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. Click here for a matrix of those with Delegation of Authority on campus.

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.

What are professional or personal services at the UC?

The UC system recently updated the definitions of personal and professional services, which may be exempt from the formal competative bid requirement:

  • Personal services, defined as:
    Technical or unique functions performed by a supplier that is distinctly qualified to render the services. Personal services are of a nature that the University would consider the supplier’s experience, qualifications and skills to be more important than comparative cost when selecting a supplier. Examples of personal services include translation services, technical editing, technical appraisals, transaction valuation, coaching, interior decorating, and contracts with musicians, artists and others in the performing arts
     
  • Professional services are defined as:
    Highly specialized functions, typically of a technical nature, performed by a supplier that, with respect to the services to be rendered, most commonly a) has a professional license; b) is licensed by a regulatory body; and/or c) is able to obtain professional errors and omissions insurance. Professional services are of a nature that the University would consider the supplier’s experience, qualifications and skills to be more important than comparative cost when selecting a supplier. Examples of professional services include medicine and related medical services, and legal, accounting, architectural, and engineering services.

 

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.

The California Public Contract Code (Section 10515) 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. This was enacted in 2002, in SB 1467 as a prohibition of "follow-on contracts". 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.

Speakers & Honoraria

If a department is bringing in a speaker using an Honoraria payment, you will NOT need a contract. Please use Gateway to pay for speakers or Honoraria.
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-services. The FAQ and Catering Fact Sheet are designed to be able to provide you with guidance throughout the process.

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-services.

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

Film permits are required for any filming done on campus, and is subject to approval, an application fee and a site fee. The University of California has the right to deny any request, and does not approve commercial filming. This type of activity is outside the mission of the University. If you are a current UCSB student and need to film as part of a class requirement, please obtain permission per the following instructions:

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

  • A complete application must be received a minimum of 20-business days prior to the start of filming/shooting (including set-up).
  • All UCSB parking fees are applicable and not included.
  • A permit fee of $250 may be required.
  • Any student requests will need to be accompanied by the student's current film class code, and the proposed film script.
  • A certificate of insurance may be required, naming the Regents of the University of California as an additional insured and meeting the minimum requirements of the University.
  • please contact all of the following people on campus in the same email: Jennifer.Lofthus@vcadmin.ucsb.edu; Andrea.Estrada@ucsb.edu; Karen.Jeffers@ucsb.edu

Real Estate and Property

Real estate and property agreements consist of licenses, leases/rentals, and easements.  Please contact UCSB's Director of Real Estate Services: Daniel.Sweeney@ucsb.edu with any questions. Only those with delegated authority may sign these agreements.

"Click to Accept" Agreements

Online Agreements like social networking sites, software licenses, and cloud storage are called "Click to Accept". These Agreements consist of “fine print” terms that can violate UC policy or our bylaws, and are difficult to manage. The tiny or hidden text (via link) often includes unfavorable terms and conditions. Cambridge Dictionary states fine print is sometimes written "in the hope that it will not be noticed." But, these tend to be pretty important!

Such terms that can be problematic for your department or UCSB include:

  • Auto-renewal terms
  • Cost increases and hidden fees
  • Exclusivity
  • Limitation of Liability
  • No warranties
  • Use of University’s name/logo for marketing purposes
  • Use of your data with perpetual license
  • Hold harmless or indemnification of third parties
  • Arbitration/Mediation
  • Governing Law

The University's first position is to enter into a written, signed contract that includes compliance with UC policy and the Standing Order. Procurement exists to protect your department and the University. However, some vendors refuse to accept any changes to their "Click to Accept" process. Contact Risk Management to determine the risk associated with clicking "Accept" if your department chooses to proceed after attempting first to enter into a contract with the Regents through Procurement. Clicking "Accept" can mean you are entering into the contract personally, i.e. not on behalf of the UC.

Revenue and Sponsorship Agreements

For revenue agreements, click here: www.bfs.ucsb.edu/procurement/revenue-contracts

Santa Barbara County 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 (large events with decorations, extra furniture, and/or in-person Catering) it's more expensive. The standard day-use permit does not include Special Use Permits; please send over the Special Use Permit to contracts@bfs.ucsb.edu, and we'll make a few modifications to the agreement, then sign and send back to the County. Any questions - contact Calli Price at x3723.

Payment can be made using your department FlexCard, or on an Entertainment/Travel Form 5.

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 some 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
  • Credit Card processing

Data Security, Privacy, and Confidentiality

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

  • UC Institutional Information, which may include any of the following (not this list is not exhaustive):
  • Employee Information
  • Credit Card Information
  • Health Information
  • Student Information
  • Trade secrets, and/or research information

...the transaction will need to be processed as a contract. Please submit a Contract Request Form in Gateway, and attach a fully completed IT Data Worksheet. Procurement will work with ETS to incorporate the UC Data Security Appendix into the contract to ensure UC's data is kept secure and confidential.