PROFESSIONAL/TECHNICAL SERVICES EXECUTIVE SEARCH FIRM FOR ACADEMIC AFFAIRS

REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM FOR ACADEMIC
AFFAIRS
DEAN FOR SCHOOL OF HEALTH AND HUMAN SERVICES
DEAN OF THE SCHOOL OF PUBLIC AFFAIRS
ASSISTANT PROVOST FOR UNDERGRADUATE STUDENT RECRUITMENT
ASSOCIATE DEAN FOR COLLEGE OF LIBERAL ARTS, SCHOOL OF THE ARTS
ST. CLOUD STATE UNIVERSITY
720 4TH AVENUE SOUTH
ST. CLOUD, MN 56301-4498
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
TABLE OF CONTENTS
Section
Page
TABLE OF CONTENTS
ADVERTISEMENT FOR PROPOSALS
PROPOSAL INSTRUCTIONS
AFFIDAVIT OF NON-COLLUSION
CERTIFICATE OF COMPLIANCE
PROPOSAL OFFERING FORM
2
3
4
7
8
13
Section 1 - GENERAL INFORMATION
1.1
Scope of Service
1.2
General Information
1.3
Issuing Office
14
16
16
Section 2 - TERMS AND CONDITIONS
2.1
Proposal Evaluation and Award
2.2
Applicable Law
2.3
Parties to the Contract
2.4
Contract Commencement
2.5
Non-Discrimination
2.6
State Audits
2.7
Affirmative Action
2.8
Licenses
2.9
Supervision and Inspection
2.10
Amendments
2.11
Contract Termination
2.12
Indemnification
2.13
Laws to be Observed
2.14
Reimbursement of Costs
2.15
Vendor Selection
2.16
Disposition of Responses
2.17
Targeted/Economically Disadvantaged Business & Individuals
17
17
17
17
17
17
17
18
18
18
18
18
18
18
18
19
19
Section 3 - CONTRACT TERMS
3.1
Terms and Conditions
3.2
Contract Documents
3.3
Contract Assignment
3.4
Contract Liaison
19
19
19
20
Section 4 – SPECIFICATIONS AND REQUIREMENTS
4.1
Role of the Vendor
20
Attachment: Professional/Technical Contract
21
ST. CLOUD STATE UNIVERSITY
2
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
ADVERTISEMENT FOR PROPOSALS
Notice is hereby given that Offers will be received by the Director of Purchasing, St. Cloud State University, until 3:00
P.M. on October 23, 2012 for the purpose of Professional/Technical Services from an Executive Search Firm for
Academic Affairs – Searches of DEAN FOR SCHOOL OF HEALTH AND HUMAN SERVICES, DEAN OF
THE SCHOOL OF PUBLIC AFFAIRS, ASSISTANT PROVOST FOR UNDERGRADUATE STUDENT
RECRUITMENT and ASSOCIATE DEAN FOR COLLEGE OF LIBERAL ARTS, SCHOOL OF THE ARTS
according to the specifications on file at:
St. Cloud State University
Business Services
Administrative Services 122
720 Fourth Avenue South
St. Cloud, Minnesota 56301-4498
Specifications and Request for Proposal forms may be obtained from www.stcloudstate.edu/businessservices/
under “News & Announcements”.
Offers are to be submitted in a sealed envelope addressed to the Director of Purchasing at the above address and clearly
marked in the lower left corner of the envelope, “EXECUTIVE SEARCH FIRM – For Academic Affairs Searches.”
St. Cloud State University reserves the right to reject any and all Offers and to waive any informalities contained in such
Offers.
Dated at St. Cloud, Minnesota, this October 8, 2012.
____________________________________
Lisa Sparks
Director of Purchasing
3
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
PROPOSAL INSTRUCTIONS: Page 1 of 3
DATE:
October 8, 2012
TITLE:
EXECUTIVE SEARCH FIRM - Searches of DEAN FOR SCHOOL OF HEALTH AND
HUMAN SERVICES, DEAN OF THE SCHOOL OF PUBLIC AFFAIRS, ASSISTANT
PROVOST FOR UNDERGRADUATE STUDENT RECRUITMENT and ASSOCIATE DEAN
FOR COLLEGE OF LIBERAL ARTS, SCHOOL OF THE ARTS
ISSUING AGENCY: St. Cloud State University
720 Fourth Avenue South
St. Cloud, Minnesota 56301-4498
PROPOSAL INSTRUCTIONS: Proposals will be received and registered until 3:00 P.M. on October 23, 2012 for
furnishing the services described herein. Proposals received after this time and date will be rejected and returned
unopened. Proposals may be delivered in person or by U.S. mail or other couriers. Faxed proposals are not acceptable.
Proposals must be submitted with the envelope plainly marked in the lower left corner: “EXECUTIVE SEARCH
FIRM- For Academic Affairs Searches.”
PROPOSAL ACCEPTANCE PERIOD: This proposal shall be binding upon the Offeror for 90 calendar days
following the proposal acceptance review date. Any proposal in which the Offeror shortens the acceptance period may be
rejected. Proposals will be on file and open to public inspection for 30 days after award determination. All terms and
specifications included in or appended to this solicitation apply to any subsequent award.
Complete and return the Proposal Offering Form with the Proposal to:
St. Cloud State University
Business Services - Purchasing
Administrative Services 122
720 Fourth Avenue South
St. Cloud, MN 56301-4498
All forms and attachments must be filled out in ink, typewritten, or word-processed.
4
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
PROPOSAL INSTRUCTIONS: Page 2 of 3
All inquiries for information are to be directed to:
Lisa Sparks
Director of Purchasing
St. Cloud State University
720 Fourth Avenue South
St. Cloud, Minnesota 56301-4498
Phone: (320) 308-4788
[email protected]
REVISIONS TO THE REQUEST FOR PROPOSAL: In the event it becomes necessary to revise any part of this
Request for Proposal, revisions will be provided to all Offerors who received the initial Request for Proposal or
subsequently have requested one. The University reserves the right to extend the deadline for receipt of proposals if
necessary.
WITHDRAWAL OF PROPOSAL: Proposals may be withdrawn in writing and submitted by facsimile, mail, or hand
delivery from the Offeror prior to the deadline for receipt of proposals. No oral withdrawals will be accepted.
