ࡱ>  bjbj {xx$===PA =a !L!!!"b#\#0&a(a(a(a(a(a(ad#gv(a=%""=%=%(a!!=a'''=%|!!&a'=%&a''jT^!cd=%\jaSa0a]g&gd^^&g_#0$"'@$\$###(a(aY'###a=%=%=%=%g######### : Date: July 16, 2012 RE: Matthew Knight Arena Production Services Dear Potential Respondent: The University of Oregon (University), is seeking stage hand production services for use at the University of Oregons Athletic Department Matthew Knight Arena. The University of Oregon currently outsources stage hand labor. This letter does not constitute a solicitation for bids or an offer of a contract. Responses will not bind you to the University (or the University to you) contractually or monetarily, or in any other way. Please do not respond exclusively by telephone or merely by sending marketing brochures. Please feel free to make suggestions, in addition to responding to the questions. Please submit your responses to Devon Shea, 2727 Leo Harris Parkway, Eugene, OR 97401 by no later than August 6, 2012. Responses submitted after this date may be considered if the University, in its sole discretion, deems appropriate or desirable. Once the University receives all information it wishes to obtain, it will evaluate the information and determine whether to negotiate with you. The University may negotiate with no vendors, one vendor, or more than one vendor. It is the Universitys intent to purchase the components and services it deems, in its sole discretion, to provide the best value to the University, though the University may choose to purchase no components or services. Price will be one of many factors considered in any purchase. The factors considered are not limited to those addressed in this letter, the responses to this letter, or any other inquiries the University might make and responses it might receive. The University is under no obligation to share additional information with you beyond that contained in this letter but may do so if the University, in its sole discretion, deems it advantageous. It is hoped that the result of this process will be a binding contract between the University and a vendor which will include terms and conditions substantially set forth in the draft contract enclosed with this letter. If you have questions, concerns or proposed revisions to any of the terms and conditions contained in the attached contract, you must address those in your response. If you do not address your questions, concerns or proposed revisions in your response, the following terms and conditions in the attached agreement will be non-negotiable and will not be subject to revision: Sections: 6 and 7. The University is seeking information to use in negotiating the acquisition of a/an Production stage hand services for Matthew Knight Arena as outlined in the Request for Service below. In your response to this letter please address the following: 1) Description of past experience with similar work including location, description of event or work, and labor requested to complete event or work 2) Description of technical skills of their personnel 3) Description of your ability to meet labor needs that fluctuate significantly. Please highlight large rigging. 4) Description of your safety policies and practices 5) Description of your customer service philosophy 6) Description of experience of your Lead Rigger including certifications, show history, safety practices etc. 7) Ability to meet the insurance requirements as depicted on page 7, section 4. 8) Ability to meet the standard University of Oregon contract requirements included below In your response to this letter, please provide reference information (name, address, telephone number, email address) for at least three educational or similar type institutions. Responses to this letter will be retained by the University for a required retention period and made a part of a file or record that will be open to public inspection. If a response contains any information that is considered a trade secret under ORS 192.501(2), you must mark each page containing such information with the following legend: TRADE SECRET. The Oregon public records law exempts from disclosure only bona fide trade secrets, and the exemption from disclosure applies unless the public interest requires disclosure in the particular instance. Non-disclosure of documents or any portion thereof or information contained therein may depend on official or judicial determinations made pursuant to law. An entire response to this letter marked as trade secret is unacceptable, and the response will be returned to you for modification. Questions about this procurement should be directed to Devon Shea-541-346-7356 or Mike Duncan-541-346-5326. Thank you for your prompt attention to this letter and your interest in the University of Oregon. Sincerely, University of Oregon Request for Service Matthew Knight Arena is seeking an entity to fill its need for traditional Arena production services for external events. This would include concerts, theatrical events, family shows, motor sports, and bull-riding to name a few. This would include the movement of production equipment in and out of the Arena. Production equipment would include rigging motors, rigging equipment, trussing, lighting, speakers, power distribution, power cables, audio