CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2361Introduced by Assembly Member WeberFebruary 13, 2018 An act to add Article 6 (commencing with Section 92060) to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 2361, as introduced, Weber. University of California: outsource contracts. Existing law establishes the 3 segments of public postsecondary education in this state, including the University of California, which is administered by the Regents of the University of California.This bill would require the Regents of the University of California to follow the directions of the bill with respect to service work performed by a contractor, as defined, pursuant to an outsource contract, as defined. To qualify as the lowest responsible bidder or the best value awardee, or otherwise to perform any service work for the University of California, the bill would require that a contractor agree to provide to the university and the office of the State Controller with specified information. The bill would direct that within 10 days of executing any outsource contract, the university or the contractor is to provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts, and to provide specified information if that information is not contained in the contract documents. The bill would require the office of the State Controller to publish specified information on an Internet Web site maintained by the office within 30 days of receiving the information. The bill would require the University of California, on or before January 31 of each calendar year, to provide to the office of the State Controller specified information regarding service work performed pursuant to an outsource contract during the prior calendar year. The bill would require the office of the State Controller, on or before March 31 of each calendar year, to publish that specified information on an Internet Web site maintained by the office. The bill would provide that the University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner and that if the University of California or the contractor fails to provide the office of the State Controller with the specified required information, or provides information that is false, the contractor is disqualified from bidding on any contract with the university for a period of 5 calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The California State Auditor has found that service workers employed by private contractors to provide services to the University of California are compensated far below the compensation level that the University of California provides to its own employees performing comparable services at the same locations.(b) The California State Auditor has found that the University of California has not shown sufficient justification for displacing its own career employees with lower paid, contract workers.(c) The California State Auditor has found that the University of California has not taken sufficient steps to ensure that its policies governing the compensation of contract labor are enforced.(d) The California State Auditor has found that the University of California has not adequately measured cost savings or efficiencies that may have resulted from its contracting practices.(e) It is a matter of statewide concern that the University of California not repeat past instances in which the university has squandered valuable public resources by means of contracting out to for-profit service contractors that charge significant administrative overhead and maximize their profits through low-wage practices.(f) The California State Auditor found that the University of California renews contracts repeatedly, often without regard for competitive bidding requirements resulting in a lack of transparency that is further compounded by the fact that the universitys contracting practices vary from location to location.SEC. 2. Article 6 (commencing with Section 92060) is added to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 6. Outsource Contracts92060. For purposes of this article, the following terms have the following meanings:(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) The start date and end date of each outsource contract.(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.(5) A description of the service work to be performed by each contractor.(6) The name of each university department responsible for the work, if any.(7) The name of each university location where the service work will be performed.(8) The annual dollar value of the outsource contract.(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:(A) Name.(B) Job title.(C) Analogous university title.(D) Analogous university title code.(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.(F) Gross pay received for service work performed pursuant to the outsource contract.(G) Regular pay.(H) Overtime pay.(I) Other pay.(J) Total hours worked.(K) Value of applicable defined benefit pension.(L) Value of retirement benefits other than defined benefit pension benefits.(M) Value of employer-paid health benefits.(N) Value of other employer-paid benefits.(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2361Introduced by Assembly Member WeberFebruary 13, 2018 An act to add Article 6 (commencing with Section 92060) to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, relating to postsecondary education. LEGISLATIVE COUNSEL'S DIGESTAB 2361, as introduced, Weber. University of California: outsource contracts. Existing law establishes the 3 segments of public postsecondary education in this state, including the University of California, which is administered by the Regents of the University of California.This bill would require the Regents of the University of California to follow the directions of the bill with respect to service work performed by a contractor, as defined, pursuant to an outsource contract, as defined. To qualify as the lowest responsible bidder or the best value awardee, or otherwise to perform any service work for the University of California, the bill would require that a contractor agree to provide to the university and the office of the State Controller with specified information. The bill would direct that within 10 days of executing any outsource contract, the university or the contractor is to provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts, and to provide specified information if that information is not contained in the contract documents. The bill would require the office of the State Controller to publish specified information on an Internet Web site maintained by the office within 30 days of receiving the information. The bill would require the University of California, on or before January 31 of each calendar year, to provide to the office of the State Controller specified information regarding service work performed pursuant to an outsource contract during the prior calendar year. The bill would require the office of the State Controller, on or before March 31 of each calendar year, to publish that specified information on an Internet Web site maintained by the office. The bill would provide that the University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner and that if the University of California or the contractor fails to provide the office of the State Controller with the specified required information, or provides information that is false, the contractor is disqualified from bidding on any contract with the university for a period of 5 calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2361
Introduced by Assembly Member WeberFebruary 13, 2018
Introduced by Assembly Member Weber
February 13, 2018
An act to add Article 6 (commencing with Section 92060) to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, relating to postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2361, as introduced, Weber. University of California: outsource contracts.
