AP 6370 Independent Contractor Services

Transcription

1 AP 6370 Independent Cntractr Services References: Gvernment Cde Sectin 53060, Educatin Cde Sectin An individual must meet specific criteria, as determined by District t be apprpriate t meet varius state and federal guidelines, t be qualified as an independent cntractr. District emplyees, including adjunct, adult hurly and cllege assistants, cannt be cntracted as an independent cntractr. The fllwing prcedures presume that the Initiatr: (1) has sufficient budget dllars available fr such prcurement f services. (2) has Departmental/Administratr apprval, as applicable, t prcure the services being requested. (3) has verified that the individual has the apprpriate permits and/r licenses as required by all applicable regulatry agencies t perfrm the services utlined in the independent cntractr agreement. (4) has verified that the individual has the apprpriate experience and/r qualificatins required by the independent cntractr agreement(5) has prvided a detailed (Exhibit A) see example belw, defining the scpe f wrk and summarizing the qualificatins f the independent cntractr. All staff and faculty recmmending prcurement f independent cntractr services must cmplete the fllwing steps and frms befre an individual may becme an apprved independent cntractr and be eligible fr payment fr services rendered. The term independent cntractr cmmnly is used fr IRS purpses. The services f an independent cntractr generally are f a limited r temprary nature. IRS Criteria t Establish Status Wrksheet t Determine Independent Cntractr vs. Emplyee frm (sample fllws): Answer questins 1-5. If ANY respnse is Yes, this individual s status shuld be emplyee. Cntact the Human Resurces Department. If ALL respnses are N, cntinue with Part 2. Answer questins Answering Yes t the majrity f these questins shuld represent substantial cmpliance with the fllwing cnditins: T be an independent cntractr, substantial cnfrmance with the fllwing cnditins must exist: * The independent cntractr cntrls the way wrk is perfrmed. * The independent cntractr sets his/her wn hurs.

2 * The independent cntractr is nt restricted frm taking jbs frm ther businesses while wrking fr the District. * N District emplyees have duties similar t the independent cntractr. * The District des nt prvide assistants t the independent cntractr. * The duratin f emplyment is fr a specific jb, nt fr a specified perid f time. * The District des nt furnish tls, training r equipment t the independent cntractr. Independent cntractr shuld be able t perfrm services withut the District s facilities, e.g., equipment, ffice furniture, machinery. * The Independent cntractr s investment in his/her trade must be real, essential and adequate. * The Independent cntractr has emplyer identificatin number with the Internal Revenue Service and, if applicable, the Califrnia Emplyment Develpment Department fr reprting emplyer payrll taxes and emplyee wages. * Independent cntractr is hired t prvide a result and usually has the right t hire thers t d the actual wrk. * Independent cntractr is hired fr the final result and, therefre, shuld nt be asked fr prgress r interim reprts. * Independent cntractr is generally respnsible fr his/her incidental expenses. * Independent cntractr shuld be able t make a prfit r a lss. Five circumstances shw that a prfit r lss is pssible: (1) Independent cntractr hires and pays assistants; (2) Independent cntractr has his/her wn ffice, equipment, material r facilities; (3) Independent cntractr has cntinuing and reccurring liabilities; (4) Independent cntractr has agreed t perfrm specific jbs fr prices agreed upn in advance; (5) Independent cntractr s services affect his/her wn business reputatin. Initiatr and Administratr must sign and date wrksheet certifying the individual qualifies as an independent cntractr. Independent Cntractr-Guide t Using Service Frm (sample fllws Reverse Side f Wrksheet abve) After an individual qualifies t prvide services as an independent cntractr, fllw the steps described n Independent Cntractr-Guide t Using Services which can be fund n the reverse side f the Wrksheet t Determine Independent Cntractr vs. Emplyee frm. Fr services f $10,000 r less, cntracts are nt individually submitted t the Bard as the Bard has authrized prcessing and implementatin f such cntracts which will be ratified by the Bard by way f the Purchase Order t pay fr expenditure. Agreements signed by independent cntractr must be submitted t Cntract, Prcurement and Risk Management Services (CPRM). Fr services f mre than $10,000, every effrt shuld be made t btain Bard apprval prir t implementatin f cntracted services. Cntracts f mre than $10,000 must be individually submitted t the Bard fr apprval. NOTE: Payment

