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Chapter 14.27. Contracts of California Education Code >> Division 5. >> Title 3. >> Part 40. >> Chapter 14.27.
For the purposes of this article, "contract" means a
research, training, or service agreement between the state and the
University of California or the California State University, or a
grant from the state to the University of California or the
California State University for research, training, or service.
The Legislature finds and declares all of the following:
(a) The University of California and the California State University comprise two important parts of the state's public university system.
(b) The University of California and the California State University receive about six billion dollars ($6,000,000,000) from the State General Fund each year.
(c) In the 2006-07 fiscal year, state agencies and departments entered into more than 2,500 contracts or contract amendments with the University of California and the California State University.
(d) Many of these contracts contain similar provisions, such as provisions dealing with issues relating to liability, intellectual property, the right to undertake additional research, the right to publish, hiring, personnel, invoicing, and payments.
(e) The provisions of each contract or contract amendment are typically negotiated between attorneys representing the state agencies and departments and attorneys representing the University of California and the California State University.
(f) The drafting of many of these contracts takes six months to a year, and, in many cases, the state is paying for both sides of the contract negotiations.
(g) It would be more cost effective and efficient if the state and the University of California and the California State University would establish standardized "boilerplate" provisions that would apply to all contracts between the state and the University of California or the California State University, allowing for variations only in unusual situations.
(h) The federal government has established the Federal Demonstration Partnership, which provides for uniform contracting provisions.
(a) The University of California and the California State University comprise two important parts of the state's public university system.
(b) The University of California and the California State University receive about six billion dollars ($6,000,000,000) from the State General Fund each year.
(c) In the 2006-07 fiscal year, state agencies and departments entered into more than 2,500 contracts or contract amendments with the University of California and the California State University.
(d) Many of these contracts contain similar provisions, such as provisions dealing with issues relating to liability, intellectual property, the right to undertake additional research, the right to publish, hiring, personnel, invoicing, and payments.
(e) The provisions of each contract or contract amendment are typically negotiated between attorneys representing the state agencies and departments and attorneys representing the University of California and the California State University.
(f) The drafting of many of these contracts takes six months to a year, and, in many cases, the state is paying for both sides of the contract negotiations.
(g) It would be more cost effective and efficient if the state and the University of California and the California State University would establish standardized "boilerplate" provisions that would apply to all contracts between the state and the University of California or the California State University, allowing for variations only in unusual situations.
(h) The federal government has established the Federal Demonstration Partnership, which provides for uniform contracting provisions.
(a) The Department of General Services, acting for the
state, shall, negotiate and establish a model contract with standard
contract provisions with the Regents of the University of California
and a model contract with standard contract provisions with the
Trustees of the California State University by July 1, 2010. The
trustees shall, and the regents are urged to, negotiate and establish
with the Department of General Services the model contract
applicable to their university by July 1, 2010. The Department of
General Services shall seek the active participation of state
agencies and departments that have contracts with the University of
California or the California State University. The model contract may
be revised in a manner determined by the University of California or
the California State University and the Department of General
Services, in consultation with state agencies and departments that
have contracts with the University of California or the California
State University. To the extent feasible, these standard contract
provisions shall include, but not necessarily be limited to,
provisions relating to all of the following:
(1) Liability.
(2) Intellectual property.
(3) The right to undertake additional research.
(4) The right to publish.
(5) Hiring and other personnel-related matters.
(6) Invoicing.
(7) Payments.
(8) Dispute resolution.
(9) Travel.
(10) Termination.
(11) Administrative overhead and indirect costs.
(b) The standard provisions in a model contract agreed upon pursuant to subdivision (a) shall be used in contracts entered into between the University of California or the California State University and the state, unless both contracting parties mutually determine that a specified standard contract provision is inappropriate or inadequate for a specified contract.
(c) In implementing this section, the Department of General Services may use the services of any state agency, as that term is defined in Section 11000 of the Government Code.
(d) The Department of General Services and the University of California or the California State University, in consultation with state agencies and departments that have contracts with the University of California or the California State University, may determine those types of contracts for which the use of the model contract would be inappropriate or inadequate.
(e) It is not the intent of the Legislature that the model contract provisions waive the requirements of the law.
(1) Liability.
(2) Intellectual property.
(3) The right to undertake additional research.
(4) The right to publish.
(5) Hiring and other personnel-related matters.
(6) Invoicing.
(7) Payments.
(8) Dispute resolution.
(9) Travel.
(10) Termination.
(11) Administrative overhead and indirect costs.
(b) The standard provisions in a model contract agreed upon pursuant to subdivision (a) shall be used in contracts entered into between the University of California or the California State University and the state, unless both contracting parties mutually determine that a specified standard contract provision is inappropriate or inadequate for a specified contract.
(c) In implementing this section, the Department of General Services may use the services of any state agency, as that term is defined in Section 11000 of the Government Code.
(d) The Department of General Services and the University of California or the California State University, in consultation with state agencies and departments that have contracts with the University of California or the California State University, may determine those types of contracts for which the use of the model contract would be inappropriate or inadequate.
(e) It is not the intent of the Legislature that the model contract provisions waive the requirements of the law.
The California State University and the University of
California, if the University of California participates in the model
contracting process created pursuant to this chapter, shall be
responsible for the facilitation and associated support costs of the
Department of General Services required to implement the provisions
of this chapter, excluding the Department of General Services' legal
costs.