Existing law establishes the 3 segments of public postsecondary education in this state, including the University of California, which is administered by the Regents of the University of California.This bill would require the Regents of the University of California to follow the directions of the bill with respect to service work performed by a contractor, as defined, pursuant to an outsource contract, as defined. To qualify as the lowest responsible bidder or the best value awardee, or otherwise to perform any service work for the University of California, the bill would require that a contractor agree to provide to the university and the office of the State Controller with specified information. The bill would direct that within 10 days of executing any outsource contract, the university or the contractor is to provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts, and to provide specified information if that information is not contained in the contract documents. The bill would require the office of the State Controller to publish specified information on an Internet Web site maintained by the office within 30 days of receiving the information. The bill would require the University of California, on or before January 31 of each calendar year, to provide to the office of the State Controller specified information regarding service work performed pursuant to an outsource contract during the prior calendar year. The bill would require the office of the State Controller, on or before March 31 of each calendar year, to publish that specified information on an Internet Web site maintained by the office. The bill would provide that the University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner and that if the University of California or the contractor fails to provide the office of the State Controller with the specified required information, or provides information that is false, the contractor is disqualified from bidding on any contract with the university for a period of 5 calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.
Existing law establishes the 3 segments of public postsecondary education in this state, including the University of California, which is administered by the Regents of the University of California.
This bill would require the Regents of the University of California to follow the directions of the bill with respect to service work performed by a contractor, as defined, pursuant to an outsource contract, as defined. To qualify as the lowest responsible bidder or the best value awardee, or otherwise to perform any service work for the University of California, the bill would require that a contractor agree to provide to the university and the office of the State Controller with specified information. The bill would direct that within 10 days of executing any outsource contract, the university or the contractor is to provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts, and to provide specified information if that information is not contained in the contract documents. The bill would require the office of the State Controller to publish specified information on an Internet Web site maintained by the office within 30 days of receiving the information. The bill would require the University of California, on or before January 31 of each calendar year, to provide to the office of the State Controller specified information regarding service work performed pursuant to an outsource contract during the prior calendar year. The bill would require the office of the State Controller, on or before March 31 of each calendar year, to publish that specified information on an Internet Web site maintained by the office. The bill would provide that the University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner and that if the University of California or the contractor fails to provide the office of the State Controller with the specified required information, or provides information that is false, the contractor is disqualified from bidding on any contract with the university for a period of 5 calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The California State Auditor has found that service workers employed by private contractors to provide services to the University of California are compensated far below the compensation level that the University of California provides to its own employees performing comparable services at the same locations.(b) The California State Auditor has found that the University of California has not shown sufficient justification for displacing its own career employees with lower paid, contract workers.(c) The California State Auditor has found that the University of California has not taken sufficient steps to ensure that its policies governing the compensation of contract labor are enforced.(d) The California State Auditor has found that the University of California has not adequately measured cost savings or efficiencies that may have resulted from its contracting practices.(e) It is a matter of statewide concern that the University of California not repeat past instances in which the university has squandered valuable public resources by means of contracting out to for-profit service contractors that charge significant administrative overhead and maximize their profits through low-wage practices.(f) The California State Auditor found that the University of California renews contracts repeatedly, often without regard for competitive bidding requirements resulting in a lack of transparency that is further compounded by the fact that the universitys contracting practices vary from location to location.SEC. 2. Article 6 (commencing with Section 92060) is added to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 6. Outsource Contracts92060. For purposes of this article, the following terms have the following meanings:(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) The start date and end date of each outsource contract.