Personal and Professional Service Contracts and Tailgating: Difference between pages

From Appalachian State University Policy Manual
(Difference between pages)
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Policy 509.20
Policy 106.3
== Introduction ==
== Introduction ==
1.1 This policy provides guidance related to service contracts entered into by Appalachian State University to ensure compliance with all applicable federal and State laws, and University policies.
You may copy this page's source to start a new policy page. Be sure to remove or overwrite the examples. Second level headings should NOT be altered.


== Scope ==
== Scope ==
2.1 This policy applies to all faculty and staff.
 


== Definitions  ==
== Definitions  ==
=== Personal and Professional Services ===
:“Personal and professional services” are those performed by a professional individual on a temporary or occasional basis, including but not limited to those provided by a doctor, dentist, attorney, architect, professional engineer, scientist, or performer of the fine arts and similar professions.


=== Consultant Services ===
 
:“Consultant services” shall mean work or task(s) performed by state employees or independent contractors possessing specialized knowledge, experience, expertise and professional qualifications to investigate assigned problems or projects and to provide counsel, review, analysis or advice in formulating or implementing improvements in programs or services. This includes, but is not limited to, the organization, planning, directing, control, evaluation and operation of a program, agency or department.
=== Tailgating ===
:Tailgating is defined as parking in a designated location or area and/or setting up non- permanent facilities (such as tents and tables) to consume food and beverages prior to an officially sanctioned University event to which the public is invited and the event has been approved for tailgating. If the Chancellor or his designee pre-approves the consumption of alcohol for a specific tailgating event, only malt beverages and unfortified wine may be consumed by individuals twenty-one (21) years of age or older.


== Policy and Procedure Statements  ==
== Policy and Procedure Statements  ==


=== Contracts ===  
=== Conduct ===
4.1.1 Personal service contracts are not reviewed by the Purchasing Office unless the services are consulting in nature, in which case they will be forwarded for review and approval by the Department of Administration. Care must be taken to ensure that personal service contracts are not used to circumvent personnel procedures and that the appearance of an employer/employee relationship is not created. A checklist is provided to assist with this determination in the event the relationship is not clear.
Individuals attending events at Appalachian State University are expected to conduct themselves in a manner respectful of the nature and character of the university. Persons acting in a disruptive, disrespectful or disorderly manner may be asked to leave the premises or be subject to citation. Students may also be charged with a violation of the Code of Student Conduct.
 
'''APPALACHIAN STATE UNIVERSITY DOES NOT SANCTION THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS; NOR DOES IT SANCTION THE VIOLATION OF FEDERAL, STATE OR LOCAL LAW.'''
 
=== Tailgating Areas/Times ===
Tailgating with food and non-alcoholic beverages is permitted on all areas of campus.
 
Possession and consumption of alcoholic beverages while tailgating will be permitted in the following areas, or those parking lots adjacent to the facilities listed below, unless otherwise stipulated by the University Administration:
{|
|Broyhill Music Building Lot                       
|Chemistry and Physics (CAP) Lot
|
|Champions Lot                                   
|Duck Pond Field
|
|Durham Park
|East Stands Lot
|
|Edwin Duncan Hall Lot                           
|Farthing Auditorium Lot
|
|Greenwood Lot                                     
|Holmes Center Lot
|
|John Thomas Hall Lot                             
|Justice/Coltrane Halls Lots
|
|Katharine Harper Hall Lot
|Legends Lot
|                       
|Raley Lot
|Rivers Street Parking Deck
|                       
|South Lot
|Stadium Lot
|                                     
|Student Recreation Center Lot                     
|University Drive Parking Spaces
|
|New Parking Deck next to the Carol Grotnes Belk Library and Information Commons
|}
 
'''THE ABOVE DESIGNATED AREAS ARE THE ONLY LOCATIONS APPROVED FOR TAILGATING WITH ALCOHOL. Consumption of alcohol outside designated areas and/or time periods constitutes a violation of Appalachian State University tailgating policy. Violators are subject to prosecution under the
Appalachian State University Code of Student Conduct, the laws of The Town of Boone, and/or the laws of the State of North Carolina.'''
 
Alcohol consumption will not be permitted in any area during or after the game.
 
Tailgating is limited to directly behind your parked vehicle. '''Roadways cannot be blocked for any reason and more than one parking spot cannot be used.'''
 
Motor homes will not be allowed to park in campus parking lots the night before a game.
 
<u>Tailgating sites will not open prior to 9:00 A.M. before the official beginning of the event.</u>
 
Tailgating will not be permitted during the event.
 
=== Consumption of Alcohol ===
 
Consistent with North Carolina State Law, <u>Underline</u>only malt beverages and unfortified wine may be possessed or consumed. Spirituous liquor (including mixed drinks) is NOT permitted.<u>Underline</u>
 
Kegs and other common containers are not allowed at any time.
 
Glass containers are not allowed.
 
Drinking games, including, but not limited to, beer pong, and the use of devices intended to accelerate the consumption of alcohol, including, but not limited to, funnels or beer bongs, are prohibited.
 
