Any document which intends to create a binding legal or financial obligation upon the University will require an official University signature to be a valid. The actual title of the document in question is not important, as a 'contract,' an 'agreement,' or a 'memorandum of understanding' each have the potential to legally obligate the University to undertake certain actions or pay certain amounts. Additional terms related to binding contracts include, but are not limited to: grant, affiliation agreements, memorandum of agreement, memorandum of understanding, certification, release, lease, revenue royalty agreement.
If there is any doubt whether a contract or other document might require an official University signature, do not sign anything. Contact the Associate Vice Chancellor and Controller and request a review of who has the authority to sign the document.
First, determine the process in advance:Are you working with a vendor providing a service or item that you will purchase, then you need to start with UWSP Purchasing for their contracting processes.
Are you part of a student organization planning to bring an entertainer, speaker or performer to campus event or activity? Then you need to start with the Center for Student Engagement (CASE).
Are you a faculty or employee planning to bring an entertainer, speaker or performer to campus event or activity? Then you need to start with the Division of Student Affairs Office ( 715-346-2481).
Are you working on a grant and there is an acceptance or agreement which needs to be signed? Official acceptance of the award on behalf of the Board of Regents of the University of Wisconsin System can only be made by the Associate Vice Chancellor for Personnel, Budget, and Grants in Academic Affairs or her/his designee. Start here for the process.
Are you working with a group or organization who want UWSP to provide a service to them, and we need to enter into a formal agreement or understanding, then follow the process below beginning with with "reviewing your documents thoroughly."
Are you unsure where to begin, contact either the UWSP Purchasing or Finance and Administration can help determine the next step.
Here is a general process to follow for agreement or contract approval:
Step one: Review the documents thoroughly:
Read thoroughly the entire document and take into consideration:
Has scope been determined?
Is the contract ambiguous?
Are the dates correct? Does it request auto-renewal?
Do you have the entities legal name? For example, does it indicate in the agreement "the Board of Regents of the Univerities of Wisconsin System, doing business as the University of Wisconsin-Stevens Point, [department name/office name|.
Do you have a contact person? Do you have a confirmed person at the entity who has signature authority to sign on their behalf?
Is the contract request aligned with campus or University of Wisconsin System policy?
Are you using an approved template for any affiliation agreements?
Do the discussions and expectations match what is writing?
Does it deal with technology? Have you talked to IT?
If you are reusing a contract template or a previous one, have you reviewed it to ensure it is the same and still accurate?
Does the pricing model make sense? Will you get what you expect for the price you allocated?
Does your contract pose a risk to employees or attendees? Will your contract include any work or services with or for minors like facility rentals, camps, clinics, field trips, etc.? Have you talked to Risk Management? If not, you should review this information and reach out to them.
Does it include references to governing law, indemnification, liability, sovereign immunity, choice of law/jurisdiction/venue, warranties, arbitration, attorneys' fees, etc.? If you see these, the contract may have items which are deal breakers for UWSP.
Is this a document, event or process somthing your supervisor, dean or director is aware of?
This is not an exhaustive list of items which can be flags for those authorized to sign agreements. If you see these items on a document, you should reach out to see if there is an authorized signature needed for the information.
The Office of General Council provides frequently asked questions that help you critically review contracts for a myriad of details which you may not be aware of. Contracts | General Counsel (wisconsin.edu)
Step two: Route for approval
First, confirm who can sign a contract. Only an Authorized Signer for UW-Stevens Point can sign contracts that they are authorized to sign. Learn more about signature authority.
Is it an external contract? A contract initiated from a non-university party for consideration is an external contract. The contract also does not follow a university approved template. This type of contract requires the contract routing and approval form to be signed and attached with the contract for review and approval. Approved university templates for contracts do not need a contract routing and approval form.
Where can I find a university approved template? Send email Finance and Administration and we will help to confirm a university approved template for a contract / agreement.
