PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT A. Tuition costs incurred by administrator shall be reimbursed by the Board of Education under the following terms and conditions:
1. Tuition costs eligible for reimbursement must be for courses in the field of education. In addition, courses not in the field of education but closely related may be approved for reimbursement at the sole discretion of the Superintendent or his/her designee in advance of enrollment. Reimbursement will not be made until satisfactory evidence of having received a passing grade is presented.
2. Reimbursement for actual tuition costs incurred by a member shall be limited to a maximum reimbursement of the average tuition cost for twelve (12) graduate/Doctoral level credits at the following four (4) state universities: Rutgers, Rowan, College of New Jersey, and Montclair computed annually. Masters’ degree maximum will be limited to the average Masters’ level cost and Doctorate degree maximum will be limited to the average Doctoral level cost.
3. The date on which a course is completed will determine the contract year in which the credits will be applicable for reimbursement.
4. Non-tenured members shall be eligible for reimbursement at the level set forth in Subsection 2 above, for tuition costs incurred for graduate credits earned during a period after the award of a first-year contract, but prior to the commencement of work under a tenured contract; provided however, such reimbursement shall not be payable to such member unless and until said member has commenced work under a tenure contract.
5. Upon satisfactory compliance by the member with all of the terms and conditions set forth in the preceding subsections, such member shall be paid his/her reimbursement entitlement on either October 2 for the prior Spring and Summer course work taken, or April 1 for the prior Fall course work provided that the member is still in the employ of the Board on such date. Such payment shall be further conditioned on said member remaining in the employ of the Board for the remainder of the current school year. In the event that such member shall leave the employ of the Board prior to the expiration of the school year in which such reimbursement entitlement has been paid, such member shall be obligated to refund to the Board the entire reimbursement paid to him/her during such school year, and for such purpose, the Board shall be empowered to deduct said sum from such member’s salary payments.
6. No member shall be eligible for tuition reimbursement in connection with tuition costs incurred that are paid by the Veteran’s Administration or any other outside agency.
7. Upon earning tenure in the district as an administrator, the Board of Education shall reimburse the administrator costs associated with their participation in the New Jersey State Mentoring and Assessment Program. Participation in the Mentoring and Assessment Program must have occurred entirely during the time of employment in the Washington Township Public School District.
HHSC and Contractor Agreements HHSC and Contractor hereby agree:
A. That in the event any provision of this Contract becomes unenforceable or void all other provisions of this Contract will remain ineffect.
B. That the Contractor may not transfer or assign this Contract without the express prior written approval of HHSC.
C. That this Contract may be assigned to a state agency or agencies.
D. That HHSC may amend this Contract by written notice to the Contractor. HHSC reserves the right to amend this Contract through execution of a unilateral amendment signed by an HHSC person with delegated signature authority and provided to the Contractor under the following circumstances:
1. to correct an obvious clerical error in the Contract;
2. to incorporate new or revised federal or state statutes, rules or policies;
3. to comply with a court order or judgment; and
4. to change the name of the Contractor to reflect the Contractor's name as recorded by the Texas Secretary of State.
E. That nothing in this Contract or any conduct by a representative of HHSC relating to this Contract shall be construed as a waiver of the state's sovereign immunity to suit.
F. That neither party to this Contract waives its right to enforce a right under this Contract by failing to enforce or delaying the enforcement of any other right under this Contract.
G. That the Contractor is an independent contractor and not an employee of HHSC for any purpose. The Contractor and HHSC agreethat:
1. HHSC will not withhold or pay on behalf of the Contractor any sums for income tax, unemployment insurance, Social Security or any other withholding, or make available to the Contractor any of the benefits, including workers' compensation insurance coverage and health and retirement benefits, afforded to HHSC employees; and
2. the Contractor must indemnify HHSC from any liability, including attorneys' fees and legal expenses, incurred by HHSC with respect to claims that HHSC should have been withholding or making payments on behalf of the Contractor or providing benefits to the Contractor's employees.
H. That nothing in this Contract is intended to create a joint venture, a partnership or a principal-agent relationship.
I. That the Contractor assigns to HHSC all claims for overcharges associated with this Contract arising under the anti-trust laws of the United States, 15 U.S.C. §§ 1-38, or the anti-trust laws of the state of Texas, Tex. Bus. & Com. Code, §§ 15.01-.40.
J. That HHSC has authority to monitor and conduct fiscal and program compliance reviews of the Contractor and its subcontractor(s) to the extent of services provided under the terms of this Contract. The Contractor will grant on-site access at reasonable times to all records relating to services provided and payments received under the terms of this Contract to state and federal auditing agencies and personnel and representatives of HHSC and HHS when it is deemed necessary by such agencies for purposes of inspection, monitoring, auditing or evaluating Contractor's performance under this Contract and compliance with applicable state and federal laws, rules and regulations; the applicable HHSC provider handbook or manual; and this Contract. That for Title XX programs, HHSC shall, by Form 2029, Information Worksheet – POS Contract, set the rate or maximum amount of funds or both available to be paid to Contractor by HHSC. Form 2029 is incorporated into and made a part of this Contract and is effective for the time stated on the form. Form 2029 may be amended by HHSC as necessary to comply with state and federal laws and regulations or renewed by HHSC by a new Form 2029 and incorporated into and made part of this Contract.
K. That in compliance with §2262.003, Texas Government Code:
1. the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract;
2. acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds; and
3. under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.
L. That this Contract shall continue subject to the availability of appropriated funds or until the federal or state governments or both cease to participate in the program.
M. That any breach or violation of any of the provisions of this Contract or state or federal regulations shall make this entire Contract, at HHSC's option, subject to termination.
N. That if HHSC does not renew the Contractor's contract due to the Contractor's noncompliance with applicable federal or Texas statutes or rules, the Contractor cannot enter into another contract for a Community Services program until the application denial period established by HHSC expires.
O. That the venue for any lawsuit between HHSC and the Contractor shall be Travis County, Texas.
P. That this Contract may be terminated by:
