CONTRACT MANAGEMENT POLICIES AND PROCEDURE MANUAL€¦ · CONTRACT MANAGEMENT POLICIES AND...

40
CONTRACT MANAGEMENT POLICIES AND PROCEDURE MANUAL Lisa Hayes – University Counsel Janet Thompson – Purchasing & Contracts 1 July, 2004

Transcript of CONTRACT MANAGEMENT POLICIES AND PROCEDURE MANUAL€¦ · CONTRACT MANAGEMENT POLICIES AND...

CONTRACT MANAGEMENT

POLICIES AND PROCEDURE MANUAL

Lisa Hayes – University Counsel Janet Thompson – Purchasing & Contracts

1

July, 2004

CONTRACT MANAGEMENT POLICIES AND PROCEDURES MANUAL

Introduction………………………………………………………………4 Contract Administration Policies………………………………………..5

Contract Management (Questions and Answers)……………………10 Contract Management Procedures……………………………………..14

Liberty System (Description and Access)…………………………. 15 Responsibilities of the Originating Unit…………………………….16

Step 1. Review the Contract for Content……………………16

Step 2. Complete the Contract Review Form……….……….18

Step 3. Complete Payment/Purchase Order Forms………….20 Step 4. Forward the Complete Contract Package……………22

Checklist 1. Contract Considerations………………………....23

Checklist 2. Required Fields for Contract Review Form……..24 Checklist 3. Required Fields for Purchase Requisition………..25 Checklist 4. Completed Contract Package……………… ……26 Responsibilities of the Purchasing and Contracts Department………27 Responsibilities of University Counsel………………………………30 Responsibilities of Finance and Administration……………………...31 Monitoring the Contract………………………………………………… 32

User Responsibilities……………………………………………… 33

2

CONTRACT MANAGEMENT POLICIES AND PROCEDURES MANUAL

Training…………………………………………………………34 Training Format………………………………………… 35 Appendix I……………………………………………… 36

3

Contract Types……………………………………………………….. 37

Introduction

This Policy and Procedure Manual has been prepared to provide Academic and Administrative Schools and Offices (referred to as Originating Units in this document) with a reference guide for contracting goods and services on behalf of the University in a uniform manner. The Contracts Management Policies and Procedures Manual is written in adherence to the University Strategic Plan, “to strengthen Pace’s main financial indicators” and the supporting Finance and Administration Mission to “protect, safeguard, and enhance all assets (physical and human) of the institution….). It is essential that uniform contract management policies be established so that standards of efficient business practice are maintained within the University and in cooperation with businesses, trade associations, governmental, and private agencies.

4

These policies and procedures are the guidelines supported by the Offices of Finance and Administration and University Counsel.

CONTRACT

MANAGEMENT

POLICIES

5

CONTRACT MANAGEMENT POLICIES

1. Authorized Signatories

It is the policy of the University that contracts may only be signed by persons authorized by the President and the EVP for Finance and Administration. Authorized signatories include: The Executive Vice President, Treasurer The Associate Vice President, Assistant Treasurer

2. Insurance

It is the policy of the University that, when applicable, evidence of insurance required by Pace pursuant to an agreement must be submitted prior to final approval and signature. Most contracts contain an insurance provision, which requires that the vendor supply Pace University with proof of insurance coverage relating to the services provided under the agreement. Proof of insurance is generally in the form of a certificate of insurance with Pace University named as “Additional Insured”. A contract will not be accepted for review unless the certificate of insurance is submitted as part of the contract package (See Checklist 4). Any modifications to University standard insurance requirements must be approved by the Executive Director of General Services, in advance of submitting contract documents. Written confirmation of approval must be submitted as part of the Contract package (See Checklist 4).

