The College will provide services in the form of customized training, technical assistance, or fiscal and management services to businesses, industry or governmental units doing business within and outside this state through the use of s.38.14(3) contracts. For the purpose of determining whether a contract is considered to be with an out-of-state recipient, the following definition of out-of-state shall apply:
"Out-of-state" is where the services are provided to a recipient whose address is not within the State of Wisconsin, or the services are provided outside the State of Wisconsin. "Recipient" is defined as the entity for which the contract is intended to provide the service or direct benefit. "Address" is defined as the street address or actual location of the entity receiving the direct benefit of the services provided. Since the contract is with the entity, employee (student) home address is not determinative.
A contract is needed and subject to the reporting requirements of Wisconsin Administrative Code Chapter TCS 8 if:
- The course or program is not formally advertised to the general public,
- If the course or program is developed or modified specifically for the service recipient, and
- The course or program is created solely in response to a specific request by the service recipient and is not open to the general public. Contracts for such services shall be in written form, and be in accordance with Wisconsin Administrative Code Chapter TCS 8.04.
The authority to initiate and develop contracts for services is delegated to the President or his/her designee.
All contracts will be presented to the Western Board of Directors for review and action at its monthly meetings. As the timelines for initiating a contract may not coincide with the monthly meetings of the Board of Directors, the Board may retroactively approve contracts at its next regularly scheduled meeting.
The full cost, including all direct and indirect costs, is to be determined for all contracted services. The total costs on all s.38.14(3) contracts will be calculated according to the methodologies outlined in the Staff Accounting Information System (direct costs) and the Uniform Financial Fund Accounting System (indirect costs). These costs are to be submitted to the District Board of Directors annually for their approval. These approved costs are to be recovered from service recipients in a consistent manner.
All payments from service recipients for services shall be made to the Board Treasurer and deposited in the District's treasury. All revenue received from a service recipient under s.38.14(3) Contracts for Services will be recorded in the District books of account as contract revenue regardless of the source.
The Western Board of Directors will determine and approve those contracted services which are to be delivered at less than full cost according to predetermined criteria and corresponding subsidy levels. The District Board will review monthly all contracts delivered at less than full cost recovery at which any and all deviations from full-cost pricing will be justified to specific District Board approved standards or goals. The District Board will also review an annual report of all contracted services offered by Western Wisconsin Technical College during the previous fiscal year. A summary of contracts approved by the Board shall be submitted annually to the Wisconsin Technical College System Board.
The District Board of Directors will conduct an annual review of contracting processes which are relevant to relations with the private sector. Policies directing these processes are outlined in detail in Policy B0407: District Relations with the Private Sector: Private Sector Use of District Property and Facilities.
No employee of the College may receive any additional salary, benefits or reimbursement of expenses for work performed pursuant to a contract for services where that employee is currently being compensated by the College for that work or those expenses under existing conditions of employment with the College. The College recognizes there may be circumstances where an employee will perform services under a contract at times that are above and beyond those considered normal working hours. In such circumstances, the President may authorize additional compensation to be made to an employee. Such additional compensation shall be set forth in written form, stating the amount and type of compensation along with supporting justification.
The College may enter into a contract with a foreign government or a business or industry not operating within this state provided it complies with the provisions of Wisconsin Statute 38.14(3)(c). The specific conditions relative to contracting with an entity in a foreign country are outlined in Western Policy D0108: International Education.
Each service recipient shall certify, through the contract document, that it does not discriminate on the basis of age, race, color, sex, creed, disability, political persuasion, ancestry, or sexual orientation against any employee or applicant for employment in regard to hire, tenure or term, condition or privilege of employment, except where there is a bona fide occupational qualification; or any student or applicant for enrollment in regard to admission or privilege of enrollment.
No District resident shall be displaced from any program or course solely on the basis of a contract for services with a service recipient.
The College shall submit such reports of activities under this policy to the Wisconsin Technical College System Board.