District Authority. When underpayment errors are identified, the District will review the nature of the error and shall reimburse the employee in full up to a maximum retroactive period of two (2) years. In the case of an overpayment in excess of fifty dollars $50.00, the schedule and amount of deductions will be determined by mutual agreement between the District and the employee up to a maximum retroactive period of two (2) years.
District Authority. This Agreement is executed by the District as its written agreement with the Applicant pursuant to the provisions and authority granted to the District under §313.051 of the Code.
District Authority. The final decision regarding transfer, assignment, reassignment, promotion or demotion rests solely with the District. However, the District shall not violate any provision of this Article.
District Authority. The parties agree that the District retains all of its powers and authority to control the operation of the District and the sole limitation being the specific and express terms of the Agreement. The parties also agree that the District retains full authority to act on any matters not limited by the specific and express terms of this Agreement.
District Authority. The District may direct Changes within the general scope of Project Work. Changes authorized or directed by the District shall be reduced to a written Change Order in the form and content prepared by or on behalf of the District. Adjustments to the Contract Price for District authorized Changes shall be limited to the actual costs of labor, materials, equipment or services necessary to complete the Change. All other costs associated with a Change, including without limitation profit, overhead/administrative costs and delay/inefficiencies impacts are fully compensated by the mark-up established in the Contract Documents on direct costs of a Change. The Contractor shall provide the District with all information requested to substantiate the cost of a Change. The Contractor shall submit, prior to approval of a Change Order, its request for adjustment of the Contract Time (if any) along with data substantiating the Contractor’s right to adjustment of the Contract Time and the extent of such adjustment. If Contractor fails to strictly comply with the preceding, the Contractor shall be deemed to have waived any right to adjustment of the Contract Time.
District Authority. The Chancellor, Deputy Chancellor, Director of Business Services, Contracts Manager, Chief Facilities Executive, Director of Facilities Planning and Development, College President or Vice President of Administrative Services have delegated authority from the District Board of Trustees to bind District contractually. Persons acting in positions not specified above or have specific delegated authority by the Board of Trustees and those in the capacity as project managers or consultants to District do not have authority to: (1) obligate or commit District to any payment of money; (2) obligate District to any modification to this Contract or the Contract Sum; (3) relieve Contractor of any of its obligations under this Contract; or (4) approve or order any Work to be done or materials, equipment or supplies to be delivered.
District Authority. It is understood and agreed that the District retains all of its powers and authority to direct, manage, and control to the full extent of the law. The district retains the right to hire, classify, assign, evaluate, promote, discipline and terminate by layoff or otherwise as provided by law.
District Authority. To the extent that the parties agree for the District to provide services to the OP as set forth in Paragraph 9.02 of this Agreement, MISD has sole decision-making authority, regarding the delivery of any service selected by the OP. MISD shall coordinate and cooperate with OP to determine dates of contracted service at the School and OP shall allow service contractors on School grounds absent any serious and legitimate complaints or concerns. The negotiated prices for the various services to be provided are set forth in Addendum A-8 to this Agreement.
District Authority. District Authority Altered Only by Specific and Express Agreement. Nothing in this Agreement shall limit, or be construed to limit, the rights, powers, prerogatives and authority, derived from applicable law. Such rights, powers, prerogatives and authority are retained by the District and its Board and remain solely and exclusively within the rights of the District, and the exercise of such rights is not subject to the grievance or other dispute resolution procedures recognized by this Agreement. Included in such rights, but not in limitation thereof, are the following rights:
1. To determine the District’s mission, objectives, policies and budget;
2. To determine and set all standards of service offered to the public;
3. To maintain executive management and administrative control of the District and its properties and facilities and the activities of its employees as related to the conduct of District affairs;
4. To delegate authority to the Administration, as necessary, for the development and organization of the means and methods of instruction and the performance of professional duties according to Board policy, subject to the provisions of law;
5. To introduce new or improved methods, equipment and facilities;
6. To establish, modify or eliminate programs, curriculums and/or courses of instruction, including special programs and athletic, recreational and social events for students;
7. To determine whether to provide or purchase goods and services;
8. To determine the number of employees it shall employ in any classification, certification, school, building, department or operating unit at any time, all as deemed necessary or advisable by the Board;
9. To hire all employees and to determine their qualifications.
10. To determine employee conditions for employment or continued employment and subject to the provisions of existing law and the terms of this Agreement.
11. To discipline, dismiss, demote, evaluate, promote, transfer or lay off any employee, subject to provisions of law and the terms of this Agreement.
12. To determine the academic calendar; and,
13. To determine the duties, responsibilities and assignments of those individuals in the Bargaining Unit.
District Authority. For purposes of the Contract, any significant alteration, deviation, or change in the scope, method of performance, nature of materials or price of the Work or the Project, or any other matter materially affecting the performance or nature of the Work or the Project shall be referred to as a “Change in the Work.” The District shall have the right to require a Change in the Work, without thereby invalidating the Contract.
