PROTECTION OF TEACHERS A. The parties agree that they shall give support to the discipline procedures and policies of the Board and the items related to student discipline in this Agreement. The administration and the teachers recognize a mutual responsibility for the enforcement of such policies. It is also agreed that such policies will be enforced fairly and consistently without favoritism due to race, creed, color, or sex. B. Whenever a teacher is absent from school as a result of compensable injury occurring in the course of his/her employment, he/she will be paid his/her full salary for a period not to exceed 90 days with no loss of fringe benefits, and no part of such absence will be charged to his/her annual or accumulated sick leave. The parties acknowledge that payment of workers’ compensation leave under this section fully satisfies the Board’s obligation to pay temporary total disability benefits under workers’ compensation law so no duplication of benefits may occur during this 90 day period. As such, any workers’ compensation payments made for temporary disability due to said injury and applicable to the aforementioned 90-day period shall be endorsed over to the Board. If during the 90 day period the employee was granted leave from the sick bank, and it is subsequently determined that the employee was absent as a result of a compensable injury, the Board shall restore any used sick bank leave occurring during the aforementioned 90 day period. The teacher may apply for an unpaid leave of absence under Article 17 of this Agreement without affecting any benefits which may be due under the workers’ compensation law. The Board will reimburse teachers for the cost of medical, surgical, or hospital services (as covered under workers’ compensation insurance) incurred as the result of any injury sustained in the course of his/her employment. C. In the event of bomb threats against school system property, teachers will not be asked to search for bombs. D. Teachers, with the exception of pupil personnel workers, need not discuss student problems with parents away from the school site. E. In case of an assault by a student, or a nonstudent, on school property, including the school parking lot, on a teacher, causing damage or loss to his/her personal property--such as clothing--the Board shall make an equitable financial adjustment with the teacher for personal property losses not otherwise covered by insurance or restitution. F. Any physical assault upon a teacher by a student may result in suspension of said student based on an investigation of the incident conducted by the school administrator. Administration will follow established school system discipline guidelines. Except cases involving students with disabilities, no student shall be returned to class without conferring with the teacher. G. In the event of threats made against staff members the administrator will review and explain the school system Threat Management Process with the affected staff member. Throughout the process, the affected employee will be provided access to available resources within the system to address emotional wellbeing. At the conclusion of the investigation, the employee will be informed of the outcome. H. A comprehensive and thorough review of the Emergency Operating Procedures will occur prior to the end of September each school year. This review will include the roles, responsibilities, and expectations of staff members in the event of an emergency. Information and instructions on accessing 911 will be included. I. No visitor shall be permitted to enter a classroom without approval of the administrator. A teacher will be notified, 24 hours in advance, either orally or in writing, in advance by a school administrator. The teacher may request that the visit be rescheduled based on the instructional needs and the best interests of the students. J. The Board shall provide, at the teacher’s request, legal counsel to defend the teacher in an action arising out of an assault on a teacher in the course of the teacher’s professional duties or arising out of any disciplinary action taken by a teacher in accordance with the disciplinary policy of the county. K. The teacher shall be informed in advance of the assignment of an instructional assistant and/or paraprofessional, and such assignment shall not be withdrawn except in case of emergency. The assignment may be withdrawn if the instructional assistant is assigned as a substitute for a teacher for that day only. L. Except for students with disabilities, if a student has been apprehended in a plan to cause serious injury or death to a teacher as determined under the school system’s threat management plan, that student will not be returned to that teacher’s classroom. M. No teacher will be disciplined or reprimanded without cause. N. Following the provision of due process per the established Board policy on Employee Conduct and Discipline, Association representative (s) shall be entitled to accompany and represent a teacher at any hearing or meeting involving disciplinary action to be taken against the teacher at that meeting. Before the Superintendent/designee issues the disciplinary action, the teacher will be provided at least one work day of advance notice of the meeting. 1. The teacher will be advised that disciplinary action is being considered. 2. The teacher will be advised of his or her right to have Association representation at the meeting. 3. The Superintendent/designee is not obligated to postpone the meeting with the teacher nor to suggest or secure alternate representation if the individual Association representative requested is unavailable. Except in cases when the urgency of the situation dictates otherwise, the meeting may be delayed up to one additional workday to secure representation for the teacher. O. Teachers shall have the right, upon request, to review the contents of their personnel file, maintained by the Office of Human Resources, in the presence of a Human Resources administrative staff member, and to receive copies at Board expense of any documents contained therein which are not available from the original source or which the teacher had not previously received. A teacher shall be entitled to have a representative(s) accompany him /her during such review. The Board will protect the confidentiality of personal references, academic credentials, and other similar documents. P. No material derogatory to a teacher’s conduct, service, character, or personality will be placed in his/her personnel file, maintained by the Office of Human Resources, unless the teacher has had an opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. He/she will also have the right to submit a written answer to such material and his/her answer will be review by the appropriate administrator and attached to the file copy.
