Common use of Controversies and Disputes Clause in Contracts

Controversies and Disputes. Upon non-renewal the District shall recover, from the Head Start Grantee, monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approved said items. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. XITermination of a Preschool Program Contract The District shall have the right to terminate this Agreement immediately upon: Notice of revocation of the Head Start Grantee’s license; Head Start Grantee’s breach of any of the following provisions of this Agreement: Failure to conduct CHRI background checks as set forth in Section IV, Subsection (H) of this Agreement; Failure to conduct XXXX checks as set forth in Section III, Subsection (I) of this Agreement; or Violation of any federal, state, or local law or regulation regarding the secular nature of programs receiving public funding as set forth in Section III, Subsection (B)(5) of this Agreement. Head Start Program’s action(s) or inaction(s) that placed children in the Program at serious risk of harm. For any breach of contract, except those that trigger the right to immediate termination defined in Section XI, Subsection (A), the District shall have the right to terminate this Agreement as follows: If a Head Start Grantee fails to comply with any of the terms of this Agreement or applicable federal, state or local requirements, the District shall notify the Head Start Grantee and the DOE, Division of Early Childhood Services of the deficiency in writing. If the Head Start Grantee fails to submit a corrective action plan demonstrating how they will resolve the deficiency within ninety (90) days and Head Start program fails to implement the correction action plan within thirty (30) days, the District may initiate termination of this Agreement upon written notice to the Head Start Grantee and DOE, Division of Early Childhood Services. Termination of the contract shall be subject to written approval by the DOE to the District and Head Start Grantee. The Head Start Grantee shall have the right to appeal to the Commissioner a District’s decision to terminate this Agreement pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The filing of an appeal under N.J.A.C. 6A:3 shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending a decision by the Commissioner. The District and the Head Start Grantee may terminate this Agreement by mutual agreement, in writing, upon notice to and receipt of written approval from the DOE. In the event of termination under this Section XI, Subsection (D), said termination shall take effect upon the thirtieth day from the date the District and the Head Start Grantee receive written approval from the DOE to terminate this Agreement. Upon termination, the District shall recover monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approval. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. In the event of non-renewal or termination of this Agreement pursuant to Sections X and XI of this Agreement, by either the District or the Head Start Grantee, the Head Start Grantee shall continue the service until the District has found an appropriate placement for all children unless termination was instigated under the provisions set forth in Section XI, Subsection (A) in which case termination shall be immediate. At no time shall the Head Start Grantee be required to continue the service for more than ninety (90) days beyond the expiration or termination date of the existing Agreement. The Head Start Grantee will be reimbursed for this continued service at the funding level established in Section VII of this Agreement. XIIInformal Dispute Resolution Process

Controversies and Disputes. Upon non-renewal XIIISubcontracting and Assignment The Head Start Grantee shall not subcontract and/or assign services to be provided pursuant to Section I of this Agreement, without written approval from the District and the Commissioner. The Head Start Grantee agrees to make all records of any subcontractor available to the District, the DOE, the DCF and any federal agency whose funds are expended during the course of this Agreement for the purpose of review. All subcontracts entered into by the Head Start Grantee shall recoverinclude a provision whereby the Subcontractor acknowledges its obligation to make all pertinent records available to the District, the DOE, the DCF and any federal agency whose funds are expended in the course of this Agreement. The subcontractor shall comply with all applicable laws and regulations. XIVIndemnification The Head Start Grantee shall assume all risk of and responsibility for, and agrees to indemnify, defend and save harmless the State of New Jersey and its employees from and against any and all claims, demands, suits, actions, recoveries, judgments and costs, and expenses in connection therewith on account of the loss of life, property or injury or damages to the person, body or property of any person or persons, whatsoever, which shall arise from or result directly or indirectly from (1) the work, service or materials provided under this Agreement; or (2) any failure to perform the Head Start Grantee, monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approved said items. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. XITermination of a Preschool Program Contract The District shall have the right to terminate ’s obligations under this Agreement immediately upon: Notice of revocation or any improper or deficient performance of the Head Start Grantee’s license; Head Start Grantee’s breach of any of obligations under this Agreement. This indemnification obligation is not limited by, but is in addition to, the following insurance obligations contained in this Agreement. Furthermore, the provisions of this Agreement: Failure to conduct CHRI background checks as set forth indemnification clause shall in Section IV, Subsection (H) of this Agreement; Failure to conduct XXXX checks as set forth in Section III, Subsection (I) of this Agreement; or Violation of any federal, state, or local law or regulation regarding no way limit the secular nature of programs receiving public funding as set forth in Section III, Subsection (B)(5) of this Agreement. Head Start Program’s action(s) or inaction(s) that placed children in obligations assumed by the Program at serious risk of harm. For any breach of contract, except those that trigger the right to immediate termination defined in Section XI, Subsection (A), the District shall have the right to terminate this Agreement as follows: If a Head Start Grantee fails under this Agreement, nor