AGREEMENT BETWEEN THE CHANCELLOR'S OFFICE OF THE UNIVERSITY OF CALIFORNIA AT BERKELEY AND THE DAILY CALIFORNIAN JOURNALISM TRAINING PROJECT
AGREEMENT BETWEEN THE CHANCELLOR'S OFFICE OF THE UNIVERSITY OF CALIFORNIA AT BERKELEY AND THE DAILY CALIFORNIAN JOURNALISM TRAINING PROJECT
1. PARTIES: This Agreement is by and between the Chancellor's Office of the University of California at Berkeley ("Berkeley") and the Daily Californian Journalism Training Project, a registered student organization at the University of California at Berkeley ("DCJTP"). The goals of the DCJTP shall be to offer to UC Berkeley students, faculty, and staff the opportunity to receive hands-on training in basic journalism skills by working at the DCJTP. This Agreement is entered into by Berkeley, according to the authority delegated to it by the Office of the President of the University of California, and the responsibility of the Chancellor's Office shall be solely that of collection agent. The execution of this Agreement by the University shall in no way be construed as an endorsement or sponsorship by the University of California or the Regents of any action taken or proposed by the DCJTP.
2. TERM: This Agreement supersedes any and all prior written and oral agreements and shall be in effect for the five year period beginning on the first day of class for the Fall semester 1997 and remain in effect until the close of the Spring semester 2002, unless terminated sooner by the parties or by action of this Agreement.
3. VOLUNTARY PLEDGE SYSTEM: This Agreement establishes the DCJTP Voluntary Student Fee Pledge System at Berkeley in accordance with the "Guidelines for Implementing a Voluntary Student Fee Pledge System" issued by the Office of the President on December 28, 1992 pursuant to the provisions of the University of California's Voluntary Student Fee Policy. The terms of this Agreement are subject to modification when changes are made in the computing system used to collect fees, in University policy related to the collection of voluntary fees, or in the interpretation of said policy. The DCJTP will be included in prior consultation and provided the opportunity to work closely in cooperation with the administration regarding any changes affecting this Agreement or in the proposed system for collecting pledges, or to the billing statement or billing procedures as they affect the DCJTP or the DCJTP fee. There is no intent to bar a student from contributing financial support to the DCJTP through any other means.
4. USE OF FUNDS: The fees remitted under this Agreement shall be used to support the formation and operation of the Daily Californian Journalism Training Project. A copy of the DCJTP Constitution is attached as Exhibit A.
5. AMOUNT OF FEE: The DCJTP fee established under the terms of this Agreement shall be Five Dollars ($5.00) per student per semester unless increased by a student referendum during the term of this Agreement.
6. VOLUNTARY PLEDGE FEE: The pledge is a mechanism by which a student may act affirmatively to contribute to the DCJTP by pledging to pay a voluntary fee each semester for the duration of the student's academic career at Berkeley, unless reversed in writing. A valid pledge form shall include, at a minimum, the student name, student identification number, student signature and date signed, the amount of the pledge, information that the fee will be billed for each semester that the student is enrolled at Berkeley, reversal and appropriate privacy act notifications. The wording of the pledge that will be used is attached hereto as Exhibit B and made a part hereof. Any changes to the pledge wording, except where required by changes in policy as provided for in Clause 3, must be agreed upon by both parties in advance of dissemination.
7. DISSEMINATION OF INFORMATION: The DCJTP may disseminate information regarding its activities and the pledge fee system and may make pledge forms available to students in the course of its usual campus activities, including but not limited to tabling on Sproul Plaza, class announcements, and student orientation information sessions. These activities shall be in compliance with appropriate campus regulations. Pledge forms may be available at the Loans and Receivables Office and the Office of the Registrar. The DCJTP may disseminate pledges through appropriate University mailings, if the DCJTP pays any new costs associated with adding pledge information to the mailing.
8. EXECUTION OF PLEDGES: Students may execute pledges throughout the year by submitting completed, signed pledge forms to the DCJTP. The DCJTP will then create an electronic file of the pledge information in a format required to facilitate student eligibility verification on the student database and the billing of fees. A signed pledge form is presumed valid if the student's identification number and birth date as shown on the form match with university records of same.
By April 1 for the Spring semester and November 1 for the Fall semester, the file of pledged students will be submitted to the campus Administrative Systems Department to determine if those who pledge are eligible to register for the term for which they are to be billed. The DCJTP will include pledges received after the deadline for each semester in the electronic data provided to the Administrative Systems Department in the subsequent semester and will delete data for students who submit a reversal before the semester deadline.
