Required Terms of Service Contract. The Service Contract shall include, in substance, the following terms: a. The Service Contract shall be subject to, and shall incorporate by reference, the terms and conditions of the Charter. No provision of the Service Contract shall interfere with the Organizer's ability to perform its obligations under the Charter. The Organizer shall at all times remain legally responsible to the Mayor for the operations and management of the Charter School and for ensuring that the terms and conditions of the Charter are satisfied. b. The Service Contract shall specify a reasonable fixed term, not to exceed the term of the Charter, and shall be terminable (i) at any time by the mutual written agreement of the Organizer and the EMO; (ii) by the Organizer upon any material breach of the Service Contract by the EMO; (iii) by the Organizer if the Service Contract or its implementation would serve as grounds for revocation under the Charter, would jeopardize the tax exempt or not-for-profit status of the Organizer, would create adverse tax consequences for the Organizer, or would cause the Organizer to be in violation of applicable law; or (iv) by the Organizer or EMO upon such other grounds as are specified by the Service Contract. c. The EMO shall furnish all information relating to its contract with the Organizer that is deemed necessary by the Organizer or the Charter Schools Director (i) to fulfill the Organizer's reporting requirements under the Charter, (ii) for the Mayor's proper oversight of the Charter School operations, and (iii) as otherwise required under applicable law or the Charter. This information shall be prepared by the EMO in accordance with the uniform accounting principles prescribed by the State Board of Education and State Board of Accounts, or in such other form as may be required under applicable law or the Charter. d. All EMO employees, contractors of the EMO, or employees of contractors of the EMO who have direct, ongoing contact with children at the Charter School within the scope of their employment, shall be subject to criminal background check requirements to the same extent as employees of the Organizer who have direct, ongoing contact with children at the Charter School within the scope of their employment. e. The EMO shall comply with all applicable law and the terms and conditions of the Charter. f. The Organizer shall be the recipient of all public funds that are disbursed to fund the operations of the Charter School and all other funds to which the Charter School or the Organizer is entitled. g. The EMO shall comply with all terms and conditions established by any funding source. h. The Service Contract shall, in its entirety, be consistent with the Organizer's status as a nonprofit entity under the Internal Revenue Code or applicable state law, including but not limited to any applicable provisions prohibiting or restricting private benefit or private inurement. i. The Organizer's board of directors (the "Board") shall be structurally independent of the EMO and shall set and approve broad school policies, such as the budget, curriculum, student conduct, school calendars, and dispute resolution procedures. j. The Service Contract shall not require the EMO's name to be included in or attached to the name of the Charter School.
Appears in 14 contracts
Samples: Charter School Agreement, Charter School Agreement, Charter School Agreement
Required Terms of Service Contract. The Service Contract shall include, in substance, the following terms:
a. The Service Contract shall be subject to, and shall incorporate by reference, the terms and conditions of the CharterCharter Agreement. No provision of the Service Contract shall interfere with the Organizer's ability to perform its obligations under the CharterCharter Agreement. The Organizer shall at all times remain legally responsible to the Mayor Sponsor for the operations and management of the Charter School and for ensuring that the terms and conditions of the Charter Agreement are satisfied.
b. The Service Contract shall specify a reasonable fixed term, not to exceed the term of the Charter, and shall be terminable in accordance with its bylaws or other established termination procedures, as follows: (i) at any time by the mutual written agreement of the Organizer and the EMOESP; (ii) by the Organizer Organizer, upon any material breach of the Service Contract by the EMOESP; (iii) by the Organizer Organizer, if the Service Contract or its implementation would serve as grounds for revocation under the CharterCharter Agreement, would jeopardize the tax exempt or not-for-profit status of the Organizer, would create adverse tax consequences for the Organizer, or would cause the Organizer to be in violation of applicable law; or (iv) by the Organizer or EMO ESP, upon such other grounds as are specified by the Service Contract.
