDENT SENATE PRESIDENT SENATE SECRETARY MICHAEL J. AMESQUITA, JR. AARON SPENCER c U N LVCSUN S T U D E N T G O V E R N M E N T Student Senate President Adriel Espinoza CSUNSENATE MEETING 35-22 MONDAY, July 11th, 2005 MSU 201, 4:00PM KevinMullinax „„ r v n n r u Senate President Pr\-Tempori^-ALL TO ORDER Fine Arts II. VI. c Henry Jimenez Liberal Arts Adrian Huerta Engineering jjt Viviana Dearmas Education Kara Donnelly jy University Studies Daly Sorvongsavanh Business Ryan Cochran Business * • Patricia Gabriel Business Rosaura Gonzalez usiness /redJohns Business Evelyn Flo res Liberal Arts Andres Moses Liberal Arts Mike Wong University Studies Zarinah T. Washington Urban Affairs John Piro Urban Affairs Matthew LaCarra Science Amanda Van Houten Nursing Victor Villa Engineering Gisele Farkas Hotel Administration Jenna Novotny Hotel Administration Christina Hooshmand Education Thurithabhani Seneviratne Science Anthony Mcintosh University Studies Amy Herter Health Sciences Melody Melendez ne Arts ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES The following minutes are submitted for approval: 35-21 PUBLIC COMMENT Public comment will be taken during this agenda item. No action may be taken on a matter raised under this until the matter is included on an agenda as an item on which action may be taken. The Chairman may place reasonable limitations as to the amount of time individuals may address the Senate. The Chairman may elect public comment on a specific agenda item when that agenda item is being considered. REPORTS item to allow A. Senate Committee Reports B. Faculty Senate/University Committee Reports C. Business Manager Report D. Liaison Reports i. Student Involvement Activities Residence Hall Association Student Athletics Student Health Advisory Committee ROTC Leadership Advisory Board Directors i. Campus Life CSUN Services Entertainment and Programming Elections Marketing NSA OIT Publications F. Rebel Yell Report E. u. iii. iv. v. vi. u. iii. iv. v. vi. vii. viii. VII. Informational Item: Presentation on possible CSUN involvement with a campus wide proctoring program. As presented by Dean Yasbin of the College of Sciences VIII. EXECUTIVE BOARD ANNOUNCEMENTS IX. CONSENT AGENDA A. Action Item: Approval of an amount not to exceed $1,000.00 to be paid to Boulevard Trophies for nameplates, trophies, etc... Costs to be encumbered from the CSUN 2702 FY06 Operations budget. As submitted by the Executive Board B. Action Item: Approval of an amount not to exceed $1,000.00 to be paid to Abbott Trophies for nameplates, trophies etc... Costs to be encumbered from the CSUN 2702 FY06 Operations budget. As submitted by the Executive Board C. Action Item: Approval of an amount not to exceed $3,500.00 for Rebel Nation wristbands. Costs to be encumbered from the CSUN 2702 FY06 Marketing (Discretionary) budget. As submitted by the executive board on behalf of Director Ponchavinin D. Action Item: Approval of an amount not to exceed $4,500.00 for "fight song" cards. Costs to be encumbered from the CSUN 2702 FY06 Marketing (Discretionary) budget. As submitted by the executive board on behalf of Director Ponchavinin X. UNFINISHED BUSINESS A. ACTION ITEM: APPROVAL of two (2)-studonto to serve as Assistant Directors of Entertainment and Programming for a term ending on April 30, 2006. As submitted by the Executive Board. B. ACTION ITEM: APPROVAL of one (1) student to serve as Assistant Director for the Office of Student Information for a term ending on April 30, 2006. As submitted by the Executive Board. C. ACTION ITEM: APPROVAL of e»e-(i>-stttdcrrt- to serve as Assistant Director of Marketing for a term ending April 30. 2006. As submitted bv the Executive Board. D. ACTION ITEM: APPROVAL of one (1) student to serve as Assistant Director of Nevada Student Affairs for a term ending April 30, 2006. As submitted by the Executive Board. 2 E. Action Item: Approval of Senator Villa to serve on the Constitutional (j Revisions Committee for the remainder of the 35 t h session. As submitted by Senator Moses ,c F. Action Item: Approval_of a contract between CSUN and Spinmedia. As submitted by the Executive Board. See attachment 35.22.01 G. Action Item: Approval of a contract between CSUN and Christian Hardigree. As submitted by the Executive Board. See attachment H. Action Item: Approval to remove Article VII, item B of the CSUN / Constitution as submitted by Senator Moses on behalf of Dave Hill. I. Action Item: Approval of an amount not to exceed $8,000 to be transferred to the University College for the Major Exploration Fair. Cost / to be encumbered from the CSUN 2702 FY06 Discretionary (Campus Events) budget. As submitted by Senator Donnelly on behalf of the University College. J. Action Item: Approval of an amount not to exceed $3,000.00 for the / annual, "Love Your Body Day". Costs to be encumbered from the CSUN 2702 FY 05 Discretionary budget. As submitted by the executive board. K. Action Item: Approval of $3,500.00 for a Directors Retreat. Costs to be j encumbered from the CSUN 2702 FY05 BiuuUiuiiaij (Iluutin^) budget. ' ^ As submitted by the Executive Board. " f f W t ' l (/pM L. Action Item: Committing Bylaw 59 to the Bylaws Committee to review article II sections B and C to remove a Senators pay for attending senate meetings and to chairmen for running a committee meeting. As submitted by Senator Johns. M. Action Item: Approval of the Liberal Arts Textbook Assistance Scholarship money to be used for the purchase of gift certificates from the UNLV Bookstore as submitted by Senator Moses. NEW