University of wisconsin-madison purchasing services

Term of Agreement:

3. Personnel, Employment and Staffing:

1. 
   A Contract Administrator to act with full authority on the Contractor’s behalf in all matters pertaining to the University and this Contract.
   
2. 
   Plan Submitter must designate a person(s) to provide information to the University in regard to the Contractor’s Affirmative Action plans.
   
3. 
   Contractors shall have in their employ, sufficient qualified and competent personnel to perform work promptly and in accordance with Contract requirements.
   
4. 
   The Contractor shall appoint a Contractor Administrator to consult with the University on current and future sponsorship programs and act with full authority on the Contractor’s behalf in all matters pertaining to Contract requirements.
   
5. 
   The Contractor, its officers, agents and employees, in the performance of this Contract shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the University. Contractor agrees that it shall take such steps as may be necessary to ensure that each subcontractor or contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer or partner of the University.
   
6. 
   Contractor shall be responsible for personnel relations of payrolled employees. Contractor shall comply with all applicable government regulations related to employment, compensation and payment of personnel.
   
7. 
   Contractor’s personnel shall observe all regulations of the University. Failure to do so may be grounds for reassignment of the Contractors staff. Once a Contractor’s employee has been reassigned, they shall not be transferable to another UW System campus serviced by the Contractor and cannot be used for any other UW Madison services provided by the Contractor in the future.
   

3. Firm Compensation:

3. Payment, Report and Audit Requirements:

Contractor shall maintain complete and accurate records of Sponsorship transactions and contracts in accordance with accepted industry accounting practices. The records will include, at a minimum, financial records and statements pertaining to this Contract, a record of any Sponsorship Contract, Sponsor Payment records, payments to the University, and will be retained for a period of five years from the close of each year's operation. The Contractor shall make available such records for inspection by the University upon request.

As part of its responsibilities under this Agreement, Contractor will perform all accounting and record keeping associated with this Agreement including invoicing and collection of revenue. Contractor will provide University with monthly statements setting forth the prior month’s billings, copies of new sponsorship agreements, line item summary of direct business expenses incurred by Contractor, and detailed summary of all invoices issued and revenue collected. For the periods ending June 30, of each contract year, Contractor will provide a verified summary signed by an officer of sponsorships billed and collected by Contractor for each of such periods (“Verified Statements”). The Verified Statements will be provided by Contractor to University within forty-five (45) days from the end of each such period. Contractor shall remit proceeds due the University on a quarterly basis.

3.6.2 Payments:

3.6.2.1 Contractor shall pay the University for each period’s volume on or before the 20th day of the next month following the quarterly ending date. These payments shall be accompanied with a detailed explanation of transactions by location including and total of payment due. Causes of unusual amounts or transactions shall be noted by the Contractor as part of these statements.

3.6.2.2 Payments not received by the University on the 20th day following previous quarter of service shall be paid by the Contractor plus an interest penalty on the payments due at the prevailing interest in place and used by the State of Wisconsin for delinquent income tax.

3.6.2.3 Upon Contract expiration or termination, payments due the University shall be paid in full.

3.6.3 Definition of Revenue:

The Adjusted Gross Revenue (AGR) in excess of the "Base Revenue" shall be divided equally between Contractor and the University. For this purpose, AGR shall mean the collected revenue from sponsorship sales minus all direct business expenses relating to the revenue billed by Contractor including agency commissions, sponsor implementation costs (signage and printing costs), sponsor promotional and fulfillment expenses, sales or taxes charged by any governmental entity and any third party fees.

It is understood that materials and services obtained through trade shall not be deducted from Base Revenue collected.  Contractor shall include an itemized list of deducted expenses with scheduled statements. Itemization will include the sponsorship(s) associated with each expense and reference receipts for the amount deducted.  Contractor will make the University aware of anticipated deductions from Base Revenue when sponsorship opportunities are presented.

The University shall retain the right to obtain reimbursement of direct out of pocket expenses incurred in the delivery of a sponsorship.  Such expenses shall be used as a credit against expenses incurred by Contractor.  Upon receipt of the draft scheduled settlement statement the University shall provide Contractor with an itemized statement of expenses.  Itemization will include the sponsorship(s) associated with each expense and reference receipts for the amount to be credited. 

The University shall make the Contractor aware of such expenditures in advance so that they may be factored into the fee charged to Sponsors

3.6.4.1 The Contractor shall provide the University a quarterly statement showing the volume of service and payment due for the quarter and the total amount paid year to date.

3.6.4.2 Final format for all reports will be mutually agreed upon by the Contract Administrator, and the Contractor.

3.6.5 Audit:

3. 
   
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