(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.(5) A description of the service work to be performed by each contractor.(6) The name of each university department responsible for the work, if any.(7) The name of each university location where the service work will be performed.(8) The annual dollar value of the outsource contract.(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:(A) Name.(B) Job title.(C) Analogous university title.(D) Analogous university title code.(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.(F) Gross pay received for service work performed pursuant to the outsource contract.(G) Regular pay.(H) Overtime pay.(I) Other pay.(J) Total hours worked.(K) Value of applicable defined benefit pension.(L) Value of retirement benefits other than defined benefit pension benefits.(M) Value of employer-paid health benefits.(N) Value of other employer-paid benefits.(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) The California State Auditor has found that service workers employed by private contractors to provide services to the University of California are compensated far below the compensation level that the University of California provides to its own employees performing comparable services at the same locations.(b) The California State Auditor has found that the University of California has not shown sufficient justification for displacing its own career employees with lower paid, contract workers.(c) The California State Auditor has found that the University of California has not taken sufficient steps to ensure that its policies governing the compensation of contract labor are enforced.(d) The California State Auditor has found that the University of California has not adequately measured cost savings or efficiencies that may have resulted from its contracting practices.(e) It is a matter of statewide concern that the University of California not repeat past instances in which the university has squandered valuable public resources by means of contracting out to for-profit service contractors that charge significant administrative overhead and maximize their profits through low-wage practices.(f) The California State Auditor found that the University of California renews contracts repeatedly, often without regard for competitive bidding requirements resulting in a lack of transparency that is further compounded by the fact that the universitys contracting practices vary from location to location.
SECTION 1. The Legislature finds and declares all of the following:(a) The California State Auditor has found that service workers employed by private contractors to provide services to the University of California are compensated far below the compensation level that the University of California provides to its own employees performing comparable services at the same locations.(b) The California State Auditor has found that the University of California has not shown sufficient justification for displacing its own career employees with lower paid, contract workers.(c) The California State Auditor has found that the University of California has not taken sufficient steps to ensure that its policies governing the compensation of contract labor are enforced.(d) The California State Auditor has found that the University of California has not adequately measured cost savings or efficiencies that may have resulted from its contracting practices.(e) It is a matter of statewide concern that the University of California not repeat past instances in which the university has squandered valuable public resources by means of contracting out to for-profit service contractors that charge significant administrative overhead and maximize their profits through low-wage practices.(f) The California State Auditor found that the University of California renews contracts repeatedly, often without regard for competitive bidding requirements resulting in a lack of transparency that is further compounded by the fact that the universitys contracting practices vary from location to location.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The California State Auditor has found that service workers employed by private contractors to provide services to the University of California are compensated far below the compensation level that the University of California provides to its own employees performing comparable services at the same locations.
(b) The California State Auditor has found that the University of California has not shown sufficient justification for displacing its own career employees with lower paid, contract workers.
(c) The California State Auditor has found that the University of California has not taken sufficient steps to ensure that its policies governing the compensation of contract labor are enforced.
(d) The California State Auditor has found that the University of California has not adequately measured cost savings or efficiencies that may have resulted from its contracting practices.
(e) It is a matter of statewide concern that the University of California not repeat past instances in which the university has squandered valuable public resources by means of contracting out to for-profit service contractors that charge significant administrative overhead and maximize their profits through low-wage practices.
(f) The California State Auditor found that the University of California renews contracts repeatedly, often without regard for competitive bidding requirements resulting in a lack of transparency that is further compounded by the fact that the universitys contracting practices vary from location to location.
