Contracts and You Contracts and You
Jan 07, 2016
Contracts and You Contracts and You
Contracts And You Contracts And You
What is a Contract?What is a Contract?
When do I need a When do I need a Contract?Contract?
What Needs to be in a What Needs to be in a Contract?Contract?
Life of a Contract: Life of a Contract: Conception to PaymentConception to Payment
Contract Packet for Contract Packet for SubmissionSubmission
Board Policy and Board Policy and Administrative RegulationsAdministrative Regulations
How to Void or Cancel a How to Void or Cancel a ContractContract
Mystery ContractsMystery Contracts
Reminders Reminders
Frequently Asked QuestionsFrequently Asked Questions
ContractsContracts
What is a Contract?What is a Contract?
A Rose by Any Other A Rose by Any Other Name… Name…
Contract go by many namesContract go by many namesAgreement Agreement
Quote for Service Quote for Service
Work OrderWork Order
Confirmation Order Confirmation Order
Purchase Agreement Purchase Agreement
Service RequestService Request
MOU – Memorandum MOU – Memorandum of Understandingof Understanding
Any document that Any document that requires a signature requires a signature to begin Work/ to begin Work/ Service/ Delivery Service/ Delivery
Remember If it looks Like a Duck, Walks Like a Duck, Remember If it looks Like a Duck, Walks Like a Duck, it is a Duckit is a Duck
What is a contract? What is a contract?
QuestionsQuestions
When do I need a When do I need a Contract?Contract?
Services – Non TangiblesServices – Non Tangibles Examples of services Examples of services
Bus RentalsBus Rentals RepairsRepairs SpeakersSpeakers Outside PrintingOutside Printing AdvertisingAdvertising CateringCatering ConsultantsConsultants PerformersPerformers Meeting Room Rental Meeting Room Rental RentalsRentals Maintenance AgreementMaintenance Agreement Most 5000 ObjectMost 5000 Object
Code Expenditures Code Expenditures
5000 Object Code5000 Object Code
Most service funded through the 5000 object code Most service funded through the 5000 object code require a contract require a contract
Review Chart of Accounts found on the district web site Review Chart of Accounts found on the district web site
www.sbccd.orgwww.sbccd.org
Click on Purchasing Click on Purchasing
Click on Chart of Accounts Click on Chart of Accounts
Chart of AccountsChart of Accountswww.sbccd.org
When do I need a Contract?When do I need a Contract?
QuestionsQuestions
What informational What informational pieces need to be in a pieces need to be in a
contract?contract?
Contract ElementsContract Elements The Names of the contracting partiesThe Names of the contracting parties
San Bernardino Community College District for SBVC or CHC San Bernardino Community College District for SBVC or CHC CampusCampus
Contractor NameContractor Name
Date the Service is to be preformedDate the Service is to be preformed
Cost of Service Cost of Service
A detailed description of services to be performedA detailed description of services to be performed
Signature of Contractor and District Signature of Contractor and District Sometimes it is just the District Signature that is requiredSometimes it is just the District Signature that is required
Contract Elements Cont.Contract Elements Cont.
Insurance Insurance District requiring a Certificate of insuranceDistrict requiring a Certificate of insurance
Contractor Requiring a Certificate of Contractor Requiring a Certificate of Insurance from the DistrictInsurance from the District
Note this will be cover in detail the Contract Note this will be cover in detail the Contract Submission Section Submission Section
What informational What informational pieces need to be in a pieces need to be in a contract?contract?
QuestionsQuestions
Life Cycle of a ContractLife Cycle of a Contract
ConceptionConception
toto
PaymentPayment
Cont:Cont: DepartmentDepartment Generate contract with contractor/vendorGenerate contract with contractor/vendor
If new contractor/Vendor a Vendor Application must be completed If new contractor/Vendor a Vendor Application must be completed by Contractor/Vendor by Contractor/Vendor
Process purchase requisition for the full amount of the contract Process purchase requisition for the full amount of the contract valuevalue
Review contract check list for completionReview contract check list for completion
Complete contract coversheet then print from web page and attach Complete contract coversheet then print from web page and attach to contract packetto contract packet
Submit contract coversheet notification on web pageSubmit contract coversheet notification on web page
Send complete contract packet to Business Services for processingSend complete contract packet to Business Services for processing
Cont: Business ServicesCont: Business Services Contract packet reviewed for completeness Contract packet reviewed for completeness
Check for valid purchase requisition Check for valid purchase requisition
Check for original contractor’s signatureCheck for original contractor’s signature
Check for contractor’s contact informationCheck for contractor’s contact information
Check for department’s contact informationCheck for department’s contact information
Check contract language for liabilitiesCheck contract language for liabilities
If the contract is associated with a Campus or Department If the contract is associated with a Campus or Department Event, check for event Board Approval Date (Health Fair, Event, check for event Board Approval Date (Health Fair, Spring Fling, Catering and etc)Spring Fling, Catering and etc)
Cont: Business ServicesCont: Business Services
Prepare Contract for Board Approval Prepare Contract for Board Approval Enter contract in data baseEnter contract in data base
Send routine contract list to Board for Send routine contract list to Board for approval approval
After the Board approves contract, the After the Board approves contract, the contract is sent to the Business Manager for contract is sent to the Business Manager for signature.signature.
