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, 476 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, 550 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. For international service providers, follow the instructions in the International Consulting Agreements section below and process on a purchase order.
Caution: Any revisions to Cornell’s standard templates require the review and approval by Procurement Services and the signature of a procurement agent.
A. Addendum for Facility Contract Agreements (PDF, 493 KB): Use this agreement when utilizing a facility's contract for event space rental
- See Catering and Event Space Rental for information on hiring and paying caterers and event space rentals, including a Hotel and Facility Rental Checklist.
B. Caterer Contract (PDF, 509 KB): Use this contract to address tax, liability, and contract terms and conditions.
C. Performer and Service Provider Contract Matrix (PDF, 479 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.
C.a. Performer Without Equipment Contract (PDF, 516 KB)
C.b. Performer With Equipment Contract (PDF, 517 KB)
C.c. Services Provider Contract (PDF, 522 KB): Use for small services such as massage, henna, face painting, spa services, pedicures, manicures only. For consulting services use the Independent Consultant Agreement (see below).
C.d. Service Provider Contract for Graphic Design or Videography (PDF, 506 KB) (Please use either the Independent Consultant Agreement or the IT Professional Services Agreement when engaging a web designer.)
C.e. Service Provider Contract for Writing, Editing, Indexing (PDF, 140 KB)
C.f. Service Provider Contract for Photographer, Artist, Illustrator (PDF, 148 KB)
C.g. Service Provider Contract for Deaf or Foreign Language Translation (PDF, 120 KB)
C.h. Service Provider Contract for Transcription and Closed Captioning Services (PDF, 502 KB)
D. Professional Services Search Firm Agreement Template, rev. Nov. 2016 (DOC, 320 KB)
Use this agreement template when engaging an executive search firm and attache the firm's statement of work. Submit the completed agreement with the requisition. These services are exempt from bid and do not require a single-/sole-source justification form unless contract, grant, or federal funds are used to pay for the service.
Note: All final search firm agreements must be approved by Human Resources. The authorizing party must retain a copy of this contract. In addition, forward a copy of this agreement, completed and signed by the contractor and university representatives, along with all relevant attachments, to Allan Bishop, Associate Vice President for Human Resources, Division of Human Resources, 337 Pine Tree Road, Ithaca, NY 14850.
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Consulting Agreements for Work Performed in the United States
Service Provider Questionnaire and Evaluation Worksheet may be required. Consult Paying for Services flowchart.
For Individuals Who Are Independent Contractors or Consultants
E. Independent Consultant Agreement (PDF, 418 KB): Use this contract for an individual to address tax, liability, and contract terms and conditions.
F. 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)
G. Professional Services Agreement (PDF, 417 KB): Use this contract for entities to address tax, liability, and contract terms and conditions.
H. IT Professional Services Agreement (PDF, 446 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.
I. 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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International Consulting Agreements
Work performed overseas can present a range of legal, financial, safety, and logistical considerations that create complications and could add expenses. Consideration also must be given to whether the arrangement could trigger corporate registration or licensing requirements that may result in additional financial or regulatory obligations in the host country.
- Before engaging/hiring short-term consultants, lecturers, data collectors, and others for international assignments, complete the short Navigate Questionnaire. The Navigate team members from Human Resources, the Office of University Counsel, and the University Tax Office will advise you on country-specific issues.
- Complete the International Independent Contractor Certification and Attestation (PDF, 256 KB). This form must be completed by any individual who provides services in any jurisdiction outside the United States on Cornell’s behalf, regardless of nationality or country of residence. All information must be entered completely by the person to perform the services to ensure accuracy and a timely review. The information on this form is to be used to determine whether the services and individual comply with the independent contractor guidelines set out by the U.S. IRS and the laws of the country where the services will be performed.
- Use the International Independent Consultant Agreement (PDF, 437 KB) for individuals or entities to address tax, liability, and contract terms and conditions.
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