Authority to enter into any contract on behalf of Saint Joseph’s College is reserved to the President and to the Chief Financial Officer (CFO). Further delegation of authority to other College employees may be made, as provided in this policy, or by written authorization of the President or CFO. (* Exception: employees may enter into contracts on behalf of the College with speakers, lecturers or performers, not to exceed $1,500. Authority given to certain individuals within this policy supercedes this limit if explicitly stated below. The employee must obtain a completed contract and Form W-9, prior to the date of the event/lecture. A sample contract can be found at Engagement Letter for Speakers and Performers (doc).
Authority to enter into any contract on behalf of Saint Joseph’s College is reserved to the President and to the Chief Financial Officer (CFO). Further delegation of authority to other College employees may be made, as provided in this policy, or by written authorization of the President or CFO.
College employees involved in the preparation, negotiation, and execution of contracts are responsible for understanding and compliance with the provisions of this policy. College employees or students who enter into agreements without the requisite authority may be personally liable for the obligations assumed under such agreements, and may be subject to disciplinary action, up to and including dismissal.
A contract creates legally binding obligations, exposing the College, its employees and other members of the College community to certain statutory and legal risks. This policy is intended to reduce these exposures by ensuring that any commitment of College resources and all related agreements obligating the College are properly reviewed and approved.
For purposes of this policy, a “contract” is defined as an agreement between the College and one or more external parties (counterparty) which commits College resources (monetary, human, facilities, or tangible or intellectual property) and may be construed to be legally binding. A contract contains a common understanding among the parties as to the essential terms of agreement and the consideration to be exchanged in return for specified performance. A contract may be considered binding even though one party provides something of value to the other party at no charge.
Some examples of contracts contemplated in this policy include, but are not limited to:
- agreements, including purchase orders, which bind the College to purchase lease, license, or rent goods or services from an outside party;
- agreements for the sale, lease, use, or donation of College assets or services;
- agreements that set terms for the acceptance of gifts;
- licenses or agreements to conduct business on College property;
- memoranda or letters of understanding or cooperation;
- contracts with hotels, convention centers, or other facilities;
- instructional agreements;
- employment contracts and letters of appointment creating an employer-employee relationship;
- student or faculty exchange agreements;
- assignment of the right of a person, group, or agency to use the College’s name, logo, or resources;
- exclusivity agreements with vendors;
- liability waivers;
- dispute settlements;
- nondisclosure agreements;
- construction and architectural design contracts;
- financing agreements
Delegations of Authority
Authority to execute contracts is granted to select administrators, by title, subject to certain thresholds defined in the table presented below. In each case, the administrator is limited to contracts within his/her scope of functional responsibility. Any employee who executes a contract implicitly attests that it has been properly reviewed for compliance with College policies, for insurance requirements, and that there is sufficient budget and/or human resource support to meet the College’s performance obligations.
Any employee who negotiates a contract subject to referral to another individual for execution is responsible for ensuring the contract meets all policy standards prior to its referral.
Authorized Deans or Directors may not execute any contract having a term exceeding one year, regardless of its total dollar value.
||Gift agreements having a naming requirement
|Chief Financial Officer (CFO)
|Chief Learning Officer (CLO)
||Faculty Appointment Letters
||Academic Memoranda of Understanding
||Within scope of functional responsibility, in consultation with President or CFO; including sponsored research agreements
||Others within scope of functional responsibility
|Chief Advancement Officer (CAO)
||Non-Standard Endowment Agreements or Life Income Agreements
||Others within scope of functional responsibility
|Dean of Campus Life
||Events sponsored by student groups
|Director of Athletics
||Standard agreements for single day or single event use of athletics facilities by external users
||Athletics Agreements for athletic conference activities, in consultation with Dean of Campus Life or CLO
|Director of Residential Life
||Standard student housing contracts
|Director of Events & Alfond Center
||Standard contracts with external parties for the use of College facilities, including the Alfond Center and excluding other athletic facilities
|Deans and Directors
||Within the scope of functional responsibility, purchase orders and contracts to procure goods or services
Any contract that exceeds an individual’s permitted contract limit in aggregate in any fiscal year, or in aggregate over one fiscal year requires the approval of the President or CFO. For the President and Chief Financial Officer: any contract that exceeds their permitted contract limit in aggregate in any fiscal year, or in aggregate over one fiscal year requires the approval of the Finance Committee and Board of Trustees.
Conflicts of Interest
A conflict of interest, whether real or perceived, poses risks to individuals and the College. Such risks include allegations of self-dealing, operational difficulties, financial losses, and reputational damage. A conflict of interest exists if the outcome of an agreement could create a benefit for a College employee, his/her relative, or personal friend. An employee whose participation in a contract transaction exposes him/her to a conflict of interest, s/he must disclose the nature of the conflict to his/her supervisor and may not direct or participate in the negotiation, execution or management of the subject contract.
The CFO has primary responsibility for enforcement of this policy.
This policy was last updated on March 1, 2018, and will reviewed annually by the Chief Financial Officer.
Engagement Letter for Speakers (doc)
 The terms “contract” and “agreement” are used interchangeably throughout this document.
 Dollar amounts refer to the total value of consideration required over the term of agreement.