3 fr services ver $10,000 cannt be made until Cntract/Agreement has been Bard apprved and wrk is cmpleted. District has tw categries f independent cntractr, Basic service and prfessinal service: Basic Services Basic services f an independent cntractr are services f a shrt term, temprary nature, where the services can be easily delineated in the standard bilerplate Agreement available frm CPRM. With Basic services, the deliverables r utcmes t be prvided are nt cmplex. Examples f Basic services wuld be an entertainer r fd server at an event, a musician r lecturer used in a class/event setting, a prfessinal develpment wrkshp facilitatr, cmmunity extensin wrkshp instructr, etc. Basic Services are generally under $10,000. Prfessinal Services Prfessinal services f an independent cntractr are services which are cmplex in nature, where the deliverables r utcmes require a high level f prfessinal expertise. With prfessinal services, the District and the independent cntractr execute a Cntract/Agreement particular t the agreed upn assignment. Examples f prfessinal services wuld be an attrney, auditr, prfessinal cnsultant (e.g., public bnd, grant writer, specialty analysis/service), cnstructin inspectr, etc. Independent cntractrs are required t enter int a written cntract/agreement with District in rder t receive payment. The District has tw standardized Independent Cntractr Agreements which it prefers t use, ne fr Basic Services and ne fr Prfessinal Services; bth can be btained frm the District s intranet r frm CPRM. Occasinally an independent cntractr will prvide his/her wn cntract/agreement, hwever, it must include certain District-required language. Cntractr cntracts/agreements must be apprved by Cntract Services. Required Dcuments When cntracting with either categry, Initiatr will submit the fllwing items, as applicable, t CPRM: Cntract/Agreement Bard Agenda Item(s) submitted t Bard Dcs Submitted fr cntracts/agreements that exceed $10,000 that require Bard apprval. Must be cmpleted by Initiatr. Cntract/Agreement All independent cntractr cntracts/agreements must be submitted t CPRM fr cmpliance review. Only CFO r anther Bard-apprved signatry may sign a cntract/agreement n behalf f the District; names f ther authrized signers are available thrugh CPRM. Initiatr shuld cntact CPRM fr questins and assistance. Purchase Requisitin t Encumber Funds Prepare n-line, Datatel requisitin and write IN PENCIL the requisitin number n the upper, right crner f the cntract/agreement, e.g., Requisitin # If a hard cpy requisitin is prepared, the fully-apprved requisitin must be included with the cntract/agreement and ther dcuments.

4 Vendr Infrmatin Frm Fr independent cntractrs wh are new vendrs t the District. This dcument is cmpleted nly the first time a vendr prvides services r if there is a change t the infrmatin prvided. Obtain this frm frm the intranet r frm CPRM. Wrksheet t Determine Independent Cntractr Status This frm need be cmpleted nly ne time prir t first date f service. Obtain this frm frm the intranet r frm CPRM. Upn cmpletin f the Required Dcuments abve, as applicable, Initiatr will submit them t Cntract & Prcurement Services. Cntract Services will: Review dcuments and frward fr additinal review by legal cunsel and/r insurance administratr, as apprpriate. Nte: Initiatr must allw sufficient time fr such review befre dcument is submitted t the Bard. Typically tw weeks befre Bard Items are due (which is abut fur weeks befre the Bard meeting); hwever, fr cmplex dcuments and/r issues, mre time may be required. If Cntract/Agreement is ging t the Bard, ntify respective Executive Cabinet Member that CPRM has received the dcument and crdinate with Initiatr and Executive Cabinet Member s they can get Cntract/Agreement n Bard Agenda after dcument review(s) is cmpleted. Nte: Initiatr may be respnsible t prvide Executive Cabinet Member with a Bard Agenda Item and paragraph. Initiatr must ascertain Executive Cabinet Member s prcedure. Facilitate executin f cntract/agreement (nly CFO r anther Bardapprved signatry may sign a cntract/agreement n behalf f the District). Distribute the executed cntract/agreement. File the cntract/agreement in the Master File / electrnic tracking sheet. Cmpletin f Services After services have been perfrmed satisfactrily and an invice is received, budget manager shall: Apprve invice fr payment (A/P has a sample invice frm, if needed). Frward apprved invice t Fiscal Services/Accunts Payable. The District may enter int Basic services cntracts t achieve cst savings when each f the fllwing cnditins are met: It can be clearly demnstrated that the prpsed cntract will result in actual verall cst savings t the District;

