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Accounting

WHY DO I NEED TO COMPLETE AN INDEPENDENT CONTRACT ANALYSIS (ICA) ?

There are a multitude of laws, regulations, and case law that are used to determine if someone is an employee or an independent contractor. Incorrect placement of a worker will cost the ESD in tax liability and penalities.

ICA forms should be processed through Human Resources (HR).   Please allow plenty of time, but in no case less than 3 working days. Incomplete forms may be delayed.

IF INDEPENDENT CONTRACTOR IS DETERMINED

If HR approves the ICA you will receive the yellow copy of the form. HR will send the original to Purchasing.   A new ICA must be completed every three years.

Complete two original Contractual Services Agreements (CSA) and include the ICA number on the contracts.   Please contact the Purchasing, in the Business Office, to obtain contract templates and boilerplate language.

Attach both CSA originals to a Contract Routing Form and forward to the business office for review and signature. Below is the signature guidelines for a CSA:

    • For agreements $15,000 or less:
      Program Manager signs and forwards the CSA to Purchasing to approve.
    • For agreements $15,001 - $49,999:
      Program manager and Cabinet Member signs and forward the CSA to Purchasing to approve.  
    • For agreements $50,000 and above:
    • Program Manager and Cabinet Member signs and forwards the CSAs to Purchasing to approve and obtain Superintendent's approval.

After all approval signatures are in place, the business office will return the original CSA's to the originating department. The Department mails two (2) original contracts along with any other pertinent material to the Contractor. The Contractor signs two (2) original contracts and keeps one for their records and returns one (1) original contract to the department. Department makes copy for their files and forwards the original fully executed contract to the Business Office.

IF EMPLOYEE STATUS IS DETERMINED

If HR does NOT approve the form, the person is treated as an employee. With with HR to complete the forms to hire an employee. Your new employee will complete timesheets and is paid through payroll.