3. Honoraria

Originating Unit (OU) Representatives may use the University Counsel Standard Speaker Honorarium Agreement without further University Counsel approval when an individual is invited to speak at a Pace University sponsored event and the individual meets the following criteria:

6

Requirements for Use of the Speaker Honorarium Agreement A. Individual is limited to a speaking engagement on campus or at a University sponsored

event. B. Speaker is a low-level risk to the University community. C. Speaker is not represented by an agency. D. Speaker will not engage subcontractors. E. Honorarium must not exceed two thousand dollars ($2000). F. Speaker is not a consultant, that is, not providing consulting services or advice to the

University audience. G. Speaker is not under the protection of bodyguards. H. Speaker carries no dangerous weapons.

Notwithstanding that no further approval may be required from University Counsel regarding the form agreement, all of the foregoing issues must be discussed with and approved by the authorized signatory.

4. Outside Events and Catering Agreements A. Restaurants, Hotel Room Reservations

Agreements for restaurants and hotel room reservations can be paid with a purchase order or other means approved by Finance and Administration and need not be reviewed by University Counsel.

B. Catering Agreements

Routine catering requests for food delivered on campus can be paid with a purchase order or other means approved by Finance and Administration and need not be reviewed by University Counsel. Routine catering requests include, pizza deliveries and lunch/refreshments for meetings and/or seminars.

On campus catered events, however, where a caterer delivers and serves food at the event and catering agreements with catering halls should be reviewed by University Counsel. The above excludes University on-campus food contractor.

Reminder: It is the responsibility of departments to exercise common sense due diligence in selecting restaurants, catering halls and other event space to conduct outside special events. Part of that due diligence, for example, may involve general inspection of the premises to make

7

sure that there are no obvious health or safety issues and obtaining confirmation of non- discrimination policies of the establishment.

5. Standard Agreements and Riders

There are a number of Pace standard agreements that have been developed by the Office of University Counsel. Originating unit representatives should use standard agreements whenever possible. Standard agreements that are signed by the vendor without modification do not require University Counsel review and will be forwarded directly to Finance and Administration for signature(s).

6. Independent Contractors

Whether a worker should be classified as an employee or an independent contractor is determined in consultation with the Office of University Counsel.

Step 1: The manager of the Pace office wishing to retain the services of an independent contractor must complete an Independent Contractor Questionnaire. Step 2: Complete the relevant sections of the Independent Contractor Agreement. If the worker has his or her own agreement, forward that agreement to University Counsel for review as provided in Step 3. Step 3: Submit the questionnaire and proposed contract to the Office of University Counsel for review. University Counsel will inform the department and Finance and Administration by email of its determination and whether independent contractor must provide insurance. Step 4: If it is determined that the worker is an independent contractor – forward the contract to the worker for signature. Request a copy of the worker’s certificate of insurance, if required under the contract. Step 5: Submit the signed questionnaire, contract and certificate of insurance to Contract Management in accordance with standard procedures

7. Approvals

There are a number of contracts that require additional approvals from other authorizing departments prior to submission to Purchasing & Contracts. Please check the “Contract Type List” on the Contracts Administration web page to determine whether a contract requires prior approval by an authorizing department.

8

In addition to specific contract types, if a contract involves or contains a provision relating to the following issues, prior approval by the authorizing department is required:

Program or Service Authorizing Department (Executive/Academic Officer)

Alumni Programs Office of Philanthropy Software/Hardware Agreements Division of Information Technology Marketing and Advertising of University University Relations Public Relations Consequences University Relations Use of Pace Trademark or Name University Relations Access to Web Page University Relations Gifts, Bequests, Scholarships Planned Giving

Office of Philanthropy

Student Travel and Study Abroad International Programs Director and Dean Scholarships, Tuition Remuneration Academic Affairs

8. Master Agreements Pace University has entered into a number of master agreements with vendors. In those instances, departments need not negotiate and submit individual vendor contracts. The Originating Unit Representative need only submit a service/payment request providing the details of the services to be provided by the vendor. Originating Unit Representatives may consult the Contracts Management web page

under Finance & Administration for an updated list see: Vendors under Master Agreement on the Contracts Administration web page.