cables, video screens, video screens, projectors, show curtains, set pieces, props, scenery, pyrotechnics, wardrobe, staging, soft goods, audio mixing boards, lighting mixing boards, communication head-set and cabling, spot lights, show related control/computer systems, production/show office related equipment and any other show related equipment. Regional Information Matthew Knight Arena is located on the East end of the University of Oregon Campus. Eugene is the second largest city in Oregon with a population of 160,000. Eugene is closely neighbored by Springfield, OR with a population of 50,000. It is located in Lane County with a population of 350,000. Median Household Income in Eugene is $39,000. Address: 1776 East 13th Street Eugene, OR 97403 General Arena Information Matthew Knight Arena is a 12,000+ seat, multi-purpose, full-service arena designed, constructed and operated to house many different types of sporting and entertainment events. The arena is home to the Oregon Ducks Mens Basketball Team, Womens Basketball Team, Womens Volleyball Team and the Acrobatics and Tumbling Team and is operated by the Athletic Department. Matthew Knight Arena opened in January 2011 and has hosted various entertainment events including: Concerts: Avenged Sevenfold, Elton John, Miranda Lambert, Brad Paisley, Lady Antebellum, Trans-Siberian Orchestra Theatrical: Disney Live, Jeff Dunham, Cirque du Soliel-Dralion, Cirque du Soliel-Michael Jackson, Sesame Street Live Other: Globetrotters, Nike Clash Tennis Event, Monster Trucks, Pro Bull Riding, Ringling Bros. and Barnum and Bailey Circus, WWE Live, Acquire the Fire, University Convocation and Commencement Matthew Knight Arena has an open beam rigging grid that is 79-2 off of the event deck. Beams range from 15 to 18 apart depending on the area. It has a shock absorbent fall protection system throughout the rigging grid. It has an overall rigging capacity of 140,000 lbs. with the stage end rated for 120,000 lbs. The Arena has a large underground loading dock area with 4 docks on event deck level, 4 dock levelers and a large freight elevator that goes to all levels of the Arena. There is a 75 push from the dock to the normal stage location. The Arena floor is 153 X 105 in the typical concert configuration and can go to 167 X 105 in an additional configuration. The stage power room is located behind the back wall of the stage end of Arena Floor. It houses approximately 3,200 AMP 3-Phase in several different breaker configurations. The Arena has various equipment to support shows including a large staging system, stairs, hand rails, blow through barricade, stage skirting, pipe and drape, soft goods, tables, chairs, furniture, forklifts, scissor lifts, boom lifts etc. The Arena has a full-service in house Operations Staff to support events including a House Electrician, Audio Visual Staff, Utility Crew Members, HVAC Operators, Custodial Staff, Event Manager, Operations Supervisor, and an Arena Director. To support the above request we have included some traditional positions and job responsibilities that would need to be covered. Steward The Steward shall coordinate with Arena Staff to assure the safe, efficient, supervision and direction of the crew. The Steward will check-in all stagehands upon arrival. The Steward will track all times worked by the crew presenting a final bill to Arena Management and/or Show for their review. Steward shall work with the Production Manager, Stage Manager, other show staff and Arena Management to assemble, assign and direct stagehand crew as the show needs. Stagehands Stagehands shall work with the show on load-in or load-out and or performance doing various jobs under the direction of the Show, the Promoter or Arena Management. Up Rigger Up Riggers are those who install, maintain and dismantle the physical means of support for the overhead equipment associated with the lifting and supporting of objects above the floor. They are required to know and understand the Arena rigging guidelines, standard practices for the use of fall protection, standard safety practices for rigging on open beams, and know and understand the rigging limits of the equipment they are using. They are required to report any deviations from any of these guidelines or practices to Arena Management. Down Rigger Down Riggers are those who assist the Up Riggers in assembling and/or disassembling production equipment associated with the show on the Arena floor. They are required to know and understand the Arena rigging guidelines, standard safety practices for rigging on open beams, and know and understand the rigging limits of the equipment they are using. They are required to report any deviations from any of these guidelines or practices to Arena Management. Loaders Loaders are those who assist with the loading and unloading of trucks. They may also be reassigned following the unloading of the trucks. Wardrobe Wardrobe shall work with the show on load-in or load-out and or performance, associated with costumes, doing various jobs under the direction of the Show, the Promoter or Arena Management. This could include but not limited to, doing laundry, sewing, mending, or repairing costumes, dressing performers, and staging costumes. Forklift