Data Portability Operator shall, at the request of the LEA, make Data available including Pupil Generated Content in a readily accessible format.
UTILIZATION OF SMALL BUSINESS CONCERNS Seller agrees to actively seek out and provide the maximum practicable opportunities for small businesses, small disadvantaged businesses, women-owned small businesses, minority business enterprises, historically black colleges and universities and minority institutions, Historically Underutilized Business Zone small business concerns and US Veteran and Service-Disabled Veteran Owned small business concerns to participate in the subcontracts Seller awards to the fullest extent consistent with the efficient performance of this Contract.
Governance and Anticorruption The Borrower, the Project Executing Agency, and the implementing agencies shall (a) comply with ADB’s Anticorruption Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt, fraudulent, collusive or coercive practice relating to the Project; and
ERISA Information and Compliance The Obligors will promptly furnish and will cause the Subsidiaries and any ERISA Affiliate to promptly furnish to the Administrative Agent with sufficient copies to the Lenders (i) promptly after the filing thereof with the United States Secretary of Labor, the Internal Revenue Service or the PBGC, copies of each annual and other report with respect to each Plan or any trust created thereunder, (ii) immediately upon becoming aware of the occurrence of any ERISA Event or of any “prohibited transaction,” as described in section 406 of ERISA or in section 4975 of the Code, in connection with any Plan or any trust created thereunder, a written notice signed by a Responsible Officer specifying the nature thereof, what action the Obligors, the Subsidiary or the ERISA Affiliate is taking or proposes to take with respect thereto, and, when known, any action taken or proposed by the Internal Revenue Service, the Department of Labor or the PBGC with respect thereto, and (iii) immediately upon receipt thereof, copies of any notice of the PBGCs intention to terminate or to have a trustee appointed to administer any Plan. With respect to each Plan (other than a Multiemployer Plan), the Obligors will, and will cause each Subsidiary and ERISA Affiliate to, (i) satisfy in full and in a timely manner, without incurring any late payment or underpayment charge or penalty and without giving rise to any lien, all of the contribution and funding requirements of section 412 of the Code (determined without regard to subsections (d), (e), (f) and (k) thereof) and of section 302 of ERISA (determined without regard to sections 303, 304 and 306 of ERISA), and (ii) pay, or cause to be paid, to the PBGC in a timely manner, without incurring any late payment or underpayment charge or penalty, all premiums required pursuant to sections 4006 and 4007 of ERISA.
Human and Financial Resources to Implement Safeguards Requirements The Borrower shall make available necessary budgetary and human resources to fully implement the EMP and the RP.
Freedom of Information and Transparency 20.1 The Recipient acknowledges that the Commissioner is subject to the provisions of the FOIA and agrees to assist and co-operate with the Commissioner (at the Recipient’s expense) where necessary to enable the Commissioner to comply with any requests received under the FOIA relating to this Agreement. This includes, but is not limited to, transferring to the Commissioner any request received by the Recipient under the FOIA relating to this Agreement as soon as practicable following receipt and in any event within three working days of receipt.
20.2 In no event shall the Recipient respond to a request under the FOIA relating to this Agreement without obtaining the prior written consent of the Commissioner.
20.3 The Recipient acknowledges that the Commissioner may be obliged to disclose information under the FOIA:
20.3.1 Without consulting the Recipient; or
20.3.2 Following consultation with the Recipient and having taken into account its views. Provided that where clause 20.3.1 applies the Commissioner shall, in accordance with the recommendations of the Secretary of State for Constitutional Affairs’ Code of Practice on the discharge of a public authorities’ functions under Part 1 of FOIA, take reasonable steps, to give the Recipient advanced notice or to draw the disclosure to the Recipient’s attention after any such disclosure.
20.4 The Recipient shall ensure it retains for disclosure all information (as defined in the FOIA) produced in the course of this Agreement or relating to this Agreement and shall allow the Commissioner to inspect such records from time to time upon request.
20.5 The Recipient acknowledges that the Commissioner is subject to certain transparency and disclosure obligations set out in the Elected Local Policing Bodies Specified Information Order 2011 (as amended) (“Transparency Obligations”)
20.6 The Recipient consents to the Commissioner publishing the contents of this Agreement and information regarding any tender process related to the Purpose of the Agreement to enable the Commissioner to comply with their Transparency Obligations.
20.7 The Recipient acknowledges that:
20.7.1 The Commissioner shall be responsible for determining, at their absolute discretion, whether any information is exempt from disclosure or should be disclosed pursuant to the FOIA and/or the Transparency Obligations and to what extent any information disclosed shall be redacted; and
20.7.2 Any lists or schedules provided by the Recipient outlining confidential information are of an indicative value only and that the Commissioner may be obliged to disclose confidential information in accordance with Clause 20.3 and/or Clause 20.5.
