Reviewed June 7,
2008
An Affiliation Agreement shall serve to create a tie between CSPE and affiliates. Affiliates can be chapters, practice divisions, MATHCOUNTS committees or any other organization or interest group that meets the requirements of an affiliate as determined by the CSPE Board of Directors. This affiliation agreement shall serve to supersede any former charter or agreement with CSPE affiliates such as chapters or practice divisions.
Definition of an Affiliate: An affiliate must consist of CSPE members, associates, student members or some other recognized group approved by the CSPE Board of Directors (BoD). The affiliate group must have officers voted in by its members, hold at least two meetings per year, take minutes of their meetings for submittal of the BoD, and provide at a minimum a yearly report on their activities and submit their tax information within one month after requested by CSPE’s central office. Failure to do any of the above is cause for termination of the affiliation agreement by the BoD. A terminated affiliate group may be reinstated after one year by following the procedures of a new affiliate group.
The affiliate group may collect dues, take in money from other sources and keep a checking account on their own or have CSPE hold their money in a restricted fund for the affiliate group. If CSPE holds the money, CSPE shall issue checks when vouchers are submitted by the affiliate group, up to the amount that exists at the time in the affiliate groups restricted fund. When an affiliate group is terminated all remaining money and assets become the ownership of CSPE.
Charter/Name/Logo: CSPE grants to the affiliate the exclusive right to operate in the chapter, region, practice division or interest group. Said affiliate shall have the right to use of the CSPE name and logo until the charter is suspended or terminated as provided for in this agreement.
Incorporation: CSPE is incorporated as a 501c(6) organization under the non-profit statues in the state of CA. Chapters, regions and/or practice divisions organized under and conforming to the CSPE requirements for membership may not become separately incorporated.
Dues: All dues collections and subsequent distributions on behalf of the affiliate shall be performed or be caused to be performed by CSPE or NSPE in accordance with the collections and distribution policies of the entity collecting the dues. Affiliate dues may be kept at the local level if the state is fully informed of banking institution and account numbers or kept in a affiliate designated restricted fund at the state office. Annual submission of dues schedule charged to affiliate members must be made and approved by the state board prior to submission to dues statements being issued.
Finances: Only funds from CSPE dues and/or CSPE affiliate activities may be kept in affiliate accounts. Other funds such as donations for MATHCOUNTS or scholarships shall be placed in a restricted fund held by the CSPE Education Foundation. No other funds from other groups such as engineering councils, or separate e-week activities may be kept in or co-mingled with CSPE affiliate funds.
Taxes: CSPE maintains a federal and state group tax ID number. In addition, it shall maintain or seek to create new tax ID numbers for individual chapters, practice divisions, and affiliate groups. CSPE will annually file all necessary tax returns for affiliates in accordance with state and federal law. All affiliates shall be required to provide an annual financial statement to the state office within 30 days of the end of the fiscal year. Any affiliate not providing this information by this date shall have the option of filing all separate tax returns as required by state and federal law at their own expense and/or paying a fine of $100 per month until such information is provided to be included in the group return. Chapters shall be solely responsible for their tax liability and shall indemnify and hold harmless CSPE for any amounts CSPE is required to pay any federal, state, local or other authority due to the failure of the chapter to remit the required amount. Affiliates who choose to keep their funds in a restricted account at the state office shall have their financial statement prepared by the state office.
Reports: In order to accomplish an annual renewal of this agreement, all affiliates shall be required to: 1) provide an annual report of activities, programs and services in accordance with their purpose for charter; 2) submit and gain board approval of an affiliate budget and proposed dues schedule (if any); and 3) provide an annual financial statement as noted above relative to tax filing. Reports shall include; types and frequency of communication with constituent affiliate members (minimum of quarterly communications required), proof of election of state board representative by constituent membership, approval of an annual program of work by constituents, and accomplishments relative to goals established by constituents. Any other requirements as provided for in the affiliates own bylaws or operating rules.
Representation: Representation and attendance at the state board may occur when an annual report of activities and constituent communications, annual financial statement, annual proposed budget and annual proof of election of representative by constituents has occurred, and compliance with affiliate operating rules or bylaws has been provided and approved by the state board. In the event this requirement is not met the seat for the affiliate previously held on the board will be eliminated. Board representation of constituents of the affiliate will then be assumed by the closest or most similar affiliate.
Insurance: CSPE shall carry a general liability policy and a professional liability (directors and officers) insurance policy to cover wrongful acts of members in the course of providing volunteer efforts in a customary and reasonable manner.
No Agency: This affiliate agreement does not constitute or create an agency relationship were in the affiliate becomes the agent of the state. No affiliate has the right to bind CSPE to any contract, agreement or any document having the force of law without the express written approval of the CSPE Board of Directors.
Indemnification: The affiliate agrees to indemnify and hold CSPE, its officers, directors, members, agents and staff, harmless for the negligent acts, errors or omissions of the affiliate, its officers, directors, members, agents or staff, which arises out of the programs and activities of the affiliate.
Activities: CSPE and affiliate agree to inform each other within 30 days of any significant programs that are planned to occur in the jurisdiction or territory of the other.
Review: This agreement shall be reviewed annually prior to the end of each fiscal year.
Suspension or Termination: CSPE retains the right to suspend or terminate this agreement at its sole discretion.