Every student. every classroom. every day. Professional Services Contracts Overview and Current...
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every student. every classroom. every day.
Professional Services Contracts
Overview and Current Processes
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every student. every classroom. every day.
Presentation Overview
Today we will explore:• Definition of professional services
contract• Four main types of contracts• Eight steps to enter a standard
professional services contract
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every student. every classroom. every day.
Definition
A Professional Services Contract is a formal agreement between the District and an individual or agency.
Contracts are used to purchase a service (as opposed to a tangible good) from an external service provider.
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every student. every classroom. every day.
Basic Statistics
Year to Date Data (7/1/08-3/2/09)
Number of contracts 1158
Dollar value $43,053,220
Number of originators ~180
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every student. every classroom. every day.
Funding Resource
General Purpose8%
Title 18%
Special Education24%
GO Bonds Measure A8%
TIIG Block Grant1%
SIP Block Grant0%
Economic Impact Aid1%
Economic Impact Aid - Limited English Proficiency
1%
Measure E6%
Other18%
After School (21st Century and Prop 49)
25%
Data from IFAS 7/1/08 - 3/2/09
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every student. every classroom. every day.
Types of Contracts
There are four distinct types of contracts, each with a different approval process.
1. Standard Professional Services Contract: Used for almost 90% of all contracts and focus for today.
2. Facilities Contract3. After School Lead Agency MOU4. Programs for Exceptional Children Non-
Public Schools and Agencies Master Contract
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every student. every classroom. every day.
Overview of Contracts Process
1. Need Identified
2. Contractor Selected
3. Terms Negotiated
4. Contract Generated
5. Contract Approved
7. Work is Performed
8. Invoice Submitted and Payment Made
6. Purchase Order Issued
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every student. every classroom. every day.
1. Need Identified
A principal or manager identifies a need for a consultant service.
In general this need should be either:1. Time Limited Project (not ongoing
work)2. Work Requiring Specialized Skill Set
(such as dance instructor in after school program)
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every student. every classroom. every day.
2. Contractor is Selected
Contractors are selected by the principal or manager originating the contract.
List of Preferred Vendors Instructional Services maintains a list of recommended vendors with information about their services on the intranet.
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every student. every classroom. every day.
3. Negotiation
The principal or manager negotiates directly with the contractor. Together they agree on:
1. Scope of Work – Cannot overlap with bargaining unit work.
2. Dates of Service – Work cannot begin until after contract is approved and most contracts cannot span multiple fiscal years.
3. Hourly Rate of Pay – Must be within OUSD Billing Rate Guidelines.
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every student. every classroom. every day.
4. Generation of Contract
The principal or manager (or typically their support staff) uses contract template to create the contract. The template is a PDF form found on the intranet.
In February a new version of the template that could be saved was made available.
The packet includes:– Board Memo– Approval Routing Form– Formal, legal contract– Place to identify funds and
requisition that reserves budget
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every student. every classroom. every day.
Generation of Contract Cont.
The contract packet requires four attachments:
Attachment Description
1 Proof of Insurance All agencies must provide proof of general liability and workers compensation insurance. Independent consultants with contracts over $50,000 must provide proof of general liability insurance.
2 Proof of Background Clearance
Agencies must provide list of employees working on site with fingerprint clearance date. Independent consultants must complete the HRSS Pre-Consultant Screening Process, which includes fingerprinting.
3 Statement of Qualifications
Resume or work history.
4 Proof of Negative TB Status
Agencies certify that this documentation is on file for staff. Independent consultants provide documentation from their health care provider.
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every student. every classroom. every day.
5. Approval Process
Please refer to handout
Contract Approval Timeline• Contracts Requiring
Board Approval: 6 weeks*• Contracts Eligible for
Board Ratification: 3 weeks*
*Plus one week for processing time to issue PO.
Principal or Manager Initiates Contract
Is the funding source restricted?
Resource Manager (i.e. State and Federal or After School)
Reviews to see that it is a compliant use of funds and has been approved by School Site
Council
Network or Department Executive OfficerReviews scope of work to see if aligns with needs
of school or department
Member of CabinetReviews for appropriate use of consultant (i.e. Should this be an employee position?)
Is vendor over $72,400 for the fiscal year?
Superintendent Reviews
Board of Education Approves
Procurement Does final check that contract
requirements have been met and issues PO
Superintendent Approves
Procurement Does final check that contract
requirements have been met and issues PO
Board of Education Ratifies
Yes
No
YesNo
Page 1
Current Professional Services Contract Approval Process – Paper Based**Boxes that are bolded are approved on paper and electronically in IFAS
Using the OUSD template contract?
Legal DepartmentReview requested non-
standard contract language
No
Yes
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every student. every classroom. every day.
6. Purchase Order Issued
Last check of requirements (fingerprint, insurance, etc.)
Generate PO in IFAS Notify principal or manager via email Send letter to consultant
After the contract is approved, Procurement processes the purchase order (PO):
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every student. every classroom. every day.
7. Work Performed
Performance is monitored by the principal or manager.
Consultants can be released at any time.
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every student. every classroom. every day.
8. Invoice Submitted and Payment Made
1. Invoice Submitted: Consultants submit their invoice to the principal or manager.
2. Work Verified: The principal or manager signs the invoice indicating the work was performed and forwards the invoice to Accounts Payable (often the consultant drops invoice off at Accounts Payable).
3. Invoice Paid: Accounts Payable pays the invoice using the funds in the PO. Invoices are paid twice a month, according to the AP calendar.
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every student. every classroom. every day.
Variations to Contract Process
There are three types of services that require a different contract template and approval process:
1. After School Lead Agency MOU2. Programs for Exceptional Children
Non-Public School (NPS) and Non-Public Agency (NPA)
3. Facilities
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every student. every classroom. every day.
After School Lead Agency MOU
Service: After School Lead Agencies administer after school programs at partner sites.
Reason for Variation: The nature of this service requires additional terms in the Memorandum of Understanding, such as Field Trip policy and attendance taking procedures. Page 1
After School Lead Agency MOU Approval Process – Paper Based**Boxes that are bolded are approved on paper and electronically in IFAS
School Site Identifies lead agency for coming academic year
After School ProgramsGenerates MOU using template contract
Lead AgencyCompletes required attachments with principal,
obtains principal signature
After School Program OfficeCreates requisition after funds are loaded in
early July
PrincipalApproves requisition in IFAS
Legal Review
ProcurementFinal check of contract requirements and issue
PO
Network Executive Officer Review
Member of Cabinet Review
Board of Education Approve
Electronic approval
Paper approval
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every student. every classroom. every day.
Programs for Exceptional Children NPS and NPA Master
Contracts
Service: NPS’s and NPA’s provide services to students with exceptional needs that cannot be met through District Programs.
Reason for Variation: OUSD is part of a nine district consortium that uses the same contract, master contract structure and negotiated rates.
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every student. every classroom. every day.
Facilities Contracts
Services: Non-construction facilities related services, such as architects.
Reason for Variation: Requirements for vendors are slightly different. Facilities also has a different structure than other departments and is able to streamline the generation of contracts.