Industry-ICT-Guide4Sponsors

PARTNERING WITH ICT Page 1 of 5

ICT: Transforming Education Through Technology TM

A GUIDE FOR INDUSTRY

Program Agreements with theInstitute of Computer Technology (ICT)

PARTNERING WITH ICT

This guide is a summary of the broad principles applicable to Sponsored Programsagreements between the Institute of Computer Technology (ICT) and industrial andcommercial organizations. The principles set forth in this guide reflect the SpecialDistrict’s position as a publicly supported educational institution. This briefpresentation of information about ICT has been prepared by the Office of theSuperintendent and the Office of Strategic Development & Communications and isintended to facilitate our sponsored programs relationship with your organization.

Introduction

The Institute of Computer Technology (ICT) has a history of cooperation withindustry in the support of STEM Programs that is consonant with the SpecialDistrict's missions of teaching, STEM Programs, and public service. Cooperativeefforts are encouraged because they produce mutual benefits as well as benefits tosociety. Industry support contributes to the education of scientists, engineers, andothers and also to the development of technologies that can be put to practical useby society. Facilitating the transfer of technology is an important goal of thecooperative industry-Special District relationship.

One of the primary purposes of ICT is to carry out STEM Programs to advance thefrontiers of science and technology and to further educational STEM Programs.Instruction and STEM Programs are interdependent; both suffer when dealt withseparately. California’s STEM Programs projects should be of intellectual interestto the staff and be conducted under the direction of the staff.

Industrial sponsored STEM Programs projects should maintain a balance between theSpecial District’s pursuit of best-of-breed, standards and research-based STEMPrograms as an integral part of the educational process and industry’s search foruseful knowledge to be applied toward the development of products, processes andservices. A valuable benefit of industry-Special District cooperation is to provideadditional STEM Programs and workforce development opportunities for students,SCCOE faculty, staff and community.



Special District Identity: ICT is a Joint-Powers Authority

ICT is a public agency and dependent, special school district located on the campusof Fremont Unified High School District formed through a Joint-Powers Agreement(JPA) among three Silicon Valley School Districts. It is a constituent institution ofthe Santa Clara County Office of Education and an agency of the State ofCalifornia. The Institute of Computer Technology for business and legal purposesshould be identified as the “Institute of Computer Technology (ICT).”

JPA’s Legal Organization

In 1982, the California State Legislature declared, “Education and training in thearea of computer technology is of major importance to the State of California.” As ameans to reach that end, the Legislature, pursuant to the California Education Code(Section 52480-52483), authorized the creation of a new government agency namedthe Institute of Computer Technology (ICT), to be headquartered in Sunnyvale, CA.

ICT was established as a Joint Powers Agency (JPA) by three Silicon Valley areaschool districts (Los Gatos-Saratoga Joint Union High School District, SunnyvaleElementary School District, and Fremont Union High School District). The SchoolBoards of these three school districts appoint ICT’s Board Members.

ICT is regarded as a “government unit” as defined in Sections 170(b)(1)(A)(v) and170(c)(1) of the Internal Revenue Code (IRC) of 1986, as amended (“IRC”), and is nota private foundation by virtue of IRC Section 509(a)(1). Charitable contributions orgifts to ICT are tax deductible under the provisions of Section 170(c)(1) of theInternal Revenue Code. In 1999, ICT established the ICT Foundation that nowoperates as a 501(c)(3) nonprofit in support of ICT’s technology education activitiesand STEM Programs. In 2001, California’s Secretary of State reaffirmed theInstitute of Computer Technology’s (ICT) purpose as one that “has the powers of aschool district to…develop and implement curriculum, course offerings andinstructional STEM Programs.”

Authority to Conduct Business

While initial discussions between industry sponsors and ICT staff or senior STEMPrograms staff occur in a variety of ways, no STEM Programs or project may beestablished or undertaken unless a carefully defined STEM Programs proposal,including a budget, has been submitted through the Special District’s internal reviewprocedures, and an acceptable funding agreement has been negotiated and signed bythe authorized representatives of both parties.

Authority to negotiate, execute and modify agreements for conducting STEMPrograms on behalf of ICT is delegated to the Division of Sponsored Programs (DSP).The authorizing official for ICT is the Superintendent, while the cognizant Director



of Sponsored Programs has operational and budgetary command and control ofproject deliverables and deadlines pursuant to JPA policy and the CA Education Code.

