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Program Management
Memorandums of Agreement/Interagency Agreements/Contracts
Policy Number: C.E.S.P. 3-42
Date Revised: 2-14-2003
Supersedes: 4-23-2001 |
Summary: Establishes guidelines for Memorandums of Agreement,
Interagency Agreements and Contracts.
Memorandums of Agreements are contracts between two campuses of the
University of Arkansas System. While no standard contract form exists,
they should include the following terms and conditions:
• Description of the services to be rendered
• Date(s) that the services will be rendered
• Name(s) of the person(s)/unit and campus who will be rendering the services
• Dollar amount for the services, including a schedule of payments, and
• Responsibilities of each of the parties
Memorandums of Agreement (M.O.A.'s) must be reviewed and approved by the
Associate Vice President for Agriculture - Extension as delegated by the Vice
President for Agriculture on April 2, 2002. M.O.A.'s which exceed
$250,000, individually or in total, also require the signature of the Vice
President for Agriculture and the Vice President for Finance and Administration.
They do not require review by Legislative council and legal review by the U.A.
General Counsel’s office is not required if the agreement is between campuses,
divisions or units of the University System. Legal review is required for
M.O.A.'s with any entity outside the University System.
Memorandums of Agreement are drafted by the faculty member serving as
principal investigator or program director for the project and sent to Financial
Services. Financial Services will forward the M.O.A.'s to the Associate
Director for Finance and Administration for submission to the Associate Vice
President for Agriculture – Extension after appropriate signatures from other
campuses are obtained. Upon receipt of fully executed Memorandums of
Agreement, Financial Services will send a copy to the specialist or agent
responsible for the project and one copy to the other campus of the University.
Extension’s Financial Services will also maintain at least one copy.
Interagency Agreements
Interagency Agreements are similar to Memorandums of Agreement, but are used
when the other governmental entity is not a part of the University of Arkansas
System. They also do not require review by Legislative Council but do
require review by the U.A. General Counsel. As with Memorandums of
Agreement and Contracts, Interagency Agreements should be drafted by the
specialist or agent responsible for the special project and sent to Financial
Services. Financial Services will obtain the appropriate signatures from
the other entity and forward the Interagency Agreements to the Associate
Director for Finance and Administration. The Associate Director for
Finance and Administration will submit Interagency Agreements for legal review
and, once approved by legal, to the Associate Vice President for Agriculture -
Extension for execution. The appropriate name for the organization in the
agreement is either "University of Arkansas - Cooperative Extension Service" or
"Board of Trustees of the University of Arkansas - Cooperative Extension
Service".
Upon receipt of fully executed Interagency Agreement, Financial Services will
send a copy to the Principal Investigator responsible for the project and one
copy to the other governmental entity. At least one copy will also be
maintained in the Financial Services office.
Contracts (Refer to University Wide
Administrative Memoranda 300.1)
The authority to review, approve, and sign applications, proposals or
contracts for the Division of Agriculture is delegated from the President of the
University to the Vice President for Agriculture or his designee. As of
April 2, 2002, the Vice President for Agriculture delegated certain review and
signature authority to the Associate Vice President for Agriculture – Extension.
Contracts for Which Authority will not be Delegated. Authority will not
be delegated for the following contracts and must be approved by the Vice
President for Agriculture and the Vice President for Finance and Administration:
(1) a commitment to build or renovate a facility (which shall not
include maintenance or repairs to facilities which cost less than
$30,000);
(2) a commitment to initiate or expand an academic program;
(3) a commitment to continue expenditures of University funds beyond
the term of the contract;
(4) a contract, the amount of which exceeds $250,000 individually or $250,000
in the aggregate when involving connected transactions;
(5)contracts or other instruments affecting title
to real estate such as deeds, easements, rights of way
and leases unless specific authority is given elsewhere in this policy or in
other Administrative Memoranda or Board Policies (e.g. lease and rental
agreements for University-owned housing and dormitories and the authority to
contract to purchase property).
Special Procedures for Professional/Consultant Services.
(1)Contracts for professional or consultant services may be
executed by the Associate Vice President for Agriculture -
Extension to whom contracting authority has been delegated subject to
the same limitations and restrictions applicable to any other contract.
Contracts for professional/consultant services less than $25,000 on the
standard state form may, in the discretion of the Associate Vice
President for Agriculture - Extension, be executed without further legal
review. However, if a contract for professional or consultant
services less than $25,000 has attachments or incorporates other
documents by reference, the contract together with all the attachments
and documents incorporated by reference and a completed Legal Review
Form (see Attachment A) shall be sent to Financial Services.
