ECC Board of Trustees

Executive Summary

Date: August 27, 2015

Subcommittee: Academic Affairs

Agenda Item: Agreement between ECC and Buffalo State College for Honors Program’s Room Rental at Burchfield Penny Art Center – Annual Event

This item is for: For Board's Approval Backup Documentation: Attached to this document

Background Information:

An Honors Retreat on September 24 for orientation would be the first event of the academic year for

the Honors Program and provide new students dialogue with current Honors students regarding

curriculum, activities and opportunities. The current number of students in the Honors Program is 111.

The 2013-2014 final count of students was 80.

Reasons for Recommendation:

The Burchfield Penney Art Center provides a superior meeting space for the retreat and is a cultural

experience with an included tour of the gallery.

Fiscal Implications:

The event costs are competitive with other venues, and expenses are paid through the Auxiliary Services

Corporation from the Honors allocation.

Consequences of Negative Action:

NA

Steps Following Approval:

Review and approval by the Executive Vice President of Legal Affairs.

Contact Information If Any Questions:

Richard C. Washousky, Executive Vice President of Academic Affairs, North Campus

Phone: (716) 851-1500 / E-Mail: washousky@ecc.edu

BUFFALO STATE The State University of New York

Jack Quinn/ Sabrina caine Erie Community College Honors Program 121 Ellicott Street Buffalo, NY 14203

Dear Jack & Sabrina:

July 21, 2015

Events Management Office U eveland Hall 11 2 1300 Elmwood Avenue Buffalo, NY 14222-1095 Tel: (716) 878-6114 !'ax: (716) 878-6127

www.buffalostate.edu

Buffalo State is pleased to honor your request for the use of our facilities at the Burchfield Penney Art Center on the following dates and times:

Erie Community College Honors Program Burchfield Penney Art Center - Executive Board Room Thursday, September 24, 2015 8 a.m. to 4 p.m. Event: 9 a.m. to 3 p.m.

Estimated Attendance: 25-30

Immediate action is required on the following items in order to finalize your reservation.

1. Sign/Notarize (where indicated) both the Rental Agreement and Revocable Permit.

2. Provide proof of single limit public liability insurance in the amount of $1,000,000.

All of the required forms and $1,000,000 insurance rider must be received in the Events Management Office on or before: August 24, 2015.

The $1,000,000 single limit public liability insurance rider must name: "Buffalo State, Burchfield Penney Art Center, Buffalo State Foundation, State of New York and SUNY" as co-insured. This insurance must cover all dates of fadlity use.

Return the entire packet, Signed/notarized forms, insurance rider, and all exhibits, directly to:

Karen Jurewicz, Events Manager Buffalo State Cleveland Hall 112 1300 Elmwood Avenue Buffalo, NY 14222

3. Provide monies due as noted below.

An estimated Services Rendered/Rental Fee made payable to "Burchfield Penney Art Center'' in the amount of $280 > will be due no later than: August 24, 2015.

Please send a check or money order directly to:

Allie Brady, Manager, Events & Rentals Burchfield Penney Art Center 1300 Elmwood Avenue Buffalo, NY 14222

This reservation is tentative until we receive all completed documentation. Failure to complete and return the required documents by the date(s) listed above will result in the cancellation of this agreement.

Please do not hesitate to call the Events Management Office at 716- 878-6114 if you have any questions regarding the above.

Cc: BPAC

51~\ 1

~~ Karen Jurewicz, Events Manager Events Management

BURCHFIELD PENNEY ART CENTE R

1300 Elmwood Ave., Buffalo, NY 14222-1095 • (716) 878-3227

RENTAL AGREEMENT

• fax (716) 878-6003 • <bradyar@buffalostate.ed u>

Please sign and return an original copy of this agreement to the attention of Manager, Events & Rentals at the address above. A copy of the contract, signed by a BPAC representative, will be returned to you. BPAC reserves the right to refuse any event without cause or reason Rentals are not reserved until this agreement is fully executed and a deposit for the full amount is received along wtth proof of insurance. A portion of your deposit may be refundable (see Terms & Conditions). All details regarding your event must be confirmed with your BP AC representative no less than two weeks prior to your event; no event will be scheduled with less than two weeks notice. Events requiring food and beverage must use BPAC's exclusive caterer, currently Oliver's; catering services should be arranged with them by calling (716) 877-9662 directly.

