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Section 67327 Of Chapter 14.27. Contracts From California Education Code >> Division 5. >> Title 3. >> Part 40. >> Chapter 14.27.
67327
. (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.