Any participant who consumes alcoholic beverages at such events <u>Underline</u>must be able to produce a valid driver’s license or other photo ID that reflects the person’s age<u>Underline</u> upon request.
 
Consumption of alcoholic beverages is prohibited on any other part of the campus or on public streets that run through or are adjacent to the campus.
 
Consumption of alcoholic beverages may begin no more than 3 ½ hours before the starting time of the event. Consumption of alcoholic beverages '''after''' commencement of the event is '''prohibited'''. (University Alcohol Policy, Resource Manual, Administrative Policy 21)
 
=== Consumption and Preparation of Food ===
 
No food may be sold without proper University permit (either Food Services and/or Athletics).
 
Propane and charcoal grills are the only permissible sources of heat for cooking. Burned coals and/or residue from cooking may not be permitted to make contact with the paved surface of the parking lot. Hot coals must be completely extinguished with water prior to leaving the tailgating site.


4.1.2 It is the policy of Appalachian State University that goods and services will not be purchased from Appalachian State University employees or state employees.  
Open flame fires, including fire pits, are prohibited.


4.1.3 For contract amounts less than $10,000.00 aggregate that are not consultative in nature, the responsible individual or project director should complete the Standard Contract form and obtain all approvals in advance of the service being performed. This will assist with verifying that the contractor performing the service can legally be paid for contracted services and is not classified as an Appalachian State University employee.
=== Trash ===


4.1.4 The contract shall include the following information:
All groups and individuals participating in tailgating are responsible for proper disposal of their trash and other debris such as charcoal.
#The name, address, and social security number of the person (or tax identification number of the firm) with whom the contract has been made.
Recycling is strongly encouraged.
#The services to be performed by the individual or firm and the dates the services begin and end.
#The total amount of compensation for the services performed (an all-inclusive amount, unless otherwise approved by the Controller).
#Signatures by: The person or firm providing services, the chairperson of the department for which the services are performed, the dean of the appropriate college, and the applicable vice chancellor. The vice chancellor, if he or she desires, may delegate his or her signature authority. Such delegation must be in writing and communicated to the Controller.
#Contracts are not considered valid unless they have been reviewed and signed by the University Controller or that official’s designee.


4.1.5 Contracts that exceed $10,000.00 must be completed on either the approved ASU Contract for Personal Services or the ASU Contract for Professional Services long form.
Trash containers will be provided throughout campus.


4.1.6 Contracts evidenced by a form other than the standard templates provided by the University can also be used provided they are approved by the chancellor or a vice chancellor in advance.  An example might be a contract associated with a performer or entertainer.
=== Solicitation ===
4.1.7 Payment for Services - Contractors paid for services performed will be paid from the Direct Payment form with a copy of the contract attached for each payment. 


4.1.8 Advance Payments – In general, payments to contractors should not be made in advance.  The project director is responsible for making sure the services are complete and satisfactory before releasing funds to the contractor.
No sales activities are allowed on the Appalachian State University campus, including any/all tailgating areas, without permission from the appropriate University office, i.e. Athletics and/or Center for Student Involvement and Leadership.
(Facility Use Policy, Section 11-Solicitation and Solicitors, Resource Manual)


4.1.9 Exceptions to Policy – With the exception of payments as described in 4.1.8 above, failure by a department to obtain all necessary approvals prior to the commencement of work is deemed non-compliant with university policy.  Non-compliance carries the risk that the payment may be delayed or denied. In cases of non-compliance the following steps are taken to request payment:
Only Appalachian State University Athletics or their designated representatives will be allowed to sell merchandise at athletics events.


4.1.10 In addition to submitting the Direct Payment Form with a copy of the contract attached, a memo is written by the person authorizing the commencement of work explaining why ASU policy was not followed, and lists steps to be taken to make sure policies are followed in the future.  This memo is acknowledged by the vice chancellor or other senior administrator.
=== Structures ===
 
No permanent or semi-permanent structures may be constructed or placed for any activity on University grounds except by authority of the Vice Chancellor for Business Affairs or the Vice Chancellor for Student Development(Facility Use Policy, Section 5-Use of University Grounds and Exterior Facilities, Resource Manual).
 
=== Smoking Policy ===
 
Smoking is not allowed inside Kidd Brewer Stadium or within 50 ft. of any university facility.
 
If smoking in a designated area, smoking residue must be placed in appropriate receptacles. (Smoking Policy, Resource Manual)


== Additional References ==
== Additional References ==


== Authority ==
== Authority ==
Internal Revenue Code, 26 U.S.C. 1, et seq.
 


== Contact Information ==
== Contact Information ==
Materials Management 828-262-2080 or Controller’s Office 828-262-2110


== Original Effective Date ==
 
February 20, 2012
== Effective Date ==


== Revision Dates ==
== Revision Dates ==
[[Category:Contents]]
[[Category:Business Operations]]
[[Category:Purchasing]]

Revision as of 15:21, 19 September 2011

Policy 106.3

Introduction

You may copy this page's source to start a new policy page. Be sure to remove or overwrite the examples. Second level headings should NOT be altered.