REQUIREMENTS FOR SUBMITTING A PROPOSAL: Proposals should be as thorough and detailed as possible so
that the University may properly evaluate the Offeror’s capability to provide the required services. The vendor must
clearly state in the proposal any exceptions to or deviations from the specifications or terms and conditions. Any costs
incurred by the successful vendor in the completion of any award issued on the basis of this proposal, but not explicitly
stated in the vendors response, shall not be payable. Please submit one (1) original and four (4) copies of the proposal.
Offerors are required to submit the following items or information but are not limited solely to these items:
•
Request for Proposal Offering Form signed and completed as specified.
•
Affidavit of Non-Collusion signed and completed as specified.
•
Certificate of Compliance signed and completed as specified.
•
Name and address of search firm.
•
Evidence of successful experience in working with search committees on searches for higher education executive
positions in comparable educational institutions.
•
Evidence of success in providing clients with diverse pools of candidates for searches in higher education.
5
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
PROPOSAL INSTRUCTIONS: Page 3 of 3
•
Biographical information on all associates to be utilized in conducting the searches.
•
Identify the lead search professional responsible for all activities.
•
Outline the process used to conduct the searches. Include fee structure.
•
Statement acknowledging acceptance of language within MnSCU Professional/Technical Contract.
6
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
AFFIDAVIT OF NON-COLLUSION
Proposals will be received until October 23, 2012
Definition: For ease of reference, each organization submitting a response to this Request for Proposal will hereinafter be
referred to as an "Offeror". An Offeror whose Proposal would result in a formal agreement will hereinafter be referred to
as a "Contractor."
The prospective Offeror must sign the Affidavit and provide the information required of Offerors as outlined in the pages,
which follow:
AFFIDAVIT OF NON-COLLUSION:
I hereby swear (or affirm) under the penalty of perjury:
1. That I am the Offeror (if the Offeror is an individual), a partner in the Offeror (if the Offeror is a partnership),
or an officer or employee of the responding corporation having authority to sign on its behalf (if the Offeror is
a corporation);
2. That the attached Offer or Offers have been arrived at by the Offeror independently, and have been submitted
without collusion with, and without any agreement, understanding, or planned common course of action with
any other vendor of materials, supplies, equipment or services described in the Request for Proposal designed
to limit independent offers or competition;
3. That the contents of the Offer or Offers have not been communicated by the Offeror or its employees or
agents to any person not an employee or agent of the Offeror or its surety on any bond furnished with the
Offer or Offers and will not be communicated to any such person prior to the official opening of the Offer or
Offers, and;
4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit.
Subscribed and sworn to me this ______
day of _______________, 20___.
_______________________________
Signature
Notary Public
______________________________
Firm Name
______________________________
Date
My commission expires ________, 20____.
7
MINNESOTA STATE COLLEGES AND UNIVERSITIES
1.1
2
AFFIRMATIVE ACTION COMPLIANCE
A Certificate of Compliance is required for bids or proposals in excess of $100,000
Vendors are cautioned to read closely the attached Notice to Vendors, Affirmative Action Certificate of Compliance.
Effective July 1, 2003 - The Minnesota Department of Human Rights is authorized to charge a $75.00 fee for each
Certificate of Compliance issued. You may submit your affirmative action plan along with a cashier's check or
money order in the amount of $75.00 to the Minnesota Department of Human Rights or you may contact the
Department for additional information at: Contract Compliance Unit, Minnesota Department of Human Rights,
Sibley Square at Mears Park, 190 East 5th Street, suite 700, St. Paul, MN 55101, Phone 651-296-5663, TTY 651296-1283, Toll Free 800-657-3704
The following information must be completed by the vendor and returned with the [bid or proposal]. Failure to do so may
result in rejection of the [bid or proposal].
Vendors are cautioned to read closely the attached Notice to Vendors, Affirmative Action Certificate of Compliance.
The following information must be completed by the vendor and returned with the [bid or proposal]. Failure to do so may
result in rejection of the [bid or proposal].
BOX A:
1. Have you employed more than 40 full-time employees within Minnesota on a single working day during the
previous 12 months? YES_______ NO_______
If your answer is “NO,” proceed to BOX B. If your answer is “YES,” your response will be rejected
unless your firm or business has a Certificate of Compliance issued by the State of Minnesota, Commissioner of
Human Rights, or has submitted an Affirmative Action plan to the Commissioner of Human Rights for
approval by the time the responses are due for any solicitation in excess of $100,000.
2. Please check one of the following statements:
_______ YES, we have a current Certificate of Compliance that has been issued by the State of Minnesota,
Commissioner of Human Rights (include a copy of your certificate with your response).
_______ NO, we do not have a Certificate of Compliance; however, we submitted an Affirmative Action
plan to the Commissioner of Human Rights for approval on _______________________, 20_____. The plan
must be approved by the Commissioner of Human Rights before any contract or agreement can be executed.
PLEASE NOTE: Minnesota vendors must have a certificate issued by the Minnesota Department of Human
Rights. Affirmative Action plans approved by the federal government, a county, or a municipality must still be
reviewed and approved by the Minnesota Department of Human Rights for a certificate to be issued.
8
BOX B:
1.
Have your employed more than 40 full-time employees on a single working day during the previous 12 months in
a state in which you have your primary place of business and that primary place of business is outside of the State of
Minnesota, but inside the United States?
YES _______
NO_______
If your answer is “NO,” proceed to BOX C. If your answer is “YES,” MnSCU cannot execute a contract with your
firm or business unless it is in compliance with the Minnesota Human Rights certification requirements. It is the
sole responsibility of the vendor to apply for and obtain human rights certification prior to contract award or execution as
applicable. You may achieve compliance with the Human Rights Act by having either a current Certificate of
Compliance issued by the State of Minnesota, Commissioner of Human Rights, or by certifying that you are in
compliance with federal Affirmative Action requires.
2. Please check one of the following statements:
_______YES, we are in compliance with federal Affirmative Action requirements.
_______NO, we do not have a current Certificate of Compliance and we cannot certify that we are in compliance with
federal Affirmative Action requirements.
