50013-BTB3011.pdf

INVITATION FOR BID

BID NAME AND NUMBER:

EXCESS BARTENDING SERVICES FOR THE UNO ARENA,

BTB3011

BID OPENING TIME AND DATE:

OCTOBER 19, 2026 at 2:00 p.m.

BUYER:

Troy A Bacino tabacino@lsuneworleans.edu

RETURN ALL BIDS TO THE FOLLOWING ADDRESS:

Purchasing Office

Administration Annex 1004G University of New Orleans

2000 Lakeshore Drive New Orleans, Louisiana 70148

Phone: (504) 280-6171

General Instructions to Bidders

1 Invitation to Bid

Bids for the following items and/or services specified are hereby solicited, and will be received by the Purchasing Office until the stated bid opening time and date and then publicly opened.

2 Authority to Sign

Bids must be signed by a person authorized to bind the vendor. In accordance with R. S. 39:1594(C)(4), the person signing the bid must be: 1) A current corporate officer, partnership member or other individual specifically authorized to submit bids as evidenced in appropriate records on file with the secretary of State; or 2) An individual authorized to bind the vendor, as evidenced by a corporate resolution, certificate, or affidavit; or 3) other documents indicating authority which are acceptable to the University.

3 Read Solicitation Read the entire solicitation, including all terms, conditions, and specifications.

4 Corrections

All bids should be returned on the forms furnished and must be typed or written in ink. Any corrections or erasures must be initialed by the bidder.

5 Delivery of Bids Bids may be submitted in person or by mail. The mailing address, fax number, and e-mail address are listed on the cover sheet. Bids delivered in person or by mail should be placed in a sealed envelope and marked with the bid name and number, the bid opening time and date, and the name and address of the bidder. The same information should be affixed to any additional materials sent as a part of the bid submission.

6 Bid Alterations Alterations to bids will be accepted provided both the bid and alterations have been received in the Purchasing Office prior to bid opening time and date.

7 Late Bids Late bids will not be accepted and will be returned unopened. Each bidder is solely responsible for the timely delivery of its bid. The University will not be responsible for any delay in the delivery of bids.

8 Delivery/Freight Charges Bid prices will include all delivery/freight charges paid by the vendor, F.O.B., LSU

NEW ORLEANS, inside delivery, New Orleans, La, unless otherwise stated in the specifications. Any invoiced delivery charges not quoted and itemized on the LSU New Orleans purchase order are subject to rejection and non-payment.

9 Taxes

Vendor is responsible for including all applicable taxes in the bid price. LSU New Orleans is exempt from all Louisiana state and local sales and use taxes. By accepting an award, all firms acknowledge their responsibility for the payment of all taxes duly assessed by the State of Louisiana and its political subdivisions for which they are liable.

10 Payment

Assuming there is no prompt payment discount provision, payment will be made within thirty (30) days from receipt of products in satisfactory condition, or within thirty (30) days from date of invoice, whichever is later. Delinquent payment penalties are governed by L.R.S. 39:1695. Vendor penalties to the contrary shall be null and void, shall have no legal force, and shall not be recognized by the University in any dispute.

11 Acceptance

Only the issue of a purchase order or a signed acceptance of a proposal constitutes acceptance on the part of the University.

Bid Signature

By signing this bid, the bidder certifies compliance with all general instructions to bidders, terms, conditions, and specifications, and further certifies that this bid is made without collusion or fraud.

Bidder (Company Name) Mailing Address

Authorized Signature City, State, Zip Code

Printed Name Phone Number

Title Fax Number

E-Mail Address Federal Tax ID #

Standard Terms and Conditions

These standard terms and conditions apply to all LSU New Orlenas solicitations, unless otherwise specifically amended and provided for in the special terms and conditions, specifications, or other solicitation documents. In the event of a conflict between the General Instructions to Bidders or Standard Terms & Conditions and the Special Terms & Conditions, the Special Terms & Conditions shall govern.