Cont: Business ServicesCont: Business Services
After the Board Approves the ContractAfter the Board Approves the Contract
Contracts are distributed to various partiesContracts are distributed to various parties One original is filed with Business ServicesOne original is filed with Business Services
One original is sent to the originating DepartmentOne original is sent to the originating Department
One original is sent to Contractor One original is sent to Contractor
A photo copy is sent to Accounts PayableA photo copy is sent to Accounts Payable
Cont: ContractorCont: Contractor
Contractor then performs service Contractor then performs service
Contractor invoices District for servicesContractor invoices District for services Invoice must have the purchase order number referenced Invoice must have the purchase order number referenced
on the invoiceon the invoice Invoice should reference the employee contact name Invoice should reference the employee contact name
(example: Jane Smith, Grounds CHC)(example: Jane Smith, Grounds CHC)
All invoice are sent to :All invoice are sent to : Accounts Payable – SBCCD Accounts Payable – SBCCD 114 South Del Rosa Drive 114 South Del Rosa Drive San Bernardino CA, 92408San Bernardino CA, 92408
Cont: Accounts PayableCont: Accounts Payable
Accounts Payable receives invoice from Accounts Payable receives invoice from vendorvendor
Accounts Payable matches invoice to PO Accounts Payable matches invoice to PO and contract and contract
Accounts Payable send invoice to Accounts Payable send invoice to department for approval department for approval
Cont: DepartmentCont: Department
Invoice is received by department Invoice is received by department
Invoice is reviewed for accuracy and Invoice is reviewed for accuracy and completion of services completion of services
Invoice is signed “OK to Pay” by responsible Invoice is signed “OK to Pay” by responsible center manager and datedcenter manager and dated
Invoice is sent to Accounts Payable for Invoice is sent to Accounts Payable for payment processingpayment processing
Cont: Accounts Payable Cont: Accounts Payable
Approved invoice is received by Accounts Payable Approved invoice is received by Accounts Payable Department Department
Invoice is placed in to the queue for processing Invoice is placed in to the queue for processing
Invoice is processed for payment through District Invoice is processed for payment through District Financial ServicesFinancial Services
If Invoice is chosen for audit, this can delay payment If Invoice is chosen for audit, this can delay payment for 10 to 30 days after Accounts Payable has submitted for 10 to 30 days after Accounts Payable has submitted the invoice for payment to District Financial Services the invoice for payment to District Financial Services
Cont: Accounts PayableCont: Accounts Payable
Payment is released from District Financial Payment is released from District Financial ServicesServices
Warrant is sent to Accounts Payable for final Warrant is sent to Accounts Payable for final processingprocessing
Warrant is mailed to contractorWarrant is mailed to contractor
Note: Contractor may not pickup warrantNote: Contractor may not pickup warrant
Submitting a ContractSubmitting a Contract
Business ServicesBusiness Services
Contract Check ListContract Check List Three Original Contracts signed by ContractorThree Original Contracts signed by Contractor
Funding Source: Budget NumberFunding Source: Budget Number
Contract starting and ending dateContract starting and ending date
Name and phone number of employeeName and phone number of employee This must be a contract employee (permanent)This must be a contract employee (permanent)
Department, Division, Club or Trust generating the Department, Division, Club or Trust generating the contractcontract
Certificate of Insurance (If required)Certificate of Insurance (If required)
Contract Check ListContract Check List
Insurance Insurance District requiring a certificate of insurance:District requiring a certificate of insurance:
A Certificate of Insurance is required, showing A Certificate of Insurance is required, showing that the person or organization contracting with that the person or organization contracting with us is covered by Public Liability Insurance in an us is covered by Public Liability Insurance in an amount not less than $1,000,000 listing the amount not less than $1,000,000 listing the District as an Additional insuree District as an Additional insuree
Contract Elements Cont.Contract Elements Cont.
