feuerstein contracts mous

7/31/2019 Feuerstein Contracts Mous

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Contracts andMemorandum ofUnderstanding (MOU)

Vita Feuerstein

Manager

Conference Contracting


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Part I - Contracts

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What is a Contract?

A contract is a legal exchange of

promises between two or moreparties, which is codified in writingand enforceable in a court of law.

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Types of Conference Related

Contracts:Audio VisualConference CentersConvention CentersExhibition DecoratorFood and BeverageHotelMeeting Management CompaniesMiscellaneous Venues (Aquarium, Museum, etc.)Printers (Proceeding, CD, Programs, etc.)

Registration Management CompaniesSecurityTransportation

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IEEE Contract PolicyContracts with a valueof$25,000USD or greater must be

submitted to IEEE for review by aSubject Matter Expert (SME)prior tofinal approval and execution by IEEEProcurement Department.

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How do you determine if a

contracts value is $25,000USDor greater?

Add the total cost of services + the totalcost of exposure/risk (if applicable)

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What Determines Value?

Hotel ContractsTotal number of sleeping rooms blocked, less guaranteed attrition,PLUS meeting room rental and food and beverage commitment (ifany)

Registration Management Contracts

Cost of service including estimated T&L and ancillary charges PLUSestimated registration revenue of conference if funds ARE NOTdeposited directly into conference account

Meeting Management ContractsCost of service including estimated T&L and ancillary charges PLUS

estimated revenue of conference (registration and exhibits) if fundsARE NOT deposited directly into conference account

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What is the Benefit of a SME

Review? Eliminates Ambiguity

Ensures Contract is mutual

Minimizes Financial Liability

Essential for good business practices and reduces financial

risks

Keeps volunteers and staff on top of new trends, clausesand other gotchas

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Be aware!

CONTRACTS ARE WRITTEN IN FAVOR OF THEVENDOR The vendor is an expert at writing contacts

KNOW YOUR HISTORY - KNOWLEDGE IS POWER

DONT ASSUME ANYTHING - The person that you arecontracting with is not the person that will beimplementing the contract.

GET EVERYTHING IN WRITING

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Be Aware! - HotelHotels will analyze the propertys history seasonaldemand, local and group meeting space rental,fluctuation of food and beverage sales, amount otherfactors allow the management team to come up with

a pricing strategy that maximizes the hotelsRevPAR(revenue per available room)

Hotels look at size of the group, rate they want, howmuch food and beverage they require, arrival/departurepatterns, rooms to meeting space ratios, season, the

groups history and contract terms, lead time and risk

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Be Aware! Meeting Management Mgmt. Services are not clearly defined and, in most

cases, no cap on billable hours

Credit Card Fees are additional and are not spelled outin contract

Hotel Commissions are not defined in contracts, but inmost cases, are taken by Mgmt. Company on top ofMgmt. Fee

Additional costs are Billed outside of Mgmt. Fee (phone

calls, faxes, postage, copy changes, badge design andprinting, badge holders, ribbons, use of 800#)

Discounts offered for Vendor Contracts, but a markup isapplied for financial gain to Mgmt. Company

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Be Aware! Registration

E-commerce sparks new legal issues

Online registration and security of credit card numbers

Not all companies are bonded

Credit Card Fees are not clearly spelled out

Additional costs are billed outside of registration fee

Ensure there are no Pass thru fees

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Templates Available on IEEE

Website Hotel Contract

IEEE, Starwood, Hyatt, Hilton, Fairmont, Disney, Marriott, Wyndham

Meeting Management Contract

Available 4th Quarter 2009 Registration Management Contract

Exhibit Space Application

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http://www.ieee.org/web/conferences/organizers/contracts.html

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2009 Policy Change:Competitive Bidding

Competitive bidding is required for contracts andcommodity orders valued at or above $250K.

Conference hotel, caterer and convention centercontracts are exempt from this requirement; however,it is best business practice to follow a competitivebidding process for all contracts/orders.

Support documentation is required with submission ofcontact

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Part II Memorandum ofUnderstanding (MOU)

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What is a MOU?