BOX C:
1. If your answers to BOX A (Question 1) and Box B (Question 1) were “NO,” you are not subject to the Minnesota
Human Rights Act certification requirement. Please, however, check one of the following:
_______NO, we have not employed more than 40 full-time employees within Minnesota on a single working day during
the
previous 12 months and have not employed more than 40 full-time employees on a single working day during the
previous 12 months in the state in which our principal place of business is located.
_______We are a business with our primary place of business outside of the United State that has not employed more than
40 full-time employees within Minnesota on a single working day during the previous 12 months.
For further information regarding Minnesota Human Rights requirements, contact the Department of Human Rights,
Compliance Services, 190 East 5th Street, Suite 700, St. Paul, MN 55101; Voice: 651.296.5663; Toll Free: 800.657.3704;
or TTY: 651.296.1283. For further information regarding federal Affirmative Action requirements, call 800.669.4000 or
visit its web site at http://www.eeoc.gov/.
By signing this statement the vendor certifies that the information filled in is accurate.
NAME OF FIRM:____________________________________________________________________
AUTHORIZED SIGNATURE OF [RESPONDER OR BIDDER]:_______________________________
9
TITLE: ____________________________________________________________
DATE: _________________________________
10
MINNESOTA STATE COLLEGES AND UNIVERSITIES
NOTICE TO VENDORS
AFFIRMATIVE ACTION CERTIFICATION OF COMPLIANCE
The amended Minnesota Human Rights Act (Minnesota Statutes §363A.36) divides the contract
compliance program into two categories. Both categories apply to any contracts for goods or
services in excess of $100,000.
The first category applies to businesses that have had more than 40 full-time employees within
Minnesota on a single working day during the previous 12 months. The businesses in this
category must have submitted an affirmative action plan to the Commissioner of the Department
of Human Rights prior to the due date and time of the response and must have received a
Certificate of Compliance prior to execution of the contract or agreement.
The secondary category applies to businesses that have had more than 40 full-time employees on
a single working day in the previous 12 months in the state in which its primary place of business
is domiciled. The businesses in this category must certify to MnSCU that it is in compliance with
federal affirmative action requirements before execution of the contract. For further information,
contact the Department of Human Rights, Compliance Services Unit, 190 East 5th Street, Suite
700, St. Paul, MN 55101; Voice: 651.296.5663; Toll Free: 800.657.3704; TTY: 651.296.1283.
MnSCU is under no obligation to delay the award or the execution of a contract until a
vendor has completed the Human Rights certification process. It is the sole responsibility
of the vendor to apply for and obtain a Human Rights certificate prior to contract
execution.
It is hereby agreed between the parties that MnSCU will require affirmative action requirements
be met by vendors in relation to Minnesota Statutes §363A.36 and Minnesota Rules, 5000.3400
to 5000.3600.
Under the Minnesota Human Rights Act, §363A.36, subdivision 1, no department or agency of
the state shall execute an order in excess of $100,000 with any business within the State of
Minnesota having more than 40 full-time employees in a single working day during the previous
12 months unless the firm or business has an affirmative action plan for the employment of
minority persons, women, and the disabled that has been approved the Commissioner of Human
Rights. Receipt of a Certificate of Compliance issued by the Commissioner shall signify that a
firm or business has an affirmative action plan approved by the Commissioner.
Failure by the vendor to implement an affirmative action plan or make a good faith effort shall
result in revocation of its certificate or revocation of the order (Minnesota Statutes §363A.36,
subdivisions 3 and 4). A certificate is valid for a period of two (2) years.
11
DISABLED INDIVIDUAL CLAUSE
A.
A vendor shall not discriminate against any employee or applicant for employment because of physical or
mental disability in regard to any position for which the employee or applicant for employment is qualified. The
vendor agrees to take disabled individuals without discrimination based on their physical or mental disability in all
employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection of training, including
apprenticeship.
B.
The vendor agrees to comply with the rules and relevant order of the Minnesota Department of Human
Rights issued pursuant to the Minnesota Human Rights Act.
C.
In the event of a vendor’s noncompliance with the requirements of this clause, actions for noncompliance
may be taken by the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act.
D.
The vendor agrees to post in conspicuous places, available to employees and applicants for employment,
notices in a form to be prescribed by the Commissioner of the Minnesota Department of Human Rights. Such
notices shall state the vendor obligation under the law to take affirmative action to employ and advance in
employment qualified disabled employees and applicants for employment and the rights of applicants and
employees.
E.
The vendor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement or other order understanding, that the vendor is bound by the terms of Minnesota Statutes
§363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in
employment physically and mentally disabled individuals.
It is hereby agreed between the parties that Minnesota Statutes §363A.36 and Minnesota Rules
5000.3400 to 5000.3600 are incorporated into any order of Minnesota Statutes §363A.36 and
Minnesota Rules, 5000.3400 to 5000.3600 are available from Minnesota Bookstore, 660 Olive
Street, St. Paul, Minnesota 55155.
By signing this statement the vendor certifies that the information provided is accurate.
NAME OF COMPANY:
____________________________________________________________________
AUTHORIZED SIGNATURE:
_______________________________________________________________
TITLE: _____________________________________________________________
DATE: _____________________________________________________________
Revised 4/7/11
12
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
DIRECTOR OF PURCHASING
ST. CLOUD STATE UNIVERISTY
BUSINESS SERVICES, AS. 122
720 FOURTH AVENUE SOUTH
ST. CLOUD, MN 56301-4498
BID OPENING TIME: 3:00 P.M.
BID OPENING DATE: OCTOBER 23, 2012
PROPOSAL OFFERING FORM
In compliance with this Request for Proposal, the undersigned acknowledges that I have read and understand all the
conditions imposed herein and offer and agree to furnish the services in accordance with the attached proposal or as
mutually agreed upon by subsequent negotiation.
Services of an executive search for:
Dean for School of Health and Human Services; Dollars ($_________________________________________________).
Dean for School of Public Affairs; Dollars ($____________________________________________________________).
Associate Dean for College of Liberal Arts, School of the Arts; Dollars ($_____________________________________).
Associate Provost for Undergraduate Student Recruitment; Dollars ($________________________________________ ).
