Recognizing that the adoption of section 20 of article X of the state constitution at the 1992 general election has imposed strict new constraints on state government, it is hereby declared to be the policy of this state to encourage the use of private contractors for personal services to achieve increased efficiency in the delivery […]
As used in this part 5, unless the context otherwise requires: “Contract” means any type of state agreement, regardless of what it may be called, for the acquisition of services. “Personal services” means services acquired for the state’s direct benefit in its operations. “Purchased services” means the acquisition of services which directly benefit specific groups […]
Contracts for personal services that create an independent contractor relationship and that are not authorized under the provisions of section 24-50-504 are nevertheless permissible under this section to achieve increased efficiency in the delivery of government services when the state personnel director determines that all of the following conditions are met: The contracting agency clearly […]
Personal services contracts for employees or independent contractors are permissible when the functions contracted are otherwise performed by persons exempt from civil service by section 13 of article XII of the state constitution or by statutes enacted pursuant thereto. Personal services contracts that create an independent contractor relationship are permissible when the state personnel director […]
The contractor shall assume all liability arising from its own acts or omissions under all contracts entered into pursuant to this part 5. The sovereign immunity and governmental immunity of the contracting agency shall not extend to the contractor, except as otherwise provided by law. Neither the contractor nor the insurer of the contractor may […]
In addition to the other provisions of this part 5 that are intended to safeguard the fundamental principles underlying the state personnel system, personal services contracts entered into pursuant to this article are subject to all other applicable laws, which may include but are not necessarily limited to the following: State procurement laws, including the […]
In addition to any other applicable laws, the provisions of this section shall apply to contracts entered into pursuant to this part 5. The following individuals shall not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from an entity or a person negotiating, doing business with, or planning, within […]
The following contracts are not subject to the provisions of this part 5: In accordance with section 18 (2) of article XIV of the state constitution, contracts between the state and its political subdivisions or the government of the United States, or any combination thereof; and Contracts entered into by a state institution of higher […]
The state personnel director may approve the use of contracts without the necessity of reviewing the individual contracts, if the contracts are of the same type and if the state personnel director determines that such contracts meet the requirements of this part 5. Source: L. 93: Entire part added, p. 285, § 1, effective April […]
The state personnel director shall promulgate procedures to implement the policies of this part 5. Such procedures shall include, but not be limited to, provisions for consideration of contractors that utilize a preference for hiring veterans of military service and an annual certification process for ongoing personal services contracts. In promulgating procedures governing the analysis […]
The state personnel board may promulgate rules consistent with the policies of this part 5. Source: L. 93: Entire part added, p. 286, § 1, effective April 7.
Contracts for a term of six months or less that are not expected to recur on a regular basis are permissible and are not subject to this part 5. Source: L. 93: Entire part added, p. 286, § 1, effective April 7. L. 95: Entire section amended, p. 146, § 3, effective April 7.
