The University of Louisiana at MonroeThe University of Louisiana at Monroe

PURCHASING DEPARTMENTPURCHASING DEPARTMENT

Contract Rules, Format, etcContract Rules, Format, etc

L.S.A.-R.S.L.S.A.-R.S. 39: Public Finance39: Public Finance

October 22, 2008October 22, 2008

CONTRACTSCONTRACTS

Types:Types: Professional ServicesProfessional Services: ex – Accountant, Architect, : ex – Accountant, Architect,

Doctor., Engineer, etc.Doctor., Engineer, etc. Consulting ServicesConsulting Services: ex – Advertising, Consulting, : ex – Advertising, Consulting,

Management, Public Relations, etc.Management, Public Relations, etc. Personal ServicesPersonal Services: ex – skills based, creative, : ex – skills based, creative,

artistic.artistic.Artist, Entertainer, Musician, Photographers, etc.Artist, Entertainer, Musician, Photographers, etc.

Note: Consulting Services and/or Personal ServicesNote: Consulting Services and/or Personal Services

> $50K, must be put out for bid. > $50K, must be put out for bid.

CONTRACTSCONTRACTShttp://www.ulm.edu/formshttp://www.ulm.edu/forms//

Must have:Must have:

Purchase Requisition IS requiredPurchase Requisition IS required

Basic ContractBasic Contract Goals and ObjectivesGoals and Objectives Monitoring PlanMonitoring Plan Certification Letter addr to Certification Letter addr to Susan Susan Smith (DOA)Smith (DOA) Evaluation (when contract Evaluation (when contract

completed)completed) Obtain IRS Form W-9 for Obtain IRS Form W-9 for Accounts PayableAccounts Payable

AMOUNTSAMOUNTS

<< $20,000 $20,000 - Signed on Campus - Signed on Campus

> $20,000> $20,000 – Must be approved by OCR in – Must be approved by OCR in Baton Rouge (allow 4 to 6 weeks for OCR Baton Rouge (allow 4 to 6 weeks for OCR approval)approval)

<< $50,000$50,000 on campus for Entertainment on campus for Entertainment contract – is not sent to OCR for approvalcontract – is not sent to OCR for approval

NOTE: NOTE: Maximum $ amount MUST be stated, Maximum $ amount MUST be stated, cannot give amount “Plus” expensescannot give amount “Plus” expenses

OTHEROTHER

NEPOTISM: NEPOTISM: CAN NOTCAN NOT contract with contract with immediate family memberimmediate family member

PRIOR EMPLOYEES: State lawPRIOR EMPLOYEES: State law

State of LouisianaState of LouisianaParish of OuachitaParish of Ouachita

ContractContract

Be it known, that on this ___ day of Be it known, that on this ___ day of , 20___,, 20___,

The University of Louisiana at Monroe’s department of The University of Louisiana at Monroe’s department of

(hereinafter "State") and (hereinafter "State") and (Contractor's name and legal (Contractor's name and legal address including zip-code) address including zip-code)

(hereinafter "Contractor") do hereby enter into contract under(hereinafter "Contractor") do hereby enter into contract under

the following terms and conditions.the following terms and conditions.

1.1.

Contractor agrees to provide the following services:Contractor agrees to provide the following services:

Contractor and State agree this contract is for any amount not Contractor and State agree this contract is for any amount not exceeding a maximum of $20,000; therefore, the effective date shall exceeding a maximum of $20,000; therefore, the effective date shall be the date of signature by the parties.be the date of signature by the parties.

OROR

Contractor and State agree this contract is for an amount in excess of Contractor and State agree this contract is for an amount in excess of $20,000; therefore, the effective date shall be the date of approval $20,000; therefore, the effective date shall be the date of approval granted by the State of Louisiana’s Office of Contractual Review.granted by the State of Louisiana’s Office of Contractual Review.

NOTE: delete one of the sentences above. One of them is NOT NOTE: delete one of the sentences above. One of them is NOT applicableapplicable

2.2. In consideration of the services described above, “State” In consideration of the services described above, “State” Agrees to pay “Contractor” a maximum fee of $__________.Agrees to pay “Contractor” a maximum fee of $__________.Payment will be made only on approval of ______________.Payment will be made only on approval of ______________.

If progress and/or completion to the reasonable If progress and/or completion to the reasonable satisfaction of the State is obtained, payments are satisfaction of the State is obtained, payments are scheduled as follows:scheduled as follows:

1.1. XXXXXXXXXXXXXX

2.2. XXXXXXX, etcXXXXXXX, etc

3.3.

Contractor hereby agrees the responsibility for paymentContractor hereby agrees the responsibility for payment

of taxes from the funds thus received under this Contractof taxes from the funds thus received under this Contract

and/or legislative appropriation shall be the Contractor’sand/or legislative appropriation shall be the Contractor’s

Obligation under the Federal tax identification number:Obligation under the Federal tax identification number:

_______________._______________.

4.4.

