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Independent Contractor Request Form 

Definition
An Independent Contractor is an individual who is not affiliated with the University or The University Corporation (TUC) and is in business for him/herself to provide services. An Independent Contractor maintains control over the work processes and has greater flexibility over when and how the work is performed. An Independent Contractor doing work through TUC must first register with TUC and complete the appropriate forms and waivers as well as provide any required certificate of insurance. 

Determination between Employee and Independent Contractor
It is important to note that there is a significant risk to TUC in classifying individuals as independent contractors and not employees. Before services are performed, the Principal Investigator desiring to contract for services in a sponsored project must assess the relationship with the individual provider and the university to ensure that the individual is properly classified.

TUC must comply with California and federal laws and CSU policies regarding the proper classification of employees and independent contractors. Misclassification of a worker as an independent contractor can result in serious wage obligations, financial penalties, tax, compensation and other liabilities to TUC and other consequences.

Types
Services such as lecturing, speaking, or other special trades.

Independent Contractor and Guest Speaker
The Independent Contractor and the Guest Speaker forms and waivers are essentially the same in that they are submitted by individuals who wish to provide services to the campus and are willing to hold the University harmless for any damages they may suffer as a result of performing those services, which may be paid or unpaid. Such waivers do not take the place of any required insurance. 

Guest Speakers provide services for limited engagements only. Guest Speaker Form may not be used for any Youth Program.

Guest Speaker requirements:

• Single Engagement one day speaking event or multiple consecutive days for one engagement either remote or in person.
• No more than 2 speaking engagements a year with TUC. This is regardless of the funding source (funds or sponsored projects). 
• Subject to review/approval and dollar thresholds. $5,000 and over may require insurance.
• Guest Speaker Form & Invoice includes payment information and the Hold Harmless/Waiver/Release clause. 
• If the guest speaker is non-U.S. citizen or non-U.S. permanent resident alien, the email address provided on the form will be used to send instructions for entering their information for the tax analysis (which is currently through Sprintax software), and TUC will evaluate the summary to see the required taxation from Sprintax when the analysis is complete.

Exclusions
TUC may not enter into an independent contracting agreement with the following:

• CSU, TUC, and other CSU/¼ªÏé·» Auxiliary Employees, including student and graduate assistants.
• Individuals who are debarred or suspended. Debarred/suspended individuals are visible to the public through 
• Federal government employees
• Companies (use purchase order)

Contractual Partner
Only TUC is authorized to enter into a legal agreement with an Independent Contractor. The Principal Investigator or other project staff are not authorized to enter into such an agreement.

Allowable Costs

• Payments to Independent Contractors may include fees for services, reimbursement of travel expenses, and supporting costs. Because unsubstantiated amounts must be reported as income to the contractor on the IRS instrument, copies of receipts must be submitted for any reimbursements. Guidelines of the granting agency apply to travel reimbursements for independent contractors (ex. alcoholic beverages are not reimbursable on a federal project).
• The compensation section of the Independent Contractor Request Form should show separately the rate and time calculation (dollars per hour/day/week/multiplied by the hours/days/weeks) and the amount of travel reimbursement, if applicable, included in the total amount due.
• Rates charged for services (excluding travel) cannot exceed 125% of the comparable salary rate of a Full Professor in the highest salary category. A letter of justification must accompany any request containing a payment exceeding the maximum allowable.
• For independent contractors providing instruction or lectures, the rate is calculated on an hourly basis and includes reimbursement for preparation, lecturing, and evaluation, if necessary.

Coding of the Accounting String
The Independent Contractor Request Form must be coded with an 'Accounting String' to ensure the proper allocation of the expenses to the correct project and the correct account.

Sponsored Project

Account	Fund	Department ID	Project Number	Amount
613001	S4000	24200	4XXX XXXX	$XX.XX

TUC A funds

Account	Fund	Department ID	Project Number	Amount
613001	AXXXX	27100	N/A	$XX.XX

TUC E funds

Account	Fund	Department ID	Project Number	Amount
613001	EXXXX	26200	N/A	$XX.XX

Hold Harmless/Waiver/Release

The Independent Contractor agreement and the Guest Speaker form are submitted by individuals who wish to provide services to the campus and includes verbiage to hold the University and TUC harmless for any damages they may suffer as a result of performing those services, which may be paid or unpaid. Said waivers do not take the place of any required insurance or the separate Waiver Form. 

