ADMIN 150 - Authorized Signature Policy
Purpose
This policy provides for oversight and responsible stewardship of the resources of the College.
Scope
This policy applies to all contracts and other written or electronic documents that obligate the College financially, legally, or in its operations with an outside party.
Definition
Emergency Absence: Emergency Absence refers to a sudden or prolonged unplanned circumstance where the President or a Senior Leader is unable, or it is reasonably anticipated that they will be unable to execute their authority to sign agreements, and where the individual is also unable to delegate their authority to an authorized delegate.
Administrative Unit: Any department, office, division, or other administrative component of the College.
Signature Authority: The legal right to execute contracts and other written instruments in the name of and on behalf of the College and to bind the College to an obligation or promise.
Delegator: An individual with authority to delegate signature authority to another individual.
Delegatee: An individual that receives the authority to sign agreements from a Delegator.
Policy
This policy controls the authorization and delegation of signatory authority in regard to institutional agreements executed between the College and outside parties and other transactions involving the purchase or exchange of goods and services from another entity. It defines which employees of the College are authorized to legally bind the College or obligate resources of the College. It further provides authority to designate temporary signature authority to facilitate efficiency and productivity in college administration through the delegation of signature authority to other CWI employees.
The CWI Board of Trustees (Board), pursuant to Idaho statute, has the authority to adopt policies and regulations for its own government and the government of the College. (See IC 33-2107(1)). This authority includes the ability of the Board to delegate signature authority for various contracts and agreements to CWI employees, where the approval of the Board is not required.
Guidelines
For audit purposes, agreements entered into or made prior to the latest revision of this policy are subject to that version of this policy in effect at the time the agreement was initiated. Agreements entered into after the latest revision date of this policy are subject to this policy as amended.
No CWI trustee, employee, faculty, or staff may sign a contract without the express written authorization as designated in this policy, or pursuant to a sub-delegation of authority under this policy. Any individual who signs on behalf of the College without proper signature authority may be personally liable for the terms and conditions contained therein and will be potentially subject to institutional policies regarding employee misconduct.
The College shall not be bound to any contract, legal document, or other obligation made by any individual acting outside the express authority stated by this policy notwithstanding any representations or misrepresentations that may be made about the individual’s apparent authority.
This policy does not apply to signatures or approvals required for internal College transactions and processes including time reports and space reservations.
A. CONTRACTS REQUIRING BOARD APPROVAL and signature
The Board has approval authority through its governance polices for the following categories of contracts below. (See CWI Governance Policies: Section 4.01 Revised November 9, 2023.)
- Financial auditors
- Comprehensive strategic planning
- Capital expenditures for new buildings and real estate
- All real estate rent/lease agreements and contracts (excluding short-term rental agreements for events and other uses such as graduation ceremonies and student club activities)
- Naming of buildings and locations
- All contracts that are valued at one million five hundred thousand dollars ($1,500,000) or more including multi-year contracts that are valued at one million five hundred thousand ($1,500,000) or more over the duration of the contract, excluding state and federal grants and sponsored program agreements.
- Emergency spending
- Sole source declaration pursuant to Idaho Code Section 67-2808
- Any contract involving the naming of a College building or location
- Any contract required to be signed by the Board pursuant to state or federal law
B. DELEGATION OF SIGNATURE AUTHORITY FROM BOARD TO CWI PRESIDENT to vice president, finance and administration, chief financial officer
All contract authority not specifically retained by the Board (as outlined above) is delegated to the President of the College. The President retains sole signature authority for all faculty employment contracts, for contracts that require a presidential signature pursuant to the terms of the contract, and for contracts with a total value of $75,000 or more. The President has delegated all other signature authority to the Vice President, Finance and Administration, Chief Financial Officer of the College to ensure the orderly and efficient operation of the College. In regard to an Emergency Absence of the President, the VPFA and the Provost will automatically have signature authority for contracts with a total value of $75,000 or more.
The President has also delegated additional signature authority per the table below. The President may provide for additional delegations through an internal memo.