The State may terminate this Contract for cause based uponThe State may terminate this Contract for cause based uponThe failure of the Contractor to comply with the terms and/orThe failure of the Contractor to comply with the terms and/orconditions of the Contract, provided that the State shall giveconditions of the Contract, provided that the State shall givethe Contractor written notice specifying the Contractor’sthe Contractor written notice specifying the Contractor’sfailure. If within thirty (30) days after receipt of such notice,failure. If within thirty (30) days after receipt of such notice,the Contractor shall not have either corrected such failure or, the Contractor shall not have either corrected such failure or, in the case which cannot be corrected in thirty (30) days,in the case which cannot be corrected in thirty (30) days,begun in good faith to correct such failure and thereafterbegun in good faith to correct such failure and thereafterproceeded diligently to complete such correction, then theproceeded diligently to complete such correction, then theState may, at its option, place the Contractor in default andState may, at its option, place the Contractor in default andthe Contract shall terminate on the date specified in suchthe Contract shall terminate on the date specified in suchnotice. The Contractor may exercise any rights available tonotice. The Contractor may exercise any rights available toit under Louisiana law to terminate for causeit under Louisiana law to terminate for cause

upon the failure of the State to comply with the terms upon the failure of the State to comply with the terms andand

conditions of this Contract; provided that the Contractor conditions of this Contract; provided that the Contractor shallshall

give the State written notice specifying the “State’s” give the State written notice specifying the “State’s” failurefailure

and a reasonable opportunity for the State to cure the and a reasonable opportunity for the State to cure the defect. defect.

5.5.

The State may terminate the Contract at any time by The State may terminate the Contract at any time by givinggiving

thirty (30) days written notice to the Contractor. Thethirty (30) days written notice to the Contractor. TheContractor shall be entitled to payment for deliveries inContractor shall be entitled to payment for deliveries inProgress, to the extent work has been performedProgress, to the extent work has been performedsatisfactorily.satisfactorily.

6.6.

All records, reports, documents and other material deliveredAll records, reports, documents and other material deliveredor transmitted to Contractor by State shall remain theor transmitted to Contractor by State shall remain theproperty of State, and shall be returned by Contractor toproperty of State, and shall be returned by Contractor toState, at Contractor's expense, at termination or expirationState, at Contractor's expense, at termination or expirationof this contract. All records, reports, documents, or otherof this contract. All records, reports, documents, or othermaterial related to this contract and/or obtained or preparedmaterial related to this contract and/or obtained or preparedby Contractor in connection with the performance of theby Contractor in connection with the performance of theservices contracted for herein shall become the property ofservices contracted for herein shall become the property ofState, and shall, upon request, be returned by Contractor toState, and shall, upon request, be returned by Contractor toState, at Contractor's expense, at termination or expiration ofState, at Contractor's expense, at termination or expiration ofthis contract. this contract.

7.7.

The contractor shall not assign any interest in this The contractor shall not assign any interest in this contractcontract

and shall not transfer any interest in same (whether by and shall not transfer any interest in same (whether by assignment or novation), without prior written consent assignment or novation), without prior written consent

of the of the State, provided however, that claims for money due or State, provided however, that claims for money due or

to to become due to the contractor from the State may be become due to the contractor from the State may be assigned to a bank, trust company, or other financial assigned to a bank, trust company, or other financial institution without such prior written consent. Notice of institution without such prior written consent. Notice of

any any such assignment or transfer shall be furnished such assignment or transfer shall be furnished

promptly to promptly to the State. the State.

8.8.

It is hereby agreed that the Legislative Auditor of theIt is hereby agreed that the Legislative Auditor of theState of Louisiana, the Internal Auditor and/or theState of Louisiana, the Internal Auditor and/or theOffice of the Governor, Division of AdministrationOffice of the Governor, Division of Administrationauditors shall have the option of auditing allauditors shall have the option of auditing allaccounts of contractor which relate to this contract.accounts of contractor which relate to this contract.

9.9.

This Contract shall begin on __________, 200___,This Contract shall begin on __________, 200___,and shall terminate on ________________, 200___.and shall terminate on ________________, 200___.

10.10.

The continuation of this contract is contingent upon the The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails tocontract by the legislature. If the legislature fails toappropriate sufficient moneys to provide for the appropriate sufficient moneys to provide for the

continuationcontinuationof the contract, or if such appropriation is reduced by the of the contract, or if such appropriation is reduced by the

vetovetoof the Governor or any means provided in the of the Governor or any means provided in the

appropriationsappropriationsact to prevent the total appropriation for the year fromact to prevent the total appropriation for the year fromexceeding revenues for that year, or for any other lawfulexceeding revenues for that year, or for any other lawfulpurpose, and the effect of such reduction is to providepurpose, and the effect of such reduction is to provideinsufficient moneys for the continuation of the contract, insufficient moneys for the continuation of the contract,

thethecontract shall terminate on the date of the beginning of contract shall terminate on the date of the beginning of

thethefirst fiscal year for which funds are not appropriated. first fiscal year for which funds are not appropriated.

