REQUEST FOR PROPOSAL

Transcription

1 REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST ST. CLOUD STATE UNIVERSITY TH AVENUE SOUTH ST. CLOUD, MN ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL 1

2 EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST Section TABLE OF CONTENTS Page TABLE OF CONTENTS 2 ADVERTISEMENT FOR PROPOSAL 3 PROPOSAL INSTRUCTIONS 4 PROPOSAL OFFERING FORM 7 Section 1 - GENERAL INFORMATION 1.1 Invitation to Bid Scope of Service Issuing Office 8 Section 2 - TERMS AND CONDITIONS 2.1 Proposal Evaluation and Award Applicable Law Parties to the Contract Contract Commencement Non-Discrimination State Audits Licenses Supervision and Inspection Amendments Contract Termination Indemnification Laws to be Observed Liens Reimbursement of Costs Disposition of Responses Vendor Selection Insurance 11 Section 3 - CONTRACT TERMS 3.1 Terms and Conditions Contract Documents Contract Term Contract Assignment Contract Liaison 13 Section 4 ROLE OF THE BROADCASTER 13 Section 5 ROLE OF THE UNIVERSITY 15 Attachment A Income Contract 16 2

3 ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST ADVERTISEMENT FOR PROPOSALS Notice is hereby given that Offers will be received by the Director of Purchasing, St. Cloud State University, until 3:00 P.M. on July 12, 2011 for the purpose of EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST, according to the specifications on file at: St. Cloud State University Business Services Administrative Services Fourth Avenue South St. Cloud, Minnesota Specifications and Request for Proposal forms may be obtained from the Director of Purchasing at the address shown above. Offers are to be submitted in a sealed envelope addressed to the Director of Purchasing at the above address and clearly marked in the lower left corner of the envelope, EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST. St. Cloud State University reserves the right to reject any and all Offers and to waive any informalities contained in such Offers. Dated at St. Cloud, Minnesota, this June 27, Lisa Sparks Director of Purchasing 3

4 ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST PROPOSAL INSTRUCTIONS: Page 1 of 3 DATE: June 27, 2011 TITLE: EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST ISSUING AGENCY: St. Cloud State University 720 Fourth Avenue South St. Cloud, Minnesota PROPOSAL INSTRUCTIONS: Proposals will be received and registered until 3:00 P.M. on July 12, 2011 for furnishing the services described herein. Proposals received after this time and date will be rejected and returned unopened. Proposals may be delivered in person or by U.S. mail or other couriers. Faxed proposals are not acceptable. Proposals must be submitted with the envelope plainly marked in the lower left corner: EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST PROPOSAL ACCEPTANCE PERIOD: This proposal shall be binding upon the Offeror for 90 calendar days following the proposal acceptance review date. Any proposal in which the Offeror shortens the acceptance period may be rejected. Proposals will be on file and open to public inspection for 30 days after award determination. All terms and specifications included in or appended to this solicitation apply to any subsequent award. Complete and return the Proposal to: Lisa Sparks St. Cloud State University Business Services Administrative Services Fourth Avenue South St. Cloud, MN All forms and attachments must be filled out in ink, typewritten, or word-processed. The proposal must be signed by an authorized member of the firm. Prices and terms of the proposal as stated must be valid for the entire length of any resulting contract, unless changes are made through mutual consent. 4

