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HomeMy WebLinkAboutMinutes 1-28-10CERTIFIED EXTRACT OF MINUTES AND CERTIFICATE OF SECRETARY 1, the undersigned, Secretary of the UNIVERSITY OF MIAMI, a not for profit corporation duly organized and existing under the laws of the State of Florida, hereby CERTIFY that the attached is a true and correct copy of a certain resolution regarding the Execution of Contracts, Grants and Other Instruments, which was duly adopted by the Executive Committee of the Board of Trustees of said corporation on June 19, 1974, last amended by the Executive Committee of the Board of Trustees on December 16, 2003, and approved by the Board of Trustees on January 23, 2004, and has not subsequently been rescinded or modified. I FURTHER CERTIFY that the persons named below have been duly elected to the offices set out after their respective names and that such persons are the duly authorized incumbents of said office: Donna E. Shalala, President Joseph Natoli, Senior Vice President for Business and Finance Larry Marbert, Vice President for Real Estate and Facilities Diane M. Cook, Vice President and Treasurer Alan J. Fish, Vice President for Business Services IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said corporation this 30th day of July, 2008, at Coral Gables, Miami -Dade County, Florida. Leslie Dellinger Aceituno Assistant Secretary of the University (Corporate Seal) RESOLUTION RE: EXECUTION OF CONTRACTS, GRANTS AND OTHER INSTRUMENTS WHEREAS, it is provided in the Charter that when the Board of Trustees is not in session, the Executive Committee has the authority to exercise all powers of the Board of Trustees with limited exceptions; and WHEREAS, it is provided in the Bylaws that the prime responsibility of the Executive Committee shall consist of the business affairs of the University; and WHEREAS, business matters within such authority include the execution of agreements, contracts, and other instruments which obligate the University; and WHEREAS, it is desirable the Executive Committee retain the authority to specifically approve certain agreements, contracts and other instruments prior to execution by officers of the University, but it is impracticable and unnecessary for the Executive Committee to individually pass upon each of such agreements, contracts and other instruments and, in order to facilitate such matters, it is desirable for the Executive Committee to authorize the President of the University and the Senior Vice President for Business and Finance to enter into contracts and agreements for sponsored programs at overhead rates approved by the University and to authorize the President, the Senior Vice President for Business and Finance, the Vice President for Real Estate, the Vice President for Business Services, and the Associate Vice President for Facilities Administration to enter into agreements and contracts to conduct business matters; now therefore be it RESOLVED, by the Executive Committee: That the President, Senior Vice President for Business and Finance, the Vice President and Treasurer, the Vice President for Real Estate, the Vice President for Business Services, and the Associate Vice President for Facilities Administration, shall have the authority to execute contracts, agreements, purchase orders and other instruments in their respective area of responsibility which obligate the University except for those matters which require approval of the Executive Committee of the Board of Trustees as set forth in the following paragraph: Any annual contract, agreement or other instrument, except for those involving sponsored programs, which exceeds $5,000,000 in full amount, or exceeds $7.5 million during the term of the agreement. The Senior Vice President for Business and Finance, the Vice President for Real Estate, the Vice President for Business Services, and the Associate Vice President for Facilities Administration may, with the written authorization of the President, delegate to other University persons, the authority vested in him to sign contracts binding the University, except for those matters which require approval of the Executive Committee of the Board of Trustees. That, in the event of an emergency situation the President or her designee may commit the University to do or perform actions described above without prior authority by first obtaining oral or telephonic authorization from a majority of the total members of the Executive Committee. Matters acted upon after obtaining oral or telephonic authorization shall be submitted to the next meeting of the Executive Committee for confirmation. Resolution Re: Execution of Contracts Grants and Other Instruments Page 2 Reporting Provision The administration shall submit to the Finance Committee written quarterly reports relative to any transaction related to the acquisition of goods or services of $2,000,000 or more, but less than $5 million annually or $7.5 million, regardless of term. The quarterly reports shall address the following: a. A brief description of the contractual product. b. The name of the person, entity or company of the other party, and its principal owner or chief officer. c. The amount of the contract. d. Whether the contract is an extension of a previous one. e. The duration of the contract. f. Whether the contract was contemplated and included in an approved budget. Approved by Executive Committee, Board of Trustees, June 19, 1974 Amended by Executive Committee, Board of Trustees, June 28, 1976 Adopted by Board of Trustees, October 8, 1976 Amended by Executive Committee, Board of Trustees, December 19, 1978 Adopted by Board of Trustees, January 24, 1979 Amended by Executive Committee, Board of Trustees, September 18, 1979 Adopted by Board of Trustees, September 19, 1979 Amended by Executive Committee, Board of Trustees, October 21, 1980 Adopted by Board of Trustees, November 26, 1980 Amended by Executive Committee, Board of Trustees, December 16, 1960 Adopted by Board of -Trustees, January 28, 1981 Amended by Executive Committee, Board of Trustees, November 17, 1981 Adopted by Board of Trustees, November 25, 1981 Amended by Executive Committee, Board of Trustees, April 26, 1984 Adopted by Board of Trustees, April 27, 1984 Amended by Executive Committee, Board of Trustees, May 17, 1988 Adopted by Board of Trustees, October 12, 1988 Amended by Executive Committee, Board of Trustees, November 15, 1988 Adopted by Board of Trustees, December 14, 1988 Amended by Executive Committee, Board of Trustees, April 19, 1994 Adopted by Board of Trustees, April 22, 1994 Amended by Executive Committee, Board of Trustees, August 20, 1996 Adopted by Board of Trustees, October 10, 1996 Amended by Executive Committee, Board of Trustees, February 15, 2000 Adopted by Board of Trustees, April 28, 2000 Amended by Executive Committee, Board of Trustees, October 17, 2001 Adopted by Board of Trustees, November 2, 2001 Amended by Executive Committee, Board of Trustees, December 16, 2003 Adopted by Board of Trustees, January 23, 2004