DRAFT
This page provides guidance for MOUs/MOAs/Contracts: between external entities and the University of South Florida for which the USF President has delegated signatory authority to the Provost & Executive Vice President pursuant to USF policy 0-100. The contents of this page are designed to provide direction for drafting and reviewing of such agreements prior to seeking the Provost's signature. The Office of the Provost & Executive Vice President for Academic Affairs electronically stores the fully executed MOUs/MOAs/Contracts that have been signed by the Provost. Further information about the delegation of Presidential signatory authority can be found in USF policy 0-100.
INCLUDED in the SIGNATORY AUTHORITY of the Provost & Executive Vice President
Per delegated signatory authority, the Provost & Executive Vice President is authorized by the President to sign the following types of MOUs/MOAs/Contracts:
- Contracts with outside agencies/entities initiated by units within Academic Affairs. Such Contracts include:
- Contracts regarding academic programs;
- Contracts with credit bearing implications;
- Student internship and practicum agreements; (Note: Signatory authority is further delegated to College Deans ONLY if there is no financial commitment on the part of USF for a student internship or practicum agreement).
- International internship agreements and programs; (Note: Adriana Morales will facilitate obtaining signatures for all international agreements. Signatory authority for more general types of international agreements has been delegated from the Provost & Executive Vice President to the Vice President of USF World. Please contact Adriana Morales prior to proceeding with any international agreement.)
- Fellowship agreements;
- Faculty support agreements;
- Educational outreach agreements (continuing education/distance learning);
- Memoranda of understanding, cooperation, and/or affiliation agreements; (Note: Dual Enrollment Agreements are further delegated from the Provost. See Delegations of Authority for further information.)
- Contracts regarding the Student Governments Association and the Department of Student Success; (Note: Signatory authority is further delegated from the Provost. See Delegations of Authority for further information.)
- Contracts for license agreements, including licensing with governmental agencies for the use of University property;
- Contracts for Marshall Student Center use; (Note: Signatory authority is further delegated from the Provost. See Delegations of Authority for further information.)
- Contracts relating to the customary business transactions of the Institute for Research in Art: Contemporary Art Museum/Graphicstudio, which includes agreements for loan of artworks to museums and cultural institutions, incoming and outgoing traveling exhibitions, power of attorney for agents or brokers handling import/export and shipping of artworks (declared shipper), agreements with artists for commissions and production of artworks such as distribution of art editions published by Graphicstudio and consignment agreements with commercial galleries for Graphicstudio editions. (Note: Signatory authority for these are further delegated from the Provost. See Delegations of Authority for further information.)
- Fee waiver authority regarding student associated fees in accordance with USF and BOG Regulations and Policies. Please see the Delegations of Presidential Authority for determination of the appropriate signatory authority for MOUs/MOAs/Contracts not lNCLUDED in the list above.
EXCLUDED
- Please see the Delegations of Authority for determination of the appropriate signatory authority for MOUs/MOAs/Contracts not INCLUDED in the list above
- Note that Agreements between two units within the University of South Florida are not legally binding and thus do not require the signature of the Provost & Executive Vice President.
- Agreements between two (or more) units within USF should be referred to as "Intra-University Operating Agreements
- Guidelines for the elements to be included in an Intra-University Operating Agreement can be found here https://usf.app.box.com/file/570423546543
All MOUs/MOAs/Contracts with external entities must be reviewed and approved for legal sufficiency by the USF Office of the General Counsel.
Based on the Type of MOU/MOA/Contract as specified in Items 1a-l and 2 above, the Provost & Executive Vice President requires review by one or more responsible parties/subject matter experts for determination of the clarity, accuracy, and feasibility of the agreement as well as for the minimization of any risk to the the University. To facilitate the process of review based on the type of MOU/MOA/Contract the following Contact information is provided. Please secure the appropriate signatures prior to sending the finalized MOU/MOA/Contract containing General Counsel's stamp to the Office of the Provost.