Total bid based on full award of all requested searches: Dollars ($___________________________________________ ).
Name of Firm:
___________________________________________
Address:
___________________________________________
City:
___________________________________________
State:
_____________________ Zip: _________________
Telephone:
_____________________________________ (please include area code)
Federal ID
_______________________
State ID
________________________
Name:
___________________________________________
Signature:
___________________________________________
Title:
__________________________________________
Date:
__________________________________________
13
ST. CLOUD STATE UNIVERSITY
REQUEST FOR PROPOSAL
PROFESSIONAL/TECHNICAL SERVICES
EXECUTIVE SEARCH FIRM
FOR ACADEMIC AFFAIRS SEARCHES
Section 1
1.1
GENERAL INFORMATION
SCOPE OF SERVICE
St. Cloud State University is soliciting proposals from qualified vendors to provide assistance in the
search for the following positions: Dean for School of Health and Human Services, Dean for School of
Public Affairs, Associate Dean for College of Liberal Arts, School of the Arts, Assistant Provost for
Enrollment Management that will adequately meet the needs of the University while promoting the
greatest extent of competition that is practicable.
The Dean for School of Health and Human Services reports to the Provost and Vice President of
Academic Affairs of the University. The Dean of the School of Health and Human Services will provide
leadership and a facilitative environment to accomplish the goals embedded in the newly defined mission
for the School, as well as, align the functioning of the School to a broader institutional and academic
identity The Dean is responsible for academic and administrative planning, budgeting, administration of
collective bargaining agreements, implementation of college and university policies, recruitment,
development and evaluation of faculty, student relations, academic program review, fundraising and
external relations. The Dean reports to the Provost/Vice President of Academic Affairs and serves as a
representative of the university. The School comprises programs in: Communications Sciences &
Disorders, Counseling and Community Psychology, Gerontology, Kinesiology, Health and Physical
Education, Community Health, Exercise Sciences, Athletic Training, Recreation, Sport Management,
Coaching, Nursing, and Social Work.
Budget:
Budget: Salary $6,200,000
Operating $2,000,000
Direct Supervision - # FTE Employees: 106
Salary:
Current salary range for position (10)- $96,379 to $154,211
Qualifications:
(minimum) Earned doctorate in a field represented in the School; academic credentials appropriate for
the rank of Professor in the School, and a successful record of significant administrative
accomplishments.
The Dean of the School of Public Affairs will provide leadership and a facilitative environment to
accomplish the goals embedded in the newly defined mission for the School, as well as, align the
functioning of the School to a broader institutional and academic identity The Dean is responsible for
academic and administrative planning, budgeting, administration of collective bargaining agreements,
implementation of college and university policies, recruitment, development and evaluation of faculty,
student relations, academic program review, fundraising and external relations. The Dean reports to the
Provost/Vice President of Academic Affairs and serves as a representative of the university. The School
comprises programs in: Criminal Justice, Economics, Geography, Planning & Community Development,
and Political Science.
14
Budget:
Budget: Salary $6,200,000
Operating $2,000,000
Direct Supervision - # FTE Employees: 73
Salary:
Current salary range for position (10) $96,379 to $154,211
Qualifications:
(minimum) Earned doctorate in a field represented in the School; academic credentials appropriate for
the rank of Professor in the School, and a successful record of significant administrative
accomplishments.
The position of Assistant Provost for Undergraduate Student Recruitment exists to lead and direct a
strategic recruitment plan for all aspects of undergraduate admissions. This person will be responsible for
planning, implementing and directing all aspects of new undergraduate student recruitment for
prospective freshman, and transfer students, specifically prospect management by territory for new
entering students and by academic college for transfers. Manages communication of SCSU admissions
requirements and decisions to prospects, applicants, admitted and denied students, their parents or
guardians, and their guidance or transfer counselors. In conjunction with Assistant Vice-President for
Marketing and Communications, this person is responsible for planning, analyzing and updating
communication flows with prospective students, parents, guidance counselors and other designated target
groups. In addition, the incumbent will develop a comprehensive long term enrollment plan for
undergraduate recruitment and admission for SCSU. This will include but not be limited to 1)
demographic analyses and projections for Minnesota and other states or countries which will be targeted
in recruitment efforts. 2) Long-term projections of high school graduates in Minnesota, including socioeconomic characteristics, race and ethnicity, gender, and academic profile. This position works with
university faculty, University College and Student Success Services, Student Life and Development
including but not limited to Multicultural Student Services, high school counselors, the University
Communications, the local community and business and industry to broaden communication channels
related to student recruitment. This position is responsible for attaining annual undergraduate enrollment
goals through the use of continuous improvement strategies and skills. In addition, this person will have a
key role in developing innovative approaches to expand access to information about the university. This
person reports to the Dean, University College and Associate Provost for Student Success.
Budget:
Budget: Salary $600,000
Operating $391,000
Direct Supervision - # FTE Employees: 12
Salary:
Current salary range for position (8) $83,400 to $133,443
15
Qualifications:
(minimum) Masters degree ; seven years experience of progressively responsible work in the areas of
admissions, registration, advising, orientation, and/or related student services.
The position of Associate Dean for College of Liberal Arts, School of the Arts assists the college dean
to implement academic programs of the college. Primary responsibilites are for the ongoing
administrative operation of the units which comprise the college.
Budget:
Budget:
Salary $13 million
Operating $6000,000
Direct Supervision - # FTE Employees: 108
Salary:
Current salary range for position (6) $72,169 to $115,474
Qualifications:
(minimum) Earned doctorate in a field represented in the School; academic credentials appropriate for the
rank of Professor in the School, and a successful record of significant administrative accomplishments.
The purpose of this solicitation is to obtain specific proposals from potential vendors on how they
would provide services to the search committee and to achieve the goal of placing the successful
candidate by July 1, 2013.
1.2
GENERAL INFORMATION
St. Cloud State University is a state supported comprehensive higher education institution located
in the city of St. Cloud, Minnesota. St. Cloud is located 70 miles northwest of Minneapolis. St.
Cloud State University was founded in 1869 and is the largest of the seven state universities in
the Minnesota State Colleges and Universities System. The University enrolls over 18,000
students. There are over 1,500 employees, approximately half are faculty serving these students.
