Contract Signature Authority

1.0    Purpose

This policy establishes guidelines for obligating the college’s resources and managing risk.

2.0    Revision History

3.0    Persons Affected

3.1    The Board of Trustees

3.2    All employees

3.3    Vendors

4.0    Policy

The policy of Casper College is to ensure the following.

4.1    Only authorized employees may obligate the college to contractual agreements.

4.2    Contracts that obligate college are reviewed and approved.

4.3    The college has a process to delegate signature authority.

5.0    Definitions

5.1    Contract. A written document with specific terms between Casper College and one or more external entities that promises to do something in return for a benefit. Other names for contracts include but are not limited to leases, cooperative agreements, letter of intent, agreement, grants agreements, articulation agreements, memorandums of understanding, or memorandums of agreement. Written contracts are required for all binding agreements.

5.2    Risk Management. An effort and obligation to ensure that a contract does not harm or put into jeopardy the Board of Trustees or college’s employees, students, and resources.

5.3    Conflict of Interest. When an employee has the opportunity, or appears to have the opportunity, to influence college operations in a way that could result in a personal financial or other benefits to the employee and the employee’s immediate family.

5.4    Executive Council. This council consist of the president; vice presidents of academic affairs, student services and administrative services; information technology director; executive dean of continuing education; and public relations director.

5.5    Delegation of Signature Authority. Assigning signature authority to another employee. The employee assigning the authority must send a written delegation notice to the VPAS prior to the delegatee signing any documents. The delegation notice must include the name of the employee to whom authority is being delegated, the beginning and ending dates of the delegation, and the maximum amount for which the delegatee is authorized. The delegatee cannot delegate the authority received to another person.

5.6    Contract Signature Authority. The authority to bind the college to contractual agreements within limitations. Any contract signed by an employee without contract signature authorization is non-binding.

Unless otherwise delegated, only the president and the VPAS have contract signature authority. They may delegate or revoke contract signature authority at their discretion. The following table identifies pre-established contract signature authority delegation by contract type. Check with the VPAS for guidance on contract types not listed.

6.0    Responsibilities

6.1    The VPAS is responsible for maintaining compliance with this policy.

7.0    Procedures

7.1    Employees present contracts for review to the appropriate employee at least 5 days prior to needing the signature. Employees presenting the contract must disclose any conflict of interest or risk to the person with contract signature authority.

7.2    The employee with contract signature authority reviews the contract, seeks additional information when warranted, and signs the contract when appropriate. The vice president of administrative services (VPAS) must review contracts with any of the following conditions: liability, insurance, waiving or limiting of rights, liability limitations or waivers, hold harmless or indemnification obligations, non-compete clauses, or dispute resolution outside of Wyoming. The VPAS must also review contracts that obligate the college for $100,000 or more; commits the college for three or more years (unless there is an early out clause without penalty); allows for minors on campus or in programs; requires endorsements; or involves lobbying or political events.

All internal consultations required per this policy must be documented in case questions or concerns arise during the purchasing, audit, or operational phases of a project.

If the employee with contract signature authority has additional concerns about a contract, the employee can move the contract up the chain of command. The president may request the contract be sent to an attorney for review.

If there is a real or perceived conflict of interest, the employee with the conflict may not sign the contract, but rather submit the contract to an appropriate employee with contract signature authority.