course # sd 407
DESCRIPTION
COURSE # SD 407. The SERVICE AGREEMENT BEFORE & BEYOND September 2008 Kathy Tragos – Office of the Vice President for Administration – MB 3.102 – X6491. COURSE # SD 407. HELLO ! Name: Department: What does s/he do? Years in current position:. Before and Beyond. Academia. AVPA. - PowerPoint PPT PresentationTRANSCRIPT
COURSE # SD 407
The The
SERVICE AGREEMENTSERVICE AGREEMENT
BEFORE & BEYONDBEFORE & BEYOND
September 2008September 2008
Kathy Tragos – Office of the Vice President for Administration – MB 3.102 – X6491Kathy Tragos – Office of the Vice President for Administration – MB 3.102 – X6491
COURSE # SD 407
HELLO !HELLO !
Name:Name:Department:Department:What does s/he do?What does s/he do?Years in current position:Years in current position:
Before and Beyond
Academia AVPADisbursements &
Travel
Office of Vice President of Business AffairsOffice of Vice President of Business Affairsin collaboration with in collaboration with
Disbursements OfficeDisbursements OfficeTravel Services OfficeTravel Services Office
Payroll OfficePayroll OfficeDEFINE ServicesDEFINE Services
Office of the ProvostOffice of the ProvostFiscal ServicesFiscal ServicesLegal ServicesLegal Services
Office of Research Integrity and ComplianceOffice of Research Integrity and ComplianceOffice of Sponsored ProgramsOffice of Sponsored Programs
Office of International ProgramsOffice of International ProgramsDean’s of the CollegesDean’s of the Colleges
SME team at HR – Gary GrimesSME team at HR – Gary GrimesAnd each of YOUAnd each of YOU
Identify the correct type of payment Identify the correct type of payment requestrequest
Properly complete a Service AgreementProperly complete a Service Agreement
OBJECTIVES
Previously: ONE SIZE FITS ALL
ASA
Payroll
Salary Supplement/
Split Appointment
Service RequirementPO: Purchase Order
Service Agreement
US Provider
Service Agreement – non-US Citizen
Recognizing Requests
Service Requirement
Can’t be done
Part of the JobExpected contributions as faculty “Other duties as assigned”
Service Requirement
HOP 2.10B 1c Service:This category includes service to students, colleagues, department, college, and the University, including academic advising, counseling, and other student services; administrative and committee service; and service beyond the University to the profession, community, state and nation, including academic or professionally related public service.
Service Requirement
Speaking briefly at a luncheonSpeaking at a colleagues classMentoring studentsWorking individually with students
Service Requirement Examples
Salary Supplement
Different Payment Requests
Salary Supplement
Split Appointment
Service Requirement
Extra class during the semester
Other work during the semester
Appointments at 0%
Example: Chairperson
Salary Supplement
Requests for Salary Supplement Forms Electronic Supplement Appointment
Approved on a case by case basis
Human Resources Form
Salary Supplement
ACADEMIC AREAS
When the Provider is NOT at 100%HOP 4.7 III A 6.b
Where an administrator or other non-faculty employee is expected to teach on a regular basis, it is appropriate to treat such appointments as an adjustment to the current workload with a "split" appointment … …
QUESTIONS: Contact you Dean’s Office
Split Appointment -%-
Faculty Dean’s Office Dr. Johnson’s Office
Non- Faculty Dean’s Office Office of the Provost
Salary Supplement Routing
Recognizing the Differences
Salary Supplement/
Split Appointment
Service RequirementPO: Purchase Order
Purchase merchandisePurchase servicesPO -(under $5000)PB4 –(over $5000)Merchandise - Computers - Supplies Services - Exam Proctor - Speaker
PO: Purchase Order
PO – Purchase Order
Procurement Requirement “obtain best procurement value for the university”
Bidding Sole Source
Cannot be done after-the-fact
PO – Purchase Order
ACTIVITY 1
Service Salary Supplement Purchase Requirement Split Appointment Order
Service Requirement
Salary Supplement
the “UTSA Employee” factor
Service Salary PurchaseRequirement Supplement Order
If NOT NOT a
UTSA UTSA
Employee
PURCHASE PURCHASE ORDERORDER
If
UTSAUTSA
employee
SERVICESERVICE
AGREEMENTAGREEMENT
the “UTSA Employee” factor
the “UTSA Employee” factor
DEFINE does not allow Purchase Orders for:
•UTSA employees
•UT System employees
… the second job
Would you hire someone to work full time at two different positions ?
