BACKGROUND AND SCOPE OF REGULATION

This regulation sets forth the Superintendent’s approved delegations and sub-delegations of contract signature authority to various administrative officials for contracts signed on or after the regulation’s effective date.  This does not remove the responsibility of the Cabinet staff member to notify the Superintendent of purpose of the contract and the essential terms. The Cabinet staff member shall use his/her best judgement in determining which contracts the Superintendent needs to execute. Furthermore, all contracts must still be reviewed as to form by the General Counsel and complete the pre-audit process of the Chief Finance Officer.

For purposes of this regulation, a contract means an agreement between two or more persons that creates a legally binding obligation to do or not to do a particular thing.  A contract may be titled as an agreement, a memorandum of understanding, memorandum of agreement, a promise to pay, or may use other terminology.  A contract may or may not involve the payment of money. Any contract valued in excess of $100,000 must be signed by the Chairperson of the Board of Education.

UNAUTHORIZED CONTRACTS

The Board does not recognize contracts signed by district employees or agents as binding on the Board unless the employee who signed the contract has duly delegated signatory authority.

Employees who sign contracts purporting to bind the Board without authority properly delegated under this regulation may be personally liable to the contractor and to the Board, and may be subject to disciplinary action.

All previous delegations of authority are superseded and rendered void as of the effective date of this regulation.

GENERAL DELEGATIONS OF AUTHORITY

The Superintendent retains residual executive authority to sign contracts for the Board notwithstanding the delegations of authority contained in this regulation.

Cabinet staff members are delegated the authority to sign all contracts, specific to the individual member division, for which the Superintendent has signature authority that may be further sub-delegated.

SPECIFIC DELEGATIONS OF AUTHORITY

Specific delegations of contract signature authority for specified contracts to Cabinet staff members are set forth in this section.  An individual with delegated signature authority who signs a contract on behalf of the District has the responsibility to ensure that the contract follows District and State policies, regulations, rules and guidelines and that all necessary insurance coverage is in force.  Such delegation of signature authority may not be further sub-delegated except as authorized by this regulation.

Academic Contracts

Authority to sign contracts related to academic exchange and academic cooperative agreements, academic personnel, scholarly leave agreements requiring District signature, academic placements (such as field work internships or clinical training), and academic matriculation and curriculum exchange is delegated to the Assistant Superintendent for Teaching and Learning.

Research Contracts and Sponsored Programs

The authority to sign contracts, grants, consortia, center, cooperative and other research and public service agreements is delegated to the Cabinet staff member that will oversee the contract/grant.

Permissions to Use District Name, Marks, Symbols, and Copyright

With the exception of permissions for the use of District-owned software or permission for use of copyrighted works generating revenue beyond direct cost recovery, which are within the delegated authority of the Chief Technology Officer, the authority to sign agreements granting permission to use District-owned works subject to copyright, such as text, graphics, photography, and similar material, is delegated to the Assistant Superintendent for Communications and Community Relations.

The authority to sign contracts necessary for the operation of the District’s trademark licensing program, including but not limited to the authority to register such marks, symbols and other indicia of the District in the various states and with the U.S. Patent and Trademark Office as deemed appropriate, to enter into a contract with an agent for the licensing of the Board marks, symbols, and indicia in a manner deemed consistent with the purposes and needs of the District, and to sign agreements granting permission to use the District’s names, logos, and other trademarks in connection with the District’s trademark licensing program is delegated to the Assistant Superintendent for Communications and Community Relations.

Settlement Agreements of Potential or Pending Litigation

Signatory authority for settlements that require the District to pay up to ten thousand dollars ($10,000.00) remains exclusively with the Superintendent.  Signatory authority for settlements that require the District pay greater than ten thousand dollars ($10,000.00) remains with the Board of Education.

Authority to sign standard release forms that have been approved by the Office of General Counsel where the District is paid actual damages for damages to real or personal property are delegated to the Assistant Superintendent for Administration and Operations and to the Chief School Performance Officer for releases involving students.

Other Contracts

All agreements where signature authority is not specifically delegated elsewhere in this Regulation are delegated to the Cabinet staff member that will be responsible for contract oversight and are further sub-delegated as set forth below.

Delegations and sub-delegations of authority to sign a Standard Form Agreement do not include authority to make changes to the Standard Form Agreement.  A Standard Form Agreement is one that has been approved as to legal form and sufficiency by the Office of General Counsel.  The Office of General Counsel must review any changes to the Standard Form Agreement before the agreement may be signed.

General Business Contracts

Small Purchases Not Involving Contracts.  School principals and department heads have the authority to make small purchases where no contract is involved and the consideration is limited to five thousand dollars ($5,000.00) or less per transaction.  Any purchasing transaction involving a contract shall be processed by the Director of Procurement.

Authority to sign contracts where the value of the agreement does not exceed five thousand dollars ($5,000.00) is sub-delegated to the Cabinet staff member that will be responsible for contract oversight. 

Facility Use Agreements

Agreements permitting the use of the Board’s facilities by non-District entities shall be processed in accordance with Policy 2-49 Use of Facilities and the Administrative Guidelines to Policy 2-49.

Special Business Agreements

Contracts for athletic contests and contracts for hotel rooms and transportation services used by district varsity sports teams are delegated to the Assistant Superintendent for Administration and Operations and the Director of Athletics.

Insurance Applications and Proof of Loss forms are sub-delegated to the General Counsel and the Risk Manager.

Outside Counsel Agreements and Litigation Consultant Agreements for retaining attorneys, law firms, litigation consultants, and expert witnesses are sub-delegated to the General Counsel.

Software and information technology transactions of five thousand dollars ($5,000.00) or less, including the acceptance of terms of “clickwrap agreements,” are sub-delegated to the Chief Technology Officer.

UNION COUNTY BOARD OF EDUCATION

ADOPTED:                                                    6/13/17

REVIEWED BY GENERAL COUNSEL:    2/12/21