Auditors

Bidders agrees that the Legislative Auditor of the State of Louisiana and/or the Office of the Governor, Division of Administration auditors and/or the University’s auditors will have the option of auditing all accounts of the Bidder which relate to this purchase.

Award Award will be made to the lowest responsible and responsive bidder. The University reserves the right to award the items, separately, grouped, or on an all-or-none basis, and to reject any or all bids and to waive any informalities including technicalities in specifications that would preclude competition.

All solicitation specifications, terms, and conditions will be made part of any subsequent award as if fully reproduced and included therein, unless specifically amended in the formal contract.

Bidder Inquiries If a bidder is in doubt as to the meaning of any part of a solicitation, bidder may submit a written request for interpretation to the Buyer of Record. Requests must be received in the Purchasing Office no later than October 9, 2026 prior to the opening of bids. Any interpretation of the documents will be made by Addendum only, issued by the Purchasing Office, and a copy of such Addendum will be sent to all known bidders. The University will not be responsible for any other explanation of the documents. Addenda if any will be issued October 14, 2026.

Contrary Terms and Conditions Submittal of any terms and conditions contrary to those contained within this solicitation may cause your bid to be rejected. By signing this bid, vendor agrees that any terms and conditions which may be included in their bid are nullified.

Equal Employment Opportunity Compliance By submitting and signing this bid, vendor agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Executive Order 11246, Rehabilitation Act of 1973, as amended; the Vietnam Era Veteran’s Readjustment

Assistance Act of 1974; Title IX of the Education Amendments of 1972; the Age Act of 1975; the Americans with Disabilities Act of 1990. Vendor agrees not to discriminate, and to render services without regard to race, color, religion, sex, age, national origin, veteran status, political affiliation, handicap, disability, or other non-merit factor. Failure to comply shall be grounds for termination of any contract entered into as a result of this solicitation.

Equivalency Any manufacturer’s names, trade names, brand names, or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for any brand that meets or exceeds the quality of the specifications listed for any item. Bidder must state the brand/model he or she is bidding on each item. Bids not specifying brand and model number will be considered as offering the exact product specified in the solicitation.

It will be the sole responsibility of the Bidder to prove equivalency. Bidder will submit with the bid all illustrations, descriptive literature, and specifications necessary to determine equivalency. Failure to do so may eliminate the bid from consideration. The decision of the University as to equivalency will be final.

Governing Law This purchase shall be construed in accordance with and governed by the laws of the State of Louisiana.

Louisiana Preference

A preference will be given to materials, supplies, and provision produced, manufactured, assembled, grown, or harvested in Louisiana, quality being equal to articles offered by competitors outside of the state. However, it will be the bidder’s sole responsibility to indicate on his bid response which items were (or would be) produced, manufactured, assembled, grown, or harvested in Louisiana. Bidder must be able to provide satisfactory evidence to support preference claim if requested by the University. The enclosed Louisiana Preferences must be returned as a part of this bid.

Legislators Prohibited

According to LAS-R.S. 42:113(D)) the University is prohibited from entering into any contract or subcontract with a legislator or person who has been certified by the Secretary of State as elected to the Legislature or spouse of a legislator, or any corporation, partnership, or other legal entity in which the Legislator or his/her spouse owns an interest, except publicly traded corporations. Each bidder must return the enclosed Disclosure Form as a part of his bid.

New Products All products are to be new, current model, and of best quality as measured by accepted standards of the trade. No remanufactured, demonstrator, used, or irregular products will be considered for purchase unless otherwise specified.

Warranty

The manufacturer’s standard published warranty and provision will apply, unless more stringent warranties are otherwise required by LSU New Orleans and specified in the solicitation. In such cases, the bidder and/or manufacturer will honor the specified warranty requirements, and bid prices will include any premium costs of such coverage.

