Independent Contractor/Consultant Policy #6.85
Discussion Points
No.
Topic: Policy
1.
District employees performing extra duty consultant services should still
be coded as employees
2.
Contractor Disclosure Affidavit. Confine to contracts $2,500 and over.
Affidavit must be submitted for each contract a vendor has been awarded
3.
Staff presentation to Audit and Finance Committee re: any new
Administrative Policies
4.
Define lowest, responsible bidder in terms of: cost, performance,
qualifications
5.
Contract splitting
6.
Policy must be specific to ensure internal controls can be established and
followed (Who is the designated District Office administrator?)
Designation should be consistent throughout the colleges
7.
Statement assumes budget limitations are the only criteria that would
limit a college from hiring a consultant
8.
Administrative Procedure #6.85 recounts outdated IRS criteria for
determining an independent consultant.
Comments
Page 1 of 7
Independent Contractor/Consultant Policy #6.85
Discussion Points
Topic: Policy, page 2
9.
Comments
All Board policies should have a stated goal as an opening statement, e.g.
“To conform to all laws and regulations governing public contracting, and
to ensure the District hires vendors that meet its standards of
competency, professionalism and quality performance.”
Have standard policy template format that all departments can use
10.
There a difference between an Administrative Policy (implementation
directive) and an Administrative Procedure (standard operating
procedure). The District needs both.
11.
Employees terminating and immediately hiring on as consultant
Page 2 of 7
Independent Contractor/Consultant Policy #6.85
Discussion Points
No.
Topic: Contract Documentation
1.
Not-to-Exceed Amount and hourly rate
2.
Beginning and ending date
3.
Work completed before contract signed/approved
4.
Contracts filled out by vendors. Contracts being changed (white out,
scribbled out, erased etc.) and being faxed
5.
Discontinue using NCR form to allow for download
6.
Expand contract document. Establish standard contract agreement i.e.
every provision on same page, pages numbered the same. Use
addendum(s) for specific changes for specific contracts
7.
Check list that verifies information (after staff has made recommendation)
before Board approval. Contracts do not have required documentation at
the time of contract approval and/or submission to Finance
8.
Scope of work, resume/bio attached to contract prior to approval and
remain attached to original contract submission
Comments
Page 3 of 7
Independent Contractor/Consultant Policy #6.85
Discussion Points
No.
Topic: Contract Documentation, pg. 2
9.
Develop checklist to determine need for consultant. Make part of contract
packet
10.
Contract award report submitted to Board without 3 bids
11.
Explicit insurance requirements
12.
Need clear demarcation between a vendor supplying a good or service or
both. Contract needs to distinguish in the deliverables which is which and
when each will be delivered
Comments
Page 4 of 7
Independent Contractor/Consultant Policy #6.85
Discussion Points
No.
Topic: Process and Project Management
1.
Independent audit of contractor extensions
- Did not complete work
- Added more work/unforeseen conditions
- Didn’t scope correctly
- Regulatory
2.
Independent audit of project management function
3.
Independent audit of SLBE program. Particularly, self-certification process
4.
Central Contract File – a central repository of all contracts in force
5.
Create step to verify and validate contract work cannot be done with
existing staff, i.e. lacking skills, money, structure, leadership prior to
approval of agreement
6.
Identify contract administrator for each contract
7.
Purchasing staff required to participate in all bid conferences
8.
Independent audit of Projects:
- Completed on Time
- Completed within budget
- Completed per scope and deliverables
- With change orders
Comments
Page 5 of 7
Independent Contractor/Consultant Policy #6.85
Discussion Points
No.
Topic: Vendor Management
1.
Using District space, equipment, materials and supplies
2.
Passing all factors of the IRS litmus test
3.
Paying expenses/reimbursables
4.
Supervising District employees
5.
Termination for Cause, i.e. sexual harassment, non-performance, financial,
legal, etc.
6.
Applications update, default is on annual basis
7.
Applications filed separately from vendor files
8.
District employees are in vendor file
9.
Revise Vendor Application consistent with info needed in PeopleSoft
History File
10.
Performance standards in contract and substantiated through progress
reports and at the end of the contract to validate it has been properly
completed (Role of a contract auditor)
Comments
Page 6 of 7
Independent Contractor/Consultant Policy #6.85
Discussion Points
No.
Topic: Vendor Management, pg. 2
11.
Users don’t have access to complete vendor file
12.
One client consultants
Comments
Page 7 of 7