Required and Prohibited Contractual Terms

The correct legal name and description of the university, which should appear on all contracts, is “Wichita State University, a state educational institution of Kansas.” The Kansas Board of Regents (KBOR) requires all contracts to be in the name of the university, and prohibits individual schools, divisions, and departments from entering into contracts.

State law provides that the Attorney General has exclusive authority and control over all matters of litigation or potential litigation involving State agencies. As a result, the university does not have statutory authority to accept the governing laws of another state.

The university does not agree to binding arbitration and no contract should include provisions otherwise. The State Attorney General has exclusive authority and control over all matters of litigation or potential litigation involving State agencies, thus the university has no authority to limit the type or scope of judicial action. Provisions which effectively waive the right of the Attorney General to bring actions on behalf of the state are prohibited.

The Kansas Board of Regents (KBOR) is responsible for the control, supervision, and operation of WSU and other state universities. It is the policy of KBOR that all rights associated with works produced as “works-for-hire” or other works that make “substantial use” of WSU resources belong to WSU. Any policies otherwise are prohibited, absent General Counsel review and approval.

The university cannot agree to provide any indemnity beyond what is statutorily provided in the Kansas Tort Claims Act K.S.A. § 75-6101 et seq. (indemnification cannot exceed Five Hundred Thousand Dollars ($500,000) per occurrence).

As a state educational institution, the university is governed by the Kansas Prompt Payment Act, K.S.A. 75-6403. Accordingly, the university cannot agree to pay attorney fees, costs, or late payment charges beyond those available under the Act.

The university cannot agree to any provision that unconditionally assures or promises a certain result or outcome.

As a state educational institution of Kansas, the university is subject to the Kansas Tort Claims Act K.S.A. § 75-6101 et seq. (the “KTCA”). The KTCA works in much the same way as liability insurance or self insurance, by covering claims that do not exceed Five Hundred Thousand Dollars ($500,000) per occurrence. As a result, the university does not carry commercial general liability insurance and instead relies on the protection of the KTCA. WSU does have some specific insurance coverage in excess of the KTCA. However, no contract should certify that WSU will maintain certain insurance or identify coverage limits without first discussing with General Counsel to ensure the university can meet any stated requirements.

As a public institution, we cannot agree to pay attorney’s fees, court costs, or other litigation expenses in the event of a dispute.

As a state educational institution, the university holds certain obligations under the Kansas Open Records Act (“KORA”). Upon signing a contract, the document itself becomes public record, subject to redaction of any information excepted or exempted under KORA. WSU cannot agree to contractual provisions that prohibit the university from complying with its obligations under KORA.

Pursuant to University Policy 14.03 / Purchase of $3,000 or More, contractual service agreements in the amount of $10,000 or more must be documented in a formal written agreement, and must incorporate the DA-146a Contractual Provisions. On those agreements, the university cannot agree to any contrary terms.