Definitions

Signature Authority

Making Arrangements

Appropriate Paperwork

Exceptions

Section 1.  Definitions:

A.     Contract – as defined in the Chancellor’s Memorandum 02-04:

1.      “A contract is an agreement between two or more persons (or entities) that creates an obligation to do or not to do a particular thing.  Its essential components are competent parties (persons or entities legally capable of contracting), subject matter (the purpose of the contract), a legal consideration (the inducement to contract, usually money or something of value, but also including mere promises to perform something or refrain from doing something), mutuality of agreement (all parties must voluntarily enter the contract) and mutuality of obligation (all parties are obligated to do something or not to do something they otherwise have a right to do).

2.      Labels do not control whether a contract exists or not.  The following, which are not meant to be all-inclusive, are all contracts if they constitute an agreement between two or more persons that creates an obligation to do or not to do a particular thing (this policy does not include letter of appointment contracts):

a.       a contract

b.      an agreement

c.       a lease

d.      a rental agreement

e.       a letter or memorandum of intent

f.        a letter or memorandum of agreement

g.       a letter or memorandum of understanding

h.       an employee separation agreement

i.         a facility use agreement

j.        an education affiliation agreement

k.      a purchase order

l.         a grant

m.     a grant agreement”

Section 2.  Signature Authority:

A.     The President has full signature authority on all contracts as designated and outlined by the Chancellor’s Memorandum 02-04 (insert hot-link to Memo 02-04).  The President has also designated the Vice President of Academic and Student Affairs, the Vice President of Finance and Administrative Services and the Vice President of Institutional Advancement signature authority for their appropriate areas, with the following conditions:

1.      Any contract under $100,000.00

2.      Any contract less than or equal to one year in duration

3.      Any contract not affecting WNCC as a whole

B.  A letter stating this delegation is on hand in the President’s Office.  Anything above these conditions but below the conditions stated in the Chancellor’s Memorandum 02-04 must be signed by the President or his/her designee in times of absence.

Section 3.  Making Arrangements

A.  The Facilities Management & Planning Department is responsible for coordinating and processing the Facility Use Agreements for the College.  All other contracts can be made with each individual department, with the written approval of the appropriate Vice President. 

B.     A signed contract must be on file in the Vice President of Finance and Administrative Services office prior to the effective date of the contract.  In the event that the contract is not completed/processed prior to the effective date, the following steps will be taken:

1.      First occurrence - letter of explanation from employee with whom the contract was generated (explaining why the contract was not processed within policy guidelines) sent to the office of the Vice President of Finance and Administrative Services.  The Business office will send instructions and forms to the employee creating the exception in order to assist in preventing future exceptions.

2.      Second occurrence – letter of explanation from employee with whom the contract was generated (explaining why the contract was not processed within policy guidelines) with approval from that employee’s Vice President sent to the office of the Vice President of Finance and Administrative Services.

3.      Third occurrence - letter of explanation from employee with whom the contract was generated (explaining why the contract was not processed within policy guidelines), carbon copied to the President of the College, will be sent to the office of the Vice President of Finance and Administrative Services.  It should be noted the third occurrence could result in the revocation of contract privileges.

Section 4.  Appropriate Paperwork

A.  Signature Request & Certificate of Signature Authority coversheets should accompany three original contracts. 

B.     These forms may be obtained by using the following links:

1.      President (hot-link)

2.      Vice President of Academic & Student Affairs (hot-link)

3.      Vice President of Finance & Administrative Services (hot-link)

4.      Vice President of Institutional Advancement (hot-link)

Section 5.  Exceptions

A.  Any exceptions to this policy require the written approval of the college president or his/her designee(s).

NSHE Code:  Title 4, Chapter 10, Sections 1 and 9

Chancellor’s Memorandum 02/04