Contract administration

List of authorized contracting personnel

Under the provisions of the UW Board of Regents Policy 13-1, the authority to sign UW-La Crosse contracts on behalf of the Board of Regents has been delegated to the UW-La Crosse Chancellor who, in turn, has delegated contract signature authority to only a limited number of UW-La Crosse officers.  No UW-La Crosse employees other than those with specific Chancellor delegation may sign UW-La Crosse contracts or agreements.

Q:   Who is authorized to sign contracts on behalf of UW-La Crosse? 
A:   Please see the current list of authorized contracting personnel. All individuals and organizations entering into contracts with UWL are invited to consult this list to ensure that an authorized individual has signed the contract on behalf of UWL.

Q:   What kinds of documents fall under the definition of a "contract"? 
A:   A contract is a legally enforceable agreement between two or more parties (including individuals, corporations, partnerships, universities, non-profit organizations, or governmental agencies) that binds the parties to perform the mutual responsibilities, promises, and obligations described in the contract. Examples can include affiliation agreements, facility use agreements, terms and conditions of an order form or other document, leases, memoranda of agreement or understanding, and purchase agreements. The word "contract" may not appear in the title of the document; what matters is the substance of the document, not the title.

Q:   What happens if someone other than the Chancellor or a Chancellor designee signs a UW-La Crosse contract? 
A:   That person could assume personal responsibility and liability for the contract and for paying any damages, financial or otherwise, that may result. In addition, the program or activity that the contract was intended to support may be hindered by the lack of authorized signature.

Additional contract information and guidance is available at 608.785.8569. 

This page provides definitions and links to affiliation agreement forms and UW System policy.

• Background Information
• Criminal Background Check (CBC)
• Affiliation Agreement
• Program Memorandum
• Responsibilities
       ▪   Academic Department
       ▪   Business Services
• Related Information and Links

Background Information:

Many academic departments require students to have clinical or field experiences (internships) as a part of the curriculum necessary to graduate, and such training experience is usually attained with an off-site facility (affiliate) in cooperation with the particular academic department.

When the internship is a graduation requirement, there should be an Affiliation Agreement between UW-La Crosse and the facility, and it should contain a Program Memorandum.  If the internship is voluntary or not required for graduation, then an Affiliation Agreement is not required.

Students who are required to complete off-site experiences in order to earn their degrees are considered agents of the State of Wisconsin for liability purposes while in the conduct of the experiences.  The State of Wisconsin provides limited liability protection for its agents, and students are encouraged to have personal liability insurance before beginning the experiences.  Many facilities require this insurance.  The State of Wisconsin does not insure students for injuries incurred by the student at the facility.  These injuries are generally covered by the student's health insurance.

If the affiliate provides its own Affiliation Agreement, it should be provided to Business Services for review and approval after the department is satisfied with the program content.   All Affiliation Agreements and separate Program Memoranda may be signed by one of the UW-La Crosse officers specifically delegated such authority by the Chancellor (see contract administration) .

Criminal Background Check (CBC):

Affiliates will usually have students complete a national Criminal Background Check prior to admission into their program.  Academic departments should use an outside contractor for these checks, and the costs should be borne by the students.  Currently, the Department of Health Professions uses the services of  Certified Background.  Academic departments may require the CBC at the time of admission or at a time deemed appropriate by the affiliate.  It is up to each affiliate to determine how to assess CBC results, and each should have a process in place that provides for fair process.  CBC results need to be kept in a secure location.  Contact Risk Management at 608.785.8569 if you need assistance with CBC's.

Affiliation Agreement:

This document contains the primary terms to which UW-La Crosse and the affiliate agree.  At a minimum it provides for the following:

• Period of the agreement.
• Liability statements.
• Requirement for a Program Memorandum.
• Points of contact.
• Non-discrimination agreement.
• Applicable statutes and governing law.

Templates for clinical Affiliation Agreements are at  Contracts and Agreements.

Program Memorandum:

The Program Memorandum is the document developed by the academic department that details the specific requirements of the academic program.  It is a statement of agreement between the affiliate's coordinator and the academic department involved, and it can be used to evaluate the quality of the off-site experience.  The Program Memorandum should not contain any reference to liability, indemnification, or insurance protection, as these items are contained in the Affiliation Agreement.  The Program Memorandum may be an attachment to the Affiliation Agreement, or it may be a separate agreement.  An example format is the Program Memorandum  (PDF).

Responsibilities:

Academic Department:

• Coordinate and schedule the off-site experience with the facility.
• Provide a UWL template for the Affiliation Agreement or receive an agreement from the facility for content review.
• Develop the Program Memorandum in coordination with the facility.
• Return signed agreements to the facilities and maintain records of them.

Business Services:

• Review Affiliation Agreements and Program Memoranda for completeness and consistency with state law and UW policy.
• Negotiate any problems with the affiliate facility.
• Obtain approvals and signatures.

Related Information and Links:

• Affiliation Agreements for Clinical Education Programs
• Program Memorandum  (PDF)

The University of Wisconsin-La Crosse secures the services of independent individuals and business entities through the use of contracts.

If the individual is employed by UW System, they must be paid via UW payroll, please contact Human Resources for assistance.

