Title III Online Course Development Agreement

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1 Dean of Academic Affairs Thomas Hall, Phone This agreement identifies and establishes the plan for online course development or major revision and the responsibilities of the Developer and the Office of Academic Affairs. The author will receive a stipend for the development or major revision of an approved online course. This form must be submitted to the Dean of Academic Affairs office prior to designing an online course or making major revisions for a stipend. Please attach a one-page proposal outlining the complete scope of developing the online course. Include explanations of objectives, procedures, competencies, identification of responsibilities, and any estimated fees. Faculty A faculty member can be offered the opportunity to develop a CCC course online as long as: 1.) All departmental faculty members who have the appropriate background and expertise in the subject area have been given first choice and have declined. Currently developed courses are not applicable. 2.) The subject matter is within the CCC faculty member s background. 3.) The course is approved per CCC guidelines with Academic Council Approval. In this document, Developer stands for the individual (full-time faculty member, adjunct, or professional staff) who has agreed to fully develop a determined Online Course, Instructor stands for the individual (full-time faculty member, adjunct, or professional staff) who has agreed to teach a determined Online Course, and College represents Colby Community College. Terms & Conditions As long as Title III funds are available, the Developer will receive a one-time stipend of $ per credit hour for the first-time development, quality assurance review, and delivery of an approved online course that is in keeping with Colby Community College s mission. No stipends will be paid after Title III funds are expended. The prioritization for online courses is mutually established by the Division Chair or Program Director and the Dean of Academic Affairs and includes consideration for the number of times the course will be offered and the potential for enrollment in the course. OR The Developer will receive a one-time stipend of $ per credit hour for revising an existing online course, quality assurance review, and delivery of an approved online course that is in keeping with CCC s mission. No stipends will be paid after Title III funds are expended. The course revision should be substantial in terms of content modification and design according to established guidelines. Rev Page 1 of 7

2 1. The Developer seeking a stipend for designing a new online course or revising an existing online course should submit this form to the division chair or program director before the online course is designed or revised. No stipend will be paid without a signed agreement prior approval from the division chair, program director, and/or the Dean of Academic Affairs. 2. The Developer will be required to participate in a pre-evaluation of his or her technological skills and abilities to determine if he or she is prepared to design an Online Course that meets the College s quality assurance program in accordance with negotiated timelines. The quality assurance program is approved by the Academic Council. The Developer receiving the stipend will be expected to work with the instructional staff and assessment staff, throughout the course development period and will be expected to participate in ANY necessary training before the online course is taught. A quality assurance rubric will be provided to the Developer. 3. Colby Community College has approved the ecollege platform as the method of delivery for online and hybrid courses. If utilizing an alternate online teaching tool, please seek prior approval from the Dean of Academic Affairs. 4. Any unique cost to the College or the students associated with the offering of the course (e.g. technology, lab kits, etc.) should be identified prior to the design or revision of the online course. 5. The College acknowledges and agrees that the Title III Online Course and Original course material will be the property of the Developer and the College (all rights therein, including, without limitation, copyright) belongs to and shall be the shared property of the Developer and the College. The instructor may upon leaving the employment of CCC receive a copy of the course and the course with the repository. Other exclusions must be made explicit in the signed contract. Said course and material will become a part of CCC s repository and all such courses may be scheduled as needed and may be taught by a variety of qualified faculty both during and after employment ceases. The course will not be deleted from CCC s repository without written permission from the Dean of Academic Affairs. No further compensation (other than the one time stipend) will be paid to the developer even if the college continues to use the online course over a period of years regardless of whether the developer remains employed with Colby Community College. 6. The College shall retain the right to revise the Online Course from time to time as needed. Compensation to Developers for such revisions will be considered by the College on a case-by-case basis. 7. If the Instructor of the Online Course is other than the Developer, the College has the right to make any necessary revisions to the Online Course to suit the teaching style and needs of the Instructor. 8. For the purpose of facilitating and improving the quality of course development, the College needs to show best practices to other potential Developers and to staff for training purposes. Therefore, Academic Council Committee intends to share Developers materials and course content with other College Developers and CCC staff. Faculty members currently teaching will be notified prior to any such sharing and may choose whether or not to be involved in such discussions/training. (The faculty member may object to sharing materials and course content during the time that they are teaching, in which case the materials will only be shared after the faculty member has finished teaching the course, with the exception the original developed course materials.) Actual student information, correspondence, and related student activity will always be absent from any shared materials and course content. 9. Developers will be informed of the formal College Online Course design, technology, and teaching standards as endorsed by the Academic Council. All Online Courses must be designed in accordance with these standards. The Academic Council will manage overall course development and ensure course standards are compliant while leaving the course subject matter content, quality, and quantity to the discretion of the Developer. Use of technologies or course content implementation outside of the College standards will require pre-approval of the Academic Council. 10. The Developer will complete for the College, the Online Course (with all lectures, audio, video, illustrations, charts, graphs and other material, including syllabi, handouts, reference lists, etc., in the medium mutually agreed upon for the work) in form and content satisfactory to the College and on the date established in the signed contract. Rev Page 2 of 7

