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PURCHASING DEPARTMENT - University of Louisiana at Monroe

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The University of Louisiana at Monroe
PURCHASING DEPARTMENT
Contract Rules, Format, etc
L.S.A.-R.S.
39: Public Finance
October 22, 2008
CONTRACTS
пЃ¬
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.
пЃ¬ Artist, Entertainer, Musician, Photographers, etc.
Note: Consulting Services and/or Personal Services
> $50K, must be put out for bid.
CONTRACTS
http://www.ulm.edu/forms/
Must have:
пѓј Basic Contract
пѓј Goals and Objectives
пѓј Monitoring Plan
пѓј Certification Letter addr to Susan
Smith (DOA)
пѓј Evaluation (when contract
completed)
пѓј Obtain IRS Form W-9 for
Accounts Payable
Purchase Requisition IS required
AMOUNTS
пЃ¬
< $20,000 - Signed on Campus
пЃ¬
> $20,000 – Must be approved by OCR in Baton
Rouge (allow 4 to 6 weeks for OCR approval)
пЃ¬
< $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
OTHER
пЃ¬
NEPOTISM: CAN NOT contract with immediate
family member
пЃ¬
PRIOR EMPLOYEES: State law
State of Louisiana
Parish 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.
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 ______________.
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:
_______________.
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
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.
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.
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.
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___.
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.
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.
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___.
WITNESSES:
____________________
University of LA at Monroe
______________________
____________________
______________________
Title
______________________
Contractor Name
____________________
______________________
____________________
______________________
Title
Telephone: ____________
____/_____/_____
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:
1.
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;
2.
The services are not available as a product of a prior or existing professional, personal,
consulting, or social services contract;
3.
When applicable, the requirements for consulting or social services contracts, as provided for
under Louisiana Revised Statutes Title 39:1503, have been complied with.
4.
The Department of
written plan providing for:
has developed and fully intends to implement a
A.
The assignment of __________________________(person
reports to) to a monitoring and liaison function; and
B.
The periodic review of interim reports or other indicia of
C.
The ultimate use of the final product of the services.
contractor
performance to date; and
4.
The Department of
a written plan providing for:
has developed and fully intends to implement
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
C.
The ultimate use of the final product of the services.
performance to date; and
5.
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.
6.
The cost basis for the proposed contract is justified and reasonable
7.
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
MONITORING PLAN FOR SERVICES
ADDITION TO CONTRACT
between The University of Louisiana at Monroe
AND
_____________________________________ (Contractor)
1.
_________________________(Contractor) reports directly to
____________________________.
2.
Services will be evaluated as follows:
a.
b.
______________
______________, etc
3.
Results of the evaluations will be maintained by __________________________________.
4.
After termination of the contract an annual report summarizing the services and
performance of _____________________________________will be maintained by
_____________________.
__________________________________
SIGNATURE
__________________________________
TITLE
Date ____/____/_____
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) ____________________________________________
Questions?
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