Department of Purchasing Akron, OH 44325-9001 (330) 972-7340 Office (330) 972-5564 Fax Page 1 LECTURE, PERFORMANCE AND SERVICES AGREEMENT for STUDENT ORGANIZATIONS (not to exceed $1,500.00) TODAY’S DATE: PURCHASER: The University of Akron CONTRACTOR: ENGAGEMENT DATE: STUDENT ORGANIZATION NAME: Obligations of the Parties Contractor agrees to provide services at the place and time specified below (Engagement) in consideration for Purchaser’s obligations to pay $ , a flat guarantee, and provide a licensed facility to perform. Payment, by University check, will be made after Contractor has performed as agreed. Contractor represents that neither Contractor, nor any agents of the Contractor, have paid or agreed to pay directly or indirectly any person, firm, or corporations any money or valuable consideration for assistance in securing this agreement and that no such money or reward will be hereafter paid. Contractor further represents that: no Purchaser employees, or their family members, have a financial interest in Contractor submitting this Agreement; Contractor is not, and has not been an employee of the Purchaser; and that the Contractor does not have any relatives or family members employed by the Purchaser. To the extent that Contractor cannot make all of these representations, Contractor understands that Contractor must complete a more extensive disclosure, attached as Exhibit B. Each of the Contractor’s team members agree to be bound jointly and severally to the obligations and conditions of this Agreement. Each team member may enforce this Agreement. However, any terms and conditions listed in Exhibit A are not made part of this agreement prior to review, approval and signature of appropriate University representative(s). Failure to Give Notice If the Contractor fails to give Notice of cancellation pursuant to the terms of this Agreement, the Contractor will reimburse the Purchaser for all documented, bona fide out-of-pocket expenses incurred in the promotion and/or implementation of the Engagement upon Contractor’s receipt of a certified statement of such expenses. If the Purchaser fails to give Notice of cancellation pursuant to the terms of this Agreement, the Contractor may seek reimbursement for all documented, bona fide out-of-pocket expenses incurred by Contractor in reliance upon the Engagement. Integration This Agreement and the Purchase Order terms and conditions represent the entire Agreement between the Contractor and the Purchaser. In the event of conflict between the two, the terms and conditions of this Agreement shall control. Department of Purchasing Akron, OH 44325-9001 (330) 972-7340 Office (330) 972-5564 Fax Page 2 Signature (sign below) Contractor must sign and return this Agreement by: . Payment is conditioned on such signature and return of the Agreement. The person signing this Agreement on behalf of the Contractor represents that all personnel used by the Contractor are bound to the obligations and conditions of this Agreement. PURCHASER The University of Akron Signature: Name: Andrew Roth, Director Purchasing Department The University of Akron Akron, Ohio 44325-9001 Phone: (330) 972-7340 Date: CONTRACTOR NAME/AGENCY Agency or Company Name Signature: Printed Name: Title: Address: Suite/Room: City/State/Zip: Phone: Ext: Date: Please return one (1) copy of the signed contract to (hiring department information): The University of Akron c/o UA Contact Name Dept Name UA Dept Name 302 Buchtel Common Akron, OH 44325-UA Zip+4 This form, The University of Akron Lecture Agreement, has been approved by General Counsel on May 5, 2014. Last revision April 2015. Department of Purchasing Akron, OH 44325-9001 (330) 972-7340 Office (330) 972-5564 Fax EXHIBIT A ENGAGEMENT SPECIFICATIONS 1. ENGAGEMENT ADDRESS: 2. TOPIC/TITLE OF PRESENTATION: 3. DATE OF ENGAGEMENT: TIME: Start: Finish: 4. TICKET PRICE (if applicable): $ 5. UNIVERSITY CHECK MADE PAYABLE TO: Social Security #: Corporate ID #: 6. TIME OF CONTRACTOR’S ARRIVAL: 7. TIME OF SET-UP: 8. APPROXIMATE LENGTH OF LECTURE: Does this include questions and answers from audience? 9. 10. OTHER ACTIVITIES TO BE PERFORMED BY CONTRACTOR TRANSPORTATION ARRANGEMENTS AGREED TO: 11. HOTEL ACCOMMODATIONS: Page 3 Department of Purchasing Akron, OH 44325-9001 (330) 972-7340 Office (330) 972-5564 Fax 12. AUDIO/VISUAL EQUIPMENT NEEDED: Equipment to be provided by: 13. PROMOTIONAL MATERIAL TO BE SENT TO PURCHASER: To be sent by (date): 14. CORRESPONDENT(S) FOR PURCHASER: Name: Title: Phone: Name: Title: Phone: 15. OTHER ARRANGEMENTS AGREED TO: Page 4 Department of Purchasing Akron, OH 44325-9001 (330) 972-7340 Office (330) 972-5564 Fax Page 5 THE UNIVERSITY OF AKRON INDEPENDENT CONTRACTOR CHECKLIST Name of proposed independent contractor: Contractor Name Departmental Requisition Number: 1. Items to be completed by the Independent Contractor: a. I provide similar services to other clients and/or businesses. YES NO b. I engage in entrepreneurial activities in an established trade, occupation or business and am at risk for profit or loss. I am a current or past employee of The University of Akron. (If you answer YES, please list dates of employment from:_______________ to:______________ the name of the Department and job duties.) YES NO YES NO I will maintain worker's compensation coverage or will present proof of exemption as a sole proprietor. YES NO e. I agree that The University of Akron will withhold no taxes from the payments made to me and I will be solely responsible for payment of local, state, and federal taxes. YES NO f. YES NO c. d. I agree that I will be paid by the job, will furnish all tolls and materials needed to do the contemplated work, and will pay for all of my own business expenses. Items to be completed by the University Department wishing to use the services of this Independent Contractor: 2. The individual to perform the services: a. Will receive little or no training, supervision, or instruction from University personnel, other than conveying the scope of service desired. YES NO b. Will be responsible for determining the means and methods to use to perform the requested services. YES NO c. Will provide his/her own supplies, equipment, forms, etc., necessary to perform services, and the cost of these is included in rate or total fee. YES NO d. Will set his/her own priorities on time, amount of effort, and hours of work, to accomplish services within stated time frame. YES NO e. Is not providing services similar to those currently being provided by any University employee(s). YES NO f. Will be paid on the basis of a completed project, progress payments or in a manner consistent with others in the same trade, occupation, profession or business. YES NO Either party must provide a detailed explanation of any questions that were answered "No", with the exception of 1. c. I certify that to the best of my knowledge the above is correct. Independent Contractor’s Signature Date Authorized University Departmental Supervisor’s Signature Date Note: This form must be signed by the department chair or his/her designee. Please return to the Department of Purchasing, Zip + 9001 with the completed Professional Services Agreement. Department of Purchasing Akron, OH 44325-9001 (330) 972-7340 Office (330) 972-5564 Fax Page 6 EXHIBIT B VENDOR DISCLOSURE I, authorized person for Contractor Name, do hereby state and affirm that neither I nor any agents of the above-named company not any other party acting on company’s behalf have paid or agreed to pay directly or indirectly any person, firm, or corporations any money or valuable consideration for assistance in securing this agreement for the following: Services Provided. I further agree that no such money or reward will be hereafter paid. Do any University of Akron employees, or their family members, have a financial interest in the organization submitting the agreement? Yes No If so, please attach a statement giving details. Are you currently or have you been an employee of The University of Akron? Yes No If so, please attach a statement giving details. Does the affiant have any relative/family members employed by The University of Akron? Yes No If so, please identify the employee and relationship. Employee Name Independent Contractor’s Signature Relationship Date