Contracts and Contract Management (Policy 5.090)

Authority:F.S. 668.50; 1001.64; 1001.63; 1004.65; 287.017; 287.055; FAC 6A-14.0734
Date Adopted:3/99, Rev. 12/04, 10/05, 05/09; 05/13; 08/14; 08/19; 4/21; 8/23

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. In the event of an emergency, for all contracts for which the District Board of Trustees has not otherwise delegated signature authority, the District Board of Trustees authorizes the President of the College to enter into any contract as provided herein. Before entering into any emergency contract, the President: (i) shall provide advance written explanation of the facts justifying the emergency to the Chair of the Board (or the Vice Chair if the Chair is unavailable), and (ii) must receive prior written authorization from the Chair of the Board (or the Vice Chair if the Chair is unavailable). In no event shall the term of any emergency contract continue beyond the last day of the College's current fiscal year or 6 months from the contract's effective date, whichever is longer.
    4. For purposes of this policy, an emergency is any situation in which: (i) there is an imminent threat to students, employees, or public safety; or (ii) in cases when necessary to prevent damage to the facilities caused by an unexpected circumstance; or (iii) a reasonably unforeseen situation that could result in cessation of continued services which would be detrimental to students, employees, or visitors. College employees shall not use an emergency to abuse or otherwise purposely circumvent the regular established purchasing procedure.
  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 to the President
    1. The District Board of Trustees hereby delegates authority to the President of the College to sign the following contracts.  
      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 2022-23).
      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 2022-23). 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 2022-23).
      5. Contracts with other academic institutions for academic partnerships that do not conflict with Procedure 1.0090.5, including but not limited to exchange or international programs, clinical affiliation agreements, articulation agreements, collaboration agreements, and other memoranda of understanding.  All contracts covered by Procedure 1.0090.5 or another College policy and procedure shall be approved and executed by the District Board of Trustees, or as set forth in policy and procedure.
      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. Contract Review
    1. The President shall cause a procedure to be developed to provide for the review of contracts.
  8. 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 third 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 executed version of the contract must indicate that the contract has been appropriately reviewed and approved in accordance with College procedure.
  9. The President shall cause a procedure to be developed to implement the policy contained herein.

Contact

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