_______________________________________________________________________________________________________THIS PROCESS IS ONLY FOR NON-DIRECT SERVICES - IF YOU NEED TO SET UP DIRECT SERVICES FOR STUDENTS PLEASE GO TO THE COMMUNITY ENGAGEMENT WEB PAGE FOR DIRECTION AND CONTACT INFORMATION._______________________________________________________________________________________________________A consultant is a person, company or corporation who is not an employee of the District and is not entitled to any rights, benefits or protections, which accrue to employees of the District. A consultant is an independent contractor who is hired to provide services for the District for a specific period of time. The authority/approval to hire a consultant is a combination District signature approval process and a Governing Board function. Accordingly, no District staff may authorize a consultant to begin work until all of the paperwork has been completed and appropriately approved.» NOTE: Allowing a consultant to provide services prior to proper approval and issuance of a purchase order constitutes an unauthorized purchase for which the requesting originator and/or principal/department head will be held personally liable (Board Policy 3310).Forms RequiredCorporationIndividualMunis RequisitionConsultant Services SummaryIndependent Contractor Agreement-Non Direct ServicesFingerprint and Employee BackgroundW-9 Form590 FormA Detailed Scope of ServicesMunis RequisitionConsultant Services SummaryIndependent Contractor Agreement-Non Direct ServicesMaster Agreement-Non Direct ServicesFingerprint and Employee BackgroundW-9 Form590 FormEDD DE-542 FormWorksheet on Employment StatusA Detailed Scope of ServicesALL FORMS MAY BE DOWNLOADED FROM THE GENERAL SERVICES WEBPAGE WITH THE EXCEPTION OF THE CONSULTANT SERVICES REQUISITION. THIS FORM MUST BE COMPLETED ON-LINE IN MUNIS.
PROCESS FOR CONSULTANT APPROVAL FOR NON-DIRECT SERVICES
Submit forms stapled together in one package to the Purchasing Department at least six weeks prior to the date services are required. Forms must be filled out on-line or typed and must be signed in blue ink. Copies will not be accepted. Write the Requisition number on the packet before submitting to purchasing.
1. Munis RequisitionFollow the instructions in the Munis manual on how to create a contract requisition.Start Date: contracts will not be processed if they are backdated for after the fact services.End Date: contracts must end by June 30th of the current year.Description: Should be it least 1 paragraph and must match the purpose on the Consultant Services Summary and the Responsibility of the Contractor on the Independent Contractor Agreement-Non Direct Services.
2. Consultant Services Summary:Purpose: Should be it least 1 paragraph and must match the Description on the Munis requisition.Number of Students/Staff Impacted: Describe the numbers of students/staff that will be impacted.Outcome/Deliverables: Describe what you hope to accomplish/gain by having this service.
3. Master Agreement - Non Direct Services:Contract No.: Leave this line blank, purchasing will enter the purchase order number here.This Agreement, by and between: Enter the company name or individual name of the contractor here.Responsibility of the Contractor: Should be it least 1 paragraph and must match the purpose on the Consultant Services Summary and the Description on the Munis requisition.Signature Page: Complete all the contractor information, have the contractor sign in blue ink.By signing this agreement the consultant indicates their understanding and acceptance of the terms and conditions of the Independent Contractor Agreement-Non Direct Services.» Under limited circumstances, when a consultant's Non-District contract is used in lieu of the District's Agreement for Special Contract Services document the contract will be subject to review and modification by District's Legal Counsel and must be submitted to purchasing for review before any agreements are made.
4. Fingerprint and Employee Background Check Requirements:
Form must be signed when the worker will have contact with pupils, if more than one person is covered under this contract attach a list of names.
5. W-9 FORM:
All consultants are required to complete and sign a W-9 form; however this form can be a copy
6. CA590 FORM:
Must be completed by all Non-California consultants
Payments made in excess of $1,500 to California non residents are subject to a 7% tax (refer to section IV-E in the Independent Contractor Agreement-Non Direct Services.
7. DE542 FORM: Individual only
Must be completed by individuals only (Consultants using their Social Security Number are considered individuals in this instance).
8. Worksheet on Employment Status: Individual onlyCompleted by the District originator, principal, or administrator; signed and dated appropriately. This form must be filled out completely.This form will be used to determine if the individual can be hired as a consultant.
Forms will be returned for failure to comply with the above instructions. This may delay the issuance of a purchase order for services. The originator and/or principal/administrator are personally liable for payment to the consultant if proper approval is not obtained before services begin.
If you are using state and federal (categorical) money provide them with a copy of the first page of the Independent Contractor Agreement-Non Direct Services and the Consultant Services Summary. Provide any other administrators that need to see the contract with a copy.Attach a copy of the complete consultant services packet to your Munis requisiton. You must also forward all original contract documentation with signatures in blue to purchasing.
Purchasing will generate the purchase order after all forms have been received and the Munis requisition has been approved.
CONSULTANT SERVICES COSTING $50,000 AND ABOVE
Contracts totaling $50,000 and above must be approved by the Board of Education.
It is imperative that the consultant services approval package be submitted to Purchasing at least six weeks prior to the service date to ensure sufficient time to complete the approval process. The printing deadline for board agenda items is two (2) weeks prior to the date of the board meeting. If all signed contract paperwork and the fully approved Munis requisition are not to purchasing by the printing deadline, your request cannot even be considered for approval until the next scheduled board meeting. Board meetings are scheduled on the first and third Wednesdays of the month.
CONSULTANT SERVICES COSTING UP TO $50,000
It is imperative that the consultant services approval package is submitted to Purchasing at least six weeks prior to the service date to ensure sufficient time to complete the approval process.
PAYMENT TO CONSULTANTSConsultants should not be paid in advance. Please advise the consultant that the District will make the payment after the service has been provided, unless prior approval has been obtained for partial prepayment of services (please indicate any payment arrangements on the Agreement for Special Contract Services document). In those instances when the consultant will provide the service only if payment is made immediately after the service is performed, the originator must obtain a Pro Forma invoice from the consultant and attach the Pro Forma invoice to the consultant services requisition, indicating on the form the date required for payment. The Accounting Department will release a warrant to you, made payable to the consultant, for payment upon the completion of the services rendered.» Payments made in excess of $1,500 to California nonresidents, including corporations, limited liability companies, and partnerships that do not have a permanent place of business in this state are subject to 7% state income tax withholding (California Revenue and Taxation Code Section 18662). Tax exempt organizations, under either California or federal law are exempt from 7% withholding.
The Accounting Department is responsible for making payments to the consultant only after they have received;
1. An invoice for services rendered, referencing the purchase order number which authorized the service2. The amount to be paid has been entered as received in the receiving data base in Bi-Tech.(The consultant cannot be paid without these two items.)
CHANGES TO CONSULTANT SERVICES REQUEST
1. Create a Change order in Munis using the instructions on page 24 of the Munis Manual.
2. Submit an Amendment to Master Agreement and a new Consultant Services Summary Form
3. Board Approval will be required if the original cost of services was $50,000 or above or the amendment to the will increase the agreement to be in excess of $50,000.
4. Submit the Amendment to Master Agreement form to Purchasing with a new Consultant Services Summary attached detailing the reason for the increase. Acquire all appropriate signatures.
TERMINATION OF SPECIAL CONTRACT SERVICES
If a contract needs to be terminated, use this form: Termination of Special Contract ServicesQUESTIONS: Contact Mary Kitchen at (510) 231-1192.