5 ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST PROPOSAL INSTRUCTIONS: Page 2 of 3 All inquiries for information are to be directed to: Lisa Sparks Director of Purchasing, St. Cloud State University 720 Fourth Avenue South St. Cloud, Minnesota Phone: (320) lksparks@stcloudstate.edu Other University personnel are NOT allowed to discuss the Request for Proposal with anyone, including responders, before the proposal submission deadline. PRE-PROPOSAL INSPECTION: Bidders who wish to visit the University and inspect the existing facilities may do so during normal working hours by calling at the Director s Office, Athletic Department, 329 Halenbeck Hall, (320) REVISIONS TO THE REQUEST FOR PROPOSAL: In the event it becomes necessary to revise any part of this Request for Proposal, revisions will be provided on the same link as the Request for Proposal, The University reserves the right to extend the deadline for receipt of proposals if necessary. WITHDRAWAL OF PROPOSAL: Proposals may be withdrawn in writing and submitted by facsimile, mail, or hand delivery from the Vendor prior to the deadline for receipt of proposals. No oral withdrawals will be accepted. REQUIREMENTS FOR SUBMITTING A PROPOSAL: Proposals should be as thorough and detailed as possible so that the University may properly evaluate the Offeror s capability to provide the required services. Please submit one (1) original and two (2) copies of the proposal. Offerors are required to submit the following items or information but are not limited solely to these items: Request for Proposal Offering Form signed and completed as specified. Name and address of operating company. If the response includes sub-contractors, identify subcontractors by name and address. Respond in order to all of the items listed in section 4. Provide written point by point narrative responses on how the response meets or exceeds each of the proposal requirements in section 4. The duration and extent of experience in providing similar services at an educational institution. Include references. Furnish sufficient information as pertinent and necessary to establish, to the 5

6 ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST PROPOSAL INSTRUCTIONS: Page 3 of 3 satisfaction of St. Cloud State University that the responder is both qualified and financially responsible to enter into a contract encompassing the services set forth in the Request for Proposal. Response should include facts and work plan information on (a) production, (b) origination and transmission, (c) program presentation, (d) promotion, and (e) technical equipment, as to support the overall capability of the responder. Acknowledge acceptance of language within Income Contract. 6

7 ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST PROPOSAL OFFERING FORM June 27, 2011 In compliance with this Request for Proposal, the undersigned acknowledges that I have read and understand all the conditions imposed herein and offer and agree to furnish the services in accordance with the attached proposal or as mutually agreed upon by subsequent negotiation. In consideration of the exclusive rights to produce, promote, originate, and transmit commercial radio broadcasts of all St. Cloud State University men s hockey, football, men s and women s basketball as provided in the Request for Proposal during the , , , , athletic seasons. Name of Firm: Address: City: State: Telephone: Federal ID Zip: (please include area code) State ID Name: Signature: Title: Date: 7

8 ST. CLOUD STATE UNIVERSITY REQUEST FOR PROPOSAL EXCLUSIVE MEN S HOCKEY, FOOTBALL, MEN S AND WOMEN S BASKETBALL RADIO BROADCAST Section 1 GENERAL INFORMATION 1.1 INVITATION TO BID: St. Cloud State University (referred to in this document as University ) invites responses on the exclusive radio rights to technically produce, privately promote and commercially broadcast live all men s hockey, football, men s & women s basketball games, home and away, as provided for in this Request for Proposal. 1.2 SCOPE OF SERVICE: It is understood that this response shall include the live broadcast of all home events plus live broadcast of all road games on an AM/FM signal. In consideration the University shall designate the successful Broadcaster as its official station for intercollegiate athletic events insofar as rights fees of host schools are concerned. However, any rights fees charged by a host institution or assessed for playoffs or championships shall be the responsibility of the Broadcaster. As in the past, KVSC will be excluded from the exclusive rights and be allowed to broadcast men s hockey, football, men s and women s basketball games that they choose. The football team will play 11 regular season games with either 5 or 6 home games plus potential NCAA playoff games. Football is typically played on Saturday. The men s and women s basketball teams will each play 26 regular season games with home games each plus potential post season playoff games. The current NSIC basketball schedules consist of 22 conference doubleheader games split equally home and away. All games are mostly Friday and Saturday. The men s hockey team currently plays between regular season schedule games with home games plus potential post season playoff games. Men s hockey games are typically played on Friday and Saturday evening. The radio broadcast partners make their own travel arrangements and are responsible for all travel costs. 1.3 ISSUING OFFICE: The SCSU Purchasing Department is issuing this Request for Proposal (RFP) on behalf of SCSU Athletics. The SCSU Purchasing Department is the sole point of contact regarding all procurement and contractual matters relating to the requirements described in this RFP, and is the only office authorized to change, modify, clarify, etc., the specifications, terms, and conditions of this RFP. All communications, including any requests for clarification, concerning this RFP shall be addressed no later than July 4, 2011 in writing or fax to: 8

