Contracts - Personal Services

OVERVIEW

A contract is an agreement between SBCC and a vendor to exchange goods and/or services for payment.   The document authorizing this exchange for goods and/or services is a contract.  The document authorizing non-construction related services is called a Personal Services Contract.

Examples of personal services:  Presenter, speaker, performer, instructor (non-SBCC employee), interpreter, model, designer, researcher, program consultant, attorney, etc.

SBCC uses three types of contracts:  purchase orders, independent contractor agreements and vendor contracts.  SBCC’s legal counsel has approved use of purchase orders and template independent contractor agreements.  Vendor contracts require additional review and approval by SBCC legal counsel prior to use.

Contracts totaling $10K and under do not require Board of Trustee approval and are approved by issuing a purchase order.  Contracts totaling over $10K require Board of Trustee approval and are approved using an SBCC contract or vendor contract. 

FORMS
  • Independent Contractor Agreement (SBCC Contract)
  • Quote/Proposal/Scope of Work (Quote)
  • W9 – Request for Taxpayer Identification Number and Certification (W9)
INSTRUCTIONS FOR PROCESSING CONTRACTS FOR PERSONAL SERVICES
  1. Negotiate the required service with the vendor. Obtain a W9 and a quote/proposal/statement of work and contract (if over $10K) from the vendor.  The W9 is required to assign a vendor K number to new vendors and update information for current vendors.  The quote must provide:
    1. Vendor’s name and business information (address, phone number and email address).
    2. Description of service(s).
    3. Date(s) or schedule of service(s).
    4. Schedule of payments if vendor is to be paid in installments.
    5. Total cost of service.
  2. Assist the vendor with completing the Independent Contractor Agreement (SBCC contract) for services over $10K and obtain VENDOR SIGNATURE ONLY or obtain the vendor provided contract if the vendor refuses to use the SBCC contract.  Services $10K and under do not require a SBCC or vendor contract, but will be covered with a purchase order.
    1. It is the requestor’s responsibility to read the vendor contract being submitted (if applicable).
    2. A vendor contract must be reviewed and approved by SBCC legal counsel prior to submitting to the Board.
  3. Use the W9 and quote to complete the Request Form.
    1. Enter N/A where not applicable.
    2. Forms with blank fields will be returned to the requester.
    3. Obtain all applicable signatures.
    4. Budget Approver signature signifies funds are available in the budget code indicated.
  4. Email the documents below to purchasing@sbcc.edu using CONTRACT as the Subject.
    1. Independent Contractor/Consultant Request Form (Request Form).
    2. Independent Contractor Agreement (SBCC Contract) SIGNED BY VENDOR ONLY or vendor contract SIGNED BY VENDOR ONLY for requests over $10K.
    3. Quote/proposal/contract
    4. W9
  5. Your request will be logged, reviewed, approved and processed by Business Services and Purchasing as follows:
    1. =/<$10K – Converted to purchase order and forwarded to vendor and requester(s).
    2. >$10K – Submitted for Board approval, signed by VP Business Services and forwarded to vendor and requester. A PO will be created for encumbrance purposes only.
    3. All vendor contracts will be reviewed by legal counsel prior to submission to the Board of Trustee and/or VP Business Services approval.
    4. Final documents will be scanned and uploaded to a shared location.
Flow Chart for Personal Services Contracts

Yellow = Requester                        Blue = Business Services                         Green = Purchasing Contracts Flow Chart

 

WHO DOES WHAT?

SBCC requesters are responsible for initiating the appropriate documents for requesting goods and services with ample time for Board of Trustee and/or legal counsel approval (if applicable), providing internal processing information, securing departmental authorization(s) on request forms, obtaining vendor required documents and authorizing payment(s) to vendor.

Business Services is responsible for authorizing use of all contracts, obtaining approval by legal counsel for vendor contracts and Board of Trustee approval of vendor contracts.

Purchasing is responsible for screening and processing requests, assigning tracking numbers to requests, obtaining Board of Trustee approval of SBCC contracts (if over $10K), creating purchase orders to encumber funds, securing VP Business Services signature on SBCC contracts over $10K or all vendor contracts and distributing final documents to vendors and requester(s).

Vendors are responsible for providing SBCC with their tax payer identification number, quotes and invoices.

