Effective November 1, 2009
The Drew University Contracting Authority Policy is established to identify clearly which University personnel have the authority to sign agreements and commit the University to a contractual obligation. This policy applies to all University employees, employees of contractors working at the University, subcontractors, alumni, students and any other individuals involved in University business. The Contracting Authority Policy is not affected by the source of the funds involved.
A contract is defined as a legally enforceable agreement between two or more capable parties to do or refrain from doing some particular activity. A contract may be verbal or written, but it must include mutual obligations and the promised exchange of something of value. A business organization, such as Drew University, may authorize certain officers or employees to be its agents who have the authority to contractually bind the organization. It is the purpose of this policy to define which officers and employees of the University have the authority to act as agents for the University.
Individuals specifically identified in this document as agents for the University are authorized to enter into contracts on behalf of the University. No other person may obligate the University, in writing or verbally, to any contract, agreement, purchase order, memorandum of understanding, promise or any other potentially binding arrangement. Unauthorized employees, or others unlawfully making commitments in the name of Drew University, shall be held personally liable for any costs or consequences resulting from their actions.
Financial And Legal Provisions
Those authorized to sign agreements on behalf of the University are expected to consult with the Vice President of Finance and Administration concerning financial provisions and the Director of Legal Affairs concerning legal provisions. The consultation should be through a memo or email and should allow time for review.
The Board of Trustees designates the President, the Provost and the Vice Presidents as having signature authority for the University’s contracts. As such, these individuals are authorized to sign contracts on behalf of Drew University.
The University has identified certain University employees to act as agents for the University. These employees may commit the University to contractual obligations as specifically described below. This delegation does not supersede the review of purchases over $1,000 by the Provost and Vice Presidents.
- Purchase of Goods and Services – Purchase Orders may be signed by the Director of Purchasing or the Assistant Director of Purchasing. Purchase Requisitions must be signed by the appropriate budget manager as well as the Department Head or Dean. A Purchase Requisition valued over $1,000 must be signed by the Provost, Vice President or Chief Communications Officer. The signature of the Vice President for Finance and Administration is required for any purchase valued over $50,000. Investments – The University Treasurer and the Vice President for Finance and Administration may sign all contracts pertaining to financial investments and the issuance of debt.
- Facilities Use Contracts including Campus Conference Agreements – The Vice President for Finance and Administration and the Director of Housing, Conferences and Hospitality are authorized to sign contracts for use of campus facilities by outside parties.
(Please note that any agreement for use of University facilities, including meeting rooms, classrooms, performance venues, athletic facilities, dining facilities, outdoor areas or special use facilities, whether involving internal or external clients, must be approved by the Office of Housing, Conferences and Hospitality prior to any promise to potential clients.)
- Off-campus lodging and Meeting Space – The Department Director responsible for the event may sign agreements up to $5,000. The appropriate Vice President or Provost must sign when cost is above $5,000.
- Athletic Event Scheduling – Director of Athletics
- Work-Study Program Agreements – Director of Financial Aid
- Financial Aid Agreements with Students or Agencies – Director of Financial Aid
- Speakers, Musical or Other Entertainment Contracts for Student Events – Dean of Campus Life and Student Affairs and the Associate Deans of Campus Life and Student Affairs.
- Speakers, Musical or Other Performers for Non-Student Events – Appropriate Vice President
- Off-Campus Programs – Appropriate Dean
- Software License Agreements – Assistant Vice President for Information Technology
- Agreements for Legal Counsel – Vice President for Finance and Administration
- Pledge and Gift Agreements – Vice President for Development and Alumni/ae Relations
- Grant Agreements – Vice President for Development and Alumni/ae Relations or Director of Corporate, Foundation and Government Relations