STATE OF VERMONT Contract Page 5 Of

state of vermont contract # ________ page 5 of 5 standard contract for services 1. parties. this is a contract for services between the st

STATE OF VERMONT Contract # ________ Page 5 of 5
STANDARD CONTRACT FOR SERVICES
1. Parties. This is a contract for services between the State of
Vermont, _____________ (hereinafter called “State”), and _____________,
with a principal place of business in _____________, (hereinafter
called “Contractor”). Contractor’s form of business organization is
_____________. It is Contractor’s responsibility to contact the
Vermont Department of Taxes to determine if, by law, Contractor is
required to have a Vermont Department of Taxes Business Account
Number.
2. Subject Matter. The subject matter of this contract is services
generally on the subject of _____________. Detailed services to be
provided by Contractor are described in Attachment A.
3. Maximum Amount. In consideration of the services to be performed by
Contractor, the State agrees to pay Contractor, in accordance with the
payment provisions specified in Attachment B, a sum not to exceed $________.00.
4. Contract Term. The period of Contractor’s performance shall begin
on _____________, 20__ and end on _____________, 20__.
5. Prior Approvals. This Contract shall not be binding unless and
until all requisite prior approvals have been obtained in accordance
with current State law, bulletins, and interpretations.
5A. Sole Source Contract for Services. This Contract results from a
“sole source” procurement under State of Vermont Administrative
Bulletin 3.5 process and Contractor hereby certifies that it is and
will remain in compliance with the campaign contribution restrictions
under 17 V.S.A. § 2950.
6. Amendment. No changes, modifications, or amendments in the terms
and conditions of this contract shall be effective unless reduced to
writing, numbered and signed by the duly authorized representative of
the State and Contractor.
7. Termination for Convenience. This contract may be terminated by the
State at any time by giving written notice at least thirty (30) days
in advance. In such event, Contractor shall be paid under the terms of
this contract for all services provided to and accepted by the State
prior to the effective date of termination.
8. Attachments. This contract consists of ___ pages including the
following attachments which are incorporated herein:
Attachment A - Statement of Work
Attachment B - Payment Provisions
Attachment C – “Standard State Provisions for Contracts and Grants” a
preprinted form (revision date 12/15/2017)
Attachment D - Other Provisions (if any)
Additional attachments may be lettered as necessary
9. Order of Precedence. Any ambiguity, conflict or inconsistency
between the documents comprising this contract shall be resolved
according to the following order of precedence:
1.
Standard Contract
2.
Attachment D (if applicable)
3.
Attachment C (Standard State Provisions for Contracts and Grants)
4.
Attachment A
5.
Attachment B
List other attachments, if any, in order of precedence
WE THE UNDERSIGNED PARTIES AGREE TO BE BOUND BY THIS CONTRACT
By the State of Vermont: By the Contractor:
Date: Date:
Signature: Signature:
Name: Name:
Title: Title:
ATTACHMENT A – STATEMENT OF WORK
The Contractor shall: __________
DELETE THESE INSTRUCTIONS All State contracts must describe the work
to be performed in clear, concise and complete statements. Attachment
A of the Standard State Contract should be used to detail the work to
be performed or products to be delivered by the contractor. A well
written description will include the schedule for performance,
identification of project deliverables, deliverable milestones, and
standards by which the contractor’s performance will be measured. This
description of the work may also be referred to as the Statement of
Work, Specifications of Work, or Subject Matter. Please refer to
Appendix II for further guidance. The deliverables and milestones
should be used to inform the payment terms in Attachment B. Attaching
RFPs and RFP responses to contracts is not permitted. RFP responses
can be long and complicated and may include both unnecessary
information and introduce internally inconsistent terms within the
contract.
The level of required contract compliance monitoring, if applicable,
should be based on the assessment of the risk for delay or failure to
deliver the services. In assessing the risk, agencies should consider
factors such as: amount of funds involved; contract duration; contract
complexity; history of the Contractor with State government; amount of
subcontracting involved; and other relevant issues. Whether or not
liquidated damages, service credits and/or retainage are part of the
contract, the document should include a section that describes
specifically how the Agency will monitor the contract for compliance.
Types of compliance monitoring processes and steps may include: (i)
periodic contractor reports; (ii) invoice reviews; (iii) on-site
visits; (iv) scheduled meetings; (v) audits; (vi) independent
performance reviews; (vii) surveys of users/clients; and (viii)
post-contract audit or review. This section may also describe a
process for identification, discussion, and resolution of disputes
between the Contractor and the State, both during the contract
duration and after expiration.
NOTE: Additional guidance for drafting Attachment A is provided in
Bulletin 3.5, Appendix II
ATTACHMENT B – PAYMENT PROVISIONS
The maximum dollar amount payable under this contract is not intended
as any form of a guaranteed amount. The Contractor will be paid for
products or services actually delivered or performed, as specified in
Attachment A, up to the maximum allowable amount specified on page 1
of this contract.
1.
Prior to commencement of work and release of any payments,
Contractor shall submit to the State:
a.
a certificate of insurance consistent with the requirements
set forth in Attachment C, Section 8 (Insurance), and with any
additional requirements for insurance as may be set forth
elsewhere in this contract; and
b.
a current IRS Form W-9 (signed within the last six months).
2.
Payment terms are Net 30 days from the date the State receives an
error-free invoice with all necessary and complete supporting
documentation.
3.
Contractor shall submit detailed invoices itemizing all work
performed during the invoice period, including the dates of
service, rates of pay, hours of work performed, and any other
information and/or documentation appropriate and sufficient to
substantiate the amount invoiced for payment by the State. All
invoices must include the Contract # for this contract.
4.
Contractor shall submit invoices to the State in accordance with
the schedule set forth in this Attachment B. Unless a more
particular schedule is provided herein, invoices shall be
submitted not more frequently than monthly.
5.
Invoices shall be submitted to the State at the following address:
________________
6.
The payment schedule for delivered products, or rates for services
performed, and any additional reimbursements, are as follows:
_____________
DELETE THESE INSTRUCTIONS The above language up through section 5 is
standard and should be included in all services contracts. Section 6
is merely a prompt for completion of the particular payment terms
necessary to the contract, such as the schedule and/or rates of pay.
Sample language is provided below, if helpful, but there is no
required format.
TIME/MATERIALS: If payment will be based upon time and materials,
specify the frequency of invoicing and the rate of payment. For
example:
Contractor shall be paid $50.00 per hour for work performed under this
Contract, and shall submit invoices to the State not more frequently
than monthly.
FIXED PRICE/DELIVERABLES: If payments are fixed price, specify an
invoice schedule that corresponds to completion of the deliverables or
phases of work described in Attachment A. For example:
Contractor shall submit invoices to the State in accordance with the
following schedule:
Deliverable Invoice Amount
Phase 1 completed by May 1, 2015 $5,000.00
Phase 2 completed by July 1, 2015 $5,000.00
Submit Final Report by August 31, 2015 $8,000.00
NOTE: Additional guidance for drafting Attachment B is provided in
Bulletin 3.5, Section IX.A.5 and Appendix III
Revision Date: 12/12/2018