Evaluation of Tenders 33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the criteria and methodologies, the Procuring Entity shall determine the Lowest Evaluated Tender. This is the Tender of the Tenderer that meets the qualification criteria and whose Tender has been determined to be: a) substantially responsive to the tender documents; and b) the lowest evaluated price. 33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and the Tender Price as quoted in accordance with ITT 14. To evaluate a Tender, the Procuring Entity shall consider the following: a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4; b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in accordance with ITT 31; c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT 29.3; and d) any additional evaluation factors specified in the TDS and Section III, Evaluation and Qualification Criteria. 33.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be considered in Tender evaluation. 33.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to tender for one or more lots (contracts). Each lot or contract will be evaluated in accordance with ITT 33.
DETERMINATION OF BREACH AND TERMINATION OF AGREEMENT A. Prior to making a determination that the Applicant has failed to comply in any material respect with the terms of this Agreement or to meet any material obligation under this Agreement, the District shall provide the Applicant with a written notice of the facts which it believes have caused the breach of this Agreement, and if cure is possible, the cure proposed by the District. After receipt of the notice, the Applicant shall be given ninety (90) days to present any facts or arguments to the Board of Trustees showing that it is not in breach of its obligations under this Agreement, or that it has cured or undertaken to cure any such breach. B. If the Board of Trustees is not satisfied with such response or that such breach has been cured, then the Board of Trustees shall, after reasonable notice to the Applicant, conduct a hearing called and held for the purpose of determining whether such breach has occurred and, if so, whether such breach has been cured. At any such hearing, the Applicant shall have the opportunity, together with their counsel, to be heard before the Board of Trustees. At the hearing, the Board of Trustees shall make findings as to: i. whether or not a breach of this Agreement has occurred; ii. whether or not such breach is a Material Breach; iii. the date such breach occurred, if any;
Termination of the Company Upon the voluntary termination of the Company upon the consent of the Members, the sale or other transfer of all or substantially all of the Company's assets or any other termination of the Company in accordance with the provisions of this Agreement, the Company shall wind up its affairs and shall then be liquidated as provided in Article 13.
Clarification of Tenders 26.1 To assist in the examination, evaluation, comparison of the Tenders, and qualification of the Tenderers, the Procuring Entity may, at its discretion, ask any Tenderer for a clarification of its Tender. Any clarification submitted by a Tenderer in respect to its Tender and that is not in response to a request by the Procuring Entity shall not be considered. The Procuring Entity's request for clarification and the response shall be in writing. No change, including any voluntary increase or decrease, in the prices or substance of the Tender shall be sought, offered, or permitted except to confirm the correction of arithmetic errors discovered by the Procuring Entity in the Evaluation of the Tenders, in accordance with ITT 30. If a Tenderer does not provide clarifications of its Tender by the date and time set in the Procuring Entity's request for clarification, its Tender may be rejected.
