Year Adopted:
1999
Revised:
2016
Policy
All contracts entered into between the College and an individual or organization, whether to provide a service to the College or receive a service from it, must be signed by the President or his/her designee prior to formal commitment. The Vice President for Finance and Administration serves as the President’s designee for all contracts. A contract is a legally enforceable agreement between the College and another party whether or not it is entitled “contract”. See the procedure for examples of contracts and exceptions to this policy.
Individuals who enter into contracts without the requisite authority may be personally liable for the obligations assumed under such agreements and may also be subject to disciplinary action, up to and including termination.
Signed Policy
Procedure
A. General
- a. A contract is any legally enforceable agreement between the College and another party whether or not it is titled “contract”. An agreement may be a binding contract even though one party provides something of value to the other party at no charge. Examples include, but are not limited to: student government contracts for service, space rentals, and any capital project.
- b. Proper contract review may take more than one week since there are multiple steps in the process. Contract initiators should submit proposed documents for signature as early as possible to avoid missing deadlines.
B. Vice President for Finance and Administration Review
- a. The Vice President for Finance and Administration will review all contract, agreement, MOU, and MOA (herein referred to as “contract”) language for accuracy, appropriateness to CPTC programs, fiscal and legal ramifications, potential liability issues, financial feasibility, compliance with ethics laws, clarity of intent, etc. prior to the contract being signed by the President or designee.
- b. If the Vice President for Finance and Administration finds errors, omissions, or requires further information regarding the contract, it will be sent back to the originator for correction. If significant legal or ethical questions arise, the contract may be referred to the Assistant Attorney General for advice.
- c. If the President’s signature is required on the contract, the Vice President for Finance and Administration will forward it to the President for signature after his/her review is complete.
- d. Once signed, the original contract must be kept in the Finance Office and a copy returned to the originator for retention. If the originator requires the original, a copy must be retained in the Finance Office.
C. Exceptions
- a. Employment Agreements - Human Resources is authorized to approve employment agreements rather than the President or designee. However, prior approval from an authorized individual within the Finance Office is still required.
- b. Purchase Orders - Purchased goods and services, as specified by the Department of Enterprise Services, may be contracted through the regular purchase order process.
- c. Purchase Cards - Employees with College Purchase Cards must abide by the terms of the cardholder’s agreement when committing the college to purchases through their card. Purchases must always be authorized in advance.
- d. Articulation Agreements - Articulation agreements with other educational institutions may be authorized by the Vice President for Instruction. However, prior review by the President or designee is required.
- e. Software User Terms of Use - As a practical matter, agreements to abide by the terms of use under software or computer applications are an exception to this procedure. However, the software or application itself must be compliant under the College’s ethics, information and communications, and accessibility policies.
D. Methods of filing agreements
- Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's website or other electronically retrievable public source. In the event that an agreement entered into pursuant to this chapter is between or among one or more public agencies of this state and one or more public agencies of another state or of the United States the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.
- a. Interagency Contracts
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- a. Interlocal Contracts
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