DJCA-AR Personal Services Contracts-Independent Contractors 

Code: DJCA
Adopted: 2/21/17

The ESD may enter into personal services contracts with qualified professionals as provided by Oregon Revised Statute (ORS) 279A.055. Personal services contracts, as used in this policy, means contracts for specialized skills, knowledge and resources in the application of highly technical or scientific expertise or the exercise of professional, artistic or management discretion or judgment. The ESD may enter into a personal services contract with a current employee only when the individual meets independent contractor status in accordance with state, Public Employees Retirement System (PERS) and Internal Revenue Service (IRS) requirements. 

Selection of a personal services contractor will be based primarily on qualifications and performance history, expertise, knowledge and creativity and the ability to exercise sound professional judgment.  

All personal services contracts shall be based on demonstrated qualifications and competence to perform the required services, encourage competition, discourage favoritism and obtain services at a fair and reasonable price. 

Contracts for personal services in excess of $150,000 shall require prior Board approval.  The superintendent will develop administrative regulations as necessary to implement this policy. 

END OF POLICY 

Legal Reference(s): 

• ORS Chapters 279
  
• ORS Chapters 279A, 279B and 279C
  
• ORS 334.125
  
• ORS 670.600
  
• OAR 459-010-0030
• INTERNAL REVENUE SERVICE, PUBLICATION 1779: INDEPENDENT CONTRACTOR OR EMPLOYEE (Rev. 3-2012). 

Cross Reference(s): 

• DJC - Bidding Requirements