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.

Independent Contractors & Employer-Employee Relationships

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. These services are classified in one of two categories:

  • 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.

When departments choose to retain an individual (using Social Security # as their tax ID) 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.

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.

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 denies commercial filming as outside the mission 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

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

  • A complete, signed 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 registration and the proposed film script.
  • A certificate of insurance cmay be required, naming the Regents of the University of California as an additional insured and meeting the minimum requirements of the University.

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.Sweeny@ucsb.edu with any questions. 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 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 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.