Possible impact?
Police officers:•Duties: attentive, alert, cautious•Impact of two full shifts on a regular basis?•As cautious, attentive and alert?•Physical impossibility
•Regulations exist on % time – (different from overtime)
The Service Agreement
Working at UTSA is no differentDepts. can’t “hire” people to work 2 positionsSal. Supplements/Supp. Appts. go through HR
The only way an additional service – part time- can be justified from the department is asan INDEPENDENT CONTRACTOR
The SERVICE AGREEMENT is for INDEPENDENT CONTRACTORS
The Service AgreementINDEPENDENT CONTRACTOR
DETERMINED BY BUSINESS AFFAIRS
FACTORS INCLUDE (but not limited to):
Not within the same scope of workNot using UTSA’s resourcesNot working as a UTSA Employee for purposes of the contract
Questions: Call Office of AVPA
The Service AgreementINDEPENDENT CONTRACTOR
•STATUS DETERMINED BY BUSINESS AFFAIRS
•CONTRACTED WITH A SERVICE AGREEMENT
SERVICE AGREEMENT
•A MUST FOR UTSA EMPLOYEES
•CAN BE USED BY NON-UTSA EMPLOYEES
•Year round agreement•Does not encumber funds•Prefer signed and written terms•Preference
SERVICE AGREEMENT PURCHASE ORDER
They are BOTH Contracts
We must have a contract in place with out provider prior to accepting services.
The ASA was NOT a contract; there was no agreement between UTSA and the provider
ProviderProvider ServicesServices DeliverablesDeliverables Independent ContractorsIndependent Contractors Procurement RequirementProcurement Requirement Signature AuthoritySignature Authority RoutingRouting
Understanding the LINGO
1.1. OfferOffer: Provider will give you _ : Provider will give you _ (Services and Deliverables)_(Services and Deliverables)_
2.2. UTSA will give you in exchange for UTSA will give you in exchange for _( $$.00) (_( $$.00) (ConsiderationConsideration); terms_); terms_
3.3. AcceptanceAcceptance – Signature authority – Signature authority
Offer - Consideration - AcceptanceOffer - Consideration - Acceptance
3 Contract Elements
OfferOffer:: (Exhibit “A”) (Exhibit “A”) ServicesServices DeliverablesDeliverables
ConsiderationConsideration (Exhibit “B”) (Exhibit “B”) CompensationCompensation ReimbursementReimbursement
AcceptanceAcceptance:: (Signature) (Signature) Signature Authority (pg 5)Signature Authority (pg 5)
Service Agreement parts
What factors do we need to consider?What factors do we need to consider?
Can we legally do business with this provider?Can we legally do business with this provider?
Can we comply with the new Conflicts of Interest Policy Can we comply with the new Conflicts of Interest Policy distributed Dec. 20, 2007? distributed Dec. 20, 2007? (UTSA employees)(UTSA employees)
1)1) Citizenship FactorCitizenship Factor2)2) ORIC complianceORIC compliance3)3) Vendor ID in DEFINEVendor ID in DEFINE4)4) Submit evidence of complianceSubmit evidence of compliance
PRE-Service Agreement Questions
NON US CITIZENSNON US CITIZENS
Non US Citizen Non US Citizen clearance –FORM A/B-1clearance –FORM A/B-1
MustMust be on a be on a Service AgreementService Agreement
____________________________
US CITIZENSUS CITIZENS
______________________________
Service Agreement – Service Agreement – for UTSA employeesfor UTSA employees
PO for non- UTSA PO for non- UTSA employee (option)employee (option)
Citizenship Factor
Contracts with NON US CITIZENSContracts with NON US CITIZENS
Starts with approval from Office of Starts with approval from Office of International ProgramsInternational Programs
May be determined or limited by May be determined or limited by Immigration status; (grant funding)Immigration status; (grant funding)
** Always obtain OIP approval Always obtain OIP approval BEFORE BEFORE completing Services agreement and completing Services agreement and BEFOREBEFORE acquiring signatures. acquiring signatures.