Background Check
Independent Contractors and/or employees of independent contractors are subject to CSU background check requirements if they are in  or perform duties where a background check is required by law. As part of the agreement to operate under the ¼ªÏé·» and The University Corporation, or on CSU or TUC property, the Contractor attests that appropriate background checks have been completed. TUC or CSU may provide background check services for a fee; otherwise, these outside entities must provide confirmation of completed and cleared background checks. Fees will be charged to the contractors unless other arrangements are made in advance with the Program Director (Fund Director or Principal Investigator/PI). Any background check related fees are not paid by the contractor will be the responsibility of the Program Director (Fund Director or Principal Investigator).     

Insurance Requirements 
Unless waived in whole or in part by TUC, contractor shall provide a certificate of insurance and endorsements. Evidence of the following insurance coverage must be provided to TUC prior to the commencement of services and can be provided by replying to the Agreement email with the required insurance information. Depending on the services provided, TUC reserves the right to modify the requirements for any Contract. 

PRIOR to the commencement of work, vendor/contractor shall furnish to TUC an underwriter's certificate of insurance stating that there is liability insurance presently in effect for the vendor/contractor with Required Minimum Limits of Insurance:

Required Minimum Limits of Insurance
General Liability	$2,000,000 per occurrence, $4,000,000 aggregate
Vehicle Insurance	$1,000,000 per occurrence $5,000,000 for transportation services (e.g., buses and shuttles)
Workers Compensation Insurance	As required by California State Law ($1,000,000)
Abuse and Molestation (SAM) Liability	$1,000,000 per occurrence
(if working with minors and not included in the General liability policy)
Professional Liability (Errors and Omissions) If applicable	$2,000,000 per claim, $2,000,000 aggregate
Cyber Liability Insurance If applicable	$2,000,000 per occurrence or claim, $2,000,000 aggregate
Coverage shall be broad related to vendor duties and include infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, the release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties and credit monitoring expenses with limits sufficient to respond to these obligations.

 

Insurance shall be placed with insurers with an A.M. Best rating of no less than A:VII. See the Independent Contractor Agreement for details including additional insured requirements. Also reference . 

Under certain circumstances, a waiver or modification of the above insurance requirements may be considered by TUC, if adequately documented. When the Independent Contractor agreement is completed and submitted back to TUC for approval through AdobeSign, also reply to the Agreement email with the justification and the  attached. Depending on the situation, either the Waiver will be accepted or Insurance will still be required to move forward.

Tax Analysis
If the independent contractor is non-U.S. citizen or non-U.S. permanent resident alien, the email address provided on the form will be used to send instructions for entering their information for the tax analysis (which is currently through Sprintax software), and TUC will evaluate the summary to see the required taxation from Sprintax when the analysis is complete. Please allow extra time for processing forms that include a tax analysis. 

Independent Contractors Outside of the United States

The same determination between employee and independent contractor applies to work outside of the United States. There is a significant risk to TUC in classifying individuals as independent contractors and not employees, and TUC must comply with California and federal laws as well as CSU policies regarding the proper classification. Before services are performed, the Principal Investigator desiring to contract for services in a sponsored project must assess the relationship with the individual provider and the university to ensure that the individual is properly classified. 

In addition, requests for work to be done outside of the United States present a difficult and still more complex set of challenges and risks. If you plan to engage a contractor outside of the United States, you should understand that each situation will be unique as the country in which the work will be performed has their own set of labor laws, as well as requests must adhere to export control policy and procedure of the campus. When considering an Independent Contractor who will perform the work outside of the United States, please be sure to allow additional time to work with the available resources to reach a proper determination. If the Independent Contractor is a nonresident alien (NRA), or if the department is unsure of the residency status of the independent contractor, contact TUC prior to retaining services. TUC Financial Services department requires an email address to enter the information in tax analysis software to determine the appropriate tax withholding of the individual. TUC must verify residency status and/or Visa status prior to making a commitment to retain the independent contractor. Failure to do so may result in the university being unable to enter in to the agreement. The Independent Contractor may also be subject to tax liability.