DISCLOSURE FORM

EACH BIDDER IS TO DISCLOSE THE FOLLOWING INFORMATION BY ANSWERING YES

OR NO TO THE FOLLOWING QUESTIONS:

1. Is the bidder a legislator or person who has been certified by the Secretary of

State as elected to the Legislature?

2. Is the bidder a spouse of a legislator?

3. If the bidder is a corporation, partnership, or other legal entity, does a legislator or his spouse own any interest in that corporation, partnership or other legal entity?

4. If the bidder is a corporation, is it a publicly traded corporation?

LOUISIANA PREFERENCES

FAILURE TO SPECIFY BELOW INFORMATION WILL CAUSE ELIMINATION FROM

PREFERENCE.

Preferences shall not apply to service contracts.

In accordance with the Louisiana Revised Statutes 39:1595, a preference of 10% may be allowed for products produced, manufactured, grown or assembled in

Louisiana of equal quality.

Do you claim this preference? YES __________ NO __________

Specify Item Numbers:

Specify location within Louisiana where this product is produced, manufactured, grown or assembled:

Do you have a Louisiana Business workforce? YES ______ NO _______

If so do you certify that at least fifty percent (50%) of your Louisiana business workforce is comprised of Louisiana residents?

YES_______ NO _______

SCOPE OF WORK

Scope of Work:

LSU New Orleans is seeking to partner with a 501 (c) 7 not-for-profit organization which has been determined to be a social and recreational club, tax-exempt organization pursuant to the Internal Revenue Code for the provision of staffing to operate concessions at the LSU New Orleans

Lakefront Arena. Concessions will consist of both general concessions as well as beer and liquor concessions.

Agreement Period:

The initial agreement period shall be from date of award through June 30, 2027. At the option of the University and acceptance by the contractor, this contract may be extended for four additional twelve (12) month periods at the same prices, terms, and conditions.

Renewals will be from July 1st through June 30th of the remaining contract years. Contract shall not exceed four (4) renewal periods.

Sale of Concessions:

The LSU New Orleans will grant Group the right to sell concessions and other products as identified by the University from time to time during events at the LSU New Orleans Lakefront Arena. The University shall determine the schedule for which Group shall provide concessions sales and/or services to the Arena. All services by the Group shall be performed in the concessions area(s) designated by the University, unless otherwise determined by the University.

Group Manager

Group will designate one (1) volunteer as a Group Manager. The Group Manager shall be responsible for overseeing all services to be provided pursuant to this Agreement, including but not limited to (a) organizing the necessary volunteers for each event, (b) relaying communications between

Group volunteers and Arena, (c) enforcing Arena policies, (d) ensuring each volunteer signs the sign-in sheet prior to each event, (e) ensuring the concessions stand is clean and prepared prior to each event, (f) counting inventory with Arena personal prior to and after each event, and (g) ensuring the concessions stand is clean and secured after each event. The

Group Manager will be required to be present at all Arena and UNO events at which Group provides services.

Concessions

Arena shall supply Group will all products to be sold to patrons at Arena and University events. At the beginning of each event, the Group Manager will count inventory and verify the inventory count with an Arena supervisor. It is the Group’s responsibility to monitor and supervise all inventory while the event is in session. At the end of the event, the Group Manager shall count the inventory, complete the stand sheet, and an Arena Supervisor will verify after event or next business day.

Volunteers The Group shall use volunteers to sell products at the Lakefront Arena according to the schedule set by the Arena. Arena personnel will provide reasonable training to the volunteers, and all required to work for each event scheduled. The volunteers will have their stations assigned by the Arena Manager based on need. These positions include, but are not limited to, bartender, cashier, food prep/server, and bar back/runner. All volunteers must be eighteen (18) years of age unless otherwise approved by Arena personnel.