9

CONTRACTS MANAGEMENT FREQUENTLY ASKED QUESTIONS

1. How do I get my contract reviewed and approved?

Step A: Review the contract. Make sure it contains all of the provisions agreed to between the parties (see 2.1 Elements of a Contract).

If it is the vendor’s agreement, check the Standard Riders to see if there is an

appropriate Pace rider to be attached.

Step B: Obtain insurance certificate from vendor (if applicable). Step C: Obtain vendor’s signature on contract and rider (when rider is applicable).

Step D: If payment is required enter a purchase service request on the online purchasing system. Or, if the contract is with an independent contractor, complete an “Independent Contractor Payment Request Form”.

Step E: Complete the Contract Review Form (See Checklist 2 ). Step F: Submit the Contract Package to the Contracts Administrator in

Purchasing & Contracts, i.e. Contract Review Form, Contract, Insurance certificate and any required Attachments (see Checklist 3 on page ).

2. What is a contract?

A contract is a written agreement created to inform all parties of their legal obligation to one another and to express in writing their mutual understanding.

When the provisions for obtaining goods and services exceed the terms of the University’s purchase order terms or, when there is no financial obligation on behalf of Pace there must be:

A written agreement or promise between the University and a third party to commit the University’s financial or human resources, or otherwise obligate the University to perform an act or service. At such time, a written document should be developed that reflects such a promise.

10

2.1 Elements of a Contract:

Legal Name and Address of the Vendor Financial Terms Responsibility of Parties/Scope of Service

The Contract May also Include Standard Terms and Conditions:

Term and Termination Clause Insurance Indemnification Assignment Clause Warranty and Representation Confidentiality Use of Pace’s Name and Trademark Compliance with Antidiscrimination Laws Notice

See Definition of Elements on page .

2.2 What are the different types of contracts?

There are a number of distinct types of contracts that are entered into on behalf of the University. Appendix I is a list of typical contract types engaged by the University. This list will be augmented as the types of contracts change. Departments must fit their contracts to one of the types listed. In the event that a contract does not seem to fit a category, the Originating Unit Representative should contact University Counsel and request a new category.

3. Independent Contractors The Independent Contractor Agreement is a contract between Pace University and a worker that provides unique or special services for the University and where the Office of University Counsel has recommended the worker to be an independent contractor. 4. What is the penalty for not complying with these Policies and Procedures? A contract is invalid and unauthorized if it is not approved by University Counsel and/or signed by an Authorized Signatory.

11

5. What is the Contract Management System?

Pace University has implemented a new imaging solution for tracking and monitoring contracts through the various points of review and approval. Originating units will be able to monitor the status of contract approval at every stage of the process. All contracts will be submitted to the Contracts Administrator in the Purchasing & Contracts Department and input on the imaging system. The Contract Management System will:

Provide an electronic database of University contracts. Allow contracts to be received in one primary area. Provide University Counsel immediate access to review and approve

contracts electronically. Provide originating units with electronic access to view contracts and review/approval status information.

6. Why does the University need a Contract Monitoring System?

Pace University is concerned with controlling its resources and ensuring that commitments of University resources are made in a cost-effective and efficient manner. To that end, the process for engaging, negotiating, approving and signing contracts is computerized and monitored.

7. Who Should I Contact with Questions About…..

Contract Issues: Lisa Hayes, Marta Silva University Counsel Phone: 212-346-1274 Fax: 212-346-1682 Email: [email protected] Insurance Issues: Terrell Kolodzinski General Services Phone: 914-923-2627 Fax: 914-923-2731 Email: [email protected] Contract Process: Janet Thompson, Tara Middleton Purchasing & Contracts Phone: 914-923-2690, 2758 Fax: 914-989-8114 Email: [email protected]

12

System Access: Systems Development & Training Phone: 914-923-2899 Fax: 914-923-2731 Email: [email protected]

13

CONTRACT

MANAGEMENT

PROCEDURES

14

Imaging Solution System

Description and Access Description The imaging solution is a computerized system that facilitates the electronic monitoring of contract documents. The imaging system is designed to allow users to:

Scan or Upload Documentation View Documentation Share Documentation Archive Documentation Determine the status of pending contracts

To Access the Imaging System In order to gain access to the imaging system the Originating Unit Representative must attend a Contracts Management training session. Only confirmed training participants will be assigned system access. Access will be granted through the Systems Development and Training department after training attendance is confirmed. The originating unit representative will be notified by email when access is granted.

