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Mira Costa College Foundation

By Roger Austin,2014-06-16 18:02
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Mira Costa College Foundation ...

    PERSONAL SERVICES CONTRACT for INDIVIDUAL EMPLOYED AS INDEPENDENT CONTRACTOR

    AGREEMENT & COMPLIANCE STATEMENT

    Development and Foundation Office

    1 Barnard Drive, m/s #7

    Oceanside, California 92056

    760-795-6777

Use of Foundation funds to pay individuals for their services requires the following completed and signed forms be

    submitted to the Development and Foundation Office:

    ? Agreement & Compliance Statement (2-page form) and IRS W-9 prior to work being performed

    ? Invoice from the independent contractor and a Check Request after work is performed

    Account Manager is responsible for defining the work the independent contractor is to do and providing information to

    properly classify them as independent contractors.

     Do not use this form if the individual you want to hire is an MCC employee instead, complete and submit a

    Personnel Requisition to the Development and Foundation office.

     Is the individual a relative or member of the household of a MiraCosta College employee or MCC Foundation

    Board member?________ If yes, contact our office prior to work being completed to ensure compliance with

    Conflict of Interest policies.

    Account Manager Name Name of Foundation Account

    Name of person being hired Social Security or Federal Tax ID

Business Name (if other than above)

    Address City State Zip Payments to nonresidents of California are subject to 7% withholding tax.

    Phone E-mail Position and description of services to be performed

Fee Amount Performance Date(s)

    I agree to perform the service described above at the fee indicated. I understand that I am not an employee of the

    MiraCosta College Foundation or MiraCosta College, and that it is the intent of the parties to enter into a relationship of an independent contractor and principal.

    Signature of individual being hired Date

    Account Manager: Check the conditions that apply to this hiring to ensure compliance with California Education Code.

     The contract is for new Foundation functions and the Legislature has specifically mandated or authorized the performance of

    the work by independent contractors.

     The services contracted are not available within the Foundation cannot be performed satisfactorily by employees, or are of

    such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available

    through the Foundation.

     The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion,

    known as "service agreements," shall include, but not be limited to, agreements to service or maintain office equipment or

    computers that are leased or rented.

    Complete pages 1 & 2 and submit to Foundation Office m/s 7. Thank you. 1

     PERSONAL SERVICES CONTRACT for INDIVIDUAL EMPLOYED AS INDEPENDENT CONTRACTORAGREEMENT & COMPLIANCE STATEMENT

    Development and Foundation Office

    1 Barnard Drive, m/s #7

    Oceanside, California 92056

    760-795-6777

    The policy, administrative, or legal goals and purposes of the Foundation cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect

    against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a

    different, outside perspective.

     The nature of the work is such that the criteria for emergency appointments apply. "Emergency appointment" means an

    appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of

    public business or because of the limited duration of the work.

     The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the

    Foundation in the location where the services are to be performed.

     The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under

    the Foundation’s regular or ordinary hiring process would frustrate their very purpose. Account Manager: Check the conditions that apply to this hiring to ensure compliance with the IRS 20 Common Law Factors that determine if a worker is an independent contractor or employee.

    No Instructions: Contractor may be provided job specifications, but will not be required to follow or be furnished with instructions to accomplish the job.

    No Training: Contractor will not receive training and uses independent methods to accomplish the job.

    Services do not have to be rendered personally: Contractor is being hired to provide a result and will have the right to hire others to do the actual work.

     Work not essential to employer: Employer’s success or continuation doesn’t depend on the services of the contractor.

     Own work hours: Contractor will set his/her own work hours.

     Not a continuing relationship: If contractor is hired, it will be at irregular intervals, on call, or whenever work is available.

     Control of their own assistants: Contractor may hire, supervise and pay assistants independent of employer

     Time to pursue other work: Contractor may pursue other work and may work for other employers simultaneously.

    Determines job location: Contractor controls where work is performed and if employer location, will not be directed or supervised.

    Set order of work: Contractor determines order and sequence of job

    No interim reports: Contractor is being hired for the final result and will not be asked for progress or interim reports.

    Paid by the job: Contractor is paid by the job, not by time. Compensation is negotiated in advance of the job.

    Business expenses: Contractor is responsible for incidental, special, or travel business expenses.

    Tools and Equipment: Contractor furnishes their own tools.

    Can work for multiple firms: Contractor can work for more than one firm at a time.

    Has made a significant investment: Contractor can perform services without employer facilities, equipment, office furniture, copiers, computers, etc.

    Offers services to the general public: Contractor can prove that the services provided are made available (i.e. advertised) to the to the general public

    Profit or Loss: Contractor can make a profit or loss as a result of their services.

    Limited right to fire: Contractor can’t be fired so long as they produce a result which meets contract specifications.

    No compensation for non-completion: Contractor is responsible for satisfactorily completed services; no compensation for non-completion.

Based on the criteria above, it is my determination that the desired service should be most properly obtained

    from a hired contractor and that the independent contractor proposed herein meets California Ed. Code and

    IRS standard definition of same.

_______________________________________________________________________________________

    Signature, Account Manager Date

_______________________________________________________________________________________

    Signature, Linda Fogerson, Executive Director, MCC Foundation Date

    Complete pages 1 & 2 and submit to Foundation Office m/s 7. Thank you. 2

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