CONTACT & EVENT INFORMATION

Contact Name: _ _,..,Ja..,c,..,k.....,OIC!.m'-"·n,.,n~--------- Event Date: M T W Th F Sat Sun September 24 . 2015

Dept./Organization: ECC Honors Program Time of Event: -""-9 _____ am/pm to _ _,3'---- arn!pm

Billing Address: 121 Ellicott St.: Buffalo. NY 14203 Set-up Start Time: ___ _ Tear-down End Time:

Event: ECC Honors Retreat Event Type: • Meeting 0 Lecture 0 Reception I Private Party

Phone: 851-1720 Fax: ____ _ 0 Lunch I Dinner 0 Cafe 0 Oliver's 0 Concert 0 Tour

E-mail: ____ _,c..,a...,in"-'e<~:Ccll~.""ec...,c"".c""o""m.._ _______ _ Estimated Attendance: _ _...3""0'---- First-time User? 0 yes • no

Spaces to Reserve: 0 Auditorium 0 Studio/Classroom 0 2nd Floor Reception Space 0 Louise Terrace • Executive Board Room

Will you serve food? 0 yes 0 no Florist:--------------------- Arrival Time: ____ _

Will you serve alcohol? • yes 0 no Special Equipment: ------------ ----- Arrival Time: ____ _

Will you provide music? • yes 0 no Musicians: --------------------- Arrival Time: ____ _

RATES & FEE SCHEDULE

You must be a member of BPAC to rent any portion of the facility for a private function. The basic rental fee listed below covers a period of four contiguous hours, unless otherwise noted, and includes set-up and tear-down times. No event including set-up time, may start before 7:30am, nor continue past I :OOam, including tear-down time. A BPAC representative, including appropriate security personnel, must be on-site for the duration of your event, including all set-up and tear-down times, and for receipt of all deliveries. • f b d r h · h r ·n b h d $ oo dd' · al h I museum has to e opene ear ter t an operatm ours, c tent wt e c arge I ' per a ttl on our.

PRICING M-F M-Th &Sun. F &Sat. Sat., 10am-5pm Additional Sam-Spm Spm-Midnlght 5pm-Midnlg ht Sun.,1-5pm Hourly Rate

Reception Space (3 hours with set-up/tear-down) Non-Profit Member Price $ 560 $875 $980 $700 $175

Studio/Classroom or Board Room (4 hours)

Non-Profit Member Price $280 $350 $420 $280 $70

Auditorium (4 hours w1th set-up/tear-down) Non-Profit Member Price $350 $ 350 $ 455 $ 455 $ 105

Rehearsal Rate (per hour) $1 5/hr $40/hr $40/hr $15/hr as listed $15/$60

Basic event rental fee = $ 280 AUTHORIZATIONS

Additional hourly charge = $ l ser Signature·

Auditorium rehearsal rate = $ Print Name·

Accepted by Events Management ---------------·

Other: $ Accepted by (BPAC): --------------------

TOTAL ALL FEES = $ 280 Print Name: ________________ _ Date: ______ _

FOR MUSEUM USE ONLY: Total Amount Received $ Check/PO# Date BPAC Staff Initials

By signing this agreement, the User agrees to abide by the attached BPAC Event Terms & Conditions and shall indemnifv and hold harmless BPAC. BSC, BSC FoundatiOn, SUNY. state of New York and all related 1 rustees, officers, agents, and employees from and against all claims, aamages, losses, and expenses arising ~ut of or resulting from, the pertonnance of the Agreement, including but not limited to personal mjury, death, or property damage, to the extent that any such clatm, damage. loss. or expense 1s caused in whole or part by the negligent, reckless. or intentional act or omission by the User, any guesVparticipant in the event organized by th~ User. or any other person for whose acts the organizer may ()e liable. I 0/08

DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCETHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

CONTACTPRODUCER NAME:FAXPHONE(A/C, No):(A/C, No, Ext):

E-MAILADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #

INSURER A :INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSD WVDCOMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT

$OTHER:COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident)BODILY INJURY (Per person) $ANY AUTO

ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS

$

UMBRELLA LIAB EACH OCCURRENCE $OCCUREXCESS LIAB CLAIMS-MADE AGGREGATE $

$DED RETENTION $PER OTH-WORKERS COMPENSATIONSTATUTE ERAND EMPLOYERS' LIABILITY Y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $If yes, describe under

E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

© 1988-2014 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01)

ERIECOM-01 CMUNIZ

8/25/2014

License # BR-632443Lawley Agency, LLC361 Delaware AvenueBuffalo, NY 14202

1 (716) 849-8618 1 (716) 849-8291

Philadelphia Indemnity Ins Co 18058

Erie Community CollegePaul Danieu, Business Mgr4041 Southwestern BlvdOrchard Park, NY 14127

A X 1,000,000X X PHPK1221553 08/25/2014 08/25/2015 100,000

X Agg Limits per Campu 5,0001,000,0002,000,0002,000,000

1,000,000A X PHPK1221553 08/25/2014 08/25/2015

X 5,000,000XA PHUB471735 08/25/2014 08/25/2015 5,000,000

10,000X

Certificate Holder is included as Additional Insured as required by written executed contract with regards to the use of the Burchfield Penny Art Center on Tuesday, September 23, 2014

Buffalo State, Burchfield Penny Art Center, Buffalo State FoundationState of New York and SUNY1300 Elmwood Avenue, Cleveland 112Buffalo, NY 14222

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STATE UNIVERSITY OF NEW YORK REVOCABLE PERMIT

NON-COMMERCIAL ORGANIZATIONS OCCASIONAL USERS

THIS AGREEMENT, made this 21st day of Julv 2015, by and between the STATE UNIVERSITY OF NEW YORK, an educational corporation organi1.ed and existing under the laws of the State of New York, and having its principal place of busmess located at State University Plaza, Albany. New York 12246, hereinafter referred to as "State University", acting for and on behalf of the STATE UNIVERSITY COLLEGE AT BUFFALO hereinafter referred to as the College and Erie Community College Honors Program

(Incorporated, Not Incorporated), a non-commercial organization having its principal place of business located at 121 Ellicott Street

Buffalo, NY 14203

Jack Quinn/ Sabrina Caine Attention:--------------------­hereinafter referred to as "the Permittee".

W I r N E S S E T H:

WHEREAS, the Permittee will be conducting an on-campus event which requires certain facilities, hereinafter referred to as the "event", and

WHEREAS, State University has such facilities available at the College, and

WHI:REAS, the parties desire to enter into an agreement whereby State University will make such facilities available to the Permittee for the event.

NOW, THEREFORE, be it known that a revocable permit is hereby granted to the Permittee, subject to the terms and conditions as hereinafter provided. to use the facilities and services designated in "Exhibit B" on the date(s) and times specified thereon.

I. State University shall supply all ordinary and necessary water, gas, electncity, light, heat and sewerage facilities for the premises. Unless specifically indicated otherwise in Exhibit B, no telephone service shall be provided by State University to Permittee hereunder.

2 The Permittee shall take good care of the premises, fixtures and appurtenances to preserve the premises in good order and condition.

3. Upon the prior written approval by State University. the Permittee may use other areas of the College Campus upon the same terms and conditions as provided herein.

4. In consideration of the facilities and services to be provided by State University as enumerated herein, the Permittee agrees to reimburse State University in accordance with the costs or serv1ces stipulated on the attached "Exhibit C" and any other extraordinary costs incurred by the College to meet the requirements of the Permittee. Payment shall be made by the Permittee upon receipt of an official billing statement from the College. The form and manner of presentatiOn of the statement shall be mutually agreed upon by the Permittee and the College.

5. The Permittee shall be responsible for any and all damages or loss by theft or otherwise of property whether such property shall belong to State University or to others, and for injury to persons (including death) which may in any way result from the operation or conducting of the event, or may be caused by any of the persons involved in the event, whether or not directly caused by the Permittee

6. The Permittee shall be responsible for and shall maintain good discipline and proper behavior on the part of all persons in any way involved with the event and agrees to remove any personnel involved in the event whose actions, or failure to act, shall in the sole judgment of State University. after consulting with the Permittee, be deemed to be detrimental to State University.