15

Responsibilities of the Originating Unit

The Originating Unit drives the contract review and management system. It is the responsibility of the OU to conduct the initial contract negotiations with the vendor to make sure that the minimum provisions of the contract have been agreed to between the parties. Step 1: Review the Contract for Content

The Originating Unit should review each contract it receives to determine that the minimum components of a contract are present.

Legal Name and Address

The Originating Unit should ensure the legal name of the vendor is reflected in the contract. The Originating Unit should contact the vendor to make sure that the name reflected in the contract is the legal name since many companies operate under assumed names or variations of the legal name.

Financial Terms

Each contract should have the correct amount agreed to be paid by the parties and the means and method of payment. The exact amount should be in the contract, the party responsible for payment, the date the payment is expected and the means of payment, if applicable, i.e. whether the payment will be made in installments or in one lump sum payment.

Responsibilities of the Parties/Scope of Work or Service

Every contract should outline the duties and responsibilities of each of the parties. Contracts where Pace is requiring the vendor to perform a service or complete a task or work product, should have a detailed description of the scope of work or service to be performed and time frame for completion. The Scope of Work can be part of the contract or it can be attached as an exhibit.

Term and Termination

The term or length of the contract, including start date and end date, should be clearly stated in the agreement. The basis for early termination should also be clearly stated in the agreement.

16

Additional Terms and Conditions The Standard Terms and Conditions are the additional elements of the contract by which the parties will be bound. Terms and Conditions may include the following:

Insurance – The agreement should outline the level of insurance required to be provided by the vendor.

Indemnification – The agreement should contain an assurance that the Vendor will be responsible for its negligent acts and omissions. Assignment Clause – whether the agreement can be assigned to a third party. Term and Termination Clause – The agreement should state the agreed length of the terms and the circumstances and the means by which the agreement can be terminated.

Warranty and Representation – whether the vendor can give Pace a warranty on the work performed or equipment installed.

Confidentiality – The Vendor should represent that it will not disclose confidential information provided by Pace to any third party.

Use of Pace’s Name and Trademark – Pace’s department of University Relations

must approve the use of the University name and trademark.

Compliance with Antidiscrimination Laws – Pace will not do business with vendors that do not comply with federal anti-discrimination laws.

Notice – how, to whom and to where notices of any event under the contract will be sent to the parties.

17

Appropriate Attachments There are a number of additional attachments that may be required under a contract. For example, many contracts will require that the vendor insure the University against general liabilities or physical harm to employees, staff or students. In these cases, the Originating Unit Representative should ensure that Standard Insurance Requirements are included in the contract. In addition, the certificate of insurance should be attached to the contract. Signature Page A signature page must be attached to the contract or signature lines included at the end of the contract. Contracts may only be signed by the Executive Vice President of Finance & Administration, the Associate Vice President of Finance & Administration, the Provost or, the President. See Checklist 1: Contract Considerations Step 2: Complete the Contract Review Form Once the Originating Unit Representative has reviewed the contract, he or she should complete the Contract Review Form. The form is available on the Finance & Administration web page under “Forms”, look for “Contract Review Form”: Required Fields on the Contract Review Form The Originating Unit Representative must complete the required fields of the Contract Review Form in order for the contract to be reviewed. Note Failure to complete the required fields of the Contract Review Form will result in the contract being returned to the Originating Unit Representative without further review.