C. SUB-DELEGATION OF AUTHORITY WITHIN CWI
For the purposes of this policy, a Senior Leader is defined as follows:
- Provost and Vice President of Academic Affairs
- Vice President, Human Resources
- Vice President, Marketing
- Vice President, Strategy and Operations
- Vice President, Advancement
The President sub-delegates signature authority as follows:
Form or Document | Signature Authority |
---|---|
Purchase Orders with a total of $75,000 or more. | Upon authorization by the President, Business Office staff with delegated signature authority for signing Purchase Orders. |
Contracts, Agreements, and MOUs with a total value under $75,000. | If the contract requires payment to a party to the contract, then signature authority is delegated to the Senior Leader with budget authority over the expenditure. If there is no payment required, signature authority is delegated to the Senior Leader with administration and organizational authority for the department/area responsible for overseeing the execution of the contract, agreement, or MOU. |
Purchase Orders with a total value of $5,000 or more and under $75,000. | Upon authorization by the Senior Leader with budget authority over the expenditure, Business Office staff with delegated signature authority for signing Purchase Orders. |
Purchase Orders with a total value under $5,000. | Upon authorization by a Senior Leader, Dean, AVP, Executive Director, or a Director who reports directly to a Senior Leader, Business Office staff with delegated signature authority for signing Purchase Orders. |
Expenditure transactions under $2,000 utilizing Procurement Cards, Payment Requests, and Expense Reports. | Budget Managers. |
A Senior Leader is permitted to sub-delegate signature authority for Contracts, Agreements, and MOUs with a total value under $75,000 to another Senior Leader, or an employee that reports directly to a Senior Leader (Sub-Delegatee). In addition, the Vice President, Finance and Administration, Chief Financial Officer, is permitted to sub-delegate signature authority to any management position in the Business Office. A sub-delegation of signature authority must be: (1) in electronic form (email acceptable), (2) specify the nature of the sub-delegation by contract type, amount, and time period, (3) must be submitted to the Contracts Group prior to the execution of any pertinent contract, and (4) must be renewed annually. No sub-delegation can be extended beyond one calendar year. When a sub-delegation does occur, the delegator does retain their signature authority. However, all documents will be routed to the sub-delegatee for signature.
A sub-delegation is revoked upon the occurrence of any of the following: (1) the Delegator revokes the sub-delegation at any time in an electronic document submitted to the Contracts Group, (2) at the end of the designated sub-delegation time period, or (3) if the Delegator or Sub-Delegatee is no longer employed at the College.
Questions about delegation and sub-delegation can be directed to the Contracts Group.
D. SIGNATORY AUTHORITY OBLIGATIONS
Every individual with signatory authority, whether through state statute, delegation, or sub-delegation is solely responsible for ensuring the following:
- The individual has read and understands the nature of the contract.
- The contract complies with all applicable College policies and procedures.
- The contract is consistent with sound business and legal practices and the CWI Office of General Counsel has been consulted where needed to verify sound legal practices.
- Appropriate consultation has taken place with any other units within the College that will be impacted by the document.
- The individual has no conflict of interest in regard to the contract that prohibits its execution.
- There is budget available within the signer’s budget authority to meet any obligations contained in the contract.
- Only an individual with appropriate signature authority is the individual executing the contract.
E. GRANT AWARDS and sponsored projects
Authorized CWI employees in the Grants Group are permitted to sign agreements as required under Federal and State grant awards pursuant to federal or state regulations.
REFERENCED, RELATED, AND SOURCED
Forms and other documentation associated with this policy can be found on the internal Business Office website.
Administration, Business, & Finance Policies
- ADMIN 000 - Contract Administration and Management Policy
- ADMIN 010 - Cash Handling Policy
- ADMIN 020 - Business Ethics
- ADMIN 030 - Post-Issuance Tax Exempt Bond Compliance Policy
- ADMIN 040 - Sponsored Programs
- ADMIN 050 - Accounts Payable
- ADMIN 060 - Travel and Meeting Policy
- ADMIN 070 - Food And Entertainment
- ADMIN 080 - Gifts, Awards, And Incentives Policy
- ADMIN 090 - Investments Policy
- ADMIN 100 - Procurement Policy
- ADMIN 110 - Fixed Asset Acquisition & Management
- ADMIN 120 - Debt Management Policy
- ADMIN 130 - Change Funds/Petty Cash Funds Policy
- ADMIN 140 - Audits Policy
- ADMIN 150 - Authorized Signature Policy
- ADMIN 160 - Independent Contractors Policy
- ADMIN 170 - Purchasing Card Policy
- ADMIN 180 - Uniforms and Logo Apparel
- ADMIN 190 - Procurement of Public Works Construction