Hiring Independent Contractors

• The first step takes place with the completion of a Determination of Service form four weeks prior to the expected date of the service.  The determination decision is based upon multiple factors (including supervision given, location of service, etc.).
• All service requests must be reviewed. 
• An approval confirmation email will be sent by Human Resources or Academic Personnel following the review of the service as to whether the service meets Independent Contractor guidelines.

• The second step is completing and submitting the Prospective Service Provider form identifying who is providing the specific service. His or her credentials must be reviewed to determine if the specific individual can be classified as an independent contractor. This form will require the prospective provider’s social security number and the attachment of his/her vita/resume. 
• *Confidential documents should not be attached to this form. The form is encrypted to protect social security numbers; however, attachments are not protected.
• If the name of the selected candidate is known at the same time the Determination of Service is requested, the forms can be submitted at the same time. If the Determination of Service has been finalized by Human Resources or Academic Personnel prior to submitting the Prospective Provider form, the finalized Determination of Service can be printed and submitted with Prospective Provider form.
• Human Resources or Academic Personnel will provide notification via email as to whether or not the individual can be an independent contractor for Miami.
• Miami Employees CANNOT be Independent Contractors. Part-time Classified and Unclassified employees may be able to be hired into a secondary position.
• Students may not be considered independent contractors; they must be employees. Departments who wish to hire undergraduate students and graduate students without a graduate assistantship should contact Student Employment prior to the beginning of the work to set up a student job.  Graduate Assistants must petition the Graduate School for permission to work additional hours, then contact Academic Personnel Services prior to the beginning of the additional assignment.
• Graduation terminates the student classification. If services are needed beyond graduation the former student will need to be employed following the normal guidelines established by Academic Personnel or Human Resources.

Once it’s been determined that the selected individual and the service meet independent contractor qualifications, the Miami department will need to collect some completed forms from the Provider:

• Professional Services Agreement (PSA): This is the agreement between the University and the Provider regarding the expectations of the service to be provided and the amount of the payment. This form should be sent to the Provider, signed by Provider and sent back to department.
• W-9: This form is required to set-up the provider as a vendor prior to issuing payment and is submitted to Accounts Payable via "New Vendor Setup."
• OPERS form: This form must be completed by provider and sent to department. It will be submitted with the completed Professional Services Agreement to Human Resources or Academic Personnel Services.
  
  Name of Public Employer: Miami University
  Employer Contact: Gary Kraft
  Employer Code: 1633 - 00
  Phone number: 513-529-6223

After the Prospective Service Provider request is approved, a system-generated email will be sent to the person who submitted that request. That email will include instructions about the collection of forms from the Provider and that they should be submitted (with all signatures on the PSA up through the dean/head of office) to a specific person in Human Resources or Academic Personnel (named in the email instructions) via FileLocker.

The person in Human Resources or Academic Personnel who receives those forms in FileLocker will sign the PSA (as Final Authorization) and upload it into the Prospective Service Provider ticket. This action closes the ticket and an email will be sent to the requestor with the statement: “Please find included in this email ticket the fully executed PSA with ticket ID ########. Open the ticket completely via the link in this email and check the far right side of the page for the document. You may upload it into Buyway in order for the payment to be created by Accounts Payable.”

Human Resources or Academic Personnel will submit the required OPERS form to OPERS.

The department will submit the W-9 to Accounts Payable when requesting New Vendor Setup.

• Submit the New Vendor Setup request. This is a Formstack submission and requires the W-9.
• Request payment in Buyway. A copy of the Professional Services Agreement (PSA) is required to accompany the Buyway request. The OPERS form is not required to request payment.

In the event that the service or the provider may not be designated as an independent contractor and the work will still be performed, you must follow established hiring procedures for your area (either Academic Personnel or Human Resources) BEFORE services are provided. This may include the need to complete new compliance documents related to I-9 Employment Eligibility Verification on the first day of employment or re-employment.

1. I need someone to work on a special project or perform specialized services. Could I engage someone as an Independent Contractor?
   • Maybe. Generally individuals who perform services for Miami are considered employees and should be hired following approved search and hiring procedures. However, there are times when individuals are needed to provide a service that might be categorized as an independent contractor. At Miami, independent contractors are often used to perform short-term services or assignments for the University.
2. How do I accomplish this?
   • About four weeks in advance of the date of the service, complete the Request for Determination of Service form. This form will identify whether or not the service being performed meets that of an independent contractor. Within ten business days the form will be reviewed and the determination will be communicated to the requestor via email. Submitting the Request as soon as you know the service is needed is the best idea – no need to wait until four weeks before the date of service.
3. I know who I want to perform the service; how do I communicate that?
   • Complete and submit the Prospective Service Provider form. Since this form contains someone’s social security number, it is submitted via an encrypted Formstack form. Submit this form as soon as you know who the provider might be; notification of the provider’s eligibility will be sent to departmental contact within two business days.
4. What information do I need to collect from the service provider?
   • Social Security number; completed OPERS form; completed W-9; resume/vita; OPERS or STRS retirement status, if possible.
5. I received confirmation that the service meets the guidelines as an independent contractor and I’ve now identified a prospective provider. What do I do next?
   • Complete a Professional Service Agreement (PSA) with the provider, resume/vita, OPERS Form*, submit through your unit’s approval process (supervisor/chair/dean) and submit to Human Resources or Academic Personnel via campus mail (include the approved Determination) at the beginning of the services. The form will be reviewed/approved and returned to the department contact.
6. If Human Resources or Academic Personnel determines that the individual meets qualifications as an Independent Contractor how do I get him/her paid?
   • Have the service provider complete the W9 form and submit in Buyway along with the signed Professional Services Agreement once services are rendered.
7. Do I submit the OPERS form in Buyway?
   • No, that is no longer the process. Submit the OPERS form with the PSA and Human Resources or Academic Personnel will transmit the form to OPERS.
8. I have used this individual to provide services for us in the past, do I have to complete all process steps each time a service is provided?
   • It depends. As long as the service is within the same 365-day period, you may submit the previously approved Determination of Service Provider form for consideration.
9. The determination I received was that the service to be provided cannot be designated as independent contractor service? What happens now?
   • If you continue to want the services, you will need to follow established hiring procedures from Academic Personnel or Human Resources to recommend the employment of someone to perform this work.