9 St. Cloud State University Business Services - AS th Ave. S. St. Cloud, MN Reference : Exclusive Men s Hockey, Football, Men s and Women s Basketball Radio Broadcast Purchasing Contact: Lisa Sparks (320) Purchasing Fax: (320) lksparks@stcloudstate.edu Section 2 TERMS AND CONDITIONS 2.1 PROPOSAL EVALUATION AND AWARD: The award shall be made in the best interest of the University. This Request for Proposal is not subject to any competitive bidding requirements of Minnesota law. The University reserves the right to accept other than the most financially advantageous proposal. The University reserves the right to accept or reject any and all proposals, to waive any informality in proposals, and unless otherwise specified in writing by the Offeror, to accept any items in any proposal. The University may require oral presentation of one or more Offerors for the purpose of discussion and negotiation. 2.2 APPLICABLE LAW: This contract shall be governed and interpreted by the laws of the State of Minnesota. 2.3 PARTIES TO THE CONTRACT: The Contract shall be between St. Cloud State University, an agency of Minnesota State Colleges and Universities, and the successful Offeror known as the Contractor according to the terms set forth herein. A representative of the University will be responsible for the administration of the Contract, and referred to as the Contract Liaison. 2.4 CONTRACT COMMENCEMENT: It is the intention of the University to commence the resulting Contract on or about July 15, NON-DISCRIMINATION: In connection with the performance of work under this Contract, the Contractor agrees not to discriminate against any University employee or student because of race, color, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 2.6 STATE AUDITS: The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this contract shall be subject to examination by the contracting department and the Legislative Auditor. 9

10 2.7 LICENSES: The Broadcaster shall obtain, at its own expense, all necessary licenses and permits and shall assume the responsibility for, and pay all applicable fees and all other taxes incurred in conducting the operations encompassed in this document, whether within or outside the State of Minnesota. 2.8 SUPERVISION AND INSPECTION: The University will reserve the right to request the removal of any Contractor(s) employee from the performance of the contract if in the judgment of the University, such removal shall be necessary in order to protect the interests of the University. 2.9 AMENDMENTS: The Contract shall not be varied except by an instrument in writing executed subsequently to the execution of the Contract by both parties CONTRACT TERMINATION: The University may terminate with or without cause the Contract by giving the other not less than thirty (30) days written notice of the intention to terminate as of the specified date. In the event of such a cancellation, the UNIVERSITY shall be entitled to payment, determined on a pro rata basis. Sections 4.4 and 4.6 supercede this clause in notice and payment INDEMNIFICATION: The Contractor shall indemnify, defend or hold the University harmless: 1.) from and against any claim or demand by third persons for loss, liability or damage, including claims for property damage, personal injury or wrongful death, arising out of any accident thereto occasioned by any act or nuisance made or suffered on the Premises, or by any fire or other destructive force on the Premises or growing out of or caused by any failure on the part of the Contractor to maintain the Premises in a safe condition and shall reimburse the University for all costs and expenses in connection with the defense of such claims; and 2.) from and against all actions, suits, damages, and claims by whomsoever brought or made by reason of the non-observance or non-performance of any of the terms, covenants and conditions in the Contract or the rules, regulations, ordinances and laws of the United States or the State of Minnesota LAWS TO BE OBSERVED: The Contractor shall observe, perform and comply with or require compliance with all governmental laws, ordinances, rules and regulations of the United States and the State of Minnesota, the Minnesota State Colleges and Universities, or any department thereof, which in any manner may affect the providing of services required as outlined in this Request for Proposal LIENS: The Contractor shall not commit or suffer any act of neglect whereby the University premises shall become subject to any attachment, lien, or encumbrance whatsoever, except as hereinafter provided, and 10

