HomeMy WebLinkAboutIndependence O&M FY 21ii.
'Idaho Falls
School District 91
A World Class Education
690 fohn Adams Parkway ldaho Falls, Idaho 83401
Phone: (208) 525-7500 FAX: (208) 525-7596
Web Address: www.d91 .k12.id.us
II)AHO FALLS SCHOOL I)ISTRICT 91
Systcm of Carc Protocol for Independcnt Contractors
THIS AGREEMENT entered into on June 1, 2020 between ldaho Falls School District 91, hereby known as
the District, having a principal place of business at 690 John Adams Pkwy, ldaho Falls, ldaho, and
lndependence O &M Services, LLC, hereby known as the Contractor, is for the school year 2020-21.
The following service(s) requested: Orientation and Mobility
Dates of service: beginning July 1, 2020 through Jun e 30,2O2L
Hours of service: $45 per hour/student session
Travel: .56 cents per mile
Contractor requirements attached hereto are made a part ofthis contract.
The parties agree that the Contractor is solely responsible for all costs and expenses incurred in
connection with the performance of those services described in this agreement unless noted above.
1. The Contractor agrees to provide related services in accordance with the rules and regulations
established by the ldaho State Board of Education as provided in Section 33-3003, ldaho Code,
as amended for exceptional students livening in this district.
2. The Contractor agrees to provide education and/or related services for identified student(s)
includ ing:
a. The appropriate staff and oversight to implement lEPs for each student as determined
by the school IEP team;
b. Services to the students according to the school district's 2OZ0-21 school calendar
(attached), excluding emergency school closures or when student is absent.
3. The Contractor further agrees to provide the District the following:
a. Services as authorlzed in the student's IEP/504;
b. Other services such as consultations and meetings;
c. Assurance that all work will be performed in accordance with the highest professional
sta nda rds;
d. A copy of the service provider's Staff Qualifications showing professional credentials for
the district's files;
e. Verification all employees who come into contact with the student have been subject to
a criminal background check as required by ldaho Code 33-130 and have been
determined to not have a criminal history inconsistent with working with children.
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f. Daily completion of the District's report as a means of written documentation for
service days, times and results of services provided for each student, as per the lEP.
g, submission of billing to Special Services for services provide provided within 30 days
of the date of the service provided. Additional hours will be compensated at the same
rate, provided that the additional hours, over and above those stated, have received
prior written approval ofthe Director of Special Services. All invoices should be
numbered and dated showing the dates and hours of service provided for each
student.
h. Certificate of Liability lnsurance.
i. Proof of Worker's Compensation coverage.
4. lf the student is no longer receiving services from the Contractor for any reason, the Contractor
shall inform the District, and the obligation of the District to pay for services will cease as of the
last day of service provided.
5. The Contractor and the District agree to comply with all pertinent statues of the State of ldaho
and such rules and regulations as the state Board of Education may legally prescribe, which are
by reference incorporated in and made a part of this Contract as though set forth herein.
6. The District assures that health-related services or program placement will begin after having
conducted an IEP team meeting to develop an lEP. The Contractor, at the District's discretion,
may request or attend subsequent IEP team meetings to revise the student's lDP, but a District
representative must participate in all such meetings.
7. The District will pay the Contractor based on submission of an invoice with documentation as
described in 3.g.
8. The District will provide documentation necessary for the Contractor to carry out the portion of
the IEP that falls under Contractor responsibility.
9. The District may terminate this Agreement immediately if the Dlstrict determines that
Contractor has willfully violated any statutory requirement or government regulation or the
services related to this Agreement are modified or terminated for a student. Either party may
terminate this Agreement without cause upon providing 30 days written notice to the other
party.
10. Contractor shall be solely liable for any losses or damages resulting from performance of any of
the services covered by this Agreement. Contractor shall indemnify and hold harmless the
District from any liability, includinS, but not limited to, cost, expenses, and attorney fees,
resulting from Contractor's performance of the services provided under this Agreement. Proof
of liability insurance with ldaho Falls School District 91 listed as an "additional insured" shall be
submitted to the District within ten (10) days of the date of this Agreement.
The contractor agrees that as an independent contractor it is not eligible for district benefits of any kind
The contractor also agrees to maintain liability insurance in the minimum amount of 51,000,000.00 and
worker's compensation coverage for its employees.
ldaho Falls School District 9l
INI)EPENI)ENT ('oNTIIACTOR CONTRACTA I,,.\(;I{EI]M ENT:
()ricntation and Mobilitl Scn icer
This Contractual Agreement is entered into bctween Idaho Falls School District 9l (hereinafter referred to as
"District' ) and Independence O&M Services, LLC (hereinafter referred to as "Contractor").
