CONSULTANT AGREEMENTS

Transcription

1 CHAPTER 13 CONSULTANT AGREEMENTS 13-1 CONSULTANT AGREEMENTS A standard consultant agreement is listed below. Check the Purchasing Department website at for additional information on consultants. The consultant form 1420 is available in PDF from the School District website. Consultant expenditures must be encumbered as a PeopleSoft requisition (Special Request) or an Internal Accounts Purchase Order (PBSD 1882). If requesting a PeopleSoft purchase order for any amount or an Internal Purchase Order over $5,000, a copy of the appropriately signed contract MUST be forwarded to the Purchasing Department. All consultants must be fingerprinted and have a background check before they are cleared for employment by the School Police Department. See Section 13-4 for detailed instructions for this procedure. A consultant contract is not required when training services are included in the purchase of computer software. A. CONSULTANT AGREEMENT Form PBSD 1420 Use this form for all consultant contracts. Consultant contracts under $5,000 must be signed by the consultant and the principal/district director. If using internal funds, then attach the signed agreement to the check requisition. If using budgeted funds, then attach the signed consultant agreement to the PeopleSoft requisition. Consultant contracts over $5,000 regardless if they are internal or budgeted funds must be signed by the consultant, principal/district director and area/assistant superintendent before sending to Purchasing Department to complete the processing. A Principal or District Director can approve up to $5,000 per vendor, per fiscal year. Consultant Contracts must be completed and signed including clearance by School Police of the background check and fingerprinting, when applicable, BEFORE service is performed. In addition, if using budgeted funds, then the PeopleSoft Purchase Order must be approved and dispatched to the vendor. Consultant contracts $10,000 and over per school/department per fiscal year must be presented to the School Board for approval. Contracts $10,000 and over per school/department per fiscal year, amendments to previously approved contracts, or contracts not created on the District standard 1420 contract must be approved by Legal Department. Purchasing will submit contracts to the Legal Department for you. A completed, signed and notarized Beneficial Interest and Disclosure of Ownership Affidavit (PBSD1997) must be attached to each contract going for Board approval. A Consultant Evaluation Form (PBSD 2075) should be attached to the contract for the service to be performed. Use an additional Consultant Evaluation Form (PBSD 2075) if you have used the consultant in the past showing their performance (Revised 7/15)

2 A funded and approved requisition must be entered in PeopleSoft before the consultant contract is submitted to the Board for approval. Original contracts will be returned to the originating school/department after Board approval, signatures are complete and the purchase order has been issued. Please make sure enough time is planned in order to complete the approval and signature process BEFORE the consultant begins work. Contracts going to Board should be sent to Purchasing with the appropriate signatures six weeks prior to the desired Board date. The Purchasing website lists the dates that you must have your contract submitted to Purchasing for each monthly Board meeting. CONSULTANT AGREEMENT FORMS CHECKLIST (Please ensure you have the most updated forms) 1420 Consultant Agreement Type agreement in PDF. Save a copy on your computer in case any changes need to be made. This is the responsibility of the school or department to fill out, not the consultant. Fill in all areas. Incomplete contracts are subject to being returned for corrections. o Internal Funding Under $5,000 per vendor per fiscal year per school does not need to come to Purchasing. Keep a copy for your records. Any contract over $5,000 per vendor per fiscal year per school must be sent to Purchasing for processing. o Budgeted Funds All contracts regardless of the dollar amount must come to Purchasing. Contracts in the amount of $5,000 or less per vendor per fiscal year per department/school may be attached to the requisition. Others should be sent to the Purchasing Department, attn: Debra Boutet for processing. Contracts not going to board $5,000 or less per vendor per fiscal year per school or department require two signatures. It is your responsibility to get the consultant and Principal/ District Director signatures. Contracts over $5,000 to $10,000 need to go to the Superintendent and require you to obtain the consultant, the Principal/District Director and the Area or Assistant Superintendent signatures. Contracts $10,000 and over need to go to the Board and require you to obtain the consultant, the Principal/District Director and the Area or Assistant Superintendent signatures. Submit the completed contract with the appropriate signatures to Purchasing. Purchasing will send the contract to Legal if it deems necessary. Please do not get any further signatures; Purchasing will obtain them for you Beneficial Interest and Disclosure Form This is page 5 of the contract. You need to attach one to each contract. This form is necessary to acknowledge the owner of the company and to avoid any conflict of interest with any board members. o There are two exemptions to this form but you still need to fill in the appropriate areas Individuals Government Colleges and Universities 13-2 (Revised 7/15)

