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The University of Louisiana at Monroe PURCHASING DEPARTMENT Contract Rules, Format, etc

The University of Louisiana at Monroe PURCHASING DEPARTMENT Contract Rules, Format, etc L.S.A.-R.S. 39: Public Finance October 22, 2008. CONTRACTS. Types: Professional Services : ex – Accountant, Architect, Doctor., Engineer, etc.

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The University of Louisiana at Monroe PURCHASING DEPARTMENT Contract Rules, Format, etc

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  1. The University of Louisiana at Monroe PURCHASING DEPARTMENT Contract Rules, Format, etc L.S.A.-R.S. 39: Public Finance October 22, 2008

  2. CONTRACTS • Types: • Professional Services: ex – Accountant, Architect, Doctor., Engineer, etc. • Consulting Services: ex – Advertising, Consulting, Management, Public Relations, etc. • Personal Services: ex – skills based, creative, artistic. • Artist, Entertainer, Musician, Photographers, etc. Note: Consulting Services and/or Personal Services > $50K, must be put out for bid.

  3. CONTRACTS http://www.ulm.edu/forms/ Must have: Purchase Requisition IS required • Basic Contract • Goals and Objectives • Monitoring Plan • Certification Letter addr to Susan Smith (DOA) • Evaluation (when contract completed) • Obtain IRS Form W-9 for Accounts Payable

  4. AMOUNTS • < $20,000 - Signed on Campus • > $20,000 – Must be approved by OCR in Baton Rouge (allow 4 to 6 weeks for OCR approval) • <$50,000 on campus for Entertainment contract – is not sent to OCR for approval NOTE: Maximum $ amount MUST be stated, cannot give amount “Plus” expenses

  5. OTHER • NEPOTISM: CAN NOT contract with immediate family member • PRIOR EMPLOYEES: State law

  6. State of LouisianaParish of Ouachita Contract Be it known, that on this ___ day of , 20___, The University of Louisiana at Monroe’s department of (hereinafter "State") and (Contractor's name and legal address including zip-code) (hereinafter "Contractor") do hereby enter into contract under the following terms and conditions.

  7. 1. Contractor agrees to provide the following services: Contractor and State agree this contract is for any amount not exceeding a maximum of $20,000; therefore, the effective date shall be the date of signature by the parties. OR 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 granted by the State of Louisiana’s Office of Contractual Review. NOTE: delete one of the sentences above. One of them is NOT applicable 2. In consideration of the services described above, “State” Agrees to pay “Contractor” a maximum fee of $__________. Payment will be made only on approval of ______________.

  8. If progress and/or completion to the reasonable satisfaction of the State is obtained, payments are scheduled as follows: 1. XXXXXXX 2. XXXXXXX, etc 3. Contractor hereby agrees the responsibility for payment of taxes from the funds thus received under this Contract and/or legislative appropriation shall be the Contractor’s Obligation under the Federal tax identification number: _______________.

  9. 4. The State may terminate this Contract for cause based upon The failure of the Contractor to comply with the terms and/or conditions of the Contract, provided that the State shall give the Contractor written notice specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have either corrected such failure or, in the case which cannot be corrected in thirty (30) days, begun in good faith to correct such failure and thereafter proceeded diligently to complete such correction, then the State may, at its option, place the Contractor in default and the Contract shall terminate on the date specified in such notice. The Contractor may exercise any rights available to it under Louisiana law to terminate for cause

  10. upon the failure of the State to comply with the terms and conditions of this Contract; provided that the Contractor shall give the State written notice specifying the “State’s” failure and a reasonable opportunity for the State to cure the defect. 5. The State may terminate the Contract at any time by giving thirty (30) days written notice to the Contractor. The Contractor shall be entitled to payment for deliveries in Progress, to the extent work has been performed satisfactorily.

  11. 6. All records, reports, documents and other material delivered or transmitted to Contractor by State shall remain the property of State, and shall be returned by Contractor to State, at Contractor's expense, at termination or expiration of this contract. All records, reports, documents, or other material related to this contract and/or obtained or prepared by Contractor in connection with the performance of the services contracted for herein shall become the property of State, and shall, upon request, be returned by Contractor to State, at Contractor's expense, at termination or expiration of this contract.

  12. 7. The contractor shall not assign any interest in this contract and shall not transfer any interest in same (whether by assignment or novation), without prior written consent of the State, provided however, that claims for money due or to become due to the contractor from the State may be assigned to a bank, trust company, or other financial institution without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the State.

