Common use of The Company’s Obligations Clause in Contracts

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees to be agreed to in advance, in writing by the LEA. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees fees, to be agreed to in advance, in writing by the LEA. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees fees, to be agreed to in advance, in writing writing, by the LEA. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees fees, to be agreed to in advance, in writing writing, by the LEA. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided. 3.5 If state law, rules or regulations pertaining to PERA change that would require substitutes to be considered employees subject to PERA, Company commits to fully supporting LEA with the transitioning of substitutes, paraprofessionals and employees back to the LEA, including staff hired directly by Company who work in LEA. Company will remain onsite during this transition back to the LEA and will leverage Company’s onsite management team to assist and ensure a successful transition. As an indication of Company’s level of commitment and partnership with LEA, Company will provide a payment in the amount of ten thousand dollars ($10,000.00) as reimbursement to the LEA in the case of a retransition back to the LEA due to PERA. XXX may use this payment at its discretion, for incentivizing substitutes to work directly for XXX.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will review the work performance and discipline issues over the past 5 years as available for any candidate. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees fees, to be agreed to in advance, in writing writing, by the LEA. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided. The Company will provide refresher training for employees as necessary as part of the post infraction corrective action plan. 3.5 The Company will follow the LEA process for investigating and managing concerns emerging from allegation of substitute misconduct, performance issues, and incidents. 3.6 The Company will provide an incentive and retention program for employees. 3.7 In the event of contract employee unionization, any labor agreement will be between the Company and the union, and not a part of the contract with the LEA. In no case will such a labor agreement supersede LEA policy, the LEA employee union agreement, or diminish any contract responsibility the Company has with the LEA.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff Teachers who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEADistrict, (b) have had a completed criminal history and child abuse background check as required by law and/or from the applicable New Jersey Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state State of New Jersey Department of Education and (d) who shall render services in accordance with applicable laws and procedures of the state State and this Agreement. 3.2 In selecting Substitute StaffTeacher, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff Teacher will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEADistrict, with an appropriate increase in the Company’s fees fees. If at any time the District or its Board of Education is unsatisfied with Substitute Teacher, the District may preclude that substitute from coming back to be agreed the District upon written notification to in advance, in writing by the LEACompany. 3.3 The Company seeks to provide Substitute Staff Teachers that are trained for the requested positions. The Company will provide Substitute Staff Teachers training as required by the State, State training including as applicable, applicable classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute StaffTeachers to a New Jersey school district. For existing LEA staff, the The Company shall provide training as for the existing District Substitute Teachers on a voluntary basis . Any specialized or additional training requested by the LEA District will be paid for a fee equal to by District at the Company’s actual cost. 3.4 The Company expects that the Substitute Staff Teachers assigned to the LEA District will perform their services satisfactorily. If the LEA District notifies the Company via the company electronic portal that a Substitute Staff Teacher has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons thereforDistrict, the Company shall cancel the charges incurred by the District with respect to such Substitute Teacher during the 24 hours immediately preceding the Company’s receipt of such notice. The cancellation of such charges shall be the District’s sole and exclusive remedy for the unsatisfactory performance by Substitute. The Company will honor the LEADistrict’s request not to assign specific Substitute StaffTeachers. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA District understands that declining the services of a specific Substitute Staff Teacher may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided. 3.5 Company will provide all documents required for public contracts, including but not limited to, Iran Investment Disclosure Certification, Business Registration, and FormW-9.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, who (a) if required, hold a current license license, credential, and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check check, with fingerprinting as required by law and/or and the applicable New Jersey Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state state, and (d) who shall render services in accordance with applicable laws and procedures of the state State and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees fees. If at any time the LEA or its Board of Education is unsatisfied with Staff, the LEA may preclude that Staff from coming back to be agreed the LEA upon written notification to in advance, in writing by the LEACompany. 3.3 The Company seeks to will provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, in classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for Staff to a fee equal to the Company’s actual costLEA. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the The Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate replacement if timely notice of the request is not provided. 3.5 In the event of a complaint concerning Staff, XXX shall provide Company with a written incident report. Company and XXX agree to cooperate, exchange information, and reasonably permit each other’s involvement in any investigatory activities or proceedings concerning Staff to the extent allowable by law. 3.6 The Company will provide administrative and technical support to assist the LEA in the management and operation of the Staff provided to the LEA primarily in the planning, organizing and coordination of Staff assigned to the LEA. The Company, while not responsible for the LEA's budget, shall provide reasonable monthly management reports and routine communication and meetings with XXX administration to assist the LEA in managing its costs and quality of the Staff performance. 3.7 The Company supplied Staff shall provide supplementary support to a student or students with disabilities in a classroom on LEA premises when the LEA has determined that the student requires assistance in areas including prompting, cueing and redirecting student participation, reinforcing of personal, social behavioral and academic learning goals, organizing and managing materials and activities and implementation of teacher designed follow-up practice activities. 3.8 The Company provided services shall be provided within the hours of the regular school day, in the classroom on LEA premises and will not be provided on days in which LEA schools are not in session, with exception of in-service days sponsored by the LEA. 3.9 The LEA retains all statutory and regulatory obligations imposed for the provision of Staff to each student. The LEA further acknowledges that the Company is not responsible for the educational of needs of the student outside of the terms of this Agreement. The LEA further acknowledges that the Company is not guaranteeing a level of progress or results for or to any particular student. 3.10 In the course of performing services, Company agents, contractors, employees, and Substitute Staff shall be required to comply with any and all applicable LEA District Policies. In the event an Company agent, contractor, employee, or Substitute Staff witness or have reliable information that a student has been subject to, harassment, intimidation or bullying during the event, he/she shall report the incident to the appropriate school official designated by the LEA district's policy, or to any school administrator or safe schools resource officer, who shall immediately initiate the school district's procedures concerning school bullying. 3.11 The Company shall ensure services provided shall comply with the applicable provisions of New Jersey Statutes, specifically, Title 18A and the New Jersey Administrative Code, specifically Title 6A. 3.12 The Company, its agents, employees and Substitute staff shall keep all student information strictly confidential in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, and its implementing regulations at 34 C.F.R. 99.1 et seq. and N.J.A.C. 6A:32-7.1 et seq. Company, its agents, employees and Substitute staff shall also comply with all federal and state laws and regulations, and all rules, regulations, and policies of the LEA, regarding the confidentiality of student information, to include, without limitation, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH").

