Meeting minutes for Consolidated Student Senate, University of Nevada, Las Vegas, September 15, 2003

University of Nevada, Las Vegas Student Government Office of the Senate President Michael J. Amesquita Jr. STUDENT SENATE MEETING 33-28 MONDAY, SEPTEMBER 15, 2003 MSU 201, 6:00PM Peter Goatz Senate President Pro Tempore I. CALL TO ORDER Business Rachael Wagner Liberal Arts Nikki Flintier Education Ryan Cianci Liberal Arts Chester Corpuz Business Josh Goihl Business Sherry Snyder Business Nicole Sunstrum Education Mark Ulep Engineering Kevin Mullinax Fine Arts Uy Nye 2 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 Hotel Administration David Langhaim Student Development II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. ANNOUNCEMENTS V. APPROVAL OF MINUTES cmo CZ o O o 7- i : rn cs •C -r: O C O r » --i , - T X o ; t j i ,/ —> • . cn < — r " r n • Y-* CO S? rn C'i O Si- " l - I O '/> CO f VI. BOARD AND COMMITTEE REPORTS A. Senate Committee Reports B. Faculty Senate/University Committee Reports C. Business Manager Reports D. Directors' Reports CSUN Service Director - Anisa Izzolo Entertainment and Programming Director - Jeff Long Office of Student Information Director - Jesse Taylor Rebel Radio Director - Joshua Greenrock Nevada Student Affairs - Jeanine Tegano Elections Director - Laurie Evans Publications Director - Angela Powers E. Liaison Reports Greek Advisory Multicultural Student Affairs Residence Hall Association Student Athletics Student Body President's Advisory Student Health Advisory Committee ROTC LAB VII. PUBLIC COMMENT VIII. UNFINISHED BUSINESS A. Action Item: Nomination/Selection of one student to serve as a Senator for the College of Student Development. As submitted by Senate President Amesquita. CONSOLIDATED STUDENTS • UNIVERSITY OF NEVADA 4505 MARYLAND PARKWAY • LAS VEGAS, NEVADA 89154-2009 • (702) 895-3645 • FAX (702) 895-4606 B. Action Item: Nomination/Selection of one student to serve as a Senator for the College of Engineering. As submitted by Senate President Amesquita. C. Action Item: Nomination/Selection of one student to serve as a Senator for the College of Health Sciences. As submitted by Senate President Amesquita. D. Action Item: Nomination/Selection of two (2) students to serve on the Faculty Senate Academic Standards Committee. As submitted by Senate President Amesquita. E. Action Item: Nomination/Selection of one (1) student to serve on the Faculty Senate Admissions Committee. As submitted by Senate President Amesquita. F. Action Item: Nomination/Selection of one (1) student to serve on the Faculty Senate Campus Affairs Committee. As submitted by Senate President Amesquita. G. Action Item: Nomination/Selection of two (2) students to serve on the Faculty Senate Curriculum Committee. As submitted by Senate President Amesquita. H. Action Item: Nomination/Selection of one (1) student to serve on the Faculty Senate General Education Committee. As submitted by Senate President Amesquita. I. Action Item: Discussion/approval of amount not to exceed $3,500,000 for the co-sponsorship of the "Homecoming 2003" event to be held October 13th-18th. Cost to be encumbered from the CSUN 2702 FY03-04 Senate Discretionary account. As submitted by Senate President Pro Tempore Goatz. (See attachment 33-28.01) J. Action Item: Discussion/ approval of the sponsorship agreement for Alloy Marketing for $1,000.00. As submitted by Senator Arneson. K. Action Item: Discussion/approval of moving $1,000.00 received from the Alloy Marketing sponsorship from the CSUN 2702 General account to the Entertainment and Programming (Tailgate) account. As submitted by Senator Arneson. L. Action Item: Discussion/ approval of the contract for Unwriten Law for "Rebel Ruckus" on October 17, 2003. As submitted by Senator Arneson. (See attachment 33-28.02) M. Action Item: Discussion/ approval of the contract for Dubcat for "Rebel Ruckus" on October 17, 2003. As submitted by Senator Arneson. N. Action Item: Discussion/ approval of the contract for Over the Line for "Rebel Ruckus" on October 17, 2003. As submitted by Senator Arneson. (See attachment 33-28.03) O. Action Item: Discussion/ approval of Aundrea Taylor-Caldwell to serve as the CSUN Elections Director Assistant for 2003/2004 year for a term ending April 30th, 2004. P. Action Item: Discussion/approval of Kurtis Kopf to serve as the Office of Student Information Assistant Director for a term ending April 30th' 2004. Q. Action Item: Discussion/ approval of 24 credit fee waivers divided equally for spring and fall semester to be paid for Rebel Radio Programming Director Jacob Bryant. Cost to be encumbered from Rebel Radio (discretionary) account. As submitted by Senator Mullinax. R. Action