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. Except as set forth herein, all Contracts must be approved by the Office of Legal and Governmental 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. 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 and Governmental 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.
   
   
4. Upon the recommendation of the relevant Administrator to proceed, the Contract will be submitted via the applicable Contract routing platform to the Office of Legal and Governmental Affairs. The General Counsel or Staff Attorney shall review the proposed Contract to ensure legal sufficiency and form. However, when a Contract's total value does not exceed Threshold Three in Section 287.017, Florida Statutes (currently $65,000 as of 2024), the Purchasing Department shall have the authority to determine whether a Contract for the procurement of goods or services requires review and approval by the Office of Legal and Governmental Affairs. In making this determination, the Purchasing Department may take into consideration factors including, but not limited to:
   1. Whether the Contract is governed exclusively by Florida law and provides for venue solely in Florida state courts;
   2. Whether the Contract includes any indemnification obligations by the College;
   3. Whether the Contract term exceeds one year or requires funding across multiple fiscal years; and
   4. Whether the Contract involves the granting of any legal interest in College property (e.g., security interests, licenses to use intellectual property, leases of real or personal property, etc.).
      
      
5. Upon approval by the Office of Legal and Governmental Affairs (if required), the approved Contract shall be forwarded to the initiating department for final preparation.
   
   
6. The initiating Department will prepare the original Contract(s) to be forwarded to the Office of the President or the applicable designee. If the Contract requires the signature of the District Board of Trustees, the initiating department will also prepare and submit a Board Agenda Transmittal Form to the Office of the President along with the original Contract(s).
   
   
7. 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 and the applicable delegation matrix; 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.
   
   
8. The originals of fully executed Contracts and all records relating to such Contracts shall be maintained by the initiating department.
   
   
9. The initiating 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 and Governmental Affairs.

Rulemaking Authority and Law(s) Implemented: Florida Statutes §§1001.64, 1001.65, 287.017 and Policies 1.020, 5.090 

History- Adopted 8/1999, Revised 4/2019, 7/2025