shall they be construed to comply with neither relieve the Head Start Grantee from any of liability nor preclude the terms State from taking other actions available to it under any other provision of this Agreement or applicable federal, state or local requirements, the District shall notify the Head Start Grantee and the DOE, Division of Early Childhood Services of the deficiency in writing. If the Head Start Grantee fails to submit a corrective action plan demonstrating how they will resolve the deficiency within ninety (90) days and Head Start program fails to implement the correction action plan within thirty (30) days, the District may initiate termination of this Agreement upon written notice to the Head Start Grantee and DOE, Division of Early Childhood Services. Termination of the contract shall be subject to written approval by the DOE to the District and Head Start Granteeat law. The Head Start Grantee shall have the right to appeal to the Commissioner a District’s decision to terminate this Agreement pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The filing of an appeal under N.J.A.C. 6A:3 shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending a decision by the Commissioner. The District and the Head Start Grantee may terminate this Agreement by mutual agreement, in writing, upon notice to and receipt of written approval from the DOE. In the event of termination under this Section XI, Subsection (D), said termination shall take effect upon the thirtieth day from the date immediately notify the District and the Head Start Grantee receive written approval from the DOE to terminate this Agreement. Upon termination, in writing of any action or suit pending or filed or any claim which may result in litigation against the District shall recover monetary value and/or the State of startup materials limited to playground equipmentNew Jersey by any person, non-consumable startup materials, and start up classroom technology based on DOE approval. The amount recovered shall be determined by the current market value organization or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. In the event of non-renewal or termination of this Agreement pursuant to Sections X and XI of this Agreement, by either the District or the Head Start Grantee, the Head Start Grantee shall continue the service until the District has found an appropriate placement for all children unless termination was instigated under the provisions set forth in Section XI, Subsection (A) in which case termination shall be immediate. At no time shall the Head Start Grantee be required to continue the service for more than ninety (90) days beyond the expiration or termination date of the existing Agreement. The Head Start Grantee will be reimbursed for this continued service at the funding level established in Section VII of this Agreement. XIIInformal Dispute Resolution Processother entity.

Controversies and Disputes. Upon non-renewal the District shall recover, from the Head Start Grantee, recover monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approved said items. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. XITermination Termination of a Preschool Program Contract The District shall have the right to terminate this Agreement immediately upon: Notice of revocation of the Head Start Grantee’s license; Head Start Grantee’s breach of any of the following provisions of this Agreement: Failure to conduct CHRI background checks as set forth in Section IVII, Subsection (HK) of this Agreement; Failure to conduct XXXX checks as set forth in Section IIIII, Subsection (IL) of this Agreement; or Violation of any federal, state, or local law or regulation regarding the secular nature of programs receiving public funding as set forth in Section IIIII, Subsection (B)(5E)(3) of this Agreement. Head Start Program’s action(s) or inaction(s) that placed children in the Program at serious risk of harm. For any breach of contract, except those that trigger the right to immediate termination defined in Section XI, Subsection (A), the District shall have the right to terminate this Agreement as follows: If a Head Start Grantee fails to comply with any of the terms of this Agreement or applicable federal, state or local requirements, the District shall notify the Head Start Grantee and the DOE, Division of Early Childhood Services Education of the deficiency in writing. If the Head Start Grantee fails to submit a corrective action plan demonstrating how they will resolve the deficiency within ninety thirty (9030) days and Head Start program fails to implement the correction action plan within thirty (30) days, the District may initiate termination of this Agreement upon written notice to the Head Start Grantee and DOE, Division of Early Childhood ServicesEducation. Termination of the contract shall be subject to written approval by the DOE to the District and Head Start Grantee. The Head Start Grantee shall have the right to appeal to the Commissioner a District’s decision to terminate this Agreement pursuant to N.J.A.C. 6A:36A:3 et seq., Controversies and Disputes. The filing of an appeal under N.J.A.C. 6A:3 et seq. shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending a decision by the Commissioner. The District and the Head Start Grantee may terminate this Agreement by mutual agreement, in writing, upon notice to and receipt of written approval from the DOE. In the event of termination under this Section XI, Subsection (D), said termination shall take effect upon the thirtieth day from the date the District and the Head Start Grantee receive written approval from the DOE to terminate this Agreement. Upon termination, the District shall recover monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approval. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. In the event of non-renewal or termination of this Agreement pursuant to Sections IX and X and XI of this Agreement, by either the District or the Head Start Grantee, the Head Start Grantee shall continue the service until the District has found an appropriate placement for all children unless termination was instigated under the provisions set forth in Section XIX, Subsection (A) in which case termination shall be immediate. At no time shall the Head Start Grantee be required to continue the service for more than ninety (90) days beyond the expiration or termination date of the existing Agreement. The Head Start Grantee will be reimbursed for this continued service at the funding level established in Section VII of this Agreement. XIIInformal Dispute Resolution Process.

