for
STATE/UNIVERSITY COOPERATIVE PROJECTS
PREAMBLE
The State of Maine, acting through its
departments and agencies, provides a broad range of governmental services aimed
at improving the lives of Maine's people. Similarly, the University of Maine
System provides a broad range of services to the people of Maine as reflected
by the diversity of teaching, research, and public service activities carried
out on its campuses. In many areas joint activities can enhance the ability of
both the State and the University to accomplish their respective missions. For
example, many activities of State government require information generated from
University research, or require the skills of individuals trained at the
undergraduate or graduate level. At the same time, State agencies have
expertise and access to data and other resources that can enhance the quality
of programs at the University. Opportunities exist furthermore for the joint
use of State and University funds as matching funds to attract external
resources, thereby enhancing the resource base to the mutual advantage of the
participants. The natural association between State agencies and the
University, if properly nurtured, can contribute positively to the betterment
of the people of Maine.
For purposes of this document, cooperative
projects are defined as any activity of interest to the State of Maine where
joint participation between the State and the University will improve the
capacity of the State of Maine to provide services to the people of the state,
and will enhance the ability of the University to further its teaching,
research, and public service missions. Examples of projects that would meet
these criteria include those that:
a.
provide training of students who may be candidates for employment to meet needs
of the public and private sectors in Maine;
b. support research
and development projects that generate needed information or enhance the
expertise of University faculty and research staff in areas needed by the
State;
c. provide public
service that leads to the dissemination of University expertise to various
constituencies in the State and/or that addresses critical State needs.
Where the potential for such
projects exists, it is in the best interests of the University and the State to
facilitate cooperation between University departments and State agencies.
Cooperative projects are a framework within which such cooperation may be
encouraged, with participation fully voluntary for both the State and the
University. Recognizing the commonality of interests involved, the State and
the University enjoy mutual benefits from entering into a cooperative working
association under terms which maximize the benefits resulting from the
commonality of purpose and the sharing of resources. Such arrangements might
involve only the State and the University using resources at their discretion,
or the State and the University might jointly seek funding from a third party
to support cooperative endeavors.
Criteria for State/University Cooperative Projects
For individual activities to qualify for
exemption from competitive bidding, they must meet the following criteria:
1. The activity
should not only be of interest to an agency of the State, but should also
enhance the ability of the University to fulfill its traditional mission in the
areas of teaching, research, and public service.
2. There should be a
sharing of the project's responsibilities and in, most cases, costs between the
University and the State.
3. An accountable
individual in both the State agency and the University unit involved in the
cooperative project should share responsibility for the project's design and
planning, and, as appropriate, its execution and documentation.
In summary then:
WHEREAS, the State of Maine provides a broad range of
governmental services aimed at improving the lives of Maine's people, and
WHEREAS, the University of Maine System, acting through its
respective Campus Universities, provides teaching, research, and public service
for the people of Maine, and
WHEREAS, both parties agree that the public is best served
when the resources and expertise of its public entities are shared to address
topics of common interest,
THEREFORE, the State of Maine, hereinafter referred to as the
State, and the University of Maine System, hereinafter referred to as the
University, this lst day of September, 1989, enter into an agreement for the
purpose of jointly planning and carrying out COOPERATIVE PROJECTS under
the terms and conditions specified below. These terms and conditions shall
apply to all COOPERATIVE PROJECTS and shall remain in force and effect
until amended or terminated.
1. PROJECT AGREEMENT
A PROJECT AGREEMENT shall be executed
for each project conducted. This agreement shall include a statement that all
activities will be governed by the terms and conditions of theGENERAL POLICY
AGREEMENT for STATE/UNIVERSITY COOPERATIVE PROJECTS and shall include:
A. Name of the
department, agency or unit of the State, and the name of the campus of the
University participating in the project.
B.
The effective starting date and expiration date for the agreement.
C.
Description of project activities to be undertaken during the period of the agreement
to include (a.) title, (b.) objectives, (c.) scope of work, (d.) key personnel,
(e.) schedule of reports or other deliverables, and (f.) budget. If additional
work beyond that specified in the present agreement is necessary to complete
the total project, then a description of proposed future activities along with
a timetable and estimated total cost should be included also.
D.
Designation of Project Administrators.
E.
Designation of Project Cooperators.
F.
Specification of funding and other project contributions to be provided by the
State, by the University, and by any third party during the period of the
agreement.
G.
When the State and the University jointly prepare a proposal for funding from a
third party, the PROJECT AGREEMENT will implement the contractual
relationship between the University and the State.
H.
Each PROJECT AGREEMENT must be signed by an authorized official on
behalf of the State and by a duly authorized campus official on behalf of the
University before it becomes a valid, enforceable document.
2. PROJECT ADMINISTRATORS
The State and the University shall each
designate a Project Administrator for each project conducted under this
agreement. The Project Administrators shall be responsible for the business
aspects of projects and all invoices, payments, project amendments and related
correspondence shall be directed to the individuals so designated.
