Contracts

Contracts

Contracting

The purpose of this website is to provide information about the contracting process at the University and assist faculty and staff in negotiating and formalizing written contracts.
 
Whenever the University takes on an obligation to another party, a written agreement is the best way to prevent misunderstandings and problems. The provisions of the agreement may physically be contained in a variety of formats. Examples include preprinted contract forms (with or without modification), terms and conditions, purchase orders, letters containing the terms of an agreement, leases, and waivers.
 
Whatever the format, the agreement should comply with University contracting requirements in order to protect the University’s interests and ensure that the University does not assume inappropriate risks (like agreeing to pay another party in full regardless of performance). For certain transactions, the University has its own standard vendor service agreement, which provides the University with the greatest protection.
University employees, including officers, faculty and staff, may not bind the University by signing contracts.
 
The only authorized signatories are the University President, the Chief Financial Officer (CFO), and the Vice President for Finance. 
For answers to common questions about written contracts and the contracting process at the University, please refer to Contract FAQs. If you have additional questions, contact the following:
 
Christine Brasteter
Senior Director
856.256.5173
brasteter@rowan.edu
 
Becca Hartman
Contract Manager
856.256.4165
hartmanr@rowan.edu
 

Standard Contracts

In order to facilitate the contracting process at Rowan University, the Office of Contracting & Procurement has developed several standard contracts that can be utilized for your contracting needs. Use of the University contracts are strongly encouraged because they protect the University’s interests. They are reviewed and approved quicker than a contract provided by a vendor or other party.
 
Service Agreement *combined vendor and IC agreement
Addendum to Service Agreement
 
 
 
Whenever submitting any type of contract, whether it is one of the University’s Standard Contracts or a Vendor generated one, please allow 30 days for processing.
If you have questions regarding how to submit a contract, please see the instructions here.

Modifications

Modification of Agreement terms and conditions is permitted except that the University, due to its public nature, will not:
  1. Provide any defense, hold harmless or indemnity.
  2. Waive any statutory or constitutional immunity.
  3. Apply the law of a state other than New Jersey.
  4. Procure types or amounts of insurance beyond those Rowan University already maintains or waive any rights of subrogation.
  5. Add any entity as an additional insured to Rowan University policies of insurance.
  6. Pay attorneys' fees, costs, expenses, or liquidated damages.
  7. Promise confidentiality in a manner contrary to New Jersey’s Freedom of Information Act.
  8. Permit an entity to change unilaterally any term or condition once the contract is signed.
  9. Accept any references to terms and conditions, privacy policies or any other websites, documents or conditions referenced outside of the contract; or
  10. Agree to automatic renewals for term(s) greater than month to-month.
By signing the terms and conditions, contract, bid, or other offer to do business with the University your entity understands and agrees that:
 
The above Agreement provisions will not be modified and are thereby incorporated into any agreement entered into between University and your entity; that such terms and conditions shall control in the event of any conflict with such agreement; and that your entity will not propose or demand any contrary terms;
 
The above Agreement provisions will govern the interpretation of such agreement notwithstanding the expression of any other term and/or condition to the contrary.
 
Your entity agrees that the resulting Agreement will be the entire agreement between the University (including University's employees and other End Users) and Respondent and in the event that the Respondent requires terms of use agreements or other agreements, policies or understanding, whether on an order form, invoice, website, electronic, click-through, verbal or in writing, with University's employees or other end users, such agreements shall be null, void and without effect, and the terms of the Agreement shall apply.

Post Contract Submission

The only way to ensure that the University is functioning effectively is to establish clear goals; traditionally, key performance indicators (KPIs) and/or scorecards can help to determine whether or not those goals are being met.

You will receive an email from our department indicating that it is time to review your contracted vendor's performance. You will be asked to fill out one of the forms below.

Key Performance Indicator (KPI)
Vendor Product Scorecard
Vendor Event Scorecard

Rowan University is subject to the following:

Tort Claims Act
Open Public Records Act

Note: This website is for your general information and education only and does not constitute legal advice. Please feel free to contact the Office of the General Counsel with specific questions regarding contract law as it applies to your University contracts.