TEACHER EVALUATION A. The administration will be evaluating the teacher’s performance within the time of formal responsibility. The evaluation process and form will be shared with the Association Building Representatives at the beginning of each school year.
(a) Probationary teachers shall be evaluated at least two (2) times a year. The first evaluation will be completed prior to December 1st and the second prior to April 15th. Each evaluation will be based upon announced, unannounced, informal observations, on the performance of other duties and responsibilities and the goals developed in the Individualized Development Plan (IDP). The announced and unannounced observations should be a minimum of thirty (30) minutes in length. The observations may occur at anytime prior to the development of the written evaluation, but at least one of them must be planned in consultation with the probationary teacher. The results of formal observations will be discussed with the teacher in a timely manner. The information gathered during the observations will be used to write the evaluations.
(b) Tenured teachers will be evaluated on a rotating schedule, but no less than once every three- (3) years. The administration reserves the right to evaluate a tenured teacher more often. The evaluation will be based upon announced, unannounced, informal observations and on the performance of other duties and responsibilities. The announced and unannounced observations should be a minimum of thirty (30) minutes in length. The observations may occur at any time prior to the development of the written evaluation, but at least one of them must be planned in consultation with the tenured teacher. The results of formal observations will be discussed with the teacher in a timely manner. The information gathered during the observations will be used to write the evaluations.
2. The administrator shall prepare and submit a written evaluation and recommendations to the teacher prior to May 30th of the year they are evaluated. The administrator shall hold a conference with the teacher to discuss the written evaluation and recommendations.
3. Upon receipt of the evaluation the teacher will sign the form indicating his/her receipt of the report. The signature on the form does not constitute his/her approval unless specifically noted.
4. Teachers involved with the instruction of Advanced Placement courses will be evaluated. This evaluation in the first year will be made part of the formal evaluation only at the request of the teacher.
B. A teacher who disagrees with the content or procedure of evaluation may submit a written answer which shall be attached to the file copy of the evaluation in question and/or submit any complaints through Level 4 of the grievance procedure.
C. If an administrator believes a teacher is doing unacceptable work, the reasons shall be set forth in specific terms. Included will be examples of specific ways in which the teacher is to improve and assistance may be given by the administrator and other staff members. In subsequent conferences it shall be the responsibility of the individual teacher to inquire whether adequate improvement has taken place.
D. Monitoring and observation of the work performance of the teacher shall be conducted openly. The public address or audio system or similar types of communications will not be used for the purpose of evaluation.
E. The Board and the Association recognize that the ability of pupils to progress and mature academically is a combined result of the school, home, economic and social environment and that teachers alone cannot be held accountable for all aspects of the academic achievement of the pupil in the classroom. Test results of academic progress of students shall not be used as the sole determinant or in isolated instances to evaluate the quality of a teacher's service or fitness for retention.
F. All communications, including evaluations by Milan Administrators, commendations, and documented complaints directed toward the teacher which are to be included in the personnel file shall be made available for review of the teacher prior to placement in the file; a copy of any such communication will be provided to the teacher at this time. Pre-placement information such as confidential credentials, letters of reference from universities, individuals, or previous employers are exempt from such review. A written statement for inclusion in the personnel file may then be made by the teacher in regard to materials that were not signed by the teacher. A representative of the Association may accompany the teacher.
G. Ordinarily, observations of teachers shall not be for less than a full class period or for the duration of a particular teaching lesson.
Consideration of Criminal History in Hiring and Employment Decisions 10.14.1 Contractor agrees to comply fully with and be bound by all of the provisions of Chapter 12T, “City Contractor/Subcontractor Consideration of Criminal History in Hiring and Employment Decisions,” of the San Francisco Administrative Code (“Chapter 12T”), including the remedies provided, and implementing regulations, as may be amended from time to time. The provisions of Chapter 12T are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the Chapter 12T is available on the web at xxxx://xxxxx.xxx/olse/fco. Contractor is required to comply with all of the applicable provisions of 12T, irrespective of the listing of obligations in this Section. Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12T.
10.14.2 The requirements of Chapter 12T shall only apply to a Contractor’s or Subcontractor’s operations to the extent those operations are in furtherance of the performance of this Agreement, shall apply only to applicants and employees who would be or are performing work in furtherance of this Agreement, and shall apply when the physical location of the employment or prospective employment of an individual is wholly or substantially within the City of San Francisco. Chapter 12T shall not apply when the application in a particular context would conflict with federal or state law or with a requirement of a government agency implementing federal or state law.
Program Monitoring and Evaluation The Recipient shall prepare, or cause to be prepared, and furnish to the Association not later than six months after the Closing Date, a report of such scope and in such detail as the Association shall reasonably request, on the execution of the Program, the performance by the Recipient and the Association of their respective obligations under the Legal Agreements and the accomplishment of the purposes of the Financing.”
