University Corporation

Independent Contractor

Visit Independent Contractor Page For Individual Services-Non Employee Compensation

Corporation Contracts and Process

Services provided to the Corporation by outside parties require a service agreement and insurance requirements to be met before work can start. Below are the contract process and agreement templates.

Please send all agreements to Nancy Ayala for processing: nayala@csumb.edu

All contracts MUST include the following docs:

• Scope of Work or Proposal or Quote - provided by Contractor
• Certificate of insurance with the limits requested on the agreement - provided by Contractor's insurance company
• Additional insureds Endorsement to be included with the certificate of insurance - provided by Contractor's insurance company
• If this is a new contractor, include the VDR 204 form

Contract Process

When creating a contract/service agreement, it is essential to follow the contract flow guidelines:

• Begin drafting during the planning stages of the event/activity

• Always start with contract templates (located below)

• Send contract to the vendor for review and signature. If the vendor is new, also send the "Vendor Data Record 204 Form" (located below)

Certificate of Insurance AND additional insureds endorsement is required for all agreements with the limits specified in the contract. Please note: These are TWO separate documents provided by the Contractor's insurance company.

Additional Insureds Endorsement Requirements:

The contractor is required to provide an additional insured endorsement for the General Liability policy, and if Business Automobile insurance is required, for the business insurance coverage.

The additional insureds are to be named as follows: University Corporation at Monterey, Otter Student Union, Foundation of California State University Monterey Bay, the State of California, the Trustees of The California State University, California State University, Monterey Bay, and employees, officers, directors, volunteers, and agents.

To request to waive the insurance requirements, Department staff are to complete the "Risk Identification Form" (located below). If the waiver is approved, the Contractor must submit the "Hold Harmless Agreement Form" instead of the insurance documents (located below). Forms must be received by Corporation at least 3 weeks before event/service to be carefully considered and approved, if possible.

For E&IT purchases, submit an IT Contract Approval ticket with the vendor-supplied VPAT and HECVAT attached for accessibility and security review. Once this process is complete, the rest of the purchase may continue.

• Route contract for appropriate signatures
  • Be aware, this process usually involves multiple signatures and/or multiple offices. Allow for sufficient time

• ALL contracts/service agreements are to be signed by one of two Corporation officials:
  • Executive Director  of the University Corporation at Monterey (Glen Nelson)
  • Associate Executive Director

Purchase Order requirements

Please refer to the Payment Matrix to determine if a PO is required

Modifications to agreement legal language

All requests to modify legal terms in the agreement may be done in the Scope of Work/Exhibit A portion of the contract. All modifications must be approved AND signed by the Corporation prior to getting the remaining signatures.

Process after the agreement has been signed by all parties:

• Corporation sends a PDF of the fully executed agreement to the requesting department
• The requesting party sends a copy of the agreement to the Contractor
• The requesting party notifies the Contractor to proceed with the work
  
  

Contract Templates

Service Agreement

Service Agreement for Independent Contractors

As of January 1, 2020, Independent Contractors must complete the IC questionnaire to determine whether they are employees or independent contractors due to AB5.

Understanding California Assembly Bill 5 (AB5)

Any time a person is to be paid for services the Corporation must determine the person’s status prior to engaging the person, particularly with the narrowing requirements and scrutiny of California AB 5, effective January 1, 2020. Under AB5, a worker is properly classified as an independent contractor where three conditions are met (IC Questionnaire located below).

Certain businesses may be exempt from the AB5 requirements, such as doctors, dentists, psychologists, insurance agents, stockbrokers, lawyers, accountants, engineers, and real estate agents, as they are seen to generally directly work with and set their prices to customers.

All independent Contractor's agreements must have the IC questionnaire in order to be processed.

Contract related documents

Risk Identification Form- revised 09/2019

Waiver and Release of Liability

Vendor Data Record - VDR Form 204 (updated 05.07.19) 

Under required docs section, please add:

For Electronic and Information Technology (E&IT) purchases, you will need:

• VPAT - provided by Contractor
• HECVAT - provided by Contractor