The majority of contract processing is through the Missouri Contract System – . This system helps campus departments by automating many of the steps involved. A summary of this process is shown below:
Appearance Agreement
The Appearance - Speaker form is used for a very short-term, one- or two-day appearance for the purpose of giving a lecture or presenting a seminar.
Appearance-Speaker Agreement (PDF)
Performance Agreement
The Performance Agreement forms are used for musical, theatrical, or other artistic performances.
Performance Agreement $300.00 or Less (PDF)
Performance Agreement Over $300.00 (PDF)
Consulting & Personal Services Agreements
The consulting form is for companies, LLC’s or higher risk projects with individuals. The personal services form is for lower risk agreements with individuals. These forms can be used for any type of professional service such as editing, proofreading, marketing plan development, photography, or training.
Consultant Agreement (PDF)
Personal Service Low Risk Individual (PDF)
All agreements for services where the other party named on the contract is an individual rather than a company or other type of business organization must be accompanied by an Independent Contractor Checklist.
Independent Contractor Classification Document (PDF)
The checklist satisfies IRS regulations requiring clear demonstration that the individual should be treated as an independent contractor, rather than an employee, for tax purposes.
The checklist also documents the citizenship status of the independent contractor which is important in determining if non-resident alien taxation issues exist. Be aware that contracting with non-US citizens has special tax implications. Processing agreements of this type requires additional time.
All standard contract forms can be found at https://muop-applications.missouri.edu/contracts/. Please click on the ‘Go to Download Form page’ button.
Special Considerations for Independent Contractors
Special care must be taken when evaluating whether a present or former employee of the university should be hired as an independent contractor. If the individual you propose to contract with is also a university employee, that individual must comply with the university’s Conflict of Interest policy prior to the execution of the agreement. It is recommended that current and recent former university employees be paid as employees.
According to IRS guidelines, a continuing relationship is one indication of an employee/employer relationship. Any employment of present and former university employees as independent contractors must be evaluated carefully for other indications of employee status. In this situation, employee status might be required due to:
- The worker being previously paid as an employee to perform essentially the same type of work.
- Other workers being paid on an employee basis to perform similar tasks.
Common Errors
The following are the most common errors made in drafting and processing contracts.
- Ex post facto contracts: "Ex post facto" means "after the fact." All contracts should be prepared, reviewed and executed BEFORE the work begins or the event occurs.
- Vague or Non-existent Details: It is imperative to completely describe the work to be done. This provides a basis for evaluation of the quality of services provided and allows for much easier resolution of any disputes.
- Failure to attach supporting documentation: If supporting documentation is required or referenced (classification checklist, vita, exhibits or addendums), attach it to the contracts when submitting them.
- Signatures on the wrong line: Make sure that the other party knows where to sign.
- Failure to have Principal Investigator (PI) approve an agreement to be paid from grant funds: The principal investigator (PI) of the grant must approve through the email link sent for any agreement paid from grant funds. By approving through the Contract Portal email link, the PI verifies that the expenditures are in accordance with the terms of the grant.
Leases/Facilities Use Agreements
All leases of real property are processed through Finance and Administration. Leases must be reviewed and approved by the UM General Counsel. In certain cases, leases require additional approval from the Board of Curators.
Short-term use agreements, such as hotel contracts or facilities use licenses should be directed to the Contracts Team for review and execution. As with contracts, signature authority rests only with the Contracts Team or those to whom the Office of the General Counsel has specifically delegated signature authority.
The Contracts Team also prepares Facilities Use Agreements with outside entities seeking to use 性视界传媒 facilities (other than the university Center) for their events.
