Policy

4:060-AP2 Contracts

Employees may sign binding contracts on behalf of the Board of Education and/or School District only with the proper approval and authority as set forth herein.  The term “contract” is defined broadly, to mean any document intended to set forth an agreement or arrangement between the Board of Education or School District and an outside party.

Authority

The following positions have the designated authority to enter into single-year (non-renewing) contracts less than $25,000 on behalf of the Board of Education:

  1. Superintendent
  2. Assistant Superintendent/ Chief
  3. Principal
  4. Director
  5. District Theatre Manager

The positions listed above may sign either multi-year contracts or contracts in excess of $25,000 only with approval from the Board prior to execution; no other person or position may sign a contract without approval from the Board.

Approval

In signing a contract, it is the responsibility of the designated authority to:

  1. Read and understand the terms of the contract.
  2. Attest that the terms of the contract are fair and reasonable.
  3. Approve the contract in accordance with Board policy and administrative procedures, including but not limited to:
    1. 4:060, Purchases and Contracts
    2. 7:345, Use of Educational Technologies; Student Data Privacy and Security
  4. Provide copies of the contract to the Business Office for recordkeeping.
  5. Ensure that all parties fulfill the terms of the contract.

Any person who signs a contract on behalf of the Board or District without proper authority may be subject to disciplinary action, up to and including termination.  Any person who signs without authority may be liable for the obligations, debts, and risks of the contract; further the individual’s liability may be personal, and potentially, criminal.  

Conflict of Interest

An employee who may have a conflict of interest with respect to a given contract shall not sign or be involved in the approval process of such contract(s).

Records

All contracts must be in writing, which may include electronic (but not email) form.  No contract will bind the District unless it is in writing, signed by an authorized designee, and executed in accordance with Board Policy.  

Authorized signers shall promptly forward a copy of any signed contract and all supporting documents to the Business Office at contracts@bps101.net.  Supporting documents include, but are not limited to, digital privacy agreements (for SOPPA compliance), certificates of insurance, and appendices or amendments.  Original, paper copies of any contract over $100,000 shall be kept in the Business Office.

All contracts shall be indexed by the Business Office and filed in alphabetical order by the vendor’s name and shall not be separated by fiscal year.  

 

Cross References:

4:060 Purchases and Contracts

7:345-AP1 Use of Educational Technologies; Student Data Privacy and Security

Date Adopted: April 26, 2016

Date Amended: June 24, 2021