Contracts (Procedure 5.0900)

Purpose:

The purpose of this procedure is to provide a process for review and approval of Contracts.

Procedure:

1. The term “Contract” shall have the meaning given to it in College policy 5.090. All Contracts must be in writing and must designate "the District Board of Trustees of Seminole State College of Florida" or "Seminole State College of Florida" as the party to the Contract. All Contracts must be approved by the Office of Legal Affairs and must be signed by either the President (or designee) or the District Board of Trustees. Designations of signature authority from the President must be set forth in College policy or procedure, or in a separate writing signed by the President.
2. Any department may initiate an agreement with another party that will result in a Contract, or may receive a proposal from another party that will require a Contract. When a Contract is proposed, the originating department shall conduct a review of the content and purpose of the Contract to evaluate whether the subject of the Contract is consistent with the mission, goals and long range strategic planning of Seminole State College. The review may result in a determination to proceed with the Contract, not to proceed, or to seek additional information about the proposal.  The initiating department shall be responsible for negotiating the terms of the Contract that are most advantageous to the College.
3. If the originating department wishes to proceed with a proposed Contract, the initiating party shall complete the Contract Review Form. 
4. The Department initiating the Contract shall ensure review and/or approval of the Contract by the Cost Center Chairperson, Director/Dean, as applicable, and the Administrator of that area. The submission of the Contract to the Office of Legal Affairs acts as an attestation by the submitting person that s/he has reviewed the proposal, believes that the business terms are advantageous to the College, concurs that it is appropriate to the mission of Seminole State College, recommends its implementation, and has obtained review and/or approval by the Cost Center Chairperson, Director/Dean, as applicable, and the Administrator of that area.
5. Upon the recommendation of the relevant Administrator to proceed, the Contract Review Form and proposed Contract will be forwarded to the Office of Legal Affairs. The General Counsel or Associate General Counsel shall review the Contract Review Form and proposed Contract to ensure legal sufficiency and form.  However, a Contract originated by or processed by or with the Purchasing Department for the procurement of goods or services meeting all of the following requirements does not require review and approval by the Office of Legal Affairs: (i) Exclusive use of Florida law and venue in Florida state courts; (ii) no requirements that the College indemnify any party to the Contract; (iii) the total amount of payments made by the College under the Contract is equal to or less than the Category Three threshold established in Section 287.017, Florida Statutes ($65,000 as of 2019); (iv) the Contract does not have a term longer than one year, nor does it require appropriation or payment of funds across more than one fiscal year; and (v) the Contract does not require the granting of any legal interest in any College property (e.g., a security interest, a license to use intellectual property, a lease of personal or real property, etc.).
6. Upon approval by the Office of Legal Affairs (if required), the Contract Review Form and attached documentation shall be forwarded to the initiating department for final preparation.
7. The originating Department will prepare the original Contract(s) to be forwarded to the Office of the President.  If the Contract requires the signature of the District Board of Trustees, the originating department will also prepare and submit a Board Agenda Transmittal Form to the Office of the President along with the original Contract(s).
8. The original Contracts will be sent to the Office of the President (or other authorized signatory) for signature as authorized by Seminole State College Policy; or the original Contracts will be submitted to the District Board of Trustees. The Office of the President forwards Agenda transmittals for inclusion in the Board meeting agenda. The Contract shall be presented to the District Board of Trustees for approval and signature.
9. Once complete, the department administering the Contract shall provide a copy of the fully executed Contract to the Office of Finance and Budget.
10. The originals of fully executed Contracts and all records relating to such Contracts shall be maintained by the department administrating the Contract.
11. The originating department shall monitor compliance with the terms and conditions of the Contract, including deadlines, payment dates, termination dates, and other important or required terms. The failure of the other party to fulfill its Contract obligations or cure any deficiencies after notice and a reasonable period of time shall be reported to the Office of Legal Affairs.
12. The President may authorize exceptions to this procedure in a signed writing.