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Policy # 62
Execution of Contracts

Administering Office: Legal Counsel
Formerly Executive Memorandum 96-120
Initially approved November 1, 1976
Revised April 1, 1987
Revised October, 1996
Revised June 17, 2002
Revised March 30, 2005

GENERAL POLICIES

The execution of all contracts on behalf of the University is the responsibility of the Chancellor. Contracts must be signed by the Chancellor unless authority is delegated elsewhere as set forth below.

Prior to presentation to the Office of the Chancellor, University Legal Counsel will review all contracts to certify that they are in compliance with state and federal laws, drafted in a legally acceptable manner, and otherwise legally adequate. The Vice Chancellor for Administration and Finance will review and certify that all contracts are in compliance with university, state, and federal fiscal policies and regulations and that the business and administrative support matters created or addressed by the contract are in agreement with federal, state, and university policies. The program and financial commitments created by a contract will be reviewed and approved by the vice chancellor or director responsible for the contract's subject matter. With regard to academic functions, the appropriate department head and dean should also review and approve the contract.

EXCEPTIONS

Exceptions to the general rules described above are as follows:

CONTRACT	LEGAL COUNSEL REVIEW		ADMINISTRATION AND FINANCE REVIEW	AUTHORITY TO SIGN FOR WCU
Academic Affiliation Agreements
Standard WCU Agreements	NO		NO	Dean
Non-WCU Agreements	YES		NO	Dean
Advertising Agreements negotiated by
Public Information	NO		NO	Director of Public Information
Analysis and Testing Agreement
Standard WCU Agreement/Engineering	NO	NO		Dean, Research and Graduate Studies
Athletics
Standard Southern Conference Scheduling Contracts	NO		NO	Athletic Director or written designee
Non-Southern Conference Scheduling Contracts
w/ financial remuneration of zero to $10,000	NO		NO	Athletic Director or written designee
w/ financial remuneration greater than $10,000	YES		YES	Athletic Director or written designee
Administration and Finance
Contracts with external auditors	YES		YES	Vice Chancellor for Administration and Finance
Capital improvement design agreement (standard state form)	NO		YES	Vice Chancellor for Administration and Finance
Capital improvement construction contracts (standard state form)	NO		YES	Vice Chancellor for Administration and Finance
Engineering services contract	YES		YES	Vice Chancellor for Administration and Finance
Testing services contract	YES		YES	Vice Chancellor for Administration and Finance
Change orders applicable to capital improvement construction contracts	NO		YES	Vice Chancellor for Administration and Finance
Equipment rental contracts	YES		YES	Vice Chancellor for Administration and Finance
Entertainment-Related Contracts (Performers, Bands, Speakers, etc.)
LMP, LCE, University Center, Ramsey Center exceeding $10,000	YES		YES	Vice Chancellor for Student Affairs or written designee
LMP, LCE, University Center, Ramsey Center less than $10,000	NO		NO
Standard Ramsey Center ticket outlet agreements	NO		NO	Vice Chancellor for Administration and Finance
Mountain Heritage Day (Standard WCU Independent Contractor Agreement)	NO		YES	Director of Mountain Heritage Day or Director of Mountain Heritage Center
Facilities Use Agreements
Standard Ramsey Center Agreements	NO		NO	Vice Chancellor for Student Affairs
Standard WCU Agreements for Other Campus Facilities	NO		NO	Dean of Distance and Continuing Education
Housing
Standard contracts for student housing	NO		NO	Director of Residential Living
Standard Robertson apartment leases	NO		NO	Director of Residential Living
Standard faculty/staff housing leases	NO		NO	Director of Residential Living
Licensing Agreements for WCU Marks
Standard WCU Agreements	NO		NO	Vice Chancellor for Advancement and External Affairs
Non-WCU Agreements	YES		YES	Vice Chancellor for Advancement and External Affairs
Purchasing
Equipment maintenance/service contracts	NO		NO	Director of Purchasing
Lease-purchase contracts	YES		YES	Director of Purchasing
Installment payment contracts	YES		YES	Director of Purchasing
Vending company contracts	YES		YES	Director of Purchasing
General Purchases	NO		NO	Director of Purchasing
Computer Related Matters
Purchase of equipment connected directly or indirectly to the campus network	NO		YES (Purchasing)	Chief Information Officer (CIO)
Software Licenses	NO		NO	CIO
Hardware or software consulting agreements	YES		YES (Purchasing)	CIO
Stand-Alone Non-Disclosure Agreements
Standard WCU Confidentiality Agreement	NO		NO	Director of Technology Transfer
Non-WCU Agreement for Research/Tech Transfer Activity	YES		NO	Director of Technology Transfer
Web Course Development
Standard WCU Letter Agreement and General Terms	NO		NO	Dean of Distance and Continuing Education
Contracts Processed by Research and Graduate Studies	YES		YES	Dean of Research and Graduate Studies
Standard Faculty Employment Contracts	NO		NO	Chancellor
Standard WCU Independent Contractor Agreement	NO		YES	Responsible Vice Chancellor
Standard New Century Scholar Contracts	NO		NO	Director of Admissions

In order to become a "Standard" agreement, a form must be reviewed and approved by university Legal Counsel. Only agreements that have been reviewed and approved as standard agreements may be processed as an exception to the general rule. If any standard agreement in any category is modified during negotiations, the modified agreement must be signed by the Chancellor after review by Legal Counsel and the Vice Chancellor for Administration and Finance in accordance with the general policies.

The Standard WCU Independent Contractor agreement will be produced by the Office of Administration and Finance.

People authorized to sign contracts are responsible for the following:

1. Ensuring that the commitments created by the agreement will not violate other university policies and procedures including those of the Purchasing Department.

2. Ensuring that the Agreement does not contain any prohibited contract clauses. A list of prohibited clauses may be obtained from the Legal Counsel Office. Agreements approved by Legal Counsel, including all approved standard agreements, will have no prohibited contract clauses.

3. Ensuring that any agreement containing obligations for the Office of Administration and Finance, such as food service, police supervision or Facilities Management services, is approved by the Office of Administration and Finance.

4. Ensuring that any agreement resulting in a modification to the campus computer network is reviewed by the CIO.

5. Ensuring that sufficient funding is available to support the activity.
Any employee who executes a contract without authority under this policy may be personally responsible for performance of the contract's terms including any payments due thereunder.

Effective immediately, all delegations of authority to execute contracts granted prior to this executive memorandum are hereby revoked.

The original contract containing the original signatures of the parties is to be filed in the Office of the University Legal Counsel. Offices should keep a copy of the original contract for their files.