3. PROJECT COOPERATORS
The State and the University shall each
designate a Project Cooperator for each project conducted under this agreement.
The Project Cooperators shall be responsible for the technical leadership and
conduct of the project and all progress reports, completion reports and related
correspondence shall be directed to the individuals so designated.
Joint project proposals to third parties may
identify individuals from either the State or the University, or both, as
"key personnel."
4. INDEPENDENT CAPACITY
The parties agree that employees of the
State, in the performance of their duties and activities under a PROJECT
AGREEMENT, shall continue to be in the legal status of State Employees and Not
as employees of the University; likewise, employees of the University, in the
performance of their duties and activities under a PROJECT AGREEMENT
shall continue in the legal status of University employees and not as employees
of the State.
5. CHANGES IN THE WORK
The scope of work, budget, period of
performance, specification of deliverables, or any other part of a PROJECT
AGREEMENT may be amended at any time by written agreement of both parties,
subject to required State and University approvals.
6. PERIOD OF PERFORMANCE
Multiple-year projects may be carried out
under this agreement; however, future participation may be contingent upon
legislative or congressional appropriations to the State and/or the University.
Neither the State nor the University is obligated to be involved or to carry
out work beyond that specified in an approved PROJECT AGREEMENT,
including relevant amendments if any.
7. FUNDING
Funds, facilities, assigned personnel or
other contributions made by either party shall be available only for the work
described in an approved PROJECT AGREEMENT. Neither the State nor the
University is obligated to expend funds or to make payments in excess of the
amounts specified in an approved PROJECT AGREEMENT, including relevant
amendments if any.
8. PROJECT COSTS
Project costs shall include the following as
appropriate: salaries, wages, employee benefits, supplies and materials,
travel, equipment, services, and indirect costs. Employee benefits and indirect
costs shall be charged at the audited federal rates in effect at the time the PROJECT
AGREEMENT is executed. Reimbursement for travel costs or similar expenses
shall be governed by the relevant collective bargaining agreements in effect
between the State or the University and its employees, and/or applicable State
or University policy.
9. COST SHARING
For two-party cooperative projects involving
the State and the University, total project costs will be shared by the
parties.
When the State and the University undertake a
project resulting from a joint proposal to a third party, cost sharing, if any,
will be provided in accordance with requirements of the grant announcement and
will be borne by each of the parties as specified in such proposal.
10. INVOICES AND PAYMENTS
Payments shall be made by the State within
twenty (20) days after receipt of an approved, itemized invoice submitted by
the University for actual costs incurred to date. Billings shall be for a period
of not less than thirty (30) days. Other payment terms may be negotiated as
necessary in an individual PROJECT AGREEMENT.
11. FISCAL RECORDS
The University shall maintain all books,
documents, payrolls, papers, accounting records and other evidence pertaining
to costs incurred under a PROJECT AGREEMENT and shall make such records
available at its offices during regular working hours for inspection by
authorized representatives of the State during the period of the agreement and
for three years thereafter. These records shall reflect total project costs
including documentation of State and University contributions, and all third
party contributions, to the project. Copies of project records shall be
provided to the State if requested by the Project Administrator.
12. SUBCONTRACTS
Unless provided for in the PROJECT
AGREEMENT, neither party shall enter into any subcontract with a third
party to perform all or part of the approved scope of work without the written approval
of the other party. If approval is granted, the party who subcontracts work
hereunder shall be fully responsible for performance of subcontractors. This
provision shall not be taken as requiring approval of employment contracts
between either of the parties and its employees nor the approval of ordinary
purchases of supplies and services needed to carry out the approved scope of
work.
13. SUBLETTING, ASSIGNMENT OR
TRANSFER
Neither party shall sublet, sell, transfer,
assign, or otherwise dispose of its right title or interest in any PROJECT
AGREEMENT, or any part thereof, without the written consent of the other
party.
14. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of any PROJECT
AGREEMENT the parties agree as follows:
(a.) The University will
not discriminate against any employee or applicant for employment relating to
this agreement because of race, color, religious creed, sex, national origin,
ancestry, age or physical handicap, unless related to a bona fide occupational
qualification. The University will take affirmative action to insure that
applicants are employed and employees are treated during employment, without
regard to their race, color, religion, sex, age or national origin. Such action
shall include but not be limited to the following: employment, upgrading,
demotions, or transfers; recruitment or recruitment advertising; layoffs or
terminations; rates of pay or other forms of compensation; and selection for
training including apprenticeship. The University agrees to post in conspicuous
places available to employees and applicants for employment notices setting
forth the provisions of this nondiscrimination clause.
(b.)
The State and the University will, in all solicitations or advertising for
employees placed by or on behalf of the University relating to this agreement,
state that all qualified applicants will receive consideration for employment
without regard to race, color, religious creed, sex, national origin, ancestry,
age or physical handicap.
(c.)
