Page Comparison

Option 1

Professional Services Agreement for Freelance Individual Contributors

If the supplier is a creative freelancer, such as a photographer, illustrator, or writer, they can use this agreement.

A few notes:

1. The deliverables will need to be specifically described in the Statement of Work in order to be covered by the work for hire/copyright ownership provision.

2. Risk Management advised that insurance is not required for freelancer engagements under $10,000 for these categories of services when: (a) the freelancer will be performing the services remotely (e.g., not requiring physical presence at a university-organized event, on campus, or in Yale facilities) and not covering confidential, proprietary or other sensitive subject matter; and (b) the agreement contains sufficient representations and warranties and indemnification obligations. For these engagements, we can waive the insurance clause.
   

   For engagements that require physical presence at a university-organized event, on campus, or in Yale facilities in order to perform the services, they advised that we can “live with a lower limit.” These seem likely to be determined on a case-by-case basis.

Statement of Work

The SOW should contain the project deliverable, hourly cost, overall cost, and how you will verify that a vendor has produced the contracted product. Ask your vendor to use the form below.

Certificate of Insurance (COI)

The university generally requires $2M of liability insurance coverage. The form below is an example of what the supplier should get from their insurance company (note that Yale is the insured).

Competitive Bidding Form

If you can get three bids for a particular product or service, use this form. You must complete and sign it in the Requester Signature section.

Option 2

Professional Services and Consulting Agreement (PSCA)

This contract is required for anyone other than a sole proprietor freelance creative supplier (i.e. photographer, writer, etc.). If the supplier does not agree to some provisions, they can suggest edits (mark through or comment). In addition, Yale will generally approve shorter payment terms (i.e. 15 days vs 45 days).

Insurance Waiver

If the supplier is not producing something that could harm the university if done incorrectly, the university will issue an insurance waiver. It is your responsibility to complete this form. Do not ask the supplier to complete it. A sample is below as well as a blank form to use.

Sole Source

If you are using the supplier because they are the only one who can do the job because of either skill, timeline, or cost, and you do not have competitive bids, use the Sole Source form. Below is an example and a blank form.