18

Required fields are: Defined As:

Vendor Code Vendor Code that exists in the Financial System Vendor Contact Name Name of the vendor representative Contact Email Address Vendor representative email address Contact Fax Number Vendor representative fax number Contract Type Contract Category Originating Unit Pace Organizational Area Originating Unit Representative Representative from Organizational Area Purchase Order Number (if applicable) As Assigned by the Financial System PO/Payment Due Date (if applicable) Date when PO or Payment is Due Contract Start Date (if applicable) The Day the Contract Begins Contract End Date (if applicable) The Day the Contract Ends Contract Termination Option Date (if applicable) The Day the Parties May Terminate the Contract Contract Renewal Option Date (if applicable) The day the contract may be renewed Insurance Coverage Amount (if applicable) The Total Amount of Insurance Coverage Insurance Renewal Date (if applicable) The date that the insurance coverage should be

renewed Also See Checklist 2: Required Fields for Contract Review Form

See Appendix 1: Contract Types.

19

.

5: Step 3: Complete Payment/Purchase Order Forms Contracts that require payments and/or purchase orders may be processed as follows: Payments to Vendors who are Independent Contractors:

Payments to Independent Contractors should be processed on the “Independent Contractor Payment Request Form”.

The form should be completed by the OU Representative and included as part

of the contract package that is sent to Purchasing & Contracts.

Purchasing & Contracts will forward payment requests to Accounts Payable with a copy of the approved/signed contract.

A copy of the payment request and approved/signed contract will be sent by email to the Originating Unit Representative.

The “Independent Contractor Payment Request Form” is located on the Finance &

Administration web page on the “Forms” drop-down list. http://appserv.pace.edu/execute/home_finance.cfm

20

Payments/Purchases for Vendors Who Are Not Independent Contractors:

Payments/Purchases to vendors who are not Independent Contractors should be processed on Pace’s e-procurement system using the “Non-Catalog Form”.

“Liberty-Net Contract” must be selected as the “Requisition Type” on the “Internal Info” section of the form.

Originating Unit Reps may complete and submit the on-line purchase request when they submit contracts for review and approval by University Counsel*.

Contract approval notification is sent to the Originating Unit Representative via email notice from University Counsel.

Approved, signed contracts will be sent via email notice to the Originating Unit Representative to be followed by paper copies with original signature(s) via interoffice mail.

The e-procurement system is accessed via the internet at:

http://solutions.sciquest.com/pace

*Pace standard contracts that do not require University Counsel review will be submitted for Finance & Administration signature. Once signed, contract copies will be sent to the Originating Unit Representative via email. Hard copies will be sent via interoffice mail.

Also See: Checklist 3: Complete Payment/Purchase Order Forms

21

Step 4: Forward the Complete Contract Package

All complete contract packages should be submitted to the attention of the Contracts Administrator in the Purchasing & Contracts department. There are three methods to transmit a complete contract package: I. VIA FAX

Contracts may be submitted via fax to (914) 989-8114. This is a LAN fax number – all contracts will be automatically directed to a central email address: [email protected].

II. VIA EMAIL

Emailed contracts should be transmitted with both the contract and review form as attachments. Contracts should be emailed to: [email protected].

III. VIA INTEROFFICE MAIL

The Purchasing and Contracts department, in cooperation with General Services, has established red interoffice envelopes as the standard for transmitting contracts and legal documents via interoffice mail.

Only the red interoffice envelopes should be used for mailing contracts in this manner.

You may obtain red interoffice envelopes from your campus mail services department.

22

Also See Checklist 4: Completed Contract Package

CHECKLIST 1

Contract Checklist

Legal Name of Vendor

Amount of Contract

Scope of Work or Service

Additional Terms and Conditions Indemnification Payment terms Insurance terms Renewal terms

Appropriate Attachments ___Insurance Certificates

Signature Page

Check Budget to ensure monies are available If Independent Contractor—submit Independent Contractor Questionnaire

23

CHECKLIST 2

Required Fields for Contract Review Form

Vendor Code

Vendor Contact Name

Contact Email Address

Contact Fax Number Originating Unit Originating Unit Representative Purchase Order Number (if applicable) PO/Payment Due Date (if applicable)

