Current through all regulations passed and filed through September 16, 2024
(A)
Policy statement.
Youngstown state university (university) will adhere to all applicable federal
and state laws and regulations when it engages with contractors, consultants,
suppliers, vendors, and other entities.
(B)
Purpose. This
policy defines the general parameters through which a university contract is
created, stipulates the necessary administrative review and monitoring
processes, and designates who within the university is authorized to sign
contracts on behalf of the university, its employees, or
agents.
(C)
Scope. This policy applies to all financial and
nonfinancial university contracts except for employment contracts administered
by the office of human resources.
Partnerships, centers, and related
agreements relating to teaching/learning, research/scholarship, and community
service goals are addressed pursuant to rule
3356-10-22
of the Administrative Code (see university policy 3356-10-22, "Partnerships,
centers and related arrangements"). Grants, contracts, and cooperative
agreements for sponsored programs are addressed in rule
3356-10-13
of the Administrative Code (see university policy 3356-10-13, "Research,
grants, and sponsored programs").
(D)
Definitions.
(1)
"Contract" - a legally binding and enforceable
agreement between the university and one or more competent
parties.
(2)
"Standard contract" - a contract using the university's
standard terms and conditions and effectuated by the university's standard
professional services agreement template or standard independent contractor
agreement template both of which are available on the procurement services
website.
(3)
"Non-standard contract" - a contract that does not
conform to the university's standard template for a professional services
agreement or standard independent contractor agreement.
(4)
"Contract
compliance" - the process of reviewing and overseeing contracts in accordance
with requisite legal and policy requirements.
(5)
"Contract
administration" - the process used to ensure that the terms and conditions of
contracts are being implemented pursuant to the contract.
(4)
"University
sponsor" - the university employee who is administering and managing the
contract. Typically, the university sponsor is the financial manager of the
budget to which the contract is charged.
(E)
Procedures.
(1)
For purposes of
institutional efficiency, use of the university's standard contract templates
are the preferred.
(2)
Contract compliance is the responsibility of the office
of finance and business operations. The university sponsor of a contract is
responsible for monitoring the ongoing progress of a contract and providing
requisite information to procurement services. Procurement services is
responsible for providing assistance for purchases and payments pursuant to a
contract.
(3)
All contracts for the purchase of goods and services
must comply with rule
3356-3-01 of the
Administrative Code (see university policy 3356-3-01,
"Purchasing").
(4)
All contracts should be accompanied by documentation
that university funds have been identified and earmarked to cover contracts
costs.
(5)
All contracts must be stored and retained in accordance
with the university's document retention policies unless specifically excluded
by this or another policy adopted by the board of trustees.
(6)
Refer to the
contract compliance and administration guide on the procurement services
website for additional information regarding contracts.
(F)
Signature authority for non-standard
contracts.
(1)
Only the president and the vice president for finance
and business operations, or their designee, have the authority to sign a
nonstandard contract on behalf of the university.
(2)
The provost has
authority to sign and approve academic affiliation and articulation agreements
that have no direct financial consequences to the university.
(3)
No other
individual has authority to enter into a non-standard contract for the purchase
of goods or services or otherwise obligate Youngstown state university to pay
any sum or money without one of the following:
(a)
A resolution of
authorization from the board of trustees;
(b)
A written
declaration of signature authority from the president or the vice president for
finance and business operations filed with the contract;
(c)
A purchase order
issued by or under the direction of the director of procurement services.
(G)
Signature authority for standard contracts
(professional services agreement and standard independent contractor
agreement:
Financial managers are
authorized to sign limited-dollar standard contracts pursuant to the
university's procurement guidelines.
(H)
Legal review. The
following types of non-standard contracts are subject to legal review:
(1)
All contracts for
the acquisition of goods and services;
(2)
Construction
contracts, including repair or alteration of facilities, and for architectural
and/or engineering services;
(3)
Real estate
transactions, including the sale, rental or lease of real property must comply
with rule
3356-4-05
of the Administrative Code (see university policy 3356-4-05, "Acquisition of
real estate");
(4)
Contracts/agreements associated with the intellectual
property of the university, including licensing agreements, patents,
trademarks, and copyrights;
(5)
Employment
contracts, if deemed necessary by the chief human resources
officer;
(6)
Contracts intended for the president's signature or
that affect the president or the office of the president;
(7)
Contracts that
can potentially expose the university to significant liability.
(I)
Document retention. Copies of all fully executed (signed by
both parties) contracts must be submitted to procurement services to be
recorded and monitored through a central database.
(J)
Personal
liability. An individual who enters into a contract for the purchase of goods
or services or otherwise obligates the university to pay any sum or money or
resources without appropriate authority and/or review may be held personally
liable for the terms of the contract.
Replaces: 3356-3-04
