Educational Service Provider Requirements Clause Samples

Educational Service Provider Requirements. ‌ The Commission has an obligation to ensure that the School's Governing Board retains its statutory responsibilities and that the School-service provider relationship will not inhibit the Commission from fulfilling its oversight responsibilities. The following requirements ensure that both the School's Governing Board and the Commission retain authority to fulfill their legal rights and responsibilities under this Charter Contract and applicable law: (a) The ESP agreement shall be subject to, and shall incorporate by reference, the terms and conditions of this Charter Contract. (b) The term of the ESP agreement shall not exceed the term of this Charter Contract.

Educational Service Provider Requirements. The Commission has an obligation to ensure that the School's governing board retains its statutory responsibilities and that the School-service provider relationship will not inhibit the Commission from fulfilling its oversight responsibilities. The following requirements ensure that both the School's governing board and the Commission retain authority to fulfill their legal rights and responsibilities under the Charter Contract and applicable law. 1. The Educational Service Provider, (the “ESP”), agreement shall be subject to, and shall incorporate by reference, the terms and conditions of the Charter Contract. 2. The term of the ESP agreement shall not exceed the term of the Charter Contract. 3. No provision of the ESP agreement shall interfere with the duty of the governing board to exercise its statutory, contractual, and fiduciary responsibilities governing the operation of the School. No provision of the ESP agreement shall prohibit the School's governing board from acting as an independent, self- governing public body, or allow decisions to be made other than in compliance with Chapter 302D, HRS. 4. The ESP agreement shall require the ESP to defend, indemnify, and hold harmless the State of Hawaiʻi, the Commission and the School, and their officers, employees and agents from and against all liability, loss, damage, cost and expense, including all attorneys' fees, and all claims, suits and demands therefore, arising out of or resulting from the acts or omissions of the ESP or the ESP's employees, officers, agents, or subcontractors under the ESP agreement. The ESP agreement shall not require the School to defend, indemnify or hold harmless the ESP. The ESP agreement shall contain insurance and indemnification provisions outlining the coverage the ESP will obtain. 5. The ESP agreement shall describe the specific services for which the ESP is responsible and shall clearly delineate the respective roles and responsibilities of the ESP and the School in the management and operation of the School, including development, approval, and oversight of the School's budget; development, approval, and oversight of the School's curriculum; and oversight of the ESP's services. 6. The ESP agreement shall expressly provide that the School retains, at all times, ultimate responsibility for the School's budget and curriculum. 7. The ESP agreement shall include procedures by which the ESP will be accountable to the School including expressly addressing how the School wi...