Arena personnel will specify a time at which all volunteers must be present prior to each event. If at any time it becomes necessary for Arena personnel to help Group work the concessions stand(s) because the Group did not provide the required number of volunteers, the Arena shall deduct from the Group’s earnings an amount equivalent to the Arena personnel’s hourly wages while assisting the Group. The Group represents and warrants that all services to be performed by the volunteers shall be performed in a courteous and efficient manner.

Volunteer Status Prior to each event, Group shall have each volunteer who will perform services for the Group at the event sign a copy of the acknowledgement and release form, a copy of which is enclosed as Exhibit A, prior to performing any services. The form shall confirm that each volunteer is performing services and providing time and effort for the benefit of the Group and does not desire or expect any compensation for any services performed. The

Group Manager shall ensure that a copy of the release and acknowledge form, signed by each volunteer, is given to Arena personnel prior to each event.

Alcohol All volunteers must have a Responsible Vendor Card. It is the responsibility of each volunteer to get the card before working and provide a copy to the Group Manager.

The Group Manager is responsible for suppling the Arena Manager with these copies.

Uniforms All volunteers must wear uniforms while performing services for the Arena. Lakefront Arena attire is defined as black pants, black socks, solid black shoes, and black collared shirt, unless otherwise specified by Arena Supervisor. Exact uniforms will be discussed and agreed upon prior to the event. Do not wear a black shirt.

Parking

Employees may park in the designated parking section towards the arrear of the Arena and can be directed to such or an alternate location upon arrival.

Parking will be at no cost to the participants.

Cash Handling Procedures

All participants will follow the cash handling procedures specified by the Arena. Please note that all cash shortages will be deducted from the Group’s final commission and all overages will be kept by the Arena with no exceptions.

Payment for Services

The maximum amount the Arena is willing to pay Group will be 6% of gross sales on alcohol and 10% for concessions sold. Each bidder will fill in below exactly what percentage its Group is willing to accept as payment. Groups will be ranked from lowest to highest percentage.

State Payment Percentage on Alcohol Here:____________________

State Payment Percentage on Concession Here:_________________

Group shall provide Arena with the Group’s Federal Tax Identification Number before any payment will be made. Payment shall be made by every

10th of the month following the event. The Arena will guarantee a minimum payment of $100.00 per Group per event.

Award:

Assignments will be awarded as follows:

The University will award three contracts. Groups will be contacted for events starting with the lowest percentage being considered first.

Deficient Services In the event Arena determines, in its sole discretion, that there is a deficiency in the services performed by the Group, Arena shall notify Group of such deficiencies and Group shall promptly take steps to correct such deficiency.

Signs and Decorations

Group will neither post nor erect any decorations, signs, advertisements, or posters of any kind or description without prior written approval from the

University.

Assignment This Agreement may not be assigned by Group without the prior written consent of the LSU New Orleans.

Termination for Cause

Arena may terminate this Agreement immediately if:

A) Group breaches any terms of this Agreement

B) There exists any material deficiency in Group’s services which remains unremedied after notice by Arena is given to Group of the deficiency

C) Group refuses to staff the concession stand for one (1) event D) Any other situation which, in the sole discretion of the Arena, makes continuation of this Agreement detrimental to the interest of the Arena

Termination for Convenience The Arena may terminate the contract at any time by giving thirty (30) days written notice to the Group of such termination.

The Contractor shall be entitled to payment for services already rendered.

Termination for Non-Appropriation of Funds

The continuance of the Agreement is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the agreement, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act or

Title 39 of the Louisiana Revised Statutes of 1950 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 monies for the continuation of the Agreement, the Agreement shall terminate on the date of the beginning of the first fiscal year for which funds are not appropriated.

Compliance with Laws

Group will comply with all applicable Arena, University, Local, State, and

Federal laws and regulations. Group shall indemnify and hold harmless

Arena from any and all liability or claims arising from a violation of any Federal, State, or Local laws and/or regulations by Group or Group’s volunteers in the performance of the services under this Agreement.

