Contract Administration Policy

This policy establishes the College's non-procurement contract administration framework. It outlines the required steps for the creation, review, and approval of contracts and creates specific approval workflows to minimize risk to the College. This policy assigns contract signing and management authority to various positions throughout the College.  

This policy applies to all VCC employees and the Board of Governors. The policy includes education and non-revenue generating agreements (e.g. affiliation, articulation, dual credit, work-integrated learning, etc.), revenue generating agreements (e.g. licensing, education service agreements, partnership etc.), and significant contracts (e.g. sale of real property, intellectual property, etc.)

This policy does not apply to contracts that are agreements, or contain agreement, to procure goods, services, construction, and/or to incur chargeable expenses. For these types of contracts please refer to Procurement Policy 130.

This policy excludes contracts managed by the Facilities department and the VCC Foundation. It also excludes employment contracts managed by People Services.

1. The College will enter into and manage contracts in a manner that is consistent with best business practices, and which minimizes the risks associated with contractual arrangements.


2. The College will only enter into contracts that comply with applicable legislation, regulatory requirements, and College policies and that align with and support the mission, mandate, and strategic direction of VCC.


3. The College is a legal entity. Individual employees, departments, or schools do not have legal rights to contract on behalf of the College in their own name. Employees are not authorized to sign contracts unless they have been granted that authority pursuant to this policy, or a resolution from the Board of Governors or such authority has been delegated.


4. Indemnity clauses require review and written approval from the provincial Risk Management Branch prior to contract execution.


5. The Department of Safety, Security, Risk and Privacy will provide administrative oversight to the contract development process, including contract review prior to submission for signature, and obtaining written approval of all Contract indemnity clauses from the Risk Management Branch.


6. Every contract must have a designated Contract Manager who will ensure proper performance of the Contract and administration of all related obligations of the College under the contract.


7. Employees must not engage in any activity that may create, or appear to create, a conflict of interest.


8. Where the contract is initiated by the College, employees may only use a College-approved contract template to enter into a contractual arrangement on behalf of the College, except in those circumstances where a College-approved contract template does not exist.


9. Services within the scope of a contract may not commence until a contract has been signed by both parties.


10. The Indigenous Education & Community Engagement (IECE) department must be consulted for any contract related an Indigenous partner, service or activity.


11. Contracts that include activities or services which require physical space at the College must verify with Facilities Management that space is available before executing the contract; these contracts must include the Space Rental Schedule. 


12. The Contract Manager shall process amendments, changes, extensions to, or renewals of contracts in the same manner as if a new contract.


13. The College's copy of all contracts will be securely stored in an electronic repository by either the Appropriate Vice President or the responsible Dean/Director in accordance with the College's Records Retention Schedule.

Contract

A written agreement between two or more parties that defines the relationship of the parties and creates legally binding obligations on the College that are enforceable or otherwise recognizable at law. References to “Agreements” are understood under this policy to be Contracts.

Contract Authority

The authority to execute Contracts on behalf of the College. It is distinct from Signing and Spending Authority (Policy 114).

Contract Manager

The employee responsible for ensuring the terms and conditions of the Contract are being implemented as agreed by the parties to the Contract.

Contribution Agreement

An agreement that is used to transfer funding from a government agency to an organization for a specific project. It specifies the amount of funding, eligible project costs, and the responsibilities of both the funding agency and the recipient.

Educational Affiliation

An agreement with another post-secondary institutions or other body that creates opportunities for educational programming, student pathways, or applied research. Educational affiliations extend the College's ability to create learning experiences for students, partnerships offering credentials, collaborations for applied research and scholarship, or equivalent course/credit pathways between institutions. Educational Affiliations include Applied Research Projects, Articulation, Block Transfer, Consortium Model, or Joint Credential Contracts.

Education Service Contract

A binding written agreement that captures the terms surrounding the delivery of training or educational services outside of base budgeted activities. Agreements of this nature typically have an established term and result in additional revenue.

Indemnity

A risk transfer mechanism between parties in a contract allocating who will pay for certain types or causes of loss. The intent of indemnification is that a party be returned to the financial position it was in before the loss occurred.

Letter of Agreement

A written offer specifying goods, services, or space to be provided at the agreed to prices, terms, and time. It becomes a binding contract when signed by all parties.

Licensing Agreement

A contract which outlines how materials owned by a party may be used by other parties in exchange for payment to the owner.

Mandatory Reviewer

The VCC personnel authorized to review a Contract before it is executed.

Memorandum of Understanding

A non-monetary agreement between two or more parties outlined in a formal document. It is used as a statement of intent of what each party will be responsible for without creating any legal obligations. It clarifies the relationship and can, but does not always, create a path to move forward with a contract.

Partnership Agreement

An agreement between the College and an external body which focuses on mutual academic, cultural, community, or administrative benefits. They may be revenue or non-revenue generating depending on the specific contract.

Proposer

The individual who initiates or develops the opportunity or partnership covered by the Contract. The Proposer is not necessarily the Contract Manager.

Revenue Generating Contract

A binding contract between the College and another party that defines the terms under which the College receives revenue. These include, but are not limited to; Education Service Contracts, Licensing Agreements, and some Partnership Agreements.

Risk Management Branch

The provincial government department in the Ministry of Finance that is responsible for the effective management of risk to which the government is exposed by virtue of its assets, programs and operations, including the assets, programs and operations of government entities.

Significant Contract

A Contract that may have a substantial impact or pose extraordinary risk to VCC and includes Contracts that are precedent-setting, involve sensitive issues, or have the potential to harm VCC's reputation.

Work Integrated Learning

A form of curricular experiential education that formally integrates a student's academic studies with quality experiences within a workplace or practice setting. WIL experiences include an engaged partnership of at least: an academic institution, a host organization, and a student. WIL can occur at the course or program level and includes the development of student learning objectives and outcomes related to employability, agency, knowledge and skill mobility, and life-long learning. WIL includes, but is not restricted to, activities such as practicums, clinical placements, and internships.

• Signing and Spending Authority (114)
• Financial Responsibility and Accountability (115)
• Capital Assets (117)
• Procurement (130)
• Rental of College Facilities (140)
• Standards of Employee Conduct & Conflict of Interest (202)
• Education Service Contract (406)
• Educational Affiliations (407)
• Sponsorship (530)
• Archives (521)
• Records Management (520)

• Contract Signing Authority Matrix

• College and Institute Act, RSBC 1996, c 52