SEC. 2. Article 6 (commencing with Section 92060) is added to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, to read: Article 6. Outsource Contracts92060. For purposes of this article, the following terms have the following meanings:(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) The start date and end date of each outsource contract.(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.(5) A description of the service work to be performed by each contractor.(6) The name of each university department responsible for the work, if any.(7) The name of each university location where the service work will be performed.(8) The annual dollar value of the outsource contract.(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:(A) Name.(B) Job title.(C) Analogous university title.(D) Analogous university title code.(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.(F) Gross pay received for service work performed pursuant to the outsource contract.(G) Regular pay.(H) Overtime pay.(I) Other pay.(J) Total hours worked.(K) Value of applicable defined benefit pension.(L) Value of retirement benefits other than defined benefit pension benefits.(M) Value of employer-paid health benefits.(N) Value of other employer-paid benefits.(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.
SEC. 2. Article 6 (commencing with Section 92060) is added to Chapter 1 of Part 57 of Division 9 of Title 3 of the Education Code, to read:
### SEC. 2.
Article 6. Outsource Contracts92060. For purposes of this article, the following terms have the following meanings:(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) The start date and end date of each outsource contract.(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.(5) A description of the service work to be performed by each contractor.(6) The name of each university department responsible for the work, if any.(7) The name of each university location where the service work will be performed.(8) The annual dollar value of the outsource contract.(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:(A) Name.(B) Job title.(C) Analogous university title.(D) Analogous university title code.(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.(F) Gross pay received for service work performed pursuant to the outsource contract.(G) Regular pay.(H) Overtime pay.(I) Other pay.(J) Total hours worked.(K) Value of applicable defined benefit pension.(L) Value of retirement benefits other than defined benefit pension benefits.(M) Value of employer-paid health benefits.(N) Value of other employer-paid benefits.(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.
Article 6. Outsource Contracts92060. For purposes of this article, the following terms have the following meanings:(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) The start date and end date of each outsource contract.(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.(5) A description of the service work to be performed by each contractor.(6) The name of each university department responsible for the work, if any.(7) The name of each university location where the service work will be performed.(8) The annual dollar value of the outsource contract.(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:(A) Name.(B) Job title.(C) Analogous university title.(D) Analogous university title code.(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.(F) Gross pay received for service work performed pursuant to the outsource contract.(G) Regular pay.(H) Overtime pay.(I) Other pay.(J) Total hours worked.(K) Value of applicable defined benefit pension.(L) Value of retirement benefits other than defined benefit pension benefits.(M) Value of employer-paid health benefits.(N) Value of other employer-paid benefits.(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.
Article 6. Outsource Contracts
Article 6. Outsource Contracts
92060. For purposes of this article, the following terms have the following meanings:(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.
92060. For purposes of this article, the following terms have the following meanings:
(a) Analogous university title means the job classification, job title, or title code most likely to apply to the position held by a contractors employee if that employee were performing the same service work while employed directly by the University of California.
(b) Contractor means an entity that contracts with the University of California or otherwise arranges to provide the University of California with service work, including any vendor, management company, broker, staffing agency, or other third party intermediary. A contractors subcontractor, vendor, staffing agency, or other provider of labor is also included within the definition of a contractor in so far as that entity provides employees who are not employees of the University of California to perform services at a university location or for the universitys benefit.
(c) Outsource contract means a contract, purchase order, or other agreement to which the University of California is a party or beneficiary, including any extension, renewal, change order, revision to the contract, purchase order or other agreement, or other action taken that arranges for service work to be performed by employees who are not employees of the University of California at any university location or for the universitys benefit.
(d) Service work means building maintenance, cleaning or custodial services, call center services, dining and food services, gardening, grounds keeping and plant nursery services, laborer services, mail room services, parking, shuttle bus, or transportation services, security services, storekeeper services, truck driving services, patient care technical employee services, patient billing services, medical transcribing services, patient escort services, or nursing assistant services.
(e) University location means any building, facility, clinic, or grounds within or affiliated with any University of California campus, medical center, laboratory, or administrative entity that is owned, leased, or otherwise occupied in whole or in part by the University of California.
92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.
92061. The Regents of the University of California shall follow the directions of this article with respect to service work performed by a contractor pursuant to an outsource contract.