Controversies and Disputes. Upon non-renewal the District shall recover, recover from the local Head Start Grantee, monetary value of startup materials limited to agency all playground equipment, non-consumable startup materials, playground equipment both installed and start uninstalled, start-up classroom materials and start-up classroom technology or the monetary equivalent thereof, based on DOE upon funding for said items as approved said itemsby the DOE. The amount to be recovered shall be determined by at least equal to the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is loweramount approved for the initial start-up costs. XITermination Termination of a Preschool Program Contract The District shall have the right to terminate this Agreement immediately upon: Notice of revocation of the Head Start Grantee’s license; Head Start Grantee’s breach of any of the following provisions of this Agreement: Failure to conduct CHRI background checks as set forth in Section IV, Subsection (HIII(H) of this Agreement; Failure to conduct XXXX checks as set forth in Section III, Subsection (IIII(I) of this Agreement; or Violation of any federal, state, state or local law or regulation regarding the secular nature of programs receiving public funding as set forth in Section III, Subsection (B)(5III(B)(3) of this Agreement. Head Start Program’s action(s) or inaction(s) that placed children in the Program at serious risk of harm. For any breach of contract, , except those that trigger the right to immediate termination defined in Section XI, Subsection (AXI(A), the District shall have the right to terminate this Agreement as follows: If a Head Start Grantee fails to comply with any of the terms of this Agreement or applicable federal, state State or local requirements, the District shall notify the Head Start Grantee and the DOE, Division of Early Childhood Services Education and Family Engagement of the deficiency in writing. If the Head Start Grantee fails to submit a corrective action plan demonstrating how they will resolve the deficiency within ninety (90) days and Head Start program fails to implement the correction action plan within thirty (30) days, the District may initiate termination of this Agreement upon written notice to the Head Start Grantee and DOE, Division of Early Childhood ServicesEducation and Family Engagement. Termination of the contract shall be subject to written approval by the DOE to the District and Head Start Grantee. The Head Start Grantee shall have the right to appeal to the Commissioner a District’s decision to terminate this Agreement pursuant to N.J.A.C. 6A:36A:3 et seq., Controversies and Disputes. The filing of an appeal under N.J.A.C. 6A:3 et seq. shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending a decision by the Commissioner. The District and the Head Start Grantee may terminate this Agreement by mutual agreement, in writing, upon notice to and receipt of written approval from the DOE. In the event of termination under this Section XI, Subsection (DXI(D), said termination shall take effect upon the thirtieth day from the date the District and the Head Start Grantee receive written approval from the DOE to terminate this Agreement. Upon termination, the District shall recover monetary value of startup materials limited to from the Head Start agency all playground equipment, non-consumable startup materials, playground equipment both installed and start uninstalled, start-up classroom materials and start-up classroom technology or the monetary equivalent thereof, based on DOE approvalupon funding for said items as approved by the DOE. The amount to be recovered shall be determined by at least equal to the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is loweramount approved for the initial start-up costs. In the event of non-renewal or termination of this Agreement pursuant to Sections X and XI of this Agreement, by either the District or the Head Start Grantee, the Head Start Grantee shall continue the service until the District has found an appropriate placement for all children unless termination was instigated under the provisions set forth in Section XI, Subsection (AXI(A) in which case termination shall be immediate. At no time shall the Head Start Grantee be required to continue the service for more than ninety (90) days beyond the expiration or termination date of the existing Agreement. The Head Start Grantee will be reimbursed for this continued service at the funding level established in Section Subsection VII of this Agreement. XIIInformal Dispute Resolution Process.