Contract Start Date (if applicable) Contract End Date (if applicable) Contract Termination Option Date (if applicable) Contract Renewal Option Date (if applicable) Insurance Coverage Amount (if applicable) Insurance Renewal Date (if applicable)

24

CHECKLIST 3

Complete Payment/Purchase Order Forms

For Vendors Who Are Independent Contractors:

Complete “Independent Contractor Payment Request Form” for

payments to Independent Contractors. Include the completed “Independent Contractor Payment Request Form” with the contract package. For vendors who are not Independent Contractors: Submit contract for approval/signature. Receive approved/signed contract via email attachment. Log on to Pace’s e-procurement site: http://solutions.sciquest.com/pace. Process the “Non-Catalog Form” Select “Liberty-Net Contract” on the “Internal Info” section of the form. Process and submit the form.

25

CHECKLIST 4

Completed Contract Package Contract Review Form Contract (signed by the vendor) Attachments (if applicable) Insurance Certificate (or email confirmation that insurance has been waived) If Independent Contractor—Independent Contractor Questionnaire

26

27

RESPONSIBILITIES OF THE PURCHASING & CONTRACTS DEPARTMENT The Contracts Administrator in the Purchasing and Contracts department is responsible for:

Receipt and review of contract packages. Processing Purchase Orders and Independent Contractor Payment Forms for contracts. Scan or upload contracts and legal documents on the imaging system. Maintenance of contract and legal documents on the imaging system.

RECEIPT AND REVIEW OF CONTRACT PACKAGES The Contracts Administrator will review contract packages for completeness. A completed contract package must contain the following:

Completed Contract Review Form Contract (Original) Independent Contractor Payment Request Form (if applicable – see

“Explanation 1”) Additional Attachments (if applicable – see “Explanation 2”)

Explanations (1 and 2): 1. Completed “Independent Contractor Payment Form” – is applicable if the

contract involves the payment to independent contractors or consultants. 2. Additional Attachments – is applicable if the contract requires attached

documents such as insurance certificates, consents. All submitted contract documents will be scanned on the Imaging System for University Counsel review and approval.

The contract should be free of binding or notation material: Examples of binding and notation material include the following:

• • • •

Staples Paper clips Post-it notes Signature tabs

.

28

Scan or Upload of Contracts and Legal Documents on the Imaging System Scan Documents Only hard-copy contracts and legal documents are scanned on the Imaging system. The Purchasing and Contracts department will scan contracts and legal documents on the Imaging system upon receipt. Exceptions are applicable. Exceptions to this schedule apply for documents that require additional processing time. These include, but are not limited to, the following:

Incomplete Contract Packages. Incomplete Contract Review Forms.

UPLOAD DOCUMENTS Email attachments of contracts and legal documents may be “uploaded” on the Imaging system. Acceptable format for upload documents are: Microsoft Word and Adobe PDF. The Purchasing and Contracts department will upload contracts and legal documents on the Imaging system upon receipt. Exceptions are applicable as follows: If the attached file(s) cannot be opened when the email is retrieved from the [email protected] address. If incorrect or, incomplete information is transmitted.

Maintenance Of Contract And Legal Documents On The Liberty System The Contracts Administrator is responsible for the maintenance of contract and legal documents on the Liberty system. It is imperative that the originating unit submit a copy of the final and fully executed contract to the Purchasing and Contracts department.

29

The final and fully executed contract will contain the signatures of the Authorized Signatory in Finance and Administration and the Vendor.

30

RESPONSIBILITIES OF UNIVERSITY COUNSEL The responsibilities of the University Counsel are to review the submitted contract, negotiate terms with the vendor not finalized by the originating unit and approve the contract as to legal form. University Counsel reviews each contract to ensure that the terms of the contract protect the interests and resources of the University and that its provisions are consistent with the scope of work proposed by the Originating Unit. The University Counsel works in cooperation with the Originating Unit to negotiate the appropriate terms and conditions of each contract. 1. Purchasing and Contracts routes notification to University Counsel that a contract

has been submitted. 2. University Counsel reviews each contract for legal content. Counsel checks for

specific provisions:

Indemnification Confidentiality Use of names and Trademarks Insurance Renewal provisions Payment Terms

3. For non-standard agreements, University Counsel will contact the Originating Unit

by email or by phone to indicate proposed changes to the contract. Either the Originating Unit or University Counsel will contact the vendor and negotiate the proposed terms.

