San Marino Unified School District Contracts Presentation Presented by: Wesley Lee, Budget Analyst October 28, 2015 Agenda Topics • Contract Procedures • Contract Procedures (Attachments) • Practical review: Contract Form (IC Contract) • A closer look: SB 854 Awarding Bodies • Practical review: Contract Form (Field Service) • A closer look: AB 1584 Pupil Records • Practical review: AB 1584 Checklist • A closer look: Insurance • Practical review: Insurance Certificates Page # 1 2 3 4 5 Contract Procedures A fully completed contract will include the following: • Contract Number: Contact the Accounting Office who will assign a Contract Number. • Effective Date: Fill in the effective date, which should be after the Board approval date • Contractor Name: List the Independent Contractors “dba” business name • Term of Agreement: With few exceptions, all contracts and agreements shall be effective through the end of the fiscal year (e.g. June 30, 2016). • Independent Contractor Contact: Include business name, the contact person, business mailing address, business phone #, email, and Tax Identification number. • District Contact(s): For instructional contracts, list Dr. Gary McGuigan; personnel and employee training contracts, list Linda de la Torre; for technology contracts list Stephen Choi, Chief Technology Officer; and, for business contracts, list Julie Boucher. Please add their contact phone number, fax number, and email address. Note: Any contract in excess of $100,000 will need to be approved by the Superintendent, Dr. Alex Cherniss. • Services to be Rendered: Describe in detail the services to be rendered by the Independent Contractor. Note: with few exceptions, all independent contractors are required to enter into an Agreement with the District prior to beginning services. • Terms of Payment: List the terms of payment. Note: the District cannot agree to nor authorize prepayment for services rendered. As note, upon completion of services, the Independent Contractor shall submit an invoice to the District. Payment will be made within 30 days of receipt of the invoice. • Signature Page: Once Board approval is received, the originating office shall proceed with receiving two original signed copies of the Agreement by the Contractor and the District representative. One executed copy shall be provided to the Contractor and the other original sent to the Accounting Office. 1 Contract Procedures continued (Attachments) • W-9 Form • District requisition (Peoplesoft) • Insurance Certificate ▫ San Marino Unified School District named as certificate holder ▫ San Marino Unified School District named as additionally insured ▫ Separate endorsement or blanket endorsement naming San Marino Unified School District as additionally insured • Signed invoice by District Administrator • SB 854 /AB 1584 compliance (Three documents) *See later slides *Upon completion of all steps, submit to purchasing. Purchasing will route to accounting for account number review. Final package will be submitted to Purchasing who will issue a purchase order. Upon completion of services, a copy of the contractor’s invoice signed by designated administrator should be sent to Accounting for payment processing. 2 SB 854 Awarding Bodies • Designed to ensure that contractors are paying prevailing wage to workers. Contractor must register with Department of Industrial Relations and provide copies of certified payroll. • Any service/project that is considered a public works project (Defined by California Labor Code: “Public works means: Construction, alteration, demolition, installation, or repair work under contract and paid in part out of public funds…”) • Applies only for any project where the cost of the project is over $1,000 ▫ ▫ Cannot be split to avoid the $1,000 threshold, but if under not subject to requirement; A series of jobs with the same contractor/vendor under $1,000 are exempt as long as it is not under the same project Annual open purchase order for over $1,000, need to report a master services agreement one time, individual task orders need not be reported • Purpose is for Maintenance and Operations to be aware of the award and within 5 days of awarding the contract to enter a PWC-100 projection registration form with the Department of Industrial Relations. Maintenance and Operations to prepare field service agreement. Also important for M&O to be informed to ensure proper completion/installation of product or service. 3 AB 1584 Pupil Information • Designed to safeguard pupil records for any digital storage service or educational software. Also, initiated to protect any violation of use of any intellectual property of pupils works and creations. • Vendors to comply by agreeing to an AB 1584 checklist. In addition to any standard contract, this checklist must be filled out for any contracts containing student records or student works. 4 Insurance • Request a certificate for insurance for any service related contract where there may be a material exposure of risk, i.e. construction services, field trips, inservices, etc. Depending on the type of contract, worker’s compensation coverage may be needed. • IMPORTANT: A certificate of insurance by itself having San Marino Unified School District as certificate holder does not confer any rights. Being a certificate holder does not name SMUSD as an insured party on the vendor’s insurance policy. What it does is notify the insurer to provide notice to the certificate holder should there be a lapse of coverage. In other words, a certificate of insurance is really just informational and does not provide any protection to our agency! • Insurance should have the following components: ▫ ▫ ▫ ▫ San Marino Unified School District named as certificate holder San Marino Unified School District named as additionally insured Separate certificate of insurance endorsement naming San Marino Unified School District as additionally insured Policy limits in aggregate should be at least 1mm 5