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Independent Contractor Clause - DOC

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					                     DEPARTMENT OF HUMAN SERVICES

                                  PROCEDURE
                                            for
                          DOP CERTIFICATION FORMS

Certification for Personal Services Agreements (“Long Form”)
 If the contract does not fall under the Personal Services Waiver Letter
 If the contract is not Waived

1. Complete the form.
   The form is available on the State Controller’s Web page -
   http://www.state.co.us/dhr/pubs/docs/contracts/cert.pdf

2. Forward the form and a copy of the contract (specifically the Scope of Work, the
   Independent Contractor Clause, the term and the dollar amount) to HR - Peggy
   ValdezOlivas or her designee. HR will accept fax or e-mail. HR will sign the form
   and return it to the program.

   Peggy ValdezOlivas – Phone: 303.866.7127
                        Fax: 303.866.7121
                        E-mail: Peggy.ValdezOlivas@state.co.us


3. The signed form (either original signature or a faxed copy) is to be included with the
   other documents required when submitting a contract to Contracts Management.


Personal Services Certification for Contract Modifications (“Short Form”)
 Anytime a modification is made to a contract – even if the original contract fell under
   the Personal Services Waiver Letter
 Anytime a modification is made to a contract – even if only the Scope of Work is
   changing and the dollar amount does not.

1. Complete the form.
   The form is available on the State Controller’s Web page -
   http://www.state.co.us/dhr/pubs/docs/contracts/modi%20cert.pdf

2. Forward the form and a copy of the contract (specifically the Scope of Work, the
   Independent Contractor Clause, the term and the dollar amount
3. .) to HR - Peggy ValdezOlivas or her designee. HR will accept fax or e-mail. HR will
   sign the form and return it to the program.

   Peggy ValdezOlivas – Phone: 303.866.7127
                        Fax: 303.866.7121
                        E-mail: Peggy.ValdezOlivas@state.co.us

4. The signed form (either original signature or a faxed copy) is to be included with the
   other documents required when submitting a contract to Contracts Management.
E-mail from Peggy ValdezOlivas


Hi, Maggie. Thank you for sharing my input with the group.

At the risk of sounding bureaucratic and killing far too many trees, I must tell you that we
have found that it is much easier for Human Resources to approve the contracts/p.o.'s
when a copy of the contract is attached to the certification form. It will also be easier to
defend our decisions (approvals) when DPA audits us. Often, the information contained
in the cert form doesn't provide enough detail to identify the criteria the contract meets.
One or two sentences won't always give us a clear picture of the scope of work. As a
result, we spend a great deal of time calling the requestor and documenting additional
information that is already contained in the contract. Additionally, we are required to
certify that the contract contains the "independent contractor" clause and that is
impossible to do without seeing a copy of the contract. In those cases where the
contract is incredibly lengthy (e.g., 50 pages), the requestor could send a copy of the
scope of work section and the independent contractor clause to supplement the
certification form.

We are willing to accept the contracts via fax (303-866-7127) or e-mail. We are open to
whatever means will expedite the review.

I am happy to report that we now have four other Human Resources Specialists who
have attended the training given by Joi, so more people are available to review the
contracts (yea!). We are shooting for a maximum 48-hour turnaround in HR. We may
call asking a lot of questions, so please bear with us! Until CDHS gets "certified" by
DPA in personal services contract reviews, contracts will continue to go to Joi in addition
to us.

In response to the question below, it is my understanding from talking to Joi that any
time a contract is modified (even of the scope of work is not changing and only the dollar
amount is), an amendment certification is required. This is true, I understand, even if
the original contract fell under the waiver. That does not make much sense to me, but
as we found out, that's the requirement.

If there are additional questions, please let me know and I'll try to answer them quickly.
Thanks. Peggy




Contract User Group Meeting
9/11/02

				
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