Obtain signatures as applicable | |||
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Responsible Party/Subject Matter Expert | Contact | Guidelines | |
1 | College Dean/ Other | Varies | |
2 | UGS Dean/GRS Dean | Allison Crume (UGS) / Dwayne Smith (GRS) | Any MOU/MOA/Contract with curricular implications, other than standard internship/practicum agreements, will need review by the Undergraduate Studies and/or Graduate Studies. |
3 | Office of Institutional Effectiveness | Michael Wrona | Any MOU/MOA/Contract with credit-bearing implications other than internship/practicum agreements, will need review by the Office of Institutional Effectiveness. |
4 | Innovative Education | Cindy DeLuca | Any MOU/MOA/Contract that involves online education, cost-recovery funding models, market-rate funding, continuing education activities, both credit and non-credit bearing, and any academic or internship/practicum agreements with out-of-state entities within the United States must be reviewed by Innovative Education. |
5 | Resource Management & Analysis (RMA)/ Finance Official | Nick Setteducato / Masha Galchenko | Any MOU/MOA/Contract that includes a financial business model must be reviewed through RFM. |
6 | Controller's Office | Jennifer Condon | Signature for the Controller's Office is needed for Auxiliary agreements. |
7 | Research & Innovation | Keith Anderson | |
8 | a) USF World | Adriana Morales will facilitate obtaining signatures for all international agreements. Signatory authority for more general types of international agreements has been delegated from the Provost & Executive Vice President to the Vice President of USF World. Please Adriana Morales prior to proceeding with any international agreement. Any MOU/MOA/Contract with international entities or implications must begin the process of consultation and review with USF World, as well through collaboration with the Office of the Vice Provost for Strategic Planning, Performance & Accountability. USF World has developed a thorough and thoughtful process for the development of International Agreements. Please see: | |
b) Restricted Party Screening Review | Adriana Morales will facilitate obtaining signatures for all international agreements. Signatory authority for more general types of international agreements has been delegated from the Provost & Executive Vice President to the Vice President of USF World. Please Adriana Morales prior to proceeding with any international agreement. A mandatory step in any international agreement is the completion of a Restricted Party Screening Review which USF World is authorized to complete. The United States government and its export regulations restrict or prohibit U.S. individuals and companies from exporting or providing services of any kind to any party contained in U.S. government export denial, debarment, and blocked persons lists. These lists are updated on a regular basis. A restricted party screening involves a review of these lists to ensure that the person or entity with whom you are interacting is not on one of these lists | ||
9 | Regional Chancellor | Varies | |
10 | Other | Varies | |
11 | Other | Varies | |
12 | General Counsel | See stamp | Office of the General Counsel must review all agreements. No agreement will go forward to the Provost without approval by General Counsel. Signature for General Counsel will be obtained via stamp prior to DocuSign routing. |
13 | Vice Provost Strategic Planning, Performance, & Accountability | Theresa Chisolm | Signatures for Vice Provost and Provost will be obtained by Jonna DeSantis. This is the final step for all MOU/MOA/Contracts prior to the review and signature by the Provost & Executive Vice President on behalf of the USF Board of Trustees and as delegated by the USF President. |
STEP 1 | Determine if the MOU/MOA/Contract is within the Signatory Authority of the Provost & Executive Vice President. USF employees must not sign contracts and other documents of agreement or commitment on behalf of USF unless they have been expressly delegated the authority to do so. |
STEP 2 | Determine if there is an existing MOU/MOA/Contract. |
STEP 3 | Develop an MOU/MOA/Contract. |
STEP 4 | It is the responsibility of the initiator to ensure the MOU/MOA/Contract has been reviewed by all parties who will need to DocuSign (see matrix) prior to General Counsel review. |
STEP 5 | Email the MOU/MOA/Contract with finalized business, academic, and data access terms as a .doc or .pdf to the Office of General Counsel (OGC) to be reviewed and stamped for legal form and sufficiency.
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STEP 6 | Complete the Academic Affairs MOU/MOA/Contract Signature Form. |
STEP 7a | Route the Academic Affairs MOU/MOA/Contract Signature Form via DocuSign to appropriate parties. Refer to the matrix above to determine required signatures. Note: Do not include the Vice Provost in the DocuSign at this time. |
STEP 7b | Cc: Jonna DeSantis in DocuSign |
STEP 8 | Receive email with copy of MOU/MOA/Contract signed by the Provost from Jonna DeSantis. |
STEP 9 | Proceed with execution of MOU/MOA/Contract with external entities. |
STEP 10 | Provide final executed copy of MOU/MOA/Contract to Jonna DeSantis. |