Contract management

Purpose

The purpose of this policy is to outline the authority and responsibilities of University administrative personnel regarding executing and reviewing contracts on behalf of Lynn University.

Policy

Only the President, as chief executive officer, and the Vice President for Business and Finance, as the chief financial officer, and their authorized designees have the authority and responsibility for the execution and delivery of contracts or agreements that bind Lynn University. This includes contracts and agreements for goods and services to be provided by the University, as well as for goods and services to be provided to the University. Unauthorized University employees shall not sign any contract, agreement, license, purchase order, memorandum of understanding, lease, or any other potentially binding document on behalf of the University. Failure to comply with this limitation may result in personal liability as well as appropriate disciplinary action.

The University’s General Counsel must approve all contracts and agreements binding the University. This includes academic program-related contracts, business contracts, and all contracts to retain workers as independent contractors.

Definitions

Contract—an agreement between two parties containing all the terms and conditions of that arrangement including an offer, acceptance, consideration, and a legal means. A document need not be labeled "contract" to be covered by this policy. A document labeled "agreement," "memorandum of understanding" (or MOU), "lease," "license," "letter of intent," and even a letter, or any other similar written item indicating or implying a legally enforceable document, is a Contract under this policy if it describes an obligation of the University, either to do or not do something or to pay money. Any question whether a document is a Contract should be referred to the University’s General Counsel.

Procedures/Guidelines

The generating department must send all contracts to University General Counsel for review of legal sufficiency before signing by the President or Vice President for Business and Finance. In addition, all software license agreements must also be sent to the Chief Information Officer along with a copy of the corresponding purchase order.

The University’s General Counsel maintains the signed original University document record, according to the University Retention Schedules, of all contracts that are not processed through Purchasing.

To learn more about this policy or the supporting procedures, please contact General Counsel.

Policy updated on: Oct. 24, 2018