Policy

Procedure

Required Review of Certain Contracts by the College General Counsel and Required Approval of Certain Contracts by the Executive Vice President for Business Affairs and the President Prior to Execution

  • A. Contracts that Require Legal Review and Approval by the Executive Vice President for Business Affairs Prior to Execution
    • Subject to the requirements of Section A. above, prior to execution by an individual with signatory authority, all of the following Contracts must receive legal review by the General Counsel (or his/her designee) and the approval of the Executive Vice President for Business Affairs or the President (or his/her designee):
      1. Contracts with a total value in excess of $25,000, with the exception of employment agreements;
      2. Contracts that involve real property, including all actions for the purchase, sale, rental, lease, license, construction, renovation, or improvement of real property (except for those contracts involving real property outlined below that require the approval of both the President (or his/her designee) and the Executive Vice President for Business Affairs (or his/her designee);
      3. Contracts involving employee benefit programs;
      4. Contracts that are intended for the President’s signature, or that affect the President or the Office of the President, other than Contracts of a routine nature required in the normal course of business operations (e.g.,
        office supplies and equipment);
      5. Contracts for third party audits or reviews; and
      6. Contracts that are determined by an Executive Vice President or the General Counsel, in the exercise of their discretion, to require review, whether on an exceptional basis or by category of supplies or services being procured.
      7. Contracts that involve agreements with other state agencies and/or academic institutions;
      8. Settlement or waiver of claims or liability; and
      9. Novations or amendments of contracts which required approval or which the amendment or novation increases the value of the contract in excess of $25,000.
  • B. Contracts that Require Legal Review Prior to Execution
    • Subject to the requirements of Section A. above, prior to execution by an individual with signatory authority, all of the following Contracts must receive legal review by the General Counsel (or his/her designee) or the President (or his/her designee):
      1. Contracts that involve the intellectual property of the College (e.g., use or licensing of innovations, patents, trademarks and copyrights);
      2. Contracts that contain provisions affected by requirements specific to state agencies or Contracts that could potentially expose the College to liability even if there is no direct expenditure of funds (for example, a Contract that contains an indemnification provision, a Contract that contains a limitation of liability or otherwise allocates liability among the parties; or a Contract that states that the laws of a state other than South Carolina govern);
      3. Contracts that involve license agreements;
      4. Contracts that involve minors or individuals requiring legal guardianship;
      5. Settlement agreements and/or release forms where the College is compensated for damage to real property, personal injury, breach of contract, or other matters;
      6. Contracts with third parties for presentations, performances, speeches, concerts, and other events of any nature on the College campus or any of its properties; and
      7. Confidentiality or non-disclosure agreements
    • Questions about whether a Contract requires prior review should be directed to the
      General Counsel for further guidance in advance of Contract execution.
  • C. Contracts that Require Approval by the Executive Vice President for
    Business Affairs and the President Prior to Execution
    • Subject to the requirements of Section A. above, prior to execution by an individual with signatory authority, all of the following must receive approval by the President (or his/her designee) and the Executive Vice President for Business Affairs (or his/her designee):
      1. Any offer letters, employment contracts, letter of appointment, or other document(s) modifying the terms or conditions of employment (including, but not limited to, specific parking spaces, moving expenses, sabbaticals, or benefits of employment beyond the last day of on the job attendance) for anyone with Vice President, Provost, or Counsel in their title;
      2. Any document which transfers a staff employee to a faculty position;
      3. Any contract for the acquisition, sale, or disposal of any land and/or buildings; and
      4. Any real property leases through the South Carolina General Services Division
    • Notwithstanding any provisions hereof, all appointments or contracts for anyone with Dean in their title must have the approval of the President of the College. In addition, any document which amends any offer letter, contract or appointment letter for a faculty member serving in an administrative capacity must have the approval of the President if it changes the compensation, benefits, or terms of employment from those that existed at the time the faculty member was offered and accepted the administrative appointment.