V840 Contract Review

Purpose: Pursuant to SBHE policy 840 and NDUS procedure 840, VCSU must ensure agreements or contracts involving VCSU are reviewed by legal counsel.

Overview

Standard form contracts, including employment contracts, purchase orders and other standard forms; template contracts reviewed and approved by legal counsel in the past two years; and documents that are substantially equivalent to documents reviewed and approved by legal counsel within the past two years do not require further review.
Contract documents relating to purchase or use of software for less than $2,500, including freeware, do not require legal counsel review and approval, provided that when entering into such contracts or agreements users follow procedures established pursuant to NDUS 840 and V1201.01.
Pursuant to SBHE policy 803.1, procurement contracts must be reviewed for performance if term is more than three years and must be reviewed once every two years.
No payment may be made under a contract or contract amendment or extension prior to execution by an authorized institution officer.
A document containing a clause requiring the University to hold another party harmless or to indemnify another party must be reviewed and approved by legal counsel and may be executed only if there is an appropriation, liability insurance for that purpose, as otherwise specifically permitted by law, or if the clause is qualified or limited by language restricting its application to the extent permitted under North Dakota law. For software purchases under $2,500, including freeware, the University may enter into agreements containing such clause(s) following procedures established pursuant to NDUS 840 and V1201.01. Written contracts are required for all binding agreements with another party that involve any stated or implied consideration, including real property transfers, leases, purchase of equipment, supplies and services, cooperative agreements, inter-agency agreements, grants, loans, easements and licenses.

The president is the appointed authority responsible for all hiring or termination decisions involving Valley City State University employees. Hiring authority may be delegated to cabinet members at the discretion of the President. The president is the appointed authority for all annual employee contract renewals.

2. Contract Delegation

The university President has general authority to approve and sign contracts or contract renewals for Valley City State University and the authority is delegated as follows:

The vice presidents for academic affairs, business affairs, and student affairs are authorized to sign any contract except employment contracts.
The chief information officer is authorized to sign contracts under their area of responsibility up to $250,000 except employment contracts.
The athletic director, executive director for university relations, and the director for marketing and communications are authorized to sign contracts under their area of responsibility up to $50,000 except employment contracts.
The director for facilities services is authorized to sign contracts under their area of responsibility up to $10,000 except employment contracts.
The director for enrollment services is authorized to sign contracts under their area of responsibility up to $5,000 except employment contracts.
The director for library services is authorized to sign contracts under their area of responsibility up to $5,000 except employment contracts.
The director for the student center is authorized to sign contracts under their area of responsibility up to $2,500 except employment contracts.
Delegation of contract signing authority does not extend to amendments or change orders to contracts for which signing authority is not delegated; authority to sign contract amendments and change orders rests with the officer or employee authorized to sign the contract being amended or changed.

Sponsored by: Vice President for Business Affairs

Approved: October 2005

Revised: December 2017

Revised: September 2020

Revised: December 2020

Revised: February 2024