- PARTIES: This Agreement is by and between the Chancellor's Office
of the University of California at Berkeley ("Berkeley") and the
Berkeley chapter of the California Student Public Interest Research
Group, Inc., a registered student organiza tion at the University of
California at Berkeley, ("CALPIRG"). CALPIRG, Inc. is a statewide,
non profit, nonpartisan, student-directed and funded organization.
The purpose of CALPIRG, Inc. is to articulate and pursue through
analysis, research, education, representation before institutions of
government, litigation and other legal means, the concerns of
students on issues of general and public interest. 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 CALPIRG, Inc.
- 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 Spring semester 1994 and
remain in effect until the close of the Fall semester 1998, unless
terminated sooner by the parties or by action of this Agreement.
- VOLUNTARY PLEDGE SYSTEM: This Agreement establishes the CALPIRG
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. A copy of the Guidelines is attached
hereto as Exhibit A and made a part hereof. 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. CALPIRG 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 CALPIRG or the CALPIRG
fee. Should establishment of the CALPIRG pledge system not take place
at any other University of California campus, such event shall not
affect this Agreement or the system in place at this campus. There is
no intent to bar a student from contributing financial support to
CALPIRG through any other means.
- USE OF FUNDS: The fees remitted under this Agreement shall be
used to support the formation and operation of the Berkeley chapter
of CALPIRG, Inc. It is understood that, as a part of CALPIRG, Inc.,
the Berkeley chapter shall support the overall CALPIRG purpose,
including its work at the local, statewide and national levels: to
articulate and pursue through research, education, representation
before the institutions of govern ment, litigation, and other legal
means, the concerns of students on issues of general public interest.
- AMOUNT OF FEE: The CALPIRG fee established under the terms of
this Agreement shall be Six Dollars ($6) per student per semester
unless increased by a student referendum during the term of this
Agreement.
- VOLUNTARY PLEDGE FEE: The pledge is a mechanism by which a
student may act affirmatively to contribute to CALPIRG 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 must be agreed upon by both
parties in advance of dissemination.
- DISSEMINATION OF INFORMATION: CALPIRG 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 in
Sproul Plaza, class announcements, and student orientation
information sessions. These activities shall be in compliance with
appropriate campus regulations. Pledge forms shall be available at
the Loans and Receivables Office and the Registrar's Office. CALPIRG
may disseminate pledges through appropriate University mailings, if
CALPIRG pays any new costs associated with adding pledge information
to the mailing.
- EXECUTION OF PLEDGES: Students may execute pledges throughout
the year by submitting completed, signed pledge forms to CALPIRG. 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. CALPIRG 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.
By June 5 for the Fall semester and November 5 for the Spring
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. CALPIRG 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 CALPIRG fee each semester,
such pledge is effective for the duration of the student's academic
career at Berkeley, unless reversed in writing.
- PLEDGE REVERSAL: If, after a student has pledged to pay the
CALPIRG 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 CALPIRG an executed pledge reversal
form, which should contain 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.
CALPIRG shall provide information on pledge reversal procedures in
materials describing the methods for executing a pledge.
- REFUNDS: All requests for refunds received by the campus will
be directed to CALPIRG's office in Eshleman Hall.
- CONTINUATION OF THE PLEDGE SYSTEM: CALPIRG shall maintain a
minimum percentage of students who pay the CALPIRG fee. The CALPIRG
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 CALPIRG
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 CALPIRG fee, then this
contract will be terminated.
- BILLING AND FEE PRESENTATION: The CALPIRG 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 CALPIRG 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 CALPIRG 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 "CALPIRG VOLUNTARY FEE." A
copy of the billing statement used for Spring 1994 registration is
attached hereto as Exhibit C, and made a part hereof.
Notice of any change(s) proposed for the billing statement which
affect presentation of the CALPIRG fee or its billing procedures will
be provided to CALPIRG as far in advance as possible of the time when
the change(s) will be implemented.
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 CALPIRG fee agree to be billed for
the fee. If a student underpays his or her fees, the CALPIRG fee will
be included on late bills sent to the student. If a student pays the
total amount due except the CALPIRG fee, the student will be billed
for that amount.
Once a student has pledged to pay the CALPIRG 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 CALPIRG fee.
In the absence of an official pledge reversal provided under this
Agreement, failure to pay the CALPIRG fee shall not be interpreted as
an intention to reverse the CALPIRG fee.
When there occurs a break in enrollment of any Berkeley student
who has pledged to pay the CALPIRG fee, assessment of the CALPIRG 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.
- 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. CALPIRG and the
campus administration will work to identify methods for minimizing
administrative costs, including allowing CALPIRG representatives to
assist with data entry.
Startup Costs: Berkeley will charge CALPIRG's campus account for
the initial start-up computer costs of Two Thousand, Ninety-One
Dollars ($2,091) and deduct the entire amount from the fees collected
in the first semester.
Maintenance Costs: Administrative costs attendant to the actual
collection of the voluntary CALPIRG fee in the amount of twenty four
cents ($0.24) per fee billed will be withheld by Berkeley before
remitting the fees collected to CALPIRG. Berkeley shall issue a check
to CALPIRG 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 CALPIRG fee, the number who paid the CALPIRG 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. CALPIRG shall receive
a breakdown of the administrative costs by semester with each check
from Berkeley.