Academic Support Service: If the service is from an independent contractor, if it is of a unique or noncompetitive (sole source) nature, and if it supports instruction, research, or public service, it will be considered an Academic Support Service.  ***ASSA's are for STUDENT RELATED SERVICES***Academic-Support-Service-Agreement-Form(Updated_07.30.2024).pdf

Independent Contractors: These may include speakers and guest lecturers in a nonpublic setting.  Officials for athletic events and contest judges may also be considered independent contractors.  An independent contractor is not eligible for fringe benefits and is not subject to State liability protection or eligible for Workers and Unemployment Compensation.  Generally, an independent contractor situation exists if the service is provided regularly and continuously to the general public, and the service is the principal source of livelihood or profit.  The institution may not control how the work must be done, only the result of the work.  An independent contractor may be an individual, a group of individuals or a business entity. ***INDEPENDENT CONTRACTOR FORMS are for NON-STUDENT RELATED SERVICES***UWL_Independent Contractor Services Agreemnt(Blank).pdf

Competitive Sourcing: If the service desired is available from more than one source, competitive procurement rules apply and standard purchasing bid and waiver regulations must be followed.  Contact purchasing@uwlax.edu.

Unique, Sole Source: Some services provided by independent contractors represent special talents needed by UW-La Crosse on a temporary basis to fulfill its missions of instructions, research and public service.  These talents may be unique and available only from a single, sole source.

Mission Support: Academic Support Services are provided in support of the University's missions of instruction, research, and public service.

Academic Support Service Agreement (ASSA): All Academic Support Services, regardless of dollar amount, require an Academic Support Services Agreement (ASSA) Form to be completed and approved before the service may be performed and before any payments may be made to the service provider (the “Contractor”).  The sequence for processing the ASSA is as follows:

1. The supported (sponsoring) department or division completes the fill-in-the blank sections of the ASSA form and forwards the ASSA to the Contractor for signature.
2. The Contractor signs the ASSA and returns a copy to the supported (sponsoring) department or division.
3. The supported (sponsoring) department or division submits the CONTRACTOR signed ASSA via Workday for campus reviews and approvals.
   1. Enter as Non-Catalog Item (click here for directions)
      1. Check the box “Receiving Required/Positive Approval”
   2. Payments:
      1. One payment – enter one line for the total amount
      2. Multiple payments – enter one line for each payment amount
   3. Attach the ASSA signed by the Contractor
4. Once all campus approvals are received via ShopUW+ for the ASSA, the Purchasing Director signs the ASSA on behalf of the University and a fully signed copy is sent back to ShopUW+ Requester.
5. A purchase order (PO) is generated.
6. The supported (sponsoring) department or division then provides a fully signed copy of the ASSA back to the Contractor for the Contractor’s records.

 Academic Support Services Payments:  

1. Individuals/Organizations providing an invoice
   1. Invoice emailed to accountspayable@uwlax.edu
   2. Requester will receive a Workday notification that Receiving is required for approval of payment against the PO.
2. Individuals/Organizations not providing an invoice
   1. Department emails accountspayable@uwlax.edu and requests payment against the PO (provide PO number and payment amount) OR adds Comment to PO in Workday requesting payment (provide amount).
   2. Requester will receive Workday notification that Receiving is required for approval of payment against the PO. 
   3. Steps a) and b) should be repeated for each payment to be made to the Contractor.

UW-La Crosse will comply with IRS and State of Wisconsin reporting and withholding requirements.

Tax withholding for non-resident speakers/entertainers: If someone who is not a resident of Wisconsin contracts with UWL to provide entertainment or public speaking services, and the total contract price exceeds $7,000.00, Wisconsin law (Department of Revenue Publication 508) requires UWL to withhold 6% of the fee for tax purposes. This law is very broad and covers almost any kind of performance or lecture. The withholding process is handled by Accounts Payable at the time the payment is processed, but the speaker/performer must be made aware ahead of time, since the withholding will affect the amount of their net payment. Please contact Accounts Payable for more information.

Frequently Asked Questions:

Q:   How do I determine the difference between an employee-employer relationship and an independent contractor?
A:   If you are still in doubt, contact the Human Resources for more information.

Q:   Can the ASSA ever be used for services not related to instruction, research or public service?
A:   No.  The Academic Services Support concept originates from unique, non-competitive services needed for our instruction, research, and public service missions.  Other services are not unique in the same manner and should be obtained through normal purchasing processes.

Q:   Who at UW-La Crosse who will verify that a contractor is providing a unique, non-competitive service?
A:   You may contact the Purchasing Office  for more information for assistance with this determination.

Relationship Analysis 

Factors to Consider

The following factors indicate that an employer-employee relationship may exist:

1. Service provider must comply with a UW-La Crosse employee's instructions about when, where, and how the service will be provided.
2. Service performing training is provided by a UW-La Crosse employee.
3. Established work hours.
4. Payment by period, e.g., hourly, weekly, monthly.
5. Instructors of college credit courses when the University normally contracts for its instructors.
6. Primary instructor of a course, be it for college credit, continuing education credit, or non-credit.
7. UW-La Crosse faculty members providing services for extension programs.
8. A rate of pay that is not unusually high or low for the performed services.
9. The fee or rate of pay is set by UW-La Crosse.
10. Service performance is done in regularly scheduled classes over a time period.
11. A continuing relationship between UW-La Crosse and the service provider exists.
12. The location and facilities are provided by UW-La Crosse.
13. UW-La Crosse has the right to discharge the service provider.
14. The service provider has the right to terminate the relationship with UW-La Crosse and UW-La Crosse would then have the obligation to replace the individual, cancel classes, etc.

The following factors indicate that an  independent contractor  relationship may exist:

1. Guest lecturers and consultants who are not the course instructors.
2. The service is available to the general public.
3. An unusually large (indicating expert) or small (indicating token appreciation) cost for the provided service.
4. UW-La Crosse competes for the provider's services, and pays his/her rate of pay.
5. Contracting with a service provider whose business is conducting workshops at many different universities and campuses.
6. The facilities, tools, and materials are arranged, provided, and paid for by the service provider.
7. The service provider incurs significant unreimbursed expenses.
8. The service provider's work is not primarily performed at UW-La Crosse.