Please Note: This procedure applies only to non-UC employees.

If the person you want to hire is an employee or has been an employee within the past 2 years, please consult with Contracts, Human Resources and/or Academic Personnel. You will find information relating to the hiring of former employees at the California Law Web Page.

If the speaking engagement is associated with an academic activity, you may be able to pay via an honorarium. Please refer to accounting.ucsb.edu for more information on honoraria procedures.

A letter of understanding, a contract or a purchase order can substantiate speaker fees not associated with an academic activity. In the case of a contract, please complete a "Request for Services" form and submit a signed original to the Contracts Office.

GUIDELINES:

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INSTRUCTIONS:

1. Letter of understanding ( Contact Business Services x 4670)
   A letter of understanding is a minimum requirement and can only be used for the most basic speaker engagements. You may use a letter of agreement between the speaker and the department if all of the following conditions exist:
   
   
   • The payee is not a current UC employee nor have they been an employee within the past 2 years
   • The total cost (fees plus expenses) is $1,500 or less
   • The event is a simple speaking engagement and the University provides all audiovisual and other equipment

   • The speaker does not require special arrangements of any kind

What should the letter say?
A letter of understanding from the sponsoring campus organization is sent to the speaker and must state the essential details of the engagement, including:

• The type of engagement (i.e., speaking or training)
• The reason for the event or the topic
• The duration of the event
• The date
• The location of the event
• The fee plus any associated incidental expenses to be paid
• The speaker's signature, social security number, and home address
• The provider's Social Security or Tax ID number

This letter is kept in the department's files and a copy is attached to the Form 5 sent to Accounting & Financial Services for speaker payment.

2. Purchase Order
   For a purchase requisition and order please visit Purchasing's website.
   

Note for all speakers regarding tax reporting and reimbursement of associated incidental expenses:

Any reimbursement of associated incidental expenses, such as travel, will be included in the total reported on IRS Form 1099 to California and Federal tax authorities at year end. The only exception will be for expenses reimbursed on a separate travel expense voucher processed under the University's travel policy. Merely identifying such expenses in the contract or on the invoice will exclude them from withholding but not from reporting.

If you have any questions, please contact the UCSB Contracts office at x4670.

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REQUIREMENTS:

Insurance (to be evaluated by Risk Management and Contracts on an individual basis)
Trainer/Speaker, at its sole cost and expense, shall insure its activities in connection with the work under this order and obtain, keep in force, and maintain insurance as follows:

1. General liability: $1,000,000
   
   
2. Automobile Liability Insurance:
   Business Automobile Liability Insurance for owned, scheduled, non-owned or hired automobiles with a combined single limit of not less than $1,000,000 per occurrence. Self-employed consultants must submit proof of Automobile Liability insurance for owned or hired automobiles showing limits of no less than $250,000 per person/$500,000 per accident.
   
3. Professional Liability Insurance: $1,000,000
   
4. Workers' Compensation for company employees as required by California State law.

Notice
All notices, correspondence and communication regarding the performance of services which are the subject of this Agreement, shall be made as follows:

UCSB Contracts
3203 SAASB
Santa Barbara, CA 93106-2090
805.893.4670
805.893.8521 fax

Indemnification
Trainer/Speaker shall indemnify, defend and hold harmless the University, its officers, agents, and employees, from and against any claims, damages, costs and expenses, including an amount equal to reasonable attorney's fees or liabilities arising out of or in any way connected with this agreement including, without limitation, claims, damages, expenses, or liabilities for loss or damage to any property, or for death or injury to any person or persons in proportion to and to the extent that such claims, damages, expenses, or liabilities arise from the negligence or willful acts or omissions of Trainer/Speaker, its officers, agents, partners, or employees.

Conflict of Interest

1. Provider shall not hire any officer or employee of University to perform any service covered by this agreement. If the work is to be performed in connection with a federal contract or grant, Provider shall not hire any employee of the United States government to perform any service covered by this agreement.
   
   
2. Provider affirms that to the best of his/her knowledge there exists no actual or potential conflict between Provider's family, business or financial interests and the services provided under this agreement. In the event of a change in either private interests or service under this agreement, Provider shall provide written notice to University within 30 days after such change, noting those areas where a conflict of interest may occur.
   
   
3. Provider shall not be in a reporting relationship to a University employee who is a near relative, nor shall a near relative be in a decision-making position with respect to the Provider.

Taxes
Total fees and expenses will be reported as income to federal and state tax authorities. It is up to the Provider to document any deductible expense reimbursements on his or her tax return.

If you are a California non-resident who does work inside the State of California, it is understood that the University shall withhold from the compensation described above the full amount of any and all taxes required withheld by the laws of the State of California. The University shall inform the Provider of the withholding status determined by the franchise tax board of the State of California. The University shall remit such amount directly to the State of California franchise tax board to be credited to the Provider's California state income tax account, settlement of which must be made by the Provider with the State of California through: Franchise Tax Board, P.O. Box 651, Sacramento, CA 95812-0651, telephone 916-845-6262.

Copyright
The University shall have the sole power to determine whether or not a copyright application shall be filed for any published report or other document resulting from the work performed under this agreement. Provider will, at University expense and at University request, execute all documents and do all things necessary or proper with respect to such copyright application.

Payment for Services
Payments shall be made upon approval of invoices submitted by Provider in accordance with this agreement. No payments shall be made in advance of work performed except as specified in this agreement. Final payment may be withheld pending evidence that Provider has completed all work in accordance with the terms of this agreement.

Please provide an invoice with the following information:

• Contract number
• Course title, course code and date of the course you taught
• Fee for the course
• List of additional expenses with original receipts

Mail the completed invoice to the department sponsoring the event.

Records About Individuals
The State of California Information Practices Act of 1977, as well as University policy, sets forth certain requirements and safeguards regarding records pertaining to individuals, including the rights of access by the subject individual and by third parties.

If the Provider creates records about an individual of a confidential or personal type, including notes or tape recordings, the information shall be collected to the greatest extent practicable directly from the individual who is the subject of the information. When collecting the information, the Provider shall inform the individual that the record is being made and the purpose of the record. Use of recording devices in discussions with employees is permitted only as specified in this agreement.

Ownership and Access to Records
While ownership of confidential or personal information about individuals shall be subject to negotiated agreement between the University and the Provider, records will normally become the property of the University of California and subject to state law and University policies governing privacy and access to files.

Confidentiality
The Provider shall use his or her best efforts to keep confidential any information provided by the University and marked "confidential information," or any oral information conveyed to the Provider by the University and followed by a written communication within thirty (30) days that said information shall be considered confidential information. This non-disclosure provision shall not apply to any of the following:

1. Information, which the Provider can demonstrate by written records, was known to him or her prior to the effective date of this agreement;
   
   
2. Is currently in, or in the future enters, the public domain other than through a breach of this agreement or through other acts or omissions of the Provider; or
   
   
3. Is obtained lawfully from a third party.

Applicable Law
The laws of the State of California shall govern this agreement.

Entire Agreement
The Contract contains the entire agreement between the parties and supersedes all prior written or oral agreements with respect to the subject matter herein. Any modification to the Contract must be on a Contract Amendment.

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