Vendor Packet.PDF

Dear Business Owner, In accordance with the requirements set forth by the West Virginia State Tax Department and the Office of the

Secretary of State, Berkeley County Schools must ensure that all vendors are properly registered and compliant prior to engaging in any business transactions.

We are interested in working with your organization; however, we are unable to proceed until the necessary documentation is received and on file with our Purchasing Department.

Please complete the attached Vendor Registration and Disclosure Statement, and submit it along with your W-9 and ALL other applicable documents outlined on the form. All documents should be submitted in PDF format via email to 004PurchasingBCS@groups.k12.wv.us.

Please note that Berkeley County Schools cannot process purchase orders or issue payments without the required documentation. Your prompt attention to this matter is greatly appreciated.

If you have any questions or need further assistance, please contact Heather Franks at (304) 267-3500 ext.

13514, Tonya Weaver at (304) 267-3500 ext. 13513, or email us at the address listed above.

Thank you for your cooperation.

Sincerely, Purchasing Department

Berkeley County Schools

BERKELEY COUNTY SCHOOLS

50 Coast Guard Drive

Kearneysville, WV 25430

(304) 267-3500

004PurchasingBCS@groups.k12.wv.us

Rev. 4/24/2025 New/Services

New Vendor Requirement Checklist

The following documentation is required from the supplier that will be providing services to Berkeley County Schools:

• Current signed IRS Form W-9

• Completed BCS Vendor Registration and Disclosure Statement

• Agreement Addendum (WV-96) for current fiscal year

• Drug Free Workplace Affidavit

• Copy of General Liability & Worker’s Compensation Insurance Certificate

• Attach copies of the following documents:

1. WV Business License issued by the WV State Tax Dept Business4WV Registration

2. WV Secretary of State Registration WV SOS Business Division *Not required if sole proprietor https://business4.wv.gov/Pages/default.aspx https://sos.wv.gov/business/Pages/default.aspx

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri n t o r ty p e

S ee

S p ec if ic In st ru ct io n s on p ag e

3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or

Employer identification number

Part II Certification

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of

U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

Page 1 of 4 Rev. 7/2025

Vendor Registration and Disclosure Statement

All new vendors must complete the following information as well as existing vendors needing to make an update. Once completed, this form together with a current W-9 and any other applicable documentation should be uploaded into the vendor’s ESM profile. Any questions can be directed to the Purchasing Department with Berkeley County Schools by emailing 004PurchasingBCS@groups.k12.wv.us.

Vendor Legal Name: _______________________________________________________________________________

Vendor DBA Name: ________________________________________________________________________________

Address: _________________________________________________________________________________________

Telephone: (_____)___________________________ Email Address:__________________________________________

Point of Contact: ___________________________________________________________________________________

We accept VISA/Mastercard as a method of payment (must check one) yes _____ no _____

List any employee employed by Berkeley County Schools (or spouse or dependent of such employee who is an officer, director, employee, stockholder, or owner of any interest in the business of the vendor). If NONE, so state.

1. _____________________________________ 3. ______________________________________

2. ______________________________________ 4. ______________________________________

PRIMARY BUSINESS TYPE (CHECK ONE)

☐ Distributor ☐ Wholesaler ☐ Contractor ☐ Services ☐ Retailer ☐ Manufacturer

☐ Other (please describe):__________________________________________________________________________

All contracts must be signed by the Superintendent or designee and have a completed WV-96 Form attached.

Completion of this form, properly signed, attests that all sales agreements will be in all respects, fair and without collusion or fraud, and further attests that no member, employee, or official of the Board of Education of the County of Berkeley has a direct or indirect interest as a partner, stockholder holding more than 10% of the total-issue, or in any other manner in any business that may be conducted. I also certify that my company is not suspended or debarred by the state and/or federal government.

(Officer’s/Owner’s Signature)

Berkeley County Schools Use Only:

BCS Member Authorization: ____________________________________________________ Date: ______________

NEW VENDOR ☐ UPDATE ☐ UPDATED: WVEIS ☐ SFO ☐

Please choose the appropriate category for the new vendor to be added. Due to HB206 passing, it is required to mark all vendors with the appropriate vendor category code. FERPA vendors related to Family Educational Rights and Privacy Act, PRIV for all staff members, PUBLIC for all vendors information that can be disclosed publicly.

FERPA ☐ PRIV ☐ PUBLIC ☐ WVSOS ☐

VENDOR NUMBER _______________________________________ Date:_________________

Page 2 of 4 Rev. 7/2025

Vendor Certification of WV Business License Exemption

As a vendor, if you are choosing to enter a contract with the Board of Education of the County of

Berkeley, you must provide a copy of your WV Business License OR fall within one of the categories listed below.

If you are not required by the State of WV to have a business license, please select the appropriate exemption below.

I certify that I am exempt from obtaining a WV Business License due to the following reason (:

☐ Occasional or casual sales of property or services by persons not engaged in a business activity.