Insurance continuedInsurance continued Contractor Requiring a Certificate of Contractor Requiring a Certificate of
Insurance from the DistrictInsurance from the District
Complete a request for COI form located on the Complete a request for COI form located on the District web site under Fiscal Service, then under District web site under Fiscal Service, then under Business Services Business Services
www.sbccd.orgwww.sbccd.org
COI Request FormCOI Request Form
Contract Check ListContract Check List Contractor’s mailing address, phone number and Contractor’s mailing address, phone number and
contact person contact person
If the contract is associated with an event the date of If the contract is associated with an event the date of the Board approval of this event must be included the Board approval of this event must be included
If contract required a Certificate of Insurance (COI) If contract required a Certificate of Insurance (COI) from the District a Request for COI form must be from the District a Request for COI form must be completed and attachedcompleted and attached
A Financial 2000 PR numberA Financial 2000 PR number
If Funded through a Club or Trust account, a copy of If Funded through a Club or Trust account, a copy of the signed CBO request and minutes approving the the signed CBO request and minutes approving the purchasepurchase
Contract Cover SheetContract Cover SheetComplete Contract Cover PageComplete Contract Cover Page
Board Policy/Administrative Board Policy/Administrative Regulations 6340 and 6330Regulations 6340 and 6330
Contract 6340Contract 6340 All contracts must be approved by the Board of All contracts must be approved by the Board of
TrusteesTrustees
Contracts can only be signed by a Board approved Contracts can only be signed by a Board approved authorized signatoryauthorized signatory
Purchase 6330 Purchase 6330 Only the District has the authority to purchase goods Only the District has the authority to purchase goods
and services and services
Board Policy/Administrative Board Policy/Administrative Regulations 3760ARRegulations 3760AR Refreshments and MealsRefreshments and Meals
When do you need the Expense ApprovedWhen do you need the Expense Approved When the cost excesses $500When the cost excesses $500 Any time you feed Students or Non-employeesAny time you feed Students or Non-employees
Board Approval is needed prior to the day of the Board Approval is needed prior to the day of the activity, meeting, or conference, workshop, event activity, meeting, or conference, workshop, event and etc. and etc.
This is a separate approval from the contract This is a separate approval from the contract approval for the catering. approval for the catering.
Voiding or Voiding or Canceling a ContractCanceling a Contract
Canceling a ContractCanceling a Contract
Canceling or Termination of a contract Canceling or Termination of a contract
Review contract for cancellation clauseReview contract for cancellation clause Review for terms and conditions of contract Review for terms and conditions of contract
terminationtermination
Contact Business ServicesContact Business Services Official notice to cancel a contract must be sent Official notice to cancel a contract must be sent
from the Business Services Officefrom the Business Services Office
Voiding A ContractVoiding A Contract
Contact Business ServicesContact Business Services
Questions we will ask youQuestions we will ask you Has the contract been signed by District?Has the contract been signed by District? Has work begun?Has work begun? What is the reason for voiding the contract? What is the reason for voiding the contract?
Mystery ContractsMystery Contracts
Contracts that have no Contracts that have no information sent with information sent with them. them.
A packet with just the A packet with just the contractcontract
A fax of a fax Contract A fax of a fax Contract that can not be readthat can not be read
Remember Remember If you sign a contract, you get to If you sign a contract, you get to
write the check write the check
No contracted services may No contracted services may begin prior to District and/or begin prior to District and/or Board ApprovalBoard Approval
No goods or services may be No goods or services may be ordered prior to District Approvalordered prior to District Approval
Invoices Invoices Reminder – Do not send to Reminder – Do not send to
Business Services Business Services Invoices, bills or Performa Invoices, bills or Performa InvoicesInvoices
All Invoices go to Accounts All Invoices go to Accounts Payable Payable
Accounts Payable pays Accounts Payable pays bills bills
I have seen their job and I I have seen their job and I don’t want itdon’t want it
Contracts and YouContracts and YouThank you for AttendingThank you for Attending
The Floor is Now Open for QuestionsThe Floor is Now Open for Questions