7 In addition to the authority of State University of New York, under paragraph 21 . if, in the judgment of the State University, activities of any personnel in any way involved in the event should be such that State University, after consultation with the Permittee, shall determine that the continuatiOn of the event for the then remaimng period covered by this agreement shall be contrary to the best interest of State University. State University may terminate this agreement without liability of any kind whatsoever therefore, and the Permittee and all personnel so involved shall be thereupon removed from State University premises.

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8. This agreement shall be interpreted according to the laws of the State of New York. The Pennittee shall comply with established University and College regulations and policies and with all laws. rules, orders, regulations and requirements of federal, state and municipal governments applicable thereto including the provisions contained in the rider attached hereto and made a part hereof as "Exhibit A", if necessary, Pennittee shall obtain and keep in force at its sole cost and expense, any pennits or licenses which may be required by any local, state or federal governmental body.

9 The Pennittee agrees that the issuance of this pennit shall in no way diminish the statutory authorization of State University to possession, pursuant to the Education Law, of the State controlled property to which this penni! relates; nor shall the dominion and control by State University over the said State property be in any way dimimshed.

10. The Pennittee specifically agrees that this penni! does not create the relationship of landlord and tenant between the State University and the Pennittee regarding the use of the State controlled property to which this penn it relates.

11. The Pennittee specifically agrees that this pennit shall be void and of no further force and effect upon any use of the State controlled property to which this pennit relates which is inconsistent with State Law or which in any way conflicts with the purposes or objectives of State University.

12. Upon removal from said premises, the Pennittee shall, at its sole cost and expense, restore the premises as nearly as possible to the condition in which these premises were in when the use by the Pennittee began, other than ordinary wear and tear to the premises.

13. The Pennittee shall have the right, so long as this pennit shall remain in force, to enter upon said State lands for the purpose of maintaining, operating and using facilities designated in "Exhibit B".

14. The Pennittee specifically agrees not to hold itself out as representing the State of New York or State University of New York in connection with the use of the State owned property to which this permit relates, nor shall the name of the State of New York or the State University of New York be used by Pennittee for any purpose without prior written approval of the State University.

I 5. The Pennittee assumes all risk incidental to the use of said facilities and shall be solely responsible for any and all accidents and injuries to persons and property (including death) arising out of or in connection with the event, use of facilities, its appurtenances and the surrounding grounds and hereby convenants and agrees to indemnify and hold harmless the People ofthe State of New York and the State University of New York from any and all claims, Suits, actions, damages and costs of every nature and description arising out of or relating to the use of the facilities, its appurtenances and the surrounding grounds or the violation by said Pennittee, its agents, employees or contractors of any law, code, order, ordinance, rule or regulation in connection therewith. The Pennittee further agrees, on being requested so to do, to assume the defense and to defend, at its own cost and expense, any action brought at any time against the People of the State of New York and/or the State University of New York in connection with the claims, Suits and losses, as aforesaid.

16. The Pennittee agrees to provide evidence of appropriate insurance protection or, subject to campus detennination, reimburse the campus for its prorated share of insurance purchased on behalf of non-commercial organizations covering property damage, personal injury or death arising out of the use of University facilities.

17. The Pennittee specifically agrees that if this pennit is cancelled or tenninated for any reason, the Pennittee shall have no claim against the State of New York nor its officers and employees, and the State of New York, its officers and employees shall be relieved from any and all liability.

18. Any notice to either party hereunder must be in writing signed by the party giving it and shall be served either personally or by registered mail addressed as follows:

TO THE COLLEGE: Buffalo State 1300 Elmwood Avenue

Buffalo. NY 14222-1095 Attention: Thomas Coates, Director

Events Management Cleveland Hall 112

TO THE PERMITTEE: ECC Honors Program 121 Ellicott Street

Buffalo, NY 14203 Attention: Jack Quinn/ Sabrina Caine

Or to such other addressee as may be hereafter designated by notice. All notices become effective only when recetved by the addressee.

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19 This agreement constitutes the entire agreement of the parties hereto and all previous communications between the parties, whether written or oral, with reference to the subject matter of this contract are hereby superseded.

20. The relationship of the Permittee to State University and the State of New York arising out of this agreement shall be that of independent contractor.

