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This guide provides information on common situations that require contracts, authorized signatories, contract templates, renewal limits, and the approval process for contracts in the Morena Valley Unified School District's Purchasing Department.
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Contracts Training Purchasing Department Carmen M. Ochoa, Purchasing Specialist
When is a Contract Required Common Situations that a contract is Required: Assemblies On-Site Trainings Speakers Mobile Petting Zoos Uncommon Situations when a contract is Required: • When Purchasing a product and the other party requires a contract to be signed • When Purchasing Software and the other party wants a Licensing Agreement signed
What Contracts Do Not Need to go to Board • ASB Funded Contracts/Agreements that are $10,000 AND UNDER • AB-1584 Agreements • Maintenance Agreements
Authorized Signatories • Individuals Authorized to Sign Contracts/Agreements: • CBO • Superintendent • Individuals NOT Authorized to Sign Contracts/Agreements • Principals • Assistant Principals • Directors • Coaches • Teachers
Contract & Amendment Templates All Contract Templates can be found on the “Contracts” tab of the Purchasing Page on the District Website Contracts – Purchasing – Moreno Valley Unified School District • Contract Checklist • Amendment to Contract • Consultant Services Agreement Under $5,000 • Consultant Services Agreement Over $5,000 • Associated Student Body (ASB) Contract
New Contract or Amendment to Contract Renewal Limits-Contracts for Services Renewal Limits-Contracts for Products May be Renewed for up to 2 additional years, for a total of 3 years under contract. • May be renewed for 4 additional years, for a total of 5 years under contract. • Annual contract need to be renewed before they expire, or else you need to submit a new contract. • Contracts for 1 day (or a couple of days) events cannot be renewed, a new contract need to be submitted when you want to use the service again the following year. • Just because you had a contract for the same service in a prior year, does not mean that it’s a renewal when they send you a new contract the following year (this happens with other public agencies a lot), if it is a renewal, they will send you a modification or an amendment, if they send you a completely new contract, it needs to be submitted as a new contract.
Timeline and Routing for Contract Board Approval • Contracts – Purchasing – Moreno Valley Unified School District
Using the other Parties’ Agreement • We Prefer to use our template, but in instances where we are using the other parties’ agreement, you do not need to submit both ours and theirs. • There should never be 2 agreements for the same thing, if we are using their agreement, you will just attach our contract checklist to it and add the applicable attachments.
Associated Student Body Contract (ASB) ASB Contract that are under $10,000 do not require board approval. ASB Contracts over $10,000 need board approval and the following forms: 1. Contract Checklist 2. Contract Checklist - Required Forms 3. Educational Services Approval required
Summary Page and Educational Services Approval Summary Page: A page that explains the how, what, when, where, and how much. Quick Summary/Recommended Action Summary Fiscal Implications “Oral Report Assigned to: Chief Academic Officer” Educational Services Approval: All contracts related to an educational activity/requirement must go through the Education Services Department for review and approval prior to arriving at Purchasing.
Criminal Record Check: If a consultant is providing services listed in Section (a) of Education Code Section 45125.1 or will be working with students one-on-one, unsupervised, they need a criminal records check.
Workers Compensation Insurance Certification (Not the same as Worker’s Compensation Insurance, but relates to it) Requires the vendor to certify whether they have employees or not. Ensures consultant maintains Workers’ Compensation Coverage during the contract term.
Insurance Requirements Every Consultant is required to have either Professional or General Liability Sexual Misconduct must be included in the General Liability if the vendor will be working directly with students, unsupervised. Cyber liability is only required from companies that will be storing our data on their technology relates products or services Worker’s Compensation insurance is required if the consultant has employees (their answer on the Worker’s Compensation Certification will tell you whether they need it or not) All areas must be checked off or enter “N/A” for Not Applicable. Every section explains what type of vendor needs to provide this service. See items highlighted in yellow. Consultant is required to maintain insurance coverage during the term of the contract. See section highlighted
Certificate of Insurance (COI) Issued by the vendor’s insurance agent/producer/carrier. Standardized form from the California Department of Insurance that provides a list of coverage, policy numbers, effective date, expiration date, coverage limits, any exclusions, and the additional insured name and address. This certificate is for informational purposes only, this is not a guarantee of coverage.
We’re required to obtain the Additional Insured Endorsement This is proof of coverage. Issued by the vendor’s insurance company. Includes the vendors policy number. Names the District as additional insured. Allows the District to file a liability claim directly with the vendors insurance company. Vendor’s insurance pays first, District’s insurance 2nd.
Certificate holder must be listed on the Certificate of Insurance as shown below:
Can the District be added as an additional insured? *Proof of personal auto liability insurance coverage is required when a vendor does not have commercial auto liability insurance. **A Waiver of Subrogation is to be requested from the WC insurance company to protect the District from being sued by the injured party for the same loss.
W-9 W-9 must be the most recent form issued by the IRS Make sure business name matches what’s on the Consultant Agreement. Make sure the vendor checks the box that applies to their business type. Ensure they enter a EIN or SS number. All W-9’s MUST be signed.
Your Key Contacts Herdes Belvin Ana Morton Handles all Secondary Education Contracts amorton@mvusd.net Ext. 17536 Handles all Elementary Education Contracts hbelvin@mvusd.net Ext. 17275
After Board Approval After board approval, the contracts need to be routed to the CBO for signature, then once they are received back in Purchasing, they all need to be scanned and uploaded to 1doc stop. A copy of the executed agreement will be sent to the requester and the consultant via email. Then pending requisitions will be approved. Please keep in mind that this process can take about a week, sometimes a little longer.
Obtaining Copies of Contracts • A copy of the contract will be attached to the requisition • A copy of the contract will be returned to the requester via email • Copies of contracts can also be obtained from www.1docstop.com • Contact Carmen M. Ochoa, cmochoa@mvusd.net for the login info.
Contract Requisitions Please enter your contract requisition as soon as you send your contract packet to Educational Services. Note that it will not be approved by Purchasing until after board approval, but at least it will have already made it through the other approvals.
Open Escape; click on the arrow to the left of “Requisitions” to bring down the sub categories; click on “Vendor Requisitions”
Click ‘New”; a selection box will open; select “Contract – 2018/19”
Comment: Enter a brief description of what the contract is for, for example, “Keynote speaker at Unity Conference.” • Category: What type of contract is this? • Goods and Services Category: Always choose “CONTRACTS (Contracts & Consultant Agreements)
Description: Enter – in detail – the services that are to be provided. • Do not just put “to pay an invoice” or “Joe Smith Contract”. • If you have the Agreement No., Board Approval Date, Term, and Amount, enter it as shown above, if not, then I will add it. (this is the same information that is on the contract listing)
Contracts Trainings • Purchasing will start conducting contracts trainings again at the Purchasing Office. • Please be on the look out for additional information on that.
Questions There is a FAQs sheet on the Contracts page, with answers to frequently asked questions Please feel free to email additional questions to cmochoa@mvusd.net
Thank you!! CMO 3-7-19