Executed Rental Listing Service Contract_Online-1.pdf

2025-UWMIL-00762-RFB

Internal Contract P25-010-O29

Rental Listing Service: Off Campus Housing

Piggybackable to UW System Universities

Issuing Agency: This contract is entered by and between The State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee and Contractor

Contractor:

Rent College Pads Inc.

1101 North Market St Suite 275 Milwaukee, WI 53202

414-882-3226 support@collegepads.com; Sara.johnson@collegepads.com

Account Rep: Peter Blutreich, 912-515-9892, peteb@collegepads.com

Contract Administrators (Day to Day Operations):

Allyson Killian, acotter@uwm.edu , 414-251-5539

Contract Manager:

Pam Loignon, (414) 229-5212, loignon@uwm.edu

1. General Description: The contractor must provide, manage, and maintain online Off-Campus Rental Listing Service for UWM to include managing, and maintaining, off-campus housing available to UWM students, sublets, roommate search, and a parking finder tool.

This must be a “free” service to all UWM users, to include students and employees. In addition, UWM will not pay any costs or fees and UWM will receive revenue from this contract. In return, this will be an exclusive contract. UWM will not contract with any other supplier for this service while this contract is in effect.

2. Contract Length: The contract will be from December 1, 2024, through November 30, 2029. The terms, conditions, and the revenue bid shall remain firm for the entire contract term. UWM reserves the right to extend the contract beyond the term of the contract if it is in UWM’s best interest.

The terms, conditions, and the revenue bid shall remain firm for the entire contract term including all renewals. UWM reserves the right to extend the contract beyond the term of the contract if it is in UWM’s best interest.

3. Revenue Sharing: The contractor must pay UWM at a minimum the commission rate from net revenue or the minimum guarantee, whichever is higher to UWM per year.

The contractor will provide a yearly minimum guarantee of the following:

Year 1: $31,000

Year 2: $33,000

Years 3 – 5: $35,000

The contractor will provide a commission % from net revenue of 25%

4. Firm Revenue: The Revenue bid in Exhibit B must remain the same or can be negotiated higher throughout the term of the contract, including any renewals.

5. Personnel:

5.1. Account Representative: The contractor must assign a dedicated account representative as our primary

Docusign Envelope ID: 2A611642-BF3E-41F4-A749-A80BFBE2315B mailto:support@collegepads.com mailto:Sara.johnson@collegepads.com mailto:peteb@collegepads.com mailto:acotter@uwm.edu mailto:loignon@uwm.edu contact to consult with UWM on current and future opportunities, contract compliance, and to act with full authority on the Contractor's behalf in all matters pertaining to the scope of the contract.

5.2. The contractor represents and warrants that it shall perform the services in a timely and professional manner using competent personnel having expertise suitable for their assignments.

5.3. Must make reasonable efforts to ensure that personnel work in harmony with the contract administrator or requesting department

5.4. Personnel relations of employees on the Contractor's payroll shall be the Contractor's responsibility. The Contractor shall comply with all applicable government regulations related to the employment, compensation, and payment of personnel.

5.5. Personnel of the contractor shall observe all regulations of UWM, failure to do so may be grounds for UWM to recommend dismissal.

6. Background Check:

6.1. Contractor’s Employees: This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker(s) have no convictions or pending criminal charges that are substantially related to the contracted for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual, violent, and drug offenses.

6.2. Landlords: Contractor must ensure that the landlords and/or such individuals who will have the ability to gain unsupervised access to the interior of the rented unit have satisfied a criminal background check by a criminal background check and notify UWM within 24 business hours if a conviction appears. At a minimum, the background check must at least constitute a Wisconsin Circuit Court Access check.

The contractor also agrees to defend, indemnify, and hold harmless the Board of Regents of the University of Wisconsin System, its officers, employees and agents for any claims, suits or proceedings alleging a breach of this warranty.

7. Identification While on Campus: The Contractor’s employees, while working on UWM property, must wear a clearly displayed photo identification badge or uniform showing the name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

8. Customer Service: The contractor will be working very closely with UWM on a regular basis, primarily in our Off Campus Resource Center. Communication between UWM and the contractor, and their commitment to developing a strong relationship with UWM partners, is a key component of this requested service.

Free tech and customer support must be available to all users of the site.

Free tech and customer support must be available to all UWM users.

Response times must not exceed twenty-four (24) business hours.

9. Training: Training must be provided to the UWM OCRC staff as needed. Historically this has been usually twice a year, due to turnover and new staff onboarding.