Insurance

Prior to any operations being performed, unless Group is associated with another public or quasi-public entity, Group shall procure and file with Arena a copy of its certificate of general liability insurance with minimum coverage of $500,000.00. Group must provide Adult Group Accident Medical Insurance in lieu of employer provided Workers’ Compensation Insurance with coverage reflecting what is required by State law of for profit organizations.

Such certificates shall name the LSU New Orleans and LSU New Orleans Lakefront Arena as additional insured. Certificates of Insurance will be sent to Stephanie Craig, Business Manager, Lakefront Arena.

Indemnification

Group agrees to indemnify and hold harmless LSU New Orleans Lakefront Arena and LSU New Orleans from and against any and all losses, damages, claims, or expenses including reasonable attorney’s fees and costs, arising out of any acts or omissions of Group.

Release

Group releases and discharges LSU New Orleans Lakefront Arena and LSU New Orleans from any claims, liabilities, damages, and expenses, including bodily injury or death, arising out of or in connection with this Agreement.

Applicable Law This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Louisiana.

Miscellaneous

This Agreement constitutes the entire understand and agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior negotiations, understandings, and agreements, whether written or oral, with respect thereto. This Agreement may not be amended or modified, nor may any of its provision be waived, except by a writing executed by both of the parties hereto, or, in the case of a waiver, by the party waiving compliance. If any portion of this Agreement shall be determined to be invalid or unenforceable, the remainder shall be valid and enforceable to the maximum extent permissible by law.

Special Terms and Conditions

1. At the option of the University and acceptance by the contractor, this contract may be extended for four additional twelve (12) month periods at the same prices, terms, and conditions. The initial contract period will be from date of award through October 31th of the initial contract year.

Renewals will be from November 1st through October 31th of the remaining contract years. Contract shall not exceed sixty (60) months.

2. Discounts for less than 1% and for less than thirty (30) days will not be considered in making awards.

3. It shall be specifically agreed and understood that the Bidders may attend the Bid opening. They shall, whenever any award is considered, furnish specific samples for examination upon request by the University. It shall also be specifically agreed and understood that the decision of the University shall be final.

4. Award to be made on an all-or-none basis.

5. Fiscal Funding: The continuation of any agreement entered into as a result of this bid past the current fiscal year is contingent upon the appropriation of funds to fulfill the requirements of the contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by 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 monies 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.

Vendor compliance with the attached insurance requirements is mandatory, and evidence of such compliance must be submitted before work can commence.

Exhibit A

Volunteer Sign-In Sheet

Acknowledgment and Release Form

(Fill in Event Name)

On

____/____/20__

(Fill in Date)

By signing below, I acknowledge and agree that:

1. I am familiar with the terms of the Volunteer Services Agreement entered into by and between said Group and the LSU New Orleans Lakefront Arena and I am volunteering my time and efforts to Group pursuant to the Volunteer Services

Agreement by providing concessions stand sales services at the LSU New Orleans

Lakefront Arena for the event and as of the date indicated above. I do not wish or expect, and shall not demand, any compensation for my services from the Group, LSU New Orleans Lakefront Arena, the LSU New Orleans, or any other organization, for providing my services since I wish to donate my services to the Group for free.

2. I shall abide by all of the terms and conditions of the Volunteer Services Agreement.

3. I hereby release and discharge LSU New Orleans Lakefront Arena and LSU New

Orleans from any claims, liabilities, damages, and expenses, including bodily injury or death, arising out of or in connection with my volunteer services and activities of

UNO Lakefront Arena, pursuant to the Volunteer Services Agreement.

Group Manager

INSURANCE REQUIREMENTS FOR CONTRACTORS

The Contractor shall purchase and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

A. MINIMUM SCOPE AND LIMITS OF INSURANCE

1. Workers Compensation Workers Compensation insurance shall be in compliance with the Workers Compensation law of the State of the Contractor’s headquarters. Employers Liability is included with a minimum limit of $1,000,000 per accident/per disease/per employee. If work is to be performed over water and involves maritime exposure, applicable LHWCA, Jones Act, or other maritime law coverage shall be included. A.M. Best's insurance company rating requirement may be waived for workers compensation coverage only.