Item: Discussion/approval of of a six (6) credit few waiver per semester to be paid to Aundrea Taylor-Caldwell for the assistant elections director position. Cost to be encumbered from the CSUN 2702 FY 03-04 Elections Discretionary account. As submitted by Senator Mullinax. S. Action Item: Discussion/ approval of a six (6) credit few waiver per semester to be paid to Justin George, Assistant Publications Director. Cost to be encumbered from the CSUN 2702 FY 03-04 Publications (Discretionary) account. As submitted by Senator Mullinax. IX. NEW BUSINESS A. Action Item: Nomination/Selection of Justin George to serve as the Publications Director for the term ending April 30, 2004. As submitted by Senate President Pro Tempore Goatz. B. Action Item: Discussion/Approval of an amount not to exceed $2,000 to be paid to UNLV Telecommunications for the purchase of four telephones and installation/activation of five telephones in MSU 302 (Senate Chambers). Cost to be encumbered from the CSUN 2702 FY04 Office (Supplies) budget. C. Action Item: Discussion/Approval of amount not to exceed $200.00 to paid to Pizza Hut for the 'Pizza, Pop, and Politics' event on September 30th, 2003. Cost to be encumbered from the CSUN 2702 FY03/04 Elections Marketing Account. D. Action Item: Discussion/Approval of an amount not to exceed $18,500.00 for Unwritten Law and Dubcat to perform at "Rebel Ruckus" on October 17, 2003. Money to be encumbered from the CSUN 2702 FY 03-04 Entertainment and Programming (Homecoming) account. As submitted by Senator Arneson. E. Action Item: Discussion/Approval of Ali Surgeoner, Teareney Erwin, Kiel Hutchinson, Sean Burroughs, Nick Christensen, Randall Larson and Zohra Baktary to serve on the Rebel Radio Board for term ending April 30th, 2004. As submitted by Senator Mullinax. F. Action Item: Discussion/Approval of Fred Conway to serve as Assistant Rebel Radio News Director for term ending April 30th, 2004. As submitted by Senator X. EXECUTIVE BOARD ANNOUNCEMENTS AND SUMMATIONS XI. GOOD OF THE SENATE XIII. 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 the Classroom Building Complex. Mullinax. SENATE SECRETARY MICHAEL J. AMESQUITA KRISTA M. DONNELLY Dear CSUN Student Government, The Rebel Pride Council Homecoming Committee and the Department of Student Involvement and Activities requests your assistance in sponsoring Homecoming 2003. Homecoming is held this year October 13th - October 18th and is open to all students, faculty and staff here at UNLV. Homecoming is going to start with a community service project on Saturday October 11 , and then kick off with our first annual Opening Ceremonies in the Amphitheater on Monday October 13th. Events also include our powder puff and cheer competition, along with a new event, Field day which will include individual competitions with give-a-ways and prizes on Tuesday. We will also be offering the annual Rebel Variety Show. The week will end with the parade on campus before Rebel Ruckus and the Homecoming champions announced at the football game on Saturday. This year we are also starting a new tradition with the first annual Homecoming Ad Booklet, to recognize organizations and businesses around our university community. All the money raised from the ad booklet will go toward student give-a-ways. Since this year's theme is a Dr. Seuss theme, we will be purchasing red/black and gray/black Dr. Seuss hats to give away throughout the week. Our hope is that we can give hats to students to wear to the football game, so we can stand out. The UNLV Alumni Association is also going to purchase some of these hats and be involved in the ad booklet, so that the Alumni can participate in wearing the hats as well. Along with the hats, we would like to give away all homecoming t-shirts for free. With both of these give-a-ways, we hope to bring many students to all of the homecoming events. We are going to give-a-way shirts and hats to the first one hundred students at each event. These give-a-ways are where we need help. Our budget does not allow us to purchase anything that we can give-a-way to the students, except for t-shirts. The Homecoming committee is requesting $3,500.00 for 1,000 hats to enlighten Homecoming and create a lot of hype with student give-a-ways. We would appreciate your co-sponsorship for Homecoming so that we can help make Homecoming a tradition that every student participates in. Sincerely, Laurie Evans Student Homecoming Chair Rebel Pride Council Homecoming Committee Request: $3,500.00 for Dr. Seuss hats in UNLV colors Hat Cost: $3.50 each Quantity Purchase: 1,000 hats Hats will be given away at each event as follows: Opening Ceremonies: First 200 students Powder Puff: First 