Common use of Operational Powers Clause in Contracts

Operational Powers. Subject to the condition and provisions of this Contract, LCS shall be fiscally responsible for its own operations within the limitations of any funding provided by the School District and other revenues derived by LCS consistent with law. 8.6.1 LCS shall have authority to exercise independently, consistent with federal and state law and School District policies, to the extent any of the foregoing have not been waived, the following powers (including such other powers as provided for elsewhere in this Contract) to the extent consistent with this Contract and within its adopted budget: contract for goods and services; lease facilities for school purposes; prepare a proposed budget; select, hire, evaluate and terminate personnel, and determine their compensation; contract for professional services; procure insurance; purchase, lease, or rent furniture, equipment, and supplies; retain fees collected from students in accordance with law; and accept and expend gifts, donations, or grants of any kind in accordance with the conditions prescribed by the donor, as consistent with law and not contrary to any of the terms of this Contract. 8.6.2 Unless otherwise agreed in writing by the School District, LCS shall not have authority to enter into a contract or subcontract for the management or administration of its core instructional program or services, including special education and related services, and shall not enter into any other contracts beyond the scope of the express authority delegated under this Contract. 8.6.3 LCS shall comply with applicable provisions of Article X, Section 20 of the Colorado Constitution. LCS shall not have any authority to enter into any agreement or make any commitment that gives rise to a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever on the part of LCS or the School District without the prior express written consent of the School District. 8.6.4 In exercising its powers, LCS shall comply with all applicable School District Board of Education-approved policies, except as amended by this Contract and except as otherwise required by law, unless a specific waiver is obtained. Upon adoption by the School District Board of Education, all policy changes will be forwarded to LCS when distributed to other schools within the School District. LCS shall furnish to the School District Board of Education copies of all written policies or procedures it may develop relating to its operations and educational program. LCS agrees to comply with future District policies applicable to the School, unless such policies are waived. 8.6.5 LCS shall clearly indicate to vendors and other entities and individuals outside the School District that the obligations of LCS under any agreement are solely the responsibility of LCS and are not the responsibility of the School District. 8.6.6 LCS shall report to the School District all gifts or donations to the school or to any of its affiliated or supporting organizations of cash or property having a reasonable value in excess of $2,500 by recording the same in the annual audit required under Section 7 above. LCS shall report to the Board of Education within fourteen days the acceptance of any gift or donation to the school or to any of its affiliated or supporting organizations in excess of $10,000, and shall obtain prior School District Board of Education approval for the acceptance of any grant, gift, or donation that would involve any condition or obligation on the part of the School District. Grants and gifts to LCS will not affect funding by the School District pursuant to this Contract. All such non-consumable grants, gifts, and donations to LCS shall be considered the property of LCS, unless otherwise provided in writing by the donor. LCS shall have the right to use such donated items, in accordance with the conditions prescribed by the donor, during the term of this charter; provided however, that no gift, donation, or grant shall be accepted by LCS if it is subject to any condition contrary to law or contrary to this Contract.

Operational Powers. Subject to the condition conditions and provisions of this Renewal Contract, LCS Liberty Common shall be fiscally responsible for its own operations within the limitations of any funding provided by the School District and other revenues derived by LCS Liberty Common, consistent with governing law. The Application and Renewal Application do not provide for Liberty Common to contract with the education management provider as described in C.R.S. §§ 22-30.5-103(3.5) & -104(4)(b); therefore, Liberty Common is prohibited from entering into any such contract in the absence of a written amendment to this Renewal Contract expressly authorizing it to do so. 8.6.1 LCS 7.9.1 The Liberty Common Board of Directors, on behalf of Liberty Common, shall have authority to exercise independently, consistent with federal and state law and School District policies, to the extent any of the foregoing have not been waivedlaw, the following powers (including such other powers as provided for elsewhere in this Renewal Contract) , and provided for in the Application and Renewal Application to the extent consistent with this Contract and within its adopted budget: Renewal Contract): contract for goods and services; prepare a budget; select personnel and determine their compensation; procure insurance; lease and/or purchase facilities for school purposes; prepare a proposed budget; select, hire, evaluate and terminate personnel, and determine their compensation; contract for professional services; procure insurance; purchase, lease, lease or rent furniture, equipment, equipment and supplies; retain fees collected from students in accordance with governing law; and accept and expend gifts, donations, donations or grants of any kind in accordance with the such conditions prescribed by the donor, donor as are consistent with law and not contrary to any of the terms of this Renewal Contract. 8.6.2 . Unless otherwise agreed herein or in writing by the School District, LCS Liberty Common shall not have the authority to enter into a contract or subcontract for the management or administration of its core instructional program or services. 