11 shall indemnify and hold harmless the University from and against all attachments, liens, charges, and encumbrances and all expenses relating therefrom REIMBURSEMENT OF COSTS: Each Vendor submitting a proposal is responsible for all costs associated with preparing and submitting a complete proposal response, including costs that may be incurred in providing SCSU with additional information. SCSU is under no obligation to reimburse the Vendor for any proposal costs or incur any costs on Vendor's behalf DISPOSITION OF RESPONSES: All materials submitted in response to this RFP will become property of MnSCU and will become public record after the evaluation process is completed and an award decision made. If the Responder submits information in response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn, Stat , the Responder must: Clearly mark all trade secret materials in its response at the time the response is submitted. Include a statement with its response justifying the trade secret designation for each item, and Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments or damages awarded against the State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives that State s award of the contract. In submitting a response to this RFP, the Responder agrees that this indemnification survives as long as the trade secret materials are in possession of MnSCU. MnSCU will not consider the prices submitted by the Responder to be proprietary or trade secret materials. Responses to this RFP will not be open for public review until MnSCU decides to pursue a contract and that contract is awarded VENDOR SELECTION: The selection of a Vendor and the accompanying award of a contract, should either occur, is at the discretion of SCSU. Implementation of the services covered by executed contracts by any MnSCU campus other than SCSU will be at the sole discretion of those MnSCU campuses, and may require modifying addenda applicable solely to those campuses INSURANCE: The Contractor shall maintain, during the life of this Contract, the following minimum insurance requirements: General Liability: $2 Million Combined Single Limit per Occurrence, and $2 Million Aggregate Single Limit per Occurrence; Automobile Liability: $2 Million Combined Single Limit per Occurrence. Professional Technical Errors & Omissions Liability: $2 Million Combined Single Limit per Occurrence. 11

12 Commercial General Liability includes, but is not limited to: consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. Workers Compensation coverage complying with the laws of the State of Minnesota. These policies shall contain a covenant requiring thirty (30) days written notice to the University before cancellation, reduction or other modifications of coverage. These policies shall be primary and noncontributing with any insurance carried by the University and shall contain a severability of interests clause in respect to gross liability, protecting each named insured as though a separate policy had been issued to each. In the event that the Contractor fails to maintain and keep in force the insurance coverage as herein provided, the University shall have the right to terminate the Contract without notice. The Contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this Contract until specified coverage requirements are revised. The Contractor shall save, keep harmless and defend the University against any and all liability claims, cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property (State or otherwise) occurring in connection with or in any way incident to, or arising out of the occupancy, use, service, operation, or performance of work in connection with this Contract, resulting in whole or part from the negligent acts or omissions of employee, agent, or representative of Contractor. Insurance certificates furnished by companies licensed to do business in the State of Minnesota indicating the required minimum coverage shall be furnished the University prior to Contract award. The University shall each be listed as an additional name insured on the Commercial General Liability and any excess/umbrella liability policies. On notification of award and prior to issuance of the Contract, the Contractor shall provide the University, Certification of Insurance with the required kinds of insurance and minimum liabilities specified, issued by an insurance company licensed to do business in the State of Minnesota and signed by an authorized agent. In the event of cancellation, material change or intent not to renew any of the insurance requirements specified, thirty (30) days written notice shall be given the University by the party initiating any revision. Section 3 CONTRACT TERMS 3.1 TERMS AND CONDITIONS: The terms and conditions of the Contract will not be changed without prior written consent of both parties. The University reserves the right to obtain services from an alternate contractor should Contractor not be able to provide services when needed. 3.2 CONTRACT DOCUMENTS: It is mutually agreed by and between the State and the Contractor that the University s acceptance of the Contractor s offer by the issuance of a MnSCU Income Contract. The Contract entered into by the parties will consist of the Request for Proposal, the signed Proposal submitted by the Contractor, and any negotiations. All other communication between the parties, whether oral or written, with reference to the subject matter of this Contract is void and superseded. 12

