EFFECTIVE: February 13, 2013
APPROVED: February 13, 2013
REFERENCES: C.R.S. 23-5-106
/ Dr. John Trefny /
Dr. John Trefny, Chair
Neither the Colorado Community College System (System), nor any college of the System, shall contract to indemnify or hold harmless any other person or party, except as authorized in this policy or otherwise expressly provided by law, without express approval by or on behalf of the Board.
This policy applies to all contracts entered into by the state system community colleges and the central System. This policy shall not otherwise modify or amend prior delegations of authority from the Board to the System President and the college
Presidents regarding the authority to approve and execute contracts, agreements and other binding legal instruments.
The System President shall promulgate procedures necessary to implement this policy.
In accordance with Colorado law, C.R.S. § 23-5-106, the Board authorizes the System and the colleges to contract to indemnify and hold harmless certain contractors only if the agreement is specifically identified and approved in accordance with this policy and System President procedures for such indemnification have been satisfied.
The colleges and the System may contract to indemnify and hold harmless a contractor when the contract meets the criteria 1, 2, 3, 4 and 5:
The Board hereby finds that Approved Contracts serve a valid public purpose and the risks to the System and the institutions are outweighed by the benefits of such contracts, provided that System President procedures for approving such contracts have been followed.
If the System or a college desires to enter into an agreement that contains an indemnification or hold harmless clause but that does not satisfy the requirements to be an Approved Categorical Contract, such agreement may not be entered into without the prior written approval of the System President. In order to authorize execution of the agreement, the System President must make a prior written determination that the contract serves a valid public purpose and that any risks to the college or System that may arise from entering into the contract are sufficiently limited and outweighed by the benefits of the contract so as to warrant approval on behalf of the Board.
In the event the System President is unwilling to approve any contract within the scope of the System President’s approval authority under this policy, the System President may choose to submit the contract to the Board for its consideration at its next regularly scheduled meeting.
*Where this valuation is not clear, the CFO of the System or college or designee shall reasonably determine the value to assign and the basis for such determination will be noted as part of the approval process of the contract.