Procurement Services

Contract Considerations

Agreements/contracts may only be signed by those with specific delegated signature authorization to sign contracts.  Department Chairs, directors, PI's, and business officers may not sign agreements or contracts on behalf of the University or the UC Regents, and if they do the contracts may be considered unenforceable. If the contract is found to be valid, the signatory may be held personally liable for the contract.

The Univeristy of California is a co-equal branch of the Government; many provisions in vendor contracts need to be modified to comply with State Law. Please provide a copy of the contract to Procurement using the Contract Request Form in Gateway as soon as your department has decided on the service; alterations to the contract can take many weeks to negotiate.

Independent Contractor

An independent contractor relationship exists when the University has the right to control only the result of the service, not the manner of performance.  Arrangements to secure the services of an Independent Contractor may be entered into only when the services are so unique, specialized, or highly technical that they cannot be performed economically or satisfactorily by existing University Staff. Policies and procedures for Independent Contractors at the UC are governed by BUS-77. These services are classified in one of two categories:

  • Personal services, performed by independent contractors are generally infrequent, technical, or unique functions performed by individuals, rather than partnerships, firms, or corporations.  When departments choose to retain an individual (using Social Security # as their TIN) for services other than through normal employment procedures, they must ensure that no employer-employee relationship will exist with that individual. Click here for a Summary and Scenarios of the Public Contract Code for Conflict of Interest.
  • Professional services are performed by entities identified by an Employer Identification Number (EIN). Examples include auditing, advertising, management and systems consultation, research, and training. Both Personal and Professional services require the UC to substantiate Price Reasonableness by using the Form M if non-federal funds are being used. Federal funds will require a Form A over $3,499.99. Need help navigating the Form M and A? Click here for a decison tree.

According to IRS Common Law Standards for Independent Contractors:

  • provide atypical, infrequent, and non-recurring services
  • provide similar services to other clients and/or businesses outside of the University
  • engage in entrepreneurial activities in an established business, at risk for profit or loss
  • receive little or no training, supervision, or instruction from the University
  • currently do not receive a paycheck from nor is an employee of the UC system
  • are responsible to determine the means and methods to use to perform services
  • provide their own supplies, equipment, etc. necessary to perform services and cost for such will be included in rate or total fee
  • maintain commercial general liability insurance to protect against work-related injuries and damage to University property
  • will set their own priorities on time, amount of effort, and hours of work
  • do NOT provide services that are similar to those currently being provided by UC employees

Consultants

Consultants are an individual not employed by the University, of proven professional or technical competence, who provides professional or technical advice to the University. The University does not control either the manner of performance or the result of the service. These services are of an advisory nature, provide a recommended course of action, or personal expertise, and an end product which is basically a transmittal of information either written or verbal. Policies and procedures for Independent Consultants at the UC are governed by BUS-34.

The California Public Contract Code (Section 10365.5) and University of California policies prohibit the University from entering into a subsequent contract with a consultant for the performance of services that the consultant previously recommended. If the department contemplates that a consultant might later provide the services that he or she will recommend, this possibility must be included in the initial agreement with that independent consultant.

Speaker and Trainer Agreements

If a department is bringing in a speaker using an Honoraria payment, you will NOT need a contract. The following conditions must be met to qualify for an Honoraria:

  • The payee is not a current UC employee nor have they been an employee within the past 2 years
  • The event is a simple speaking or training engagement and the University provides all audiovisual and other equipment
  • The speaker does not require special arrangements of any kind
  • The training is of a general nature, and not a specific skill that would require the trainer to hold a certification

Catering

September 18, 2015
To:       Campus Community
Fr:        Ron Varenchik, Special Events Catering & John Lazarus, UCen Catering
Re:       On-Campus Catering

Dear Campus Community,

As your on-campus caterers, UCen Catering and Special Events Catering know that securing catering for a UCSB related event can be a confusing process.  Who do you call?  Can you use an off-campus vendor? What is needed in order to make payment?  Do you need a permit?  To make this process more straightforward and reliable we have updated the Catering Permit process.  We have also updated both the FAQ and Catering Fact Sheet which are available on the EH&S/Risk Management website http://www.ehs.ucsb.edu/riskmanagement/catering-concessions. The FAQ and Catering Fact Sheet are designed to be able to provide you with guidance throughout the process.

If you have additional questions, you may always contact Ron Varenchik at rvarenchik@housing.ucsb.edu or John Lazarus at john.lazarus@ucen.ucsb.edu. The updated Catering Permit, updated Catering Fact Sheet and Current List of Approved Off-Campus Vendors can all be found on the EH&S/Risk Management website http://www.ehs.ucsb.edu/riskmanagement/catering-concessions.

Additionally, we have attached a simple to use Event Planning Guide that can serve as a checklist when you are planning your next event. We hope that you find these updates and planning aids to be simple and helpful. We look forward to helping your next event be a success!

 

Film & Photography Permits

A film permit is required for any commercial (non-educational) still photo shoot, motion picture, or television production on University of California, Santa Barbara property. Any news-related or educational filming is handled through the Office of Public Affairs.

Click here for a copy of the Film Permit Application. Once the requestor fills this out, please send to contracts@bfs.ucsb.edu for campus review and approval.