13 3.3 CONTRACT TERM: The contract established from this invitation shall run from date of award through five full athletic event seasons, and expires on April 30, CONTRACT ASSIGNMENT: Neither this Contract nor any part hereof shall be assigned, sublet or transferred directly or indirectly without the written consent of the University. 3.5 CONTRACT LIAISON: For purposes of this Contract, the University liaison shall be: Morris Kurtz, Director of Athletics St. Cloud State University Phone: (320) Section 4 BROADCASTER SPECIFICATIONS AND REQUIREMENTS 4.1 Broadcaster shall include on-site pre-game, halftime, intermissions, and post game programs, and such announcements, program material or report of activities concerning the event and/or the University may be reasonably supplied or requested by the University. 4.2 Broadcaster shall comply with all applicable, current University broadcast regulations for athletic events, the broadcast regulations of the Northern Sun Intercollegiate Conference (NSIC) constitution and bylaws, Western Collegiate Hockey Association (WCHA) constitution and bylaws, and those of the National Collegiate Athletic Association (NCAA). 4.3 All subcontracts and arrangements and publicity shall identify the Broadcaster, by name, as a third party, i.e., presented by, presenting, produced by, or other terminology to disassociate the University from primary responsibility to the parties as to the arrangements, content, or financial obligation for broadcast activities. 4.4 It shall be the responsibility of Broadcaster to broadcast live each athletic event agreed upon in the contract. Failure to broadcast an event, except for preemption of circuits due to national emergencies or public interest network broadcasts, or technical difficulties beyond the control of the Broadcaster, will constitute cause for cancellation of this contract, and, notwithstanding said cancellation, Broadcaster shall be liable to University for all payments due University under the terms of this Agreement. In addition to payments due, liquidated damages shall be paid to the University equal to one fourth of the annual rights fee. The amounts due will not be pro rated. The University will have the option of requesting a taped delay broadcast in the event of a preemption of circuits due to national emergencies or public interest network broadcasts, or technical difficulties beyond the control of the Broadcaster. 4.5 Under applicable conference regulations, the successful bidder shall be officially designated as the official station of St. Cloud State University for the purpose of broadcasting road games. The successful bidder shall broadcast all such games. 4.6 Financial incentive specifications - Detail all financial incentives that Broadcaster is presenting in response to this RFP. 13