5 The cntractr s wages are at the industry's level and d nt undercut District pay rates; The cntract des nt cause the displacement f district emplyees; The savings are large enugh t ensure that emplyees will nt be eliminated by private sectr and District cst fluctuatins that culd nrmally be expected during the cntracting perid; The amunt f savings clearly justifies the size and duratin f the cntracting agreement; Where apprpriate, the cntract is awarded thrugh a publicized, cmpetitive bidding prcess; The cntract includes specific prvisins pertaining t the qualificatins f the staff that will perfrm the wrk under the cntract, as well as assurance that the cntractr's hiring practices meet applicable nndiscriminatin standards; The ptential fr future ecnmic risk t the District frm ptential cntractr rate increases is minimal; The cntract is with a firm r individual wh has specialized services; and The ptential ecnmic advantage f cntracting is nt utweighed by the public's interest in having a particular functin perfrmed directly by the District. Basic service cntracts are als permissible when any ne f the fllwing cnditins is met: The cntract is fr new functins mandated r authrized by Legislature t be perfrmed by independent cntractrs; The services are nt available within the District r cannt be satisfactrily perfrmed by District emplyees; The services are incidental t a purchase r lease cntract; The plicy, administrative, r legal gals and purpses f the District cannt be accmplished thrugh the regular r rdinary hiring prcess; The wrk meets the criteria fr emergency appintment; Equipment, materials, facilities, r supprt services culd nt feasibly be prvided by the District; r The services are f an urgent, temprary, r ccasinal nature. Prfessinal Experts In certain circumstances, Cntracts fr the services f persns wh qualify as prfessinal experts may be established withut cmpetitive bidding. Prfessinal experts are persns specially qualified t prvide services and advise in financial, ecnmic, accunting, engineering, legal r administrative matters. They must be specially trained, experienced and cmpetent t perfrm the services required. Cmpensatin fr special services and advice frm prfessinal experts may be paid frm available funds in the amunts deemed prper fr the services rendered.

6 Cnsultants Cnsulting services cntracts refer t all services that: Are f an advisry nature; Prvide a recmmended curse f actin r Basic expertise; Have an end prduct which is basically a transmittal f infrmatin either written r verbal; and, Are btained by awarding a prcurement-type cntract, a grant, r any ther payment f funds fr services f the abve type. The prduct may include anything frm answers t specific questins t design f a system r plan, and includes wrkshps, seminars, retreats, and cnferences fr which paid expertise is retained by cntract. EXHIBIT A (Example) Exhibit A (Enter Title f Psitin) Prpsal fr Services The Independent Cntractr will prvide the fllwing services: On-site cunseling f students wh are referred by Student Health Services and/r the Cunseling Department. Shrt-term interventin, maximum f six (6) sessins per semester. Evaluatin f persnality disrders, intellectual impairment and interpersnal relatinship prblems nly t the extent necessary t make apprpriate referrals. Refer students requiring lng-term therapy and/r medicatin management t apprpriate therapists agencies. Maintain referral lg. Be available fr cnsultatin regarding a student with varius department staff. Maintain cmmunity resurces and assist in making apprpriate referrals. Reprt t, and cnsult with the Student Health Directr. The Independent Cntractr has knwledge f: Skilled in managing a large client case lad with specialties in childhd disrders including ADHD, Oppsitinal Defiant disrder, Cnduct Disrder, Selective Mutism, Depressin, Anxiety and Asperger s/autism. Experienced treating Anxiety and Depressive disrders in children, teens and adults thrugh use f Cgnitive Behaviral and Shrt-Term Slutin Fcused treatment mdalities. The Independent Cntractr has the fllwing educatin, training and experience:

7 Licensed Marriage and Family Therapist - Bard f Behaviral Sciences, Califrnia, MFC#XXXXX, Exp. XX/XX/XX. M.S., Cunseling, Marriage and Family Therapy - Califrnia State University, Nrthridge, Califrnia DATE XXXX. Five years mental health experience serving yuth and families disadvantaged by scial, cultural, ecnmic, physical and emtinal barriers. An additinal XX years experience in ffice practices including ffice rganizatin, custmer service, prfessinal written crrespndence and cmputer sftware such as Micrsft Wrd/Excel and PwerPint. Revised 09/11/13