General Contract Review
Steps in Contract Review Process
Area Department Deans, Directors, and/or Vice Presidents should review and approve contracts (this includes, but is not limited, to Memorandums of Understanding (MOU), Statement of Work (SOW), grants, contracts, and agreements).
Contract Checklist
- The Contract Checklist must be reviewed, completed, and signed.
- Budget Approval must be indicated on the Contract Checklist.
- If contract has budget obligation, the Contract Checklist must be filed with the Finance Office.
- Link to checklist: SPU Contract Checklist 4.19.23.pdf
- Fully reviewed and signed checklist and contract should be sent to the Office of Business and Finance (obf@spu.edu). If there are budget implications, it should also be sent to Finance with request for payment.
Campus Events Checklist
Prior to an event, a Campus Events Checklist must be completed. https://spu.edu/administration/office-of-student-life/community-life/student-involvement-leadership/resources
Signing the Contract
- The SPU Board of Trustees has passed resolutions authorizing certain SPU administrators to sign various types of contracts on behalf of SPU. While there are special rules for real property, banking, and investment matters, for most business contracts the President, Provost, and Vice President for Business and Finance are directly authorized to sign contracts on behalf of SPU, and each of these people can also authorize other SPU employees to sign contracts on behalf of SPU.
- The President, Provost, and Vice President for Business and Finance have issued standing delegation of business contract signature authority to certain SPU employees provided that specific conditions are met. In addition, all Vice Presidents, Vice Provosts, Associate Vice Presidents, Associate Vice Provosts, Assistant Vice Presidents, Assistant Vice Provosts, Deans, and Directors have been authorized to sign business contracts on behalf of SPU provided that the following criteria are met:
- The business contract must relate to operations or activities within the signing employee’s area; and
- The total cost of the contract is less than or equal to the amount that the signing employee is authorized to approve pursuant to the Signature Authority Thresholds Policy of the Business Office (see: https://wiki.spu.edu/display/FO/Signature+Authority+Thresholds. For purposes of such policy, any Associate or Assistant Vice President or Vice Provost will be treated as having the same authorization as a Dean or Director.
- If you would like to request that someone else sign a contract for SPU that does not have standing delegation, please ask your area vice president or vice provost (Area VP) to contact the President, Provost, or Vice President for Business and Finance.
- Students are not permitted to sign contracts on behalf of SPU by themselves. In some cases a student may sign a contract along with an authorized SPU employee to show that the student has reviewed the contract, but the student's signature cannot bind SPU by itself.
- How to Sign: Contracts may be signed by hand, by mouse, using Adobe Sign, or using DocuSign. Contracts should not be signed simply by typing a name onto a contract. Each person may only sign their own name, except that an Area VP may authorize their assistant to add the Area VP’s electronic signature. Exceptions to these rules may only be approved by the Vice President for Business and Finance.
The contract sponsor will send a final, fully signed copy of the contract to obf@spu.edu, and submit a signed contract to the Finance Office for payment (if applicable).
- OBF maintains an electronic database of business and academic contracts that involve SPU. After a contract has been fully signed by both parties, a scanned copy of the fully-signed contract should be emailed to OBM at obf@spu.edu.
- After a contract has been fully signed, it is the contract sponsor's responsibility to submit the contract to the Finance Office with request for payment, if applicable. Please contact the Finance Office for any other documentation that may be required for payment (e.g., a properly completed IRS Form W-9).
Waiver or Release
Some events might require a waiver. In a waiver, one party relinquishes the right to bring a legal action for injuries or other losses that he/she may incur as part of the contract performance. Contact Audrey Kamemoto at kamemoto@spu.edu for more information.
Certificate of Insurance
If applicable, OBF will provide a certificate of insurance to the counterparty and/or the counterparty will provide a certificate of insurance to SPU.
- Some contracts require that SPU provide a certificate of insurance to the counterparty. ORM can assist in fulfilling that requirement.
- Certificates of insurance from counterparties should be forwarded to OBF for review prior to the time that the contract is performed.
- If certificate of insurance is required, contact Audrey Kamemoto at kamemoto@spu.edu.
More Resources
Department supervisors and managers can request the contract review training matericals at obf@spu.edu.
Full Contract Review policy: /wiki/spaces/POL/pages/36569939 (restricted access).