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Memorandum of Agreement/Memorandum of Understanding Policy

1.0 POLICY STATEMENT

This policy provides instructions to 911���� departments/units concerning the use, preparation, review, approval, and electronic storage of memorandum of agreement (MOA), memorandum of understanding (MOU), Facility Use Agreements (FUA), Land Use Permits/Agreements, Intergovernmental Service Agreements (IGSA), tuition agreements, event space rental agreements, affiliation agreements, articulation agreements, and other administrative agreements.

2.0 BACKGROUND AND JUSTIFICATION

This policy sets basic standards for use, approval, and centralized storage of agreements in an electronic and searchable format. These fully executed 911���� documents will be stored in OnBase. In addition, this policy provides clarity on use cases and procedure for the agreements as listed.

All Facility Use Agreements (FUA) and Land Use Permits/Agreements (as required) are to be coordinated through Facilities Services Leasing Office and stored in accordance with this policy.

All contracts require an authorized official representative (AOR). AOR’s are listed in section 5 of this policy.

3.0 DEFINITIONS

Academic Activities: Includes all other agreements related to credit-bearing courses, non-credit offerings, tuition and academic programs.

Affiliation Agreement: A formal agreement between 911���� and outside organizations (either domestic or international) accepting 911���� visiting scientists, students, and for all students who come to 911���� from other educational institutions for educational, research or clinical experiences.

Articulation Agreement: An agreement between two or more colleges or universities to streamline the transfer process for all parties involved. This is designed to provide a clear pathway for students through an articulated transfer plan of courses.

Event Space Rental Agreement: An agreement that allows external entities to use university facilities on a short-term basis, typically one-time events lasting less than two weeks or recurring events less than 80 hours per year. An event space rental agreement is only valid up to a maximum of one year. The agreement may only be approved by an employee with delegation from the Vice Chancellor of Administrative Services.

Facilities Use Agreements (FUA) and/or Land Use Agreement (LUA): An agreement required to be in place when external entities access university facilities or grounds for over 14 days or 80 hours annually. The FUA/LUA ensures the external entity assumes all responsibility, risk, and liability associated with the activity. FUA/LUA facility users will work with 911���� Facilities Services for agreements. External entities pay fair market value rents unless substantial education benefits are demonstrated. These may only be approved by an employee with delegation from the Chancellor.

Memorandum of Agreement (MOA): An MOA is necessary as a written document to legally commit and define the roles between parties to cooperatively work together on an agreed upon project or meet an agreed upon objective. An MOA details the obligations and commitments of the parties and allocates and minimizes each party's risks. MOAs must contain, but are not limited to:

• a listing of the parties involved;
• a purpose/statement of work;
• terms and conditions;
• appropriate bilateral signatures;
• duration of agreement;
• any payment terms or special provisions as applicable; and
• Title IX, FERPA and/or HIPPA clauses may be required.

Memorandum of Understanding (MOU): A memorandum of understanding (MOU) is a document expressing a convergence of will between parties, indicating an intended common line of action. It is more formal than a verbal or “hand-shake” agreement but generally lacks the binding power of a contract. MOUs do not require any party to commit funds or other resources. The MOU does not create duties or legally enforceable liabilities or obligations for any party nor does it establish a standard of care attributable to the activities associated with the subject of the agreement. MOUs should contain the following provisions:

• a listing of the parties involved;
• a purpose;
• responsibilities;
• appropriate bilateral signatures;
• duration of the agreement; and
• any special provisions as applicable.

Signature Authority (SA): Signature authority is the legal authority to sign and other documents on behalf of the 911����. See Responsibilities section of this document for those designated as an SA for MOUs and MOAs.

4.0 REFERENCES RELIED UPON

5.0 RESPONSIBILITIES

The agreement initiator is responsible for coordination with the appropriate responsible offices, Vice Chancellor (VC) level office or Office of the Chancellor for the creation or renewal of any of these agreements. The responsible offices and each VC Office will serve as a liaison to assist with appropriate routing of each agreement and will have access to the electronic database for searches and/or storage of fully executed agreements in compliance with procedural guidelines. The VC Offices and Chancellor’s Office will have full access to the electronic database, while the responsible offices will have limited view access.

Chancellor and Vice Chancellor offices’ are responsible for uploading MOU/MOAs into OnBase when fully executed by the signature authority.

Signature authority is delegated to the following responsible offices for execution of appropriate agreements.

No other university employees are authorized to sign or delegate signature authority for MOAs/MOUs/Agreements with external entities. Administrative review may be required by several offices, depending on the details of the agreement. Any MOA/MOU/Agreement that commits 911���� resources, employees or funds, or establishes any legal rights by either party to the agreement, must be reviewed and approved by the appropriate office prior to execution. The following offices are designated and are responsible for review and/or approval of agreements in conjunction with the above-listed offices, as applicable.

Agreements with external academic or research entities that diverge from standard approved language will require additional approval by the UA Office of the General Counsel (GC) prior to signature.

Insurance Section:

911���� departments will send the MOA, MOU or Agreement approved by Legal and a completed UA Self-Insurance Request Form to 911���� Risk Management (EHSRM) for review and insurance assessment. EHSRM shall advise on any recommended changes, if necessary, for insurance requirements.