11.11.

The contractor agrees to abide by the requirements of the The contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964 and by 1964 and Title VII of the Civil Rights Act of 1964 and by the Equal Opportunity Act of 1972, Federal Executive the Equal Opportunity Act of 1972, Federal Executive Order 11246, as amended, the Federal Rehabilitation Act Order 11246, as amended, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Re-of 1973, as amended, the Vietnam Era Veteran's Re-adjustment Assistance Act of 1974, Title IX of the adjustment Assistance Act of 1974, Title IX of the EducationEducation

Amendments of 1972, the Age Discrimination Act of 1975, Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and contractor the Fair Housing Act of 1968 as amended, and contractor agrees to abide by the requirements of the Americans agrees to abide by the requirements of the Americans with Disabilities Act of 1990. with Disabilities Act of 1990.

Contractor agrees not to discriminate in its employment Contractor agrees not to discriminate in its employment practices, and will render services under this contract practices, and will render services under this contract without regard to race, color, religion, sex, sexual without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political orientation, national origin, veteran status, political affiliation, or disabilities.affiliation, or disabilities.

Any act of discrimination committed by Contractor, or failure Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when to comply with these statutory obligations when applicable shall be grounds for termination of this applicable shall be grounds for termination of this contract. contract.

12.12.

Any claim or controversy arising out of this contract Any claim or controversy arising out of this contract shall beshall be

resolved by the provisions of L.S.A. R.S. 39:1524-resolved by the provisions of L.S.A. R.S. 39:1524-1526.1526.

IN WITNESS WHEREOF, the parties have executed IN WITNESS WHEREOF, the parties have executed thisthis

Agreement as of this ____ day of _____________, 20___.Agreement as of this ____ day of _____________, 20___.

WITNESSES:WITNESSES: University of LA at University of LA at MonroeMonroe

________________________________________ ____________________________________________

____________________ ____________________ ____________________________________________ TitleTitle

____________________________________________ Contractor Name Contractor Name

________________________________________ ____________________________________________

____________________ ____________________ ____________________________________________ TitleTitle

Telephone: ____________Telephone: ____________

____/_____/_________/_____/_____

Ms. Susan H. Smith Ms. Susan H. Smith Division of Administration Division of Administration Office of Contractual Review Office of Contractual Review P. O. Box 94095 P. O. Box 94095 Capitol Annex _ Room 207 Capitol Annex _ Room 207 Baton Rouge, Louisiana 70804_9095 Baton Rouge, Louisiana 70804_9095

Dear Ms. Smith: Dear Ms. Smith:

In reference to the enclosed contract, we do certify the following: In reference to the enclosed contract, we do certify the following:

1.1. Either no employee of THE UNIVERSITY OF LOUISIANA AT MONROE is both Either no employee of THE UNIVERSITY OF LOUISIANA AT MONROE is both competent and available to perform the services called for by the proposed competent and available to perform the services called for by the proposed contract or the services called for are not the type readily susceptible of being contract or the services called for are not the type readily susceptible of being performed by persons who are employed by the state on a continuing basis;performed by persons who are employed by the state on a continuing basis;

2.2. The services are not available as a product of a prior or existing professional, The services are not available as a product of a prior or existing professional, personal, consulting, or social services contract; personal, consulting, or social services contract;

3.3. When applicable, the requirements for consulting or social services contracts, as When applicable, the requirements for consulting or social services contracts, as provided for under Louisiana Revised Statutes Title 39:1503, have been complied provided for under Louisiana Revised Statutes Title 39:1503, have been complied with. with.

4.4. The Department of The Department of has developed and fully intends to has developed and fully intends to implement a written plan providing for:implement a written plan providing for:

A.A. The assignment of The assignment of ___________________________________________________(person _(person contractor reports contractor reports to) to a monitoring and liaison function; andto) to a monitoring and liaison function; and

B.B. The periodic review of interim reports or other indicia of The periodic review of interim reports or other indicia of performance to date; and performance to date; and

C.C. The ultimate use of the final product of the services.The ultimate use of the final product of the services.