3 11. If the Developer fails to deliver the Online Course on time, the College will have the right to terminate the contract and recover from the Developer any sums advanced in connection with the Online Course assignment. The instructor must complete the development, quality assurance review, delivery, and the training prior to receiving full payment. 12. The development of hybrid or web-enhanced courses (primarily face-to-face courses with partial use of the online platform) does not qualify for stipends. All other courses will be decided by the Dean of Academic Affairs. 13. Once per semester the College will conduct a CCC Online Support & Technical Survey (see attached document). This survey is distributed to the online student population in an aggregate manner, that is, without identifying course or instructor. 14. Please refer to the attached for dispute resolution methods. DEVELOPER INFORMATION College: Author Name: Address: Phone ( ) - Work Phone ( ) - Home ONLINE COURSE INFORMATION Course to be developed/revise (Prefix/Number/Title): Semester Course will be developed: Fall Spring Summer Semester Course will first be offered: Fall Spring Summer Justification for development or explain rationale for revision: Rev Page 3 of 7

4 Proposed Delivery Plan: (Please check CCC course rotation): Fall Spring Summer FACULTY WORKLOAD EXPECTATIONS During the semester in which you will be teaching this online course, will the online course be taught as part of your load or overload teaching responsibilities? (Faculty may teach a maximum of six credit hours of online instruction per semester) Load Overload Instructor Dean of Academic Affairs I agree to develop/modify the online course (number) according to the terms described in this agreement for the amount of $. Signature of the Developer: Date: Rev Page 4 of 7

5 REQUIRED APPROVALS Division Chair/Program Director: The above mentioned online course meets the criteria for stipend as outlined in this agreement. I would like to recommend the stipend for the New Development Major Revision. Is this course required for one of CCC s degrees or certificates? Yes No Additional remarks: Approved for New Development or Approved for Major Revision Date Division Chair/Program Director Date Dean of Academic Affairs Disapproved Remarks: ACADEMIC AFFAIRS OFFICE Quality Assurance Review Date (attach a copy of the review) Amount of Stipend: $ Date of Payment: Rev Page 5 of 7

6 CONTRACTUAL PROVISIONS ATTACHMENT Important: This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 1-01), which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the day of, Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. 2. Agreement with Kansas Law: All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas. 3. Termination Due To Lack of Funding Appropriation: If, in the judgment of the Board of Trustees of Colby community College, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, Colby Community College may terminate this agreement at the end of its current fiscal year. Colby Community College agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided Colby Community College under the contract. Colby Community College will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by Colby Community College, title to any such equipment shall revert to contractor at the end of the current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to Colby Community College or the contractor. 4. Disclaimer of Liability: Colby Community College shall not hold harmless or indemnify any contractor beyond that liability incurred under the Kansas Tort Claims Act (K.S.A et seq.). 5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A and K.S.A ; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration. Parties to this contract understand that the provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting state agency cumulatively total $5,000 or less during the fiscal year of such agency. Rev Page 6 of 7

7 6. Acceptance of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration, Damages, and Warranties: Notwithstanding any language to the contrary, no interpretation shall be allowed to find Colby Community College has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of a contingency. Further, Colby Community College shall not agree to pay attorney fees and late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A ), and no provision will be given effect which attempts to exclude, modify, disclaim or otherwise attempt to limit implied warranties of merchantability and fitness for a particular purpose. 8. Representative's Authority to Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility for Taxes: Colby Community College shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: Colby Community College shall not be required to purchase, any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require Colby Community College to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A et seq.), the vendor or lessor shall bear the risk of any loss or damage to any personal property in which vendor or lessor holds title. 11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A et seq. (This attachment a revised version of State of Kansas, Department of Administration, DA-146a (Rev.1-01) as required by K.S.A c Rev Page 7 of 7

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