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Contract Guidelines
 

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Contract Request Forms
(RFC & RFA)

 Process & Procedures Icon

Process & Procedures
 

 

 

 

Guidelines

The Board of Trustees requires Requesters to complete and submit a Request for Contract form (RFC) or Request for Contract Amendment Form (RFA) to purchasing@avc.edu for transactional-related contracts, renewals, amendments MOUs, non-standard contracts, review and/or negotiation, etc.  

The 3 main goals of the RFC and RFA is to:

  1. Allow the administrative staff in the requested department to review the request to ensure that it is consistent with the mission and goals of the District;
  2. Provide necessary details of the agreement so the Purchasing & Contracts department can draft/review the agreement; and
  3. Allow for review and approval by specific areas to ensure District standards or policy are met (IT, Marketing, Auxiliary, Facilities).

Education Code 81644

Continuing contracts for work to be done, services to be performed, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for the district, or for materials or supplies to be furnished or sold to the district may be made with an accepted vendor as follows: for work or services, or for apparatus or equipment, not to exceed five years; for materials or supplies, not to exceed three years.

AB5

On September 18, 2019, the CA legislature passed AB5 amending Labor Code Section 3351, and adds Section 2750.3; and amends the Unemployment Insurance Code Sections 606.5 and 621 relating to employment.  On September 4, 2020, the CA legislature passed AB2257, an act to add Article 1.5 (commencing with Section 2775) to Chapter 2 of Division 3, to repeal Section 2750.3 of the Labor Code, to amend Sections 17020.12 and 23045.6 of, and to add Sections 18406, 21003.5, and 61001 to the Revenue and Taxation Code relating to employment.

The purpose of the AB5 checklist is to assist in the determination of employee or independent contractor status.  Federal and State law places the burden of proof on the employer to show that an independent contractor relationship exists.

 

 

 

Request Forms

To begin your request, download one of the following forms.  Forms must be typed and sent through Adobe Sign for Signature!

*After downloading into word, you can edit the document by either hitting "Esc" on your keyboard
       or "View" on the toolbar and then "Edit Document."

 

The following are boilerplates available to the District (but not limited to):

  • Consultant Services Agreement - Per AP6370, Consultant Services are of an advisory nature, provide a recommended course of action or personal expertise, and has a product, which is basically a transmittal of information either written or verbal.
  • Independent Contractor Agreement - An independent contractor is not an employee and is not under the control of the District.  In general, an independent contractor is an individual with a specific skill or technical knowledge hired by means of a written agreement to perform a particular job for a designated period of time.  A District employee should not be employed as an independent contractor.  The IRS scrutinizes the returns of individuals who receive both a W-2 Form and a 1099 Form in the same calendar year from one employer.  If a District employee is hired to perform a service outside the scope of their normal duties, he/she must be paid through the payroll process. See AP6370.
  • Professional Services Agreement - For special services and advise in financial, economic, accounting, engineering, legal or administrative matters per Cal. Gov. Code: 53060 and AP6370.  They must be specially trained, experienced and competent to perform the services required.
  • Performer/Lecturer Agreement  - A standard release of liability agreement. Should be used only for performers for theatrical events, musicians, Lecturers, Officials/referees of sporting events.  Used for a single or short event timeframe.
  • Services Agreement - Per AP6370, for the purchase or maintenance of ITS systems and equipment, telecommunication equipment, supporting software and related materials, goods and services.  Agreement includes language that covers preventative maintenance and warranty.

 

 

 

Process & Procedures

For step-by-step instructions (timelines, board communication requirements, etc.), download:

  • Request for Contract Flowchart (revised 11/1/2021)

  • AVC Procedures for Contracts (Coming soon)

  • Board Agenda Item Template for Agreements (revised 8/9/18)
    Attachments to include original agreements and any executed amendments.

    • When is a Board Agenda Item needed:
      • Contract has no monetary value

      • Contract total is $25K or greater 

      • Contract amendment which increases the contract total to $25K or greater

      • Revision agenda item when significant errors were made on original agenda item.  For example, if the original agenda item included the wrong term, wrong amount, and/or wrong contract (if contract T&Cs are updated, a revision is not needed), a revision agenda item is required.

    • When is a Board Agenda Item NOT needed:

      • Contract total less than $25K (Contract is approved via the Purchase Order Schedule)

      • Contract amendment which increases the contract total to less than $25K

      • Funding Changes

      • Term Changes

      • Scope Changes