Engaging Independent Contractors and Consultants
Before engaging a service provider, you must evaluate whether the individual or entity providing the service should be classified as an employee or an independent contractor (vendor), based upon IRS guidelines. The evaluation and classification must be performed before engaging an individual or entity to perform services, and before any services begin.
Attach the contract and any supporting documentation (e.g., service provider questionnaire and evaluation worksheet, scope of work, single/sole source justification form) to the requisition or I Want doc PRIOR to the start of service.
Step 1: Evaluate the Service Provider
- Use the Service Provider Evaluation Decision Flowchart from Section 700 of the Buying Manual to determine whether you must contact another university office for guidance, appoint the service provider as an employee, or perform a service provider evaluation.
- If the flowchart directs you to a Service Provider Questionnaire:
- Send the following form to the vendor to complete:
- Service Provider Questionnaire (PDF, 163 KB)
Aids Cornell in evaluating of the vendor's “independent contractor status” based on IRS guidelines.
- After the vendor returns the completed questionnaire, use it to complete the Service Provider Evaluation Worksheet which follows, and submit it to your financial transaction or business service center:
- Service Provider Evaluation Worksheet (PDF, 226 KB)
Assists in completing the evaluation of behavioral control, financial control, and nature of the relationship. Attach the service provider questionnaire and the evaluation worksheet to the requisition.
Step 2: Select an Engagement Process
- If the service provider is classified as an independent contractor:
- Complete the appropriate consulting agreement for the services to be performed and follow the purchase order process.
- If the service provider is classified as an employee:
- Consult your unit's human resources department.
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Unique Contracts for Other Services
The service provider attestation is included in the contract. Service provider questionnaire and evaluation worksheet not required.
F. Addendum for Facility Contract Agreements (PDF, 51 KB): Use this agreement when utilizing a facility's contract for event space rental
G. Caterer Contract (PDF, 136 KB): Use this contract to address tax, liability, and contract terms and conditions.
H. Performer and Small Service Provider Contract Matrix (PDF, 114 KB): This document will help you determine the type of contract, payment method, and insurance requirements needed when hiring entertainers and small service providers. Use the agreements below to address tax, liability, and contract terms and conditions. A contract may be used for multiple event, as long as a scope of work is attached for each event.
H.a. Performer Without Equipment Contract (PDF, 136 KB)
H.b. Performer With Equipment Contract (PDF, 137 KB)
H.c. Small Services Provider Contract (PDF, 137 KB)
H.d. Service Provider Contract for Graphic Design, Web Design, Writing, Editing, Videography (PDF, 136 KB)
H.e. Service Provider Contract for Photographer, Artist, Illustrator (PDF, 134 KB)
I. Professional Services Search Firm Agreement Template, rev. April 2016 (DOC, 342 KB)
Use this form to collect information regarding contracts with search firms.
Note: All final search firm agreements must be approved by Human Resources. The authorizing party must retain a copy of this contract. In addition, please forward a copy of this agreement, completed and signed by the contractor and university representatives, along with all relevant attachments, to Allan Bishop, Recruitment and Employment Center, 337 Pine Tree Road, Ithaca, NY 14850 and Glenn Morey, Cornell Procurement Services, 395 Pine Tree Road, Ithaca, NY 14850.
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Consulting Agreements
Service Provider Questionnaire and Evaluation Worksheet may be required. Consult Paying for Services flowchart.
For Individuals Who Are Independent Contractors or Consultants
A. Independent Contractor/Consultant Agreement (PDF, 185 KB): Use this contract for an individual to address tax, liability, and contract terms and conditions.
B. Amendment to Independent Contractor/Consultant Agreement (PDF, 32 KB): Use this form to amend the original Independent Contractor/Consultant Agreement (e.g., extend dates, revise scope of work).
For Entities (Corporations, Partnerships, LLCs, LLPs)
C. Professional Services Agreement (PDF, 74 KB): Use this contract for entities to address tax, liability, and contract terms and conditions.
D. IT Professional Services Agreement (PDF, 93 KB): Use this contract for entities providing IT-related services to address tax, liability, and contract terms and conditions. The language is written specifically for information technology companies that may be providing software, hardware, or cloud services.
E. Amendment to Professional Services Agreement (PDF, 85 KB): Use this form to amend the original Professional Services Agreement (e.g., extend dates, revise scope of work).
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