 TERMINOLOGY & DEFINITIONS
  • PERSONAL SERVICES – Services provided by professional expert, independent contractor or consultant.
    • PROFESSIONAL EXPERT – Specially trained & qualified to provide services required.
    • INDEPENDENT CONTRACTOR – Contractor controls work performed & is not assisted by the District.
    • CONSULTANT – Provides advisory services provided in verbal or written format.
  • INDEPENDENT CONTRACTOR/CONSULTANT REQUEST FORM (Request Form)
    • Gathers information required to process the request.
    • Provides authorizations to begin processing the request.
    • Initiated by the requester.
  • INDEPENDENT CONTRACTOR AGREEMENT (SBCC Contract)
    • Contract template approved for use by SBCC legal counsel.
    • Used for requests over $10K.
    • Changes to the contract must be pre-approved by SBCC legal counsel.
    • Must be signed by the Vendor prior to approval.
    • Authorized (signed) by VP Business Services.
  • CONTRACT – A binding agreement between two parties for the supply of goods or services where price and terms are identified. There are 3 types of contracts used by SBCC for personal services.
    • Independent Contractor Agreement (SBCC Contract) – SBCC supplied contract pre-approved by SBCC legal counsel used for personal services over $10K.
    • Vendor Contract – Contract supplied by vendor. Requires approval by SBCC legal counsel prior to use.

    • Purchase Order – SBCC standard contract with standard terms and conditions used for personal services $10K and under.

  • CONTRACT PACKAGE – Forms required to process a contract for personal services consists of:
    • Independent Contractor/Consultant Request Form (Request Form)
    • Independent Contractor Agreement (SBCC Contract) if over $10K, vendor contract if vendor refuses to use SBCC contract or NO CONTRACT if $10K and under
    • Quote/Proposal/Scope of Work (Quote or Template Quote)
    • W9
  • VENDOR – Person or company who provides or performs services.
    • Vendors cannot be current SBCC employees.
    • Must provide their taxpayer identification number by submitting a W9.
    • Will be assigned a vendor number (K number) which will be used for invoicing and tax reporting if applicable.
    • Must provide a quote/proposal/scope of work indicating service and cost of service.
    • Must provide invoice for payment(s) noting purchase order number on invoice.
  • CONTRACT NUMBER – Unique sequential number assigned to each request by Purchasing.
    • Format = CONTRACT + school year + sequential number = CONTRACT 2020-001.
    • Primary identifier for communicating. Use as subject of all emails to/from Purchasing and Business Services.
  • CONTRACT LOG – Records all requests by contract number.
    • Provides status via shared folder.
    • Will be updated when contract is logged, ready for Board approval submission (if over $10K), approved by Board of Trustees (if over $10K), assigned purchase order and emailed to vendor and requester(s). 
 FREQUENTLY ASKED QUESTIONS
  • When are vendors authorized to begin services?
    • Vendors are authorized to begin services only after the contract is approved or a purchase order is issued. 
  • Can current SBCC employees be a vendor?
    • No.  Only non-SBCC employees can provide services and be paid as a vendor.
  • Do all contracts need Board of Trustee approval?
    • Only contracts over $10K need Board of Trustee approval.
  • How long does it take before a contract is issued and the vendor can begin providing the requested service?
    • Requests for personal services $10K and under are converted to purchase order and issued to the vendor 1-5 days after receipt of the approved request form and applicable documents by Purchasing.
    • Requests for personal services over $10K are issued to the vendor 1-3 days after Board of Trustee approval.
  • What do I do with the vendor's invoice?
    • Once the service has been completed to your satisfaction:
      • Ensure the purchase order number is noted on the invoice
      • Sign and date the invoice indicating your approval to pay the vendor
      • Forward the invoice to Accounting.
  • Does the information contained on this page apply to all services provided to SBCC?
    • No.  The information on this page applies to personal services that are not construction related.  Information regarding other types or contracts will be available soon.
  • Who do I contact if I have questions about contracts?
    • Contact Purchasing at extension 4391 for answers to your questions, guidance and/or training.  We are happy to assist you at any time.

BP 6330 - Purchasing
AP 6330 - Purchasing
BP 6340 - Contracts
AP 6340 - Bids & Contracts
AP 6370 - Personal Services