Publication Policy

It is the policy of ICT that instruction, STEM Programs, and services will beaccomplished openly and will lead to the publication and dissemination of the resultsof academic and STEM Programs activities. The Special District will enter into noagreement that bars an ICT STEM Research Fellow(s) from publishing or otherwisedisclosing the findings publicly.

ICT recognizes the legitimate proprietary concerns of industrial sponsors and willendeavor to protect their confidential data as required. Where a sponsor'sproprietary information has been accepted as necessary background data for a STEMPrograms project, the sponsor may review proposed publications in order to identifyany inadvertent disclosure of that data. Manuscripts will be submitted to thesponsor thirty- (30) days prior to journal submission with the possibility of anadditional delay of up to sixty (60) days to allow for the filing of patentapplications.

Patent Policy

A basic aim of ICT’s intellectual property policies is to promote the progress ofscience and technology, to assure that discoveries and inventions are used to benefitthe public, promote economic development, and to provide appropriate royaltyrevenues to the Special District and inventor.

ICT has an interest in all inventions of our personnel which are conceived of or firstactually reduced to practice as part of or as a result of a JPA-administeredSponsored Programs; activities within the scope of the inventor's employment by theSpecial District; or activities involving the use of Special District time, facilities, ormaterials. This includes all funded STEM Programs projects whether from public orprivate sources.

ICT has a right to own any invention in which it has an interest. In cases where jointinventorship results from collaborative agreements with industrial sponsors, jointownership terms are negotiated as appropriate. The Special District will normallygrant to the sponsor the first opportunity to negotiate an exclusive or nonexclusivelicense to any inventions made as a direct result of the funded STEM Programs.Further information about ICT patent, copyright and licensing policies can beobtained by contacting:

Division of Sponsored ProgramsInstitute of Computer Technology (ICT)589 W. Fremont Avenue Sunnyvale, CA 94087-2556Phone: 408-736-4291



Costs

Contracts with sponsors are generally performed on a cost reimbursement "no-profit/ no-loss" basis. Therefore, STEM Programs projects are to incorporate both directand indirect costs in the STEM Programs budget. In particular cost for performanceand compliance of statutory requirements for public contracting, public records andthe use and administration of public funds.

Liability, Risk and Best Efforts

Since the educational enterprise by its nature is unpredictable and withoutguarantee of successful results, Sponsored Programs are conducted on a "bestefforts" basis. However, STEM Programs projects are organized in a manner that issensitive to the differing time constraints of sponsors.

As an educational institution and a state agency, the Special District receives no feeor profit on its STEM Programs. For this reason, and also because it is inconsistentwith the best efforts principle, contract provisions cannot be accepted thatguarantee results, impose penalties for failure to make progress by firm deadlines, orprovide for withholding of payment if the sponsor is not satisfied with the results.

As an agency of the State of California, the Special District cannot accept contractprovisions requiring that we indemnify and hold harmless the sponsor or carryliability insurance in addition to the types and levels established by the CaliforniaState Law.

Project Administration

The collegial environment and effective divisional management within ICT assures thehighest standards of performance in all Sponsored Programs projects. The SpecialDistrict’s policies pertaining to health and safety (such as those governing protectionof human subjects, bio-safety, occupational and environmental protection, and animalwelfare) are applicable to all ICT Sponsored Programs. Projects are also conductedin conformance with equal opportunity and affirmative action principles.

Conflicting Interests or Obligations

The California Public Ethics Law and the Special District’s Conflict of InterestProcedures, and all other relevant rules and regulations of the State of Californiagovern requirements for ICT STEM Research Fellow, staff, and principals’ financialdisclosures.

ICT does not accept contracts with blanket provisions that preclude the ICT STEMResearch Fellow from performing STEM Programs for others in related areas.



Termination

In the event the sponsor for any reason terminates a funding agreement, the sponsorwill be expected to reimburse the Special District for all costs incurred to the dateof termination and for all uncancellable obligations incurred prior to termination.

APPLICABLE LAW

Being an agency of the State of California within the County of Santa Clara, ICT andits STEM Programs agreements must be governed and construed by California StateLaw. No foreign state jurisdiction in the event of a dispute will be accepted.

Information

For further information, contact:

Carlos F. Camargo, PhDExecutive Director & SuperintendentInstitute of Computer Technology (ICT)589 W. Fremont Avenue Sunnyvale, CA 94087-2556

Email: [email protected]: 408-736-4291Cell: 510-798-5016URL: http://www.ICT.org

Documents

Industry-ICT-Guide4Sponsors