Creating a Business Contract

Affiliation agreements are formal agreements between UC Merced and another accredited academic institution.

• These agreements involve one party providing education, training, or clinical experience essential for a specific institutional academic degree or course objective but not accessible at the student's home institution.

UC Merced engages in agreements with various entities, including non-profit organizations, companies, other institutions of higher education, and other types of organizations.

• These agreements aim to directly or indirectly support the university's mission of research, teaching, and public service. Partnerships may involve collaborative activities supported by multiple organizations, including the UC, as well as revenue-sharing partnerships with private or public entities.

UC Merced engages in agreements where staff, faculty, and departments utilize university resources to provide services to external parties.

• These agreements follow a pre-approved revenue rate structure determined by the campus. However, revenue agreements related to sponsored research or involving intellectual property rights and transfers should be directed to Sponsored Programs.

Note: Upon execution of the agreement, departments are required to establish a project in Project Portfolio Financial Management (PPFM). This project setup is necessary to manage invoicing and receive payments efficiently.

UC Merced engages in agreements where either:

1. The University provides funds to another entity in exchange for specific benefits
2. The University receives funds from another entity in exchange for certain benefits.

A typical example of a sponsorship benefit is using the sponsor's name or logo in promotional material to acknowledge them as a sponsor.

Note: If the University provides funds to an organization for an event without any direct benefit to the university, a sponsorship agreement may not be suitable in such cases. Payments for event tickets should be processed through established entertainment procedures.

Trademark Licensing Agreements play a vital role in promoting, protecting, and enhancing the reputation of the UC brand.

• These agreements ensure careful management and control of the usage of the UC brand name on consumer products, guaranteeing that the "UC Merced" name appears on high-quality products manufactured under fair, safe, and humane working conditions. Whenever another party intends to use or produce UC Trademarked names or images, a Trademark Licensing Agreement is necessary.

For the purchase of any item requiring a Trademark Licensing Agreement, it is recommended to utilize the UC Merced Bookstore, which is operated through the UC Merced partnership with Follet Higher Education.

A Memorandum of Understanding (MOU) serves as a written agreement between UC Merced and an external party, fostering collaboration and providing a comprehensive understanding of the roles and expectations of the collaborative partners.

The MOU encompasses mutually guiding principles, a defined term, and appropriate requirements or scope to ensure fairness and achieve mutually satisfactory outcomes. Additionally, the MOU establishes dispute resolution mechanisms and includes any other necessary details to facilitate effective collaboration.

Performers encompass a diverse range of individuals, such as musicians, dancers, magicians, disc jockeys, and lecturers or speakers (for entertainment purposes, not education). These performers are engaged to provide entertainment at various events or functions.

Such agreements may encompass a range of services, including hotel agreements, audio/visual, lighting, staging, recording, and various other services.

• These agreements are essential to support events hosted both on and off UC Merced locations. They ensure the necessary resources and support are in place to facilitate successful events.

An Occupational Health Agreement refers to any agreement established to prioritize the health and safety of university employees by collaborating with a health service provider or similar entity.

• These agreements are developed and overseen through collaborative efforts involving UC Medical Affairs Counsel, UC Merced Counsel, Campus Risk
• The objective is to ensure a comprehensive approach to occupational health management and employee well-being.

Consulting agreements are designed for the analysis and assessment of functions, programs , or departments, with the purpose of evaluating future opportunities and providing recommendations for improvements or future actions.

• These agreements focus on the analytical aspects and provide guidance based on the assessment.

On the other hand, professional services agreements primarily involve specialized services that require unique skills, experience, or licensing.

• They encompass services like system implementations, executive recruitment, and similar areas where specific expertise is necessary.
• Unlike consulting agreements, professional services agreements typically do not include specific recommendations for future action, distinguishing them from consulting engagements.

These agreements are typically requested when a company or UC Merced seeks to engage in a service arrangement and requires the ability to:

1. Discuss the specific project details extensively before committing to the work
2. Ensure the confidentiality and non-disclosure of any proprietary or confidential information exchanged between the parties.

Such agreements are not typically required if the work is already underway and the other party solely seeks to ensure confidentiality, as our standard services agreement already includes comprehensive confidentiality provisions.

Note: Non-disclosure or confidentiality agreements related to the purchase of commodities are handled by Procurement & Contracting Services. For agreements related to research projects, they are processed by Sponsored Programs.

If a department at UC Merced wishes to borrow equipment from an external entity or lend equipment to an outside entity without any financial transaction involved, it is essential to initiate the process by submitting a request through Business Contracts.

UC Merced engages in agreements with individuals or companies that specialize in executive personnel recruitment.

• These executive search agreements require pre-approval by Human Resources to ensure compliance and adherence to established guidelines.

Examples of agreements may include arrangements where the university obtains the rights to utilize websites for

• Book sales and rentals
• Applications for licenses
• Applications for shipments to embargoed countries

Business Contracts is responsible for handling agreements related to utility services, including gas and electricity, for the Merced campus.

For use of non-UC land or facilities for authorized university business or events.