21. The permission hereby granted shall continue only during the pleasure of the State University of New York and may be revoked at any time without cause. Upon revocation of the permission hereby granted and notice thereof served either in person or by registered mail, said Permittee shall and will promptly discontinue the use of the premises and shall thereupon remove all of its property from the premises and shall restore the premises to the same condition it was in before use by the Permittee commenced, except that this permit shall terminate September 25. 2015 @ 12:01 a.m. _______ in any event, if not sooner revoked. Under no circumstances shall State University ofNew York be held liable for damages of any kind, either direct or indirect, for termination of this permit.

IN WITNESS WHEREOF, the Permittee has caused this instrument to be sealed and signed by its duly authorized officer, and the State University has caused this instrument to be e:..ecuted by its duly authorized officer.

STATE UNIVERSITY OF NEW YORK

By: _____________ _ By: OFI'ICIAL REPRESENTATIVE

OF COLLEGE

STATE OF NEW YORK COUNfYOF ) SS.:

OFFICIAL llliPRESl.i'l TA 11\'E 01' P[R\-11 IT F.E

(ACKNOWLEDGMENT BY INDIVIDUAL)

On this --------------- day of 20 before me personally came ._ _________ to me known and known to me to be the person described in and who executed the foregoing instrument and he/she acknowledged to me that he/she executed the same.

Notary Public

(ACKNOWLEDGMENT BY UN!NCORPORA TED ASSOCIATION)

Sf ATE OF NEW YORK COUNTY OF ) SS.:

On this day of , 20___, before me personally came to me known and known to me to be the person who executed the above instrument, who, being duly sworn by me. did for himselfr'herself depose and say that he/she is a member of the firm of

and that he/she executed the foregoing instrument in the firm name of --- -------------· and that he/she had authority to sign same, and he/she did duly acknowledge to me that he/she executed the same as the act and deed of said firm of for the uses and purposes mentioned therein.

Notary Public

(ACKNOWLEDGEMENT BY CORPORATION)

STA IE OF NEW YORK COUNTY OF ) SS:

On this day of . 20 __ . before me personally came to me known, who being duly sworn, did depose and say that he/she resides ; that he/she is the of the ----- ------· the corporation described in and which executed the foregoing instrument: that he/she knows the seal of said corporation; that the seal affixed to sa1d instrument is such corporate seal, that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name then:to by hl,.e order.

Notary Pub 1.

ECC Signature Page – Accepted and Agreed

Affil iate: _Buffalo State – The State University of New York_

____________________________________________________

Signature

____________________________________________________ Printed Name

____________________________________________________ Title

_________________________________________ Date

Approved as to Content:

____________________________________________________

Richard C. Washousky, Executive Vice President for Academic Affairs, Erie Community College

_July 28, 2015______________________________

Date

____________________________________________________ Jack Quinn, President, Erie Community College

_________________________________________

Date

STATE OF NEW YORK COUNTY OF ERIE On the _______ day of ____________, before me personally came Jack Quinn, to me known to be the individual described in, and who, executed, the foregoing instrument and acknowledge that he executed the same.

____________________________________________________

Notary Public

Approved as to Form: ____________________________________________________

Kristin Klein Wheaton, Executive Vice President for Legal Affairs, Erie Community College _________________________________________

Date ECC Document No.

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EXHIBIT A

The parties to the attached contract further agree to be bound by the following, which are hereby made a part of said contract:

I. This contract may not be assigned by the contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or disposed of without the previous consent, in writing, of the State.

D. Th1s contract shall be deemed executory only to the extent of money available to the State for the performance of the terms hereof and no liability on account thereof shall be incurred by the State of New York beyond moneys available for the purpose thereof.

m. During the performance of this contract; the contractor agrees as follows:

a The contractor will not discriminate against any employee or applicant for employment because of race. creed, color, sex, national origin, age, d1sability or marital status.

b. If directed to do so by the Commissioner of Human Rights, the contractor will send to each labor union or representative of workers with which the contractor has or is bound by a collective bargaining or other agreement or understanding, a notice, to be prov1ded by the State Commissioner of Human Rights, advismg such labor union or representative of the contractor (s) agreement under clauses (a) through (g) (hereinafter called "non-discnmination clauses"). If the contractor was directed to do so by the contracting agency as part of the bid or negotiation of this contract, the contractor shall request such labor union or representative to furnish a written statement that such labor union or representative will not discriminate because of race, creed, color, sex, national origin, age, disability or marital status, and that such labor union or representative will cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses and that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the contractor shall promptly notifY the State Commissioner of Human Rights of such failure or refusal.