BUSINESS A. Action Item: Approval of Senator Hooshmand and Senator Seneveratne to serve as members of the Rules and Ethics committee for the remainder of their term. As submitted by Senator Donnelly and Senator Mullinax on behalf of the Rules and Ethics Committee. B. Action Item: Nomination/ Selection of Senator Donnelly and Senator Novotny to serve as members of the Bylaws committee for the remainder of their term. As submitted by Senate President Espinoza. XI. C. Action Item: Approval of Thuri Seneveratne and Amy Herter to serve as members of the Campus Safety and Awareness committee for the remainder of their term. As submitted by Senator Donnelly and Senator Dearmas on behalf of the Campus Safety and Awareness committee. D. Action Item: Nomination/Selection of (1) senator to serve as a member of the Scholarship committee for the remainder of their term. As submitted by VPPT Ashley Ferrel. E. Action Item: Nomination/ Selection of (1) UNLV CSUN Senator to serve as the chair for the Bylaws Committee. As submitted by Senate President Espinoza. F. Action Item: Nomination/Selection of (1) UNLV CSUN Senator to serve as the chair for the Rules and Ethics Committee. As submitted by Senate President Espinoza G. Action Item: Nomination/Selection of one (1) CSUN student to serve as a Senator for the College of Business. As submitted by Senate President Espinoza H. Action Item: Approval for Adam Lewis to serve as assistant publications director for a term ending in April 2006. As submitted by the Executive Board on behalf of Director Marazita. I. Action Item: Approval of one (1) CSUN student to serve as assistant publications director for a term ending in April 2006. As submitted by the Executive Board on behalf of Director Marazita. J. Action Item: Approval of a contract between Keppler Speakers and UNLV CSUN for Dr. Drew Pinsky to come and speak at UNLV. As "i submitted by the executive board on behalf of Director Yasbin. See attachment 35.22.03 Action Item: Approval of the CSUN FY06 budget. As submitted by the Executive Board. See attachment 35.22.04 Action Item: Approval of an amount not to exceed $800.00 for the purchase of polo shirts. As submitted hv the Executive Board. ^ Action Item: Approval of St0',357.00 to be transferred to Office of Information Technology for the completion of CSUN/OIT Wireless Internet project. Costs to be encumbered from the CSUN 2702 FY06 Reserves budget as submitted Senator Huerta and Senator Villa. XII. EXECUTIVE BOARD SUMMATIONS XIII. GOOD OF THE SENATE XIV. ADJOURNMENT 5 ^XX o | CONTRACT FOR PROVIDING SPIN MEDIA ENTERTAINMENT FOR THE UNIVERSITY OF NEVADA, LAS VEGAS (UNLV) CONSOLIDATED STUDENTS, UNIVERSITY OF NEVADA DEPARTMENT This CONTRACT is made and entered into on the .20 day of JUNer 2005, by and between the Board of Regents of the University and Community College System of Nevada, on behalf of the University of Nevada, Consolidated Students, University of Nevada Department, hereinafter called "UNLV" and SPIN MEDIA ENTERTAINMENT (hereinafter called "Agency"), for the providing of DVD RENTALS, as identified in Agency's Proposal dated February 13 ,2005. WITNESSETH: WHEREAS, the UNLV Consolidated Students, University of Nevada Department requires the services of an Agency capable of DVD RENTAL AND MATAINANENCE, and; WHEREAS, said 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 Mi The Term of this contract shall be from JUN&20, 2005 THROUGH DECEMBER 10, 2005. We reserve the right to terminate this contract after 30 days, with written notice. ARTICLE II: SCOPE OF CONTRACT The Scope of the initial portion of this Contract shall be as is noted in Agency's Proposal dated February 23, 2005. If there are any conflicts with that Proposal and this Contract, the terms of this Contract shall prevail. UNLV shall, at its sole option, have the option to 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. ARTICLE III: AMOUNT OF CONTRACT The amount to be paid to Contractor for work performed against the referenced February 23, 2005. However, UNLV may elect at any time, at its sole convenience, to terminate this Contract 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 the 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. In no event, however, shall the sum paid to the Agency in any fiscal-year period exceed $50,000.00. 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. 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, the Agency is required, if it is able to, 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 the Agency's operations under the Contract, whether such operations be by the Agency or by any sub-Contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them 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 these 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, 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. 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 the 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 Regardless of the coverage provided by any insurance, Agency shall pay all costs necessary to protect, defend, save, and hold harmless the State of Nevada, including the Board of Regents, the University and Community College System of Nevada, UNLV, and their respective officers, agents, and employees, including volunteers from any and all claims, demands, actions, attorney's fees, costs and expenses based upon or arising out of any allegations of errors, omissions or fault of the Agency or its associates, employees, subcontractors, and other agents while performing services under this Contract. To the extent authorized by law, UNLV agrees to indemnify and hold Agency harmless from any loss, damage, liability, cost or expense to the person or property of another, which was caused by the negligence of UNLV, its officers, employees and agents under 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. Agency agrees to indemnify UNLV for any negligent or willful conduct on the part of its employees regarding unauthorized release of UNLV information submitted for imaging. D. SUCCESSORS AND ASSIGNS UNLV and the 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 its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of UNLV, which may be a party hereto. 