The administrative structure of the University consists of the President, the Provost and Vice
President for Academic Affairs, the Vice President for Administrative Affairs, the Vice President
for University Advancement, and the Vice President for Student Life and Development.
1.3
ISSUING OFFICE
The SCSU Purchasing Department is issuing this Request For Proposal (RFP) on behalf of St.
Cloud State University. The SCSU Purchasing Department is the sole point of contact regarding
all procurement and contractual matters relating to the requirements described in this RFP, and is
the only office authorized to change, modify, clarify, etc., the specifications, terms, and
conditions of this RFP. All communications, including any requests for clarification, concerning
this RFP shall be addressed no later than October 11, 2012 e-mail or fax to:
Lisa Sparks, Director of Purchasing
St. Cloud State University
Business Services - AS 122
720 4th Ave. S.
St. Cloud, MN 56301
16
Telephone:
(320) 308-4788
Fax:
(320) 308-4175
email: [email protected]
Reference :
Section 2
2.1
PROFESSIONAL/TECHNICAL SERVICES – EXECUTIVE SEARCH
FIRM – For Academic Affairs Searches
TERMS AND CONDITIONS
PROPOSAL EVALUATION AND AWARD:
The award shall be made in the best interest of the University. This Request for Proposal is not
subject to any competitive bidding requirements of Minnesota law. The University reserves the
right to accept other than the most financially advantageous proposal. The University reserves
the right to accept or reject any and all proposals, to waive any informality in proposals, and
unless otherwise specified in writing by the Offeror, to accept any items in any proposal. The
University may require oral presentation of one or more Offerors for the purpose of discussion
and negotiation. The award document will be a Contract incorporating, by reference, all the
requirements, terms and conditions of the solicitation and the Contractor’s proposal as negotiated.
2.2
APPLICABLE LAW:
This contract shall be governed and interpreted by the laws of the State of Minnesota.
2.3
PARTIES TO THE CONTRACT:
The Contract shall be between St. Cloud State University, an agency of Minnesota State Colleges
and Universities, and the successful Offeror known as the “Contractor” according to the terms set
forth herein. A representative of the University will be responsible for the administration of the
Contract, and referred to as the “Contract Liaison”.
2.4
CONTRACT COMMENCEMENT:
It is the intention of the University to commence the resulting Contract immediately following the
review of responses.
2.5
NON-DISCRIMINATION:
In connection with the performance of work under this Contract, the Contractor agrees not to
discriminate against any University employee or student because of race, color, religion, national
origin, sex, marital status, status with regard to public assistance, disability, or age.
2.6
STATE AUDITS:
The books, records, documents, and accounting procedures and practices of the CONTRACTOR
relevant to this contract shall be subject to examination by the contracting department and the
Legislative Auditor.
2.7
AFFIRMATIVE ACTION:
Contracts that are one hundred thousand dollars ($100,000.00) or more require a Certificate of
Compliance from the State of Minnesota Department of Human Rights.
17
2.8
LICENSES:
The successful Contractor(s) shall have and maintain a valid and appropriate business license (if
applicable), meet all local, state, and federal codes, and have current all required local, state, and
federal licenses.
2.9
SUPERVISION AND INSPECTION:
The University will reserve the right to request the removal of any Contractor(s) employee from
the performance of the contract if in the judgment of the University, such removal shall be
necessary in order to protect the interests of the University.
2.10
AMENDMENTS:
The Contract shall not be varied except by an instrument in writing executed subsequently to the
execution of the Contract by both parties.
2.11
CONTRACT TERMINATION:
The University may terminate with or without cause the Contract by giving no less than thirty
(30) days written notice of the intention to terminate as of the specified date.
2.12
INDEMNIFICATION:
The Contractor shall indemnify, defend or hold the University harmless:
1.) from and against any claim or demand by third persons for loss, liability or damage,
including claims for property damage, personal injury or wrongful death, arising out of any
accident thereto occasioned by any act or nuisance made or suffered on the Premises, or by
any fire or other destructive force on the Premises or growing out of or caused by any failure
on the part of the Contractor to maintain the Premises in a safe condition and shall reimburse
the University for all costs and expenses in connection with the defense of such claims; and
2.) from and against all actions, suits, damages, and claims by whomsoever brought or made by
reason of the non-observance or non-performance of any of the terms, covenants and
conditions in the Contract or the rules, regulations, ordinances and laws of the United States
or the State of Minnesota.
2.13
LAWS TO BE OBSERVED:
The Contractor shall observe, perform and comply with or require compliance with all
governmental laws, ordinances, rules and regulations of the United States and the State of
Minnesota, the Minnesota State Colleges and Universities, or any department thereof, which in
any manner may affect the providing of services required as outlined in this Request for Proposal.
2.14
REIMBURSEMENT OF COSTS:
Each Vendor submitting a proposal is responsible for all costs associated with preparing and
submitting a complete proposal response, including costs that may be incurred in providing SCSU
with additional information. SCSU is under no obligation to reimburse the Vendor for any
proposal costs or incur any costs on Vendor's behalf.
2.15
VENDOR SELECTION:
The selection of a Vendor and the accompanying award of a contract, should either occur, is at
the discretion of St. Cloud State University.
18
2.16
DISPOSITION OF RESPONSES:
All materials submitted in response to this RFP will become property of MnSCU and will become
public record after the evaluation process is completed and an award decision made. If the
Responder submits information in response to this RFP that it believes to be trade secret
materials, as defined by the Minnesota Government Data Practices Act, Minn, Stat. 13.37, the
Responder must:
•
Clearly mark all trade secret materials in its response at the time the response is submitted.
•
Include a statement with its response justifying the trade secret designation for each item, and
•
Defend any action seeking release of the materials it believes to be trade secret, and
indemnify and hold harmless the State, its agents and employees, from any judgments or
damages awarded against the State in favor of the party requesting the materials, and any and
all costs connected with that defense. This indemnification survives that State’s award of the
contract. In submitting a response to this RFP, the Responder agrees that this indemnification
survives as long as the trade secret materials are in possession of MnSCU.
MnSCU will not consider the prices submitted by the Responder to be proprietary or trade secret
materials.