4.4. The Department of The Department of has developed and fully intends has developed and fully intends to implement a written plan providing for:to implement a written plan providing for:

A.A. The assignment of The assignment of ___________________________________________________(person contractor reports _(person contractor reports to) to a to) to a monitoring and liaison function; andmonitoring and liaison function; and

B.B. The periodic review of interim reports or other indicia of The periodic review of interim reports or other indicia of performance to date; and performance to date; and

C.C. The ultimate use of the final product of the services.The ultimate use of the final product of the services. 5.5. A cost-benefit analysis has been conducted which indicates that obtaining such A cost-benefit analysis has been conducted which indicates that obtaining such

services from the private sector is more cost-effective than providing such services from the private sector is more cost-effective than providing such services by the agency itself or by an agreement with another state agency and services by the agency itself or by an agreement with another state agency and includes both a short-term and long-term analysis and is available for review.includes both a short-term and long-term analysis and is available for review.

6.6. The cost basis for the proposed contract is justified and reasonable The cost basis for the proposed contract is justified and reasonable

7.7. A description of the A description of the specific goals and objectivesspecific goals and objectives, deliverables, performance , deliverables, performance measures and a plan for monitoring the services to be provided are contained in measures and a plan for monitoring the services to be provided are contained in the proposed contract or as an attachment to this letter. the proposed contract or as an attachment to this letter.

Sincerely, Sincerely,

____________________________________________________________________________________________________ TitleTitle

MONITORING PLAN FOR SERVICESMONITORING PLAN FOR SERVICESADDITION TO CONTRACT ADDITION TO CONTRACT

between The University of Louisiana at Monroe between The University of Louisiana at Monroe AND AND

__________________________________________________________________________ (Contractor) (Contractor)

1.1. __________________________________________________(Contractor) reports directly to (Contractor) reports directly to ________________________________________________________..

2.2. Services will be evaluated as follows:Services will be evaluated as follows:

a.a. ____________________________b.b. ____________________________, etc, etc

3.3. Results of the evaluations will be maintained by Results of the evaluations will be maintained by ____________________________________________________________________..

4.4. After termination of the contract an annual report summarizing the services and After termination of the contract an annual report summarizing the services and performance of performance of __________________________________________________________________________will be maintained by will be maintained by __________________________________________..

____________________________________________________________________SIGNATURESIGNATURE

____________________________________________________________________TITLETITLE

Date ____/____/_____Date ____/____/_____

Performance Evaluation: {This performance evaluation shall be submitted Performance Evaluation: {This performance evaluation shall be submitted to theto the

Purchasing Office of within 45 days after the completion of performance and Purchasing Office of within 45 days after the completion of performance and nono

contract may be entered into by any using agency with any contractor for contract may be entered into by any using agency with any contractor for which awhich a

delinquent final evaluation report remains outstanding.}delinquent final evaluation report remains outstanding.}

SOME OF THE SECTIONS REFER TO INFORMATION FOR CONTRACTS OVER SOME OF THE SECTIONS REFER TO INFORMATION FOR CONTRACTS OVER $20,000. $20,000.

FOR SMALLER CONTRACTS, THIS INFORMATION MAY NOT BE REQUIRED.FOR SMALLER CONTRACTS, THIS INFORMATION MAY NOT BE REQUIRED. By Agency Name: THE UNIVERSITY OF LOUISIANA AT MONROEBy Agency Name: THE UNIVERSITY OF LOUISIANA AT MONROEDepartment Name: Department Name: ______________________________________________________________________________________Agency Contract Number: (Contract over $20,000) Agency Contract Number: (Contract over $20,000) _________________ _________________ DOA Contract Number: (Contract over $20,000) DOA Contract Number: (Contract over $20,000) __________________________________Contractor Name: Contractor Name: ________________________________________________________________________________________Contract Amount: Contract Amount: ________________________________________________________________________________________Contract Cost Basis: Contract Cost Basis: ____________________________________________________________________________________Contract begin and end date: Begin Date Contract begin and end date: Begin Date / / / / End Date: End Date: __/__/____/__/__Actual begin and end date: Begin Date Actual begin and end date: Begin Date / / / / End Date: End Date: / / / / Contract Modifications (Addendum required): (If applicable)Contract Modifications (Addendum required): (If applicable) Number: Number: ________________________

Reason(s): Reason(s): ________________________Description of Services: Description of Services: ____________________________________________________________________________________________________________________________________________________________________________________________

(What were the services being provided?)(What were the services being provided?)Deliverable Products (if applicable): Deliverable Products (if applicable):

(What were final products?) (What were final products?) __________________________________________________________(Were they delivered on time?) (Were they delivered on time?) __________________________________________________________(Were they usable? If so, how? If not, why not?)(Were they usable? If so, how? If not, why not?)

Problems encountered: Problems encountered: __________________________________________________________Overall Performance: Overall Performance: __________________________________________________________

Weak points: Weak points: __________________________________________________________Strong points: Strong points: __________________________________________________________Would you hire this contractor again? YES Would you hire this contractor again? YES ________ NO NO ________

(Signature of Program Official responsible for monitoring and final(Signature of Program Official responsible for monitoring and finalacceptance) acceptance) ________________________________________________________________________________________

Questions?Questions?