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Consultant PolicyA consultant agreement is a contract through which the University hires a person or firm to obtain professional knowledge, skills or expertise. It is the policy of the University to contract for consultant services when factors such as timing, costs, qualifications or the nature of the service to be rendered make it more beneficial for such services to be acquired outside of the University rather than to be performed by employees of the University. As in the case of all purchasing transactions, University Purchasing Guidelines mandate that consultant contracts be awarded through a competitive or negotiated selection process that ensures price reasonableness, and clearly establishes the qualifications of the consultant to perform the required tasks. Please see the Consultant Hiring Procedure Supporting Document Checklist for a complete listing of the documentation required. Consultant:
Consultant Services Contract:
A formal contract is required for a consultant to protect the University's title to all materials produced by the consultant, and protects the University on issues concerning insurance, indemnification, and confidentiality. In addition, the University must comply fully with federal tax code and IRS guidelines regarding the hiring of individuals a independent contractors (consultants) or employees. Employee:
Notice to Proceed:
Scope of Work:
Sole Proprietor:
Consultants who are non-resident aliens must be processed through the Payroll Department for appropriate taxation and reporting. The Non-Resident Alien Policy and Procedures are available from the Controller's Office. The following list will assist you in determining whether or not an individual may be considered a consultant under IRS regulations for some of the tasks commonly performed at the University. Space prohibits a complete listing of available consultant services available, so please contact the Purchasing Office if you have questions in this regard. Consultant Status (Assumes no existing employment relationship with the University) Architect and Engineer
Artist
Account Receivable Management and related Accounting or Auditing Services
Database Developer
Editor
Event Planner
Executive Search Firms
Graphic Designer
Logistics Analyst
Photographer
Management Consultant
Musician
Research Advisor
Senior Policy Advisor
Software Consultant
Specialized Administrative Advisor
Employee Status Administrative Assistant
Administrative Manager
Bookkeeper / Accountant
Cashier
Computer Programmer
Curriculum Developer
Department Chairperson
Investigator
Librarian
Researcher
Secretary
Security Guard
Teacher/Professor
There are instances under the IRS regulations where two individuals performing the same services for the University may be classified differently, one as an employee, the other as a consultant. For example, an architect working for the University and nowhere else, who is assigned office space at the University, has use of the University's facilities, follows the University's holiday schedule and is supervised by another University employee, would be considered an employee. An architect working in an office in midtown Manhattan, with many clients using computers and materials purchased by that architect, and who sets her or his own schedules for work hours, would be considered a consultant. When it is not clear into which category an individual falls, assistance will be provided by the Purchasing Department in consultation with the Controller's Office, Human Resources and the Office of the General Counsel. Several categories of service providers are exempt from the University's formal consultant contract requirements, as described below. The following service providers can be paid without a purchase order upon submission to Accounts Payable of an invoice, signed by the appropriate authorized department signatory, along with the consultant's W-9 form: Photographers, Musicians, Caterers, Actors, Piano Tuners, Typesetters, Masseurs, Competition Judges, professionals hired under the music department's Robert Emmett Dolan prizes, and Video/Audio editors who do not perform their services on campus, or use Columbia tools and supplies. The following service providers can be paid on a limited basis up to a maximum of three (3) times during any twelve (12) month period, upon submission to Accounts Payable of an invoice signed by the appropriate department signatory, along with a list of clients¹ evidencing that the consultant offers services to the general public, and the consultant's W-9 form:
Notes:
A. Requirements for Non-Construction Related Services University risk management policy is designed to "right size" the insurance requirements for the most commonly purchased non-construction related consultant services based on an assessment of the level of likely risk to the University, and in consideration of the frequent need to hire faculty from other institutions with highly specialized expertise, or graduate students who combine quality professional services with relevant content related experience. The policy breaks typical services into three broad risk categories and insurance requirements are determined based on 1) the Risk Level; 2) whether or not the consultant is a sole proprietor (such as a faculty member or graduate student); and 3) the value of all awarded and pending contracts with the consultant within the past twelve months (on the assumption that, all else being equal, there is greater risk to the University involved in projects of a high dollar value). To determine the insurance requirements for you Consultant, please use the Interactive Form Selector. Contact the Purchasing Office or Risk Management in the event that the proposed scope of work is not covered by an existing category.
The minimum commercial insurance requirements under the proposal are a function of the risk category, as summarized in the following table:
*Waived if sole proprietor w/contract of up to $50k in contract value or other ownership up to $25k. B. Requirements for Construction Related Services Requirements for construction related consultant services, including architects and engineers performing work in connection with an existing or planned structure, are as follows:
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