
270.0 VIII-3.20- PROCEDURES RELATING TO REVIEW BY ATTORNEY GENERAL'S OFFICE OF CONTRACTUAL AGREEMENTS OF THE UNIVERSITY SYSTEM AND INVOLVEMENT IN FINANCING, REAL ESTATE, AND RELATED CAPITAL PROJECTS Issued by the Chancellor, July 16, 1990 1. Review of Contractual Agreements Any proposed contractual agreement should be submitted in a timely manner for review to an attorney designated by the Attorney General. It is the responsibility of administrators in the University of Maryland System to obtain a written statement of legal sufficiency for any contractual agreement before it is signed by the appropriate University System officer. If an attorney in the Office of the Attorney General has approved a contract form for form and legal sufficiency, approval of a particular contract is not required, provided the approved contract form is utilized without substantive modification or alteration. 2. Financing, Real Estate, and Related Capital Projects The Attorney General's Office should be promptly contacted whenever a financing, real estate, or capital project emerges at the conceptual stage. An initial meeting will be convened involving the appropriate representatives of the Attorney General's Office, the institution or center, and System Administration (if appropriate). At the initial meeting, a mixture of policy and legal issues will be examined, including: the application of State regulatory procedures (e.g. "lease-leaseback" rules); whether approvals are required from the Department of General Services, the Board of Public Works and the Board of Regents; the implications of using institution-affiliated third parties (e.g. foundations); and the use of contractually-retained bond counsel. As the proposed project takes shape, a working group will be formed and a suitable timetable will be established. Also, the Attorney General's Office will determine, based upon the nature and complexity of the project, the dimension of its involvement in the transaction and necessary negotiations. The above protocol is designed to protect the University System and the State interests in financing, real estate, and capital construction transactions. Thus, approval of documents by the Attorney General's Office for form and legal sufficiency may be predicated on adherence to this protocol. Replacement for: BOR VI-37.10 and VI-37.20