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Contract Template: Standard contract developed by the Office of the General Counsel that contains all material terms, for use by a unit for a specific reoccurring activity.

Contract term: Length of time of the commitment based on start date and end date of contract, including any automatic renewals.

Delegation of authority:  A formal written statement granting broad or limited authority for specified matters, consistent with the Contract Approval and Signatory Authority Policy.

Income/Expense Activity: Self-supporting activities designed to generate sufficient revenue from the sales of specific goods or services to recover expenses associated with providing those goods or services as defined and recognized by the Financial Analysis and Budgeting Office (FAB) in accordance with the Income/Expense Manual (pdf). These activities are sometimes referred to as auxiliary services.

Revenue-generating contract: A contract between ����̽̽ and an external entity, including a ����̽̽ affiliated organization, where ����̽̽ receives money and/or in-kind or like-kind consideration for services rendered or goods sold, including use of space. Revenue-generating contracts are required to follow the procedures in this document, and include but are not limited to, the following types of agreements:

• Income and Expense Activities, as defined in the University's Revenue Generating Activity Guide, involving non-����̽̽, external customers
• Sale or lease of services, such as contracted employee or consultant work, and programming offered by Professional and Continuing Education to non-����̽̽, external customers 
• Sale or lease of goods, such as equipment, space, promotional opportunities, software licensing, trademark licensing, etc.
• Sale or lease of real estate

����̽̽ revenue-generating contracts do not include

• Internal charges for goods or services, i.e., renting out vans to other departments (use of chartstring/journal transfer), internal income/expense MOUs
• Sponsored project agreements
• Student housing and meal plan contracts, and related charges by ����̽̽ Dining and Residential Life
• Billing of students by Student Financial Services
• Student / participant program or event registration for Orientation, or Student Life programming (i.e. TREK, SpringFest, ����̽̽ GO) 
• Student payments for services to the Center for Health and Wellbeing
• Tuition billing by Professional and Continuing Education
• Gifts (gifts are subject to the Gifts Policy)

Unrelated Business Income Tax (UBIT): Federal income tax imposed on income unrelated to the key components of the tax-exempt mission of the university: teaching, research, and public service, generated by tax-exempt organizations.

The word “department” refers generally to the initiating unit/contract sponsor and encompasses department, college, school, center, or other administrative unit. Departments that routinely enter into contracts of like kind or subject matter may request that the Office of the General Counsel (General Counsel) develop a Contract Template for recurring use.

Departments using a Contract Template are required to follow the delegation of signatory authority for departmental level execution, and shall resubmit any and all individual contracts to General Counsel:

1. if the overall dollar amount or term reaches thresholds which require additional review and approval; and 

2. when material changes are requested by the third party. 

Departments are responsible for submitting Contract Templates for review by General Counsel at intervals no longer than three successive years.  

If a Contract Template is not being used, departments are required to submit all draft revenue-generating contracts for review by General Counsel at least 30 days prior to execution using the University's . 

Upon receipt, draft contracts will be assigned to a member of the Office of the General Counsel for review. As part of the review process, General Counsel will consult with applicable administrative units regarding insurance and liability provisions, legal and regulatory compliance, data security, and other implications. General Counsel will provide feedback to the department on the draft contract. It is the department's responsibility to address the feedback provided, both internally and with the contracting party (i.e., negotiate).  

After any identified issues have been satisfactorily resolved and the contract is ready for signature, most contracts will be signed by the parties through the electronic contracting process. If for some reason the electronic contracting process cannot be used for a particular contract, the department is responsible for obtaining third-party signatures and applicable department-level signatures on the contract and delivering to General Counsel for final execution by the appropriate senior-level signatory. Contract signatures, both electronic or by hand, must be in compliance with the University's delegation of signatory authority protocols. See Contract Approval and Signatory Authority Policy and the Revenue Contract Signatory Authority Thresholds (Appendix A).  

Following final execution, unless the contract has been delivered through the electronic contracting process, the department is responsible for delivering the fully signed contract to the third party and retaining the original contract for record keeping. 

A revenue-generating contract whose value exceeds $2,000,000, or extends for a term of 10 years or more, must be approved by the Board of Trustees per the Delegation and Retention of Board Authority (pdf). When initiating a contract that requires Board of Trustees’ approval, the requesting department must allow ample time in the process, in addition to the review timeline outlined above, to meet applicable Board materials submission deadlines. Information regarding those deadlines may be obtained from the Office of the Board of Trustees Coordinator.

All incoming revenue must be recorded in the University's accounting system in accordance with the Non-Sponsored Accounts Receivable and Billing University Operating Procedure, or the Securing and Depositing Cash Receipts University Operating Procedure for fees for service. 

Departments are encouraged to establish Income/Expense Activities for self-supporting transactions that are routine and recurring in accordance with the Income/Expense Manual (pdf). 

Training will be provided on an as-needed basis as determined by the Approval Authority or the Responsible Official.

• Accounts Receivable and Billing - Non-Student, Non-Sponsored External Customers Procedure
• Affiliated Organizations Policy
• Board of Trustee Resolution Regarding Delegation and Retention of Board Authority (pdf)
• Cash Receipts, Securing and Depositing of Procedure
• Code of Conduct and Ethical Standards Policy
• Conflict of Interest and Conflict of Commitment Policy
• Contract Approval and Signatory Authority Policy
• Income/Expense Manual (pdf)
• Licensing - Trademarks Policy
• Purchase or Lease, Contract Approval, and Signatory Authority of Goods and Services 
• Protection of Minors Policy

X= Required 

*Individuals who have been assigned as a delegated authority for this purpose may review and approve contracts at their delegated level only. A current Delegation of Authority letter must be maintained with the Dean’s Office, and submitted to the University Controller’s Office with a copy to the Office of the General Counsel, consistent with the Contract Approval and Signatory Authority Policy. 

Any, and all, contracts for the sale or lease of ����̽̽ real property, regardless of term or amount, are required to be reviewed and approved by the Vice President for Finance and Administration.