c. The EMO ESP shall furnish all information relating to its contract with the Organizer that is deemed necessary by the Organizer or the Charter Schools Director (i) to fulfill the Organizer's reporting requirements under the Charter, (ii) for the MayorSponsor's proper oversight of the Charter School operations, and (iii) as otherwise required under applicable law or the CharterCharter Agreement. This information shall be prepared by the EMO ESP in accordance with the uniform accounting principles prescribed by the State Board of Education and State Board of Accounts, or in such other form as may be required under applicable law or the Charter.form
d. All EMO ESP employees, contractors of the EMOESP, or employees of contractors of the EMO ESP who have direct, ongoing contact with children at the Charter School within the scope of their employment, shall be subject to criminal background check requirements to the same extent as employees of the Organizer who have direct, ongoing contact with children at the Charter School within the scope of their employment.
e. The EMO ESP shall comply with all applicable law and the terms and conditions of the CharterCharter Agreement.
f. The Organizer shall be the recipient of all public funds that are disbursed to fund the operations of the Charter School and all other funds to which the Charter School or the Organizer is entitled.
g. The EMO ESP shall comply with all requirements, terms and conditions established by any federal or state funding source.
h. The Service Contract shall, in its entirety, be consistent with the Organizer's status as a nonprofit entity under the Internal Revenue Code or applicable state law, including but not limited to any applicable provisions prohibiting or restricting private benefit or private inurement.
i. The Organizer's board of directors (hereinafter referred to as the "Board") shall be structurally independent of the EMO ESP and shall set and approve broad school policies, such as the budget, curriculum, student conduct, school calendars, and dispute resolution procedures.
j. Notwithstanding any provision to the contrary in the Charter Agreement, Application or Bylaws, in no event shall the Board, at any time, be comprised of voting members of whom more than forty- nine percent (49%) are directors, officers, employees, agents or otherwise affiliated with the ESP.
k. The Service Contract shall not require the EMOESP's name to be included in or attached to the name of the Charter School.
Appears in 2 contracts
Required Terms of Service Contract. The Service Contract shall include, in substance, the following terms:
a. The Service Contract shall be subject to, and shall incorporate by reference, the terms and conditions of the CharterCharter Agreement. No provision of the Service Contract shall interfere with the Organizer's ability to perform its obligations under the CharterCharter Agreement. The Organizer shall at all times remain legally responsible to the Mayor Sponsor for the operations and management of the Charter School and for ensuring that the terms and conditions of the Charter Agreement are satisfied.
b. The Service Contract shall specify a reasonable fixed term, not to exceed the term of the Charter, and shall be terminable in accordance with its bylaws or other established termination procedures, as follows: (i) at any time by the mutual written agreement of the Organizer and the EMOESP; (ii) by the Organizer Organizer, upon any material breach of the Service Contract by the EMOESP; (iii) by the Organizer Organizer, if the Service Contract or its implementation would serve as grounds for revocation under the CharterCharter Agreement, would jeopardize the tax exempt or not-for-profit status of the Organizer, would create adverse tax consequences for the Organizer, or would cause the Organizer to be in violation of applicable law; or (iv) by the Organizer or EMO ESP, upon such other grounds as are specified by the Service Contract.
c. The EMO ESP shall furnish all information relating to its contract with the Organizer that is deemed necessary by the Organizer or the Charter Schools Director (i) to fulfill the Organizer's reporting requirements under the Charter, (ii) for the MayorSponsor's proper oversight of the Charter School operations, and (iii) as otherwise required under applicable law or the CharterCharter Agreement. This information shall be prepared by the EMO ESP in accordance with the uniform accounting principles prescribed by the State Board of Education and State Board of Accounts, or in such other form as may be required under applicable law or the CharterCharter Agreement.
d. All EMO ESP employees, contractors of the EMOESP, or employees of contractors of the EMO ESP who have direct, ongoing contact with children at the Charter School within the scope of their employment, shall be subject to criminal background check requirements to the same extent as employees of the Organizer who have direct, ongoing contact with children at the Charter School within the scope of their employment.