Operator Forklift Operators work with the show to facilitate loading or unloading trucks and moving production equipment throughout the Arena. They must be certified to be able to Operate a forklift and be able to present proof of certification at the request of Arena Management. They must be aware of standard safety practices as it pertains to operating a forklift in a show environment. SpotLight Operators Spotlight Operators operate spot lights during the show at the direction of show personnel. They must be able to take direction via headset and execute on cue the desired affect the show is requesting. They must be familiar with spot light operation in a show environment. They must be familiar with the spot lights so that they can trouble shoot an issue while in operation. They must be familiar and follow standard Fall protection practices and Arena guidelines as it pertains to operating the Arena spot lights. SAMPLE TRADE SERVICES AGREEMENT  FORMTEXT [TYPE OF SERVICE] This Trade Services Agreement (Contract) is entered into by the State Board of Higher Education on behalf of the University of Oregon (University) and  FORMTEXT [NAME OF SERVICE PROVIDER] (Contractor). University and Contractor are each "Party" and collectively Parties". RECITALS University requires  FORMTEXT [describe services and deliverables], as further described in this Contract and Exhibit A (Work).  FORMTEXT [OPTIONAL:University has issued an [formal/informal] solicitation seeking the Work and Contractor has responded to the solicitation.] Contractor represents that it has the requisite skill, experience and qualifications to perform the Work under this Contract and was the successful respondent to the informal solicitation. University and Contractor wish to enter into Contract for the Work. AGREEMENT In consideration of the mutual promises contained in Contract, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows: 1 Scope of Work Contractor will perform the services and provide the Work described on Exhibit A, Scope of Work, which is incorporated by reference. 2 Invoicing and Payment Contractor will invoice University and University will pay Contractor in accordance with the invoicing instructions and payment terms included on Exhibit B, Invoicing and Payment. Exhibit B is incorporated by reference. The total compensation under this Contract, including any reimbursable expenses, will not exceed $ FORMTEXT [TOTAL AMOUNT OF CONTRACT]. 3 Term This Contract will commence on  FORMTEXT [START DATE]or on the date last signed, whichever is later (Effective Date) and will terminate on  FORMTEXT [END DATE]. 4 Insurance Contractor will maintain insurance for the duration of the Contract, as follows: Insurance. Contractor will secure at Contractors own expense and keep in effect during the term of this Contract either comprehensive general liability insurance with a broad form CGL endorsement or broad form commercial general liability insurance, covering bodily injury and property damage, with a minimum limit of $1,000,000 per occurrence with an aggregate amount of $2,000,000, which will include personal and advertising injury liability and products. Contractor will secure at Contractors own expense and keep in effect during the term of this Contract a Commercial Auto Liability insurance policy with a minimum limit of $1,000,000 per occurrence with an aggregate amount of $2,000,000. Insurance policies are to be issued by an insurance company authorized to do business in the State of Oregon with a minimum financial rating of an AM Best rating of A- or higher. All liability insurance will be arranged on an occurrence basis. No insurance will be allowed on a "claims made" basis. Before the Contract is executed by the University, Contractor must provide both of the following two documents to University: An endorsement from the insuring company, naming (using the following exact language) the State of Oregon, acting by and through the State Board of Higher Education, on behalf of the University of Oregon, their officers and employees as additional insured. A Certificate of Insurance from the insuring company evidencing insurance coverages required by this Contract. The Description of Operations must include (using the following exact language) the State of Oregon, acting by and through the State Board of Higher Education, on behalf of the University of Oregon, their officers and employees as additional insured. The certificate will provide that the insurance company will give a 30-day written notice to the University if the insurance is cancelled or materially changed. 5 Standard Terms and Conditions The Standard Terms and Conditions for Trade Services Agreement are attached as Exhibit C, and incorporated by reference. 