A contract is a written agreement between two or more competent parties requiring that either parties do (or not do) certain acts specific in the agreement. A formal contract is needed for any agreement with a non-CSULB entity entity.
The Chancellor’s office defines a contract as “Contracts, agreements, interagency agreements, memorandum’s of agreements, memorandum’s of understandings, partnerships, alliances, collaborative agreements, or any relationships where the CSU is both acquiring goods or services or supplying (or exchanging) supplies goods, services, facilities, expertise, or other CSU assets and resources...” (ICSUAM 1101 ).
“The policy objective of Contract Services is to ensure the efficient and thoughtful transfer of any authority for contracting and procurement activities”. (ICSUAM 5102.00 5102.00)
Even agreements where no money is changing hands must be signed by a person with authority if the agreement, binds or obligates the university to perform an act, or causes the university to incur liability for the acts of others. The university may choose to disclaim responsibility for unauthorized contracts or purchases, making the payment or performance obligations the personal responsibility of the person who improperly approved or signed an agreement agreement.
If you are unsure whether a document you were asked to sign is a contract, the safest action is to contact Procurement & Contractual Services.
The authority to purchase goods, services or to enter into contracts is delegated by state law to the Board of Trustees of the CSU (Education Code § 89036, Public Contract Code § 10430(a), 12100.5, and 12120). The Board of Trustees delegated that authority to the Chancellor of the CSU (ICSUAM 5101) who in turn delegated the same authority to the campus Presidents (Executive Order 775 & ICSUAM 5102).
Contract Review Procedure
If the contract you need reviewed involves an expenditure of money, the document should first be sent to Procurement through an authorized requisition. The assigned buyer will then work with Contractual Services to make the necessary revisions and to obtain signatures.
For academic programs that require an internship as part of the course requirement, the relationship between the University and receiving site is memorialized through an “Affiliation” or “Student Field Placement” agreement. The agreement secures the student’s access to the site and ensure that the site’s personnel will supervise the student and provide a meaningful experience. The agreement also defines the relationship between the University, the site, and the student.
An agreement between the University and the internship site is only necessary for unpaid internships that are for academic credit.
Paid internships, or any other internship that is not for academic credit (i.e., the student desires experience within a certain field or with a specific company), do not require an agreement between the University and the site since the University is not coordinating the internship experience.
Selecting a Site
Academic programs that manage an academic internship are responsible for assessing the site prior to student placement. The academic programs are encouraged to review the following policies in order to receive guidance on site assessment:
Internships located outside of the State of California
In order to minimize risk and comply with the requirements of university insurance programs, internships should take place within the State of California. If a department desires to place a student in an internship located outside of the State of California, then Risk Management approval will be required BEFORE the placement is made. Contract Services will obtain information from the academic program and request a risk evaluation.
Placements at other CSU Campuses
If an academic program arranges an internship at another CSU campus, do not utilize the template agreement. Advise Contract Services of the placement so that we can contact the receiving CSU campus’s contracting department. In some instances, the Office of General Counsel will need to review and approve the agreement, which will be coordinated by Contract Services.
Contract Services has developed approved templates for contracting with internship sites. Once an academic program determines the site for a student internship, the department will then send the approved template to the internship site for review and approval.
A copy of the signed agreement should be returned to the academic program (scanned and emailed is acceptable). The academic program will then email the agreement to Contract Services for signature and final processing.
Only Procurement & Contractual Services is authorized to sign an Affiliation Agreement or Student Field Placement Agreement. Students should not begin their internships before the agreement is approved and signed by Contract Services.
If an internship site requests modification of the University template, please contact Contract Services to determine if such revisions are possible.
If an internship site requests to use its template Affiliation Agreement, please forward this agreement to Contract Services for review and potential negotiation of terms.
After Contract Services signs and processes the new or renewal agreement, a copy will be provided to the academic program.
Current agreements may be viewed at existing agreements (password required)
Contract Services will work with the internship coordinator when an existing agreement needs to be renewed.
The Contracts Manager can be reached by calling 562.985.4558.
CSU Insurance Requirements
Hiring someone (individual, contractor, corporation, etc.) to perform a service for CSULB involves risks. The type and level of risk will vary depending on the services to be performed. The CSU requires contracts contain certain minimum insurance coverages and limits in order to mitigate those risks. Inclusion of the insurance requirements for any particular purchase, activity or contract will be reviewed in conjunction with CSULB’s Risk Management department.