MONTANA STATE UNIVERSITY BILLINGS
EXTENDED CAMPUS
LETTER OF UNDERSTANDING
This Agreement is entered into between MONTANA STATE UNIVERSITY BILLINGS
EXTENDED CAMPUS ["MSUBEC”] and the ** [“ENTITY”]. The Program Manager for the
event’s contact information ___________________________________________________
SECTION I. SERVICES.
A.
MSUBEC agrees to provide assistance with the following elected services (see Appendix
A for each individualized requested service):
The above is for management of these services and does not include direct expenses
incurred as a result of facilities reservations, catering, or the cost of materials, such as but
not limited to name tags; save the dates, invitations, brochures, and other promotional
materials; items for participant packets; speaker handouts and event booklets; continuing
education certificates; Exhibitor materials, etc. Direct Expenses are outlined in the event
summary budget (Appendix B) and final costs are determined by the 3rd party.
B.
ENTITY agrees to provide the following materials and services:
The cost for all materials MSUBEC designs, which includes, but is not limited to name tags;
save the dates, invitations, brochures, and other promotional materials; items for
participant packets; speaker handouts and event booklets; continuing education certificates;
Exhibitor materials, etc.
The ENTITY is also responsible for the cost for any postage for mailings, marketing
materials, continuing education certificates, etc.
C.
Jointly (MSUBEC and ENTITY) agrees to provide the following services:
Design, plan, and implement, as outlined above and in Attachment A, the EVENT in
LOCATION on the following dates _____________, 20__.
SECTION II. CONTRACT PERIOD.
This Agreement will become effective on _________________, 20__ and will be completed
on ________________, 20__, unless extension, continuation or renewal of the Agreement
is mutually agreed upon in writing between the parties.
SECTION III. CONSIDERATION.
ENTITY agrees to pay MSUBEC a non-refundable deposit of $500 at the signing of this
contract with will commit an activation of services. Payment should be remitted with signed
agreement no later than fourteen (14) days after submitted by MSUBEC. The remaining
fees will be paid on _________________. Full payment will be made within 30 days of
receipt of final invoice.
SECITION IV. CANCELLATION/REFUND or EVENT CHANGES.
PAGE 1 OF 6
A.
Any space not cancelled within at least five (5) business days prior to event will be
considered confirmed and subject to applicable charges. If cancellation is not received
within five (5) business days prior to event, ENTITY is responsible for full charges of elected
services outlined in Appendix A, facilities and equipment rental, catering, and any event
materials purchased according to Appendix C, Equipment and Supply Charges.
When MSUBEC is providing Registration Management Services to ENTITY, individuals who
register for the event must cancel registration within five (5) business days of the event or
will be held responsible for full payment of individual registration or other applicable event
fees.
B.
ENTITY must request any changes in the program no later than three business days
prior to the start of the event. Changes include but are not limited to equipment requests,
facility set up, additional audio-visual requirements. Changes requested after this deadline
may not be able to be accommodated based on required space changes, other events
happening, staffing levels, and equipment availability.
SECTION V. EVENT GUARANTEES.
ENTITY must provide confirmation and a guarantee of numbers for event attendance and
catering, as appropriate, at least three (3) business days prior to the event. The
confirmation and guarantee will include exact times, location, attendance, menu choices,
and event setup. It is ENTITY’s responsibility to ensure all event details are correct.
SECTION VI. FACILITIES.
A.
Facilities charges are quoted by the Student Union and Activities Office upon request
for space based on event attendance, setup, audio-visual requirements, dates and hours of
service. Final room costs will be determined once MSUBEC has reserved rooms with the
Student Union and Activities Office. Requests for scheduling non-classroom space are
accepted on a first request basis. ENTITY understands that Classroom space on campus is
scheduled by MSUB EC after the Registrar releases the classrooms for such scheduling. This
is usually near the middle of the semester prior to the one being opened for scheduling.
MSUBEC reserves the right to substitute facilities for the space(s) reserved should the need
arise.
B.
MSU Billings makes reasonable accommodations for any known disability that may
interfere with a person's ability to participate in an event. Persons needing an
accommodation must notify the MSUBEC no later than 10 days before the event to allow
adequate time to make the needed accommodations.
C.
ENTITY is responsible for basic clean-up of the space used. Additional charges will be
incurred for extraordinary clean-up or trash removal. If anything is left in the room(s) at
the end of your event, it will be removed and put in lost and found. MSUBEC is not
responsible for lost or stolen items.
D.
Decorations may be used by ENTITY with prior approval. Nothing should be affixed to
walls or other surfaces unless exceptions are pre-approved. Any damages caused to the
facility or equipment caused by members of your event will be added to your final bill.
SECTION VII. CATERING/ALCOHOL SERVICE.
A.
MSU Billings Catering by Sodexo has exclusive rights to catering on the Montana State
University Billings Campus, including the City College. No unauthorized sale or
complimentary distribution of food or beverages is permitted.
Page 2 of 6
B.
As the host of a catered event ENTITY is responsible for the service equipment
provided by the catering department. Any missing or damaged catering equipment or
supplies may be charged to the final event bill at current replacement cost.
C.
The catering department is not licensed by the State of Montana to sell alcohol. It is
the responsibility of the event sponsor or host organization to obtain a University Alcohol
Approval Form, in advance, whenever alcohol will be present. The form is attached as
appendix C. A copy of the approved permit must be given to the catering department three
business days prior to the event. Alcohol can only be provided as part of an event if there is
a Special Permit to Sell Beer/Wine, an outside vendor licensed to sell alcohol in the State of
Montana and with a catering endorsement and provision of appropriate liability insurance. In
all cases, the event sponsor must comply with the Montana State University Billings Alcohol
Policy, state law, Board of Regents policy, and MSU Billings policy.