Once a student has pledged to pay the DCJTP fee each semester, such pledge is effective for the duration of the student's academic career at Berkeley, unless reversed in writing.
9. PLEDGE REVERSAL: If, after a student has pledged to pay the DCJTP fee, the student decides that he or she no longer wishes to pay the fee, the student may reverse the pledge. Pledge reversal may be accomplished by submitting to the DCJTP an executed pledge reversal form, which shall include at a minimum the student's name, student identification number, signature, date of signature, date of birth, a statement by the student requesting the reversal, and appropriate privacy act notifications. Pledge reversal forms shall be distributed at campus locations where pledge forms are available. Students may execute and submit pledge reversal forms throughout the year. The date by which a pledge reversal form must be submitted in order to be effective for the following term's billing is the same date as provided for pledge submission previously in this Agreement.
The DCJTP shall provide information on pledge reversal procedures in materials describing the methods for executing a pledge. Reversal forms will only be applied to the next billing cycle.
10. REFUNDS: The Pledge shall state that no refunds of the DCJTP funds paid will be made, and refunds for the DCJTP fees already billed will not be available. All requests for refunds received by the campus will be directed to the DCJTP.
11. CONTINUATION OF THE PLEDGE SYSTEM: The DCJTP shall maintain a minimum percentage of students who pay the DCJTP fee. The DCJTP Voluntary Student Pledge Fee shall not be billed to any student at Berkeley until at least 10% of the total student body at Berkeley has submitted a pledge to pay the fee. If, by the end of the billing cycle of the next academic year following implementation, and in any year thereafter, the percentage of students pledging does not equal at least 20% of the appropriate student body, an official student referendum shall be held regarding the continuation of the DCJTP pledge system. The 20% requirement shall be considered satisfied if the number of students pledging for the three previous semesters averages at least 20%. For purposes of determining the minimum number of students who must pledge, Berkeley shall use the official five week registration count for each semester. If such a referendum has been held, the semester after the vote shall be the first of the next three semesters used to calculate the 20% average. Failure to maintain the 20% average does not automatically breach or void this Agreement. However, if a majority of students do not support the referendum regarding the continuation of the DCJTP fee, then this contract will automatically terminate.
12. BILLING AND FEE PRESENTATION: The DCJTP fee will be collected each semester from students who have properly executed and submitted a pledge form. It is understood by both parties that the billing statement is subject to modification by the University from time to time.
Collection of the fee will be in accordance with standard Berkeley accounts receivable procedures (including the University of California Business and Finance Bulletins and Accounting Manuals, etc.). Berkeley and the DCJTP acknowledge that these procedures have been reviewed and appear adequate and workable to help perform the terms and provisions of this Agreement.
For each student who has pledged, the DCJTP fee shall be itemized on the billing statement with other fees and be included in the total amount due for that billing period. The fee shall be designated on the billing statement as the "DCJTP Voluntary Fee."
Notice of any change(s) proposed for the billing statement which affect presentation of the DCJTP fee or its billing procedures will be provided to the DCJTP as far in advance as possible of the time when the change(s) will be implemented, consistent with the provisions of Section 3 above.
No mechanism to opt out of the fee or reverse the pledge will be included on the billing statement.
Students who pledge to pay the DCJTP fee agree to be billed for the fee. If a student underpays his or her fees, the DCJTP fee will be included on late bills sent to the student. If a student pays the total amount due except the DCJTP fee, the student will be billed for that amount.
Once a student has pledged to pay the DCJTP fee, failure to pay the fee in any given academic term shall not be interpreted as failure to pay required fees for registration purposes. Therefore, a student's registration will not be held up, nor will a student be dropped from classes, because he or she did not pay the DCJTP fee. In the absence of an official pledge reversal provided under this Agreement, failure to pay the DCJTP fee shall not be interpreted as an intention to reverse the DCJTP fee.
When there occurs a break in enrollment of any Berkeley student who has pledged to pay the DCJTP fee, assessment of the DCJTP fee will be resumed when the student re-enrolls at Berkeley without requiring receipt of a new pledge document.
The fee shall not be included in the student budget calculations for the purposes of awarding financial aid. Financial aid awards are based on mandatory fees only.
13. ADMINISTRATIVE COSTS: The pledge system shall be designed for compatibility with campus registration and billing processes and operated with cost efficiency as a primary goal. The DCJTP and the campus administration will work to identify methods for minimizing administrative costs, including allowing the DCJTP representatives to assist with data entry.
Startup Costs: Berkeley will charge the DCJTP's campus account for the initial start-up computer costs of One Thousand Six Hundred Eighty Dollars ($1680) and deduct the entire amount from the fees collected in the first semester.
