California Law (Last Updated: March 4, 2014) |
Education Code - EDC |
Title 3. POSTSECONDARY EDUCATION |
Division 5. GENERAL PROVISIONS |
Part 40. DONAHOE HIGHER EDUCATION ACT |
Chapter 14.27. Contracts |
Section 67326.
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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.