The information you provide will be the basis for a Film Permit if one is approved and executed by the University.

Please note the following restrictions and guidelines applicable to film/photo permit applications:

  • A complete, signed original application must be received a minimum of 10-business days prior to the start of filming/shooting (including set-up). Requests with less notification may not be honored.
  • All UCSB parking fees are applicable and not included.
  • A copy of the vendor's insurance certificate(s) must be on file, naming the Regents of the University of California as an additional insured and meeting the minimum requirements of the University.
  • A $250 non-refundable application fee is required once our office and the Vice Chancellor, Administration Services office approves the application. Checks must be made payable to The Regents of the University of California. For commercial filming, a $3,000.00 day fee is assessed.

The University of California has the right to deny any request.

Real Estate and Property

Real estate and property agreements consist of licenses, leases/rentals, and easements.  Please contact Procurement Services (contracts@bfs.ucsb.edu) with questions related to these types of agreements.  Only those with delegated authority may sign these agreements.

"Click to Pay" Agreements

Online Agreements like social networking sites, software licenses, and cloud storage are called "Click to Pay" or "Click to Accept". These Agreements consist of terms that can violate the UC standing bylaws, and are difficult to manage. Here are some common contractual obligations to look for when asked to "Agree" to allow an app or software license to download to a UC computer:

If you have any questions about allowing someone in your department to "Agree" to one of these Agreements, please contact us at Contracts@bfs.ucsb.edu. We can provide the risks associated with accepting the Agreement terms associated with your particular download.

Revenue Agreements - UC-Provided Services

If your department wishes to contract for UC-provided services (revenue to your department), you will need a Rate and Recharge package or approval through Budget and Planning prior to contract execution. The approval is required annually, and adheres to policies Academic Personnel Manual APM-020 (link is external) and BFB policy A-56 (link is external). Departments will be directed to complete an Unrelated Business Income questionnaire. Note: as a Section 501(c)(3) entity, the UC must be operated exclusively for charitable and educational purposes. We will be looking at your contract request to ensure the substance of the agreement meets the UC Mission.

If you are unsure of whether or not your department needs to submit a Services Agreement through our department, or if it's Research and should go through Office of Research, our department Form B can help route it correctly.

Here is a helpful resource when working between Procurement and Office of Research: UCSB Transaction Requirements: Procurement, Construction, and Office of Research

Employees vs. Contractor

Federal and state laws and regulations, and University of California policies, require that the University properly classify a service provider as an independent contractor with whom the University may enter into a contract for services or as an employee whom the University must hire. The Contracts and Property Office will make this classification using an “Eleven Factor Test” from the Internal Revenue Service.

An employer-employee relationship exists when the University has the right (whether or not it exercises the right) to supervise and control the manner of performance, as well as the result of service. Agreements with employees are based on standard employment practices through Human Resources.

BUS-43 - Materiel Management
http://policy.ucop.edu/doc/3220485

BUS-34 - Securing the Services of Independent Consultants
http://policy.ucop.edu/doc/3220478

BUS-77 - Independent Contractor Guidelines
http://policy.ucop.edu/doc/3220483

Intellectual Property

While Industry collaboration and License/Research agreements should be processed through TIA, agreements for services involving written works, editing, software, website design, logo design, artwork, film, or photography can be processed through Procurement Services. These agreements often involve copyright, trademark, and other intellectual property issues. Such agreements typically give rise to issues involving ownership and licensing rights and, consequently, such agreements often require particular scrutiny and review by Procurement Services.

Supplier Provided Agreements

If a supplier provides their own agreement/contract template, please attach the agreement to the Contract Request Form in Gateway. Please DO NOT sign anything from the supplier. When working with suppliers, keep in mind that smaller suppliers may not have the ability to make changes to their template, due to costs involved with using their attorney/counsel to review changes. The following types of clauses can be found in supplier agreements and will require additional review and potential changes by our office:
  • Choice of Venue
  • Indemnity and Limitation of Liability
  • Automatic Renewals
  • Signing Bonuses
  • Prepayment Requests
  • Use of the UC Name/Logo

Data Security and Confidentiality

If the supplier will be collecting any of the following types of data:

  • Personal Information
  • Credit Card Information
  • Health Information
  • Student Information

then the contract will incorporate additional language to ensure the data is kept secure and confidential.

 

SANTA BARBARA COUNTY (DAY-USE) FACILITY USE AGREEMENTS

Santa Barbara/Goleta day use park facility Use Agreements – Procurement & Risk Management worked with the County of Santa Barbara to develop a UCSB template that the departments can sign (yes, really!) for rentals of the Santa Barbara/Goleta day use parks. To request a Reservation Application/Agreement, please email reservations@sbparks.org, and let them know you're with UCSB. Alternatively, you can leave a message at 568-2461, and tell them you are calling from UCSB.  Please ignore the outgoing message asking you to complete a reservation, and leave a voicemail instead. Please DO NOT complete the County of Santa Barbara Online Reservations form; it contains terms and conditions that we cannot agree to. If you need a Special Use Permit, please send over to contracts@bfs.ucsb.edu, and we'll make a few modifications, then sign and send back to the County. Any questions - contact Calli Price at x3723.