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees fees, to be agreed to in advance, in writing by the LEA. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided. 3.5 Company shall provide an on-site management team to include two (2) full time account managers and one (1) part time application specialist.

The Company’s Obligations. 3.1 The Company will act in good faith to provide Substitute Staff who, if needed or applicable, (a) hold a current license and certification for the positions requested by the LEA, (b) have had a completed criminal history and child abuse background check as required by law and/or the applicable Department of Education, (c) have appropriate health screenings, inoculations and tuberculosis testing as required by the state and (d) who shall render services in accordance with applicable laws and procedures of the state and this Agreement. 3.2 In selecting Substitute Staff, the Company shall apply such screening and evaluation criteria as it may determine in its sole discretion and as may be required by the applicable law of the jurisdiction in which the services of Substitute Staff will be performed. The Company will conduct any additional screening that may be mutually agreed by the Company and the LEA, with an appropriate increase in the Company’s fees to be agreed to in advance, in writing by the LEAfees. 3.3 The Company seeks to provide Substitute Staff that are trained for the requested positions. The Company will provide Substitute Staff training as required by the State, including as applicable, classroom management, general rules and procedures applicable to the position, and other pertinent matters prior to any assignment of said Substitute Staff. For existing LEA staff, the Company shall provide training as requested by the LEA for a fee equal to the Company’s actual cost. 3.4 The Company expects that the Substitute Staff assigned to the LEA will perform their services satisfactorily. If the LEA notifies the Company via the company electronic portal that a Substitute Staff has not performed satisfactorily within the reasonable discretion of the LEA, along with the clear reasons therefor, the Company will honor the LEA’s request not to assign specific Substitute Staff. This section will in no way affect the right of Company, in its sole discretion as employer, to hire, assign, reassign, discipline and/or terminate its own employees. The LEA understands that declining the services of a specific Substitute Staff may result in the Company’s inability to secure an acceptable alternate if timely notice of the request is not provided.