Scope

Definitions

Tailgating

Tailgating is defined as parking in a designated location or area and/or setting up non- permanent facilities (such as tents and tables) to consume food and beverages prior to an officially sanctioned University event to which the public is invited and the event has been approved for tailgating. If the Chancellor or his designee pre-approves the consumption of alcohol for a specific tailgating event, only malt beverages and unfortified wine may be consumed by individuals twenty-one (21) years of age or older.

Policy and Procedure Statements

Conduct

Individuals attending events at Appalachian State University are expected to conduct themselves in a manner respectful of the nature and character of the university. Persons acting in a disruptive, disrespectful or disorderly manner may be asked to leave the premises or be subject to citation. Students may also be charged with a violation of the Code of Student Conduct.

APPALACHIAN STATE UNIVERSITY DOES NOT SANCTION THE CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES BY UNDERAGE PERSONS; NOR DOES IT SANCTION THE VIOLATION OF FEDERAL, STATE OR LOCAL LAW.

Tailgating Areas/Times

Tailgating with food and non-alcoholic beverages is permitted on all areas of campus.

Possession and consumption of alcoholic beverages while tailgating will be permitted in the following areas, or those parking lots adjacent to the facilities listed below, unless otherwise stipulated by the University Administration:

Broyhill Music Building Lot Chemistry and Physics (CAP) Lot Champions Lot Duck Pond Field Durham Park East Stands Lot Edwin Duncan Hall Lot Farthing Auditorium Lot Greenwood Lot Holmes Center Lot John Thomas Hall Lot Justice/Coltrane Halls Lots Katharine Harper Hall Lot Legends Lot Raley Lot Rivers Street Parking Deck South Lot Stadium Lot Student Recreation Center Lot University Drive Parking Spaces New Parking Deck next to the Carol Grotnes Belk Library and Information Commons

THE ABOVE DESIGNATED AREAS ARE THE ONLY LOCATIONS APPROVED FOR TAILGATING WITH ALCOHOL. Consumption of alcohol outside designated areas and/or time periods constitutes a violation of Appalachian State University tailgating policy. Violators are subject to prosecution under the Appalachian State University Code of Student Conduct, the laws of The Town of Boone, and/or the laws of the State of North Carolina.

Alcohol consumption will not be permitted in any area during or after the game.

Tailgating is limited to directly behind your parked vehicle. Roadways cannot be blocked for any reason and more than one parking spot cannot be used.

Motor homes will not be allowed to park in campus parking lots the night before a game.

Tailgating sites will not open prior to 9:00 A.M. before the official beginning of the event.

Tailgating will not be permitted during the event.

Consumption of Alcohol

Consistent with North Carolina State Law, Underlineonly malt beverages and unfortified wine may be possessed or consumed. Spirituous liquor (including mixed drinks) is NOT permitted.Underline

Kegs and other common containers are not allowed at any time.

Glass containers are not allowed.

Drinking games, including, but not limited to, beer pong, and the use of devices intended to accelerate the consumption of alcohol, including, but not limited to, funnels or beer bongs, are prohibited.

Any participant who consumes alcoholic beverages at such events Underlinemust be able to produce a valid driver’s license or other photo ID that reflects the person’s ageUnderline upon request.

Consumption of alcoholic beverages is prohibited on any other part of the campus or on public streets that run through or are adjacent to the campus.

Consumption of alcoholic beverages may begin no more than 3 ½ hours before the starting time of the event. Consumption of alcoholic beverages after commencement of the event is prohibited. (University Alcohol Policy, Resource Manual, Administrative Policy 21)

Consumption and Preparation of Food

No food may be sold without proper University permit (either Food Services and/or Athletics).

Propane and charcoal grills are the only permissible sources of heat for cooking. Burned coals and/or residue from cooking may not be permitted to make contact with the paved surface of the parking lot. Hot coals must be completely extinguished with water prior to leaving the tailgating site.

Open flame fires, including fire pits, are prohibited.

Trash

All groups and individuals participating in tailgating are responsible for proper disposal of their trash and other debris such as charcoal. Recycling is strongly encouraged.

Trash containers will be provided throughout campus.

Solicitation

No sales activities are allowed on the Appalachian State University campus, including any/all tailgating areas, without permission from the appropriate University office, i.e. Athletics and/or Center for Student Involvement and Leadership. (Facility Use Policy, Section 11-Solicitation and Solicitors, Resource Manual)

Only Appalachian State University Athletics or their designated representatives will be allowed to sell merchandise at athletics events.

Structures

No permanent or semi-permanent structures may be constructed or placed for any activity on University grounds except by authority of the Vice Chancellor for Business Affairs or the Vice Chancellor for Student Development(Facility Use Policy, Section 5-Use of University Grounds and Exterior Facilities, Resource Manual).

Smoking Policy

Smoking is not allowed inside Kidd Brewer Stadium or within 50 ft. of any university facility.

If smoking in a designated area, smoking residue must be placed in appropriate receptacles. (Smoking Policy, Resource Manual)

Additional References

Authority

Contact Information

Effective Date

Revision Dates

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