Contract Routing and Approval Form is a document intended to standardize the review process and ensure contract managers have confirmed reviews for key policies and processes from other offices on campus (i.e. Risk Management, Information Technology, Facility Services, etc.). If you need a copy of the routing form, please email Finance and Administration.
This form:
Guarantees that the department or unit can furnish services, materials, and/or funds provided for in the contract.
Assures that alternative activities, actions and/or providers have been considered, and that those stipulated in the contract represent the most feasible, reasonable, and fiscally prudent arrangements for the department and the university.
The department can ensure compliance with the obligations it places on the university.
In addition, the initiating department must have the cooperation and approval of any other university department that may be directly or indirectly be involved in the performance or funding of the contract (i.e. another department, Facilities Services, IT, etc.). Be proactive and reach out to any deparment who may have a vested interest or be impacted by the terms of the agreement.
You will fill in information and then route this for approval based on the the elements of the agreement.
Contracts with external entities must use the routing form. The current version is listed below.
Prior to being forwarded to the appropriate signature authority, the contract must be reviewed and approved by: the Department Chair; the Unit Director; the Business Manager, or the Dean. One of these persons may be the authorized signature authority too which will expediate your process.
How do they sign a contract? Talk to your authorized signer and confirm if they prefer to complete a physical signature or a digital one:
Use DocuSign is the resource which provides us a comprehensive tool to verify and track signatures.
If a group or an organization wants an actual signature, remember you can have the signer complete the approval process then scan the document and use Docusign to complete the process.
Follow appropriate records retention processes for any documents signed outside of DocuSign.
Send a copy of the final signed agreement to the contract repository via email or a hard copy to the Finance and Administration office (201 Old Main.)
Do I need to include anything with the document? Yes, you should include any and all documentation, emails and information necessary for others to ensure understanding of your contract. Also, if it is an external contract, it should be routed with the contract routing and approval form.
Step three: it is approved, what's next?
An executed contract is a document signed by all parties. It is the final completed document. When that is available, here are your next steps for that document.
Contract Retention - A central contract repository is maintained for the retention of final, executed contracts. Authorized signers of contracts/documents have access to the contract repository to record signed contracts and upload final copies of signed contracts.
- Campus departments may maintain their own copies/scans of these agreements as convenience copies. Send a copy of partially and final excutied copies to the central contract repository. Oversight and administration of the central contract repository is delegated to the Controller, Vice Chancellor for Finance and Administration / CBO and Executive Assistant for Finance and Administration.
- There are specific retention processes for the following:
- Procurement Contracts are retained in the ShopUW+ platform.
- Sponsored program and grant related contracts are retained in Workday.
- Retention of final, executed patient purchase agreements for the Speech, Language, and Hearing Clinic are retained in the clinic patient files.
- Athletic game agreements care maintained by the Athletic Director.
- All contracts are retained in accordance with University of Wisconsin System record retention guidelines.
Maintaining and managing ongoing contacts - if you are the contact or manager for a contract, we recommend staying aware of the terms of your agreement and ensuring compliance by both the contractor and the University. This may mean checking in on services, ensuring billing is properly accounted for, checking in with contractors to check on services. Actively managing your ongoing contracts will help to deal with many issues or concerns.
Reporting issues /concerns - alert your supervisor, dean or director regarding an issues or concerns with an ongoing agreement. You may also email the Finance and Administration office if additional support is needed (finance.and.administration@uwsp.edu).
Amendments - If changes are needed, start at the beginning of the contract process and work through the steps again. Remember to include previous contract numbers and / or information with amendments.
Resources
UWSP Current Signature Authority
Contracts - UW System General Counsel Legal Topics
Regent Policy Document 25-4
Department of Administration - Chapter 16
Controller and Financial Operations – UWSP
UWSP Purchasing
Vice Chancellor for Finance and Administration / CBO - UWSP
Office of General Council
Office of Internal Audit
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