4. University Counsel will update the Liberty System to indicate that a contract has

been approved as to legal form.

31

Responsibilities of Finance & Administration 1. Finance and Administration will review contracts for financial and business

considerations. 2. An authorized signatory will sign contracts after receipt of approval confirmation

from Legal Counsel. 3. Finance and Administration will forward approved and signed contracts to Purchasing

& Contracts. 4. The Office of the Executive Vice President will retain a copy of the final and

fully executed contract

32

MONITORING

THE

CONTRACT

33

USER RESPONSIBILITIES

Responsibilities of the Originating Unit The Originating Unit may access the Imaging computer application to access and view contracts and contract approval status. The Originating Unit must respond to requests from the Contracts Administrator or University Counsel for additional documentation. Responsibilities of the Purchasing and Contracts Department The Purchasing and Contracts department must maintain the system database of contracts and additional attachments. Responsibilities of the University Counsel The University Counsel must indicate approval and insert comments to the contract file in Liberty.. The University Counsel must also upload any contract revisions onto the Liberty application. Responsibilities of Finance and Administration The Finance and Administration authorized signatories may access Liberty to view contracts and indicate comments and signatures on specific contract folders.

34

TRAINING

35

Training Format

Individuals within the University who are responsible for originating contracts and their administrative support staff are required to enroll and complete contracts management training. Contracts management training will include the following topics:

Contract Management Policies and Procedures Imaging System Access The Imaging System

Contracts management training will be offered as part of the Learn to Excel programs beginning July 2004.

36

APPENDIX I

37

CONTRACT TYPES In order to appropriately identify and monitor Pace University contracts, it is important to properly assign to each contract a “type”. Appropriate assignment of a type will enable that contract to be easily tracked and therefore easily monitored. The contract type is the category to which a contract can be assigned. Categories of contracts are as follows:

TYPE DESCRIPTION CHAPTER 2 EXAMPLES Amendment Parties written agreement to change a

contract

Artist Performance Agreement Agreement to provide musical or other artistic performances on campus

Singer, band, Poet

Catering Agreement An agreement with a catering service or restaurant to provide catering service either on-site or off-site

Dolce Tarrytown; Hilton Hotel

Certificate of Insurance Evidence of vendor’s insurance coverage

Clinical Affiliation Agreement Agreement with an external site for student clinical training

Nursing students at Brooklyn Medical Center

Computer Hardware or Software Agreement

Agreement to purchase/lease and/or maintain computer hardware or software Contract requires prior approval from DOIT

Purchase mainframe or software computer system

Computer Maintenance Agreement

Agreement to maintain computer software services Contract requires prior approval from DOIT

Design software for accounting system

Construction Agreement Agreement with a General Contractor, Construction Manager, Contractor Engineer Architect or Sub-Contractor to perform construction services Contract requires prior approval from Buildings and Grounds

Building construction, major renovation or repair

Consultant Agreement Individual or company provides non-employee services

Study of departmental practices

Copyright License Permission Agreement - Copyrighted

Agreement to allow Pace to use copyrighted material

Agreement to allow Pace to use articles from a book on a distance learning course

Copyright License Permission Agreement – Pace materials

Agreement to allow a corporation or individual to use Pace copyrighted material Contract requires prior approval from University Relations

Agreement to allow another NYU Press to publish article by Pace

Course Development Agreement

Agreement with a professional to develop, update course

Agreement with a professor to develop a course outline and curriculum

38

Education Affiliation Agreement-General

Agreement with another educational entity to allow students to enroll in alternate schools. Contract requires prior approval from Provost

An Agreement with another college to provide a joint program, degree, etc.