14 4.7 Promotion of Intercollegiate Sports: The successful bidder agrees that the broadcast facilities and resources of the University shall be utilized so as to advance the highest standards of intercollegiate athletics and to serve the best interest and needs of the University, its athletic teams and opponents. The University reserves the right to revoke the broadcasting permit under the contract, including during a broadcast, when the broadcast is considered incompatible with the University s program. 4.8 Sponsor Limitations: University reserves the right to approve or reject sponsorship products or services. Sponsorship from the following is not acceptable: a) Individuals or groups promoting the use of tobacco. b) Political parties, candidates, or movements. At no time will any commercial be permitted which compares, connects, or infers recommendation or endorsement of the advertiser s product or services by the University, its coaches, players, the appropriate athletic conference, or the NCAA. During the play-by-play of athletic events, commercials shall be no longer than 30 seconds in order to minimize interruption of the broadcast of the event. 4.9 Fee Disclaimer: The following disclaimer, as required by the Federal Communications Commission, shall be read at least once during the play-by-play of each event broadcast under the contract: This broadcast is authorized under broadcasting rights granted by St. Cloud State University solely for the entertainment of our listening audience. Any publication, rebroadcast or other use of the description and account of this game without the expressed written consent of St. Cloud State University and - is prohibited. The announcers for this broadcast are employees of and have been selected with the approval of St. Cloud State University This proposal includes the right for Broadcaster to establish and operate a network of radio stations throughout Minnesota and other states in order to carry live feeds of the game broadcasts, subject to the rules and regulations of the NCAA, the Western Collegiate Hockey Association, the Northern Sun Intercollegiate Conference, and any conference(s) to which University belongs or with which it becomes affiliated during the term of this contract; and Broadcaster shall put forth maximum effort to establish a radio network of as many Minnesota radio stations as possible in order to insure at least Central Minnesota-wide network, with the station selected in each market having exclusive rights to the broadcast in that market Broadcaster shall make said radio broadcasts available to all radio stations wishing to network at a reasonable cost not to exceed Broadcaster s expenses. Broadcaster agrees to put forth maximum effort to obtain the broadcast of said men s hockey, football, men s & women s basketball games in as many radio markets as possible Broadcaster agrees to provide live audio internet play-by-play coverage of all men s hockey, football, men s & women s basketball games Promotions: a. Broadcaster agrees to provide during each athletic season, up to four (4) minutes (in 30-second segments), air time, per contest, for use or assigned use by SCSU Athletics. b. Broadcaster agrees to annually provide second promotional spots to be used as mutually agreed upon with the University. c. Broadcaster agrees to other promotional co-sponsored events or items to be mutually agreed upon with the University (i.e. schedule cards, posters, concerts). d. Minimum 30 - minute pre-game and post-game show provided there is time between games. 14

15 Section 5 ROLE OF THE UNIVERSITY 5.1 The University will furnish the Broadcaster specific privileges necessary for the production and broadcast of all events originating on premises owned by the University. The Broadcaster s working personnel will be furnished media passes for each event. The media passes will be furnished by the University on a nocharge basis. It will be the responsibility of the Broadcaster to obtain and control such documents. The University shall assist Broadcaster in making arrangements for necessary access and admission of Broadcaster s broadcast personnel for games held on premises other than those owned by the University. However, any fees related to such broadcasts shall be the responsibility of Broadcaster. 5.2 Facilities and services at home games shall be made available as are reasonably required by the Broadcaster in the origination of the radio broadcasts. All requests for facility availability or related service must be made on a reasonable basis to allow time for response and compliance. 5.3 Broadcast Approval: The University reserves the right to approve the overall technical and production quality of each broadcast; the play-by-play and color announcers; the person to be interviewed on-the-air, live or by tape, during pre-game, half-time, period break, and recapitulation programs; the half-time or period break content; and the advertising appearing in connection with the promotion of the broadcast event, or on any published schedules of broadcasts. The University reserves the right to initially approve and periodically review the qualification of the prospective Broadcaster as to financial and technical ability to produce, originate and transmit such broadcasts and qualifications to promote these broadcasts in an acceptable manner. 5.4 Broadcast Rights: All rights to reproduce, distribute and use taped reproductions of game broadcasts or any portion thereof originating under this invitation to bid and resulting contract shall be reserved by, and for the exclusive benefit of, the University. The Broadcaster shall be given first right of refusal in the above, however. Except as authorized by the scope and terms of this invitation to bid and resulting contract, no reproduction, distribution or use at any time in any way, commercial or otherwise, of such tapes, recordings, or any promotion thereof, shall be permitted without the expressed written consent of the University. This restriction shall remain in full force and effect both during and after the expiration of the contract. The University reserves the rights for its own noncommercial radio operation to originate broadcasts of the University s athletic events for on-campus use as a teaching procedure for students enrolled at University. 5.5 The University is willing to negotiate with the Broadcaster complimentary tickets for men s hockey, football, men s & women s basketball that further enhances the broadcast. 5.6 The University shall provide one (1) public address announcement during all home men s hockey, football, men s and women s basketball games. 5.7 The University shall grant exclusivity to Broadcaster as the only radio station which will be aired on the public address system prior to, during or following home games if a radio station is to be played. 5.8 The University shall include the Broadcaster personnel in the off ice intermission promotions at all home regular season men s hockey games. The University shall include the Broadcaster personnel in the halftime activities at all home regular season football, men s and women s basketball games. 15