7.9.2 The Liberty Common Board of Directors, including special education on behalf of Liberty Common, as an alternative to leasing school facilities, may purchase a facility to house the school, provided that the facility is appropriate for use as a school facility and related servicesmeets the requirements of applicable law, or can be made to meet the requirements of applicable law within the budget approved by the School District, and shall provided that the Liberty Common Board of Directors makes clear to any sellers, mortgagees and other parties to the purchase and/or financing agreements that the obligations of Liberty Common under the purchase and/or financing agreements are solely the responsibility of Liberty Common and are not enter into any other contracts beyond the scope responsibility of the express authority delegated under this ContractSchool District, and that such agreements and arrangements do not in any way obligate the School District in the event of default on the part of Liberty Common. Prior to contracting for any facility or for any expansion of or significant modification to any facility, Liberty Common shall comply with the provisions of C.R.S. § 22-32-124(1.5). 8.6.3 LCS 7.9.3 Liberty Common shall comply with applicable provisions of Article Colo. Const. art. X, Section 20 of the Colorado Constitution§ 20. LCS Liberty Common shall not have any authority to enter into any agreement or make any commitment that gives rise to a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever on the part of LCS Liberty Common or the School District without the prior express written consent of the School Districtadequate present cash reserves pledged irrevocably and held for payments in all future fiscal years. 8.6.4 7.9.4 In exercising its powers, LCS Liberty Common shall comply with all applicable School District Board of Education-approved policiespolicies and regulations, except as amended by this Contract and except as otherwise required Contract, to the extent not waived or amended in writing by law, unless a specific waiver is obtained. Upon adoption by the School District Board of Education, all policy changes will be forwarded to LCS when distributed to other schools within the School District. LCS Liberty Common shall furnish provide the Board with at least thirty (30) days prior notice of proposed revisions to its bylaws or governance policies, or any other policies, regulations or procedures concerning its governance structure. The Board reserves the right to object to any proposed changes by providing written notice to Liberty Common within thirty (30) days of receipt of notice. If no such written notice is received by Liberty Common in the above stated timeframe, Liberty Common may adopt the proposed revisions. For any policies, regulations or procedures submitted to the Board and approved in connection with a request for a waiver from state law or School District Board policies and/or regulations, Liberty Common shall submit any material modifications of Education copies of all written policies or procedures it may develop relating to its operations such policies, regulations and educational program. LCS agrees to comply with future District policies applicable procedure to the School, unless such policies are waivedBoard for approval prior to implementation. 8.6.5 LCS 7.9.5 Liberty Common shall clearly indicate to vendors and other entities and individuals outside the School District that the obligations of LCS Liberty Common under any agreement or contract are solely the responsibility of LCS Liberty Common and are not the responsibility of the School District. 8.6.6 LCS 7.9.6 Liberty Common shall report all gifts, donations and grants to the School District all gifts District’s Chief of Staff by recording same in the financial records and reports required under paragraphs 6.3 and 7.12 of this Renewal Contract. Liberty Common shall inform the Board of any gift, donation or donations to the school or to any of its affiliated or supporting organizations of cash or property having a reasonable value grant in excess of ten thousand dollars ($2,500 by recording the same in the annual audit required under Section 7 above10,000) that is subject to any terms, conditions and/or obligations applicable to Liberty Common. LCS Liberty Common shall report to obtain approval from the Board of Education within fourteen days prior to the acceptance of any gift or donation to the school or to any of its affiliated or supporting organizations grant in excess of ten thousand dollars ($10,000) that has any terms, and shall obtain prior School District Board of Education approval for the acceptance of any grantconditions, giftobligations, or donation that would involve any condition or obligation on the part of and/or information, aside from basic information, pertaining to the School District. Grants and gifts accepted by Liberty Common, and Liberty Common’s fund-raising activities, shall be consistent with applicable law, and consistent with School District policies and regulations to LCS will the extent not affect funding waived or amended in writing by the School District pursuant to this ContractDistrict. All such non-consumable grants, gifts, gifts and donations to LCS shall be considered included among the property assets returned to the School District in the event of LCSdissolution, unless otherwise provided in writing by the donor. LCS shall have . 7.9.7 In the right event that Liberty Common fails or refuses to use such donated items, conduct its operations or otherwise perform in accordance with the conditions prescribed by the donor, during the term requirements of this charter; provided however, that no gift, donation, or grant shall be accepted by LCS if it is subject to any condition contrary to federal and state law or contrary this Renewal Contract after advance written notice from the Chief of Staff and a reasonable opportunity to this Contractcorrect the problem, the School District may use its resources to correct the problem and charge the reasonable cost thereof, including attorney and consultant fees and costs, against its monthly funding of Liberty Common as otherwise provided for herein.