Financial Services will submit these documents to the Associate Director
for Finance and Administration. The Associate Director for Finance
and Administration will fax the completed form, contract and attachments
to the General Counsel’s office for the required legal review prior to
execution by the Associate Vice President for Agriculture - Extension.
(2) Contracts that exceed $25,000 but are less than $250,000 require review
by the Arkansas Legislative Council and must receive approval in writing from
the Vice President for Finance and Administration prior to execution.
Written approval may be documented on the Legal Review Form (see Attachment A
–1). Submit a copy of the contract and any documents incorporated by
reference, along with the appropriate Legal Review Form, to Financial Services.
Financial Services will forward the contract to the Associate Director for
Finance and Administration who will then fax or deliver the contract documents
to the General Counsel and the Vice President for Finance.
The Vice President for Agriculture and the Vice President for Finance and
Administration must sign any contract that exceeds $250,000 or any contract for
which authority has not been delegated. Submit a copy of the contract and
any documents incorporated by reference, along with the appropriate Legal Review
Form to Financial Services. Financial Services will forward to the
Associate Director for Finance. After the contract is reviewed by the
Associate Vice President for Agriculture – Extension, the Associate Director for
Finance and Administration will fax or deliver the contract documents to the
General Counsel, who then will forward them to the Vice President for Finance
and the Vice President for Agriculture for approvals.
(3) Placing professional and consultant services contracts on the agenda of
the Legislative Council for its review, and appearance at meetings of the
Legislative Council or other appropriate committees of the Legislature reviewing
such contracts, shall be the responsibility of the Associate Vice President for
Agriculture – Extension or his designee.
Agreements should include, but not be limited to, the following:
• A statement of the work to be conducted including specific responsibility
of each party
• The name or position of the faculty or staff member directly responsible
for the program
• The amount and terms of payment
• The amount of indirect costs; and
• A provision for progress and final reports
All contracts, which include a charge for indirect costs, should submit a
copy of the approved negotiated rate agreement. This is needed to support
the amount of indirect cost requested and to substantiate the costs in the case
of an audit.
Research and Sponsored Programs
All contracts or grants resulting from applications or proposals for
sponsored programs are treated as contracts and should follow the same
guidelines for approval, signature and legal review.
The appropriate name for the organization in the contract is either
"University of Arkansas - Cooperative Extension Service" or "Board of Trustees
of the University of Arkansas - Cooperative Extension Service". After
legal review, contracts, memorandums of agreement, and other legal instruments
relating to sponsored programs will be executed by the Associate Vice President
for Agriculture – Extension.
Upon receipt of fully executed Contract, the Financial Services will send a
copy to the Project Investigator responsible for the project, and one copy to
the other party. At least one copy will be maintained in Extension
Financial Services.
Many federal funding agencies require sub-recipients to sign certifications
similar to those included in the grant application - example: Debarment,
Suspension, etc. These should be completed, signed and dated by the
sub-recipient and returned to Financial Services to be maintained in the
official files.
State Building Services (S.B.S.) Lease Agreements
Lease agreements through State Building Services must be reviewed and
approved by the Associate Director for Finance who will submit to the Associate
Vice President for Agriculture – Extension for review and approval.
S.B.S. leases require review by the U.A. General Counsel’s office and must be
signed by the Vice President for Finance and Administration at the System
office.
Monitoring of Memorandums of Agreement, Interagency Agreements, and
Contracts
The University of Arkansas Cooperative Extension Service is ultimately
responsible for satisfying the terms of all memoranda, agreements and contracts.
The Principal Investigator is charged with the responsibility on behalf of the
organization. The Principal Investigator is specifically responsible
for meeting all programmatic objectives, managing personnel assigned to the
project, managing the budget, initiating all necessary paperwork needed to
ensure proper documentation of expenditures, and completing all reports on time.
Legislative Peer Review & Legislative Council Review
Any interagency contracts subject to Legislative Peer Review will require the
Principal Investigator or his/her designee to represent Cooperative Extension
before the subcommittee where the contract will be reviewed.
All Personal Services Contracts, which exceed $25,000 require review by the
Review Committee of the Arkansas Legislative Council and must be approved by the
Vice President for Finance and Administration prior to execution.
Contracts should also receive legal review from the U.A. System legal staff.
Attachment A
Attachment A-1
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