AGREEMENT FOR ARTISTIC/SPEAKER SERVICES

This Agreement for the services specified below is hereby entered into between Ithaca College, a state of New York educational institution in Ithaca, New York, hereafter referred to as College and NAME, ADDRESS, hereafter referred to as Contractor, under the terms and conditions herein set forth.

  1. Contractor shall:
  1. Provide the following types of services. Check the appropriate box.
    Artistic Performance Speaking, Facilitating, or Presenting
  1. Specific Services. In detail, describe the Services or attach a description to this Form, identifying the program or project, if applicable; the need for the Services; what will be done; how it will be done; and any deliverables(such as reports, analyses, designs):
  1. Licenses/Certifications.Licenses/certifications required:
    Contractor shall provide to Ithaca College a copy of all applicable licenses/certifications before providing the Services, and maintain them in good standing throughout this Contract.
  1. Location. Contractor will perform the Services at: ______.
  1. At all times during this Agreement, provide the Services within the highest standards of its profession.
  2. Provide notice immediately to Ithaca College of any change in any license/certification. Contractor certifies that it shall maintain all applicable licenses/certifications.
  3. Warrant that the Services provided shall conform to the Contract.
  4. At all times during this Contract, comply with all applicable laws, regulations, rules and policies.
  5. Be liable for and provide for payment of each of the following:
  6. Federal, State, or Local taxes
  7. The College requires certificate(s) of insurance be on file with our Office of Risk Management for review and approval prior to the commencement of this Agreement. Please mail or fax to (607) 274-5717 the requested Certificate(s) of insurance. Mailing address is Ithaca College, Office of Risk Management, 953 Danby Road, Ithaca, New York 14850.

All insurance carriers utilized must be licensed to do business in New York State and shall carry a minimum rating of “A,” Class VIII in Best’s Rating Guide published by A.M. Best and Company, Inc. Insurance shall be on a yearly basis written for not less than any amounts of liability specified as part of this contract.

Certificates of such insurance are to be current at the time of contract and remain in force for the period of contract. Ithaca College shall receive certificates of insurance evidencing all insurance as required herein and contain a provision the coverage and limits of liability afforded under the policies shall not be materially altered, non-renewed, canceled, reduced or allowed to expire without thirty (30) days prior written notice to the certificate holder.

Insurance coverage must meet or exceed liability insurance limits set by Ithaca College per the following:

Commercial General Liability Insuranceon an occurrence form, including broad form blanket contractual liability, for claims arising during this Agreement for personal injury, bodily injury and property damagewith limits of not less than $1,000,000 each occurrence and $2,000,000 general annual aggregate.

Insurance policy required to be provided shallbeendorsed. Ithaca College, their directors, members, officers, employees, and students must be named as an additional insured. The coverage afforded the additional insured under these policies shall be primary insurance. If the additional insured has other insurance, which is applicable to the loss, such other insurance shall be on an excess, secondary and non-contributory basis. Certificate must reference the contract/specific service provided and date(s) of service. The insurance may be provided in a policy or policies. The terms of all insurance provided by the Contractor shall be acceptable to Ithaca College. The limits of liability shall be as stated herein, unless prior to commencement of Agreement written approval is granted by Ithaca College for variance from those limits.

  1. Indemnify and hold harmless the Collegefrom payment of each of the foregoing. In addition, Contractorshall indemnify and hold Collegeharmless and its agents, employees, and trustees from and against any and all claims, liabilities, losses, demands, causes of action including without limitation any and all costs and expenses (including attorney’s fees) arising from any negligent act or omission of Contractorin connection with this agreement.
  1. COLLEGE shall:
  2. Pay Contractor a fee or honorarium of $______. This fee is complete and all inclusive.
  3. Pay Contractor $______for travel-related expenses. Contractor must submit an invoice for any reimbursement requested, specifying its expenses, and attaching original receipts.
  4. It is further agreed that:
  5. The College shall pay the fee upon receipt of itemized invoice by Contractor. Contractorshall submit an invoice for the balance due no earlier than DATE. The invoice must specify the services provided, which must match the description on Page 1; the dates of and work/services provided during the billing period; and the specific dollar amount. Contractorshall be paid at the end of the contract unless a schedule of progress payments for services/work performed is set for here: ______. Invoices for progress payments must specify the actual work performed.
  6. Contractor shall at all times be deemed to be an independent Contractor with respect to College and its performance of services hereunder.
  7. This Agreement is made pursuant to and is intended to be interpreted under the laws of the state of New York. If a court should find any part of this Agreement contrary to law or otherwise unenforceable, it may modify such part to the extent necessary to make it enforceable.
  8. This Agreement is intended by the parties as a final expression of their understanding. Except where otherwise specified herein, this Agreement can be duly modified, assigned or rescinded only by another writing signed by both parties or their duly authorized representatives.
  9. If any provision of this Agreement is for any reason declared to be invalid, the validity of the remaining provisions shall not be affected thereby.
  10. Nondiscrimination.Contractorshall not illegally discriminate in either the provision of services, or in employment, against any person because of sex, race, color, disability, national origin, veteran’s status, sexual orientation, gender identity or expression, or religion, and agrees to comply with all applicable federal and state laws, rules, regulations, and executive orders relating to non-discrimination, equal employment opportunity, and affirmative action.
  11. Notices. Notices to the College under this Agreement shall be made to: NAME, DEPARTMENT, PHONE NUMBER, ADDRESS.
  12. Termination. The College may terminate this Agreement for convenience by giving Contractor15 days written notice of termination.

A non-breaching party may terminate this Contract for the failure of the other party to comply with this Contract by giving that other party 10 days written notice of the failure to comply.

The Collegemay terminate this Contract immediately if the Contractorfiles for bankruptcy or receivership, or takes any actions relating to insolvency, such as an assignment for the benefit of creditors. If either party is unable to fulfill obligations of this Agreement on the specified date by reason of "Force Majeure", both parties are relieved of all obligations. Under such circumstances, the College shall be entitled to a return of any advance sum paid, or any other acceptable arrangement mutually agreed to by the parties. For purposes of this Agreement, the term "Force Majeure" shall mean fire, earthquake, flood, acts of God, strikes, common carrier transportation disruption, work stoppages or other labor disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government of governmental agency or authority or any other cause, like or unlike any cause above mentioned which is beyond the control or authority of either party.

  1. Interpretation.The parties intend this Contract to express their complete and final agreement.
  2. Authority.Contractor warrants that the person signing this Contract on its behalf is authorized to enter into this Contract.
  3. FERPA. If Contractor has access to students' educational records, Contractor shall limit its employees' access to the records to those persons for whom access is essential to the performance of this contract. At all times during this contract, Contractor shall comply with the terms of the Family Educational Rights and Privacy Act of 1974 in all respects.

The Terms and Conditions of this Agreement as they appear within this document have been read by the parties, are understood by the parties, and are agreed to by the parties, as witnessed by the signatures below.

CONTRACTOR:

Date:

Name

ITHACA COLLEGE:

Date:

Name

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