In addition, consultants should not be expected to work from your
facility unless their contract is long-term (like more than a year) and
there is a demonstrated need for them to be on your premises to work
closely with your staff on a daily basis; in that case, you need to
review the laws on independent contractors, work-for-hire statutes (if
they are doing something for you like create forms, or maybe write
curatorial statements or other copyrightable things), etc. to make sure
what you are providing them with and how you interact with them
maintains their independent contractor status.  For example-if you tell
them they have to be there from 9 to 5 daily, give them all the
equipment they need, require them to store their work product in files
and on servers controlled by you and direct their daily work just like
you do with the rest of your staff, they may not be able to be called
independent contractors and you might be required to pay payroll taxes
and provide benefits.  However, providing them with a workspace with
desk and phone (and possibly a computer terminal, but this is disputed)
and some pens/paper for them to use if they are working in your museum
for the day or week is generally OK.  Safe is pointing them to a spare
desk and phone and requiring them to bring everything they need if they
want to use it (but the consultant will bill you for the supplies if
they are purchased and used exclusively for your contract).

 

As architects we sometimes do long-term big projects where we are called
to relocate assigned creatives out of our home base because the client
has set up a project office and they want all their design consultants
in one place to interact on a daily basis; the client may provide all
the necessary equipment like computers and plotters, however, they are
hands-off with directing the daily work and the consultants can proceed
with their services as they see fit.  This does not violate the
independent-contractor status of our professionals.

 

 

Julia Muney Moore

Public Art Administrator

Blackburn Architects, Indianapolis, IN

(317) 875-5500 x219

   

 

 

________________________________

From: Museum discussion list [mailto:[log in to unmask]] On
Behalf Of nicholas burlakoff
Sent: Monday, January 14, 2008 1:18 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] Consultants

 

John,
I have both used consultants in the areas you specify and been such. The
pay varies, but a good rule of thumb is at least 50% over similar cost
for a full-time employee in your area. I charge a minimum of $50 per
hour, depending on the job, if I like the institution, support the
mission, etc. Remember, the consultants pay their own taxes and business
expenses and not all of them are employed without interruption. On the
other hand, you are saving on vacation costs, medical, etc. Experience
with consultants varies (as it does with employees and employers). One
article I read said that if at the end of the consulting period you are
not in court, all went well. I think that is too cynical a statement but
it does underline the reality that a good and clear contract is
mandatory. Another rule of thumb: if consultant asks for percentage of
income generated, run away from that. Pay only per diem or event.
Percentage arrangements are against ethical norms of professional
fundraisers, and can involve in- kind donations, and then you are stuck
paying cash money for goods you may not want. Example, I once got a
donation of two semi's of envelopes from a paper company. If a
consultant had generated that donation and was on a percentage basis I
would have had to pay cash for $100,000 worth of envelopes. As it was,
we had envelopes for the next five years, gave a bunch to every other
non-profit in town, sold some to various businesses, and donated the
rest to a municipality that needed paper recycling volume. Caveat
emptor, but it is a good way to get quick and often excellent help for a
modest investment. Peace, Nick



-----Original Message----- 
From: John Martinson 
Sent: Jan 14, 2008 9:04 AM 
To: [log in to unmask] 
Subject: [MUSEUM-L] Consultants 


Has anyone in their museums used a consultant for planning,
reorganization,
events, fundraising, conservation, etc.?   Or have you used a consultant
to serve as "temporary" employees to do a specific (fix the problem
type)
job instead of hiring a full time public relations, event planner, and
so forth?  
What are the common fees for such services?  And the "big" question -- 
was there any major problems or perks for association with such
services?  
Thanks in advance.
 
John
Boise, ID
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The Museum-L FAQ file is located at http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed information about the listserv commands by sending a one line e-mail message to [log in to unmask] . The body of the message should read "help" (without the quotes).

If you decide to leave Museum-L, please send a one line e-mail message to [log in to unmask] . The body of the message should read "Signoff Museum-L" (without the quotes).