contracts

NOTE: The formats on this Web page are intended to assist University personnel in addressing a number of common contracting situations. There is not a contract format here for every situation. If your situation does not fall strictly within the limits described in connection with the formats provided below, please contact Jeff Kipfmueller or Doug Smith in the Office of the General Counsel, so that a proper form of agreement can be provided or drafted.

All files are in .pdf format. If you do not have the the Reader plug-in already installed, click here to download Adobe Acrobat Reader.

User Guide: As Paperless As Possible Contract Review Process
As Paperless As Possible Contract Process

UPP 1-06 Contract Training Slides
Contract Training Slides

Master Contract Review Checklist
Master Contract Review Checklist

Independent Contractor Requirements
Independent Contractor Verification Form

Temporary Employee Hire Form

If a contract or Statement of Work for a University Purchase Order is for personal services to be performed by a designated individual and the Form W-9 submitted for tax purposes is that individual’s Social Security Number, a completed Independent Contractor Verification must be submitted with the Contract Processing and Approval Form (if OGC review and approval under UPP 1-06 is required) or to Purchasing and Accounts Payable (if no OGC review is required). Have the contractor follow the instructions on the Verification Form.

If the contractor does not qualify as an independent contractor under Wisconsin law, one option is to retain the individual’s services as a “loaned employee” through Stivers Staffing Services. Complete the Temporary Employee Hire Form and follow the instructions. No contract is required if the individual is hired as a temporary employee through Stivers. Address unusual situations to OGC at ogccontracts@marquette.edu or extension 8-7343.


Contract Processing and Approval Form
Contract Processing and Approval Form

Complete and attach this form to all contracts which are sent to the Office of the General Counsel for review. Please complete all fields (revised 09/2010).

Speaker Agreement
There are three options for contracts involving speakers on campus.(Guest instructors for classes for which students receive academic credit are different; contact an OGC attorney to discuss.)

1) Speaker Agreement under $1,000
If the speaker's payment is under $600, and the speaker's payment plus all expenses paid directly by the University on behalf of the speaker are less than $1,000, use the Speaker Agreement under $1,000. No changes to the Speaker Agreement under $1,000 are permitted. No OGC review of the agreement and no University Purchase Order are required.

2) Speaker Agreement with Honorarium and Total Payments under $2,500
If Marquette has determined the amount to be received by the speaker without negotiations, the payment is an "honorarium." If the honorarium, plus all expenses paid directly by the University on behalf of the speaker, are less than $2,500, use the Speaker Agreement with Honorarium and Total Payments under $2,500, together with a University Purchase Order for Services. No OGC review of the Speaker Agreement with Honorarium and Total Payments under $2,500 is required.

3)Speaker Agreement with Honorarium and Total Payments over $2,500
If Marquette has determined the amount to be received by the speaker without negotiations, the payment is an "honorarium." If the honorarium, plus all expenses paid directly by the University on behalf of the speaker, are $2,500 or more, or if the speaker has any required additions or changes to the contract, use the Speaker Agreement with Honorarium and Total Payments over $2,500. Use the Non-Resident Entertainer Rider if the speaker is not a Wisconsin resident and the total payments are over $7,000.

Nonresident Entertainer Rider
Non-Resident Entertainer Rider **UPDATED
Use together with the Speaker Agreement when paying a non-Wisconsin resident more than $7,000 (fee plus expenses EXCLUDING travel) for entertainment or public speaking services. This form is required by Wisconsin law.
Performer Agreement

Performer Agreement
Use when hiring a musician, band or other performer for a Marquette event.

Consulting Agreement

Consulting Agreement
Use when hiring a person for consulting services.

Force Majeure Rider
Force Majeure Rider.pdf

Use when booking events, receptions, dinners, travel IF the contract does not contain a mutual force majeure clause (which allows either party to avoid liability if that party cancels due to an Act of God or other condition beyond that party's control).

 

Foreign Travel Information

Please contact the Office of International Education for all international travel.

