BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse Sample Clauses

BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse. The Contractor does hereby stipulate and agree that Federal and State of New York courts and the SED have issued judicial decisions requiring the BOE to administer forms of procedural due process under certain circumstances in cases where any of the Contractor’s employees or subcontractor employees have their BOE certifications of approval suspended and/or permanently revoked as a consequence of positive test results for the presence of a controlled substance(s) and/or alcohol. The Contractor does hereby further stipulate and agree to comply fully with all Federal, State of New York, City of New York and BOE laws, bylaws, rules, regulations, procedures and policies applicable to the prohibition of consumption of, and testing for, controlled substances and alcohol with respect to its employees and subcontractor employees that affect the safe operation of school bus vehicles as the same currently exist or shall be added, deleted, updated, amended, revised or otherwise changed during the Term of this Contract. The Contractor does hereby further stipulate and agree that compliance with the preceding sentence shall require the Contractor to administer effectively a program of controlled substance and alcohol abuse prevention, training, testing and other services, for portions of which the Contractor may elect to use professional subcontractors. The Contractor shall submit to the BOE for advance and continuing(8) approval by the OPT Director full and detailed written information(9) about every subcontractor that the Contractor shall elect to use to provide controlled substance and alcohol abuse prevention, training, testing and other services under this Contract. The Contractor does hereby further stipulate and agree that, if the OPT Director shall reasonably determine that the reversal, disqualification or other nullification by the BOE, a Federal or State court, the SED and/or any other tribunal of competent jurisdiction of a positive test result for a controlled substance(s) and/or alcohol shall have been caused and/or permitted by the Contractor’s failure and/or refusal to administer effectively a program of controlled substance and alcohol abuse prevention, training, testing and other services, the Contractor shall pay all BOE and/or
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BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse. The Contractor does hereby stipulate and agree that Federal and State of New York courts and the SED have issued judicial decisions requiring the BOE to administer forms of procedural due process under certain circumstances in cases where any of the Contractor’s employees or subcontractor employees have their BOE certifications of approval suspended and/or permanently revoked as a consequence of positive test results for the presence of a controlled substance(s) and/or alcohol. The Contractor does hereby further stipulate and agree to comply fully with all Federal, State of New York, City of New York and BOE laws, bylaws, rules, regulations, procedures and policies applicable to the prohibition of consumption of, and testing for, controlled substances and alcohol with respect to its employees and subcontractor employees that affect the safe operation of school bus vehicles as the same currently exist or shall be added, deleted, updated, amended, revised or otherwise changed during the Term of this Contract. The Contractor does hereby further stipulate and agree that compliance with the preceding sentence shall require the Contractor to administer effectively a program of controlled substance and alcohol abuse prevention, training, testing and other services, for portions of which the Contractor may elect to use professional subcontractors. The Contractor shall submit to the BOE for advance and continuing(10)

Related to BOE Procedural Due Process Arising from Controlled Substance and/or Alcohol Consumption and Abuse

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  • CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER - TERM CONTRACTS It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God that Orange County shall require a “first priority” basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the County. Contractor agrees to rent/sell/lease all goods and services to the County or other governmental entities as opposed to a private citizen, on a first priority basis. The County expects to pay contractual prices for all goods or services required during an emergency situation. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency.

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  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Does Vendor agree? Yes, Vendor agrees Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body.

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