92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) The start date and end date of each outsource contract.(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.(5) A description of the service work to be performed by each contractor.(6) The name of each university department responsible for the work, if any.(7) The name of each university location where the service work will be performed.(8) The annual dollar value of the outsource contract.(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:(1) The universitys unique identification number, if any, for each outsource contract.(2) The full legal name of each contractor.(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:(A) Name.(B) Job title.(C) Analogous university title.(D) Analogous university title code.(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.(F) Gross pay received for service work performed pursuant to the outsource contract.(G) Regular pay.(H) Overtime pay.(I) Other pay.(J) Total hours worked.(K) Value of applicable defined benefit pension.(L) Value of retirement benefits other than defined benefit pension benefits.(M) Value of employer-paid health benefits.(N) Value of other employer-paid benefits.(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.
92062. (a) To qualify as the lowest responsible bidder or best value awardee, or otherwise to perform any service work for the University of California, a contractor shall agree in writing, in advance, to provide the university and the office of the State Controller with the information identified in subdivisions (c) and (e).
(b) The University of California and a contractor are each jointly and severally responsible for ensuring that accurate information is provided to the office of the State Controller in a timely manner. If the University of California or the contractor fails to provide the office of the State Controller with the information identified in subdivisions (c) and (e), or provides information that is false, the contractor shall be disqualified from bidding on any contract with the university for a period of five calendar years from the date that the accurate information should have been provided or the date on which the violation was discovered, whichever is later.
(c) Within 10 days of executing any outsource contract, or otherwise arranging for service work to be performed by employees that are not employees of the University of California at any university location or for the benefit of the University of California, the university or the contractor shall provide to the office of the State Controller a copy of the relevant contract documents, including all attachments and amendments and any and all subcontracts. The university or contractor shall provide to the office of the State Controller the following information, if the information is not included in the contract documents:
(1) The universitys unique identification number, if any, for each outsource contract.
(2) The full legal name of each contractor.
(3) The start date and end date of each outsource contract.
(4) The date or dates, if any, on which the university may exercise an option to renew or extend the term of each outsource contract.
(5) A description of the service work to be performed by each contractor.
(6) The name of each university department responsible for the work, if any.
(7) The name of each university location where the service work will be performed.
(8) The annual dollar value of the outsource contract.
(9) The approximate number of employees in each job classification estimated to perform service work for the university pursuant to the outsource contract.
(10) The hourly rate of pay to be provided to employees in each job classification that will perform service work at a university location or for the benefit of the University of California in each year of the outsource contract.
(11) The average hourly value of fringe benefits to be provide to the contractors employees while performing service work at a university location in each year of the outsource contract.
(d) Within 30 days of receiving the information required by subdivision (c), the office of the State Controller shall publish the information specified in subdivision (c) on an Internet Web site maintained by the office.
(e) On or before January 31 of each calendar year, the University of California shall provide to the office of the State Controller the following information regarding each contractor, and its subcontractors, providing service work pursuant to an outsource contract, or regarding any other entity that provided employees that were not employees of the University of California to perform service work at any university location or for the benefit of the University of California during the prior calendar year:
(1) The universitys unique identification number, if any, for each outsource contract.
(2) The full legal name of each contractor.
(3) For each employee performing service work at a university location or for the benefit of the university who was not an employee of the University of California, all of the following:
(A) Name.
(B) Job title.
(C) Analogous university title.
(D) Analogous university title code.
(E) Specific location worked, including name of the campus, medical center, laboratory, or administrative facility, if any.
(F) Gross pay received for service work performed pursuant to the outsource contract.
(G) Regular pay.
(H) Overtime pay.
(I) Other pay.
(J) Total hours worked.
(K) Value of applicable defined benefit pension.
(L) Value of retirement benefits other than defined benefit pension benefits.
(M) Value of employer-paid health benefits.
(N) Value of other employer-paid benefits.
(f) On or before March 31 of each calendar year, the office of the State Controller shall publish the information provided pursuant to subdivision (e) on an Internet Web site maintained by the office. If an employee of a contractor objects in writing to the publication of his or her name, the office of the State Controller may substitute a unique identifier in place of that individuals name and shall use the same unique identifier for that individual for all periods of time worked by that individual.