3 Any Company, LLC, Corporation must fill out the form and have it notarized. This includes Non-Profit Organizations Consultant Evaluation This is page 6 of the contract. Fill out the form referencing the dates for the services to be performed but do not fill it out until the services have been fully rendered. Purchasing would like each contract that is being signed to have one attached so the consultant knows they will be evaluated. If you have used the consultant in the past please fill out one referencing the dates of the past service and attach to the contract Student Information Contract/Agreement Addendum If the consultant will have access to student information fill out form showing what will be shared Amendment to Consultant Agreement If you need to amend a contract for additional funds, time or both you will need to fill out an Amendment. It should follow the same guidelines stated above regarding signatures. Keep in mind that if the contract you want to amend has ended, you can not amend it. You will need to create a new one. ADDITONAL FORMS IF GOING TO BOARD Data Panel A data panel shows the need for the service. Examples would be to increase test scores, decrease dropout rates, etc. The EDW (Educational Data Warehouse) has FCAT scores for each school. Someone in each school should have access to this site. If the FCAT scores do not apply to your service you will need to create one. Do not submit a panel containing student names, numbers or grades. These panels are added to the eagenda and can be viewed by the public. Enter a requisition in PeopleSoft if you are using budgeted funds. If the consultant is not an existing vendor in PeopleSoft a W-9 and Vendor Record Form will be needed and they can be obtained from Purchasing. Contact Debra Boutet at PX or debra.boutet@palmbeachschools.org or Dick Hardman at PX if you have any questions or need any assistance COMPLETION TIME FOR CONSULTANT AGREEMENTS AND AMENDMENTS It is important that you allow adequate time for completion of the review and approval of all documentation. Contracts are required to be approved by the Superintendent and/or the Board BEFORE the consultant begins work (Revised 7/15)

4 13-3 CONSULTANT PROCESS LEGAL REVIEW The Legal Department is available to review any unusual consultant contract but MUST review and approve all contracts before they are presented to the School Board. It is suggested that you speak to the consultant regarding availability and price, prepare the contract and have the Legal Department review prior to having the consultant sign. This will facilitate a smooth implementation of any changes made by Legal. Please remember to use the transmittal form #1733 when forwarding documents to Legal for approval BACKGROUND CHECKS AND FINGERPRINTING OF CONSULTANTS Consultant will need to complete form PBSD 2272 (Statement on Collection, Use, or Release of Social Security Numbers of Employees and Others) and form PBSD 1456 (School Police Background Information Check) and bring it along with their driver s license (or other ID), original social security card and a check or money order for the fee to the School Police Department in the Fulton Holland Building, Suite B-101 for fingerprinting. Consultant must pay the cost of fingerprinting and the background check which is currently approximately $ A check or money order should be made payable to the School District of Palm Beach County and paid at the time of fingerprinting. Consultant will be given a stamped receipt that indicates Processed by School Police and the date. This receipt is proof that the consultant was fingerprinted. It does NOT indicate that they were cleared for employment. NOTE: The background check and fingerprinting component is encouraged for all consultants but may be waived if the principal / department head attests that no child will be present during the consultant s scope of work and that consultant will be escorted as needed REQUIRED DOCUMENTATION FOR CONSULTANT PAYMENTS Payment for consultant services is available through the PeopleSoft receipt process. Receipt of an amount in PeopleSoft authorizes accounts payable to make a payment in that amount to the vendor. All invoices are to go to Accounts Payable. When a match exists between the invoice, receipt and purchase order, then payment will be scheduled in accordance with the payment terms. After entering your receipt in PeopleSoft, complete the vendor evaluation online TRAVEL Consultants who travel at the School District's expense are handled just like employees for reimbursement purpose. The same guidelines, policies (6.01) and statutes that apply to employee travel also apply to consultant travel. All reimbursable travel expenses for consultants must be documented by receipts for lodging, tolls, airfare, etc. to be eligible for reimbursement. Consultants may not be reimbursed for undocumented or unreasonable travel expenses (Revised 7/15)

5 13-7 EMPLOYEES AS CONSULTANTS Florida Statute prohibits an employee, acting in a private capacity, from providing services as a consultant to their agency. Your agency has been defined as your school or the District if you work in a Department or are a substitute teacher. Therefore, most times an employee may not work as a consultant. In certain circumstances, employees may be eligible to work as consultants at locations other than their school site when there is no conflict of interest or conflict with Board Policy 3.02, Code of Ethics. An example of this might be a teacher at School A who works as a DJ for an after school activity at School B (Revised 7/15)