Contract Procedures and Authorized Signatures
Memorandum #213 Contract Procedures and Authorized Signatures
Revised: August 22, 2017
Original Policy - Contract Liabilities – Date of Issue: July 1, 2000
Scope of this Policy:
The Community College of Philadelphia (the “College”) enters into a wide variety of contracts including but not limited to contracts for the purchase of goods and services, construction contracts, software license agreements, rental agreements, lease agreements, clinical and other student placement agreements, transfer and articulation agreements, event contracts, contracts to provide educational training, programs, and services to third parties, grant agreements, scholarships agreements, and numerous other forms of agreements.
For purposes of this policy, a Contract is any document that contains an agreement between the College and an outside party which imposes any kind of obligation on the College, entitles the College to a benefit, or otherwise affects the College’s rights, whether or not there is an exchange of funds between the College and the outside party. A contract which meets this definition is subject to this policy regardless of how it is titled (e.g., a contract may also be called an agreement, memorandum of understanding, memorandum of agreement, letter of intent, letter of agreement, license, lease, etc.) This policy also applies to any amendment, addendum, modification, correction, renewal, or extension of a contract.
All contracts should be initiated well in advance of the start date for the applicable contract to allow time to follow the College’s contract procedures and negotiate the best terms and conditions for the College. Because contracts can create various forms of liability for the College and may create other obligations for the College or impose limitations on the College, it is essential to insure that all contracts follow and comply with the following procedures to the extent applicable:
- Contracts related to the purchase of goods and services and construction contracts must comply with the College’s Open Market Purchasing Policy Memorandum #201, the College’s other Financial Policies, and must be coordinated with the College’s Purchasing Department;
- All contracts must comply with the College’s Conflicts of Interest Policy, Memorandum #212;
- Contracts for software licenses and other information technology services must be reviewed by the Chief Information Officer or his/her designee;
- Contracts which involve the purchase of goods or services over $5000 must be reviewed by the Vice President of the Division of Business and Finance or his or her designee;
- All contracts must be reviewed by the Vice President of the Division in which they originate. All contracts should be coordinated with the Vice President(s) of other Divisions that may be implicated by the terms of the contract;
- All contracts must be reviewed by the Office of General Counsel;
- Contracts covered by “Purchase and Contracts Requiring Specific Board Authorization Policy Memorandum #202” must be authorized by the Board of Trustees; and
- All contracts must be approved by the President of the College or the Vice President designated in his/her absence.
Contract Review Form and Authorized Signatures:
Contracts must be made in accordance with the established policies and procedures of the College and may only be executed by the President of the College or the Vice President designated in his/her absence. A completed Contract Review Form must be attached to any contract which is submitted to the President or his/her designee for signature.
The Division which originated the contract is responsible for retaining the fully executed version of the Contract. An electronic version of all contracts for the purchase of goods and services and/or construction contracts must be shared with the Purchasing Department.