Contract Services Agreement - East Side Union High School District Page 3
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811. Does the individual operate an independent trade or business that is available to the general
public?
A determining factor in judging independence is the performance of services to the general
public. In evaluating this criteria, the District is considered to be a separate entity. Keep in
mind: if the District is using this individual’s services on a full-time basis, the individual is not
available to the general public.
12. Does the individual have a substantial investment in his/her business, i.e. maintains a facility,
equipment, etc.?
This is indicative of economic risk inherent in business enterprises. An independent contractor
must be able to make a profit or sustain a loss.
If either 11 or 12 are "NO", the individual is a district employee STOP HERE and process
the individual through Human Resources and payroll.
If 11 and 12 are both "YES", continue...
13. Does the individual provide all materials and support services necessary for the performance of
this service?
The District should not be providing office space on a regular basis, clerical, secretarial, or
other support for the individual such as materials, copying, printing, office supplies, etc. Any
necessary assistance should be provided by the individual.
14. Is this individual paid by the job or upon completion and acceptance of the work as a whole or
milestones identified in the contract?
15. Does the individual bear the cost of any travel and business expenses incurred to perform this
service?
Generally the individual will pay the cost of any travel and business expenses incurred to
perform the work. However, some agreements may be made to provide for payment of airfare,
mileage, etc. for consultants.
If 11 and 12 are "YES", 13 through 15 should also be "YES" and are items that should be
written into the Independent Contract.
This individual is an Independent Contractor. A "YES" on questions 13 through 15
supports the district's conclusion and substantiates a "reasonable basis" for treatment as
independent contractor. While there is circumstances where the district may pay
contractually provided expenses, these should be kept at a minimum to avoid giving the
impression of an employment relationship.
By signing below, Contractor and Program Manager attest that they have reviewed District guidelines and certify
that the information above is true and correct.
Contractor Signature___________________________________________________ Date___________________
Program Manager Signature_____________________________________________ Date ___________________
Please attach questionnaire to completed Contract Services Agreement form and send to the Business Office.
(mdc 4/01)
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