Operational Powers. Subject to the condition conditions and provisions of this Contract, LCS and pursuant to the provisions of the Horizons Council Bylaws, or substituted bylaws approved by the School District, Horizons shall be fiscally responsible for its own operations within the limitations of any funding provided by the School District and other revenues derived by LCS Horizons consistent with law. 8.6.1 LCS 8.7.1 Horizons shall have authority to exercise independently, also consistent with federal and state law and School District policies, to the extent any of the foregoing have not been waivedlaw, the following powers (including such other powers as provided for elsewhere in this Contract) Contract and in the Horizons Council Bylaws, or substituted bylaws approved by the School District, to the extent consistent with this Contract and within its adopted budget: contract for Contract): purchase goods and services; lease facilities for school purposesservices in accordance with law and Board policy; prepare a proposed budget; select, hire, evaluate and terminate personnel, select personnel and determine their compensation; contract for professional services; procure insuranceinsurance at its expense; purchase, lease, or rent furniture, equipment, supplies, facilities, and suppliestransportation; retain fees collected from students in accordance with law; and accept and expend gifts, donations, or grants of any kind in accordance with the such conditions prescribed by the donor, donor as are consistent with law and not contrary to any of the terms of this Contract. 8.6.2 Unless otherwise agreed in writing by the School District, LCS shall not have authority to enter into a contract or subcontract for the management or administration of its core instructional program or services, including special education and related services, and shall not enter into any other contracts beyond the scope of the express authority delegated under this Contract. 8.6.3 LCS 8.7.2 Horizons shall comply with applicable provisions of Article X, Section 20 of the Colorado ConstitutionXXXXX. LCS Horizons shall not have any authority to enter into any agreement or make any commitment that gives rise to a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever on the part of LCS Horizons or the School District without the prior express written consent of the School District. 8.6.4 8.7.3 In exercising its powers, LCS Horizons shall comply with all presently existing applicable School District Board of EducationBoard-approved policiespolicies and regulations, except as amended by this Contract and except as otherwise required by lawContract, unless a specific waiver is obtained. Upon adoption by the All School District Board of Education, all District-approved policy and regulation changes will be forwarded available to LCS Horizons when distributed made available to other schools within the School District. LCS Horizons shall furnish to the School District Board of Education copies of all written policies or procedures it may develop with respect to any matter relating to its operations and educational programprogram upon adoption of such policies by the Horizons Council or by the body designated with such authority in Horizons' bylaws. LCS Horizons agrees to comply with future District School District-approved policies applicable and regulations unless Horizons demonstrates to the SchoolSchool District that any such policy would materially interfere with essential elements of Horizons’ educational program as implemented pursuant to its Application as amended herein. In that case, unless the parties agree to negotiate the potential for a waiver of such policies are waivedpolicy. 8.6.5 LCS 8.7.4 Horizons shall clearly indicate to vendors and other entities and individuals outside the School District with which or with whom Horizons desires to transact business that the obligations of LCS Horizons under any agreement are solely the responsibility of LCS Horizons and are not the responsibility of the School District. 8.6.6 LCS shall report to the School District 8.7.5 All cash gifts or donations and all gifts or donations to the school or to any of its affiliated or supporting organizations of cash or property property, having a reasonable value in excess of $2,500 5,000, shall be reported by Horizons to the School District by recording the same in the annual audit financial records required under Section 7 paragraph 7, above. LCS Horizons shall report to the Board of Education within fourteen days the acceptance of any gift or donation to the school or to any of its affiliated or supporting organizations in excess of $10,000, 10,000 and shall obtain the prior School District approval of the Board of Education approval for the acceptance of any grant, gift, grant and any gift or donation that would involve any condition or obligation on the part of the School District. Grants and gifts to LCS Horizons and Horizons’ fund raising activities shall be consistent with School District policies, unless otherwise approved by the Board of Education, but will not affect funding by the School District pursuant to this Contract. All such non-consumable grants, gifts, and donations to LCS shall be considered the property of LCSthe School District, unless otherwise provided in writing by the donor. LCS . 8.7.6 Unless otherwise agreed in writing by the School District, Horizons shall not have the right authority to use such donated itemsenter into a contract or subcontract for the management or delivery of its instructional program or services by any person or entity that is not a teacher or administrator employed directly by Horizons itself or the School District. This provision shall not prevent Horizons from engaging independent contractors to teach selected, in accordance with the conditions prescribed by the donorspecific classes from time to time, during the term of this charter; provided however, that no gift, donation, or grant shall be accepted by LCS if it is subject to any condition contrary to law or contrary to this Contractas needed.

