BGR believes that units of local government can take one simple step to improve their legal services contracting procedures: use formal, written, standard form contracts

Appendix B
Written Contracts

BGR believes that units of local government can take one simple step to improve their legal services contracting procedures: use formal, written, standard form contracts. Good examples of "boilerplate" language for consideration by local government policymakers are forms used by the State of Louisiana (hyperlink) and the City of New Orleans (hyperlink). Sample state contracts (and other types of forms) are available through the state Office of Contractual Review's website http://www.doa.state.la.us/ocr/ocr.htm. Click here for the City of New Orleans’ contract procedures. (hyperlinks) Contract elements to consider include:

Qualifications of legal services contractor

licensed to practice

professional insurance

written statement of qualifications and experience

Scope of services

services to be performed by contractor

services to be provided by contracting government entity

Coordination

government agency's specific representative to work with contractor

contractor's lead representative to work with government

lead representative for co-counsel or joint ventures

Compensation

maximum amount

hourly rates or other compensation

expenses

Contract duration

term

cancellation
extension

Reporting requirements

Billing practices

submission of bills, format, time increments etc.

expenses, travel, expert witnesses, etc.

Status as independent contractor

Assignment of interest in contract

Sub-contracting

Conflict of interest

General public policy issues

non-discrimination

payment of taxes and license fees

compliance with other federal, state, and local laws and policies

Other provisions

right to audit or review contractor's records

jurisdiction in case of disputes

disclosure of political contributions or loans to local officials