10. Marketing:

10.1. Must develop and implement a marketing plan specific to UWM to attract students and landlords to use this service.

10.2. Must attend and participate in the OCRC annual one (1) day Housing Fair held each spring on UWM’s main campus.

10.3. The OCRC staff will work with the contractor to determine marketing needs for other OCRC events including but not limited to orientation, Preferred Tenant Program and PantherCycle.

10.4. Must provide at a minimum three (3) links to campus resources on the listing website. UWM will provide the links, two (2) permanent links and one 1) rotating link.

11. Data Analytics Reports: The contractor must provide data analytic reports biannually that that must include at a minimum the following information:

The overall site traffic per month.

The type of housing the students are searching for.

The price range the students are searching for.

The geographic location students are searching for.

Prior to the start of the contract, the University and contractor shall mutually agree on the report formats and contents to satisfy these requirements.

12. Delivery of the Website: Must guarantee to have the website fully operational upon on or before December 1, 2024.

13. Website:

13.1. Must include at a minimum, off campus rentals, sublets, roommate searches and available parking at no charge to anyone with a valid UWM email address.

13.2. The entire website must meet the Web Content Accessibility Guidelines version 2.1 Level AA (WCAG 2.1 Level AA) digital accessibility standard.

13.3. Must be accessible twenty-four (24) hours a day, seven (7) days a week with a guaranteed availability of not less than 99.99% except for scheduled maintenance, required repairs, or interruptions beyond the reasonable control of provider.

13.4. Must be fully operational on or before December 1, 2024.

13.5. Must support and operate seamlessly in the most recent and future versions of Google Chrome (Windows and macOS), Safari (macOS), Firefox (Windows and macOS), and Microsoft Edge (Windows) web browsers.

13.6. Must provide single sign on.

13.7. Must display the OCRC and UWM logo on the website.

13.8. Must allow for customer reviews.

13.8.1. Must be linked to each listing as applicable.

13.8.2. Must be a collective searchable list.

13.8.3. Must allow for anonymous reviews.

13.9. Customers must have a right to opt in/opt out of future email solicitations.

13.10. Must not sell, rent or lease UWM users/customer list to third parties.

13.11. UWM must have the final say on site content to include advertising and to remove listings. Site content must be removed no later than one (1) business day upon written notification from UWM.

14. UWM’s Disclaimers: UWM is not responsible for the following Additionally the following must be posted on the supplier’s website:

The University of Wisconsin - Milwaukee and Off-Campus Resource Center:

* Does not inspect or offer any guarantee for the condition or quality of the rental units listed.

* Does not endorse any of the listed properties, landlords or rental companies.

* Does not assume responsibility for, nor does UWM endorse or control links that result from any housing referral.

* Does not assume responsibility for arrangement of rental contracts between individual tenants and landlords.

The Milwaukee occupancy ordinance only allows three non-related persons to live together. Four or more-bedroom rentals may require a rooming house license.

15. Additional Services / Requirements: UWM reserves the right to add all similar or like services. The contractor shall provide the services at the same commission rate as stated in the bid response. UWM departments will have the right to add additional requirements to this contract with the mutual consent of both parties.

16. Landlord Pricing: Landlord costs must remain firm for the initial term of the contract. As needed, the contractor may lower or raise costs to acquire customers as needed to successfully run their business while fulfilling the requirements of this contract.

17. Payments/Reporting: The contractor shall pay UWM annually on or before the 20th day of the month of December, for the previous period in which profit was earned, unless an alternate payment schedule is mutually agreed upon by both parties. The contractor shall accompany the payment with a detailed explanation of revenue and profit. Causes of abnormal revenue or profit deviations shall be noted by the Contractor as part of these statements.

All period commission statements and payments shall be sent to UWM. Itemized accounting reports must accompany the payments and fully disclose how the revenue has been calculated and accounted for. Shared revenue payments not received by UWM on the 20th day of the month of January for the previous period in which it was earned shall be paid by the Contractor plus a minimum interest penalty on the commissions due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax.

Payments to UWM must go to UW Milwaukee Student Union- Off Campus Resource Center Attn: Allyson Killian 2200 E Kenwood Blvd. Milwaukee WI 53211

Commission payments not received by the University on the 20th day following the last day of the period in which it was earned shall be paid by the contractor plus a minimum interest penalty on the commissions due at the prevailing interest percentage and conditions the State of Wisconsin uses for delinquent income tax.

18. Statement Review: Upon request by UWM the contractor shall meet with UWM and review each period statement, explain deviations, discuss problems, and mutually agree on courses of action to improve the results of the required services included in this contract. Period statement adjustments required because of review and/or audit shall be identified and reflected on the next period statement.