Citizenship Factor
NON US CITIZENSNON US CITIZENS
Non US Citizen Form A or B-1 - < > (AVPA/OIP)Non US Citizen Form A or B-1 - < > (AVPA/OIP) Must be on a Service AgreementMust be on a Service Agreement
PAYMENT ROUTING:PAYMENT ROUTING:
Payment is processed through the Payroll Payment is processed through the Payroll Department (non-US citizen tax specialist)Department (non-US citizen tax specialist)
Additional information may be requiredAdditional information may be required
Citizenship Factor
Office of Research Integrity and ComplianceOffice of Research Integrity and Compliance
Visual Compliance CheckVisual Compliance CheckCountry Import / Export control clearanceCountry Import / Export control clearance
ORIC Factor
DEFINITIONDEFINITION
Vendor in DEFINE Vendor in DEFINE is a vendor who/that has been set up in our is a vendor who/that has been set up in our
DEFINE systemDEFINE system
The EID is the # set up in our payroll systemThe EID is the # set up in our payroll system
NONO Social Security Numbers in any form! Social Security Numbers in any form!
(VID offers control) Example (VID offers control) Example abc123abc123
Vendor in DEFINE - VID
1)1) W-9 - found in UTSA Public Folders – W-9 - found in UTSA Public Folders – DisbursementsDisbursements
Filled out, signed and datedFilled out, signed and dated
2)2) Create a GGV to be approvedCreate a GGV to be approved
Vendor in DEFINE – needed:
1)1) BY FAX:BY FAX:1)1) FaxFax signed and dated W-9 form signed and dated W-9 form
2)2) FaxFax copy of GGV copy of GGV
1)1) BY EMAILBY EMAIL1)1) FORWARD FORWARD emailemail from Provider with W-9; this from Provider with W-9; this
email will be used as electronic signatureemail will be used as electronic signature
2)2) Include GGV Document ID # in Include GGV Document ID # in emailemail
Vendor in DEFINE – setting up
1) IF Non- US citizen::1) IF Non- US citizen:: FaxFax signed and dated W-8 form (some may have signed and dated W-8 form (some may have
Tax ID numbers even though they are not citizensTax ID numbers even though they are not citizens FaxFax copy of GGV copy of GGV
2) OTHER:2) OTHER:1)1) Include GGV Document ID Include GGV Document ID 2)2) Identification on Vendor letterheadIdentification on Vendor letterhead
QUESTIONS : CALL DISBURSEMENTSQUESTIONS : CALL DISBURSEMENTS
Vendor in DEFINE - other
Chapter 4Chapter 4 Personnel - GeneralPersonnel - General 4.31 Conflicts of Interest Policy4.31 Conflicts of Interest Policy
H. Self-dealing/Transactions with Employees H. Self-dealing/Transactions with Employees AdditionallyAdditionally, before UTSA may purchase, before UTSA may purchase any any
supplies, materials, supplies, materials, servicesservices, equipment, or , equipment, or property from you, the president or his property from you, the president or his designee must approve the purchase, and the designee must approve the purchase, and the purchase may be made only if the cost is less purchase may be made only if the cost is less than from any other known source.than from any other known source.
Conflicts of Interest Policy
before UTSA may purchasebefore UTSA may purchase any supplies, any supplies, materials, materials, servicesservices, equipment, or , equipment, or property property
from you, from you, the president or his designee must approve the the president or his designee must approve the
purchase, purchase,
and and
the purchase may be made only if the cost is the purchase may be made only if the cost is less than from any other known source.less than from any other known source.
4.31 Conflicts of Interest Policy
Service Agreement- Template
1
2
Service Agreement
4
3 5
I thought…I thought…It was assumed…. It was assumed…. It’s not hers? It’s not hers? I was supposed to get $100/ hr not a total I was supposed to get $100/ hr not a total
of $100.00 of $100.00 Payable in two parts…..Payable in two parts…..
AGREEMENT TERMS MUST BE AGREEMENT TERMS MUST BE SPECIFIC AND CONSISTENT SPECIFIC AND CONSISTENT
Service Agreement = Legal Document
Exhibit “A”
ServicesServices• DressmakerDressmaker
DeliverablesDeliverables Sew Two red Sew Two red
evening dresses evening dresses with matching with matching capescapes
Hem 1 skirtHem 1 skirt Fix sleeves on one Fix sleeves on one
shirtshirt
“A”: Services & Deliverables
ServicesServices• Food services Food services
for Graduation for Graduation banquetbanquet
DeliverablesDeliverables SaladSalad EntréeEntrée Choice of 3 dinnersChoice of 3 dinners Service and clean-Service and clean-
upup Set up at 5:30Set up at 5:30 Clean up by 9:30Clean up by 9:30
“A”: Services & Deliverables
ACTIVITY 2
Your Dean stopped by and asked you to arrange for payment for Dr. Utsa
Dr. Utsa will be providing the following services. Complete Activity Sheet #2 listing Services & Deliverables
Group – A: Guest Lecturer – UT System EmployeeGroup – B: Presenter at Forum - not a UTSA employee Group – C: Exam Proctor – UTSA employeeGroup – D: Moderator for Panel - UTSA employeeGroup – E: Design a Logo – UTSA employee
CompensationCompensation
Flat rateFlat rate Hourly rateHourly rate Per DiemPer Diem Up toUp to Not to exceedNot to exceed
How is going to be How is going to be paid?paid?
