08-03.01 鈥� Contract Execution Policy

  1. Policy Statement:

    The President has authority to enter into Contracts or Agreements on behalf of Towson University (鈥淯niversity鈥�) and may delegate this authority as appropriate.1 In each case, where authority is delegated, so too is the custodial responsibility for the respective agreements; all agreements must be maintained in the respective office for filing and safekeeping in accordance with University retention standards and guidance. All contractual commitments may be subject to review by the Office of the General Counsel. All signature authority delegated by the President to the Executive Vice President and Vice Presidents shall be delegated in accordance with this Policy and the specific limitations contained herein.  Any further signature delegation authority shall be subject to specific limitations and memorialized in writing. Contracts for which signatory authority has not been specifically delegated by this policy may only be executed by the President or President鈥檚 designee. The President shall be notified/consulted and provide approval for (a) payment obligations in the aggregate of $500,000 or more for any Contract (excepting Procurements), (b) those Contracts which require USM Board of Regents and/or Board of Public Works review and/or approval.

  2. Definitions:

    鈥淐ontract鈥� or 鈥淎greement鈥� as used herein shall mean a contract, agreement, memorandum of understanding, letter of agreement, letter of understanding, and/or any other document which memorializes an understanding or agreement between Towson University and a third party or binds Towson University to obligations.

    鈥淧rocurement Policies and Procedures鈥� as used herein shall mean USM Policy VIII-3.00, Procurement Policies and Procedures and 快活视频Policy 08-03.00, Procurement Policy.

  3. Responsible Executive and Office:

    Responsible Executive: Vice President for Administration & Finance and Chief Fiscal Officer

    Responsible Office: Division of Administration and Finance

  4. Entities Affected by this Policy:

    All divisions, colleges, departments and operating units.

  5. Procedures:

    1. Delegated Authority

      1. The Provost is delegated authority by the President to enter into the following Agreements within the scope of the duties of the Provost on behalf of the University which do not fall within the scope of Procurement Policies and Procedures. These Agreements include: 

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from Procurement Policies and Procedures;

        2. Business and hosted gatherings and events on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Faculty employment Contracts;

        5. Cultural events, including exhibitions or displays on University property;

        6. Protection and administration of intellectual property rights, excluding University name, logo, and trademarks;

        7. Contracts for academic programs and related or affiliated operations located or implemented out of the United States;

        8. Contracts for the purchase, use, or development of curricular materials (all purchases involving software must also be reviewed by the Office of Technology Services);

        9. Graduate student placement Agreements;

        10. Affiliation Agreements;

        11. Contracts under which the University (other than SPAR, as defined herein) delivers services, or licenses (e.g., intellectual property) related to academic endeavors;

        12. Contracts for Fellowships and/or Assistantships; and

        13. Research Agreements, including Grants, Contracts, Material Transfer Agreements, Nondisclosure and Confidentiality Agreements.

      2. The Vice President for Administration and Finance and Chief Fiscal Officer is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for Administration and Finance and Chief Fiscal Officer. These Agreements include: 

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from Procurement Policies and Procedures; 

        2. Business and hosted gatherings and events held on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures; 

        4. Acquisitions, dispositions, and leases of real estate, pursuant to and as defined in USM Policy VIII-4.00, Policy on Acquisition and Disposition of Real Property;

        5. Acquisition of goods or services by the University;

        6. Contract modifications and change orders to fixed price Contracts;

        7. Revenue generating Contracts, except as otherwise delegated by this policy;

        8. Agreements creating contractual employee relationships for employees other than faculty and athletic coaches鈥� Contracts;

        9. Contracts for lease or license of University facilities to external parties;

        10. Service Contracts related to programming or entertainment for events held on the University campus and which are unrelated to events sponsored by the University鈥檚 Student Government Association;

        11. Trademark registration and licensing;

        12. Contracts with third party tuition payers;

        13. In-kind contributions;

        14. Licenses to use (e.g., parking facilities); and

        15. Stocks, bonds, etc.

      3. The Vice President for University Advancement is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for University Advancement and which do not fall within the scope of Procurement Policies and Procedures. These Agreements include:

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        2. Business and hosted gatherings and events on University property;

        3. In-kind contributions;

        4. Non-cash gifts of stocks, bonds (e.g., bequeathed stocks); 

        5. Sponsorship Agreements for university events and external events promoting the university, as long as these Contracts are exempt from the Procurement Policies and Procedures; 