19. Audit: The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin, and local ordinances.

Reported sales and expenses may be audited on a regular schedule, as determined by UWM, to verify the contractor's reported revenues. Periodic reviews conducted jointly by representatives of UWM, and the contractor may be made to ensure that commission and guarantee payments, pricing structure and other phases of the operation are conducted in the most efficient and financially sound basis. All records pertaining to the service shall be open for inspection and/or audit by the State and/or University of Wisconsin at any or all reasonable times.

The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. UWM reserves the right to inspect any facilities used to support this Contract

20. Operations: The contractor shall regularly monitor the performance of the website to provide reasonable assurance that it is operating as expected. Monitoring methods include pro-active monitoring methods and recording, charting, and retention for determining resource utilization statistics and patterns.

The website shall be accessible to users via the Internet twenty-four (24) hours a day, seven (7) days a week with a guaranteed availability of not less than 99.99% except for scheduled maintenance, required repairs, or interruptions beyond the reasonable control of provider. Provider shall notify UWM of any known outages or service degradation that may impact services levels set forth herein as soon as practicable.

21. Liability: The contractor shall accept all liability related to its performance under the Contract and shall hold UWM harmless for any liability resulting from such performance, except to the extent such liability results from the negligence or willful actions of UWM. This clause shall not apply to liability resulting from the acts or omissions of a Landlord or property owner.

22. Personal Information: Vendor shall not require renters and potential renters to provide personal information to use Vendor’s services and website except when such users voluntarily and affirmatively agree to the disclosure of personal information to use the rental search services, and roommate and sublet services. When renters or potential renters are using the website for rental search services, Vendor shall only collect “Directory Level Information.”

Directory Level Information is deemed as full name, phone number, and email address. Such personal information shall not be used, stored, or shared, in any manner other than for its intended purpose, which may include sharing Directory Level Information applicable to individual landlord’s traffic with that landlord to verify platform performance.

Users shall be given the option and opportunity to retract the permission and have their information removed from Vendor’s site and databases.

23. Marks and Copyrights: UWM shall not permit any of its employees to remove, alter, deface, obscure or otherwise modify any of provider’s marks that are displayed or otherwise rendered by software or on printed media. In addition, UWM shall not adopt or otherwise utilize any marks containing confusingly similar names, designs, or other indicia to provider’s marks nor dilute provider’s marks in any manner.

The contractor shall not use any of UWM’s Marks without the prior written permission of UWM and shall not adopt or otherwise use any Marks containing confusingly similar names, designs or other indicia to UWM’s Marks nor dilute UWM’s Marks in any manner.

24. General Representations and Warranties: The contractor represents and warrants to UWM the following: (a) Provider is duly organized, validly existing and in good standing under the laws of the United States and has all rights and power necessary to execute, deliver and perform its obligations under this Agreement, including the services granted and provided hereunder; (a) the execution, delivery and performance of this Agreement by Provider

(b) has been approved by any necessary company action and (c) is not contrary to, or in conflict with, the formation and governance documents of the contractor, any material agreement by which the contractor is bound or any applicable law; (d) The products and services delivered or to be delivered pursuant to this Agreement are not contrary to, or in conflict with, nor do they infringe upon, any patent, trademark, copyright or other intellectual property right of any person or entity and that there are no such claims of infringement as of the date hereof.

25. Functional Warranty: The supplier warrants that the website, including any modifications thereto that are made by the supplier or pursuant to the supplier’s instructions, shall not contain any material defects and will conform in all material respects to the criteria set forth will not materially diminish the features or functionality of the website. The supplier shall promptly correct any errors identified by UWM at no cost to UWM.

26. Contract Cancellation: Contract Cancellation: UWM reserves the right to notify RCP of a potential breach for failure to comply with terms, conditions, and specifications or reasonable expectations of this contract. Written notice to RCP of any potential breach will be issued by the UWM Purchasing Office, citing cause. Upon receipt of such notice, RCP will have thirty (30) days to remedy the situation. If RCP fails to cure within thirty (30) days after reasonable diligence, UWM shall have the right to cancel the contract in whole or in part without penalty.

Each party will assist the other party in the orderly termination of this contract and the transfer of all aspects hereof, tangible, or intangible, as may be necessary for the orderly, non-disruptive business continuation of each party.

27. Entire contract: This contract is awarded based on the criteria established in the RFB, including attachments and any amendments issued. The contract, the RFB, the Bidder’s response, and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be in the order listed.

For the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Pamela Loignon Printed Name

Signature

Dated:

For the Contractor

Printed Name

Signature

Dated:

Mitch Ehly

9/6/2024 | 12:27 PM PDT

9/11/2024 | 8:05 AM CDT

The website shall be accessible to users via the Internet twenty-four (24) hours a day, seven (7) days a week with a guaranteed availability of not less than 99.99% except for scheduled maintenance, required repairs, or interruptions beyond the reason...