13-1200 Other Delegations of Authority for Contracts

13-1210 Authority for Construction of Facilities Contracts

Authority to solicit and accept or execute extramural grants and contracts for construction of facilities has been delegated to Chancellors, the Vice President--Agriculture and Natural Resources and the LBNL Laboratory Director. The delegation does not include agreements which contain provisions which fall within the restrictions and limitations set forth in Standing Order 100.4(dd) (see Section 13-510) and/or agreements which would result in amendments to the Capital Improvement Program beyond the authority delegated to the Chancellors. The preparation of proposals for extramural support for the construction of facilities, the acceptance or execution of construction grants or contracts, and the reporting of these actions shall be in accordance with the Grants Procedures published in the Facilities Manual.

In the event that a contract or grant includes activities falling within the scope of the delegation of authority for contracts and grants for research and the delegation of authority for construction contracts, the agreement should be signed by an individual who has been delegated both authorities or the agreement should be signed by two University officials--one with research contract and grant authority and one with construction contract authority.

13-1220 Authority for Affiliation Agreements

The President of the University delegated to Chancellors and the Laboratory Director the authority under Standing Order 100.4(dd)(5) to execute certain affiliation agreements with other institutions or hospitals. The delegation states that approval of The Regents is required for "affiliation agreements with other institutions or hospitals involving direct financial obligations or commitments to programs not previously approved." It is the interpretation of the General Counsel that, with regard to "direct financial obligations," the intent and meaning of this Standing Order is to require Regental approval when the direct financial obligation or commitment is imposed on the University.

Each proposed affiliation agreement is to be reviewed and approved as to form by the General Counsel prior to execution. If a standardized form is used which has received prior approval from General Counsel, further review by General Counsel is not required. Following execution of an affiliation agreement, two copies of each executed affiliation agreement are to be sent to the Vice President--Health Affairs so that the annual report of affiliation agreements executed under this delegation of authority may be prepared for submission to The Regents.

Generally, affiliation agreements are intended for the training of students under which the students earn course credit by performing services under supervision for the institution (such as student teachers at local schools or interns at hospitals). In the event that a question arises about whether an agreement is an "affiliation agreement" or a "research, training, or public service agreement", staff in OP RPAC and the Senior Vice President--Health Sciences and Services should be consulted.

13-1230 Authority for Rental Agreements and Leases of Real Property

See Chapter 15 of this Manual for information on authority for rental agreements and leases of real property.

13-1240 Authority for Gifts

See Chapter 9 of this Manual for information about delegation of authority to solicit and accept gifts.

13-1250 Authority for Purchase Contracts

See Chapter 16 of this Manual for information about the authority to execute purchase contracts, subcontracts, and standard purchase orders for goods and services.

13-1260 Authority for Consulting Agreements

See Chapter 16, Section 16-440 of this Manual for information about the authority to execute consulting agreements.

13-1270 Authority for Execution of Various Other Agreements

The President of the University has delegated to Chancellors, the Vice President--Agriculture and Natural Resources, and the Vice President--Financial and Business Management (now the Executive Vice President—Business Operations), within their areas of jurisdiction, the authority to execute various agreements required with outside organizations, agencies, and individuals to implement approved programs and activities, whether the University is the supplier or recipient of the service or goods covered by the agreement. This delegation expressly states that it does not apply to those aspects of Standing Order 100.4(dd) which deal with the solicitation and acceptance of pledges, gifts, and grants, or the execution of purchase contracts for goods and services to be supplied to the University, or the rental and leases of real property, or the delegation concerning affiliation agreements.

The authority to execute agreements covers such activities as agreements for concerts, lectures, rental of films, and various theatrical or musical productions; contracts with schools and/or school districts for teacher training programs and contracts with outside agencies covering the use of facilities and instructors for regular University courses; Memoranda of Understanding with counties to conduct Cooperative Extension Service educational programs; agreements with outside organizations for employee development assignments; agreements with non-profit agencies for employment of students under Work-Study Programs; and agreements for student health insurance coverage.

Guidelines for exercising the authority to sign agreements are issued by the appropriate functional area offices within the Office of the President. For example, the guidelines issued by the student services area concerning the Work-Study Program set forth the procedures to be followed, and those issued by the staff personnel area concerning employee development assignments with outside organizations include an approved standard form. Any agreement which deviates from a form previously approved by the General Counsel must be approved for legal form by the General Counsel prior to execution.