6 Exhibits The following additional Exhibits/Attachments are incorporated in this Contract:  FORMTEXT [INSERT EXHIBIT TITLES AS NEEDED] [NEXT PAGE IS THE SIGNATURE PAGE] IN WITNESS WHEREOF, the Parties have entered into this Contract. UNIVERSITY State of Oregon, acting by and through the State Board of Higher Education, on behalf of the University of Oregon By: ________________________ Date:___________ Name: _____________________ Title: ______________________ Purchasing and Contracting Services Address: 720 E 13th Ave. Suite 302, Eugene, OR 97401 Phone Number: 541-346-1255 CONTRACTOR By (Sign) ________________________ Date:_________ Name (Print) ______________________ Title _____________________________ Address:__________________________________ Phone Number: ________________________ EXHIBIT A TRADE SERVICES AGREEMENT SCOPE OF WORK The following services are to be provided by the Contractor:  FORMTEXT [Provide a detailed description of the Work to be performed (or reference an attachment) including any milestone dates, standards or guidelines to be met, identified deliverables, etc.] EXHIBIT B TRADE SERVICES AGREEMENT INVOICING AND PAYMENT SCHEDULE INVOICING: Contractor will submit invoices  FORMTEXT [basis for invoicing] or when all Work is completed. Invoice documents will clearly identify all Work performed, the date the Work was completed, the time to complete the Work (if appropriate), and identify who performed the Work. All expenses, if reimbursable, must be identified and itemized. PAYMENT:  FORMTEXT [Please insert a detailed statement of the dates and amounts for payments to be made and any service milestones or deliverables attendant to such payments.. EXHIBIT C TRADE SERVICES AGREEMENT STANDARD TERMS AND CONDITIONS DEFINITIONS: (i) "Contract" means the entire written PO, these Purchase Order Standard Terms and Conditions, and any other terms and conditions and agreements referenced on the face of the PO. (ii) "ORS means the Oregon Revised Statutes; "OAR" means Oregon Administrative Rule; USC means United States Code. (iii) Deliverables means goods and/or services provided to University by Contractor under this Contract. (iv) "University" means the State Board of Higher Education acting by and through the University of Oregon, making the purchase pursuant to this Contract, and means an ORCP member if the purchase is being made under the State of Oregons cooperative purchasing program authorized by ORS 190.240. (v) "Contractor" means the party named in Contract with whom University has contracted for the purchase of goods or goods and services. (vii) University and Contractor are each a Party and collectively Parties. ACCESS TO RECORDS. Contractor will maintain records, sufficient to accurately document its performance of this Contract. University will have access to such records of Contractor for the purpose of determining compliance with this Contract. Contractor will retain all such records, for a minimum of six years following final payment under or termination of this Contract, or such longer period as may be required by applicable law or to conclude any audit, review, or controversy. INDEMNITY FOR INFRINGEMENT CLAIMS. EXCEPT TO THE EXTENT ARISING FROM MATERIALS PROVIDED TO CONTRACTOR BY UNIVERSITY, WHICH MATERIALS ARE UTILIZED BY CONTRACTOR IN THEIR UNALTERED FORM AND WITHOUT LIMITING THE GENERALITY OF THE INDEMNIFICATION CLAUSE REFERENCED IN THE HOLD HARMELSS SECTION BELOW, CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS UNIVERSITY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, LIABILITIES, COSTS, EXPENSES, AND DAMAGES ARISING OUT OF OR RELATED TO ANY CLAIMS THAT THE DELIVERABLES INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK, UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. The indemnity under this Section will not apply to the extent such alleged or actual infringement arises as a result of (i) modifications of such work made by University which were not approved by Contractor, or (ii) Contractors compliance with any of Universitys designs, specifications or instructions. In the event that a court of competent jurisdiction determines in a final, non-appealable order that the work is infringing in a manner for which Contractor is obligated to indemnify University pursuant to this Section, Contractor will, at its option, either (1) procure for University the right to continue using such infringing work; (2) replace the infringing work with a non-infringing item of like form, fit or function; or (3) modify the work so that it no longer infringes. HOLD HARMLESS. Contractor will be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay which may be caused by, or result from any act or omission of Contractor, its subcontractors, agents, or employees. Contractor will indemnify and hold harmless University and its governing board and their directors, officers, agents, employees, and members from all claims, suits, and actions of any nature resulting from or arising out of the acts or omissions of Contractor or its subcontractors, officers, agents, or employees. INDEPENDENT CONTRACTOR STATUS. The service(s) to be rendered under this Contract are those of an independent contractor. Contractor is not to be considered an agent or employee of University for any purpose, and neither Contractor nor any of Contractor's agents or employees are entitled to any of the benefits that University provides for its employees. Nothing in this Contract will be construed to create a partnership, joint venture, franchise, agency, or employment relationship between the Parties. OWNERSHIP OF WORK PRODUCT. All Deliverables that result from this Contract (Work Product) are the exclusive property of University. University and Contractor intend