Administrative and Financial Services (AFS) is responsible for oversight, coordination, negotiation (in many instances), and approval of all contracts which are executed by the School. AFS also reviews and acknowledges with the Dean's signature all contracts executed by the University of Kansas School of Medicine–Wichita Medical Practice Association (MPA).
In order to avoid possible future negative repercussion, no agreement should be executed by any staff or faculty member on behalf of the school or the MPA. ALL contracts require approval through AFS and the signature of the Dean. AFS will, in turn, assure that the document has had necessary legal review and approval.
Delegation of contracting authority: In accordance with the Board of Regents Policy, all contracts must be executed in the name of the University of Kansas on behalf of its School of Medicine–Wichita, not in the name of an individual school, division, or department. All contracts and affiliation agreements must be reviewed by the Office of the General Counsel, including all income-producing contracts and contracts funded with private or Endowment funds. Direct all contracts to Kim Shore, Senior Coordinator Budgets and Contracts, for review and approval by the Office of the General Counsel.
Section II, B, 8(b) (4) of the Board of Regents Policy and Procedures Manual specifically authorizes only the Chancellor and her designees to execute contracts on behalf of the University. Chancellor Bernadette Gray-Little has delegated that authority for KUSM–Wichita to the Dean and Associate Dean for Administration. Direct all agreements to Kim Shore, Senior Coordinator Budgets and Contracts, for review and approval by the Dean.
A contract is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. Black's Law Dictionary
A written contract is necessary
To clearly define obligations and expectations of each party
To limit agency liability
To define payment terms
To divide up business risks
The following provisions are typical for a written contract
List of the parties to the contract.
Effective date of the contract and provision for early termination.
Actions (and limitations of those actions) required to be performed by each party.
Compensation to be paid - or a statement professing that adequate mutual benefit (sans compensation) is flowing under the contract
Form and time of compensation
Relationship of the parties
Provisions for damage issues and insurance requirements
Provision for assignment (or non-assignment) of the contract
Forum for interpretation of contract provisions and settlement of disputed items
Provisions required by Federal government and Medicare regulations
Signature and date lines
The following items should be provided to AFS to draft a contract
Purpose of the agreement
Duties to be performed by department or university employee
Items needed from other party to perform duties
Address for invoicing
Address for notices
Name & title of authorized contract signee
Beginning and end date of contract
E-mail address of other party to send contract draft for pre-approval
All contractual agreements need to be channeled through AFS for coordination of review and legal approval during the initial negotiation process as there are certain items, as a state agency, we cannot agree to. The Wichita Dean should not be asked directly by the departments to sign any agreement without prior review from AFS and signature of KUSM–W’s legal counsel
Lease or equipment service agreements are considered binding contracts. In addition, all leases and service agreements must have a Contractual Provisions Attachment (State of Kansas, Department of Administration Form DA-146a, Rev. 6-12) attached to the lease or agreement and the following wording added to the lease or services agreement: “The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 6-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof.” This statement should be added above the signature line indicating vendor approval. The Kansas City purchasing department also requires the vendor to sign the DA-146a
All sub-contracts where the monies originate from a Federal agency must be processed by KU Medical Center Research Institute (KUMCRI)
Contract originals are retained by AFS for five years after contract termination