☐ I am engaged in a business activity and meet ALL three of the following criteria:

(1) I am not required by law to collect any tax or withhold a tax; and

(2) I do not claim exemption from a payment of the WV Consumers Sales and

Service Tax or Use Tax; and

(3) I had a gross income from business activity of $4,000 or less from operation in all states during the Income Tax year most recently completed.

☐ I am an Out-of-State business and have an official determination from the State of WV that I am not required to obtain a WV Business License. (proof required)

☐ I am a “Small Seller” with no physical presence in WV and

(1) annual sales of no more than $100,000; and

(2) less than 200 separate transactions for goods/services in WV.

Company Name: ___________________________ _____________________________________

Printed Name of Owner/Officer

Tax Identification Number: ___________________ _____________________________________

Signature

Date

Page 3 of 4 Rev. 7/2025

WV Secretary of State Vendor Registration Status

The following business structures must register through the West Virginia Secretary of State:

• Corporation (profit or non-profit)

• Benefit Corporation (profit only)

• Cooperative Association (agricultural products and/or services or broadband internet services)

• Limited Liability Company (LLC)

• Professional Limited Liability Company (PLLC)

• Limited Partnership (LP)

• Limited Liability Partnership (LLP)

• Voluntary Association

• Business Trust

• Unincorporated Non-Profit Association

Visit the Secretary of State Business Division online to download the appropriate application for one of the business structures above.

Full list of West Virginia Business Registration exemptions is found on page 4 of this document.

☐ I do hereby certify that _________________________________________ (Business Name) is exempt from registration with WV Secretary of State (WVSOS) due to the following exemption:

☐ Small Seller ☐ Business Structure ☐ Business Activity ☐Intangible Sales

☐Activities not Constituting Transacting Business ☐ Government Entities

☐ I do hereby certify that ________________________________________ (Business Name) is fully registered with the WV Secretary of State (WVSOS) and have included a copy of the registration certificate.

Company Representative Name Company Representative Signature

Company Representative Title Date

Page 4 of 4 Rev. 7/2025

WV Business Registration/Secretary of State Exemptions

Exemption 1 – Small Seller (WV State Tax Department ONLY)

Beginning January 1, 2019, remote sellers, as defined below, are required to collect West Virginia State and municipal sales and use taxes on sales delivered in West Virginia on or after January 1, 2019, unless the small-seller exception applies. This requirement was in direct response to the “Wayfair decision” set forth by a case law of the US Supreme Court on June 21, 2018, in South Dakota v. Wayfair, Inc., et al. “Remote seller” means a person selling tangible personal property and/or services for delivery in West Virginia who does not have a physical presence in West Virginia and who has not voluntarily agreed to collect West Virginia sales and use taxes. Smaller remote sellers that have no physical presence in West Virginia will not be required to collect West Virginia State and municipal sales and use taxes when the remote seller has annual sales of products and services into the state of (1) no more than $100,000 and (2) has less than 200 separate transactions for goods and services delivered in West Virginia.

https://tax.wv.gov/Business/SalesAndUseTax/ECommerce/RemoteSellers/Pages/RemoteSellersAndWestVirginiaTax.aspx

Exemption 2 – Business Structure Exemption (WV Secretary of State ONLY)

Based on information provided by the WV SOS, the following business structures/types are exempt from registration with the agency:

• Sole Proprietorship, General Partnership, Joint Venture, and Association.

• Suppliers of intangible sales (i.e. software) that do not have a physical presence in West Virginia.

All other business structures are required to register with the WV SOS. This exemption is specific to filing requirements with the WV SOS; thus, registration with the WV State Tax Department is required for the listed incorporation types.

https://sos.wv.gov/FormSearch/Business/Documents/BusStructuresList.pdf

Exemption 3 – Certain Business Activity Exemptions (WV Secretary of State and WV State Tax Department)

Persons engaged in the following activities are not required to register with the WV SOS and WV Tax Department if they engage solely in these activities. (tsd360.pdf)

• Judicial sales directed by law or court order.

• Sales for delinquent taxes of real or personal property.

• Licensed charitable raffles.

• Horse or dog race meetings by any licensed racing association under W. Va. Code § 19-23-1.

• Operation of the pari-mutuel system of wagering during a licensed horse or dog race meeting.

• Sale of commodities during a horse or dog race meeting.

• Occasional or casual sales of property or services by persons not engaged in a business activity.

• Any person engaging in a business activity who meets all three following conditions:

a. Is not required by law to collect or withhold a tax; AND

b. Does not claim exemption from payment of the West Virginia Consumers Sales and Service Tax or Use

Tax; AND

c. Had a gross income from business activity of $4,000 dollars or less from operations in all states during the income tax year most recently completed.

Exemption 4 – Activities not constituting transacting business (WV Secretary of State)

In accordance with WVC §31B-10-1003 and WVC §31D-15-1501, there are several exemptions to WV SOS registration requirements afforded to foreign limited liability companies and foreign corporations that do not constitute “transacting business” by the definition of the term found in WV Code. Those code sections can be found at the following links. West Virginia Code | §31B-10-1003 (wvlegislature.gov) West Virginia Code | §31D-15-1501 (wvlegislature.gov)

Exemption 5 – Government Entities (WV Secretary of State and WV State Tax Department)

Federal and State entities are not required to register with the WV State Tax Dept or the WV Secretary of State, however Berkeley County Schools still requires a current copy of the W-9 form.

