1. Council for Education Policy, Research and Improvement Council Meeting August 13, 2003 Ft. Myers, Florida

2. Multi-Year Contracts One Legislature can not bind a future LegislatureOne Legislature can not bind a future Legislature Due to the separation of powers, the executive branch can not bind the legislature in funding executive agreementsDue to the separation of powers, the executive branch can not bind the legislature in funding executive agreements Contracts must contain funding contingency statementContracts must contain funding contingency statement Constitution can bind the LegislatureConstitution can bind the Legislature

3. Contract Contract Template – p. 3Contract Template – p. 3 Contract Specifications – p. 5Contract Specifications – p. 5 Process – p. 17Process – p. 17

4. Contract Template Parties to the Contract: University and…Parties to the Contract: University and… –Legislature? –Board of Governors? –State Board of Education? –Governor? Staff Recommendation:Staff Recommendation: –Contract should be between the University and the Board of Governors

5. Proposed Contracting Process CEPRI Submits Report Nov. 1, 2003CEPRI Submits Report Nov. 1, 2003 BOG Recommends Process to LegislatureBOG Recommends Process to Legislature Legislature Statutorily Authorizes ProcessLegislature Statutorily Authorizes Process BOG Develops Process within Legislative FrameworkBOG Develops Process within Legislative Framework University Develops ProposalUniversity Develops Proposal CEPRI Recommends Criteria for BOG to Use in Evaluating University ProposalsCEPRI Recommends Criteria for BOG to Use in Evaluating University Proposals BOG & Univ. Negotiate & Sign ContractBOG & Univ. Negotiate & Sign Contract University Implements ContractUniversity Implements Contract BOG Submits Annual ReportsBOG Submits Annual Reports CEPRI Reviews after Three YearsCEPRI Reviews after Three Years

6. Contract Template ConsiderationConsideration –Appropriate? –Recommend? –Request? Staff Recommendation:Staff Recommendation: –Request (for Board of Governors)

7. Contract Template Point of Contact for First PartyPoint of Contact for First Party –Chancellor? –Commissioner? –Governors staff? –Legislative staff? Staff RecommendationStaff Recommendation –Chancellor (for Board of Governors)

8. Contract Template Point of Contact for University:Point of Contact for University: –President? –Provost? Staff Recommendation:Staff Recommendation: –President or his/her designee

9. Contract Template Term of Contract: Effective DateTerm of Contract: Effective Date –Immediately? –July 1 of subsequent fiscal year? Staff Recommendation:Staff Recommendation: –July 1 of subsequent fiscal year

10. Contract Template Term of Contract: Ending DateTerm of Contract: Ending Date –June 30 th of first fiscal year? –June 30 th of fifth fiscal year? –June 30 th of tenth fiscal year? Staff Recommendation:Staff Recommendation: –June 30 th of fifth fiscal year

11. Contract Template Resolution of Disputes:Resolution of Disputes: –Mandatory arbitration? –State Board of Education? –The court system? Staff Recommendation:Staff Recommendation: –Mandatory arbitration

12. Contract Template Execution by the First Party:Execution by the First Party: –Chair of Board of Governors? –Chancellor? –Commissioner? –Chair of State Board of Education? –President & Speaker? –Governor? Staff Recommendation:Staff Recommendation: –Chair of Board of Governors AND Chancellor, upon approval of BOG

13. Contract Template Execution by the University:Execution by the University: –Chair of Board of Trustees? –President? Staff Recommendation:Staff Recommendation: –Chair of Board of Trustees AND President – upon approval of Board of Trustees

14. Contract Specifications Performance Expectations:Performance Expectations: –Programs and Services – Aug. & Sept. –Customer Satisfaction - September Fiscal Specifications:Fiscal Specifications: –Tuition Flexibility – July, August & Sept. –Financial Aid – July, August & September –Base Appropriations - September –Funding Increases - September –Fixed Capital Outlay - September Incentives and Penalties - SeptemberIncentives and Penalties - September