Hayward USD | AR 3600 Business and Noninstructional Operations
The Governing Board has authorized the use of contract consultants for unique, specialized, technical and/or professional services and only within the framework established in Board policy.
Pursuant to this authorization, the following guidelines shall regulate the employment of such contract consultants.
1. Consultants Defined:
a. Independent Contractor. Furnishes the district special services and advice in financial, economic, accounting, engineering, legal or administrative matters through persons specially trained and experienced and competent to perform the special services required. (Government Code 53060)
(1) Example: architect, attorney, auditor.
(2) An independent contractor is free to work when, for whom and for as many employers as he/she pleases and is usually in a position to realize a profit or suffer a loss as a result of his/her services. Typically, the independent contractor will hold his/her own business license, supply own advertising and make his/her services available to the general public.
(3) An independent contractor is not an employee of the district.
b. Lecturer/Presenter. Speaks before staff or classes and assemblies of students of one or more schools in the district and is well qualified in the subject matter being presented.
(1) Example: author, chemist, programmer, electrician, dental hygienist, fine arts, etc.
c. Specialized Skills. Persons possessing specialized skills not available, or not sufficiently available among current employees.
(1) Example: translators, interpreters, examiners/testers, cultural information advisors/liaison.
(2) The lecturer/presenter is for the enhancement of the student learning process or staff development. The lecturer/presenter may or may not hold his/her own business license but, as with the independent contractor, he/she is free to work when, for whom, and for as many employers as he/she pleases.
(3) A lecturer/presenter is not an employee of the district.
d. Employee as a Consultant. Provides professional advice or services to the district for a specified period of time or for a specified purpose while also employed as an employee of the district. Such services shall not be allowed if it will interfere with or overlaps with hours/duties of his/her regularly scheduled employment within the district. The district will abide by its negotiated agreements in the employment of employees for extra-duty assignments.
(1) The contracted employee may or may not have his/her own business license.
(2) An employee/employer relationship exists with a contracted employee and the district.
(3) A district employee who agrees to perform extra-duty services is to be treated as an employee for all purposes, even if the additional services are not related to his/her regular duties.
e. Retired Certificated Employees. Hired under the provisions of law. These former employees will be paid by a payroll warrant.
a. The consultant fee for all consultants, excluding the contracted employee working on an extra-duty assignment, shall be based on the type of service to be rendered, the qualifications of the consultant, amount of preparation required, degree of need established for the service, length of service to be rendered, and the prevailing rate for similar services.
b. Transportation costs, meal and motel costs, printing and all other costs are to be included in the contract agreement as part of the fee and shall be paid by the district to the consultant.
3. Types of Payments:
a. Independent contractors and lecturer/presenters shall be paid by commercial warrant.
b. Contract employees working on extra-duty assignments shall be paid by payroll warrant.
4. Procedures for Entering into Agreement and Final Payment:
(1) Establish need (documentation required).
(2) Obtain authorization for consultant search (Superintendent, Associate Superintendent, Assistant Superintendent or designee, department head, principal or administrator of business).
(3) Conduct search and identify consultants possessing the skills, knowledge, and abilities needed by the district to perform the service.
(4) Complete the request for consultant form.
(5) Attain agreement with consultant as to task to be performed and timelines, cost and final product. Consultant agreement forms are available in the division of Business Services. These are to be used in formalizing the agreement.
(6) When the Board approves the agreement (fees over $5,000, cumulative on a fiscal year basis) or the Superintendent or designee approves the agreement (fees of $5,000 or less), an Associate Superintendent, Assistant Superintendent, a cabinet level director, or the Superintendent or designee (as applicable) shall affix his/ her signature and provide the consultant with a copy of the contract agreement. The original shall be forwarded to the Purchasing Department with an approved purchase requisition (Form B-PD3).
(7) When the service is completed, an Associate Superintendent, Assistant Superintendent or designee, a cabinet director, or the Superintendent or designee (as applicable) shall verify service was completed satisfactorily by completing and signing a Report of Materials Received (Form B-W3). The invoice identified by purchase order number shall be sent to the district Purchasing Department along with the receiver for processing.
(a) In some instances a partial payment may be made if defined in the contract agreement.
(b) Under these conditions a "Report of Materials Received" shall indicate the percentage of the contract completed, is to be completed and submitted to the Purchasing Department. Submission of the completed receiver will be done upon total completion of the duties defined in the contract agreement.
(8) Contracts for extra-duty assignments (by district employees) must be reported on a timecard and submitted to the payroll department by an Associate Superintendent, Assistant Superintendent or designee, a cabinet level director, or the Superintendent or designee verifying services rendered. These timecards are available in the division of Business Services. A contract employee consultant fee certification form is to be submitted to the Payroll Department upon completion of an individual project assignment. This form is available in the Instructional Services Division.
(9) After the receiver has been submitted, a warrant will be issued. The warrant will be mailed to the address of the consultant as contained in the contract agreement unless directed otherwise, in writing, by the consultant.
(10) Grant proposals submitted to the Board in entirety may contain recommendations and cost figures for a specified number of lecturers/presenters. When such grant proposals have been approved by the Board and subsequently approved by appropriate state/federal agencies, such approval constitutes recognition and acceptance that the professional expertise and cost figures are reasonable.
b. Independent Contractors. The use of independent contractors is restricted to the Superintendent or designee. Bids are not required if these contractors meet the requirements of Government Code 53060
c. Consultants - Lecturers/Presenters:
(1) If the consultant fee exceeds $5,000, cumulative on a fiscal year basis, but under $15,000:
(a) Develop a background statement of need for Board agenda for presentation to the Board.
(b) Submit the completed statement and explanatory materials to the Assistant Superintendent, Business Services or designee in sufficient time to be considered for placement on the Board agenda preceding anticipated consultant employment.
(c) If the Board approves the employment of the consultant, complete the agreement, including the consultant's signature, social security number, and forward to the Assistant Superintendent, Personnel Services or designee at least five days prior to the anticipated date of employment.
(2) If the consultant fee is expected to exceed $15,000, formal bids awarded by the Board may be required in addition to the procedure outlined in (1) above.
(a) The Assistant Superintendent, Business Services, shall take such action as appropriate, pursuant to district policy and related regulations.
(3) If the fee is $5,000 or less:
(a) Complete the Request for Consultant form with appropriate signatures.
(b) Complete an Agreement, including the consultant's signature, social security number, and/or employer identification number.
(c) Provide the Assistant Superintendent - Business Services or designee with a copy of the completed agreement along with a statement of need and indication of costs paid for similar services in the country, at least five days prior to the anticipated date of employment.
(d) If approved by the Superintendent or designee, the Assistant Superintendent, Personnel Services or designee, shall take action as appropriate pursuant to Board policy and administrative regulations.
(4) Purchase Requisition (Form B-PD3) properly approved shall be submitted to Purchasing along with a copy of each consultant contract.
Regulation HAYWARD UNIFIED SCHOOL DISTRICT
approved: November 18, 1991 Hayward, California
revised: September 28, 2005
revised: March 13, 2013
revised: October 9, 2013