Updated: October 24, 2016
Instructions for completing and submitting Independent Contractor Agreements:
1 - Determine which type of contract is needed based on the nature of the services to be provided from the list below.
2 - Access the Checklist documents and gather or complete the items listed.
3 - Access the Contractor Agreement document for W-9, optional direct deposit form and agreement.
4 - Complete the agreement form with desired terms and forward to the contractor for signature.
5 - Once all the items on the Checklist had been gathered and completed, please forward this and the completed Agreement to Finance for processing.
Lecturer/Guest Speaker Contractor Agreement
Used for an individual performing non-entertainment services (e.g., speaking, lecturing, etc.) of a duration less than one week.
Entertainment/Artist Contractor Agreement
Used for a company or individual providing entertainment services (e.g., musicians, singers, magicians, actors, hypnotists, dancers, comedians, etc.).
Event Coordinator Contractor Agreement
Used when one contractor will handle all coordination needed for a university event, including but not limited to hiring and payment of performers, inflatables, equipment and food vendors, etc.
Referee/Official Services for Athletics and Club Sports Games & Scrimmages
Used for short-term athletics and club sports services. Please contact the Office of Human Resources to verify the payroll status of the student and the appropriate payment method before submitting this agreement.
Student Activity and/or Equipment Vendor Contractor Agreement
Used for companies that supply, set up, construct and/or operate equipment and temporary structures (e.g., mechanical bulls, sumo wrestling, jousting, inflatables, bleachers, rock walls, etc.).
(Alcohol) Independent Contractor/Consultant Agreement
Used for a company or individual providing alcohol-related services for a university event.
(Food) Independent Contractor/Consultant Agreement
Used for a company or individual providing food and/or catering services for a university event.
Outside Consultant/Independent Contractor Agreement
Used for organizations or individuals providing services that do not fit the descriptions of the other contractor agreements listed above.
Frequently Asked Questions
What is an Independent Contractor (IC)
An independent contractor is an individual who provides services to Stetson University and is not an employee. It is an individual who should be paid under a 1099 (and not a W-2). More specifically, it is a worker who: (a) is engaged in an independently established profession or business (b) provides a service outside of the University’s usual course of business; and (c) is free from the University’s control or direction when providing services.
Independent Contractors can include but are not limited to Consultants, Entertainers, Guest Speakers, Visiting Experts, Individuals and Companies.
What is a Certificate of Insurance (COI)?
A certificate of insurance provides proof that the IC has appropriate insurance coverages to cover them while they are performing their services.
The "Additional Insured" status requirement on the COI helps to prevent liability and costs from falling to the University when an incident or claim occurs due to the actions or fault of the IC or their equipment. The COI is something that the IC would obtain from their Insurance Agent. This is a common business practice between two contractual parties.
The Certificate of Insurance should include the following:
- The COI must show proof of the following coverages: General Liability - $1,000,000 Coverage Limit, Auto Liability (if applicable to services) - $1,000,000, Workers Comp/Employers Liability - As per State Statute (unless IC is exempt from WC)
- The COI must show Stetson University, Inc. as both the Certificate Holder AND as an Additional Insured in regards to IC's services.
Name and Address for the COI Certificate Holder Box:Stetson University, Inc.
Attn: (Stetson Dept Contact)
421 N Woodland Blvd Deland, FL 32723
What if the IC (Independent Contractor) sends over their own Agreement or Special Terms?
- Typically, a Stetson University Agreement will still be needed and will be considered as the primary agreement (choose the Stetson Agreement that best fits the IC's services and event scenarios).
- The IC's agreement will be included at the end of the Stetson Agreement as an "Addendum" (i.e. additional terms to be included in the Stetson Agreement).
- The terms of the IC's Agreement or any special terms or requests should be reviewed by your department. If you make any changes to their agreement, initial next to those changes with a date. The combined agreements will also need to be reviewed by the Financial Office. If any terms are in conflict with Stetson's Agreement or are not acceptable, this shall be noted on the agreement along with the date of revision and initials.
- After revisions are completed, the combined agreements should be submitted back to the IC for their review and signature.
- Once the IC completes and signs the finalized Agreement, it should go to the Finance Office along with all other required forms for final approval.
- Refer to the Form's Checklist Page to make sure all items are completed and included.
- If there is a particular vendor/supplier that will not use any of the University's agreement and, instead, require their own agreement, all vendor-produced contracts must be reviewed, in advance, by the Finance Office and the office of Compliance and Risk Management.
What is a Form W-9?
Form W-9 is an IRS document used to certify the taxpayer identification number for payments of income, real estate transactions, mortgage interest and various other transactions. An individual or entity (Form W-9 Requester) who is required to file information returns with the IRS must obtain the payees correct taxpayer identification (TIN) which may be a social security number (SSN), individual identification number (ITN) or employer identification number (EIN).
Stetson University is required to collect a W-9 from all U.S. citizens and resident aliens (individuals or entities).
Nonresident alien individuals and foreign entities do not complete Form W-9 but instead file Form W-8BEN.
Are travel expenses included in the service cost?
The travel expenses will have to be included as part of the fee. No receipts are required and should not be retained by the Department. The total amount paid to the IC will be reported on a 1099 at the end of the calendar year if the total amount paid during the year is at least $600.
Will the University make the travel arrangements for the IC?
No, the IC will be responsible for making travel arrangements.
The vendor is requesting a deposit. How should I handle that?
Payment for contracts is not available until after the service has been provided. Be sure to note this with the IC when negotiating the contract. Make sure not to promise payment at the event or prior. The University will not pay for services prior or upfront.
Where should the IC send the completed agreement?
The IC should send the completed agreement back to the Department requesting the contract to be filled out. The Department will then send the agreement and all other items on the checklist together as one package to the Finance Office.