Statements of Work (SOW)

Creative Services SOW

Use with the Services Purchase Order Terms and Conditions for creative services--illustrator, photographer, graphic designer, musician (for recorded music only), voice-over, videographer, video producer, or script or text writer--when no changes to the Services Purchase Order Terms and Conditions and SOW Terms and Conditions are required. Complete all blanks marked by an asterisk (*) and see the Instructions at the end of the from. OGC review is not required when this SOW is used without changes.

Equipment Rental Services SOW

Use with the Services Purchase Order Terms and Conditions for equipment rentals when no changes to Services Purchase Order Terms and Conditions and SOW Terms and Conditions are required.  Complete all blanks marked by an asterisk (*) and see the Instructions at the end of the form.  OGC review is not required when this SOW is used without changes.

General Consulting Services SOW

Use with the Services Purchase Order Terms and Conditions for consulting services when no changes to Services Purchase Order Terms and Conditions and SOW Terms and Conditions are required.  Complete all blanks marked by an asterisk (*) and see the Instructions at the end of the form.  The “Description of Consulting Services” should normally incorporate by reference the consultant’s written description of the scope of, and limitations upon, the consulting assignment.  Consulting services normally consist of evaluation and recommendations concerning University programs or processes that result in a written report to be delivered to the University.  OGC review is not required when this SOW is used without changes but is available upon request.

General Personal Services SOW

Use with the Services Purchase Order Terms and Conditions for personal services when no changes to Services Purchase Order Terms and Conditions and SOW Terms and Conditions are required.  Complete all blanks marked by an asterisk (*) and see the Instructions at the end of the form.  Personal services are performed only by individuals acting as independent contractors or as part of a sole proprietorship.  OGC review is not required but available upon request.

Hotel Services SOW

Use with the Services Purchase Order Terms and Conditions for hotel reservations where the rooms are being paid for with University funds.  The hotel’s supplemental terms are required and acceptable, unless they conflict with the terms in the Services Purchase Order Terms and Conditions and SOW Terms and Conditions.  In that case, or where the agreement with the hotel involves no University funds but reserves a block of rooms for which the users will be responsible for payment, submit the contract to OGC for review per UPP 1-06.  Otherwise, OGC review is not required when this SOW is used without changes.  Complete all blanks marked by an asterisk (*) and see the Instructions at the end of the form.

Instructional Design Services SOW

Use with the Services Purchase Order Terms and Conditions for creation of online courses for the University.

Meeting Space Services SOW

Use with the Services Purchase Order Terms and Conditions for meeting space or banquet reservations when no changes to Services Purchase Order Terms and Conditions and SOW Terms and Conditions are required.  The location’s supplemental terms are required and acceptable, unless they conflict with the terms in the Services Purchase Order Terms and Conditions and SOW Terms and Conditions.  In that case, submit the contract to OGC for review per UPP 1-06.  Otherwise, OGC review is not required when this SOW is used without changes.  Complete all blanks marked by an asterisk (*) and see the Instructions at the end of the form.

Addenda

MU Addendum Format

Use this format to include supplemental provisions in a standard University form of agreement (not a purchase order or purchase order statement of work) or a vendor’s form of agreement.  OGC review and approval is required per UPP 1-06.

MU Addendum Format - Service Purchase Order Conflicts

Use this format to include provisions in a standard University Services Purchase Order and Services Purchase Order Statement of Work (not a standard University form of agreement or a vendor’s form of agreement) that conflict with one or more standard provisions in the University Services Purchase Order Terms and Conditions or the University Purchase Order Statement of Work.  OGC review and approval is required per UPP 1-06.

MU Amendment Format

Use this format to amend an already approved and signed agreement.  OGC review and approval is required per UPP 1-06.

MU Contract Addendum for Mandatory Purchase Order Language

Use this format to alter a vendor’s proposed form of agreement that does not already include the requirement that a University Purchase Order be issued and that the University is not liable for amounts in excess of the University Purchase Order amount.  This provision is required by UPP 1-06.  OGC review and approval is required per UPP 1-06.