16 Cost Center Obj. Code Amount Vendor # P.O. # F.Y. STATE OF MINNESOTA [Insert your Institution Name] MINNESOTA STATE COLLEGES AND UNIVERSITIES INCOME CONTRACT This contract is by and between (hereinafter "PURCHASER") and the State of Minnesota acting through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of [Your Institution Name] (hereinafter "STATE"). WHEREAS, the PURCHASER has a need for a specific service; and WHEREAS, the STATE, is empowered to enter into income contracts pursuant to Minnesota Statutes, Chapter 136F; NOW, THEREFORE, it is agreed: I. DUTIES OF STATE. The STATE agrees to provide the following: 16

17 II. DUTIES OF PURCHASER. The PURCHASER agrees to provide the following: III. CONSIDERATION AND TERMS OF PAYMENT. A. Consideration for all services performed and goods or materials supplied by the STATE pursuant to this contract shall be paid by the PURCHASER as follows: B. Terms of Payment. Payment shall be made by the PURCHASER for the previous month no later than the 23rd day following the last day of the month being billed for IV. TERM OF CONTRACT. This contract shall be effective on, 20, or upon the date that the final required signature is obtained by the STATE, whichever occurs later, and shall remain in effect until, 20, or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. V. CANCELLATION. This contract may be canceled by the PURCHASER or STATE at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the STATE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. VI. AUTHORIZED REPRESENTATIVES. The PURCHASER'S Authorized Representative for the purposes of administration of this contract is. The STATE'S Authorized Representative for the purposes of administration of this contract is. 17

18 Each authorized representative shall have final authority for acceptance of services of the other party and shall have responsibility to ensure that all payments due to the other party are paid pursuant to the terms of this contract. VII. VIII. IX. ASSIGNMENT. Neither the PURCHASER nor the STATE shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. LIABILITY. The PURCHASER shall indemnify, save, and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of this contract by the PURCHASER or PURCHASER'S agents or employees. This clause shall not be construed to bar any legal remedies the PURCHASER may have for the STATE'S failure to fulfill its obligations pursuant to this contract. AMERICANS WITH DISABILITIES ACT COMPLIANCE (hereinafter "ADA"). The PURCHASER is responsible for complying with the Americans with Disabilities Act, 42 U. S. C , et. seq. and regulations promulgated pursuant to it. The STATE IS NOT responsible for issues or challenges related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA. X. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties who executed the original contract or their successors in office. XI. XII. XIII. GOVERNMENT DATA PRACTICES ACT. The PURCHASER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the STATE in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this contract. The civil remedies of Minnesota Statutes Section 13.08, apply to the release of the data referred to in this Article by either the PURCHASER or the STATE. In the event the PURCHASER receives a request to release the data referred to in this Article, the PURCHASER must immediately notify the STATE. The STATE will give the PURCHASER instructions concerning the release of the data to the requesting party before the data is released. JURISDICTION AND VENUE. This contract shall be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of this contract, or the breach thereof, shall be located only in the state or federal court with competent jurisdiction in Ramsey County, Minnesota. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the PURCHASER relevant to this contract shall be subject to examination by the contracting department and the Legislative Auditor. XIV. OTHER PROVISIONS. (Attach additional page(s) if necessary): 18

19 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. MINNESOTA STATE COLLEGES AND UNIVERSITIES [Insert your Institution Name] By (authorized signature) Title Date 2. PURCHASER: PURCHASER certifies that the appropriate person( s) have executed the contract on behalf of PURCHASER as required by applicable articles, by-laws, resolutions, or ordinances. By (authorized signature) Title Date By (authorized signature) Title Date 3. AS TO FORM AND EXECUTION: By (authorized college/university/office of the chancellor initiating agreement) Title Date MnSCU008 7/7/03 Revised 11/13/08 1