Responses to this RFP will not be open for public review until MnSCU decides to pursue a
contract and that contract is awarded.
2.17
TARGETED/ECONOMICALLY DISADVANTAGED BUSINESS & INDIVIDUALS:
In accordance with Minnesota Rules 1230.1810, subpart B and Minnesota Rules 1230.1830,
certified Targeted Group Businesses or individuals submitted proposals as prime contractors will
receive up to six percent preference on the evaluation of their proposals. For information
regarding certification, contact the Department of Administration, Materials Management
Helpline at (651) 296-2600, TTY (651) 282-5799.
Section 3
3.1
CONTRACT TERMS
TERMS AND CONDITIONS:
The terms and conditions of the Contract will not be changed without prior written consent of
both parties. The University reserves the right to obtain services from an alternate contractor
should Contractor not be able to provide services when needed.
3.2
CONTRACT DOCUMENTS:
It is mutually agreed by and between the State and the Contractor that the University’s acceptance
of the Contractor’s offer will be by the issuance of the MnSCU Professional/Technical contract.
The Contract entered into by the parties may consist of the Request for Proposal, the signed
Proposal submitted by the Contractor, the Standard Contract Form and include all modifications
thereof, all of which shall be referred collectively as the Contract Documents. All other
communication between the parties, whether oral or written, with reference to the subject matter
of this Contract is void and superseded.
3.3
CONTRACT ASSIGNMENT:
Neither this Contract nor any part hereof shall be assigned, sublet or transferred directly or
indirectly without the written consent of the University.
19
3.4
CONTRACT LIAISON:
For purposes of this Contract, the University liaison shall be:
Devinder M. Malhotra
Provost and Vice President for Academic Affairs
St. Cloud State University
(320) 308-4909
Section 4
4.1
SPECIFICATIONS AND REQUIREMENTS
ROLE OF THE VENDOR
The services provided by the executive search firm are as follows, but not limited to:
• Assist St. Cloud State University in conducting a national job search.
• Pre-search consultation to assess the leadership needs of the client and the position.
• Develop and implement a plan for the search that would identify qualified candidates from
diverse backgrounds and provide appropriate communications with candidates and
constituencies.
• Seek out and actively recruit qualified candidates, including candidates from historically
underrepresented groups.
• Correspond with applicants and nominees as necessary.
• Consult with the search committee to establish questions to be used in checking references.
• Conduct up to five reference checks for each of up to ten semi-finalists and provide relevant
information for the applicants’ search file.
• Meet with the search committee to facilitate discussion of semi-finalists and the selection of
three to five finalists; conduct background checks and degree confirmation.
• Perform at least three to five reference checks on finalist and provide relevant information for
the applicant’s search file.
• Assist in the preparation for finalist interviews by helping to prepare questions, establishing
an interview schedule, and further facilitate the interview and campus visits as requested.
20
21
P.O. Number
STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
ST. CLOUD STATE UNIVERSITY
PROFESSIONAL/TECHNICAL SERVICES CONTRACT
THIS CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting
through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of St. Cloud
State University (hereinafter MnSCU), and
[INSERT CONTRACTOR’S LEGAL NAME AND FULL ADDRESS]
an independent contractor, not an employee of the State of Minnesota (hereinafter CONTRACTOR).
WHEREAS, MnSCU, pursuant to Minnesota Statutes Chapter 136F, is empowered to procure from time
to time certain professional/technical services, and
WHEREAS, MnSCU is in need of professional/technical services, and
WHEREAS, the CONTRACTOR represents it is duly qualified and willing to perform the services set
forth in this contract, and
WHEREAS, the CONTRACTOR represents that he/she is not a current state employee, and
WHEREAS, the CONTRACTOR represents that he/she has not received an early separation incentive
under Minnesota State Colleges and Universities Board Policy 4.11, Board Early Separation Incentive
Program (BESI), during the one year period prior to the effective date of this contract.
NOW, THEREFORE, it is agreed:
I.
TERM OF CONTRACT.
This contract shall be effective on [INSERT FULL DATE (e.g., January 29, 2011)] or upon the date
the final required signature is obtained by MnSCU, whichever occurs later, and shall remain in
effect until [INSERT FULL DATE (e.g., June 30, 2011)] or until all obligations set forth in this
contract have been satisfactorily fulfilled, whichever occurs first. The CONTRACTOR
understands that no work should begin under this contract until all required signatures have
been obtained and the CONTRACTOR is notified to begin work by MnSCU’s authorized
representative.
22
II.
CONTRACTOR’S DUTIES. The CONTRACTOR will:
[INSERT SUFFICIENT DETAIL SO THAT CONTRACTOR CAN BE HELD ACCOUNTABLE
FOR THIS WORK. ATTACH ADDITIONAL PAGE(S) IF NECESSARY AND LABEL AS
ATTACHMENT XX.]
III.
CONSIDERATION AND TERMS OF PAYMENT.
A. Consideration for all services performed and goods or materials supplied by the
CONTRACTOR pursuant to this contract shall be paid by MnSCU as follows:
1.
Compensation of [INSERT DOLLAR AMOUNT IN WORDS AND NUMBERS AND
NUMBER OF HOURS, e.g, Fifty and 00/100 Dollars ($50.00) for eighty (80) hours)]
2.
Reimbursement for travel and subsistence expenses actually and necessarily incurred by
the CONTRACTOR in performance of this contract in an amount not to exceed
[INSERT DOLLAR AMOUNT IN WORDS AND NUMBERS (e.g. One Hundred Twenty
and 00/100 Dollars ($120.00). IF NONE, INSERT “Zero Dollars ($0.00)]
provided that CONTRACTOR shall be reimbursed for travel and subsistence expenses in
the same manner and in no greater amount than provided in the current
“Commissioner’s Plan” promulgated by the Commissioner of Employee Relations
attached hereto. [ATTACH IF APPLICABLE; DO NOT ATTACH IF NOT APPLICABLE]
The CONTRACTOR shall not be reimbursed for travel and subsistence expenses
incurred outside the State of Minnesota unless it has received prior written approval for
such out-of-state travel from MnSCU’s authorized representative.
3.
