11.1 Signature Authority

SUBJECT: SIGNATURE AUTHORITY	Effective Date: 2-27-14 Amended: 2-9-15	Policy Number: 11.1
	Supersedes: Presidential Memoranda 71 & 86	Page 1 of 3
	Responsible Authority: Vice President, Legal Affairs & General Counsel

APPLICABILITY/ACCOUNTABILITY:

The purpose of this policy is to provide clear guidelines regarding the authority to sign contracts, agreements, letters of understanding, and other documents or contracts regarding legal assurances, commitments, and obligations on behalf of Florida Atlantic University and its constituent units (colleges, divisions, departments, programs, etc., collectively, the “FAU System”). This policy does not apply to signature authority on behalf of FAU direct-support organizations, foundations, alumni associations, or other related but separate entities. Signature authority for such entities shall be governed by each organization’s own signature delegations.

POLICY STATEMENT:

The University Board of Trustees’ regulations and policies provide that the President is the chief executive officer responsible for the organization, operation and administration of the FAU System. The President’s authority includes the approval and execution of all documents on behalf of the University consistent with law, Board of Governors and Board of Trustees resolutions, regulations and policies (“Applicable Legal Authorities”), and in the best interest of the University. Such documents may include contracts, agreements, letters of understanding, and other items regarding legal assurances, commitments, and obligations on behalf of the University.

The President hereby delegates to the following University officials the authority to sign certain described contracts and other documents, subject to the Applicable Legal Authorities, as follows:

All Vice Presidents are authorized to approve and execute contracts in their respective areas of supervision with financial implications not to exceed Seventy-Five Thousand Dollars ($75,000). In addition, the Vice Presidents listed in subsection 1-4 below have authority to approve and execute contracts in excess of Seventy-Five Thousand Dollars ($75,000) as follows:
1. The Vice President for Financial Affairs, or designee(s), is authorized to approve and execute all contracts within his or her area of supervision and all contracts that involve the fiscal affairs of the FAU System.
2. The Provost and Vice President for Academic Affairs, or designee(s), is authorized to approve and execute all contracts within his or her area of supervision and all contracts relating to academic affairs including, without limitation, all instructional, internship, and other educational and clinical affiliation, services, and training contracts received on behalf of the FAU System.
3. The Vice President for Research, or designee(s), including the Director of Sponsored Research, is authorized to approve and execute all contracts within his or her area of supervision including, without limitation, research contracts, solicitations and acceptances of research grants, representations and certifications incidental to research contracts and grants, agreements related to intellectual property, and use of the sponsored research exemption.
4. The Vice President for Administrative Affairs, or designee(s), is authorized to approve and execute contracts within his or her area of supervision and all contracts that involve the business and administrative operations of the FAU System, including without limitation, authorized capital outlay projects and related services.
The General Counsel, or designee, is authorized to approve and execute all contracts for legal and related services and all legal and governance compliance certifications on behalf of the FAU System.
The Athletics Director, or designee, is authorized to approve and execute all game contracts for intercollegiate athletics contests with financial implications not to exceed Seventy-Five Thousand Dollars ($75,000).
The Director of Purchasing, or designee(s), is authorized to approve and execute all contracts for the FAU System for licenses, the acquisition or provision of commodities, goods, equipment, and services, and leases of real and personal property rendered to or by the FAU System.
The Dean of the University Library, or designee(s), is authorized to approve and execute purchase orders for the acquisition of copyrighted and single source instruction materials, tapes, publications, manuscripts, films and personal library collections acquired from library resource funds.
The Assistant/Associate Vice President of Facilities, the Director/Assistant Director of Space Utilization and Analysis, and the Associate Vice President/Dean of Student Affairs are authorized to review and approve facilities use agreements for the use of University space by third parties for limited purposes and events.
University employees who are issued University purchasing cards are authorized to use those cards in accordance with the terms of the University Purchasing Card Manual.

No person, except as provided elsewhere by the Applicable Legal Authorities or as delegated by the University President herein, is authorized to enter into any agreement, obligation, program, or other legally-enforceable commitment which purports to bind the FAU System. The President’s delegations of signature authority herein shall not limit or divest the President’s right to exercise any such authority.

FAU officers, employees, volunteers, affiliates, students, or other persons who do not have signature authority pursuant to this policy or Applicable Legal Authorities and who sign contracts or other documents of agreement or commitment that purport to bind the FAU System may be held personally responsible and liable for any unauthorized signatures.

DEFINITIONS:

Contract: An agreement between two or more persons or entities that creates an obligation to do or not to do a particular thing. A contract does not require the payment of money or other compensation to create an obligation. A contract includes a “click-through” agreement on a third-party website, a memorandum of understanding, and other legally-binding obligations, regardless of their title or format.

PROCEDURES:

All signature designations authorized by this policy, whether temporary or long-term in nature, shall be in writing. A copy of such written designation shall be forwarded to the General Counsel’s Office for further retention.

All contracts must be submitted to the Office of the General Counsel for review and approval as to form and legality prior to execution by an authorized University official. Sufficient time must be allowed for the General Counsel’s office and the authorized signing authorities to review and process all contracts so that proper legal review and document execution can be accomplished prior to the commencement of contemplated activities and expiration of deadlines.

INITIATING AUTHORITY: Vice President, Legal Affairs & General Counsel

POLICY APPROVAL
(For use by the Office of the President)

Policy Number: 11.1

Initiating Authority
David L. Kian

Policies and Procedures Review Committee Chair
Elizabeth F. Rubin

President
Dr. John Kelly

Executed signature pages are available in the Initiating Authority Office