This document outlines the background, parameters, and considerations for developing agreements for fiscal and staffing services for campus related organizations as well as the roles and responsibilities in establishing and administrating these agreements.
The Research Foundation (the "Foundation" or "RF") provides services to campus related programs and organizations through an agency relationship documented in written legal agreements between the RF and the entity for which the services are being performed. Services are provided based on the following
- Activity is consistent with the mission of the Foundation
- Activity operates on a cash basis, and
- Agency accounts must be funded in advance of expenditures.
There are two types of agency services.
Purchasing and Accounts Payable
Staffing and Benefits*
* This service enables a third-party entity to hire staff to work at their place of business but be paid and receive benefits through the RF. The agency agrees to abide by all RF Human Resource policies, hiring procedures and salary and benefit guidelines.
Roles and Responsibilities
It is the campus responsibility to do the following:
- Ensure a clear relationship between the organization requesting services and the State University of New York – any agency relationship needs
to be approved by the Office of General Counsel at RF central office (OGC) prior to execution.
- Ensure adequate funds are available for the provision of services. Agency accounts must be funded in advance.
- Determine the appropriate fees to charge on the activity above and beyond central office costs.
- Provide any draft agreements to the OGC for review prior to execution.
- Once executed, a copy of the final, signed agreement must be forwarded to the OGC. (OGC will notify the Finance Office regarding fiscal service
agreements and the Office of Administration & Human Resources regarding staffing services agreements.)
- Provide annual revenue estimates via the on-line estimate tool for these agreements pursuant to the RF’s Financial Plan process.
- If staffing services will be provided, the campus must work with the OGC to determine appropriate insurance requirements.
- Work with the Office of Sponsored Programs Services in the area of deficit monitoring and collections.
It is the responsibility of the OGC to keep a copy of the fully executed agreement on file.
- RF OGC will:
- review all agreements prior to execution.
- offer legal counsel regarding the terms of the agreement, including insurance requirements, if applicable, and provide
guidance to the campus.
- serve as the office of record for all agency agreements.
- make the appropriate RF central office departments aware and forward copies of fully executed agreements, as needed.
- RF central office Finance Department will:
- provide information for the agreement regarding appropriate fees to cover RF expenses incurred as a result of the
provision of these services.
- provide support services to campus staff for accounts payable / purchase order related issues to fiscal agency agreements.
- perform risk tolerance monitoring and contact the campus if appropriate
- RF central office Human Resources Department will:
- provide support services to campus HR staff for any employee, labor relations, payroll or benefits issues related to
employees included in staffing service agreements.
- RF central office of Sponsored Program Services will:
- on behalf of centralized campuses, work with the campus and OGC to create a contract
- on behalf of centralized campuses, sign the contract and establish an award in the Oracle business system
- on behalf of centralized campuses, will perform accounts receivable and collection functions
- coordinate collectability assessment with campuses and other CO departments
Agreement to Use
Fiscal Services Agreement – Use a Fiscal Services Agreement if the RF wants to contract with a third party entity such as a campus based foundation or an affiliated entity to pay vendors and/or contractors for the execution of the mission of the third party entity.
Staffing Services Agreement – Use a Staffing Services Agreement if the RF will be hiring staff for employment at a third party campus related organization, paying their salary and providing employee benefits.
Staffing and Fiscal Services Agreement – Use this combined agreement if the RF will be providing both types of services to a third party campus related organization.
Note: Contact the Office of General Counsel to obtain the appropriate agreement template(s) for each service listed above.
December 1, 2009
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Research Foundation of State University of New York