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. GOVERNING LAW The laws of the State of Nevada shall govern this Contract. In case action is brought on this Agreement, it is agreed that the venue of such action may lie in Clark County, State of Nevada, and each party agrees to submit to the personal jurisdiction of such court. 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. Spin Media Entertainment APPROVED: BY: Spin Media Entertainment- David Rowley (sign) Date UNIVERSITY OF NEVADA, LAS VEGAS 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 Attachment to Article II: Scope of Contract 1. All maintenance for the DVD machine will be done by Spin Media within 24 hours of the call to Spin Media for the work order. The number to call for any maintenance will be on the side of the machine 2. The prices for the videos will be as follows: New Release Videos will be $1.95 per day All other videos will be $0.99 per day 3. All money received from this DVD rental machine will be evenly distributed between the four complex councils in UNLV Campus Housing for the machine in the Tonopah lobby. 4. The price scale will be as seen in Exhibit B, attached to the contract. EXHIBIT B Location Payment Program (Revenue Share % is Location's Share) Avg. Daily Rentals (30 day period) Owner Share per month Revenue Share % 1-20 $ 102.38 10% 21-30 $ 153.56 10% 31-40 $ 204.75 10% 41-50 $ 255.94 10% 51-60 $ 307.13 10% 61-70 $ 358.31 10% 71-80 $ 409.50 10% 81-90 $ 460.69 10% 91-100 $ 767.81 15% 101-110 $ 844.59 15% 111-120 $ 921.38 15% 121-130 $ 998.16 15% 131-140 $ 1,074.94 15% 141-150 $ 1,151.72 15% 151-160 $ 1,638.00 20% 161-170 $ 1,740.38 20% 171-180 $ 1,842.75 20% 181-190 $ 1,945.13 20% 191-200 $ 2,047.50 20% 201-250 $ 2,559.38 20% 251-300 $ 3,071.25 20% 301-400 $ 5,118.75 25% 401-500 $ 6,398.44 25% 501-600 $ 7,678.13 25% 601-700 $ 8,957.81 25% Revenue shares will be calculated • Monthly • Quarterly If calculated quarterly, revenue will be totaled over the quarter and divided by 90 to obtain the average daily usage per month per machine. SpinMedia will calculate the average number of daily rentals per month and provide a detailed report to the location owner along with payment for the appropriate amount of revenue share minus any customer disputes directly related to transactions with the machine. In the event that the machine is not achieving a sufficient amount of usage by the end of month 3 or at any 60-day period thereafter (excluding student holidays) the machine will be removed from premises at no cost to the location or its owners. From time to time SpinMedia will be upgrading services to the existing machine to add customer-enhanced features up to including a web or SMS reservation system, Specials for frequent users, etc. These enhancements will be implemented remotely but may require direct updates to the machine. The location owner agrees to provide the best time to directly access the machine as to not interrupt their students, employees or customers. The location owner will allow installation at its own expense, all data communication including any necessary hardwiring and coax modem, and telephone line for secure credit card transactions and power for the machine. SpinMedia and the location owner shall allocate the revenues (received by SpinMedia from the rental of DVD movies offered) per the following terms. A 5% pretax allowance will be deducted from the gross revenues in consideration of customer disputes and shrinkage should they occur. From their share of the revenue, the location owner will cover the cost of energy consumption; cost of monthly phone modem line and the cost of high speed data connection. Spin Media from its share of the revenue will cover other cost of the machine including inventory, machine maintenance, merchant accounts, sales tax, and transaction fees associated with machine. CONTRACT FOR SERVICES A contract 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 "CSUN") and CHRISTIAN E. HARDIGREE, J.D. (hereinafter "HARDIGREE"). WHEREAS, NRS 284.173 authorizes elective officers, heads of departments, boards, commissions or institutions to engage the services of persons as independent contractors; and necessary and desirable and in the best interest of CSUN; and WHEREAS HARDIGREE represents that s/he is duly qualified, licensed and able to render the services as hereinafter described: NOW, THEREFORE, in consideration of the aforesaid premises, the parties hereto mutually agree as follows: 1. This contract shall be effective from the date of passage and approval by the President of the University of Nevada, Las Vegas, and shall run through June 30, 2006 unless sooner revoked by either party as set forth in Paragraph 2. 2. The contract may be revoked without cause by either party prior to the date set forth in Paragraph 1 provided that revocation shall not be effective until s