Controversies and Disputes. Upon non-renewal VIIIAvailability of Funds The parties recognize that payments by the District shall recoverto the Head Start Grantee under this Agreement are expressly dependent upon, from and subject to the availability to the District of state funds. The Head Start Grantee is aware that the District's receipt of state funds is expressly conditional upon allocation, review and approval by the DOE. In accordance with the Head Start Program Performance Standards,45 CFR §§1301-1305 and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 34 CFR Part 75, the parties may not, under any circumstances, allow the use Head Start funding to cover expenses incurred to benefit the District contracted portion of the Head Start Grantee, monetary value ’s program. IXTerm of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approved said items. Agreement The amount recovered term of this Agreement shall be determined by the current market value July 1, 2023 to June 30, 2024. XRenewal or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. XITermination Non-Renewal of a Preschool Program Contract The District Board of Education, DOE and Head Start Grantee shall have use the right to terminate this Agreement immediately upon: Notice of revocation following processes for renewal or non-renewal of the Head Start Grantee’s license; Grantee preschool program contract: For all Head Start Grantee contract renewals: The District shall notify any Head Start Grantee’s breach , in writing on or before May 1 of any each contract year, of its intent to renew the following provisions of this Agreement: Failure to conduct CHRI background checks as set forth in Section IV, Subsection (H) of this Agreement; Failure to conduct XXXX checks as set forth in Section III, Subsection (I) of this Agreement; or Violation of any federal, state, or local law or regulation regarding the secular nature of programs receiving public funding as set forth in Section III, Subsection (B)(5) of this Agreementpreschool program contract for an additional one-year term. Head Start Program’s action(s) or inaction(s) that placed children in the Program at serious risk of harm. For any breach of contract, except those that trigger the right to immediate termination defined in Section XI, Subsection (A), the District shall have the right to terminate this Agreement as follows: If a The Head Start Grantee fails to comply with any shall notify the District in writing within thirty (30) days of receipt of a renewal notice from the District of its acceptance or rejection of the terms of this offer to renew the Agreement or applicable federal, state or local requirements, the for one year. For all Head Start Grantee contract non-renewals: The District shall notify the Head Start Grantee, the DOE, Division of Early Childhood Services, and DCF, in writing, with a full explanation on or before May 1 of any contract year of the intent to not renew any Head Start Grantee’s preschool program contract for an additional one-year term and/or an intention to reduce slots The notification shall include the reason(s) for non-renewal or slot reduction, including, but not limited to: Fiscal mismanagement: The District must provide documentation verifying evidence of the Head Start program’s fiscal mismanagement as well as documentation that the district attempted to assist the Head Start Program to correct fiscal mismanagement issues. Poor classroom quality: The District must provide evidence that it first assessed classroom quality and created a classroom quality improvement plan in accordance with Section V of this Agreement. Available in-District classroom space: For a non-renewal based on available in-District space, the following requirements must be met: The new configuration must meet the elements of high quality described in N.J.A.C. 6A:13A and educational facilities standards for preschool described in N.J.A.C. 6A:26; and It must be economically more efficient to serve the preschool children in the District space, after considering all costs associated with providing the preschool program; and The quality of the current in-District preschool program must meet an average ECERS-3 score of at least four point five (4.5). The Head Start Grantee may dispute the non-renewal of the preschool program contract or slot reduction received in writing from the District by notifying the District and the DOE in writing within ten (10) business days of receipt of the notice of non-renewal. If non-renewal or slot reduction is disputed by the Head Start Grantee, both the Head Start Grantee and the District shall submit written justification for their positions to the DOE, Division of Early Childhood Services of the deficiency in writing. If the Head Start Grantee fails to submit a corrective action plan demonstrating how they will resolve the deficiency within ninety ten (9010) days and Head Start program fails to implement the correction action plan within thirty (30) days, the District may initiate termination of this Agreement upon written notice to the Head Start Grantee and DOE, Division of Early Childhood Services. Termination of the contract shall be subject to written approval by the DOE to the District and Head Start Grantee. The Head Start Grantee shall have the right to appeal to the Commissioner a District’s decision to terminate this Agreement pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The filing of an appeal under N.J.A.C. 6A:3 shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending a decision by the Commissioner. The District and the Head Start Grantee may terminate this Agreement by mutual agreement, in writing, upon notice to and receipt of written approval from the DOE. In the event of termination under this Section XI, Subsection (D), said termination shall take effect upon the thirtieth day from the date the District and the Head Start Grantee receive written approval from the DOE to terminate this Agreement. Upon termination, the District shall recover monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approval. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. In the event of non-renewal or termination of this Agreement pursuant to Sections X and XI of this Agreement, by either the District or the Head Start Grantee, the Head Start Grantee shall continue the service until the District has found an appropriate placement for all children unless termination was instigated under the provisions set forth in Section XI, Subsection (A) in which case termination shall be immediate. At no time shall the Head Start Grantee be required ’s notification of intent to continue the service for more than ninety (90) days beyond the expiration or termination date of the existing Agreement. The Head Start Grantee will be reimbursed for this continued service at the funding level established in Section VII of this Agreement. XIIInformal Dispute Resolution Processdispute.

