Contracts, Procurement, and Risk Management CPRM

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Contracts, Procurement, and Risk Management (CPRM)
Open Forum

• Wednesday, November 18, 2009
• 900 a.m.

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Pandemic Press
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The symptoms

• headache
• irritability
• muscle aches
• nausea
• blurred vision
• dehydration

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The cause

• The Wine Flu!

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The symptoms

• depression
• frustration
• helplessness
• overwhelmed
• disbelief

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The cause

• The Whine Flu!

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Topics of the Day

• Zip Car Introduction Business Use Overview
• Cal Poly Trademark and Licensing Policy
• Updated Release Agreements
• DVBE/SB Updates
• Sustainability
• P-Card updates
• Cost Saving Review Service
• Event Planning updates and reminders
• Q A

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ZipCar Introduction Business Use
OverviewPresented by Susan Rains
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GuidelinesBusiness Use Sign-Ups

• Cal Poly employees that need to use a ZipCar for
  State business may be eligible for a Business Use
  Membership subject to Department approval.
• Cal Poly employees requiring a Business Use
  Membership will submit their names for approval
  to the appropriate Approving Official.
• Department Approving Official will submit
  approved name(s) with associated speed chart
  number to Susan Rains, Commuter Services
  Coordinator, for membership application.
• ZipCar will respond with the Business Use
  Membership info to the new Business Use Member
  and to the Department Approving Official.
• Business use membership is free to Cal Poly
  Employees.

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Business Use Membership Guidelinesfor Cal Poly
Employees

• All Business Use Memberships for Cal Poly
  employees shall be pre-approved by their
  department administration.
• All payments for ZipCar use on State business
  will be via a department chargeback process.
• Cal Poly employees using a Zipcar under their
  business use membership shall not use the vehicle
  for personal use.
• Cal Poly does not allow any staff reimbursements
  for ZipCar usage, whether the usage is business
  or personal.

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Business Use Membership Guidelinesfor Cal Poly
Employees

• Cal Poly employees shall not hand off their
  Business Use Membership card to a student for
  ZipCar rental for State or personal use as this
  will invalidate insurance coverage.
• Cal Poly employees shall not require students to
  use their Personal Use membership for any State
  business as this will invalidate insurance
  coverage.
• The only person that can drive the ZipCar is the
  account holder for that specific reservation. The
  user cannot allow anyone else to drive the car
  during their reserved time
• Zip Car members are responsible for
• - reporting vehicle cleanliness issues
  after use (ie I spilled coffee on seat),
• - ensuring vehicles are fueled when
  required, and
• - reporting any accident/damages as a
  result of use.

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ZipCar Business Usage Billing Process

• After use of the vehicle, the Business Use Member
  and the Department Approving Official will
  receive an e-mail statement from Zip Car. (No
  payment action is required at this time.)
• Upon receipt of the ZipCar monthly billing,
  Accounts Payable will chargeback each business
  users department via speedchart for their use.
• Cal Poly Accounts Payable will make the monthly
  payment to ZipCar.
• The Business User and Department Approving
  Official should validate the chargeback using the
  e-mailed ZipCar use statement received at the
  time of the reservation.
• Cal Poly and ZipCar will develop Usage Data
  Reports for use by the departments.

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A Reminder About Personal Use Memberships by
Faculty, Staff and Students

• Students shall not use their Personal Use
  Membership card to rent ZipCars for use on State
  business. This includes any requests by faculty
  or staff which would require ZipCar rental.
• Cal Poly employees shall not use their Personal
  Use Memberships for State business use.
• Cal Poly does not allow reimbursements for ZipCar
  usage, whether the usage is business or
  personal.
• The only person that can drive the ZipCar is the
  account holder for that specific reservation. The
  user cannot allow anyone else to drive the car
  during their reserved time.
• ZipCar members are responsible for
• - reporting vehicle cleanliness issues after use
  (ie I spilled coffee on seat),
• - ensuring vehicles are fueled when required,
  and
• - reporting any accident/damages as a result of
  use

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Cal Poly Trademark and Licensing Policy

• Purpose

• Cal Poly Trademark Licensing Program exists to
  protect and promote the trademarks (names, marks,
  logos) of California Polytechnic State
  University.
• July, 2009 - Cal Poly partnered with Collegiate
  Licensing Company (CLC) to assist in the
  implementation and management of our licensing
  program.

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Trademarks
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Goals of Trademark Licensing Program

• Promote and protect Cal Poly marks through
  implementation of a management system.
• Fulfill the legal obligation to protect the
  marks.
• Protect the consumer from deception or from
  faulty or inferior products and services bearing
  the University's marks.
• Provide fair and equitable treatment of all
  licensees.
• Earn royalties for the benefit of the University.

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Campus Departments

• Must source commercial and consumer products
  bearing any Cal Poly trademark through a licensed
  vendor.
• Commercial and consumer products include goods
  for resale, or to be given away.
• Items used for promotional purposes (giveaways,
  etc.) are considered commercial.