ReimbursementsReimbursements TransportationTransportation AirfareAirfare ParkingParking HotelHotel MealsMeals
What is going to be What is going to be covered?covered?
Exhibit “B”
YOU YOU ARE IN CHARGEARE IN CHARGE
CompensationCompensation
Must be consistent Must be consistent with other terms of the with other terms of the agreementagreement
Terms must be Terms must be specificspecific
ReimbursementsReimbursements Must be a Must be a
compensatory compensatory relationshiprelationship
Must specify what is to Must specify what is to be reimbursedbe reimbursed
Can only be for the Can only be for the Provider for these Provider for these business related business related expenses.expenses.
Exhibit “B”
YOU YOU ARE IN CHARGE ARE IN CHARGE YOUYOU ARE RESPONSIBLE ARE RESPONSIBLE
ROUTING SHEETS
Routing Requirements
Service Agreement
Non Academic Related
Academic Related UTSA employee Research/Service
Agreements (26)
Academic Related Non UTSA employee
AVPA Dean’s Office Dean’s Office Dean’s Office
NON-FACULTY: Provost’s Office AVPA Office of the
Provost
AVPA OSP/26(FINAL)
/AVPA
FACULTY: Dr. Johnson’s Office FACULTY:
Dr. Johnson’s Office
Service Agreements with Non US Providers must route through OIP (Form A/B-1) AND ORIC
AVPA
OSP
Public FoldersPublic Folders
Service Agreement Routing SheetService Agreement Routing Sheet
Academic Agreement (Non US Entities) routing Academic Agreement (Non US Entities) routing Sheet OTHER Sheet OTHER
• Educational Experience AgreementsEducational Experience Agreements
(Affiliation Agmt Routing Sheet)(Affiliation Agmt Routing Sheet)
Routing Sheets
NOW WHAT?NOW WHAT?Responsibilities: (cover sheet)Responsibilities: (cover sheet) Signatures – fully executed copy to AVPASignatures – fully executed copy to AVPA Services renderedServices rendered UTSA responsibilities metUTSA responsibilities met
PaymentPayment Texas Prompt Payment Act service/invoiceTexas Prompt Payment Act service/invoice InvoiceInvoice DisbursementsDisbursements
Service Agreement - Signed
DISBURSMENTSDISBURSMENTS Prompt Payment Act – TexasPrompt Payment Act – Texas ReceiptsReceipts Invoice – Public FoldersInvoice – Public Folders Create VP-2Create VP-2 Send to Disbursements with all (signed) Send to Disbursements with all (signed)
supporting paperworksupporting paperwork
Document the compensatory relationshipDocument the compensatory relationship
Service Agreement: Payment
ASA
Service Agreement: Before
Salary Supplement
Purchase Order>5000<5000
Can’t Do
Service Agreement
Non US Citizen
ServiceAgreement
ServiceRequirement
Payment RequestY U
The Service Agreement: BEYOND
Office of Vice President of Office of Vice President of Business AffairsBusiness Affairs
Identify the correct type of payment Identify the correct type of payment requestrequest
Properly complete a Service AgreementProperly complete a Service Agreement
OUESTIONS ?
Office of Vice President of Business AffairsOffice of Vice President of Business AffairsThanks to:Thanks to:
Disbursements OfficeDisbursements OfficeTravel Services OfficeTravel Services Office
Payroll OfficePayroll OfficeDEFINE ServicesDEFINE Services
Office of the ProvostOffice of the ProvostFiscal ServicesFiscal ServicesLegal ServicesLegal Services
Office of Sponsored ProgramsOffice of Sponsored ProgramsOffice of International ProgramsOffice of International Programs
Office of Research Integrity and ComplianceOffice of Research Integrity and ComplianceDean’s of the CollegesDean’s of the Colleges
SME team at HR – Gary GrimesSME team at HR – Gary GrimesAnd each of YOUAnd each of YOU