Controversies and Disputes. Upon non-renewal renewal, the District shall recover, recover from the Head Start Grantee, monetary value of startup materials limited to Provider all playground equipment, non-consumable startup materials, playground equipment both installed and start uninstalled, start-up classroom materials and start-up classroom technology based on DOE approved said itemsor the monetary equivalent thereof. The amount to be recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Scheduleschedule), whichever is lower. XITermination XI Termination of a Preschool Program Contract (see N.J.A.C. 6A:13A-9.4(b)) The District shall have the right to terminate this Agreement immediately upon: Notice of revocation of the Head Start GranteeProvider’s license; Head Start GranteeProvider’s breach of any of the following provisions of this Agreement: Failure to conduct CHRI background checks as set forth in Section IV, Subsection (HIII(H) of this Agreement; Failure to conduct XXXX checks as set forth in Section III, Subsection (IIII(I) of this Agreement; or Violation of any federal, state, state or local law or regulation regarding the secular nature of programs Programs receiving public funding as set forth in Section III, Subsection (B)(5III(B)(3) of this Agreement. Head Start ProgramProvider’s action(s) or inaction(s) that placed children in the Program at serious risk of harm. For any breach of contract, except those that trigger the right to immediate termination defined in Section XI, Subsection (AXI(A), the District shall have the right to terminate this Agreement as follows: If a Head Start Grantee Provider fails to comply with any of the terms of this Agreement or applicable federal, state or local requirements, the District shall notify the Head Start Grantee Provider and the DOE, Division of Early Childhood Services of the deficiency in writing. If the Head Start Grantee Provider fails to submit a corrective action plan demonstrating how they will resolve the deficiency within ninety thirty (9030) days and Head Start program if the Provider fails to implement the correction action plan within thirty ninety (3090) days, the District may initiate termination of this Agreement upon written notice to the Head Start Grantee Provider and DOE, Division of Early Childhood Services. Termination of the contract shall be subject to written approval by the DOE to the District and Head Start GranteeProvider. District must submit the deficiency in writing Provider must submit a corrective action plan within thirty (30) days Provider must implement the corrective action plan within ninety (90) days. The Head Start Grantee Provider shall have the right to appeal to the Commissioner a District’s decision to terminate this Agreement pursuant to N.J.A.C. 6A:3, Controversies and Disputes. The filing of an appeal under N.J.A.C. 6A:3 shall not prevent the termination from becoming effective on the date specified unless the appealing party seeks and is granted a stay pending a decision by the Commissioner. The District and the Head Start Grantee Provider may terminate this Agreement by mutual agreement, in writing, upon notice to and receipt of written approval from the DOE. In the event of termination under this Section XI, Subsection (DXI(D), said termination shall take effect upon the thirtieth day from the date the District and the Head Start Grantee Provider receive written approval from the DOE to terminate this Agreement. Upon termination, the District shall recover monetary value of startup materials limited to playground equipment, non-consumable startup materials, and start up classroom technology based on DOE approval. The amount recovered shall be determined by the current market value or depreciated value of said items (as per Federal Depreciation Schedule), whichever is lower. In the event of non-renewal or termination of this Agreement pursuant to Sections X and XI of this Agreement, by either the District or the Head Start GranteeProvider, the Head Start Grantee Provider shall continue the service until the District has found an appropriate placement for all children unless termination was instigated under the provisions set forth in Section XI, Subsection (AXI(A) in which case termination shall be immediate. At no time shall the Head Start Grantee Provider be required to continue the service for more than ninety (90) days beyond the expiration or termination date of the existing Agreement. The Head Start Grantee Provider will be reimbursed for this continued service at the funding level established in Section VII of this Agreement. XIIInformal Dispute Resolution Process.