100 students Variety Show: First 100 students Parade: All parade participants & 100 crowd members Tailgates: All students Benefits for CSUN: • 2 full page ads in ad booklet (ads are at CSUN's discretion and can be used for Rebel Ruckus or any student government publicity) • Name recognition on Homecoming t-shirt (t-shirts will be given away this year to all Homecoming participants) • Banner at all events, including the Homecoming Parade Homecoming Committee Request: $3,500.00 for Dr. Seuss hats in UNLV colors Hat Cost: $3.50 each Quantity Purchase: 1,000 hats Hats will be given away at each event as follows: Opening Ceremonies: First 200 students Powder Puff: First 100 students Variety Show: First 100 students Parade: All parade participants & 100 crowd members Tailgates: All students Benefits for CSUN: • 2 full page ads in ad booklet (ads are at CSUN's discretion and can be used for Rebel Ruckus or any student government publicity) • Name recognition on Homecoming t-shirt (t-shirts will be given away this year to all Homecoming participants) • Banner at all events, including the Homecoming Parade CONTRACT FOR PROVIDING Unwritten Law 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 3rd day of September, 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 Unwritten Law (hereinafter called "Agency"), for the providing of the musical performance of Unwritten Law, as identified in Agency's Proposal dated September 3rd, 2003. WITNESSETH: WHEREAS, UNLV requires Agency capable to perform a 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 for one day, 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 September 3rd. 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 any and 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 $ 15,000,00 (Fifteen thousand 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. As any such payments and any such payment schedules negotiated between UNLV and Agency prior to the commencement of any work allows for payment to made after the completion of said service has been performed, payment can be made at that time. All payments shall be made after acceptance of the related service. Should the acceptance of such service 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: LIABILITY & INDEMNIFICATION A. 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. B. 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 III: AMOUNT OF CONTRACT The amount to be paid to Agency for work performed under this contract shall not exceed $ 15,000.00 (Fifteen thousand 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. As any such payments and any such payment schedules negotiated between UNLV and Agency prior to the commencement of any work allows for payment to made after the completion of said service has been performed, payment can be made at that time. All payments shall be made after acceptance of the related service. Should the acceptance of such service 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: LIABILITY & INDEMNIFICATION A. 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. B. 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 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. 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. 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. Unwritten Law EIN (Employee Identification No) APPROVED: BY: Dave Hill 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 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. Unwritten Law EIN (Employee Identification No) APPROVED: BY: Dave Hill 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 Over The Line 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 3rd day of September, 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 Over The Line (hereinafter called "Agency"), for the providing of the musical performance of Over The Line, as identified in Agency's Proposal dated September 3rd, 2003. WITNESSETH: WHEREAS, UNLV requires Agency capable to perform a 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 for one day, 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 September 3rd, 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 any and 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 $ 0.00. 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. As any such payments and any such payment schedules negotiated between UNLV and Agency prior to the commencement of any work allows for payment to made after the completion of said service has been performed, payment can be made at that time. All payments shall be made after acceptance of the related service. Should the acceptance of such service 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: LIABILITY &