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Carlsbad USD |  BP  3600  Business and Noninstructional Operations

Consultants   

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The Board of Trustees authorizes the use of consultants to provide expert professional advice or specialized technical or training services which are not needed on a continuing basis and which cannot be provided by district staff because of limitations of time, experience or knowledge. Individuals, firms or organizations employed as consultants may assist management with decisions and/or project development related to financial, economic, accounting, engineering, legal, administrative, instructional or other matters.

As part of the contract process, the Superintendent or designee shall determine, in accordance with Internal Revenue Service guidelines, that the consultant is properly classified as an independent contractor. District employees who perform extra-duty consultant services shall not be retained as independent contractors. They shall be considered employees for all purposes, even if the additional services are not related to their regular duties.

(cf. 4117.12/4317.12 - Retirement Consultancy Contracts)

All consultant contracts shall be brought to the Board for approval.

(cf. 3312 - Contracts)

The district shall not contract for consulting services that can be performed without charge by a public agency or official unless these services are unavailable from the public source for reasons beyond the district's control.

All qualified firms or resource persons shall be accorded equal opportunity for consultant contracts regardless of race, creed, color, gender, national or ethnic origin, age or disability.

(cf. 3311 - Bids)

(cf. 3551 - Food Service Operations/Cafeteria Fund)

(cf. 4030 - Nondiscrimination in Employment)

Independent contractors applying for a consultant contract shall submit a written conflict of interest statement disclosing financial interests as determined necessary by the Superintendent or designee, depending on the range of duties to be performed by the consultant. The Superintendent or designee shall consider this statement when deciding whether to recommend the consultant's employment.

(cf. 9270 - Conflict of Interest)

When employees of a public university, county office of education or other public agency serve as consultant or resource persons for the district, they shall certify as part of the consultant agreement that they will not receive salary or remuneration other than vacation pay from any other public agency for the specific days when they work for this district.

Independent Contractor Agreements

When a school site or department requires specialized services the district will utilize an Independent Contractor Agreement to contract for the services. Government Code 53060 exempts these types of services from competitive bidding except for those services identified in Government Code 4525.

Each school site or department will submit the district's Independent Contractor Agreement, the purchase requisition and the independent contractor checklist certifying compliance with IRS regulations to the Purchasing Department for Board approval.

State Allocation Contracts

The Superintendent or designee shall ensure that the district complies with the disabled veteran business enterprise (DVBE) participation goals of 3% for State Allocation Board funded projects over $10,000.

For projects requiring DVBE participation goals, bidders will provide to the district certification that the bidder has satisfied the 3% participation goal for DVBE's. If the bidder(s) is/are unable to meet the 3% participation goal, the district shall evaluate the effort made by the bidder to seek out and consider DVBE's as potential subcontractors or suppliers of equipment or materials. The bidder shall demonstrate a "good faith effort" by submitting documentation as prescribed by district standards.

Bidders shall be eligible for the award of a district contract if they meet the participation goal or are found to have made a "good faith effort" to meet the goal.

Legal Reference:

EDUCATION CODE

10400-10407 Cooperative improvement programs

17596 Limit on continuing contracts

35010 Control of districts; prescription and enforcement of rules

35172(a) Promotional activities

35204 Contract with attorney

44925 Part-time readers employed as independent contractors

45103 Classified service in districts not incorporating the merit system

45103.5 Contracts for food service consulting services

45134-45135 Employment of retired classified employee

45256 Merit system districts; classified service; positions established for professional experts on a temporary basis

GOVERNMENT CODE

53060 Contract for special services and advice

Management Resources:

INTERNAL REVENUE SERVICE PUBLICATIONS

15-A Employer's Supplemental Tax Guide

Policy CARLSBAD UNIFIED SCHOOL DISTRICT

adopted: July 26, 2006 Carlsbad, California