1.1.3 Institutional Signature Authority for Agreements

I. SCOPE

This policy defines the general process by which an agreement involving the Board of Regents of the University System of Georgia (“BOR”) by and on behalf of Middle Georgia State University (“University”) might be  appropriately signed by an authorized University official.

Agreements must satisfy three basic criteria to be approved by an authorized University official:

  • The agreement must be appropriate to the mission and operation of the University.
  • The funds and other resources must be available to carry out the obligations of the agreement.
  • The terms of the agreement must comply with BOR and University regulations, and applicable local, state, and federal laws.

II. DEFINITIONS

A “University Agreement” is defined as an agreement between two (2) or more parties, one of which is the University or any of its subunits/affiliated organizations (i.e. Foundation, Athletic Association, Research Foundation, Alumni Association, etc.), intended to have legal effect or be otherwise recognized at law. There must be a common understanding among the parties as to the essential terms, the mutual obligations, and the existence of valid and sufficient “legal consideration,” meaning that something of value is exchanged between the parties. Examples of University agreements include, among others:

  • Agreements to buy, sell, or rent goods;
  • Agreements to provide, obtain, or rent services;
  • Volunteer agreements;
  • Memoranda of Understanding or Cooperation with government agencies and other organizations for the accomplishment of particular purposes;
  • Grants and subgrants awarded by government agencies and private organizations;
  • Affiliation/clinical agreements;
  • Leases of movable property, such as tools, equipment, vehicles, etc.
  • Leases, deeds, and other conveyances affecting interests in real property;
  • Employment agreements;
  • Waivers and releases;
  • Nondisclosure agreements;
  • Material transfer agreements;
  • Student or faculty exchange agreements; and
  • Software license agreements.

III. POLICY STATEMENT

All University Agreements  must be signed by an authorized University official. The University complies with BOR Policy 7.7: Purchasing and Contracting Regulations. Section 7.7 reads:

Except for the contracts for which authority is reserved by the Board or designated to the Chancellor by this Policy Manual, all contracts necessary for the daily operations of each USG institution and all contracts for goods and services not regulated by DOAS may be executed by the head of each institution or his or her designee.

Accordingly, t President or his designee may sign all contracts necessary for the daily operations of the University and all contracts for goods and services not regulated by DOAS. The President has delegated signature authority to the Provost for the execution of all University Agreements that requires the delivery of academic resources including, but not limited to: Articulation Agreements, Cooperative Academic Arrangements, Dual Enrollment Agreements, Experiential Learning Agreements such as Student Teaching/Clinical Agreements.

The President has delegated signature authority to the Vice President of Finance and Operations for the execution of all University Agreements, whether academic or administrative in nature, obligating the University to provision of human resources, use of University facilities, expenditures or use of revenues.

Contracts and agreements that are not signed by  authorized University officials are void and otherwise invalid. Failure to follow University policies and procedures regarding signature authority may result in disciplinary action.

IV. Exclusions

None

V. MGA Procedures Associated with this Policy

None

VI. MGA Forms Associated with this Policy

N/A