When is a Contract Required / What Type of Contract
A contract, agreement or license is generally required anytime the University intends to conduct business with a supplier that meets any of the following criteria:
- Services: A Contract for Services (CFS) & Scope of Services (SOS) is required for all services that will cost $10,000 or more on an annual basis.
- Performers: A Performer Terms of Engagement agreement is required anytime a guest lecturer, speaker or performer will be paid between $0 and $10,000.
- Performers: A Performer Contract for Services is required anytime a guest lecturer, speaker or performer will be paid $10,000 or more.
- Space Utilization: A Space Rental or Lease Agreement is required for all utilization of Non-University space at any dollar value.
- Events/Dinners: A Banquet Event Agreement is required for all event dinners and and associated utilization of space.
- Equipment Rental: A Rental or Lease Agreement is required anytime the University rents or leases equipment.
- Software Maintenance: A Software Licensing/Maintenance Agreement is required for all software services that will cost $10,000 or more on an annual basis.
- Refer to Section 6 of the Procurement Manual for contract requirements related to construction and renovation.
Refer to Section 5 of the Procurement Manual for further details relating to contract requirements.
How to Create a Contract
- Contract for Services: Refer to the Procurement Manual Section 5.3 Process to Obtain Services (steps - Regular Services)
- Performer Terms of Engagement: Refer to the Procurement Manual Section 5.3 Process to Obtain Services (steps - Performers)
- Performer Contract for Services: Refer to the Procurement Manual Section 5.3 Process to Obtain Services (steps - Performers)
- Space Rental or Lease Agreement: Refer to the Procurement Manual Section 8.5 Rental and Lease of Space
- Banquet and or Event Agreement: Refer to the Procurement Manual Section 8.4 Rental of Banquet Facilities 8.5 Rental and Lease of Space
- Equipment Rental or Lease Agreement: Refer to the Procurement Manual Section 4.6 Equipment Rental, Lease, Lease to own
- Software Licensing/Maintenance Agreement: Department should work with Ben Denton (email@example.com) in CITS to obtain a proposal that meets their requirements, they should also obtain the suppliers proposed contract and forward it to firstname.lastname@example.org for review and approval.
When is an Employment Status Form required
Anytime a contract or purchase order will be issued to or entered into with an individual instead of a company. Prior approval from the Department of Human Resources is required in order to verify that the type of work that will be performed by the individual meets Internal Revenue Service (IRS) requirements to be classified as an Independent Contractor and not an employee. The Department must complete the Employment Status Form located on the HR Forms webpage and submit the completed form and requested attachments to HR for review and approval. HR approval is required prior to a contract being completed with an individual.
Who Can Sign a Contract
Only University personnel who have been granted “signature authority” as provided within Trustee Policy may sign contracts or otherwise obligate the University.
Individuals Authorized to Sign Standard University Contracts:
- Michael P. LaGrassa, Assistant Vice Chancellor for Administrative Services
Any contract signed by a University employee who has not been expressly granted signature authority is not binding upon the University.
When is Insurance Required
Insurance requirements are specific to the risks associated with each contract and therefore the types and limits required for each contract may be adjusted as appropriate.
Standard Insurance Requirements for Contractors Providing Services are:
- Commercial General Liability Insurance including products and completed operations liability, and contractual liability coverage specifically covering the Contract, written on an occurrence form, with combined limits for bodily injury, personal injury, and property damage of at least two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) per aggregate.
- Workers’ Compensation Insurance in compliance with applicable federal and state laws, including Employers Liability Insurance with limits of at least one million dollars ($1,000,000) per occurrence.
- Automobile Liability Insurance covering owned, non-owned, and hired vehicles with combined limits for bodily injury and property damage of at least one million dollars ($1,000,000) per accident.
Contract for Services
- University Contract for Services
- Scope of Services
- Administrative Services - Purchasing - Amendment to Time Contract
- Administrative Services - Purchasing - Amendment to Amount Contract
- Administrative Services - Purchasing - Amendment to Time & Amount
- Performance Terms and Conditions
- Performance Terms of Engagement
- Performer Contracts over 10K
- SAIL Performance Terms of Engagment
Purchase Order Requirements for Contracts
An official University Purchase Order is required prior to any services being provided or goods delivered. The University is not responsible, financially or otherwise, for any goods or services delivered without proper authorization through issuance of a University Purchase Order.
Once a contract has been submitted to Procurement for review, approval and signature. The Department that submitted the request should enter a requisition into BuyWays for the current fiscal year contract amount or, if a blanket contract, for the estimated current fiscal year spend amount. The requisition should reference the pending contract. Once the contract has been approved and signed, Procurement will approve the requisition to a purchase order. A requisition will need to pass budget check and receive department approval as well as fund and or commodity approval if required prior to any contract being signed. This ensures that funds are available to pay the amount of the contract and that it has received all necessary approvals.
Verifying or Adding New Vendors/Suppliers to BuyWays
Prior to submitting a draft contract to Procurement the Department should check in BuyWays to ensure the supplier that the contract will be entered into with is setup as a vendor in BuyWays. If the vendor is not setup then the Department should follow the instructions for Adding New Suppliers/Vendors to BuyWays to set the vendor up to be able to receive a contract and purchase order.