Instructions for Using the Performance Agreement form

University Procurement Services is pleased to introduce a new and more efficient procurement process (and contract form-the Performance Agreement) to engage and contract with performers, artists, speakers and other professionals engaged in the performing arts.(hereinafter “Performers”). The execution of the Performance Agreement(“Agreement”) and the Agreement contracting process are to be handled exclusively by the end using department, unit or school (hereinafter “Department”) if the using Department has signatory authority under the Rutgers University Signatory Policy #50.13.3. to execute contracts with Performers. The Signatory Policy Matrix can be easily accessed through the Office of General Counsel’s website: . For those Departments without contracting authority under the Signatory Policy, those Departments will have to submit the Agreements to University Procurement Services for processing. All Performers engaged under the Performance Agreement can still be paid through a request for check through RU Marketplace using the following codes:

Account 55080 replaces 31100 (Prof. Services, Consultants-US person)

Account 55080 replaces Banner accounts 702132 and 702135

Account 55230 replaces 37200 (Professional Services-NRA)

Account 54150, 55240 replaces 37800 (NR Payment-Outside U.S.)

Account 55990 Prof. Services, Consultants

Account 69400 Performance Fee

If the Department has the required signatory authority to execute Agreements with Performers, then the Department shall follow the following process:

  1. If the Performer executes the Agreementwithout any changes, then the end using Department can sign off on the Performance Agreement ifthe Departmenthas signatory authority under the Signatory Policy.
  2. If the Performer makes changes to the Performance Agreement, then the end using Departmentshall follow the below process:
  3. If the changes relate to insurance requirements (see Section 5) and/or indemnification, the proposed changes must be submitted by the Department for review and approval by Risk Management.
  4. If the changes relate to legal terms (e.g. Governing Law; Jurisdiction, Trademark and Licensing, or any other material term- a term that substantively changes the rights and liabilities of Rutgers or the performer under the Agreement, the Department must submit the changes for review and approval to the Office of General Counsel.
  5. Other non-material or non-substantive changes (e.g. changes to payment terms) can be addressed and resolved by the Department.
  6. If the end using Departmentis uncertain about the extent or nature of the changes, then the end using Departmentmay seek assistance/guidance from University Procurement Services by contacting either David Fenkel at or Kathryn Kuhnert at .
  7. After all the changes to the Agreement have been finalized, then the end using Department can sign off on the Agreement. The Department shall also obtain the Certificate of Insurance, if required, that is to be submitted by the performer under the terms of the Agreement.
  8. Procurement Services strongly recommends that each end using Departmentmaintain a file of all executedAgreements and related Agreement documents.
  9. Please note that the Performance Agreement doesn’t contain Insurance Requirements. Nonetheless, there may be instances when the nature of the performance, such as working with fire or fireworks, a large concert, or if the performer is bringing a large contingent of staff to the event, requires the performer to provide insurance coverage to protect Rutgers. If a department has any concern about whether the performer should be required to provide insurance coverage, please reach out to Risk Management r the Procurement contact listed below to address the insurance issue.

If there are any questions concerning the Instructions or Performance Agreement, please contact University Procurement Services through . Issues concerning the Request for Check process can be addressed or .

January 6, 2017