Many industrial-university research relationships are for collaborative research. Some relationships may seem more commercial to the industry. All UC`s work must somehow transmit our mission of teaching, research and public service. The contract used by UC for certain types of business relationships is called a “service agreement” and contains certain conditions to correct mission-related differences in this industry-university relationship. UCL also requires information on its commitments for research activities that are often better documented in a legally binding agreement, in order to review and account for research activities. The first step is to talk to the industry representative about what they are asking for. You may already have a rate that includes both direct and indirect costs for the service you discussed. If this is not the case, you must estimate the projected direct costs for the project and then add the indirect costs. Once you have agreed on who/what/when/where and how much, contact one of UC Davis` contract units that deal with most service contracts: the Purchasing and Business Contracts Office or the Sponsored Programs Office. UC Davis` relevant office will develop, negotiate (if necessary) and execute the service agreement. There are other agreements, commonly referred to as “service agreements,” in which Yale will perform work such as providing medical services at a local clinic or the “service fee.” Under the “services tax” agreement, the external entity would have ownership of the research results, including intellectual property (IP), and would impose confidentiality obligations on Yale, including, possibly, prevention or highly restrictive publications. Such conditions are generally not acceptable to Yale, as such research-related conditions at Yale Yale should allow for control of research (the conduct of the research is to the person of the faculty), the results of this research should be made available to the public through publication and presentation, and Yale should possess a new IP development from the commitment. As a result, “service pricing” agreements are negotiated and approved only in limited circumstances.
The goods and services we offer are not with commercial promises and guarantees. UCL funders and employees wait (and often require) a research contract to contribute and follow a project or transaction with UCL. These agreements form the basis of each party`s obligation to carry out the assigned work within an agreed time frame, to exchange, pay or pay for information and equipment. In a service agreement, it is necessary to clearly identify how services fit into the UC`s mission. For example, services using company equipment or supplies could provide students with a unique education that they would not otherwise get. The university provides services to outside companies on the basis of “no-profit/no loss,” as well as for the conduct of industry-sponsored research. Service budgets must provide both direct and indirect costs of services. The rate and method of applying costs corresponds to the operating facilities and administrative costs negotiated.
You should also expect the terms of the contract to cover the dates of the services, the connection or the product you must receive, with detailed specifications, the agreed terms of payment and cost, termination, waiver of guarantees and liability, compensation, termination addresses and communication methods, as well as contact points for both parties. Service agreements at Yale may also raise economic concerns, as these activities may impose independent corporate tax liability (UBIT), may constitute “private use” for tax-exempt loan financing calculations, and/or Yale may compete inappropriately with for-profit organizations.