CONTRACT FOR PROFESSIONAL DEVELOPMENT SERVICES

 

 

This contract is entered into between the Santa Barbara Instructors’ Association, (“IA”), and the Faculty Association of California Community Colleges Education Institute, (“FACCC EI”), a California non-profit corporation recognized under Internal Revenue Code Section 501(c)(3).

 

I.        Under the terms of this contract, FACCC or FACCC EI will provide the following services:

 

A.     Written materials on matters pending before state and federal legislative or administrative bodies dealing with issues of concern to faculty.

 

B.     Informational materials or presentations on topics determined by IA and FACCC EI to be important for faculty development.

 

C.     A statewide conference and/or legislative day on topics of particular interest to community college faculty.

 

D.   Training seminars on budgetary issues affecting community college

       financing.

 

E.      Notification, at the beginning of each academic year of the dates of the FACCC Ed Institute Board of Directors and the FACCC Board of Governors meetings.

 

II.     The services to be provided by FACCC EI under this contract shall relate to professional development and matters that bear on IA’s ability to negotiate, ratify, administer, implement or enforce a collective bargaining agreement. Such services are to be for the benefit of all faculty in the Santa Barbara Community College District.

 

III.  Nothing in the terms of this contract or the manner in which the services are provided is intended to affect IA’s roles as the exclusive bargaining agent for and representative of the Santa Barbara Community College faculty. FACCC EI is not a collective bargaining agent and does not participate in collective bargaining activities.

 

IV.  The nature, form, and extent of any assistance FACCC EI may provide on legislative matters shall be determined by FACCC EI. It is understood and agreed that FACCC EI will not provide assistance on matters where a conflict, in the opinion of the FACCC Education Institute Board of Directors, may exist between the position urged by IA and the interests of FACCC EI.

 

V.     In consideration for the services provided under this contract, The IA Santa Barbara Community College District shall pay FACCC EI an annual fee of One Hundred Sixty Two dollars ($162.00) for each person who holds a regular or contract faculty position and Forty Five dollars ($45.00) for each person who holds a part-time temporary faculty position in the Santa Barbara Community College District. The monthly fee shall be deducted from faculty pay warrants by means of payroll deduction and shall be transmitted to FACCC EI by the Santa Barbara Community College District. The fee shall be paid in equal amounts on a monthly basis and is due no later than the last day of the month for ten months, September through June. Each regular or contract and part-time temporary faculty employee of the Santa Barbara Community College District for whom IA pays the appropriate fees shall be accorded all of the benefits, rights, privileges, duties, and responsibilities of regular membership in FACCC (per Article III, Section 1(d) of the Bylaws of the Faculty Association of California Community Colleges, Inc.).

 

VI.  At the end of every five (5) continuous years that this contract remains in effect, FACCC EI shall reimburse IA five percent (5%) of the median annual dues collected by FACCC EI from IA over the previous five (5) years. The form of payment from FACCC EI to IA shall be a check made out to the Santa Barbara Instructors’ Association unless IA requests that the reimbursement be made in a different form.

 

VII.             This contract is an annual contract that will remain in effect until specifically terminated. The contract may be terminated, effective at the close of the current school year, by either the FACCC EI Board of Directors or the IA Executive Council by sending written notice, by the last day of March prior to the termination date, of its intent to terminate the contract.

 

VIII.          The parties shall bear their own expenses and liability in the event that a legal action or proceeding is brought against either or both of the parties to this Agreement by a third party, except that if a legal action or proceeding is brought against either party to this Agreement that arises exclusively from the act or omission of one of the parties (hereinafter the Indemnifying Party), then the Indemnifying Party shall indemnify, defend and hold the other party harmless with respect to said action.

 

IX.  Any dispute under this contract shall be submitted to binding arbitration before an arbitrator or panel of arbitrators chosen through mutual agreement at a location mutually agreeable to the parties. The parties agree to abide by and perform any award rendered as a result of the arbitration and that any court having jurisdiction of the controversy may enter a judgment upon the award of the arbitrator(s).

 

X.     Any of the terms of this contract may, at any time, be amended, modified or otherwise changed by mutual written agreement of the parties.

 

The effective date of this contract is _________

 

 

Santa Barbara                                                        Faculty Association of California

Instructors’ Association                                         Community Colleges Education Institute

 

 

By:  _________________________                      By: Jonathan Lightman

                                                                                       Executive Director