01.01 We at Texas State are committed to providing sound financial stewardship through accounting, budgeting, monetary management systems, and fundraising activities that maximize the institution's fiscal posture. These procedures contribute to the implementation of this policy.
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 and each vice president, except for certain construction and service contracts requiring Board approval. (Refer to UPPS No. 03.04.04) 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 also establishes policy for committing Texas State to partnerships/alliances with external constituents, regardless of whether the agreement is written or verbal. Policy regarding interagency cooperation contracts with other state agencies can be found in UPPS No. 05.02.01.
01.04 This UPPS does not apply to partnerships/alliances under which university employees and/or students, as representatives of the University, are providing volunteer services outside their regular duties and/or academic coursework.
02.01 Partnerships/alliances include arrangements under which university employees and/or students, acting as representatives of the University, collaborate on a project or endeavor which involves a commitment of university financial resources and/or employee time. Examples include: cooperative agreements with school districts, affiliation agreements for student clinical/internship experiences, and referral agreements for student medical services.
02.02 Employee time includes work time, leave time, and faculty assigned time.
02.03 Financial resources include all assets of the university, regardless of the source of funds.
03.01 The President or vice president 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 (1) the person to whom authority is delegated and (2) 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 or vice president may revoke delegated authority at any time by giving written notice of revocation to the person with delegated authority and the University Attorney. If the person with delegated authority is no longer employed at the University, notice of revocation need be given only to the University Attorney.
03.04 Contracting authority may be delegated only to regular employees in positions of dean/director and above.
03.05 The Director of Grants and Contracts Administration has delegated signature authority for contract/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 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.
04.01 Faculty, staff, and administrators are encouraged to develop cooperative partnerships and alliances with external constituents (e. g., volunteer efforts, settings for external student learning, collaborative efforts to address community needs).
04.02 All such partnerships and alliances must be in the best interest of the University and are subject to review and approval by the supervisor of the employee proposing such efforts.
a. University employees are responsible for assuring that their supervisors are informed of proposed commitments to be made on behalf of the University for partnerships and/or alliances prior to the inception of such commitments.
b. Supervisory approval is required for all levels at which resources are to be committed. Thus, a commitment of only departmental resources requires approval of the department chair, a commitment of college resources requires approval of the dean, and so forth. President’s Cabinet approval of a Strategic Plan Initiative (SPI) request is required for commitments of institution-level resources.
04.03 Managers are responsible for determining whether a proposed partnership/alliance requires a written agreement. Factors that should be considered in determining the need for a written agreement include, but are not limited to:
a. The nature and size of the resource commitment being made by the University. The greater the commitment, the more likely that a written agreement should be made.
b. The length of time that the partnership/alliance will continue. The longer the expected life of the commitment, the more likely that a written agreement should be made.
c. The potential for misunderstanding among the parties to the agreement. The more complex the agreement, the more likely that a written agreement should be made.
d. There must be a written agreement for all partnerships/alliances with any of the following elements:
1) a term of more than twelve (12) 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/alliance.
04.04 All partnerships/alliances involving written contracts or memos of understanding must be forwarded through the appropriate dean/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 (see Section 03.01).
04.05 Individuals who anticipate that the same general type of agreement will be needed for similar partnerships/alliances with multiple external entities should work with their supervisors and the University Attorney to develop a standard contract (e. g., standard contract for internship placements for the Department of Curriculum and Instruction, standard contract for clinical placements for the College of Health Professions, etc.) Standard contracts may be implemented by authorized officials through a streamlined review process requiring University Attorney approval only of modifications to the standard contract conditions.
04.06 The University Attorney will maintain the annual list of approved partnership/alliance contracts in effect. Upon request, this list will be provided to each vice president. The University Attorney will determine which partnership/alliance contract must be on file in his/her office, with the deadline for such filings to be not later than October 15 of each fiscal year.
05.01 Reviewers of this UPPS include the following:
Position Date Mr. William Nance, Vice President for
Finance and Support ServicesDecember 1 E6Y Mr. William L. Fly, University Attorney December 1 E6Y
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.
Mr. William Nance, Vice President for Finance and Support Services; senior reviewer of this UPPS
Dr. Denise M. Trauth, President