Contracting Authority to Commit
the University UPPS No.
03.04.02
Issue
No. 4
Effective
Date: 02/20/2009
Review:
December 1E6Y
01.
POLICY STATEMENTS
01.01 This UPPS identifies persons who may sign
contracts on behalf of the university. This
UPPS also establishes policy for committing the university to partnerships or
alliances with external entities, regardless of whether the commitment is
written or oral. UPPS No. 05.02.01,
Interagency Cooperation Contracts, contains policy regarding the interagency
cooperation contacts with other state agencies.
01.02 Authorized officials who may act as an agent
of Texas State to enter into a contract on behalf of the university include the
President, the Special Assistant to the President, each vice president, and
Director of Athletics, except for certain contracts requiring Board approval.
(Refer to UPPS No. 03.04.04, Approval
of Contracts). Account managers may
contract for certain professional services, in accordance with UPPS No. 03.04.01,
Contracted Services, Including Consultants, Speakers, and Other Services.
01.03 This UPPS does not apply to partnerships or
alliances under which university employees or students, as representatives of
the University, provide volunteer services outside their regular duties or
academic coursework.
02. DEFINITIONS
02.01 “Partnerships or alliances” mean arrangements
under which university employees or students, acting as representatives of the
university, collaborate on a project or endeavor that involves a commitment of
university financial resources or employee time. Examples include:
cooperative agreements with school districts, affiliation agreements for
student clinical or internship experiences, and referral agreements for student
medical services.
02.02 “Employee time” means work time, leave time,
and faculty assigned time.
02.03 “Financial resources” mean all assets of the
university, regardless of the source of funds.
03. PROCEDURES
FOR DELEGATING AUTHORITY
03.01 The President, vice presidents, or Director of
Athletics may delegate authority to sign specific contracts, or specific types
of contracts, to certain regular employees. However, before such
delegation is valid, it must be written and approved by the person to whom
authority is delegated and the University Attorney.
03.02 The written request for delegated contracting
authority must:
a. identify the person to whom authority is
delegated;
b. identify the contracts or types of contracts
the person may sign;
c. specify the length of time for which the
delegation is valid, with the understanding that the delegation may continue
indefinitely until revoked;
d. specify any conditions or special
instructions associated with the delegation; and
e. include signatures of both the person
accepting the delegation and the person delegating the authority.
03.03 The President, vice presidents, or Director of
Athletics may revoke delegated authority at any time by giving written notice
of revocation to the delegated person and the University Attorney. If the
delegated person is no longer employed at the university, notice of revocation
will be given only to the University Attorney.
03.04 The university can delegate contracting
authority only to deans or directors and above.
03.05 The Director of the Office of Sponsored
Programs has delegated signature authority for contract and grant agreements
related to research, training, or public service for amounts less than
$250,000.
03.06 The University Attorney will keep a list of
persons to whom authority to sign contracts is currently delegated. The
University Attorney will provide the list to each vice president and the
Director of Athletics upon request. In addition, every August the
University Attorney will send the list to each member of the President's
Cabinet for review.
03.07 A contract signed by an unauthorized person is
not binding on the university. A person who signs without proper
authorization may be personally liable for any damages incurred by the
university or the state.
04. PROCEDURES
FOR PARTNERSHIPS OR ALLIANCES
04.01 The university encourages faculty, staff, and
administrators to develop cooperative partnerships and alliances with external
constituents (for example, volunteer efforts, settings for external student
learning, collaborative efforts to address community needs).
04.02 Such partnerships and alliances generally
advance the best interest of the university; however, the supervisor of the
employee proposing such efforts must approve them.
a. University employees must inform their
supervisors of proposed commitments before the commitments’ inceptions.
b. A commitment of only departmental resources
requires approval of the department chair or school director, a commitment of
college resources requires approval of the dean, and so forth. Commitments
of institution-level resources require President’s Cabinet approval of a
Strategic Plan Initiative (SPI).
04.03 Managers will determine whether a proposed
partnership or alliance requires a written agreement. In making this determination
managers should consider:
a. The nature and size of the university’s
resource commitment. The greater the commitment, the more likely the manager
will use a written agreement.
b. The length of time that the partnership or
alliance will continue. The longer the commitment, the more likely the manager
will use a written agreement.
c. The potential for misunderstanding among the
parties to the agreement. The more complex the agreement, the more likely
the manager will use a written agreement.
d. Partnerships or alliances with any of the
following elements require a written agreement:
1) a term of more than twelve months; or
2) commitment of university resources in an
amount greater than $5,000; or
3) the use, lease, sale, or purchase of real
estate by either the university or other parties to the partnership or
alliance.
04.04 Managers must forward partnerships or
alliances involving written contracts or memos of understanding through the
appropriate dean or director and vice president to the University Attorney who
will review the document. Upon review and approval of the contract, the
University Attorney will forward the document to the appropriate office for
signature on behalf of the university.
04.05 Individuals who anticipate using the same
general agreement type for similar partnerships or alliances should work with
their supervisors and the University Attorney to develop a standard contract.
This streamlines the contract review process, requiring the University Attorney
approve only modifications to the standard contract.
05. REVIEWERS
OF THIS UPPS
05.01 Reviewers of this UPPS include the following:
Position Date
Vice President for Finance and December 1 E6Y
and Support Services
University
Attorney December
1 E6Y
06. CERTIFICATION
STATEMENT
This UPPS has been approved by the
following individuals in their official capacities and represents Texas State
policy and procedure from the date of this document until superseded.
Vice President for Finance and
Support Services; senior reviewer of this UPPS
President