EAST TENNESSEE STATE UNIVERSITY Agreement Routing Form Procedures THE FOLLOWING PROCEDURES MUST BE FOLLOWED TO PROCESS A PERSONAL SERVICES AGREEMENT, CLINICAL AFFILIATION, OR HARDWARE/SOFTWARE LICENSE AGREEMENT. Clinical Affiliation and Hardware/Software License Agreements The Agreement Routing Form must be completed and forwarded with the proposed contract to the Comptroller’s Office for review. No one is authorized to sign an agreement that has not been reviewed by the Comptroller’s Office. Individuals who sign agreements that contain language unacceptable to the State may be held personally liable for any damages that may result from subsequent litigation. Financial Procedures Manual FP-14 contains guidance as it relates to these types of contracts. Hardware/Software License Agreements are most likely to contain language unacceptable to the State. If you plan to purchase Hardware/Software that requires a License Agreement, please obtain an example agreement as soon as possible and forward to the Comptroller’s Office for review. The negotiations often take a considerable amount of time and the sooner this begins, the quicker the license agreement can be signed. Personal Services Contracts The IRS has vigorous enforcement of rules related to whether a person is an independent contractor or employee. It is extremely important that the two questions on the front of the form as well as the 20 common law questions of the form be properly answered. If the evidence indicates that the person should be an employee, he/she must be hired in accordance with university personnel policies and procedures. The Agreement Routing Form must be completed and signed by the University employee who will supervise and monitor the work to be performed. Certification by clerical staff and others with insufficient knowledge of or responsibility for, the work to be performed is not acceptable. If the amount of the agreement is under $500. No formal contract is required if the total expenses for the work performed is less than $500. The completed Agreement Routing Form along with completed W-9 form (W-9 to be completed/signed by contractor) and memorandum certifying that the work has been completed should be forwarded to the Comptroller’s Office so payment can be made. Payment will NOT be made without a properly completed and signed W-9 on file. As with DTA’s, these amounts will not be encumbered. If the person with whom we are contracting requires a contract, the contract must be processed in the same manner as contracts over $500. If the amount of the agreement is over $500. The Agreement Routing Form must be completed and signed. A completed W-9 form, a copy of the contract signed by the person with whom we are contracting, and the Agreement Routing Form should be routed to the Comptroller’s Office at least two weeks prior to the beginning of the term of the contract. This will allow sufficient time for appropriate university signatures to be obtained. Payment will NOT be made until a properly completed and signed W-9 form and a fully executed contract are on file in the Comptroller’s Office. A standard contract form which can be used for most types of personal service contracts can be found at http://www.etsu.edu/comptrol/frm.htm. This is a fill in the blank form. The Standard Terms and Conditions that includes all clauses required by the TBR and State of Tennessee and is to be part of all contracts can also be found at this website. Version 06042004