        6. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures; and

        7. Gifts.

      4. The Vice President for Student Affairs is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for Student Affairs which do not fall within the scope of Procurement Policies and Procedures. These Agreements include:

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        2. Business and hosted gatherings and events on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Acquisition of goods or services specific to the operation of Student Affairs services, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        5. Event Contracts sponsored by Student Affairs or by the Student Government Association;

        6. Contracts with publishing companies for items such as the Collegiate Readership Program, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        7. Visitor Letter of Invitation/Acceptance of Honorarium (these Contracts are required to be reviewed by Procurement);

        8. Independent Contractor or Consultant Agreements, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        9. Licenses to use University facilities facilitated by Events and Conference Services;

        10. Resident Assistant Employment Contracts, as long as Human Resources does not handle Contracts for student employees; and

        11. Federal Work Study Community Service Employer Agreement (Career Center).

      5. The Vice President for the Division of Strategic Partnerships & Applied Research (SPAR) is delegated authority by the President to enter into the following Agreements within the scope of the duties of the Vice President for SPAR on behalf of the University which do not fall within the scope of Procurement Policies and Procedures. These Agreements include:

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures; 

        2. Business and hosted gatherings and events on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Division of Strategic Partnerships & Applied Research (SPAR) Contracts where the University is not providing matching funds other than those from SPAR;

        5. Agreements involving services provided by SPAR and its subunits, including any amounts paid to subcontractors;

        6. Agreements creating contractual employee relationships for employees of SPAR;

        7. Contracts for fellowships and/or assistantships granted by SPAR; and

        8. Independent Contractor or Consultant Agreements, as long as these Contracts are exempt from the Procurement Policies and Procedures.

      6. The Director of Athletics is delegated authority by the President to enter into the following Agreements within the scope of the duties of the Director of Athletics on behalf of the University which do not fall within the scope of Procurement Policies and Procedures. These Agreements include: 

        1. Contracts for off campus venues/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        2. Business and hosted gatherings and events on University property; 

        3. Agreements relating to intercollegiate athletic competitions where the University is competing;

        4. Sponsorships in athletic tournaments or other athletic events where the University is competing and which do not require the expenditure of University funds;

        5. Special athletic events, excluding Contracts for athletic facilities;

        6. Promotions of athletic events that do not involve the expenditure of University funds;

        7. Agreements for the provision of community support to the athletic program that do not involve the expenditure of University funds;

        8. Sponsorship Agreements for athletics and athletic events; signage Agreements in athletic venues; 

        9. Contracts for use of external facilities for practice and competition, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        10. Annual employment Contracts with coaches, subject to review by Human Resources and/or the Office of the General Counsel; and

        11. Media Contracts for broadcast of the University athletics, as long as these Contracts are exempt from the Procurement Policies and Procedures.

      7. The Vice President for University Marketing and Communications is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for University Marketing and Communications which do not fall within the scope of Procurement Policies and Procedures. These Agreements include:

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        2. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures; 

        3. Acquisitions of services of product promotion vendors, writers, photographers, and/or videographers, to the extent they are not within the scope of procurement;

        4. Protection and administration of intellectual property rights in University name, logo and trademarks; and

        5. Advertising and/or sponsorships, to the extent they are not within the scope of procurement.

      8. The Vice President for Legal Affairs and General Counsel is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for Legal Affairs and General Counsel and which do not fall within the scope of Procurement Policies and Procedures. These agreements include:

        1. Contracts for off campus venues/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        2. Business and hosted gatherings and events on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Agreements creating, terminating, or otherwise relating to employment, including settlement agreements with governmental agencies such as the Equal Employment Opportunity Commission; and

        5. Contracts for programs and/or contractors which are not procurements as defined in the Procurement Policies and Procedures.

      9. The Vice President of Inclusion and Institutional Equity is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President of Inclusion and Institutional Equity which do not fall within the scope of Procurement Policies and Procedures. These Agreements include: 

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures;

        2. Business and hosted gatherings and events on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Settlement Agreements with the Department of Education, Office of Civil Rights;

        5. Agreements for programs and/or contractors which are not procurements as defined in the Procurement Policies and Procedures.