The total obligation of MnSCU for all compensation and reimbursement to the
CONTRACTOR shall not exceed: [INSERT DOLLAR AMOUNT IN WORDS AND
NUMBERS, e.g. Four Thousand One Hundred Twenty and 00/100 Dollars ($4,120.00).]
B. Terms of Payment.
1.
Payment shall be made by MnSCU promptly after the CONTRACTOR’S presentation of
invoices for services performed and acceptance of such services by MnSCU’s authorized
representative. All services provided by the CONTRACTOR pursuant to this contract
shall be performed to the satisfaction of MnSCU, as determined at the sole discretion of
its authorized representative, and in accordance with all applicable federal, state and
local laws, ordinances, rules and regulations. The CONTRACTOR shall not receive
payment for work found by MnSCU to be unsatisfactory or performed in violation of any
applicable federal, state or local law, ordinance, rule or regulation. Invoices shall be
presented by CONTRACTOR according to the following schedule: [USE TERMS OR
PHRASES SUCH AS WEEKLY, MONTHLY OR WITHIN CALENDAR DAYS
FOLLOWING COMPLETION OF SERVICES OR IF THERE ARE SPECIFIC
DELIVERABLES, PHASES, TASKS, LIST HOW MUCH WILL BE PAID FOR EACH.]
2.
If applicable, payments are to be made from federal funds obtained by MnSCU through
Title
of the
Act of
(Public law and amendments thereto). If at any time
such funds become unavailable, this contract shall be terminated immediately upon
written notice of such fact by MnSCU to the CONTRACTOR. In the event of such
termination, CONTRACTOR shall be entitled to payment, determined on a pro rata
basis, for services satisfactorily performed.
3.
Nonresident Aliens. Pursuant to 26 U.S.C. §1441, MnSCU is required to withhold certain
federal income taxes on the gross compensation paid to nonresident aliens, as defined by
Internal Revenue Code §7701(b). MnSCU will withhold all required taxes unless and
until CONTRACTOR submits documentation required by the Internal Revenue Service
indicating that CONTRACTOR is a resident of a country with tax treaty benefits. MnSCU
23
makes no representations regarding whether or to what extent tax treaty benefits are
available to CONTRACTOR. To the extent that MnSCU does not withhold these taxes for
any reason, CONTRACTOR agrees to indemnify and hold MnSCU harmless for any
taxes owed and any interest or penalties assessed.
4.
IV.
Entertainers. Pursuant to Minnesota Statute 290.9201, MnSCU is required to withhold a
two percent (2%) tax on the gross compensation, including reimbursable expenses, paid
to non-Minnesota entertainers for any performance in Minnesota.
AUTHORIZED REPRESENTATIVES. All official notifications, including but not limited to,
cancellation of this contract must be sent to the other party’s authorized representative.
A. MnSCU’s authorized representative for the purpose of administration of this contract is:
Name:
Address:
Telephone:
E-Mail:
Fax:
Such representative shall have final authority for acceptance of the CONTRACTOR’S services
and, if such services are accepted as satisfactory, shall so certify on each invoice presented
pursuant to Clause III, paragraph B.
B. The CONTRACTOR’S authorized representative for the purpose of administration of this
contract is:
Name:
Address:
Telephone:
E-Mail:
Fax:
V.
CANCELLATION AND TERMINATION.
A. This contract may be canceled by MnSCU at any time, with or without cause, upon thirty (30)
days written notice to the CONTRACTOR. In the event of such a cancellation, the
CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for work or
services satisfactorily performed.
B. Termination for Insufficient Funding. MnSCU may immediately terminate this contract if it
does not obtain funding from the Minnesota Legislature or other funding source, or if
funding cannot be continued at a level sufficient to allow for the payment of the services
covered here. Termination must be by written or fax notice to the CONTRACTOR within a
reasonable time of MnSCU receiving notice that sufficient funding is not available. MnSCU
is not obligated to pay for any services that are provided after notice and effective date of
termination. However, the CONTRACTOR will be entitled to payment, determined on a pro
rata basis, for work or services satisfactorily performed to the extent that funds are available.
MnSCU will not be assessed any penalty if the contract is terminated because of the decision
of the Minnesota Legislature or other funding source not to appropriate funds.
VI.
ASSIGNMENT. The CONTRACTOR shall neither assign or transfer any rights or obligations
under this contract without the prior written consent of MnSCU.
VII.
LIABILITY. The CONTRACTOR shall indemnify, save, and hold MnSCU, its representatives and
employees harmless from any and all claims or causes of action, including all attorney’s fees
24
incurred by MnSCU, arising from the performance of this contract by the CONTRACTOR or
CONTRACTOR’S agents or employees. This clause shall not be construed to bar any legal
remedies the CONTRACTOR may have for MnSCU’s failure to fulfill its obligations pursuant to
this contract.
VIII.
WORKERS’ COMPENSATION. The CONTRACTOR certifies it is in compliance with
Minnesota Statute §176.181, subd. 2 pertaining to workers’ compensation insurance coverage.
The CONTRACTOR’S employees and agents will not be considered MnSCU employees. Any
claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these
employees or agents and any claims made by any third party as a consequence of any act or
omission on the part of these employees or agents are in no way MnSCU’s obligation or
responsibility.
IX.
PUBLICITY. Any publicity given to the program, publications, or services provided resulting
from this contract, including, but not limited to, notices, informational pamphlets, press releases,
research, reports, signs, and similar public notices prepared by or for the CONTRACTOR or its
employees individually or jointly with others, or any subcontractors shall identify MnSCU as the
sponsoring agency and shall not be released prior to receiving the approval of MnSCU’s
authorized representative.
X.
MINNESOTA STATUTE §181.59.
The Contractor will comply with the provisions of Minnesota Statute §181.59 which require:
Every contract for or on behalf of the State of Minnesota, or any county, city, town, township,
school, school district, or any other district in the state, for materials, supplies, or construction
shall contain provisions by which the contractor agrees: (1) that, in the hiring of common or
skilled labor for the performance of any work under any contract, or any subcontract, no
contractor, material supplier, or vendor, shall, by reason or race, creed, or color, discriminate
against the person or persons who are citizens of the United States or resident aliens who are
qualified and available to perform the work to which the employment relates; (2) that no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate,
or prevent the employment of any person or persons identified in clause (1) of this section, or on
being hired, prevent, or conspire to prevent, the person or persons from the performance of work
under any contract on account of race, creed, or color; (3) that a violation of this section is a
misdemeanor; and (4) that this contract may be canceled or terminated by the state, county, city,
town, school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any subsequent
violation of the terms or conditions of this contract.