Requests submitted during or after the work is performed
Any work performed by the contractor before a fully signed contract or agreement is executed can be considered as having been done at the contractor's own risk and as volunteer work. Program Directors are responsible to ensure that a fully executed contract or agreement is in place before the work is performed in any fund or sponsored project.

Independent Contractor Procedure

The Program Director (Principal Investigator/PI or Fund Director) completes the Independent Contractor Request Form and sends the completed request form to TUC Human Resources department at least two weeks prior to the expected dates of the services. Please allow extra time for processing of forms that include tax analysis.

The Independent Contractor Request Form must include:

• Scope of Work: example, explicitly and inclusively delineate all services expected of the Independent Contractor. 
• Curriculum vitae or resume of the contractor: Information pertaining to the Contractor's expertise and attest to the fact that they are in business for themselves providing contract services to others. 

If the Independent Contractor is a nonresident alien (NRA), or if the department is unsure of the residency status of the independent contractor, contact TUC prior to retaining services.

Once it is determined that the individual is an independent contractor, TUC Financial Services department will prepare and send the Independent Contractor and Lecturer Agreement to the contractor, which includes a (sample) invoice and Insurance Requirements (and Waiver information). 

After receiving the Independent Contractor and Lecturer Agreement, the independent contractor reviews and signs the agreement, provide to TUC: 

• Agreement through AdobeSign
• W9/W8 through 
• As well as replying to the Agreement email with an attached Proof of Insurance or *
• Insurance or waiver must be received in order to forward the Agreement for final approval*

If all information has been provided and completed, an authorized TUC official will review and sign the Agreement and a downloadable copy of the fully executed agreement with TUC will be emailed. 

If the independent contractor is non-U.S. citizen or non-U.S. permanent resident alien, the email address provided on the form will be used to send instructions for entering their information for the tax analysis (which is currently through Sprintax software), and TUC will evaluate the summary to see the required taxation from Sprintax when the analysis is complete. 

After completing the contracted services, the independent contractor will send the pre-prepared invoice directly to TUC, who will forward a copy of the invoice to the Program Director (Fund Director or PI). The Program Director will complete a TUC Check Request through the portal and submit it with the invoice attached to the request. TUC will review the request and will issue payment upon approval. 

Guest Speaker Procedure (see above for Guest Speaker requirements)

If an individual will be a paid guest speaker, the approving Program Director (PI or Fund Director) will need to coordinate with the Guest Speaker and submit a completed  (complete through Section A. Before Engagement),  which includes W9/W8 to Accounts Payable at least 2 weeks in advance of the engagement. 

• If the guest speaker is non-U.S. citizen or non-U.S. permanent resident alien, the email address provided on the form will be used to send instructions for entering their information for the tax analysis (which is currently through Sprintax software), and TUC will evaluate the summary to see the required taxation from Sprintax when the analysis is complete. Please allow extra time for processing of forms that include tax analysis.

After the Guest Speaker Form and supporting documentation are reviewed and signed by TUC, a copy of the Guest Speaker Form is provided to the Program Director and the speaking engagement can take place. This partially filled out and approved Guest Speaker Form must be saved in order to complete section "B. AFTER ENGAGEMENT - (Invoice)" after the engagement. 

After the speaking engagement takes place, the Guest Speaker and Program Director completes the rest of section "B. AFTER ENGAGEMENT - (Invoice)" of the Guest Speaker Form & Invoice. Once the form is completely filled out and signed, the Program Director uses the portal to submit the Check Request and the completed Guest Speaker Form.  

The completed Guest Speaker Form & Invoice is required in order to provide payment for services. 

 

Date of Last Revision: 03/27/25

Contact information:

Questions regarding initial contractor evaluation:

Kathryn Weeks
Associate Director, TUC Human Resources
Phone: 818-677-5040; Email address: kathryn.weeks@csun.edu
 

Questions regarding Independent Contractor and Guest Speaker procedure:

TUC Accounting
Accounts Payable department
Phone: 818-677-7289; Email address: aptuc@csun.edu