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 | |||
---|---|---|---|
Responsible Party/Subject Matter Expert | Contact | Guidelines | |
1 | College Dean/ Other | Varies | College Dean or Other Unit Administrator should review any MOU/MOA/Contract that makes involves personnel and/or financial commitments being made as a part of the agreement. |
2 | UGS Dean/Graduate Studies Dean | Allison Crume (UGS) / Dwayne Smith (GRS) | Any MOU/MOA/Contract with curricular implications, including articulation agreements, should be reviewed by the UGS Dean if it involves undergraduate education and/or the Graduate School Dean if involves graduate education. The exception is standard internship and/or practicum agreements which can be signed by Deans and standard Dual Enrollment agreements which are delegated. |
3 | SACSCOC | Michael Wrona | Any MOU/MOA/Contract with credit-bearing implications should be reviewed USF's SACSCOC liaison for compliance and to determine if notification of the activity must be made to SACSCOC. The exceptions are standard internship and/or practicum agreements and standard Dual Enrollment agreements. |
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. See USF Policy https://usf.app.box.com/v/usfpolicy10-042 for definitions of continuing education activities. |
5 | Resource Management & Analysis (RMA)/ Finance Officers | Masha Galchenko/Nick Setteducato (SP)/ Eddie Beauchamp (SM) | Any MOU/MOA/Contract that includes a financial business model must be reviewed through RMA. If branch campus funding commitments are made as a part of the agreement, the appropriate Finance Officer should review. Any agreements that will require a Fee Waiver request from the Provost & Executive Vice President must be reviewed by USF's Chief Financial Officer. |
6 | Controller's Office | Jennifer Condon | Signature for the Controller's Office is needed for any MOU/MOA/Contract in which funds will flow through an EBA. |
7 | Research & Innovation | Keith Anderson | Any MOU/MOA/Contract that involves language about Intellectual Property or deliverables should be reviewed by Research & Innovation to confirm that the activity is within the scope of the Provost's |
8 | a) USF World | Adriana Morales will facilitate obtaining signatures for all international agreements. | 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. |
b) Restricted Party Screening Review | Adriana Morales will facilitate obtaining signatures for all international agreements. | The U.S. 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. USF World is authorized to complete the Restricted Party Screening Review. | |
9 | Regional Chancellor | Martin Tadlock (SP campus) or Karen Holbrook (SM campus) | Any MOU/MOA/Contract that commits branch campus funding, personnel and/or other branch campus assets must be reviewed by the Regional Chancellor. |
10 | Information Governance | Student Directory Data: Catherine Mund Other Student Data or Faculty Data: Valeria Garcia Alumni Data: Bill McCausland | USF has established an Information Governance program to ensure the appropriate management and use of its data (https://www.usf.edu/ods/governance/index.aspx). Release of Student Directory data must keep within FERPA regulations is under the auspices of Office of the Registrar (https://www.usf.edu/registrar/services/privacy.aspx). Release of other student data, faculty data and alumni data are governed by USF's External Data Policy (https://usf.app.box.com/v/usfpolicy11-007). |
11 | Other | Varies dependent on content of agreement | Consider which units would be involved in any agreement and add in as needed. For example, if the MOU/MOA/Contract involved a health facility, the Senior Vice President for USF Health or designee would review. If their were implications for fundraising, the USF Foundation would review. If it involves surveying of students, the appropriate Student Success personnel would review. If you have questions please contact Dr. Terry Chisolm for consultation. |
12 | General Counsel | Varies. All MOUs/MOAs/Contracts submitted to the Office of the Provost for signature must be stamped by General Counsel. | Office of the General Counsel must review all agreements. No agreement will go forward to the Provost & Executive Vice President without approval by General Counsel. |
13 | Vice Provost for Strategic Planning, Performance & Accountability. | Dr. Terry Chisolm | The Vice Provost conducts the final review prior to submission to the obtaining the signature of the Provost & Executive Vice President. Signatures for Vice Provost and Provost will be obtained by Jonna DeSantis and the signed MOU/MOA/Contract will be forwarded to you. |
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 | Considerations for developing 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.
|
STEP 6 | Complete the Academic Affairs MOU/MOA/Contract Signature Form. |
STEP 7 | Route the Academic Affairs MOU/MOA/Contract Signature Form via DocuSign to appropriate parties. Refer to the matrix above to determine required signatures. Note: Please copy Jonna DeSantis in DocuSign and do not include the Vice Provost in the DocuSign at this time. |
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/Contractto Jonna DeSantis. |