Contracts and Templates

 

Contracts Training Schedule

Spring 2014

 

The Office of Legal Advisor provides basic training in contracts for managers. The training covers business contracts, affiliation agreements, software contracts, and other such agreements. Learning objectives include:  contract negotiation, standard boiler-plate provisions, the role of legal advisor, and vendor ploys. The training also covers the Madison College contracts review process.

 

·       February 6, 2014, 12 p.m.-1:20 p.m.

·       March 6, 2014, 12 p.m.-1:30 p.m.

·       April 10, 2014, 12 p.m.-1:30 p.m.

·       May 8, 2014, 12 p.m.-1:30 p.m.

 

 

Location:  Truax B2202

 

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I.  INTRODUCTION TO CONTRACTS AND TEMPLATES
  • Legal Advisor maintains hundreds of templates depending on the business need. Legal Advisor also maintains sample policies unique to higher education.
  • Contracts are very deal-specific. A general contract template cannot possibly address every business deal. However, staff are required to use the Contract Service Agreement for all contracts resulting from the competitive RFP/RFB process.
  • A general template is often used, and specific terms and provisions unique to the business deal may be incorporated into the main agreement via of attachments, exhibits, schedules and addendums.
  • A template is a good starting point, and if written properly, will identify important considerations of the business deal.
  • Most business templates are written such that the business risk is split 50/50 between the College and the engaging entity. Madison College templates address the unique needs of the College, a governmental entity.
  • Staff may use the vendor’s template, but are encouraged to negotiate the business deal as most desirable to the College. Many times vendor templates are one-sided in favor of the vendor.
  • When using a template, please read through the entire template carefully, as provisions reflect the business deal. Staff may add, delete or modify provisions not congruent with the desired business deal.
  • For more information on contracts and templates, see the Madison College Contracts Manual.
II.  GENERAL RELEASE TEMPLATES


General Release of Claims-Incident. This form is generally used to settle a claim where a monetary amount is involved.

Non-disclosure and Confidentiality Agreement. This template should accompany the General Release of Claims-Incident form above.

General Release of Claims. This form is used for a general release of claims prior to any incident and where no money is involved.

Publicity Release and Waiver-Events. This form is used to obtain permission and a release of claims when taking pictures and photographs of students at College events, and using these pictures in College brochures.

General Release of Claims for Field Trips. This is a general release used for field trips.

General Release of Claims for Study Participants. This form is used for study participants who will be videotaped in the College. This is for a study that is not sponsored by the College.

General Release of Liability for Other Entity. Use this form when the College is releasing other entities from liability.

 

III.  INDEPENDENT CONSULTANTS/SERVICES CONTRACT TEMPLATES AND WORKSHEETS

 

Madison College Contracts Manual. This manual provides general contract information for staff.  It includes information on Madison contracts, how to negotiate contracts, general boilerplate contract language, and the Madison College contract review procedure.

Contract Review Form. Use this form for 38.14 contracts, affiliation agreements and student life event contracts submitted for review and approval to Legal Advisor.

Contract Review Comprehensive Form. This is a more comprehensive review form that must accompany all contacts except affiliation agreements, 38.14 agreements and student life event agreements.

Contract Review Procedure. This is  a list of the contract review procedure to obtain legal review and final approval/signature.

Contract Service AgreementThis is the College's master contract template.  It must accompany all contracts that have resulted from the competitive RFP process.  This template is for general consulting/service transactions.  This template is not for use for large major software contracts (use the vendor's template).

Contract Service Agreement Addendum One. These are additional provisions to the Madison College Contract Service Agreement for labor and public works contracts. This attachment contains the required  performance and payment bond language.

Subaward Grant Template. This is a standard template for when the College subgrants work to an outside agency. This is used for non-federal grants.

Attachment(s). This template is used to attach additional provisions to a main contract before execution. Attachments generally provide supplemental information referred to in the main contract. Generally, attachments are supporting documentation.

Amendment. This template is used when the contract has already been executed (signed and into effect) and both parties mutually agree to change (modify) some of the terms. Unlike an attachment, you will notice that the amendment has a signature block for new signatures.

 

IV. MISCELLANEOUS AGREEMENTS AND POLICY SAMPLES AND PROVISIONS

 
Public Record Request Template Letter. This template letter is for staff to use when making public record requests to other governmental agencies.
 
Standard Non-Disclosure Template. The template is a standard non-disclosure agreement to be used when discussing sensitive and confidential information before the business transaction is executed.  The definition of "confidential" is subject to Wisconsin open records law, and therefore, this agreement should be used with reservation.
 
Authorization to Release Personal Data. This form authorizes the College to release data to third parties for a specific event.  This is not a blanket FERPA release form, which must be obtained from the Enrollment Center.
 
Authorization to Release Personal Data-Sample Cover Letter.  This sample cover letter accompanies the Authorization to Release Personal Data, and reminds third parties to handle personal information safely.