XI.
DATA DISCLOSURE.
A. The CONTRACTOR is required by Minnesota Statute §270.66 to provide either a social
security number, a federal employer tax identification number or a Minnesota tax
identification number. This information may be used in the enforcement of federal and state
tax laws. Supplying these numbers could result in action to require CONTRACTOR to file
state tax returns and pay delinquent state tax liabilities. This contract will not be approved
unless these numbers are provided. These numbers will be available to federal and state tax
authorities and state personnel involved in approving the contract and the payment of state
obligations.
B. For any person hired as an independent contractor, except for those persons whose contract
is for less than two (2) months with gross earnings of less than Two Hundred Fifty and
00/100 Dollars ($250.00) per month and for corporations, Minnesota Statute §256.998 requires
that his or her social security number and date of birth be submitted to the Department of
Human Services. This information may be used in the enforcement of state and federal child
support laws.
25
XII.
GOVERNMENT DATA PRACTICES ACT. The CONTRACTOR and MnSCU must comply
with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies
to all data provided by MnSCU in accordance with this contract, and as it applies to all data,
created, collected, received, stored, used, maintained, or disseminated by the CONTRACTOR in
accordance with this contract. The civil remedies of Minnesota Statute §13.08 apply to the release
of the data referred to in this clause by either the CONTRACTOR or MnSCU.
In the event the CONTRACTOR receives a request to release the data referred to in this clause,
the CONTRACTOR must immediately notify MnSCU. MnSCU will give the CONTRACTOR
instructions concerning the release of the data to the requesting party before the data is released.
XIII.
OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS.
A. MnSCU shall own all rights, title and interest in all of the materials conceived or created by
the CONTRACTOR, or its employees or subcontractors, either individually or jointly with
others and which arise out of the performance of this contract, created and paid for under
this contract, including any inventions, reports, studies, designs, drawings, specifications,
notes, documents, software and documentation, computer based training modules,
electronically, magnetically or digitally recorded material, and other work in whatever form
(hereinafter MATERIALS).
The CONTRACTOR hereby assigns to MnSCU all rights, title and interest to the
MATERIALS. The CONTRACTOR shall, upon request of MnSCU, execute all papers and
perform all other acts necessary to assist MnSCU to obtain and register copyrights, patents or
other forms of protection provided by law for the MATERIALS. The MATERIALS created
under this contract by the CONTRACTOR, its employees or subcontractors, individually or
jointly with others, shall be considered “works made for hire” as defined by the United States
Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be
remitted to MnSCU by the CONTRACTOR, its employees and any subcontractors, and the
CONTRACTOR shall not copy, reproduce, allow or cause to have the MATERIALS copied,
reproduced or used for any purpose other than performance of the CONTRACTOR’S
obligations under this contract without the prior written consent of MnSCU’s authorized
representative.
B. The CONTRACTOR represents and warrants that MATERIALS produced or used under this
contract do not and will not infringe upon any intellectual property rights of another,
including, but not limited to, patents, copyrights, trade secrets, trade names, and service
marks and names. The CONTRACTOR shall indemnify and defend, to the extent permitted
by the Attorney General, MnSCU at the CONTRACTOR’S expense from any action or claim
brought against MnSCU to the extent that it is based on a claim that all or part of the
MATERIALS infringe upon the intellectual property rights of another. The CONTRACTOR
shall be responsible for payment of any and all such claims, demands, obligations, liabilities,
costs and damages, including, but not limited to, reasonable attorney fees arising out of this
contract, amendments and supplements thereto, which are attributable to such claims or
actions.
If such a claim or action arises, or in the CONTRACTOR’S or MnSCU’s opinion is likely to
arise, the CONTRACTOR shall, at MnSCU’s discretion, either procure for MnSCU the right
or license to continue using the MATERIALS at issue or replace or modify the allegedly
infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to
other remedies provided by law.
XIV.
ANTITRUST. The CONTRACTOR hereby assigns to the State of Minnesota any and all claims
for overcharges as to goods or services provided in connection with this contract resulting from
antitrust violations which arise under the antitrust laws of the United States or the antitrust laws
26
of the State of Minnesota.
XV.
JURISDICTION AND VENUE. This contract, and amendments and supplements thereto, shall
be governed by the laws of the State of Minnesota. Venue for all legal proceedings arising out of
this contract, or breach thereof, shall be in the state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
XVI.
AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by
the same parties who executed the original contract, or their successors in office.
XVII.
STATE AUDITS. The books, records, documents, and accounting procedures and practices of the
CONTRACTOR relevant to this contract shall be subject to examination by MnSCU and the
Legislative Auditor for a minimum of six (6) years from the end of the contract.
XVIII. SURVIVAL OF TERMS. The following clauses survive the expiration, cancellation or
termination of this contract: VII., Liability; IX., Publicity; XI., Data Disclosure; XII., Government
Data Practices Act; XIII., Ownership Of Materials and Intellectual Property Rights; XV.,
Jurisdiction and Venue; and XVII., State Audits.
XIX.
OTHER PROVISIONS.
[INCLUDE HERE ANY ADDITIONAL DOCUMENTS WHICH ARE TO BE ATTACHED AS
PART OF THIS AGREEMENT AND LABEL AS ATTACHMENT A.]
27
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound
thereby.
APPROVED:
1. MINNESOTA STATE COLLEGES AND UNIVERSITIES:
ST. CLOUD STATE UNIVERSITY
By:
Title:
Date:
2.
VERIFIED AS TO ENCUMBRANCE:
Employee certifies that funds have been encumbered as required by
Minnesota Statute §16A.15.
By:
Title:
Date:
3.
CONTRACTOR: CONTRACTOR certifies that the appropriate
person(s) have executed the contract on behalf of CONTRACTOR as
required by applicable articles, by-laws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
4.
AS TO FORM AND EXECUTION:
By:
Title:
Date:
28