Whereas, the District provides special educational and related services to assist students attending school in
the District in thcir educational development, as identified on the students' individualized education program
(lEP) plan; and
Whereas, the Contractor is duly Iicensed or qualified and able to providc related seryices to the District's
students;
It is hereby agreed by both parties that
DURATION OF AGREEMENT:
The period ofthis Contractual Agreement will commence on the August 26, 2020 and remain in effect until the
last day ofschool, June 3, 2021. This Contractual Agreement is contingent upon the availability offunds ofthe
District. This Contractual Agr€ement shall not exceed twelve (12) calcndar molrths. At the discretion ofthe
District, the Contractual Agreement may be renewed annually.
RELATIONSHIP OF PARTIES:
In perfomting services under this Contractual Agreement, Contractor is ancl shall at all times be an independent
contractor ofthe District. Nothing herein is to be construed as establishing an crnployer-employee relationship.
SERVICES TO BE REIT{DERED:
Provider shall render the professional services enumemted on Summary of Scrvices, attached hereto and made a
part ofthis Contractual Agreement as set forth fully herein.
RECORD KEEPING:
Contractor shall be responsible for maintaining complete and accurate records documenting the professional
services provided pursuant to this Contractual Agreement and shall providc copies ofthe records to the District
within five (5) working days ofthe date requested. Additionally, upon reasonable notice, the District shall have
the right to review such records at any tirne during business hours. Appropriatc Medicaid billing sheets will bc
completed each month for the student(s) servcd.
CONFIDENTIALITY:
Provider agrees that all information regarding services provided pursuant to this Contractual Agreement,
including, but not limited to, the students' identity and the nature ofservices rendered, shall be confidential
pursuant to the Family Educational Records and Privacy Act (FERPA). Contracror is prohibited from
disclosing any information obtained as a result ofrendering services pursuant to this Contractual Agreement to
any individual not authorized and directed by the District, without parent/guardian consent or consent ofthe
student if l8 vears ofage or older.
REPORTING OF ABUSE, ABANDONMENT, OR NEGLECT:
Contractor acknowledges its obligation to comply with Idaho Code Scction l6-1601, et seq. and report, within
24 hours, any suspected abuse, abandonment, or neglect ofa child to the law cnlbrcement agency or Idaho
Department of Health and Welfare. Contractor also agrees to infonr the District, within 24 hours, ofsuch
suspicion.
SERVICE DELIVERY: TIME AND PLACE:
Contractor shall perform services set forth in Summary of Serviccs. unless thc parties mutually agree to a
modification ofthe time and place ofservice delivery.
COORDINATION OF SERVICES:
To facilitate delivery ofservices. the District will provide: 1) reasonable and prompt notification ofmeetings
and other appointments in which the Contractor is expected to participate: 2) signed parental consent fonns. as
necessary;3) identifying information regarding the client and the parent/guardian; and,4) reasonable assistance
in facilitating communication between tlre Contractor and clients, parents/guardian. and other providers and
agencies.
PRIOR APPROVAL OF SERVICES:
All services rendered by Contractor under the terms ofthis Confactual Agreemcnt shall require prior approval
by the District in accordance with tidcral and state laws and regulations, local policies and procedures, and
professional codes of conduct.
CONSENT/AUTHORIZATION TO ACCESS EDUCATIONAL RECORD INFORMATION OR
PROTECTED HEALTH INFORMATION:
District and Contractor shall at all tinres require the written consent or autlrorization ofthe parent/guardian/or
adult student, ifage of l8 years ofagc or older. lbr thc disclosure ofacccss 1{) cducational information pursuant
to fERPA or protected health inlbrnration pursuant to the Health Inlbrmation Portability and Accountabilit-v
Act (HIPAA) regarding rhe student. and shall maintain the confidentialitl,ofthat inlbnnation consistent with
thc slale and lederal law and regulatirrtts.
PROFESSIONAL SERVICES:
The services rendered pursuant to this Contractual A$eement will be provided by individuals who are duly
licensed to perform the services or supervised by a licensed/certified provider in accordance with applicable
professional standards. Contractor agrecs that all work pursuant to this Contractual Agreernent will be
performed in accordance with the highest prof'essional standards. Written assurances will be provided to the
District attesting that all employccs who comc into contact with sludents shall have been subject to a criminal
background check at least as st ingent as that required by ldaho Code 33 130 and policies ofthe District, and
have been determined to not have a crirninal background inconsistent with wolking with children. The District
shall have the right to observe serviccs bcing provided to the clients.
INSURANCE AND LIABILITY:
Contractor shall be solely Iiable for anl losses or darnages resulting liom Contractor's performance ofany of
the services covered by this Contractual Agreement. Contractor shall indemnify and hold harmless the District
from any liability, including. but not limited to. cost. expenses, and attorney fbes, resulting liom Contractor's
performance ofthe services provided under this Contractual Agreement. Proof of insurance shall be submitted
to the District within ten ( l0) days of thc date of this Contractual Agreement.