c. If directed to do so by the Commissioner of Human Rights, the contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commissioner of Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's laws against discrimination as the State Commissioner of Human Rights shall determine.

d. The contractor will state, in all solicitations or advertisements for employees placed by or On behalf of the contractor, that all qualifit.:d applicants will be afforded equal employment opportunities without discrimmation because of race, creed, color. sex~ national origin, age, disability or marital status.

e. The contractor will comply with the provisions of Sections 290-299 of the Executive Law and with the Civil Rights Law. will furnish all information and reports deemed necessary by the State Commissioner of Human Rights under these non-discrimination clauses and such sect ions of the Executive Law, and will permit access to the contractor's books, records and accounts by the State Commissioner of Human Rights, the Attorney General and the Industrial Commissioner for the purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

f. This contract may be forthwith canceled, terminated or suspended, in whole or m part, by the contracting agency upon the basis of a finding made by the State Commissioner of Human Rights that the contractor has not complied with these non-discrimination clauses, and the contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the State, until the contractor satisfies the State Commissioner of Human Rights that the contractor has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commissioner of Human R1ghts after conciliation efforts by the Commissioner have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the Commissioner, notice thereof has been given to the contractor and an opportunity has been afforded the contractor to be heard publicly in accordance with the Executive Law. Such sanctions may be imposed and remedies invoked independently of or in add1tion to sanctions and remedies otherwise provided by law.

g. The contractor will include the provisions of clauses (a) through (f) in every subcontract or purchase order in such a manner that such provisions will be binding upon each subcontractor or vendor as to operations to be performed within the State of New York. The contractor will take such action in enforcing such provisions of such subcontractor or purchase order as the State Commissioner of Human Rights or the contracting agency may direct, includmg sanctions or remedies for

5

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non-compliance. If the contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the State Commissioner of Human Rights or the contracting agency. the contractor shall promptly so notif'y the Attorney General requesting the Attorney General to intervene and protect the interests of the State of New York.

IV. The agreement shall be void and of no force and effect unless the contractor shall provide coverage for the benefit ot: and keep covered during the-life of this agreement, such employees as are required to be covered by the provisions of the Worker's Compensation Law.

Erie Community College Honors Program

EXHIBIT 8

State University ofNew York Revocable Permit

Non-Commercial Organizations Occasional Users

Name ofPemittee

The following facilities and services will be provided by the College to the above-named Permittee on _ _ see below ______ _ date(s) during

the hours of ______ to _____ _

Burchfield Penney Art Center - Executive Board Room Honors Retreat Thursday, September 24, 2015 8 a.m. to 4 p.m.

Erie Community College Honors Program

EXHIBIT C

State University of New York Revocable Permit

Non-Commercial Organizations Occasional Users

Name of Permittee

The Permittee agrees to compensate the College in the amount of_,.es"'ti..,m...,a,.t,.,ed.._$""28,..0'---------- for the use of the facilities described in Exh1bit 8 This compensation was determined on the following basis:

n:ntal and/or services ••group to provide Burchfield Penney Art Center with an estimated balance in the amount of $280 - check made payable to "Burchfield Penney Art Center " due on or before: August 24, 2015. **group to prov1de Events Management with a $1 ,000,000 insurance rider naming "Buffalo State, Burchfield Penney Art Center, State of New York, Buffalo State Foundation, and SUNY" as co-insureds- due on or before: August 24, 2015. • •group to provide Events Management with a signed Rental Agreement (where indicated) due on or before: August 24, 2015. ••group to provide Events Management with a signed/notarized Revocable Permit (where indicated) due on or before: .\ugust 24 2015. **Payment must be kept up to date or the contract will be terminated by the College • • We are unable to accept cash

.FAIU RE TO COMPLETE THE ABOVE BY THE DATE DUE WILL RESULT IN THE CANCELLA TJON OF THIS EVENT

Events Management. Cleveland lla11112 716-878-6114 fax 716-878-6127