e. The EMO ESP shall comply with all applicable law and the terms and conditions of the CharterCharter Agreement.
f. The Organizer shall be the recipient of all public funds that are disbursed to fund the operations of the Charter School and all other funds to which the Charter School or the Organizer is entitled.
g. The EMO ESP shall comply with all requirements, terms and conditions established by any federal or state funding source.
h. The Service Contract shall, in its entirety, be consistent with the Organizer's status as a nonprofit entity under the Internal Revenue Code or applicable state law, including but not limited to any applicable provisions prohibiting or restricting private benefit or private inurement.
i. The Organizer's board of directors (hereinafter referred to as the "Board") shall be structurally independent of the EMO ESP and shall set and approve broad school policies, such as the budget, curriculum, student conduct, school calendars, and dispute resolution procedures.
j. Notwithstanding any provision to the contrary in the Charter Agreement, Application or Bylaws, in no event shall the Board, at any time, be comprised of voting members of whom more than forty-nine percent (49%) are directors, officers, employees, agents or otherwise affiliated with the ESP.
k. The Service Contract shall not require the EMOESP's name to be included in or attached to the name of the Charter School.
Appears in 1 contract
Samples: Charter School Agreement
Required Terms of Service Contract. The Service Contract shall include, in substance, the following terms:
a. The Service Contract shall be subject to, and shall incorporate by reference, the terms and conditions of the CharterCharter Agreement. No provision of the Service Contract shall interfere with the Organizer's ability to perform its obligations under the CharterCharter Agreement. The Organizer shall at all times remain legally responsible to the Mayor Sponsor for the operations and management of the Charter School and for ensuring that the terms and conditions of the Charter Agreement are satisfied.
b. The Service Contract shall specify a reasonable fixed term, not to exceed the term of the Charter, and shall be terminable in accordance with its bylaws or other established termination procedures, as follows: (i) at any time by the mutual written agreement of the Organizer and the EMOESP; (ii) by the Organizer Organizer, upon any material breach of the Service Contract by the EMOESP; (iii) by the Organizer Organizer, if the Service Contract or its implementation would serve as grounds for revocation under the CharterCharter Agreement, would jeopardize the tax exempt or not-for-profit status of the Organizer, would create adverse tax consequences for the Organizer, or would cause the Organizer to be in violation of applicable law; or (iv) by the Organizer or EMO ESP, upon such other grounds as are specified by the Service Contract.
c. The EMO ESP shall furnish all information relating to its contract with the Organizer that is deemed necessary by the Organizer or the Charter Schools Director (i) to fulfill the Organizer's reporting requirements under the Charter, (ii) for the MayorSponsor's proper oversight of the Charter School operations, and (iii) as otherwise required under applicable law or the CharterCharter Agreement. This information shall be prepared by the EMO ESP in accordance with the uniform accounting principles prescribed by the State Board of Education and State Board of Accounts, or in such other form as may be required under applicable law or the CharterCharter Agreement.
d. All EMO ESP employees, contractors of the EMOESP, or employees of contractors of the EMO ESP who have direct, ongoing contact with children at the Charter School within the scope of their employment, shall be subject to criminal background check requirements to the same extent as employees of the Organizer who have direct, ongoing contact with children at the Charter School within the scope of their employment.
e. The EMO ESP shall comply with all applicable law and the terms and conditions of the CharterCharter Agreement.
f. The Organizer shall be the recipient of all public funds that are disbursed to fund the operations of the Charter School and all other funds to which the Charter School or the Organizer is entitled.
g. The EMO ESP shall comply with all requirements, terms and conditions established by any federal or state funding source.
h. The Service Contract shall, in its entirety, be consistent with the Organizer's status as a nonprofit entity under the Internal Revenue Code or applicable state law, including but not limited to any applicable provisions prohibiting or restricting private benefit or private inurement.
i. The Organizer's board of directors (hereinafter referred to as the "Board") shall be structurally independent of the EMO ESP and shall set and approve broad school policies, such as the budget, curriculum, student conduct, school calendars, and dispute resolution procedures.
j. Notwithstanding any provision to the contrary in the Charter Agreement, Application or Bylaws, in no event shall the Board, at any time, be comprised of voting members of whom more than forty- nine percent (49%) are directors, officers, employees, agents or otherwise affiliated with the ESP.
k. The Service Contract shall not require the EMOESP's name to be included in or attached to the name of the Charter School.
