28-409. Agreements with public and private entities; fund

A. The director shall:

1. Subject to the limitations of section 41-2544, enter into agreements by direct contract with public and private entities or their authorized agents, brokers or subcontractors for services located in department offices that the director deems of mutual interest to both parties.

2. For compensation, enter into agreements by direct contract with public and private entities or their authorized agents, brokers or subcontractors to advertise goods and services.

B. The shared location and advertising agreements expense fund is established consisting of monies received pursuant to agreements entered into pursuant to this section. Monies in the fund are continuously appropriated. The director may use monies deposited in the fund to partially offset the cost incurred by the department in providing a location or advertising. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The director shall not enter into any agreements pursuant to this section without first contacting at least two competitors of the proposed contractor to determine whether terms more beneficial to this state than those offered by the proposed contractor are available. The director shall document the department's efforts to obtain competitive proposals in the contract file.