Department of Purchasing
Akron, OH 44325-9001
(330) 972-7340 Office
(330) 972-5564 Fax Page 1
LECTURE AGREEMENT
TODAY’S DATE: PURCHASER: The University of Akron
SPEAKER: (an independent contractor, made up of all personnel whom are used in the performance of this Agreement on the part of the Speaker.)
ENGAGEMENT DATE:
STUDENT ORGANIZATION NAME (if applicable)
Obligations of the Parties
Speaker agrees to speak at the place and time specified below (Engagement) in consideration for Purchaser’s obligations to pay $ a flat guarantee, and provide a licensed place to speak. Payment, by University check, will be made after Speaker has performed as agreed.
Each of the Speaker’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).
Speaker represents that neither Speaker, nor any agents of the Speaker, 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.
Speaker further represents that: no Purchaser employees, or their family members, have a financial interest in Speaker submitting this Agreement; Speaker is not, and has not been an employee of the Purchaser; and that the Speaker does not have any relatives or family members employed by the Purchaser. To the extent that Speaker cannot make all of these representations, Speaker understands that Speaker must complete a more extensive disclosure, attached as Exhibit B.
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 SPEAKER’S ARRIVAL:
7. TIME OF SET-UP:
8. APPROXIMATE LENGTH OF LECTURE:
Does this include questions and answers from audience?
9. OTHER ACTIVITIES TO BE PERFORMED BY SPEAKER
10. TRANSPORTATION ARRANGEMENTS AGREED TO:
11. HOTEL ACCOMMODATIONS:
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: UA Contact Name
Title: UA Contact Title
Phone:
Name: 2nd UA Contact Name
Title:
Phone:
15. OTHER ARRANGEMENTS AGREED TO:
Cancellation
Either party may cancel this Agreement as follows:
1. If either party gives the other (number of days) prior written notice (Notice); or
2. If either party is unable to fulfill the terms of this Agreement due to an Act of God or any other legitimate conditions beyond the control of the parties.
Failure to Give Notice
If the Speaker fails to give Notice, the Speaker will reimburse the Purchaser for all bona fide out-of-pocket expenses incurred in the promotion and/or implementation of the Engagement upon Speaker’s receipt of a certified statement of such expenses.
If the Purchaser fails to give Notice, the Purchaser may not seek reimbursement for all bona fide out-of-pocket expenses incurred in the promotion and/or implementation of the Engagement.
Disclaimers
The Purchaser will not be liable for the following expenses and costs, it being agreed that Speaker shall pay for all those listed below:
1. Union dues or other Expenses;
2. Federal, State, or Local Taxes;
3. Agent commission or other expenses or obligations;
4. Damage to Speaker’s equipment or materials;
5. Compensation for lost or stolen equipment or materials;
6. Worker’s Compensation or other insurance; and
7. Travel expenses (including but not limited to gas, mileage, food, or hotel accommodations).
The Speaker agrees to indemnify and hold Purchaser harmless from all such costs and liabilities.
Modification
Either party may modify this Agreement only with the prior written consent of the parties.
Cooperation/Coordination
Speaker agrees to cooperate with Purchaser in the coordination and performance of the Engagement.
Choice of Law
This Agreement shall be governed by the laws of the State of Ohio. Chapter 2743 of the Ohio Revised Code shall govern determination of Purchaser’s liabilities.
Termination
This Agreement terminates if the Speaker dies or the University stops operating.
Integration
This document, Lecture Agreement, represents the entire Agreement between the Speaker and the Purchaser.
Signature (sign below)
Speaker 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 Speaker represents that all personnel used by the Speaker are bound to the obligations and conditions of this Agreement.
PURCHASER / SPEAKER NAME/AGENCYThe University of Akron / Agency/Company Name
Signature:
/ Signature:Name: Luba Cramer, Interim Director
/ Printed Name:Purchasing Department
/ Title:The University of Akron
/ Address:Akron, Ohio 44325-9001
/ Address2:Phone: (330) 972-7340
/ City/State/Zip:/ Phone:
Date:
/ Date:Please email or send via U.S. Mail one (1) copy of the signed contract to (hiring department information):
Email @uakron.edu
Or @
The University of Akron
c/o UA Contact Name
Dept Name UA Dept Name
302 Buchtel Common
Akron, OH 44325-UA Dept Zip +4
This form, The University of Akron Lecture Agreement, has been reviewed and approved for legal form and sufficiency by the Office of General Counsel on May 15, 2014.
EXHIBIT BVENDOR 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: Service 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 Relationship
______
Speaker’s Signature Date
THE UNIVERSITY OF AKRON
INDEPENDENT CONTRACTOR CHECKLIST
Name of proposed independent contractor: / Contractor NameDepartmental 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. / YES / NO
c. 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
d. 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 thepayments made to me and I will be solely responsible for payment of local, state, and federal taxes. / YES / NO
f. I agree that I will be paid by the job, will furnish all tolls andmaterials needed to do the contemplated work, and will pay for all of my own business expenses. / YES / NO
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.