Maintenance Costs: The Administrative costs attendant to the actual collection of the voluntary DCJTP fee for the 5-year term of the agreement will be as follows: $0.40 (year 1); $0.45 (year 2); $0.50 (year 3); $0.50 (year 4); and $0.50 (year 5) per fee billed will be withheld by Berkeley before remitting the fees collected to the DCJTP. Berkeley shall issue a check to the DCJTP each semester for the amount of the fees collected that term, less administrative fees. Included with the check will be a receipt showing the number of students currently registered who have pledged to pay the DCJTP fee, the number who paid the DCJTP fee, and the number of pledges that are eliminated from the billing process as a result of administrative action. The check shall be issued in the eighth week of the academic term. The DCJTP shall receive a breakdown of the administrative costs by semester with each check from Berkeley.
Berkeley will retain funds in the DCJTP's campus account in an amount sufficient to be used to fund any write-offs of the fee. Such write-offs will be done in accordance with campus policy governing receivables.
Unanticipated Costs: Additional one-time unanticipated costs incurred in the processing and collection of the DCJTP fee owing to the unique nature of the pledge fee system will be billed to the DCJTP on an actual hourly cost basis, and the DCJTP shall be informed and agree to pay the charge before the activity takes place. These charges will not include any activity or costs which are part of the overall billing process or collections activity or processes. The charges will only result from particular new, unanticipated tasks which result from the unique nature of the DCJTP pledge fee system, such as the correction of student ID numbers in the verification process.
14. RECORDS: The DCJTP agrees to maintain such business and membership records as are necessary to carry out the terms of this agreement and to comply with applicable federal, state, and local laws and regulations. It is agreed that, at a minimum, all business records will be retained for four (4) complete fiscal years after the preparation and publication of the annual governmental and corporate fiscal reports and related external audit.
15. AUDIT: The DCJTP will engage a firm of independent certified public accountants to audit the financial statements and accounting records of the DCJTP on an annual basis. Such audit will be full scope and will be conducted in accordance with generally accepted auditing standards. A copy of the audit report shall be submitted to the Chancellor's Office no later than six months after the close of the DCJTP's fiscal year.
16. BUSINESS PRACTICES: The DCJTP agrees to operate in accordance with reasonable business and management standards, and comply with federal, state, and local governmental requirements applicable to its operation. The DCJTP shall maintain adequate books and records prepared on the basis of generally accepted accounting standards and principles. The DCJTP's normal business records are open for inspection at any time by University personnel with a legitimate interest in the activities of the DCJTP including the Chancellor's representative, who may inspect and copy books, records, and all other documents at reasonable times and locations.
17. INSURANCE: The DCJTP agrees to maintain adequate insurance coverage at all times. Insurance shall be provided by such insurer(s) as are acceptable to the Chancellor's Office. The limits of insurance to be maintained by the DCJTP are as follows: (1) comprehensive general liability insurance in the amount of One Million Dollars ($1,000,000), naming The Regents of the University of California as additional insured; (2) commercial fidelity bond covering dishonesty by employees of the DCJTP in the amount of Fifty Thousand Dollars ($50,000), naming The Regents of the University of California as loss payee; and (3) business automobile liability insurance including coverage for owned, scheduled non-owned and hired automobiles, in the amount of One Million Dollars ($1,000,000). The DCJTP shall require its broker(s) or insurers(s) to provide annual Certificate(s) of Insurance in the above coverages and amounts to the Chancellor's Office. The Certificate(s) shall provide for thirty days (30) advance notice of any change in or cancellation or non-renewal of any insurance required by this Agreement. The Chancellor's Office may receive copies of actual insurance policies upon request.
18. INDEMNIFICATION: Berkeley shall defend, indemnify, and hold the DCJTP, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Berkeley, its officers, agents, or employees.
The DCJTP shall defend, indemnify, and hold Berkeley, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the Agreement but only in proportion to and the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the DCJTP, its officers, agents, or employees.
19. CHANGES IN BASIC DOCUMENTS: During the term of this Agreement, the DCJTP shall:
A. Provide Berkeley with current copies of the DCJTP's Articles of Incorporation, Constitution, By-Laws, and other similar organizing documents. Proposed changes in any such documents shall be communicated to Berkeley as soon as possible.
B. Provide proof of its incorporation as a not-for-profit organization, according to the laws of the State of California.
C. Register for each regular semester as a student organization of the Berkeley campus. The rules and regulations used by the Berkeley campus for the registration of student organizations are on file in the Office of Student Activities and Services in 102 Sproul Hall.
