3312 - Contracts

1. Consultant/Independent Contractor
A consultant contract, as described herein, does not include contracts with companies or other firms which provide a product or service of the type normally obtained through a bid, quotation, or request for proposal process. Government agencies follow common law rules in determining whether a worker is an independent contractor or an employee. The law provides for the use of consultants/independent contractors when it is clear they can provide valuable and necessary specialized services not normally required on a continuing basis and which cannot be provided by other personnel because of experience or knowledge. Independent Contractors cannot be hired due to a lack of employees to complete a required project or to administer a project for which the Office has received funding and accepted responsibility.

A consultant/independent contractor works under a contract signed by both parties. Payments are based on invoice (s) submitted by the contractor and paid according to fiscal procedures. The County Superintendent of Schools does not take deductions for income tax, social security or other normal payroll deductions. Money paid to the consultant/independent contractor is reported to the IRS by the Office of the County Superintendent of Schools on a 1099 Form.

2. Service Contracts
Service contracts may include but are not limited to catering, training, maintenance, security, transportation, courier, and others as deemed necessary by the Purchasing/Contracts Department.

3. Supply/Equipment
A contract will be necessary and is included in the bid process for any supply or equipment if the purchase price exceeds the current bid limit (Public Contract Code §20111). Contact the Purchasing/Contracts Department for current bid limits.

4. Public Works
A contract will be necessary for any public works project done that exceeds the current bid limit. (Public Contract Code §20111).

5. Commercial Leases
A contract will be necessary for commercial leases. Commercial leases are initiated by the Facilities Planning and Construction Department.

6. Classroom Leases
A contract is necessary for classroom leases. Classroom leases are initiated by the Student Services Division.

7. Real Property
The lease, purchase, or sale of real property is approved by the San Bernardino County Board of Education. Upon approval, an escrow or other type of contract will be executed.

A purchase order in lieu of a contract will be developed and executed for all procurement of all services valued up to $10,000.00, unless specified above as needing a contract. Purchase orders will be signed by the designated authorized agent in accordance with corresponding dollar limits.

A formal written contract will be executed for contracts for services that exceed $10,000.00. This includes all state and federal grant-funded projects. All contracts, where appropriate, shall be submitted to the legal advisor of the Office of the County Superintendent of Schools for review as to form. All contracts shall be signed by the designated authorized agent in accordance with corresponding dollar limits.

Purchasing/Contracts Department reserves the right to require a written contract for services, regardless of the amount.

Approved: August 24, 1993
Revised: January 15, 2002
Revised: May 1, 2003
Revised: January 31, 2009