合同
一般
The College enters into many contracts each year. These contracts cover a wide variety of topics including the construction of buildings, the purchase of goods and services needed to operate the College, 软件许可, and the creation of affiliation and articulation contracts. In general, all contracts must be reviewed and approved by the 法律事务厅. It is best to contact the 法律事务厅 at the beginning of the contract negotiation process. Departments/项目 must be prepared to make decisions as to the business terms of a contract, as well as retain responsibility for monitoring compliance with the contract throughout its term. Employees of the College are subject to various statutory prohibitions related to contracts including prohibitions against selling goods or services to the College, having an unlawful interest in a public contract, and soliciting or receiving improper consideration in the performance of the employee’s duties (e.g.(从外部供应商接收付款). There may be serious consequences for violating these laws, including criminal charges. For more information please refer to Ohio’s 道德 laws and the College’s 政策及程序.
合同签署权
合同 may only be signed by those College officials who have received delegated signature authority from the College’s 校董会. Failure to ensure that the appropriate signature authority is obtained may result in personal liability for the employees involved in the transaction. If you have any questions regarding the appropriate signer for a contract, 请与法律服务办公室联系.
常见的合同
The College has well established procedures for many routine contracting matters. If you have questions concerning these matters, please refer to the following links:
For construction contract questions please contact Capital & 建设;
For purchasing questions please contact please contact Supplier Managed Services.
合同基本要求
A. Signatures: All College contracts must be in writing and signed by both parties. The College signature must be obtained from the appropriate individual with signature authority for the contract.
B. Contracting Parties: The contracting party for all College contracts is “Cuyahoga Community College 区” regardless of campus or department. 如果对方是公司, 组织或其他法律实体, 合同中应包括其权利, 法定全名和地址.
C. 其他基本条款及条件:
All contracts should clearly state the following information:
- 合同当事人的名称;
- The dates or term, including any renewal provisions, of the contracts;
- The responsibilities and obligations of each of the parties;
- The responsibilities for costs and expenses involved in the contract;
- The terms (who, when, and how) of payment, if any; and
- The procedure for termination of the contract if such would be necessary (e.g., 90天通知或明确原因).
禁止或有问题的条文
The following contract provisions are either prohibited by applicable law or are problematic.
A. 赔偿/保持无害:学院, 作为俄亥俄州的政治分支, cannot indemnify or “hold harmless” another party in a contract.
B. Choice of Law/Governing Law/Jurisdiction/Venue: All contracts should be governed by Ohio law. Any provision that calls for the College to submit to any jurisdiction other than Ohio should be deleted.
C. Confidentiality: As a political subdivision of the State of Ohio, the College is subject to Ohio Public Records laws. 像这样, any provision that requires the terms of the contract, or specific information obtained during the term of the contract, to be kept confidential must be removed or modified. There are limited exceptions to this rule that may, 具体情况具体分析, 由法律事务厅核准.
D. Insurance: Contract provisions which require the College to maintain certain types or amounts of insurance may be in conflict with the College’s coverage. The Business Continuity office will need to be consulted on these types of clauses.