The DCJTP will annually provide evidence to Berkeley of the satisfaction of the three foregoing requirements by the date determined by mutual Agreement between Berkeley and the DCJTP. Under no circumstances will Berkeley authorize the transfer of the voluntary fees collected from its registered students to the DCJTP until the above conditions have been satisfied. During the term of this Agreement, the DCJTP shall make no changes in its structure which are inconsistent with the terms or spirit of this Agreement.
20. ANNUAL REPORTS/COMMUNICATION WITH CAMPUS: The DCJTP agrees to share basic information with Berkeley. At least annually, the DCJTP shall provide a written report to Berkeley. Such report shall be sufficiently detailed and comprehensive in nature that Berkeley shall be well informed of the activities of and detailed plans for the future of the DCJTP. At a minimum, such report shall include detailed expenditure information on the DCJTP activities and shall include a statement regarding the number of students requesting reversal of their pledge each semester. Additionally, the DCJTP agrees to keep the Office of Student Activities and Services informed of its current officers and key employees and their addresses. Copies of the DCJTP's annual information returns filed with the federal and state governments and with the Attorney General of the State of California shall be provided to Berkeley upon request.
21. USE OF UNIVERSITY NAME: The Project agrees that it will not use the names of the University of California, the University of California at Berkeley, or any other variation of them, nor any design, logo, emblem, or mark claimed to be owned by them, in any of its activities or publications, nor permit others to do so, unless otherwise agreed to in writing by the University. The DCJTP agrees that it will neither directly nor indirectly represent or imply that either the University of California or the University of California at Berkeley supports, endorses, or sponsors the DCJTP's activities.
22. ADVERSE IMPACT: It is contemplated by the parties that this Agreement and the payment by Berkeley to the DCJTP of the DCJTP fee thereunder, shall have no adverse impact on the tax exempt status of the University of California. This Agreement may be terminated by Berkeley in the event that such adverse impact occurs, or appears likely to occur.
23. TERMINATION: This Agreement shall be for the term stated above unless terminated by operation of this Agreement, by subsequent Agreement of the parties, by action of law, or by breach by one or both of the parties. It is intended that this Agreement be strictly construed.
24. CONTINUATION OF AGREEMENT: Berkeley and the DCJTP agree to provide for the opportunity to review this Agreement and its continuation in the following manner:
A. In the Fall semester 2001, the DCJTP shall initiate arrangements by notifying Berkeley in writing of its intention to begin such negotiations.
B. Berkeley shall respond promptly in writing acknowledging receipt of the request to discuss the continuation of the Agreement, and shall arrange for the meeting of the two parties at a mutually acceptable time and place.
C. In reviewing the continuation of this Agreement, Berkeley shall take into consideration the vote of the student body in a general election held within the academic year preceding the scheduled date of termination of continuing the DCJTP fee.
D. If the parties have not agreed by the end of the Spring semester 2002 to a continuation of this Agreement, then Berkeley must thereafter, if the DCJTP so requests in writing, provide the DCJTP within fourteen (14) days a written statement of reasons why Berkeley has not decided to renew this Agreement.
By the end of the Spring semester 2002, the DCJTP and Berkeley must have agreed to a continuation of the contract, or reached agreement on a later date to complete such negotiations, in order for this Agreement not to lapse. If, as of the later negotiation date, the parties still have not reached consensus on the continuation of the Agreement, this Agreement will lapse as indicated in Section 2 above.
E. If this Agreement is terminated for any of the foregoing reasons, all the DCJTP fees collected or in the process of being collected by Berkeley shall be transferred to the DCJTP as set forth in the terms of the Guidelines found in Exhibit A of this Agreement.
25. DISPUTE RESOLUTION: If disputes arise over aspects or terms of this contract, the parties shall resolve them in good faith and in the spirit of this Agreement and the President's Guidelines, with assistance from parties involved in the creation of the Agreement and the Guidelines, as necessary.
26. FINAL AGREEMENT: This Agreement is intended as a full and final expression of the Agreements and understandings of the parties and cannot be changed, altered, or modified without written Agreement of both parties.
27. COMMUNICATION: The offices of notice for purposes of communication between the Chancellor's Office and the DCJTP shall be:
c/o Genaro Padilla, Vice Chancellor for Undergraduate Affairs
University of California
Berkeley, California 94720
Daily Californian Journalism Training Project
c/o Ryan Tate, President
600 Eshleman Hall
Berkeley, California 94720
These offices of notice may be changed by either party upon written notification to the other party.