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Official University Business

• Print products used for official University
  business are excluded from the licensing
  requirement
• Business cards
• Letterhead
• Envelopes
• University publications
• Advertising for purposes of institutional and
  event promotions
• Require appropriate use of University marks per
  Print Graphic Identity Standards on Public
  Affairs website. www.publicaffairs.calpoly.edu
• Print Partners can be found on the CPRM website.

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Getting Merchandise Produced Approved

• Step One. Check our website for the current list
  of licensed manufacturers, screen printers, or
  local retailers.
• Step Two. Check the royalty exemption chart and
  determine if your product is exempt or
  non-exempt.
• The manufacturer will require the exemption
  status and how the product is being used.
• Step Three. If you have decided to have
  emblematic merchandise produced, supply the
  licensed manufacturer with your art work.

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Getting Merchandise Produced Approved (cont.)

• Step Four. The manufacturer will submit the
  artwork electronically, via the CLC website, for
  approval by the Trademark Licensing Coordinator.
  
• If the request is not approved, the Trademark
  Licensing Coordinator will identify required
  changes before the artwork can be approved.
• Step Five. Once approval is received, the
  manufacturer can complete the order.
• Timeframe 48 hours

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ROYALTIES

• All products are royalty bearing unless shown as
  exempt on the Royalty Chart.
• General rule
• A product is generally subject to royalty fees
  if a University trademark is utilized and the
  product is for (1) resale and (2) profit, e.g.
  fundraising, etc.

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ROYALTY EXEMPTIONS

• A product purchased by the University or a
  University recognized student club or
  organization for
• Internal consumption.
• For sale at cost to their members.
• Promotional products given away by these groups
  are considered products for internal consumption.
• Excess product cannot be sold to non-members, but
  can be given away to non-members.
• Advertising rights to use the Marks as granted in
  corporate sponsor agreements.

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Contacts

• Trademark Licensing website
• http//trademark.calpoly.edu
• Licensing Coordinator
• Kim Shank, x65306

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Updated Release Agreements

• Agreement to accept financial responsibility for
  personal injury during voluntary activities.
• Many versions are in use across campus
• Field trips, sports, fun runs, recreation events

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Updated Release Agreements

• Executive Order 1041 Student Travel Policy
• Provides common language for releases
• The risky part of most of these activities is the
  travel to and from the event.
• The more specific the better

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Updated Release Agreements

• UNIVERSITY RELEASE AGREEMENT
• RELEASE OF LIABILITY, PROMISE NOT TO SUE,
  ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS
• New version on Risk Management web site
• http//www.afd.calpoly.edu/cprm/releaseagreements
  .asp?pid5

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Updated Release Agreements

• Changes include
• Longer title
• Plain language that they promise not to sue
• Bold text for key phrases
• Emphasizes travel to, from and during the
  activity
• The form still needs to be customized for
  specific activities.

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DVBE Updates

• Changes to DVBE Participation(Disabled Veteran
  Business Enterprise)

This past July, California Senate Bill 115 was
passed and changed the State of Californias
requirement for meeting DVBE goals in public
agency contracting.
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DVBE Requirements

• The simple requirement of a Good Faith Effort
  has been removed.
• California law now requires that state agencies
  achieve a mandatory 3 participation of DVBEs
  in state contracts.

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DVBE Definition

• In accordance with CSU Policy
• Disabled veteran business enterprise
  contractor, subcontractor, or supplier, means
  any person or entity that has been certified by
  the Office of Small Business and DVBE Services
  and that performs a commercially useful
  function in providing services or goods that
  contribute to the fulfillment of the contract
  requirements.

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DVBE Participation

• In order to satisfy this requirement, Cal Poly
  will purchase from DVBE suppliers and contractors
  who meet the 3 DVBE requirement by
• Being a registered California DVBE (see links
  next page) and committed to performing not less
  than 3 of the contract dollar amount with its
  own forces or in combination with those of other
  DVBEs
• If not a DVBE, supplier is committed to use
  DVBEs for not less than 3 of the Contract
  dollar amount

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Resources and Information

• Bid Sync http//www.bidsync.com/DPXBisCASB
• Contracts, Procurement, and Risk Management, Leah
  Kirklin, lkirklin_at_calpoly.edu, [phone].
• CA Small Business and DVBE Services
  www.dgs.ca.gov [phone]
• Compliance News www.compliancenews.com
• Networking with DVBE commodity and service
  providers
• Vendor Conferences

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Sustainability

• Cal Poly Earns Top Grades for Sustainability
• GreenReportCard.org has named Cal Poly a Campus
  Sustainability Leader for 2010 for its ongoing
  efforts in sustainable campus practices - the
  only California State University campus to earn
  the award.
• Thanks to Cheryl Mollan, LEED-AP Project Manager,
  and her team.