An MOU is used as a confirmation of agreed upon terms.

It is a written document describing the roles and ageneral description of the responsibilities of two (ormore) parties which sets forth the basic principles andguidelines under which the parties will work together toaccomplish their goals.

An MOU is less formal than a contract, but is signed bythe parties involved to indicate their agreement to theprinciples contained in the MOU.

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Types of MOUs(Policy10.1.2)

Financial Co-Sponsorship

Co-Sponsorship indicates a shared involvement among several organizations, one of which isan IEEE organizational unit. Other co-sponsoring organizations could be IEEE organizationalunits or other Not-for-Profit non-IEEE organizations.

Co-Sponsorship indicates a shared and significant involvement in the technical, financial,publicity and administrative areas of the conference.

Technical Co-Sponsorship

Technical Co-Sponsorship indicates direct and substantial involvement by the IEEEorganizational unit solely in the

organization of the technical program. The IEEE organizational unit has no financialinvolvement in the conference.

Technical co-sponsorship does not guarantee that the papers accepted for presentation at theconference will be eligible for inclusion in the IEEE Conference Publications Program (CPP),which handles post-conference distribution of conference papers in all media.

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IEEE Policy (10.1.5)

A Memorandum of Understanding(MOU), sets forth the relationship andobligations of the involved parties.A MOU is required when two or moreorganizational units agree to provide

financial or technical co-sponsorship toa conference.

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Relationship and Obligations ofthe Involved Parties

Financial Co-Sponsorship :

Shared and Significant InvolvementTechnical Co-Sponsorship:

Direct and Substantial Involvement inthe Technical Program

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All MOUs Should Describe:

The Parties Involved

The Name Of The Event

The Duration Of The MOUThe Role Of Each Party

How The MOU Can Be Terminated

Contact Information Of Signing Parties

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Technical MOUsDirect and substantial involvementAdd the following: In detail, describe your direct and substantial

involvement

Who owns the copyright to the intellectual propertydeveloped under the MOU

Will the conference proceedings be included in IEEE

Conference Publications Program (CPP)

Who is the financial owner of the event

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Financial MOUsShared and significant involvement

Add the following: What is the financial split between sponsoring

parties; how is the profit/loss shared?

Where are the conference funds being held; who hasaccess to the conference funds?

Who defines the role of the conference organizingcommittee?

Who has oversight for the conference?

When applicable, who is responsible for VAT

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TemplatesTemplates have been created for use when preparing

Financial and Technical MOUs.

They can be used as written or as a guide in preparingconference-specific MOUs.

If there are multiple sponsors, one MOU may be usedprovided it identifies the relationships of each sponsors.

If an MOU is currently in place that defines the

relationship of the co-sponsoring parties, it is notnecessary to rewrite the MOU, however, it isrecommended that the MOU is reviewed and whenpossible, template clauses are incorporated.

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http://www.ieee.org/web/conferences/organizes/MOU.html

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MOUs are due

with the submission of

the Information Schedule

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2009 Policy ChangePolicy 10.1.4

All co-sponsored conferences shall submit a Memorandum ofUnderstanding (MoU) to IEEE Conference Services for review, finalapproval, and execution. Following IEEE Conference Services reviewand changes, if applicable, authorized representatives of each of thesponsoring organizational units shall sign the MoU and return it toIEEE Conference Services for execution.

Once submitted to IEEE Conference Services, the MoU review processshall take no more than 60 days from the time of receipt to execution.

If the compliance recommendations of IEEEE Conference Services arechallenged by the OU, then appeals shall be forwarded to the IEEE

Conferences Committee Chair for final ruling.

Co-sponsored conferences shall not use the IEEE name or MasterBrand in its web site, publications, or promotions before the MoU isexecuted

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2009 Policy ChangePolicy 10.1.5

The IEEE organizational units direct and substantialinvolvement in the technical program.

The technical paper review process, including a clearidentification of the level of paper review, if theconference proceedings will be included in the IEEEConference Publications Program (CPP)

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Contracts and MOUs to be

reviewed should be sent to:

[email protected]

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feuerstein contracts mous

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