Educational Training Services by Pace

Agreement to train a defined group of people

CLOUT; IBM employee training; Welfare-to Work

Employment Agreement (Non- faculty)

Agreement with individual for employment for a specific length of time Contract requires prior approval from Human Resources

Agreement with visiting grant-funded researcher; temporary agency agreement

Equipment Maintenance Services Agreement

Agreement to provide maintenance services for equipment

Agreement to maintain office equipment, vans, elevator, laboratory equipment

Equipment Purchase Lease Agreement

Purchase or lease equipment, supplies, etc. not covered by purchase order

Purchase new boiler

Event Agreement Agreement to conduct a Pace sponsored event at an off-campus location

Lubin School of Business Annual Dinner of the Waldorf

Facilities Use Agreement Agreement to permit non-Pace entities to use Pace facilities

Food Service Agreement Agreement to provide food service for the University or a campus

Agreement with Marriott Corporation to operate cafeteria

Fundraising Services Agreement

Agreement to provide Development/Fundraising advice, information or services Contract requires prior approval from Advancement

Coordinate Leaders in Management Dinner

Grant Agreement An agreement in accordance with a grant award

Women’s Justice Center: Domestic Violence Program; NIH Subcontractor Agreement

Honorarium Speaker Agreement

Speaker at Pace at a cost of less the $2,000

Visiting professor to speak at a class

Indemnity and Hold Harmless Agreement

An agreement to co-sponsor an event and thereby indemnify the entity

Co-sponsorship Agreement with DDH to conduct health fair with which we are having the event

Independent Contractor Agreement

An agreement with a worker performing services for, but not under, the control of Pace. Must be submitted to University Counsel with independent contractor questionnaire to determine contractor status

Photographer-web designer

Instructor Agreement An agreement with an instructor to teach a course Must be submitted to University

Instructor for continuing education course

39

Counsel with independent contractor questionnaire to determine contractor status

IT Resource Access Agreement

Agreement to allow access to Blackboard Services, Pace Network, Ethernet Connection or Telephone Network Contract requires prior approval from DOIT

Joint Venture Agreement An agreement between Pace and another corporation to provide services

Lease [See also: Equipment Purchase Lease Agreement] Contract requires prior approval from Buildings and Grounds

License Agreement Agreement to allow Pace to use intellectual property

Agreement for Pace to use reprint of Newsweek article on college rankings

Liquor Bond An agreement with insurance company to insure liquor license

Pace seeks to serve liquor at an on campus event

Maintenance [See also: Computer Maintenance] Publishing Agreement Agreement for Pace Press to publish

books and other materials Publish books or articles

Publication Agreement – University

Agreement with an outside vendor to publish University intellectual property

Publish article of faculty member

Real Estate Lease Agreement Rental of space for use by Pace Office Space, Student housing Renewal Written agreement to extend the end

term of the Agreement

Rider A separate statement of additional provisions to an agreement

Space Rental Agreement (Off-site)

Agreement by Pace to use offsite temporary space for an event without accommodations.

Agreement to rent Radio City Music Hall for graduation

Speaker, Artist, Performer Agreement

Agreement for visiting speaking engagements for compensation >$2,000

Henry Louis Gates, Jr., Commencement Speaker

Subcontract Agreement-Collaborating Institution

Agreement between Pace and another entity to subcontract services

Subcontract with Ohio State to perform NIH sponsored research

Temporary Staffing Agreement

Agreement for temporary staffing Temporary office staff, security staff

Tour/Travel Agreement Agreement for tour or travel arrangements

Student trips abroad

Tuition Reimbursement or Subsidy Agreement

Agreement with employer or other entity to reimburse Pace for all or part of employee tuition

IBM employee tuition reimbursement

Utilities Service Agreement An agreement to provide cable, electric, gas, telephone, or other utilities

Time-Warner: Tractabel

Work-Study Agreements Agreement with an agency to place Student placed with EPA or

40

student and pay through work-study not-for-profit organizations