Participating Organization Agreement
Terms: This is an agreement by and between CharterSource, hereinafter referred to as “CS” and the organization which has been granted an annual participating agreement, hereinafter referred to as “participant”.
Duration: Upon receipt of participant's completed Participation Organization Agreement and payment in full, access to annual participant services will become available. This agreement may be terminated by either party prior to the end of its term, upon thirty (30) days of written notice. In face of cancellation, the member shall be liable for any costs incurred prior to the cancellation.
Benefits Received: The parties mutually agree that CS will provide the following services to assist participant with the oversight of their organization(s):
- 10 hours of board governance phone and email support annually. Included is a specified amount of "Technical Assistance" hours to provide responses by telephone or email to specific questions relating to governance and oversight.These hours may not be used for detailed document reviews, appearance as an expert witness or providing of deposition or declarations for legal issues. Any unused "Technical Assistance" hours will expire at the end of the participant term. For all services in excess of the complimentary "Technical Assistance" hours granted, a fee of $100 per hour shall be charged.
- 800# BoardEffect technical support for available 24/7
- Resource Library Access – Board templates such as site leader and board evaluation processes, board recruitment templates and surveys are available.
- Board Chat Discussion Room Access
- Free Board Development webinars with system to track participation & reporting to authorizer. Some of the training sessions available:
• New Board Member Basics
• Practices of High Performing Boards (Part 1 and 2)
• Top 10 Misconception of Minnesota Open Meeting Law
- Discounted Governance Assessment and Implementation Plan
- Access to Vendor Marketplace
- Discounted session fees for training and Peer Learning Communities
- Limited to 20 users. Inquire about fee structure for additional users.
Independent Contractor Relationship: Both parties agree that CS, while performing the duties under this contract, is an independent contractor. This agreement is not intended to, and shall not be construed to, create the relationship of agent, employee, partnership, joint venture, or any other relationship other than independent contractor. CS shall be free to provide similar services to other participants and/or non-participants.
Limited Nonexclusive License: CS grants to participant a limited, non-exclusive license to utilize documents, templates and samples created by CS and provided to member for the development, and oversight of participant's organization. Participant agrees not to copy or otherwise distribute, in any form, these forms to other schools, consultants, school development groups or other entities or individuals without express written permission by CS.
Limited Nonexclusive License: This agreement is the full and complete between the parties. Nothing other than items agreed to in this document have been agreed upon by the parties. No verbal modifications, additions to, or deletions from this agreement shall be permitted.
CS-BoardEffect Participation Agreement
By and Between CS and Each Participating CS Participant
And Recitals and Definitions
- “Participating Organization” means a school or organization that has elected to participate in the CharterSource/BoardEffect program.
- “Program as used herein means an arrangement by which CS has provided for the institutional use of the BoardEffect multi-board platform or (“Application”) for three (3) or more participating organizations. Through this Program, participating organizations will be able to pool their resources to cost-effectively acquire this application for use with their respective boards and committees.
- “BoardEffect Contract” as used herein refers to the attached contract entitled BoardEffect Application License and hosting agreement” dated with terms and conditions accessible here http://boardeffect.com/master-terms (and attached) by and between BoardEffect LLC(Licensor) and CS(Licensee). The BoardEffect Contract sets (1) the terms and conditions under which Licensor licenses to and Licensee subscribes to use the Application and (2) the services to be provided to Licensee in connection with the License pursuant to the BoardEffect Contract.
- Each Participating Organization agrees to abide by the terms of the BoardEffect Contract in as much as their use of the Application will be controlled by staff of the Participating Organization. The Participating Organization will enjoy use of this Application and provide assistance as needed to assure CS that it will be able to observe its obligations under the BoardEffect Contract.
- For purposes of clarity, all Participating Organizations and persons associated with the Participating Organizations shall be deemed “end users” as referred to Section 2.1 of the BoardEffect Contract.
- Again for purpose of clarity, all content produced by a Participating Organization and residing on the BoardEffect Application is and will always be property of the Participating Organization; and not that of CS.
- Each Participating Organization will assign at least two staff persons (“School Admins”) from that Participating Organization to assume day-to-day responsibility for the administration of the Participating Organization’s content within the BoardEffect Application. CS and its staff will work with the Organization Admins to develop a secure procedure for supporting the addition/deletion of end-users and/or changing statuses of end-users within the platform. School Admins will control all user access and content through a permission-based system inside the BoardEffect Application.
- Under the BoardEffect Contract, CS and BoardEffect will conduct training sessions for the School Admins and shall provide such additional training for Participating Organization board members, committee members and other users as described in a program overview as attached to this Agreement.
- This Agreement will be executed in multiple parts for the convenience of each Participating Organization. Each Participating Organization will sign the same version of this Agreement. Taken as a whole, this represents all Participating Organizations under this Agreement.
- Each Participating Organization shall pay CS $3500 per annum on or before the effective date of the BoardEffect Contract. All payments to Board Effect shall be made by CS in accordance with the BoardEffect Contract.