The University will send to each labor union or representative of the workers
with which he has a collective or bargaining agreement, or other contract or
understanding, whereby he is furnished with labor for the performance of this
contract, a notice, to be provided by the contracting department or agency,
advising the said labor union or workers representative of the University's
commitment under this section and shall post copies of the notice in
conspicuous places available to employees and to applicants for employment.
(d.)
The State and the University will cause the foregoing provisions to be inserted
in any subcontracts for any work covered by this agreement so that such
provisions shall be binding upon each subcontractor, provided that the
foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials. The University, or any subcontractor
holding a contract directly under the University, shall, to the maximum
feasible, list all suitable employment openings with the Maine Employment
Security Commission. This provision shall not apply to employment openings
which the University or any subcontractor holding a contract under the
University, proposes to fill from within its own organization. Listing of such
openings with the Employment Service Division of the Maine Employment security
Commission shall involve only the normal obligations which attach to such
listings.
15. TERMINATION
Either party may terminate a PROJECT
AGREEMENT at any time upon 60 days written notice to the other party.
Expenses incurred prior to the date of termination plus the costs of all
non-cancelable commitments, including termination costs of project personnel,
will be borne proportionally by each of the parties as specified by the cost
sharing percentages.
16. GOVERNMENTAL REQUIREMENTS
The parties agree to comply with all
governmental ordinances, laws and regulations as applicable to their respective
organizations.
17. LIABILITY
The State and the University mutually agree
that:
(a.) Each party shall be
responsible for any necessary fire or casualty insurance covering property
owned by that party and used in the performance of an approved PROJECT
AGREEMENT, and
(b.)
Neither party shall be responsible for the negligent acts of omission or
commission of the officers, employees, agents, or subcontractors of the other
party.
18. INTERPRETATION AND PERFORMANCE
All PROJECT AGREEMENTS shall be
governed by the laws of the State of Maine as to interpretation and
performance; however, notwithstanding the provisions of the GENERAL POLICY
AGREEMENT for STATE/UNIVERSITY COOPERATIVE PROJECTS, the specifications,
terms and conditions of a PROJECT AGREEMENT shall govern.
19. OWNERSHIP
All notebooks, plans, sketches, working
papers, or other property interests including innovations which may or may not
be proper for copyright or patent licensing, produced in the performance of a PROJECT
AGREEMENT are the property of the party who performed the work, but the
other party shall have the right to use the information for its own purposes.
The parties agree to maintain all notebooks, sketches, plans, working papers,
or other work produced in the performance of a PROJECT AGREEMENT for a
period extending one year after the expiration date and shall make such
materials available at their offices during normal working hours for inspection
by any authorized representative of the other party. A copy of these materials
shall be furnished, if requested.
Capital equipment is defined to include all
tangible property having a useful life of at least one year and a unit cost of
$500 or more. Title to all capital equipment supplied by the State under the
terms of a PROJECT AGREEMENT shall remain with the State. Title to all
capital equipment supplied by the University under the terms of a PROJECT
AGREEMENT shall remain with the University. Title to all capital equipment
purchased jointly under a PROJECT AGREEMENT shall vest immediately with
the University. The University shall maintain a list of all equipment jointly purchased,
and priority for use of such equipment throughout its useful life shall be to
further the joint cooperative ventures of the parties.
21. COPYRIGHTS
Title to and right to determine the disposition
of any copyrights, or patentable materials, first produced or composed by one
of the parties in the performance of a PROJECT AGREEMENT shall remain
with that party, provided that the owner shall grant to the other party an
irrevocable, royalty-free, nonexclusive right to reproduce, translate and use
all such copyrighted or patented material for its own purposes. The rights of
any officer, employee or agent of the University to any copyrightable or
patentable material produced under a partnership project shall be governed by
the University patent and copyright policy then in effect.
22. PUBLICATION RIGHTS
Results of work conducted under a PROJECT
AGREEMENT may be published jointly by parties, or by either party
separately, always giving due credit to the other party and recognizing within
proper limits the rights of individuals doing the work. Manuscripts prepared
for publication by either party shall be submitted to the other party for
review and comment prior to publication. In the event of disagreement as to the
manner of publication or the interpretation of results, the party publishing
the information will give due credit to the other party, but will assume full
responsibility for any statements on which there is a difference of opinion.
22. APPROVALS
Each PROJECT AGREEMENT is subject to
approval by an authorized representative of the University of Maine, the State
Contract Review Committee and the State Controller before it can be considered
as a valid, executable document.
APPROVED AS TO FORM: STATE OF MAINE
Date: ___________________________l989 By:_______________________________
Signed by Commissioner
By:______________________________
Signed by Attorney General
APPROVED,
CONTRACT REVIEW COMMITTEE:
UNIVERSITY OF MAINE SYSTEM:
Date:___________________________
By_______________________________
By:_____________________________ _________________________________
Signed by Con. Review Com.
Signed by UMS
Return to Office of Research and Sponsored Programs
Please send
any comments to clifford.wilbur@umit.maine.edu
Copyright © This
page is an official publication of the University of Maine
Last modified August 23, 2002