Finance & Procure to Pay
Business Forum
September 15, 2014
Signature Authority &
Subdelegations
Business Forum
September 15, 2014
Delegation of Authority
•
Board Resolution 2011-3245 ( dated 11/18/2011)
–
Board of Trustees authorized President “to sign on behalf of the
university all contracts and other documents in which the
University incurs or discharges a legal obligation.”
•
President’s directive (dated 11/30/11)
–
President delegated to VPFA authority “to sign (i) all agreements
in which the University pays or receives money or other
consideration and (II) all contracts involving the payment or
receipt of amounts greater than $1,000,000 that were not
previously approved as part of a university budget, as cosigner
with the President.”
•
VPFA subdelegation (dated 9/2/2014)
–
http://www.ohio.edu/finance/procuretopay/upload/vpfa_signat
Delegation of Authority to CFAOs
Procurement of leasing of goods, supplies, and services,
including consulting services, identified below:
Independent Contractor (IC):
Honorarium Agreement
RC CFAO
IC Agreement (EZ Form)
RC CFAO
CFAOs may not further delegate signature authority.
See
http://www.ohio.edu/finance/procuretopay/upload/PU_contacts-2.pdf
Independent Contractor Process
Business Forum
September 15, 2014
The Objective
•
Create a process that:
•
meets regulatory requirements;
•
is user friendly, intuitive, and simple;
•
facilitates prompt payment;
•
allows for delegated signature authority
(Honorarium and Independent Contractor EZ) by
planning unit CFAO.
Independent
Contractors
Goal is to move to template agreements to streamline customer experienceTier 1
Honoraria(less than $1,500 excluding travel)
DELEGATED SIGNATURE AUTHORITY TO UNIT CFAO •Speaker •Panelist •Artist/Musician •Conductor/Director •Workshop/Seminar •Lecturer
Tier 2
Independent Contractor EZDELEGATED SIGNATURE AUTHORITY UNIT CFAO
•Actor
•Editorial/Writing/Indexing Services •Entertainer
•Guest Artist/Director/Conductor (Above $1500) •Interpreter/Translation Services
•Photographer/Videographer •Speaker Panelist (Above $1500)
•Sports Officials (referees, timekeepers, etc.) •Transcriptionist •Workshop/Seminar
Tier 3
Comprehensive Services NO DELEGATED SIGNATURE AUTHORITY •Consultants •Graphic Designers •Subject Matter Experts •Curriculum Designers •Event Planners •Personal ServicesSupplier Provided
Contracts
NO DELEGATED SIGNATURE AUTHORITYRegulatory Requirements
• IRS Independent Contractor Guidelines
– Establishes “Common Law Rules” for determination of employees versus independent
contractors.
• OPERS - Ohio Revised Code 145.036, 145.037, 145.038 (Effective June 30, 2013)
– Requires a clause regarding Ohio Public Employees Retirement System (OPERS) to be present in all contracts.
– Requires reporting all independent contractors to OPERS monthly. • Ohio New Hire Reporting Center- Ohio Revised Code 3121.89
– Requires reporting all new hired employees and independent contractors to the State
within 20 days of hire.
• Ohio Revised Code 3345.29
– Outlines specific contract management and documentation requirements for state universities.
Template Agreements
3-Tiered Approach
1. Incorporate an independent contractor determination step to the “Add Supplier” process in BobcatBUY to aid unit in pre-determination.
2. Create process that
A. Streamlines procurement, contract requirements;
B. Adds Invoice component (Ok to Pay) for Honoraria and IC EZ for submission for payment post services rendered;
C. Provides users’ training resources.
3. Introduces template agreements that can be used by colleges and departments at Supplier Add or at Requisition for existing suppliers.
Tier 1
Honoraria
DELEGATED SIGNATURE AUTHORITY TO UNIT CFAO
Tier 2
Independent
Contractor EZ
(Frequent Services)
DELEGATED SIGNATURE AUTHORITY TO UNIT CFAO
Tier 3
Comprehensive
Services
Yes -Contractor N o -E m p l o y e e E. P2P reviews D. College obtains paperwork (recommended): -SUBW9 -Contract -Insurance C. College submits Request to Add or Modify Supplier/Payee in BCB and answers IC questions. B. College uses provided checklist to make initial determination for
supplier set up. A. College identifies
need for service provider ensuring competitive bid requirements are met.
Independent Contractor
Determination Process
HIRE AS EMPLOYEE
Combined Insurance and Contract Guide
In Development
Honorarium Agreement
Delegated Signature Authority To Unit CFAO
•
Amount does not exceed $1,500
excluding travel
•
No contractual liability on either
party
•
Must be a token of appreciation or to
cover expenses
•
Some federal restrictions on
honorariums to non-resident aliens
•
Is reportable income
•
No scope attachment required
•
‘Payment Approval’ on executed
contract allows for contract to be
used as ‘Invoice’
IC EZ Agreement
Delegated Signature Authority Under Bid Threshold To Unit CFAO
•
Strictly defined roles
•
No scope attachment
required
•
‘Nature of Service’ must
be on form to be used
•
‘Payment Approval’ on
executed contract
allows for contract to be
used as ‘Invoice’
Comprehensive IC Agreement
No Delegated Signature Authority•
Used for payee performing
a service for compensation
as an independent
contractor on those services
or thresholds not specified
on Honoraria and IC EZ.
•
An Exhibit A must be
attached detailing service
provided, such as proposal
or statement of work.
•
Invoice must be created by
supplier/payee
EXHIBIT A
Statement of Work,
Or
Questions?
Please Contact:
Finance Customer Care Center
Email:
financecustomercare@ohio.edu
Travel & Expenditure Reviewer
Checklist
Business Forum
September 15, 2014
About the Checklist
www.ohio.edu/finance/procuretopay/upload/Reviewer_checklist.pdf
The purpose of this checklist is to provide
guidance to decentralized reviewers and
approvers for all expenditures.
This list is not meant to be all inclusive.
It is the responsibility of each employee to
understand and comply with the policies and
procedures of the University. Periodic audits will be
conducted to ensure compliance with policy.
Criteria for determining allowable
expense:
•
Necessary to perform a valid business purpose fulfilling
the mission of the University; and
•
Reasonable in that the expense is not extreme or
excessive, and reflects a prudent decision to incur the
expense; and
•
Appropriate in that the expense is suitable and fitting
in the context of the valid business purpose; and
•
Allowable according to the terms of any regulations,
sponsor or donor agreements, or University policy.
Definition of IRS Accountable Plan
1. Your expense must have a business purpose;
2. You must adequately account to your employer
for expenses within a reasonable period of time;
3. You must return any excess reimbursement or
allowance within a reasonable period of time.
If the Accountable Plan rules are not followed,
reimbursements will be treated as taxable to the
employee (and subject to income and withholding
taxes).
Grant Awards
The items shown on the checklist consistently point to
the importance of knowing and understanding the terms
and conditions of your awards and the sponsoring
agencies.
Be aware that there are agencies that require the use of
different per diem rates, mileage rates, and receipt
requirements.
This is routinely the case with awards from: Ohio Department
of Transportation, Ohio Development Services Agency
The following grid specifies the types of
expenses that will continue to be 100% audited
by Finance:
Expenditure Category Grants Foundation Other University
Other Professional Services-including
research subject payments X
Subcontracts X
Equipment X
Student travel X
Student Payment Release forms X