Berkeley will retain Five Hundred Dollars ($500) in CALPIRG's
campus account 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 unanticipated costs incurred in
the processing and collection of the fee, which would normally be
passed onto the campus unit for whom the fees are being collected,
such as the correction of student identification numbers in the
verification process, will be billed to CALPIRG on an actual hourly
cost basis.
- RECORDS: CALPIRG 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.
- AUDIT: CALPIRG will engage a firm of independent certified
public accountants to audit the financial statements and accounting
records of CALPIRG 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
CALPIRG's fiscal year.
- BUSINESS PRACTICES: CALPIRG agrees to operate in accordance
with reason able business and management standards, and comply with
federal, state, and local governmental requirements applicable to its
operation. CALPIRG shall maintain adequate books and records prepared
on the basis of generally accepted accounting standards and
principles. CALPIRG's normal business records are open for inspection
at any time by University personnel with a legitimate interest in the
activities of CALPIRG, including the Chancellor's representative, who
may inspect and copy books, records, and all other documents at
reasonable times and loca tions.
- INSURANCE: CALPIRG 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 CALPIRG 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 Cali fornia as
additional insured; (2) commercial fidelity bond covering dishonesty
by employees of CALPIRG 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). CALPIRG shall require its
broker(s) or insurers(s) to provide annual Certifi cate(s) of
In surance in the above coverages and amounts to the Chancel lor's
Office. The Certificate(s) shall provide for thirty days' 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.
- INDEMNIFICATION: Berkeley shall defend, indemnify, and hold
CALPIRG, 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.
CALPIRG 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 CALPIRG, its officers, agents, or employees.
- CHANGES IN BASIC DOCUMENTS: During the term of this Agreement,
CALPIRG shall
A. Provide Berkeley with current copies of CALPIRG's Articles of
Incorporation, Constitution, By-Laws, and other similar organiz ing
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.
CALPIRG will annually provide evidence to Berkeley of the
satisfaction of the three foregoing requirements by the date
determined by mutual Agreement between Berkeley and CALPIRG. Under no
circumstances will Berkeley authorize the transfer of the voluntary
fees collected from its registered students to CALPIRG until the
above conditions have been satisfied. During the term of this
Agreement, CALPIRG shall make no changes in its structure which are
inconsistent with the terms or spirit of this Agreement.
- ANNUAL REPORTS/COMMUNICATION WITH CAMPUS: CALPIRG agrees to
share basic information with Berkeley. At least annually, CALPIRG
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 CALPIRG. At a minimum, such report shall include detailed
expenditure information on CALPIRG activities and shall include a
statement regarding the number of students requesting and receiving
refunds of the voluntary CALPIRG fee each semester. Additionally,
CALPIRG agrees to keep the Office of Student Activities and Services
informed of its current officers and key employees and their
addresses. Copies of CALPIRG's annual information returns filed with
the federal and state governments and with the Attorney General of
the State of Cali fornia shall be provided to Berkeley upon
request.
- USE OF UNIVERSITY NAME: CALPIRG 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. CALPIRG
agrees that it will neither directly nor indirectly represent or
imply that either the University of Califor nia or the University of
California at Berkeley supports, endorses, or sponsors CALPIRG's
activities or the activities of the affiliates or chapters in
California or elsewhere. CALPIRG may use the geographic designation
relevant to a specific University of California campus as part of its
name (i.e "CALPIRG at UC Berkeley") during the term of this
Agreement.
- ADVERSE IMPACT: It is contemplated by the parties that this
Agreement and the payment by Berkeley to CALPIRG of the CALPIRG fee
hereunder, 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.
- 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.
- CONTINUATION OF AGREEMENT: Berkeley and CALPIRG agree to
provide for the opportunity to review this Agreement and its
continuation in the following manner:
A. In the Fall semester 1997, CALPIRG shall initiate arrangements
by notifying Berkeley in writing of its intention to begin such
negotiations.
B. Berkeley shall respond promptly in writing ack nowledg ing
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 CALPIRG fee.
D. If the parties have not agreed by the end of the Spring
semester 1998 to a continuation of this Agreement, then Berkeley
must, if CALPIRG so requests in writing, provide CALPIRG at any time
after the end of the Fall 1998 semester, within fourteen (14) days, a
written statement of reasons why Berkeley has not decided to renew
this Agreement.
By the end of the Spring term 1998, CALPIRG 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 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 CALPIRG fees collected or in the process of being
collected by Berkeley shall be transferred to CALPIRG as set forth in
the terms of the Guidelines found in Exhibit A of this Agreement.
- 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.
- 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.
- COMMUNICATION: The offices of notice for purposes of
communication between the Chancellor's Office and CALPIRG shall be
Þraft of our proposed Agreement. Please note that I have
tried to take into consideration all of the comments I've received,
especially your own. As you can tell, I've also corrected small
errors such as spelling out the dollar amounts, incorporating all
exhibits as a part of the agreement, and making other stylistic
corrections. None of these should affect the actual content of what
we have discussed.