      10. The Vice President for Operations is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for Operations. These Agreements include: 

        1. Contracts for off campus venue/catering, as long as these Contracts are exempt from Procurement Policies and Procedures;

        2. Business and hosted gatherings and events held on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Agreements creating contractual employee relationships for employees within areas under the purview of the Vice President for Operations; and

        5. Agreements for programs and/or contractors associated with operation of the University, including auxiliary services and facilities, which are not procurements as defined in the Procurement Policies and Procedures.

      11. The Chief Human Resources Officer is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Chief Human Resources Officer. These Agreements include:

        1. Offers of employment, letters/notification of appointment, and letters/notifications of termination of employment;

        2. Administrative leave letters pursuant to USM Policy VII-7.20;

        3. Letters/notifications of reassignment pursuant to USM Policy VII-9.51; and

        4. Contracts for temporary staffing services pursuant to 快活视频Policy
          07-11.00 鈥� Requesting Temporary Personnel which are not subject to USM Procurement Policies and Procedures.

      12. The Vice President for Enrollment Management is delegated authority by the President to enter into the following Agreements on behalf of the University within the scope of the duties of the Vice President for Enrollment Management. These Agreements include:

        1.  Contracts for off campus venue/catering, as long as these Contracts are exempt from the Procurement Policies and Procedures; 

        2. Business and hosted gatherings and events on University property;

        3. Collaborative Agreements, as defined in the Procurement Policies and Procedures, which support the mission of the University and are not procurements, being expressly excluded from Procurement Policies and Procedures;

        4. Agreements for programs which are not procurements as defined in the Procurement Policies and Procedures; 

        5. Undergraduate and/or Graduate Program Articulation Agreements; and

        6. Domestic and International Memoranda of Understanding and Agreements between academic institutions which support the mission of the University and which are not procurements as defined in the Procurement Policies and Procedures.

    2. Review by the Office of the General Counsel

      1. All University Contracts shall be approved for form and legal sufficiency by the Office of the General Counsel before they are executed.  However, such approval shall not be required (a) with respect to Contracts administered by Procurement and subject to the USM Procurement Policies and Procedures, (b) for individual Contracts or extensions or renewals thereof if the form has prior approval by the Office of the General Counsel as a standard form, and contains no substantive changes or additions other than those pertaining solely to the description of the project, the amount involved, and/or the term of the Contract or extension, or (c) with respect to a Contract administered by a unit of the University that has developed internal capacity for reviewing Contracts that has been approved by the Office of the General Counsel.

      2. The party initiating the Contract for the University is responsible for reading the Contract in its entirety and determining that: 

        1. The Contract language accurately reflects the current state of the negotiations;

        2. The Contract meets programmatic and University mission requirements;

        3. The Contract is in the best interests of the University;

        4. The University division or unit responsible can ensure compliance with the obligations the Contract places on the University; and 

        5. The Contract is sufficiently clear and consistent.

      3. The Office of the General Counsel shall determine what other institutional reviews are necessary prior to submission of the Contract for signature.

      4. The unit initiating the Contract shall be responsible for ensuring compliance with the obligations in the Contract and for maintaining a fully executed copy of the Contract.

    3. Documentation of Delegation

      1. Further delegation of signatory authority may occur in order to improve the efficiency and effectiveness of University operations, so long as such delegation does not unduly expose the University to financial or operational risk of loss.

      2. Signature authority delegation requires the approval of the appropriate vice president and must be documented in the Office of the General Counsel.  Anyone else who enters into a Contract that purports to bind the University is acting without authority and could be personally liable for the Contract.

      3. Officials appointed in an interim or acting capacity2 may exercise the authority delegated in this Policy during the duration of the interim or acting appointment.

1 Annotated Code of Maryland, Education Article, Title 12, Section 109(e)(9).

2 See 快活视频Policy 07-09.50 鈥� Policy on Acting Capacities and Temporary Increase of Higher Level Duties.

Related Policies:

USM Policy

快活视频08-03.00, Procurement Policy

USM Policy

Approval Date: 04/12/2008

Effective Date: 04/12/2008

Amended Date: 07/13/2016
04/19/2017
04/06/2022

Approved By: President鈥檚 Cabinet 03/28/2008

How to Request the Policy PDF

This online version of the policy may include updated links and names of departments. To request a PDF of the original, signed version of this policy, email the Office of the General Counsel, .