Operational Powers. Subject to the condition conditions and provisions of this Contract, LCS DSST shall be fiscally responsible for its own operations within the limitations of any funding provided by the School District and other revenues derived by LCS DSST consistent with law. 8.6.1 LCS 8.7.1 DSST shall have authority to exercise independently, consistent with federal and state law and School District policieslaw, the powers authorized to the extent any of the foregoing have not been waiveda Colorado public charter school operating as a nonprofit corporation, including, without limitation, the following powers (including and such other powers as provided for elsewhere in this Contract) to the extent consistent with this Contract and within its adopted budget: contract for goods and services; lease facilities for school purposes; prepare a proposed budget; select, hire, evaluate and terminate personnel, and determine their compensation; contract for professional services; procure insurance; purchase, lease, lease or rent furniture, equipment, equipment and supplies; retain fees collected from students in accordance with law; and accept and expend gifts, donations, donations or grants of any kind in accordance with the conditions prescribed by the donor, as consistent with law and not contrary to any of the terms of this Contract. 8.6.2 8.7.2 Unless otherwise agreed in writing by the School District, LCS DSST shall not have authority to enter into a contract or subcontract for the management or administration of its core instructional program or services, including special education and related services, and shall not enter into any other contracts beyond the scope of the express authority delegated under this Contract.. This shall not prevent DSST from engaging independent contractors to teach selected, specific courses. This restriction shall not prevent DSST, should it have additional approved charter schools or campuses in this or other districts, from making appropriate arrangements to provide its own centralized services to one or more schools provided that assets, funds, liabilities and financial records for the school authorized under this contract shall be kept separate from assets, funds, liabilities, and financial records of any other campus or school and that the arrangement is otherwise authorized by the Act. Nothing contained herein shall imply or create the presumption, expectation or entitlement that DSST will be granted a charter for a second campus within the School District, except as specifically set forth in the June 20, 2017 resolution approving the DSST application, the terms of which are incorporated herein 8.6.3 LCS 8.7.3 DSST shall comply with applicable provisions of Article X, Section 20 of the Colorado Constitution. LCS shall not have any authority to enter into any agreement or make any commitment that gives rise to a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever on the part of LCS or the School District without the prior express written consent of the School District. 8.6.4 8.7.4 In exercising its powers, LCS DSST shall comply with all applicable School District Board of EducationBoard-approved policies, except as amended by this Contract and except as otherwise required by law, unless a specific waiver is obtained. Upon adoption by the School District Board of EducationBoard, all policy changes will be forwarded or made available to LCS when distributed DSST in the same manner as to other schools within the School District. LCS DSST shall furnish to the School District Board of Education copies of all written policies or procedures it may develop relating to its operations and educational program. LCS DSST agrees to comply with future District policies applicable unless waived. In that case, the parties agree to negotiate the School, unless potential for a waiver of such policies are waivedpolicy. 8.6.5 LCS shall clearly indicate to vendors and other entities and individuals outside the School District that the obligations of LCS under any agreement are solely the responsibility of LCS and are not the responsibility of the School District. 8.6.6 LCS shall report to the School District all gifts or donations to the school or to any of its affiliated or supporting organizations of cash or property having a reasonable value in excess of $2,500 by recording the same in the annual audit required under Section 7 above. LCS 8.7.5 DSST shall report to the Board of Education within fourteen days the acceptance of any gift or donation to the school or to any of its affiliated or supporting organizations in excess of $10,000, and shall obtain prior School District Board of Education approval for the acceptance of any grant, gift, or donation that would involve any condition or obligation on the part of the School District. Grants and gifts to LCS DSST generated through fundraising activities will not affect funding by the School District pursuant to this Contract. All such non-consumable grants, gifts, and donations to LCS shall be considered the property of LCSthe DSST, unless otherwise provided in writing by the donor. LCS DSST shall have the right to use such donated items, items in accordance with the conditions prescribed by the donor, donor during the term of this charterContract; provided provided, however, that no gift, donation, or grant shall be accepted by LCS DSST if it is subject to any condition contrary to law or contrary to this Contract.