West Virginia Department of Education

Agreement Addendum (WV-96)

In the event of conflict between this addendum and the agreement, this addendum shall control:

1. DISPUTES - Any references in the agreement to arbitration or to jurisdiction of any court other than the Circuit Court of the county in which the Agency is located are hereby deleted. The parties may agree to nonbinding mediation prior to litigation.

2. HOLD HARMLESS - Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety.

3. GOVERNING LAW -The agreement shall be governed by the laws of the State of West Virginia. This provision replaces any references to any other State’s governing law.

4. TAXES. - Provisions in the agreement requiring the Agency to pay taxes are deleted. As a political subdivision of the State of West Virginia, the Agency is generally exempt from Federal, State, and local taxes and will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of Vendor or any other party.

5. PAYMENT - Any references to prepayment are deleted. Fees for software licenses, subscriptions, or maintenance are payable annually in advance. Payment for services will be in arrears.

6. INTEREST – Any provision for interest or charges on late payments is deleted. The Agency has no statutory authority to pay interest or late fees.

7. NO WAIVER - Any language in the agreement requiring the Agency to waive any rights,claims or defenses is hereby deleted.

8. FISCAL YEAR FUNDING - Service performed under the agreement may be continued in succeeding fiscal years for the term of the agreement, contingent upon funds being appropriated by the Legislature or otherwise being available for this service. In the event funds are not appropriated or otherwise available for this service, the agreement shall terminate without penalty on June 30. After that date, the agreement becomes of no effect and is null and void. However, the Agency agrees to use its best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shall not be considered an event of default.

9. STATUTE OF LIMITATION - Any clauses limiting the time in which the Agency may bring suit against the Vendor, lessor, individual, or any other party are deleted.

10. SIMILAR SERVICES - Any provisions limiting the Agency’s right to obtain similar services or equipment in the event of default or non-funding during the term of the agreement are hereby deleted.

11. ATTORNEY FEES - The Agency recognizes an obligation to pay attorney’s fees or costs only when assessed by a court of competent jurisdiction. Any other provision is invalid and considered null and void.

12. ASSIGNMENT - Notwithstanding any clause to the contrary, the Agency reserves the right to assign the agreement to a State agency or another local governmental agency, board or commission of the State of West Virginia upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior to assigning the agreement.

13. LIMITATION OF LIABILITY - The Agency, as a political subdivision of the State, cannot agree to assume the potential liability of a Vendor. Accordingly, any provision limiting the Vendor’s liability for direct damages to a certain dollar amount or to the amount of the agreement is hereby deleted. Limitations on special, incidental or consequential damages are acceptable. In addition, any limitation is null and void to the extent that it precludes any action for injury to persons or for damages to personal property.

14. RIGHT TO TERMINATE - Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor. Agency agrees to pay Vendor for services rendered or goods received prior to the effective date of termination. In such event, the Agency will not be entitled to a refund of any software license, subscription or maintenance fees paid.

15. TERMINATION CHARGES - Any provision requiring the Agency to pay a fixed amount or liquidated damages upon termination of the agreement is hereby deleted. The Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to the end of any current agreement term.

16. RENEWAL - Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties.

17. INSURANCE - Any provision requiring the Agency to purchase insurance for Vendor’s property is deleted. The Agency is insured through the Board of Risk and Insurance Management, and will provide a certificate of property insurance upon request.

18. RIGHT TO NOTICE - Any provision for repossession of equipment without notice is hereby deleted. However, the Agency does recognize a right of repossession with notice.

19. ACCELERATION – Any reference to acceleration of payments in the event of default or non-funding is hereby deleted.

20. CONFIDENTIALITY – Any provision regarding confidentiality of the terms and conditions of the agreement is hereby deleted. Governmental contracts are public records under the West Virginia Freedom of Information Act.

21. AMENDMENTS -All amendments, modifications, alterations or changes to the agreement shall be in writing and signed by both parties. No amendment, modification, alteration or change may be made to this addendum without the express written approval of the Agency.

ACCEPTED BY:

Local Education Agency:

Signed:

Title:

Date:

Revised 07-12

VENDOR:

Company Name:

Signed:

Title:

Date:

BERKELEY COUNTY BOARD OF EDUCATION

DRUG-FREE WORKPLACE VERIFICATION STATEMENT

COMPANY NAME ______________________________________________________

COMPANY REPRESENTATIVE ___________________________________________

ADDRESS ____________________________________________________________

EMAIL ADDRESS ______________________________________________________

I, , as an authorized representative of the above-named company certify that we have a written policy for a drug-free workplace and that any person representing our company is required to comply with said policy at all times while executing contracted services with Berkeley County Board of Education.

Signature of Company Representative

Title

Date