Common use of MANAGEMENT BY THIRD PARTIES Clause in Contracts

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSD. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD with the evaluation. d. The management company shall keep accurate records as to which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that if the sponsorship is terminated for cause based on academic or fiscal performance, the school shall be able to terminate the management agreement. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the The Governing Authority may contract with a third-party operator or management organization company for management or operation of the schoolSchool. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract it enters into with an operator or management company (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any a material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes.their execution. In addition: a. The Governing Authority shall adhere to the ethics, fiscal, and legal other laws regarding its relationship with the operator or management company and shall not agree to any terms in the management agreement violating any ethical, fiscal, or legal other laws, rules, and regulations. b. The management agreement shall include criteria to be used for its early termination of the operator contractand notification procedures and timeline for its early termination or nonrenewal. c. The Governing Authority shall annually evaluate the operator’s or management company’s performance. The Governing Authority shall consider, but is need not limited limit its consideration to, the operator’s or management company’s performance with the School’s academics and fiscal operations, if such service is services are provided under the management agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management agreement shall stipulate, and the operator or management company shall keep accurate records as to of, which entity owns all community school School facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority Governing Authority or operatorthe operator or management company. The management agreement shall comply with ORC Section 3314.0210. e. If the operator or management company provides goods and services of any kind to the School in excess of twenty 20 percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the operator or management company must shall provide a detailed accounting of the nature and costs of the goods and services it provides to the School, pursuant to Audit Bulletin 2004-009in accordance with ORC Section 3314.024. This information shall be summarized in the footnotes of the financial statements of the school School and shall be subject to audit during the course of the regular financial audit of the community schoolSchool. This information must shall also be sufficient to permit the School’s treasurer fiscal officer to comply with the duties as described in section Section B, subsection 14 of this contractContract, with respect to transactions undertaken by the operator or management company on behalf of the School. f. The management agreement must shall provide that all moneys loaned to the School by the operator or management company, including facility loans or cash flow assistance, shall be accounted for, be documented, and bear interest at a fair market rate. g. Any individuals performing supervisory or administrative services for the School under the School’s contract with the operator or management company shall complete training in public records and open meetings at least once per school year, in accordance with ORC Section 3314.037. h. The management agreement shall provide that if the sponsorship this Contract is terminated for cause based on academic or fiscal performance, the school School shall be able to terminate the management agreement. g. i. If the school School takes action in good faith under this subsection and later finds it is non-compliant, such action shall not constitute a breachmaterial breach of this Contract. j. If there exists any business or familial relationship between the Governing Authority or any of its officers or employees and an operator or management company contracted by the School or any of that operator or management company’s officers or employees, other than the management agreement itself, the School shall obtain from the operator or management company an agreement indemnifying the School for financial losses to the School due to conflict of interest, up to the amount of the moneys received by the operator or management company.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the The Governing Authority may contract with a third-party operator or management organization for management or operation of the schoolSchool. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract it enters into with an operator or management company (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any a material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes.modified a. The Governing Authority shall adhere to the ethics, fiscal, and legal other laws regarding its relationship with the operator or management company and shall not agree to any terms in the management agreement violating any ethical, fiscal, or legal other laws, rules, and regulations. b. The management agreement shall include criteria to be used for its early termination of the operator contractand notification procedures and timeline for its early termination or nonrenewal. c. The Governing Authority shall annually evaluate the operator’s or management company’s performance. The Governing Authority shall consider, but is need not limited limit its consideration to, the operator’s or management company’s performance with the School’s academics and fiscal operations, if such service is services are provided under the management agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management agreement shall stipulate, and operator or management company shall keep accurate records as to of, which entity owns all community school School facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority Governing Authority or operatorthe operator or management company. The management agreement shall comply with ORC Section 3314.0210. e. If the operator or management company provides services of any kind to the School in excess of twenty 20 percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the operator or management company must shall provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school School and shall be subject to audit during the course of the regular financial audit of the community schoolSchool. This information must shall also be sufficient to permit the School’s treasurer fiscal officer to comply with duties as described in section Section B, subsection 14 of this contractContract, with respect to transactions undertaken by the operator or management company on behalf of the School. f. The management agreement must shall provide that all moneys loaned to the School by the operator or management company, including facility loans or cash flow assistance, shall be accounted for, documented, and bear interest at a fair market rate. g. The management agreement shall provide that if the sponsorship this Contract is terminated for cause based on academic or fiscal performance, the school School shall be able to terminate the management agreement. g. h. If the school School takes action in good faith under this subsection and later finds it is non-compliant, such action shall not constitute a breachbreach of this Contract. i. In the case there exists any business or familial relationship between the Governing Authority or any of its officers or employees and an operator or management company contracted by the School or any of that operator or management company’s officers or employees, other than the management agreement itself, the School shall obtain from the operator or management company an agreement indemnifying the School for financial losses to the School due to conflict of interest, up to the amount of the moneys received by the operator or management company.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management company agreement shall keep accurate records as to tostipulate which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. The management agreement shall require accurate records to be kept regarding the funds used to purchase all property. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009009.R.C. 3314.024. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that if If the sponsorship is terminated for cause, or, non-renewed for cause based on academic or fiscal performance, the school shall be able to terminate the management agreementits agreement with its operator. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the The Governing Authority may contract with a third-party operator or management organization for management or operation of the schoolSchool. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract it enters into with an operator or management company (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any a material term of a management agreement, it shall provide the CMSD with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes.shall a. The Governing Authority shall adhere to the ethics, fiscal, and legal other laws regarding its relationship with the operator or management company and shall not agree to any terms in the management agreement violating any ethical, fiscal, or legal other laws, rules, and regulations. b. The management agreement shall include criteria to be used for its early termination of the operator contractand notification procedures and timeline for its early termination or nonrenewal. c. The Governing Authority shall annually evaluate the operator’s or management company’s performance. The Governing Authority shall consider, but is need not limited limit its consideration to, the operator’s or management company’s performance with the School’s academics and fiscal operations, if such service is services are provided under the management agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management agreement shall stipulate, and operator or management company shall keep accurate records as to of, which entity owns all community school School facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority Governing Authority or operatorthe operator or management company. The management agreement shall comply with ORC Section 3314.0210. e. If the operator or management company provides services of any kind to the School in excess of twenty 20 percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the operator or management company must shall provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school School and shall be subject to audit during the course of the regular financial audit of the community schoolSchool. This information must shall also be sufficient to permit the School’s treasurer fiscal officer to comply with duties as described in section Section B, subsection 14 of this contractContract, with respect to transactions undertaken by the operator or management company on behalf of the School. f. The management agreement must shall provide that all moneys loaned to the School by the operator or management company, including facility loans or cash flow assistance, shall be accounted for, documented, and bear interest at a fair market rate. g. The management agreement shall provide that if the sponsorship this Contract is terminated for cause based on academic or fiscal performance, the school School shall be able to terminate the management agreement. g. h. If the school School takes action in good faith under this subsection and later finds it is non-compliant, such action shall not constitute a breachbreach of this Contract. i. In the case there exists any business or familial relationship between the Governing Authority or any of its officers or employees and an operator or management company contracted by the School or any of that operator or management company’s officers or employees, other than the management agreement itself, the School shall obtain from the operator or management company an agreement indemnifying the School for financial losses to the School due to conflict of interest, up to the amount of the moneys received by the operator or management company.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSD. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD with the evaluation. d. The management company shall keep accurate records as to which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-2004- 009. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that if the sponsorship is terminated for cause based on academic or fiscal performance, the school shall be able to terminate the management agreement. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD with a copy of any contract (“management agreement”) it enters into with an operator (“management company”) without delay upon execution. Acceptance of copies of the management agreement by the CMSD shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSD. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes.management a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD with the evaluation. d. The management company shall keep accurate records as to which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operatormanagement company. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school School and shall be subject to audit during the course of the regular financial audit of the community schoolSchool. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that all moneys loaned to the school by the management company, including facility loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate. g. The management agreement must provide that if the sponsorship is terminated for cause based on academic or fiscal performance, the school School shall be able to terminate the management agreement. g. h. If the school School takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management company agreement shall keep accurate records as to specify which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The maximum term of the management agreement must provide that if the sponsorship is terminated for cause based on academic or fiscal performance, the school shall be able to terminate the management agreement. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breachexceed the length of the charter contract.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management company shall keep accurate records as to which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that if the sponsorship is terminated for cause based on academic or fiscal performance, the school shall be able to terminate the management agreement. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the The Governing Authority may contract with a third-party management operatorormanagement organization for management or operation of the schoolSchool. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract it enters into with an operator or management company (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any a material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes.their execution. In addition: a. The Governing Authority shall adhere to the ethics, fiscal, and legal other laws regarding its relationship with the operator or management company and shall not agree to any terms in the management agreement violating any ethical, fiscal, or legal other laws, rules, and regulations. b. The management agreement shall include criteria to be used for its early termination of the operator contractand notification procedures and timeline for its early termination or nonrenewal. c. The Governing Authority shall annually evaluate the operator’s or management company’s performance. The Governing Authority shall consider, but is need not limited limit its consideration to, the operator’s or management company’s performance with the School’s academics and fiscal operations, if such service is services are provided under the management agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management agreement shall stipulate, and operator or management company shall keep accurate records as to of, which entity owns all community school School facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority Governing Authority or operatorthe operator or management company. The management agreement shall comply with ORC Section 3314.0210. e. If the operator or management company provides services of any kind to the School in excess of twenty 20 percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the operator or management company must shall provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school School and shall be subject to audit during the course of the regular financial audit of the community schoolSchool. This information must shall also be sufficient to permit the School’s treasurer fiscal officer to comply with duties as described in