Operational Powers. Subject to the condition conditions and provisions of this Contract, LCS TCA shall be fiscally responsible for its own operations within the limitations of any funding provided by the School District and other revenues derived by LCS TCA consistent with law. 8.6.1 LCS 8.14.1. TCA shall have authority to exercise independently, consistent with federal and state law and School District policies, to the extent any of the foregoing have not been waivedlaw, the following powers (including such other powers as provided for elsewhere in this Contract) Contract and in the Application to the extent consistent with this Contract and within its adopted budget: contract Contract): prepare purchase orders for goods and services; lease facilities for school purposes; prepare a proposed budget; select, hire, evaluate and terminate personnel, select personnel and determine their compensation; contract for professional services; procure insurance; purchase, lease, or rent furniture, equipment, and supplies; retain fees collected from students in accordance with law; and accept and expend gifts, donations, or grants of any kind in accordance with the such conditions prescribed by the donor, donor as are consistent with law and not contrary to any of the terms of this Contract. Nothing in this section 8.13.1 shall be construed to limit the power and authority provided to TCA elsewhere in this Contract and the Application to the extent it is consistent with this Contract, or granted by state law. 8.6.2 Unless otherwise agreed in writing by the School District, LCS shall not have authority to enter into a contract or subcontract for the management or administration of its core instructional program or services, including special education and related services, and shall not enter into any other contracts beyond the scope of the express authority delegated under this Contract. 8.6.3 LCS 8.14.2. TCA shall comply with applicable provisions of Article X, Section 20 of the Colorado Constitution. LCS TCA shall not have any authority give the School District notice prior to enter entering into any agreement or make making any commitment that gives rise to a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever on the part of LCS or obligation. TCA has no authority to obligate the School District to any financial obligation without the prior express written consent of the School District. 8.6.4 8.14.3. In exercising its powers, LCS TCA shall comply with all applicable School District Board of Education-or Superintendent approved policies, except as amended by this Contract and except as otherwise required by law, policies unless a specific waiver is obtainedobtained or TCA has adopted its own comparable policy. Upon adoption by the School District Board of Education, all All policy changes will be forwarded posted to LCS when distributed to other schools within the School DistrictTCA website. LCS Upon request, TCA shall furnish to the School District Board of Education copies of all written policies or procedures it may develop with respect to any matter relating to its operations and educational programprogram upon adoption of such policies by the TCA Board. LCS TCA agrees to comply with future District policies applicable to the School, unless such policies are waiveda specific waiver is obtained. 8.6.5 LCS 8.14.4. TCA shall clearly indicate to vendors and other entities and individuals outside the School District with which or with whom TCA desires to transact business that the obligations of LCS TCA under any agreement are solely the responsibility of LCS TCA and are not the responsibility of the School District. 8.6.6 LCS shall report to the School District 8.14.5. All cash gifts or donations and all gifts or donations to the school or to any of its affiliated or supporting organizations of cash or property property, having a reasonable value in excess of $2,500 5,000, shall be reported by TCA to the School District by recording the same in the annual audit financial records required under Section 7 paragraph 7.3, above. LCS TCA shall report to the Board of Education within fourteen days semi-annually the acceptance of any gift or donation to the school or to any of its affiliated or supporting organizations in excess of $10,000, 10,000 and shall obtain the prior School District approval of the Board of Education approval for the acceptance of any grant, gift, grant and any gift or donation that would involve any condition or obligation on the part of the School District. Grants and gifts to LCS TCA and TCA's fund raising activities shall be consistent with School District policies but will not affect funding by the School District pursuant to this Contract. All such non-consumable grants, gifts, and donations to LCS shall be considered the property of LCS, unless otherwise provided in writing by the donor. LCS shall have the right to use such donated items, in accordance with the conditions prescribed by the donor, during the term of this charter; provided however, that no gift, donation, or grant shall be accepted by LCS if it is subject to any condition contrary to law or contrary to this Contract.