that such Work Product be deemed "work made for hire" of which University will be deemed the author. If for any reason the Work Product is not deemed "work made for hire," Contractor irrevocably assigns to University all its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor will execute such further documents and instruments as University may reasonably request in order to fully vest such rights in University. Contractor forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. FEDERAL REQUIRMENTS. If this Contract is federally funded in whole or in part, Contractor must comply with all applicable provisions of OMB Circular A-110. Further, if this Contract is funded with American Recovery and Reinvestment Act (ARRA) funds or if Federal Funding Accountability and Transparency Act (FFATA) applies, Contractor is required to submit certain information to University. If Contractor fails to timely submit such required information, University reserves the right to cancel this Contract or, if work has been performed, withhold payment until such required submittals have been received. EXCLUSIVITY. University is not bound by exclusivity provisions. REPRESENTATIONS AND WARRANTIES. Contractor represents and warrants that (1) Contractor has the power and authority to enter into and perform this Contract; (2) The individual signing for Contractor is authorized to execute this Contract on behalf of Contractor; (3) This Contract, when executed and delivered, will be a valid and binding obligation of Contractor, enforceable in accordance with its terms; (4) The work under this Contract will be performed in a good and workmanlike manner and in accordance with the highest professional standards; and (5) Contractor will, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the work; and (6) Contractors name, as it appears in this Contract, is Contractors legal name, as it will appear in the Contractors W-9, and if Contractor is an entity rather than an individual, that the entity named in this Contract is validly existing and in good standing. Unless otherwise stated on the face of the PO, all Deliverables will be new and current model and will carry full manufacturer warranties. Contractor warrants all Deliverables delivered to be free from defects in labor, material and manufacture and to be in compliance with solicitation specifications. All implied and expressed warranty provisions of the Uniform Commercial Code (ORS chapter 72) are incorporated in this Contract. All warranties will run to University. The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided. INSPECTIONS. Deliverables furnished under this Contract will be subject to inspection and test by University at times and place determined by University. If University finds Deliverables furnished to be incomplete or not in compliance with solicitation specifications, University may reject the Deliverables and require Contractor to either correct them without charge, or provide at a reduced price, at Universitys discretion. If Contractor is unable or refuses to cure any defects within a time deemed reasonable by University, University may reject the Deliverables and cancel this Contract in whole or in part. Nothing in this paragraph will in any way affect or limit University's rights as buyer, including the rights and remedies relating to rejection under ORS 72.6020 and revocation of acceptance under ORS 72.6080. SUBCONTRACTS AND ASSIGNMENTS. Contractor will not subcontract, assign or transfer any of its interest in this Contract without obtaining prior written approval from University, which consent may be withheld by University in its sole discretion. As a condition to requesting prior written approval, Contractor must provide a written copy of any such proposed assignment or subcontract to University. University's consent to any assignment or subcontract will not relieve Contractor of any of its duties or obligations under this Contract. Any assignment or subcontract in contravention of this Section will be null and void. SUCCESSORS IN INTEREST. This Contract will be binding upon and will inure to the benefit of the Parties, and their respective successors and assigns. TERMINATION. (a) This Contract may be terminated at any time by mutual written consent of both Parties. (b) University may at its sole discretion terminate this Contract in whole or in part upon 30-days written notice to Contractor. (c) University may terminate this Contract effective upon delivery of written notice to Contractor, or at such later date as may be established by University, if (i) federal or state regulations or guidelines are modified, changed, or interpreted in such a way that either the work under this Contract is prohibited or University is prohibited from paying for such work from the planned funding source; or (ii) any license or certificate required by law or regulation to be held by Contractor to provide the services required by this Contract is for any reason denied, revoked, or not renewed. (d) University may terminate this Contract for default (including breach of contract) if (i) Contractor fails to provide Deliverables called for by this Contract within the time specified in this Contract or any extension of this Contract; or (ii) Contractor fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms, and after receipt of notice from University, fails to correct such failures within ten business days. (e) Contractor may terminate this Contract upon 30-days written notice to University if University fails to pay Contractor pursuant to the terms of this Contract and University does not cure such failure to pay within 30-business days after receipt of Contractor's written notice, or such longer period as Contractor may specify. TERMINATION DUE TO NONAPPROPRIATION OF FUNDS. University may terminate this Contract upon written notice to Contractor if University has not: (a) Received from the Oregon Legislative Assembly appropriations, limitations or other expenditure authority, or (b) Received allotments pursuant ORS Chapter 291 sufficient to allow University, in the exercise of its reasonable administrative discretion, to pay the amounts of this Contract. REMEDIES. (a) In the event of termination pursuant to Section 14(b), (c)(i) and 15, Contractor's sole remedy will be a claim for the sum designated for accomplishing the work multiplied by the percentage of work completed and accepted by University, less previous amounts paid and any claim(s) which University has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor will pay any excess to University upon demand. (b) In the event of termination pursuant to Sections 14(c)(ii) or (d), University will have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under these subsections, the rights and obligations of the Parties will be the same as if the Contract was terminated pursuant to Section 14(b). (c) Upon receiving a notice of termination of this Contract, Contractor will immediately cease all activities under this Contract, unless University expressly directs otherwise in writing. Upon termination of this Contract, Contractor will deliver to University all Work Product, documents, information, works-in-progress and other materials that are or would be Deliverables or otherwise the property of University had the Contract been completed. Upon University's request, Contractor will surrender to anyone University designates, all documents, research or objects or other tangible things needed to complete the work. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner with or prohibit Contractors full performance of this Contract. Contractor also covenants that in the performance of this Contract no person having any such interest will be employed. Contractor further covenants that its performance of this Contract will not cause any employee or volunteer of University to violate ORS Chapter 244. NON-RESIDENT FOREIGN CONTRACTORS. For non-resident foreign Contractors with U.S. sourced income, University will withhold Federal Tax at the applicable tax rate from Contractor's fee unless Contractor is eligible for tax treaty benefits, or qualifies for exemption under other areas of the tax code. Contractor must provide a completed and signed US Internal Revenue Service (IRS) Form to claim tax treaty benefits (8233 or appropriate W8 form). Contractor must have a U.S. reporting Identification Number, a Social Security Number (SSN), IRS Tax Identification Number (ITIN), or Employer Identification Number (EIN) to be eligible for tax treaty benefits. If applicable, Contractor will enter the US in a legal status allowing Contractor to work for University as evidenced by the US Citizenship and Immigration Services (USCIS) I-94 stamped or attached to Contractors passport or this Contract is void. NOTICES. Except as otherwise expressly provided in this Contract, any communications between the Parties or notices to be given under this Contract will be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to Contractor or University at the address or number set forth on the signature page of this Contract, or to such other addresses or numbers as either Party may indicate. Any communication or notice so addressed and mailed will be deemed to be given five days after mailing. Any communication or notice delivered by facsimile will be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against University, such facsimile transmission must be confirmed by telephone notice to University's supervising representative. Any communication or notice by personal delivery will be given when actually delivered. CAPTIONS. The captions or headings in this Contract are for convenience only and in no way affect the meaning or interpretation of this Contract. COMPLIANCE WITH APPLICABLE LAW. Contractor will comply with all applicable federal, state, county, and local laws, ordinances, and regulations. Without limiting the prior sentence, Contractor also agrees to comply with all applicable laws prohibiting discrimination on the basis of race, sex, national origin, religion, age, sexual orientation, status as a veteran, or handicap. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT. Contractor agrees to protect the confidentiality of student information and to comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations, specifically 20 U.S.C. 1232G, 34 C.F.R. 99.33, ORS 351.070 and OAR 571-020, with respect to any redisclosure of personally identifiable information from education records obtained from the University. GOVERNING LAW; JURISDICTION; VENUE. This Contract will be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, or suit between University and Contractor will be brought and conducted solely and exclusively within a Circuit Court for the State of Oregon. However, if any claim, action, or suit must be brought in a federal forum, it will be brought and conducted exclusively in the United States District Court for the District of Oregon. In no event will any part of this Contract be construed as a waiver by University of its sovereign and governmental immunities. BY EXECUTION OF THIS CONTRACT, CONTRACTOR CONSENTS TO IN PERSONAM JURISDICTION OF SUCH COURTS. RECYCLED PRODUCTS. Unless expressly otherwise provided for in contract, all paper products will be sourced from mills using elemental chlorine-free processes and contain a minimum of 30% post-consumer waste. MATERIAL SAFETY DATA SHEET. In accordance with the OR-OSHA Hazard Communication Rules in OAR chapter 437, Contractor will provide University with a Material Safety Data Sheet for any Deliverables provided under this Contract which may release, or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag, or mark such Deliverables. SURVIVAL. All provisions of this Contract that would reasonably be expected to survive the termination of this Contract will do so. SEVERABILTY. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected. The Parties agree to attempt to substitute for any illegal or unenforceable provision a valid or enforceable one that achieves the economic, legal and commercial objectives of the illegal and unenforceable provision to the greatest extent possible. ECONOMIC OPPORTUNITIES. Contractor will, when applicable, have made good faith efforts to work with or obtain materials to be used in performing the Contract from minority-owned, women-owned, and emerging small business enterprises. DUAL PAYMENT. Contractor will not be compensated by any other party for work performed under this Contract. NO THIRD PARTY BENEFICIARIES. University and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or will be construed to give any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name and expressly described in this Contract as intended beneficiaries. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract. PAYMENT. Unless a different payment date is specified on the front of the PO, payment for goods and services under the PO will be made within 45 days following the date the entire order is delivered, services complete, if applicable, or the date the invoice is received, whichever is later. Payment of overdue account charges by University will be subject to OAR 580-061-0050. FOREIGN CONTRACTOR. If Contractor is not domiciled or registered to do business in the State of Oregon, Contractor will promptly provide to the Oregon Department of Revenue and the Secretary of State, Corporation Division, all information required by those agencies relative to this Contract. Contractor will demonstrate its legal capacity to perform these services in the State of Oregon prior to entering into this Contract. FORCE MAJEURE. Neither University nor Contractor will be held responsible for delay or default caused by fire, riot, acts of God, terrorist acts, or other acts of political sabotage, or war where such cause was beyond, respectively, University or Contractor's reasonable control. Contractor will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligation under this Contract. WAIVER. The failure of University to enforce any provision of this Contract will not constitute a waiver by University of that or any other provision. ATTACHMENTS. All attachments, addenda, schedules and exhibits which are referred to in this Contract are incorporated in this Contract. MERGER. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED IN THIS CONTRACT REGARDING THIS CONTRACT. NO AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THIS CONTRACT WILL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT, OR WAIVER WILL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. CONTRACTOR, BY THE SIGNATURE TO THIS CONTRACT OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE CONTRACT AND CONTRACTOR AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. COMMUNICATIONS STANDARDS AND GRAMMAR AND STYLE GUIDELINES. Contractor will conform to all applicable University Communications Standards and University Grammar and Style Guidelines available at ( HYPERLINK "http://des.uoregon.edu/cp_grammar.html" http://des.uoregon.edu/cp_grammar.html). SUCCESSORS IN INTEREST. This Contract will be binding upon and will inure to the benefit of the Parties, and their respective successors and assigns. EXECUTION AND COUNTERPARTS. This Contract may be executed in counterparts, and via facsimile or electronically transmitted signature (i.e. emailed scanned true and correct copy of the signed Contract), each of which will be considered an original and all of which together will constitute one and the same Contract. At the request of a Party, the other Party will confirm facsimile or electronically transmitted signature page by delivering an original signature page to the requesting Party.     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