Text: HF00198 Text: HF00200 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 8.47 REQUIREMENTS FOR AGENCY
1 2 CONTRACTS – CONSULTING AND LEGAL SERVICES.
1 3 1. As used in this section:
1 4 a. "Agency" means the same as defined in section 17A.1.
1 5 b. "Consulting services" means services performed by or
1 6 under the direction of a person for the benefit of the
1 7 person's client in order to improve the client's position, by
1 8 providing recommendations or options regarding a course of
1 9 action based on information collected or reviewed and analyzed
1 10 about the client.
1 11 c. "Legal services" means services involving the practice
1 12 of law performed by or under the direction of an attorney
1 13 licensed in this state for the benefit of a client in order to
1 14 improve the client's position.
1 15 d. "Service provider" means the person who is required to
1 16 be paid by an agency for services provided to the agency under
1 17 contract.
1 18 e. "Services" means consulting services or legal services.
1 19 2. This section applies to a contract in which an agency
1 20 that is a client of a service provider is obligated to pay the
1 21 service provider or another person for services provided to
1 22 the agency.
1 23 3. a. A contract, or any amendment to a contract,
1 24 executed by an agency receiving services shall be in writing.
1 25 The contract shall include the total amount due to be paid a
1 26 service provider for providing the services pursuant to the
1 27 contract. If the contract provides for payment based on an
1 28 hourly rate, the contract shall provide an estimate of the
1 29 total amount due to be paid to the service provider. The
1 30 agency shall withhold ten percent of the actual or estimated
1 31 total amount due under the contract as a condition for
1 32 receiving a final itemized statement of all services as
1 33 required in this section. This section does not prohibit an
1 34 agency from withholding other amounts as a condition of
1 35 performance.
2 1 b. Regardless of the terms of a contract, including the
2 2 basis for payment, a service provider shall deliver a final
2 3 itemized statement of all services, as performed under the
2 4 contract, to the agency. The itemized statement shall explain
2 5 in detail the work performed under the contract, including the
2 6 total number of hours of work, a summary of the work performed
2 7 for each hour listed, and the amount due calculated upon a per
2 8 hour basis.
2 9 EXPLANATION
2 10 This bill applies to all executive branch agencies and
2 11 provides requirements for contracts involving consulting or
2 12 legal services provided to the agency by a contractor
2 13 (referred to as a "service provider").
2 14 The bill provides that a contract executed by an agency
2 15 involving consulting or legal services must be in writing.
2 16 The contract must include the actual or estimated total amount
2 17 due to be paid, and the agency is required to withhold 10
2 18 percent of that amount as a condition for receiving an
2 19 itemized statement of all services at the end of the period of
2 20 service.
2 21 The itemized statement of services must explain in detail
2 22 the work performed under the contract, including the number of
2 23 hours of work performed, a summary of the work performed for
2 24 each hour listed, and the amount due calculated upon a per
2 25 hour basis.
2 26 LSB 1699HH 79
2 27 da/pj/5.1
Text: HF00198 Text: HF00200 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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