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Standard Purchasing Agreement

 

Information On This Page

 

Introduction

Compensation

Service-Order Option

Is Insurance Needed?

Insurance Requirements

Insurance Waiver - If Insurance is Not Required

 

If you have any questions about this new agreement, please contact LaShonda White at 713-223-7928 or Elliot Ballard at 713-226-5526.

 

Introduction

The intent of the Standard Purchasing Agreement is to create consistency in our terms and conditions and to simplify the choice of which standard agreement a department should use under various circumstances. This agreement:

 

  • Eliminates redundancies in several pre-existing purchasing agreement forms
  • Avoids potential confusion about which purchasing agreement is appropriate under various circumstances
  • Allows a "service order" alternative for work to be contracted on an as needed basis.

 

The UH System is transitioning to this new document as a replacement for the following purchase agreements that were previously approved by the Office of General Counsel:

 

  • OGC-S-1998-05 - Purchasing Agreement for Goods and Services
  • OGC-S-1998-07 - Independent Contractor Agreement
  • OGC-S-1998-06 - Consulting Agreement

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Compensation (Paragraph 3 of Standard Purchasing Agreement)

In the "Compensation" section of the Standard Purchasing Agreement, select one of three payment options applicable to the particular transaction. (See options are shown below.)

  1. COMPENSATION: Check one box only:

This is a fixed price contract. University will pay Contractor the amount of $ .

 

This is not a fixed price contract.  University will pay Contractor an amount not to exceed $ (based on an hourly fee and/or other method of calculation as follows: ).

 

This is not a fixed price contract and will be performed on a service-order basis.  University will pay Contractor an amount not to exceed $ (based on service order form(s) to be completed and signed by the Parties, a version of which will be provided to Contractor by University). University will engage Contractor on an “as-needed if needed” basis and does not guarantee the purchase of any quantity or dollar amount of Services.

 

Service-Order Option

The third option is used when the contractor will perform work on an as-needed basis. If your department chooses the last option, a separate “Service-Order for Standard Purchasing Agreement" must be completed and signed for each project performed by the contractor under the fully executed Standard Purchasing Agreement. Each fully executed original signature "Service-Order" must be frowarded to the Contract Administration Office and will be included in the contract file.

 

Requirements from the Purchasing Office must be met prior to the completion and execution of the "Standard Purchasing Agreement" contract.

 

For budget purposes, we highly recommend a fiscal year time frame for "Service-Order" contracts.

 

If you would like to use the "service-order" option and you are unsure if this approach would apply, please contact the Contract Administration Office (LaShonda White at 713-223-7928 or Elliot Ballard at 713-226-5526, room 621 South) so that we can help with that determination.

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Insurance (Paragraph 10 of Standard Purchasing Agreement)

This agreement allows the waiver of insurance requirements if appropriate. This flexibility was built in to accommodate for transactions that do not require our standard insurance coverage; however, insurance requirements should not be waived for transactions that require insurance.

Is Insurance Needed?

Listed below is a guide to assist you with determining if the contract does or does not require insurance:

 

  • Transportation and valet service
  • Catering
  • Services or entertainment  requiring the movement of heavy/bulky equipment on campus property
  • Assembling furniture, tents and other large, bulky or heavy items
  • Services requiring large vehicles on campus facilities
  • Services involving changes to campus facilities (e.g., running cables, mechanical, electrical, plumbing, renovation, construction, parking, etc.)
  • Services involving facilities, security or furniture installations
  • Facility repair, maintenance, installation, cleaning, custodial and signage services

[Note: 

Instructors working with children may require special certificate of insurance.

Contracting for Professional Services has a specific contract and requires insurance.]

  • Guest speakers, lecturers, instructors, trainers
  • Training or workshops (non-physical)
  • Testing (paper exams)
  • Graphic design
  • Officiating services
  • Conferences
  • Musical events/performances  that do not require the movement/set up of heavy equipment
  • Entertainment involving small equipment that can be set up on tables
  • Photography that does not require the movement or use of heavy equipment on campus property

 

Contact the Risk Management and Compliance Office (Mary Cook at 713-222-5340) if the scope of work you are contracting for is not included on the above list and you are unsure if insurance is required.

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Insurance Requirements

In general, parties contracting with UHD are to maintain insurance coverage proportionate with the risks involved in the particular contract. These include the following:

  • Comprehensive General Liability insurance coverage of $1,000,000 per occurrence.

 

  • If the Contractor will enter University property the following insurance is required:

    (i) Worker’s Compensation coverage as required by law with statutory limits for the State of Texas, including Employers Liability coverage of $500,000 per accident;

    (ii) Commercial Automobile Liability coverage of $1,000,000 Combined Single Limit;

    (iii) For engineers and architects only: Professional Liability coverage of $5,000,000 per occurrence; and

    (iv) for builders only: Builder’s Risk coverage in the amount of the construction cost, including protection against named windstorm and flood.

  • All policies must contain a waiver of subrogation against University.

 

  • Comprehensive General Liability and Commercial Automobile Liability policies must name UHD as "Additional Insured".

The contractor must provide a certificate ofiInsurance with the required coverage prior to the start of work.

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Back to Is Insurance Needed?

If Insurance Is Not Required

If insurance is not required for the contracted scope of work, the Standard Purchasing Agreement allows the UHD signatory to waive the insurance requirements by initialing the document just above the signature block as shown below:

 

Insurance Requirements WaiverIF the Insurance Requirements are not applicable to the Services or if University otherwise chooses to waive such requirements for purposes of this Agreement, the appropriate University representative may waive the requirements by initialing here: -> ___________ Otherwise, Contractor must satisfy the Insurance Requirements specified in this Agreement.

 

Please note, the departmental representative is responsible for determining whether such waiver is appropriate for a particular agreement. Check the "Is Insurance Needed?" section of this page. If you still have questions, it is strongly recommended that you consult with the Office of Risk Management and Compliance (Mary Cook at 713-222-5340) before you waive insurance requirements.

 

If the UHD signatory does not initial the section that waives the insurance requirement, a certificate of insurance will be required from the contractor before any work can be performed under the contract.

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Page maintained by cookm@uhd.edu

Last updated or reviewed on 4/14/14

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