Appears in 1 contract
Samples: Charter School Agreement
Required Terms of Service Contract. The Service Contract shall include, in substance, the following terms:
a. The Service Contract shall be subject to, and shall incorporate by reference, the terms and conditions condi- tions of the CharterCharter Agreement. No provision of the Service Contract shall interfere with the Organizer's ability to perform its obligations under the CharterCharter Agreement. The Organizer shall at all times remain legally responsible to the Mayor Sponsor for the operations and management of the Charter School and for ensuring that the terms and conditions of the Charter Agreement are satisfiedsatis- fied.
b. The Service Contract shall specify a reasonable fixed term, not to exceed the term of the Charter, and shall be terminable in accordance with its bylaws or other established termination procedures, as follows: (i) at any time by the mutual written agreement of the Organizer and the EMOESP; (ii) by the Organizer Organizer, upon any material breach of the Service Contract by the EMOESP; (iii) by the Organizer Organiz- er, if the Service Contract or its implementation would serve as grounds for revocation under the CharterCharter Agreement, would jeopardize the tax exempt or not-for-profit status of the Organizer, would create adverse tax consequences for the Organizer, or would cause the Organizer to be in violation of applicable law; or (iv) by the Organizer or EMO ESP, upon such other grounds as are specified spec- ified by the Service Contract.
c. The EMO ESP shall furnish all information relating to its contract with the Organizer that is deemed necessary by the Organizer or the Charter Schools Director (i) to fulfill the Organizer's reporting report- ing requirements under the Charter, (ii) for the MayorSponsor's proper oversight of the Charter School operations, and (iii) as otherwise required under applicable law or the CharterCharter Agree- ment. This information shall be prepared by the EMO ESP in accordance with the uniform accounting account- ing principles prescribed by the State Board of Education and State Board of Accounts, or in such other form as may be required under applicable law or the CharterCharter Agreement.
d. All EMO ESP employees, contractors of the EMOESP, or employees of contractors of the EMO ESP who have direct, ongoing contact with children at the Charter School within the scope of their employmentemploy- ment, shall be subject to criminal background check requirements to the same extent as employees em- ployees of the Organizer who have direct, ongoing contact with children at the Charter School within the scope of their employment.
e. The EMO ESP shall comply with all applicable law and the terms and conditions of the CharterCharter Agreement.
f. The Organizer shall be the recipient of all public funds that are disbursed to fund the operations opera- tions of the Charter School and all other funds to which the Charter School or the Organizer is entitled.
g. The EMO ESP shall comply with all requirements, terms and conditions established by any federal or state funding source.
h. The Service Contract shall, in its entirety, be consistent with the Organizer's status as a nonprofit non- profit entity under the Internal Revenue Code or applicable state law, including but not limited lim- ited to any applicable provisions prohibiting or restricting private benefit or private inurement.
i. The Organizer's board of directors (hereinafter referred to as the "Board") shall be structurally independent of the EMO ESP and shall set and approve broad school policies, such as the budget, curriculum, student conduct, school calendars, and dispute resolution procedures.
j. Notwithstanding any provision to the contrary in the Charter Agreement, Application or By- laws, in no event shall the Board, at any time, be comprised of voting members of whom more than forty-nine percent (49%) are directors, officers, employees, agents or otherwise affiliated with the ESP.
k. The Service Contract shall not require the EMOESP's name to be included in or attached to the name of the Charter School.
Appears in 1 contract
Samples: Charter School Agreement