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LEED Sustainable Purchasing

• Cheryl Mollan LEED-AP
• Project Manager, Project Administrator for LEED
  OM
• Email cmollan_at_calpoly.edu
• Phone [phone]

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LEED OM

• LEED OM
• Leadership in Energy and Environmental Design
  Operations Maintenance
• Product / Program developed by US Green Building
  Counsel (USGBC)
• Offers 3rd party verification of sustainable
  practices
• 6 Categories and 92 Credits total
• Sustainable Sites
• Water Efficiency
• Energy Atmosphere
• Materials Resources
• Indoor Environmental Quality
• Innovations in Operations

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Materials Resources

• Reduce the quantity of waste while improving the
  building environment
• Materials brought into building-
• Sustainable Purchasing through material selection
• Materials taken out of the building-
• Recycling, Reuse

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Sustainable Purchasing

• Ongoing Consumables-
• paper, notepads, envelopes, toner cartridges,
  batteries, desk accessories
• Points per credit increment 40, 50, 60
• Purchases contain
• 10 postconsumer and/or 20 postindustrial
  content
• 50 rapidly renewable material
• extracted and processed 50 within 500 miles
• 50 Forest Stewardship Council (FSC) certified
  paper products
• Rechargeable batteries

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Sustainable Purchasing

• Durable Goods
• Electric-Powered Equipment
• ENERGY STAR
• Furniture 40 of total purchase
• 10 postconsumer and/or 20 postindustrial
• 70 material salvaged from off or onsite
• 50 rapidly renewable material
• 50 FSC certified wood

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P-Card updates

• Status of the CSU RFP

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Cost Reduction Initiative

• These difficult economic conditions challenge us
  to look for more cost effective use of our
  available budgets.
• Procurement is developing reports to help analyze
  departmental purchasing patterns.
• This info will be used to help departments
  determine more cost effective purchasing choices.

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Cost Analysis Service

• CPRM will offer their analytic services to
  departments wishing to find ways to reduce their
  purchasing spent.
• We expect to have this service available in Jan.
• If you would like to volunteer your department to
  participate in the initial analysis, please
  contact Greg Melnyk at 6-5457.

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Event Planning Updates and Reminders

• We have seen an increase in the number of events
  planned by clubs, student class projects and
  senior projects where one of the objectives is to
  raise money.
• If Club activities include fund raising, and the
  are destined for club use, be reminded these
  fund raising activities and fund uses are
  overseen by Student Life and Leadership and the
  funds collected are treated as State funds, and
  their use must follow State guidelines.

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Event Planning Updates and Reminders

• If student class projects or senior projects
  involve fund raising, and the are destined for
  College/department use, be reminded these fund
  raising activities and the funds collected must
  be coordinated through their respective College
  Advancement offices.
• If student class projects or senior projects
  involve fund raising, and the are destined for
  some other outside use, be reminded the funds
  collected are treated as State funds, and their
  use must follow State guidelines. (eg cannot be
  used as charitable donations)

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Shipments arriving from International sources

• Requests from campus customers for Contracts and
  Procurement to arrange customs clearance of goods
  from international sources seem to be increasing.
• We generally find out after the fact (goods
  arrive at Port of Entry and we need to provide
  Customs Clearance) without background info.
• Goods are sometimes purchased but most often
  loaned or donated.

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Shipments Arriving from International Sources

• New US Customs and Homeland Security rules
  require document filing prior to shipment of
  goods from international sources starting Jan
  26th, 2010.
• This applies to all goods whether purchased,
  loaned or donated.
• Failure to do so will result in rejected
  shipments or substantial delays, exams and
  penalties.
• Please contact Contracts and Procurement at least
  30 days prior to shipment from international
  source.

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Surplus Property And Moving

• Internal Reallocation
• Come visit the surplus warehouse. Its located in
  building 50J, off of Mt. Bishop Rd on the west
  side of parking lot H-1
• Visit the on line auctions. Navigate to
  www.publicsurplus.com . After you have logged in,
  select California under the Region pull down menu
  and Cal Poly SLO under the Agency pull down menu.
  View current auctions.
• All auctions with an icon of a key are for
  internal reallocation.
• Internal reallocation lasts for 14 days, then the
  auction goes up for public sale.

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Surplus Property And Moving

• Creating an account
• 1) Navigate to www.publicsurplus.com/CA/calpoly/e
  mployee
• 2) Enter Registration Code WAGE 93 MANN 75
• 3) Complete the rest of the form and register
• Request registration instructions and code by
  email surplus_at_calpoly.edu

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Surplus Property And Moving

• Understanding how your new account works
• Internal Reallocation Auctions
• Along with the key icon the price will be zero
• Claimed instantly - first come, first serve
• Departments can pick up items or the Moving Crew
  can deliver for a fee (Moving Request Form)
• If bidding on an auction for personal use make
  sure it is not on internal reallocation.

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Question Answer

• Thank you for attending!