Risk Management-Contract Review

Contracts, especially those prepared and submitted to the university by outside entities, often contain legal language and stipulations (such as indemnification statements, coverage limit requirements, and legal jurisdiction statements) to which the State of Virginia cannot legally agree to. Thus, NO JMU department is authorized to approve, enter into, or otherwise execute a contractual obligation or agreement on behalf of the university. Any contracts or potential contractual agreements must be reviewed, approved and executed by the proper university (and possible state) official. All contracts entered into by the university must go through at least one of several possible channels, depending upon the type of contract or agreement, before they can be signed and executed.

• Goods and Services– If the contract is for goods or services provided to the university, the contact must initially be reviewed and approved by University Procurement to ensure the agreement abides by all State Procurement guidelines.

If it is determined that a contract for goods or services does not, for whatever reason, require approval by University Procurement, it must then be reviewed by the Risk Management office and forwarded for final approval by the AVP for Finance.

• Real Property/Real Estate – If a university department wishes to lease real property such as office/lab/classroom space, warehouse space, storage units, or any other off-campus real estate, the department must contact the university’s Real Property Administrator, Jenny Lyons. The Real Property Administrator will make arrangements for a new lease to be created by the State Bureau of Real Property Management polices and guidelines. University departments cannot, according to state law, either initiate or enter into a contract or lease for Real Property without going through the state lease procedures.
  

NOTE: The University’s Real Property Administrator must handle and initiate all purchases of real estate/real property for the university as well as real property leases/contracts.

• Internships/Affiliation Agreements – If a university department wishes to enter into a contractual agreement involving a cooperative effort between the university and another institution, organization or company, the contract must be first reviewed by the Risk Management office and then forwarded to the AVP for Finance for final approval, signature and execution.



• Grants – Grant related contracts are initiated and reviewed by the Sponsored Programs Office and executed by the AVP for Finance.

For more information regarding contracts, contact Mack Moore, Risk Management Coordinator, Resource Management at 540.568.7812 (phone) or mooremg@jmu.edu.