2. Commercial General Liability

Commercial General Liability insurance, including Personal and Advertising Injury Liability and Products and Completed Operations, shall have a minimum limit per occurrence of $1,000,000 and a minimum general annual aggregate of $2,000,000. The Insurance Services Office (ISO) Commercial General Liability occurrence coverage form CG 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. Claims-made form is unacceptable.

3. Automobile Liability

Automobile Liability Insurance shall have a minimum combined single limit per accident of $1,000,000. ISO form number CA 00 01 (current form approved for use in Louisiana), or equivalent, is to be used in the policy. This insurance shall include third-party bodily injury and property damage liability for owned, hired and non-owned automobiles.

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS

Any deductibles or self-insured retentions must be declared to and accepted by the Agency. The Contractor shall be responsible for all deductibles and self-insured retentions.

C. OTHER INSURANCE PROVISIONS

The policies are to contain, or be endorsed to contain, the following provisions:

1. Commercial General Liability and Automobile Liability Coverages

a. The Agency, its officers, agents, employees and volunteers shall be named as an additional insured as regards negligence by the contractor. ISO Forms CG 20 10 (for ongoing work) AND CG 20 37 (for completed work) (current forms approved for use in Louisiana), or equivalents, are to be used when applicable. The coverage shall contain no special limitations on the scope of protection afforded to the Agency.

b. The Contractor’s insurance shall be primary as respects the Agency, its officers, agents, employees and volunteers for any and all losses that occur under the contract. Any insurance or self-insurance maintained by the Agency shall be excess and non-contributory of the Contractor’s insurance.

2. Workers Compensation and Employers Liability Coverage

To the fullest extent allowed by law, the insurer shall agree to waive all rights of subrogation against the Agency, its officers, agents, employees and volunteers for losses arising from work performed by the Contractor for the Agency.

3. All Coverages

a. All policies must be endorsed to require 30 days written notice of cancellation to the Agency.

Ten-day written notice of cancellation is acceptable for non-payment of premium. Notifications shall comply with the standard cancellation provisions in the Contractor’s policy. In addition, Contractor is required to notify Agency of policy cancellations or reductions in limits.

b. The acceptance of the completed work, payment, failure of the Agency to require proof of compliance, or Agency’s acceptance of a non-compliant certificate of insurance shall not release the Contractor from the obligations of the insurance requirements or indemnification agreement.

c. The insurance companies issuing the policies shall have no recourse against the Agency for payment of premiums or for assessments under any form of the policies.

d. Any failure of the Contractor to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its officers, agents, employees and volunteers.

D. ACCEPTABILITY OF INSURERS

1. All required insurance shall be provided by a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located. Insurance shall be placed with insurers with an A.M. Best's rating of A-:VI or higher. This rating requirement may be waived for workers compensation coverage only.

2. If at any time an insurer issuing any such policy does not meet the minimum A.M. Best rating, the

Contractor shall obtain a policy with an insurer that meets the A.M. Best rating and shall submit another Certificate of Insurance within 30 days.

E. VERIFICATION OF COVERAGE

1. Contractor shall furnish the Agency with Certificates of Insurance reflecting proof of required coverage. The Certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates are to be received and approved by the Agency before work commences and upon any contract renewal or insurance policy renewal thereafter.

2. The Certificate Holder Shall be listed as follows:

State of Louisiana LSU New Orleans, Its Officers, Agents, Employees and Volunteers 2000 Lakeshore Drive, New Orleans, LA 70148 Contract #:

3. In addition to the Certificates, Contractor shall submit the declarations page and the cancellation provision for each insurance policy. The Agency reserves the right to request complete certified copies of all required insurance policies at any time.