Any leftover alcohol must be picked up from the catering office within 24 hours after the
event. If you need to drop of f or pick up alcohol at any other time (including immediately
before or after the event), please contact the catering department at 406.657.2381 to make
arrangements.
Under Montana State Law, only those 21 years of age and over may legally consume
alcoholic beverages. State laws and campus policies will be enforced at all times. The
catering department reserves the right to refuse service to anyone.
SECTION VII. ACCESS TO RECORDS.
A.
MSUBEC will adequately account for and maintain reasonable records of its
performance as may be necessary for audit purposes and in determining compliance with
the terms of this Agreement.
B.
All records pertaining to this Agreement must be retained by MSUBEC for a period of
three years from the completion date of this Agreement. If any litigation, claim or audit is
started before the expiration of the three year period, the records must be retained until the
litigation, claim or audit findings have been resolved.
SECTION VIII. PUBLICATION.
MSUBEC has the right to publish any and all information, conclusions or developments
resulting from services conducted under this Agreement.
SECTION IX. RELATIONSHIP OF THE PARTIES.
A.
MSUBEC is an independent contractor and not an employee of the ENTITY for
purposes of this Agreement. No benefits provided by the ENTITY to its employees, including
unemployment and workers' compensation insurance, will be provided to MSUBEC or its
employees.
B.
This Agreement will not constitute, create, or in any way be interpreted as a joint
venture, partnership, or formal business organization of any kind.
SECTION X. NON-DISCRIMINATION.
MSUBEC agrees that no part of this Agreement will be performed in a manner which illegally
discriminates against any person on the basis of race, color, religion, creed, political ideas,
sex, age, marital status, physical or mental handicap, or national origin.
SECTION XI. LIABILITY EXPOSURE.
PAGE 3 OF 6
The parties hereto understand and agree that liability of the State of Montana, MSUBEC, its
officials and employees is controlled and limited by the provisions of Title 2, Ch. 9, Montana
Codes Annotated. Any provisions of this Agreement, whether or not incorporated herein by
reference, will be controlled, limited, and otherwise modified to limit any liability of the
State of Montana and MSUBEC to that set forth in the above cited laws.
SECTION XII. INDEMNIFICATION.
A.
Individuals and groups using MSU Billings Facilities are responsible for and assume the
liability for their own wrongful or negligent acts or omissions, or those of its officers, agents,
or employees and agree to defend, indemnify, and hold MSU Billings harmless from any
such liability.
B.
Each party agrees to maintain reasonable coverage for such liabilities either through
commercial insurance or a reasonable self-insurance mechanism, and the nature of such
insurance coverage or self-insurance mechanism will be reasonably provided to the other
party upon request.
C.
Groups using MSU Billings Facilities are required to have liability insurance with limits
of $1,000,000 each occurrence and $2,000,000 aggregate throughout the duration of
facility use and shall name Montana State University Billings as additional insured. Groups
must present a certificate of insurance within 14 calendar days of their scheduled event.
SECTION XIII. ASSIGNMENT, TRANSFER AND SUBCONTRACTING.
There will be no assignment or transfer of this Agreement, or of any interest in this
Agreement, unless both parties agree in writing. No services required under this Agreement
may be performed under subcontract unless both parties agree in writing.
SECTION XIV. OWNERSHIP OF WORK.
_____________ will retain right, title and interest, including the right of copyright, in all
work reduced to writing or fixed in any media (including reports, articles, photographs,
recordings, data, computer programs and related documentation) produced by it under this
Agreement. ______________ shall retain the same rights to work produced solely by it.
SECTION XV. TERMINATION.
A.
This Agreement may be terminated at any time upon the written mutual consent of the
parties.
B.
Either party may terminate this Agreement for failure of the other party to perform
any of the services, duties or conditions contained in this Agreement after giving the other
party written notice of the stated failure. If the stated failure is not addressed and
corrected within ten days, or any longer period agreed to in writing by the parties, the
termination is effective at the end of the specified period.
C.
The above remedies are in addition to any other remedies provided by law or the
terms of the subcontract.
SECTION XVI. USE OF NAMES.
Neither party will include the name of the other party or any of its employees in any
advertising, sales promotion, Official logo, or other publicity matter without prior written
approval, except to state as a location where the event will be held. All publications and
advertisements using the Montana State University Billings name or insignia must be
reviewed and approved by the MSUBEC prior to distribution and/or publishing. MSUBEC
requires a minimum of five (5) business days to review such material.
SECTION XVII. VENUE
Page 4 of 6
This agreement will be interpreted according to the laws of the State of Montana. The
parties agree that, in the event of litigation concerning this Agreement, venue shall be in
the State of Montana and in the County of Yellowstone.
SECTION XVIII. MODIFICATION.
This Agreement contains the entire agreement between the parties, and no statements,
promises or inducements made by either party, or agents of either party, that are not
contained in this Agreement are valid or binding. This Agreement may not be enlarged,
modified, or altered except by written amendment by the parties.
This Agreement is executed by the parties on the dates set forth below by their duly
authorized representatives.
PAGE 5 OF 6
MSUBEC
By:
ENTITY’S NAME
____________
By:
_______
Printed Name: Kevin Nemeth
Printed Name:________________________
Title: Director of MSUB EC
_____ _______
Title:
_______
_______
Date:
_______
Date:
MSU/CALTRANS Contract - Page 6 of 6