Contracts and Contract Management (Policy 5.090)

Policy

For the purposes of this Policy, the term "contract" shall include any document, agreement, memorandum of understanding, contract, obligation or promise to undertake an obligation, instrument of payment, or instrument of conveyance, regardless of whether any money, property, or services are given or received as consideration. It is the policy of the District Board of Trustees that all contract activity of the College shall be conducted in accordance with Florida Statutes, State Board of Education Rules, Policies of the District Board of Trustees, and any applicable federal, State of Florida or local laws and regulations. The contract activity of the College shall be conducted in accordance with sound business practice in order to promote the orderly and efficient operation of the College.

1. Contracting Party
   1. The District Board of Trustees is the contracting agent of the College. All contracts shall be in writing and shall name the “District Board of Trustees of Seminole State College of Florida” or “Seminole State College of Florida” as the party to the contract.
      
      
2. Signature Authority
   1. Unless otherwise specified in College policy or procedure, all contracts must be signed by the District Board of Trustees.
   2. The President is authorized to sign, on behalf of and without further approval from the District Board of Trustees, all documents, agreements, contracts and instruments of payment and conveyance pursuant to College policy as specified herein and any other College policy or procedure. This authority is in addition to authority given to any other authorized party that may sign on behalf of the District Board of Trustees, as listed in any other College policy or procedure. The President is authorized to delegate this signature authority in writing to a specific person or persons to promote the orderly and efficient operation of the College.
   3. Anyone who is not authorized, as described in paragraph 4 below, and who signs a Contract that purports to bind the College is acting without authority. This includes but is not limited to any individuals agreeing to “click-through” agreements without obtaining the requisite review, approval, and signature as required by this Policy. A click- through agreement is any digital or online requirement to actively “agree,” “accept,” “consent to,” etc., terms or conditions for using or purchasing goods or services by clicking a button or link indicating agreement, acceptance, or otherwise acknowledging additional terms. Any contracts, including click- through agreements, which are executed outside of the contracting authority established in this policy are not binding upon the College.
      
      
3. Employment Contracts
   1. The District Board of Trustees shall approve the language used in all forms of employment contracts for College personnel.
      
      
4. Delegation of Signature Authority of the President
   1. The District Board of Trustees hereby delegates authority to the President of the College to sign the following contracts. The contract amount for purposes of determining the contract’s Category is the contract price for the initial term. No contract amount, or any associated documentation containing the contract amount, shall be split, subdivided, or contain perpetual automatic renewals to avoid approval or signature by the Board of Trustees or the appropriate designee.
      
      

      Type of Contract
      1. Real estate contracts for facilities rentals pursuant to College policy and/or procedure, and leases for terms of 7 years or less (excluding renewal terms) for less than all of the space in an existing College-owned building.
      2. Contracts for goods, licenses, or services not required to be bid under Florida law, rule, or College policy and procedure, including lease purchase agreements of less than 5 years that do not otherwise require Board action or the use of specific fees as payment, and approval or rejection bids for the procurement of commodities or non-professional services not exceeding the Category Five threshold as specified in Section 287.017, Florida Statutes (NOTE: $325,000 in FY 201825).
      3. Contracts and approval or rejection of bids for the procurement of professional services, as defined in Section 287.055, Florida Statutes, not exceeding the Category Two threshold specified in Section 287.017, Florida Statutes (NOTE: $35,000 in FY 201825). Professional services are defined in Section 287.55 as those services performed by architects, professional engineers, landscape architects, or registered surveyors and mappers.
      4. Contracts and approval or rejection of bids for construction projects or electrical work not exceeding the threshold amounts of Section 255.20, Florida Statutes (NOTE: $300,000 for construction projects/$75,000 for electrical work in FY 201825).
      5. Academic agreements including, but not limited to, exchange or international programs, affiliation and/or clinical placement agreements, articulation agreements (internal and external) and other memoranda of agreement with academic institutions. Any such agreements may not alter curriculum and must comport with the College catalog unless approved per Procedures 1.0900.5 and 4.0600.
      6. Contracts, licenses, or other agreements relating to any intellectual property owned by the College.

   2. The President may, by separate written designation, authorize additional persons to sign any of the contracts that he or she is authorized to sign.
      
      
5. Compliance with Civil Rights Laws
   1. It is the policy of the District Board of Trustees to comply with all federal, state and local laws prohibiting discrimination and to assure that no contract is entered into with any party that discriminates on the basis of race, color, religion, pregnancy, national origin, ethnicity, age, sex, gender, veterans’ or military status, disability, sexual orientation, genetic information, marital status or any other factor protected under applicable federal, state, and local laws, rules, and regulations.
      
      
6. Minority Business Enterprises
   1. It is the policy of the District Board of Trustees to encourage minority participation in the economic life of the community and to encourage the use of minority business enterprises to the extent permitted by applicable federal, state, and local laws, rules, and regulations.
      
      
7. Electronic Signatures
   1. The District Board of Trustees authorizes the Chair, the College President, and/or their designees, to use and accept facsimile or electronic records or electronic signatures with the same legal effect as a manual signature and manual or physical records, in accordance with Florida Statutes.
   2. The College may use any form of electronic signature that creates some kind of permanent or unalterable mark or other formal indicia of intent to sign or adopt the contract. Examples include: physical signatures stored and/or transmitted in digital form (PDF, facsimile, etc.); electronic signatures administered through software or a third party that provide verifiable date and time of signature and/or some other method of confirmation (confirmation number, IP Address, etc.); and electronic signatures through a service, site, or database that requires access by username and password. The College may not sign or otherwise authenticate a contract by use of a signature contained in the body, footer, or signature block of an e-mail.
   3. The College may accept any form of electronic signature from parties that creates some kind of permanent or unalterable mark or other formal indicia of intent to sign or adopt the contract. Examples include: physical signatures stored and/or transmitted in digital form (PDF, facsimile, etc.); electronic signatures administered through software or a third party that provide verifiable date and time of signature and/or some other method of confirmation (confirmation number, IP Address, etc.); and electronic signatures through a service, site, or database that requires access by username and password. The College may not accept signatures that are in file formats intended for editing (word processing file formats, etc.).
   4. The President may authorize exceptions to the types of signatures that the College may accept or receive in a signed writing, subject to the review and consent of the Office of Legal Affairs.
   5. If a contract is executed by the College with an electronic signature, the signed version of the contract must be stored with a copy of the contract indicating that the contract has been reviewed and approved in accordance with College procedure and indicating the name of the authorized signatory executing the contract, the date of execution, and the manner of signature (PDF, other electronic signature, etc.).
      
      
8. The President shall cause a procedure to be developed to implement the policy contained herein.
   
   
9. Any employee who enters or signs a contract or agreement on behalf of the College without proper authorization, as outlined in this policy, may be subject to disciplinary action or personal liability.

Rulemaking Authority and Law(s) Implemented: Florida Statue §§, 287.017, 287.055, 668.50, 1001.63, 1001.64, 1001.65, 1004.65, FAC 6A-14.0734, and Policy 1.010

History – Adopted 3/1999, Revised 12/2004, 10/2005, 5/2009, 5/2013, 8/2014, 8/2019, 9/2025