4. Upon failure of the Contractor to furnish, deliver and maintain required insurance, this contract, at the election of the Agency, may be suspended, discontinued or terminated. Failure of the Contractor to purchase and/or maintain any required insurance shall not relieve the Contractor from any liability or indemnification under the contract.

F. SUBCONTRACTORS

Contractor shall include all subcontractors as insureds under its policies OR shall be responsible for verifying and maintaining the Certificates provided by each subcontractor. Subcontractors shall be subject to all of the requirements stated herein. The Agency reserves the right to request copies of subcontractor’s Certificates at any time.

G. WORKERS COMPENSATION INDEMNITY

In the event Contractor is not required to provide or elects not to provide workers compensation coverage, the parties hereby agree that Contractor, its owners, agents and employees will have no cause of action against, and will not assert a claim against, the State of Louisiana, its departments, agencies, agents and employees as an employer, whether pursuant to the Louisiana Workers Compensation Act or otherwise, under any circumstance. The parties also hereby agree that the State of Louisiana, its departments, agencies, agents and employees shall in no circumstance be, or considered as, the employer or statutory employer of Contractor, its owners, agents and employees.

The parties further agree that Contractor is a wholly independent contractor and is exclusively responsible for its employees, owners, and agents. Contractor hereby agrees to protect, defend, indemnify and hold the State of Louisiana, its departments, agencies, agents and employees harmless from any such assertion or claim that may arise from the performance of this contract.

H. INDEMNIFICATION/HOLD HARMLESS AGREEMENT

1. Contractor agrees to protect, defend, indemnify, save, and hold harmless, LSU New Orleans, its officers, agents, servants, employees, and volunteers, from and against any and all claims, damages, expenses, and liability arising out of injury or death to any person or the damage, loss or destruction of any property which may occur, or in any way grow out of, any act or omission of Contractor, its agents, servants, and employees, or any and all costs, expenses and/or attorney fees incurred by Contractor as a result of any claims, demands, suits or causes of action, except those claims, demands, suits, or causes of action arising out of the negligence of the University of New Orleans, its officers, agents, servants, employees and volunteers.

2. Contractor agrees to investigate, handle, respond to, provide defense for and defend any such claims, demands, suits, or causes of action at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims, demands, suits, or causes of action are groundless, false or fraudulent. LSU New Orleans may, but is not required to, consult with the Contractor in the defense of claims, but this shall not affect the Contractor’s responsibility for the handling of and expenses for all claims.

INDEMNIFICATION AGREEMENT

The _____________________________{Contractor/Lessee} agrees to protect, defend, indemnify, save, and hold harmless, the University of New Orleans, its officers, agents, servants, employees, and volunteers, from and against any and all claims, damages, expenses, and liability arising out of injury or death to any person or the damage, loss or destruction of any property which may occur, or in any way grow out of, any act or omission of _____________________________{Contractor/Lessee}, its agents, servants, and employees, or any and all costs, expenses and/or attorney fees incurred by

___________________________ {Contractor/Lessee} as a result of any claims, demands, suits or causes of action, except those claims, demands, suits, or causes of action arising out of the negligence of the

University of New Orleans, its officers, agents, servants, employees and volunteers.

_________________________{Contractor/Lessee} agrees to investigate, handle, respond to, provide defense for and defend any such claims, demands, suits, or causes of action at its sole expense and agrees to bear all other costs and expenses related thereto, even if the claims, demands, suits, or causes of action are groundless, false or fraudulent. LSU New Orleans may, but is not required to, consult with the

Contractor in the defense of claims, but this shall not affect the Contractor’s responsibility for the handling of and expenses for all claims.

Accepted by ______________________________________________ Company Name

Signature

Title

Date Accepted ____________________________________________

Is Certificate of Insurance Attached? ______Yes ______No

Contract No. ________________________ for LSU New Orleans

PURPOSE OF

CONTRACT:______________________________________________________________________