section Section B, subsection 14 of this contractContract, with respect to transactions undertaken by the operator or management company on behalf of the School. f. The management agreement must shall provide that all moneys loaned to the School by the operator or management company, including facility loans or cash flow assistance, shall be accounted for, documented, and bear interest at a fair market rate. g. The management agreement shall provide that if the sponsorship this Contract is terminated for cause based on academic or fiscal performance, the school School shall be able to terminate the management agreement. g. h. If the school School takes action in good faith under this subsection and later finds it is non-compliant, such action shall not constitute a breachbreach of this Contract. i. In the case there exists any business or familial relationship between the Governing Authority or any of its officers or employees and an operator or management company contracted by the School or any of that operator or management company’s officers or employees, other than the management agreement itself, the School shall obtain from the operator or management company an agreement indemnifying the School for financial losses to the School due to conflict of interest, up to the amount of the moneys received by the operator or management company.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the The Governing Authority may contract with a third-party operator or management organization for management or operation of the schoolSchool. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract it enters into with an operator or management company (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any a material term of a management agreement, it shall shall‌ provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes.their execution. In addition: a. The Governing Authority shall adhere to the ethics, fiscal, and legal other laws regarding its relationship with the operator or management company and shall not agree to any terms in the management agreement violating any ethical, fiscal, or legal other laws, rules, and regulations. b. The management agreement shall include criteria to be used for its early termination of the operator contractand notification procedures and timeline for its early termination or nonrenewal. c. The Governing Authority shall annually evaluate the operator’s or management company’s performance. The Governing Authority shall consider, but is need not limited limit its consideration to, the operator’s or management company’s performance with the School’s academics and fiscal operations, if such service is services are provided under the management agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation.evaluation.‌ d. The management agreement shall stipulate, and operator or management company shall keep accurate records as to of, which entity owns all community school School facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority Governing Authority or operator.the operator or management company. The management agreement shall comply with ORC Section 3314.0210.‌ e. If the operator or management company provides services of any kind to the School in excess of twenty 20 percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the operator or management company must shall provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school School and shall be subject to audit during the course of the regular financial audit of the community schoolSchool. This information must shall also be sufficient to permit the School’s treasurer fiscal officer to comply with duties as described in section Section B, subsection 14 of this contractContract, with respect to transactions undertaken by the operator or management company on behalf of the School.School.‌ f. The management agreement must shall provide that all moneys loaned to the School by the operator or management company, including facility loans or cash flow assistance, shall be accounted for, documented, and bear interest at a fair market rate.‌ g. The management agreement shall provide that if the sponsorship this Contract is terminated for cause based on academic or fiscal performance, the school School shall be able to terminate the management agreement.agreement.‌ g. h. If the school School takes action in good faith under this subsection and later finds it is non-compliant, such action shall not constitute a breach.breach of this Contract.‌ i. In the case there exists any business or familial relationship between the Governing Authority or any of its officers or employees and an operator or management company contracted by the School or any of that operator or management company’s officers or employees, other than the management agreement itself, the School shall obtain from the operator or management company an agreement indemnifying the School for financial losses to the School due to conflict of interest, up to the amount of the moneys received by the operator or management company.‌

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management company agreement shall keep accurate records as to stipulate which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. The management agreement shall require accurate records to be kept regarding the funds used to purchase all property. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009R.C. 3314.024. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that if If the sponsorship is terminated for cause, or, non-renewed for cause based on academic or fiscal performance, the school shall be able to terminate the management agreementits agreement with its operator. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.

MANAGEMENT BY THIRD PARTIES. Under Ohio law, the Governing Authority may contract with a third-party management organization for management or operation of the school. The Governing Authority shall provide the CMSD Sponsor with a copy of any contract (“management agreement”) it enters into with an operator without delay upon execution. Acceptance of copies of the management agreement by the CMSD Sponsor shall not be deemed an approval or opinion regarding the legality of any such terms under Ohio law and is not binding upon the CMSDSponsor. If the Governing Authority changes any material term of a management agreement, it shall provide the CMSD Sponsor with notice of the terms of any management agreement as modified by the proposed changes promptly after execution of such changes. a. The Governing Authority shall adhere to the ethics, fiscal, and legal laws regarding its relationship with the operator and shall not agree to any terms in the agreement violating any ethical, fiscal, or legal laws, rules, and regulations. b. The management agreement shall include criteria to be used for early termination of the operator contract. c. The Governing Authority shall annually evaluate the management company’s performance. The Governing Authority shall consider, but is not limited to, the management company’s performance with academics and fiscal operations, if such service is provided under the agreement. The Governing Authority shall provide the CMSD Sponsor with the evaluation. d. The management company agreement shall keep accurate records as to which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or operator. e. If the management company provides services of any kind to the School in excess of twenty percent (20 percent) of the School’s gross annual revenues, including a la carte services as well as any operational fees, then the management company must provide a detailed accounting of the nature and costs of the services it provides to the School, pursuant to Audit Bulletin 2004-009. This information shall be summarized in the footnotes of the financial statements of the school and shall be subject to audit during the course of the regular financial audit of the community school. This information must also be sufficient to permit the School’s treasurer to comply with duties as described in section 14 of this contract, with respect to transactions undertaken by the management company on behalf of the School. f. The management agreement must provide that if If the sponsorship is terminated for cause, or, non-renewed for cause based on academic or fiscal performance, the school shall be able to terminate the management agreementits agreement with its operator. g. If the school takes action in good faith and later finds it is non-compliant, such action shall not constitute a breach.