Procurement & Payment Services

Campus Agreements

The following is a review of the current policy on how campus agreements are developed, authorized and signed.

Please allow at least a week to review the agreements discussed below.

It should be noted that this policy applies to state activities, but not to activities of the Brockport Auxiliary Service Corporation (BASC), the Brockport Foundation, the Alumni Association or to the Research Foundation. These are separate legal entities and they should be contacted if there are questions about their policies on developing agreements.

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TO: All Faculty and Staff

FROM: Lou Spiro, Vice President for Administration and Finance

RE: Updated Policy on Campus Agreements

Given the complexities of New York State and SUNY requirements and regulations when executing third party (external) agreements and/or contracts, it is critical that the Division of Administration & Finance be involved in the initial discussions and developments of all agreements AND provide final authorization/signature of all agreements before execution. Failure to involve appropriate staff at the beginning of the process may lead to substantial delays in re-writing agreements if they are not in compliance with all requirements and regulations that are necessary to protect the College, SUNY and New York State from potentially serious liability and financial issues.

Third Party (External) Agreements and/or Contracts:

The following is a list of the agreements and/or contracts and the corresponding contact person in the Division of Administration & Finance responsible for the review and final authorization/signature of such agreements/contracts prior to their execution:

Affiliation Agreement - An agreement used when a The College at Brockport student is performing an internship at a clinical site as part of their course work. The agreement is necessary when the clinical site requires a certificate of liability insurance.
Contact: Pam Powell, Procurement & Payment Services, 5148.

Contractual Agreements - Any agreement where The College at Brockport is agreeing to terms/conditions and/or financial obligations.
Contact: Mark Stacy , Procurement & Payment Services, 5149.

IFR/Other Agency Accounts - IFR (Income Fund Reimbursable) accounts are self-supporting accounts that generate revenues and provide services that are not included in the State operating budget. Other Agency Accounts are where BASC acts as an agent for the receipt, custody, and disbursement of monies for campus organizations or informal associations of students, faculty, or staff members, (e.g., Student Government.
Contact: Off ice of Finance and Management, 5484.

MOU (Memorandum of Understanding) - An agreement between two State agencies. The agreement puts the essential terms of the agreement into writing so that both parties agree to those terms.
Contact: Mark Stacy , Procurement & Payment Services, 5149.

Partnership Agreement - An agreement between The College at Brockport and a not-for-profit organization with a common goal and wish to work together to accomplish the goal. Both parties contribute funds and/or share expenses, (e.g., joint development of a program).
Contact: Mark Stacy, Procurement & Payment Services, 5149.

Revenue Contract - An agreement between the State and private individuals and/or businesses. In most cases, only revenues are derived from agreements between a State agency and a contractor, 9e.g., license concession agreement).
Contact: Mark Stacy , Procurement & Payment Services, 5149.

Revocable Permit - An agreement that provides terms/conditions for use of space at SUNY Brockport by an outside group or organization.
Contact: Pam Powell, 5148.

Exceptions (Do Not Require Review):

The following are exceptions to the guidelines below and do not require review by the Division of Administration & Finance:

Advertising contracts to reserve publication space
Alumni Association activities*
Contracts/Agreements with Brockport Auxiliary Service Corporation (BASC)*
Contracts/Agreements with the Brockport Foundation*
Individual microcomputer software licenses
Overseas program agreements that are reviewed by SUNY System Administration
Research Foundation activities*

*These organizations are separate legal entities and administer their own policies and procedures.

Guidelines:

All written agreements (unless noted above as an exception) between the College and a third party (external) entity must be reviewed and signed by staff in the Division of Administration & Finance before any commitments are made. These would include, for instance, any contracts/agreements for goods or services purchased by the College such as rental agreements for equipment, service contracts, office space, contracts for services to be performed, partnership agreements, credit cards (other than the SUNY Visa Purchasing Card), bank accounts, etc.
Under no circumstances are faculty or staff members to sign any agreements with an external entity (unless noted above as an exception) since they do not have the legal authority to commit The College at Brockport to the terms that might be included in the documents.
Under no circumstances are faculty or staff members to make oral (non-written) agreements with an external entity or to begin programs requiring written agreements prior to a written agreement being finalized and signed by the Division of Administration & Finance.
Any faculty or staff member making or signing such agreements without proper authorization may be held personally liable for costs incurred under the agreement or damages that might result. By law, any contract executed by a staff or faculty member without express prior authorization is not valid or binding on The College at Brockport. The Public Officers Law is meant to protect state employees only in the performance of their "official duties," which do not include signing unauthorized contracts. Faculty and staff place themselves at potentially great financial risk by entering into such agreements - written or oral - on behalf of the College without express prior authorization in writing.
Some agreements may be sufficiently complex and require additional review by SUNY Counsel's Office (determined by the Division of Administration & Finance). Depending upon the level of financial obligation, it may also be required to obtain approval by SUNY System Administration and/or the State Attorney General and Office of the State Comptroller before the agreement is finalized. These additional steps of review and approval will obviously add to the time required for final approval and authorization.
Any program, activity or commitment that is implemented prior to official approvals by the Division of Administration & Finance will be terminated, rather than developing proper agreements after the start of such an activity.
Please allow sufficient time in the planning process for reveiw and approval. Given current staffing realities and the increasing number of agreements that are received, please allow at least five (5) businesss days to reveiw any applicable paperwork. If a financial obligation is involved, the agreement must be accompanied by a completed requisition form. Please include a routing slip showing the name and telephone number of the departmental contact.

If there are any questions, especially if you are not sure how to handle an agreement or contract, please contact one of the staff members referenced above before taking any action.

Thank you for your cooperation.

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