Independent Contractor Agreement
(Services over $600.00)
An independent contractor is someone who provides services that are unrelated to the employer’s primary business and who offers these services to the general public. An employee is someone for whom Palomar College, as an employer, controls what work is to be performed, when the work is performed and where the work is performed.
In order to hire an independent contractor you must first complete the Employee-Employer Questionnaire to determine if the company or individual meets the IRS standard of being a contractor vs. an employee of the District. No Independent Contractor Agreements will be processed if the completed Employee-Employer Questionnaire is not attached and approved by the Requestor’s Supervisor, Director, Dean or Vice President.
Outlined below is the process for classifying, engaging and paying independent contractors. Allow ample time in order to complete the process prior to obtaining the services of the independent contractor.
Step 1, Prior to engagement:
- Complete Evaluation of Evaluation of Employee-Employer Relationship Form
- If individual meets the requirements as an Independent Contractor, complete the Independent Contractor Agreement and obtain Independent Contractor’s signature
- Complete the Contract Review and Approval Form
- Obtain all the required signatures on all the required forms
- Attach and submit all forms listed above to Business & Contract Services for review and approval. Note: Forms received that do not have all the required information or missing signatures and/or signatory approval will be returned and delay the process.
- Once approved by the Vice President of Finance & Administrative Services, Business & Contract Services will return an electronic copy of the fully executed Independent Contractor Agreement and Employer-Employee Relationship Form to the individual who initiated the request.
Step 2, After receipt of fully executed independent contractor agreement:
- Retain copy of agreement and Employee-Employer Relationship Form for your files
- Complete on-line purchase requisition. Do not engage an independent contractor’s services until a purchase order has been processed.
- The Independent Contractor should provide you with a completed IRS Form W-9. You may scan the W-9 form and e-mail to firstname.lastname@example.org. The Purchasing Department will need this completed form prior to processing the purchase order.
- Insurance: If services to be performed are on campus, independent contractor should provide the Purchasing Department with a certificate of insurance. Scan and e-mail to email@example.com.
Step 3, Invoices & payment:
- Submit the contractor’s invoices to the District’s Accounts Payable Department and indicate the purchase order number on each invoice.