  13. 8. It is hereby agreed that the Legislative Auditor of the State of Louisiana, the Internal Auditor and/or the Office of the Governor, Division of Administration auditors shall have the option of auditing all accounts of contractor which relate to this contract. 9. This Contract shall begin on __________, 200___, and shall terminate on ________________, 200___.

  14. 10. The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient moneys to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or any means provided in the appropriations act to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient moneys for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.

  15. 11. The contractor agrees to abide by the requirements of the following as applicable: Title VI of the Civil Rights Act of 1964 and Title VII of the Civil Rights Act of 1964 and by the Equal Opportunity Act of 1972, Federal Executive Order 11246, as amended, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Re-adjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, the Fair Housing Act of 1968 as amended, and contractor agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Contractor agrees not to discriminate in its employment practices, and will render services under this contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Contractor, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this contract.

  16. 12. Any claim or controversy arising out of this contract shall be resolved by the provisions of L.S.A. R.S. 39:1524-1526. IN WITNESS WHEREOF, the parties have executed this Agreement as of this ____ day of _____________, 20___.

  17. WITNESSES: University of LA at Monroe ____________________ ______________________ ____________________ ______________________ Title ______________________ Contractor Name ____________________ ______________________ ____________________ ______________________ Title Telephone: ____________

  18. ____/_____/_____ Ms. Susan H. Smith Division of Administration Office of Contractual Review P. O. Box 94095 Capitol Annex _ Room 207 Baton Rouge, Louisiana 70804_9095 Dear Ms. Smith: In reference to the enclosed contract, we do certify the following: • Either no employee of THE UNIVERSITY OF LOUISIANA AT MONROE is both 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 performed by persons who are employed by the state on a continuing basis; • The services are not available as a product of a prior or existing professional, personal, consulting, or social services contract; • When applicable, the requirements for consulting or social services contracts, as provided for under Louisiana Revised Statutes Title 39:1503, have been complied with. • The Department of has developed and fully intends to implement a written plan providing for: A. The assignment of __________________________(person contractor reports to) to a monitoring and liaison function; and B. The periodic review of interim reports or other indicia of performance to date; and C. The ultimate use of the final product of the services.

  19. The Department of has developed and fully intends to implement a written plan providing for: A. The assignment of __________________________(person contractor reports to) to a monitoring and liaison function; and B. The periodic review of interim reports or other indicia of performance to date; and C. The ultimate use of the final product of the services. • 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 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. • The cost basis for the proposed contract is justified and reasonable • A description of the specific goals and objectives, deliverables, performance measures and a plan for monitoring the services to be provided are contained in the proposed contract or as an attachment to this letter. Sincerely, _________________________ _________________________ Title

  20. MONITORING PLAN FOR SERVICES ADDITION TO CONTRACT between The University of Louisiana at Monroe AND _____________________________________ (Contractor) • _________________________(Contractor) reports directly to ____________________________. • Services will be evaluated as follows: a. ______________ b. ______________, etc • Results of the evaluations will be maintained by __________________________________. • After termination of the contract an annual report summarizing the services and performance of _____________________________________will be maintained by _____________________. __________________________________ SIGNATURE __________________________________ TITLE Date ____/____/_____

  21. Performance Evaluation: {This performance evaluation shall be submitted to the Purchasing Office of within 45 days after the completion of performance and no contract may be entered into by any using agency with any contractor for which a delinquent final evaluation report remains outstanding.} SOME OF THE SECTIONS REFER TO INFORMATION FOR CONTRACTS OVER $20,000. FOR SMALLER CONTRACTS, THIS INFORMATION MAY NOT BE REQUIRED. By Agency Name: THE UNIVERSITY OF LOUISIANA AT MONROE Department Name: ___________________________________________ Agency Contract Number: (Contract over $20,000) _________________ DOA Contract Number: (Contract over $20,000) _________________ Contractor Name: ____________________________________________ Contract Amount: ____________________________________________ Contract Cost Basis: __________________________________________ Contract begin and end date: Begin Date / / End Date: __/__/__ Actual begin and end date: Begin Date / / End Date: / / Contract Modifications (Addendum required): (If applicable) Number: ____________ Reason(s): ____________ Description of Services: _____________________________________ _________________________________________________________ (What were the services being provided?) Deliverable Products (if applicable): (What were final products?) _____________________________ (Were they delivered on time?) _____________________________ (Were they usable? If so, how? If not, why not?) Problems encountered: _____________________________ Overall Performance: _____________________________ Weak points: _____________________________ Strong points: _____________________________ Would you hire this contractor again? YES ____ NO ____ (Signature of Program Official responsible for monitoring and final acceptance) ____________________________________________

  22. Questions?

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