Illinois Administrative Code
Title 74 - PUBLIC FINANCE
Part 290 - CONTRACT CONTENT
Section 290.1204 - Contracts for Professional or Artistic Services
Universal Citation: 74 IL Admin Code ยง 290.1204
Current through Register Vol. 48, No. 38, September 20, 2024
a) Definition
1) Professional or artistic services may be
defined as services rendered by an individual or firm contractually hired by an
agency because of their expertise in a given field. An essential element is
trust in the ability and talent of the person performing the services.
Contracts for manual skills are not included.
2) Examples of professional or artistic
services are set forth in CUSAS (Comptroller's Uniform Statewide Accounting
System) Procedure
15.20.70 type code
21.
b) Required Contents
In addition to complying with the requirements of Section 290.1203, contracts for professional or artistic services must contain:
1) Contractor's full name and
address.
2) Agency name.
3) Reasonably detailed description of
services to be rendered.
4) The
contract term, where applicable.
5)
The maximum or estimated amount to be paid, if applicable.
6) Payment rates, where applicable.
7) Signature of contractor and authorized
agency representative.
8) Execution
date. (See Section
290.1203(c)
) .
9) Bribery clause certification. (See Section
290.1203(b)
) .
10) Where the contract is for consultant
services, as that term is defined in Section 9.04 of the Illinois Purchasing
Act (Ill. Rev. Stat. 1987, ch. 127, par. 132.9 d), the contract must state
whether or not the services of a subcontractor will be utilized. If a
subcontractor will be used, the contract must list the names and addresses of
all subcontractors and the anticipated amount they will receive pursuant to the
contract.
11) Federal Taxpayer
Identification Number and legal status disclosure certification (See Section
290.Appendix B (16)).
12)
Educational loan certification (See Section
290.1203(1)
) .
13) Where a contract involving professional
or artistic services has been bid, the bid-rigging/bid rotating certification
(See Section
290.1203(k)
) .
14) Such other provisions as may be
specifically required by law.
15)
Any other information deemed necessary or advisable by the agency or the
Attorney General.
c) Requirement that contract be reduced to writing:
1) Section 11 of the State Comptroller Act
requires the Comptroller to reject vouchers for payment of professional or
artistic skills if the contract for such services involves expenditures of more
than $5,000 for a fiscal year, unless;
A) the
contract has been reduced to writing before the services are performed,
or
B) an affidavit described in
this subsection is filed.
2) "Reduced to writing" is defined as signed
by the contractor and an authorized representative of the State.
3) The time at which a contract is reduced to
writing is delineated below:
A) When the
contract contains an execution date only, the contract will be regarded as
being reduced to writing at that date.
B)
i) For
contracts with dated signatures, when the contract is signed by the vendor and
then by more than one authorized agency representative, it is reduced to
writing at the earliest dated signature of an authorized representative of the
agency.
ii) An "authorized agency
representative" means a person who has the authority to execute contracts on
behalf of the agency.
C)
An agreement for professional or artistic services let for competitive bids
will be considered reduced to writing upon the date of the notice of award. The
agreed terms may be placed in a different format and later signed without
violating Section 11 of the State Comptroller Act. A copy of the proposal and
the notice of award shall be filed with the Comptroller.
4) In order to implement this requirement,
all professional or artistic services contracts may contain a provision
indicating that no payments will be made for services which are performed
before the contract is signed by the contractor and an authorized
representative of the State.
5)
Suggested language is set forth below:
This contract takes effect on (date) or when executed by the contractor and an authorized representative of the State, whichever is later. No services will be paid which are performed prior to execution.
6) This provision may be modified
at the discretion of the agency.
7)
Where a contract for professional or artistic skills in excess of $5,000 was
not reduced to writing before the services were performed, the Comptroller will
not honor vouchers for payment for such services until the agency files with
the Comptroller:
A) a written contract
covering the services; and
B) An
original affidavit and one copy, signed by the chief executive officer of the
agency or his or her designee stating that the services for which payment is
being made were agreed to prior to commencement of the services and setting
forth an explanation of why the contract was not reduced to writing before the
services commenced. The Comptroller will file the copy of the affidavit with
the Auditor General.
8)
A sample of the affidavit referenced in this subsection is provided as Appendix
D to this Part. Any affidavit substantially similar to that provided in
Appendix D will be accepted by the Comptroller.
d) Contracts subject to "AN ACT to provide for representation and indemnification in certain civil lawsuits," (Ill. Rev. Stat. 1987 and 1988 Supp., ch. 127, par. 1301 et seq.) must be approved by the Attorney General before being filed with the Comptroller. This requirement does not apply to universities. The 15 day filing requirement established by Section 15 of the State Comptroller Act shall run from the date of approval.
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