ASSIGNM ENT:
This Contractual Agreement shall not be subject to assignment, in whole or in palt, by Contractor or by
operation of law, so as to authorize any pcrson olher than Contractol', or Contractor's cmployees, to assume the
duties subject to this Contractual Agreement without the District's prior writtcrl consent.
AM ENDM ENT:
This Contractual Agreernent rnal be amended at any time with the prior written consent ofboth parties. Any
and all amendments to this Contractual A-s,reement shall be in writing.
TERM INATION:
This Contractual Agreement may be terminated without cause by either pany within thirty (30) days after
providing written notice ofthe intent to terminate to the other party.
Additionally, the District may imnrecliatcly terminate this Contractual Agreement, upon written notice, in the
event f'unding for the District's progranr is no longer available or the specific services to this Contractual
Agreenrent are modified or tenninatcd ti)r a student.
DEFAULT:
Upon default by either parly, rhe rron-dctaulting party may cancel this Contractual Agrccment imnlediately,
upon notice and may pursue an;- ancl all available legal, equitable, andother rentedies. The defaulting pany
shall be liable for any and all expcnses that are incurred by the non-defaulting pany as a result thereof.
including, but not limited to, procuring substitute performance, legal fees, and other losses incurred due to the
default.
TIME OF PERFORMANCE:
Time is ofthe essence in this Contractual Agreement; therefore, all times for performance ofthe obligations, as
stated herein, shall be st ictly complied with by the parties.
NON.WAVIER BREACH:
Thc failure ofContractor or the District to insist upon strict perfonnance ofany ofthe terms ofthis Contractual
Agrecment. or to exercise any option herein conf'erred in any or all instances. shall not constitute a waiver or
relinquishment ofany such term, but the same shall be and remain in full force and effect. unless such r,laiver is
evidence by the prior written consent ofContractor or the District.
NON-DISCRIM INATION:
The parties hereby agree that no person shall, on the grounds ofrace, color. creed, national origin, sex, age, or
disability. be excluded liom or denied participation in, or otherwise subjected to, discrimination under any
activity perforrned pursuant to this Contactual Agreement.
COVERNANC E:
This Contractual Agreement shall be governed by the laws ofthe State of ldaho. Contractor shall, at all times,
comply with and otrserve all federal, state, and local laws, regulations. and ordinances which are in effect and
applicable during the period ofthis Contractual Agreement.
ATTORNOY FEES:
Iieither pany def'aults in any manner or fails to fulfill any and/or all provisions ofthis Contractual Agrcement,
and ifthe non-defaulting party hires an attorney to exercise its rights upon such default or failLrre, or ifthe
parties are involved in any litigation (including any proceedings in bankruptcy), the prevailing party shall be
entitled to recover reasonable attomey fees and costs lrom the other pady. This paragraph shall be enforceable
by the pallies notwithstanding'any rescission, lbrfeiture, or other telmination of this Contractual Agreement.
DISPUTE RESOLUTION:
All participating agencies agree to resolve systemic disputes that arise in the provision ofspecial education and
independent contractor services in a non-adversarial manner and to ensure that using the following process to
resolve interagency disputes does not disrupt services to studenls and families:
l. An individual or agency with a concem will first use the agency's internal procedures to address the
concem.
2. Ifresolution is not achieyed at the previous level, the issue and all relevant information will now be
forwarded to the Director ofStudent Services ofthe ldaho Falls School District 91 and contractor's
administrator,
3. Ifconsensus is not reached at the previous level, the Director ofStudent Services will forward the issue and
all relevant information to the superintendent of Idaho Falls School District 9l .
4. lfa concern is identified that is related to the quality ofservice or health and safety issues, schools should
refer concems about a contractor, their services, or quality of services to the Director of Student Services
and contractor's administrator to address these concerns.
5. [f these concems are not resolved in the dialogue with school administrator (Director of Student Services
and/or superintendent) and the contractor's administrator. the DHW regional licensing entity may be
contacted to investigate the situation.
COMPENSATION/BILLING:
The District shall compensate Contractor for the direct serviccs identified below. Additional hours will be
compensated at the same rate, provided that the additional hours have been pre-approved, in writing, by the
District's designee.
Contractor will submit to the Dircctor ofStudenl Services. by thc cnd ofeach rronth, an Invoice (statemcnt oi
scrvices rendcrcd) for that month ard the conrplcted district's Mcdicaid reporting forms lor each student scrvcd
rvhether Medicaid eligible or not. These cornplcted forms nrust bc acculatc and ready to submit to the district's
billing service. (icnerally. the district will issue checks biu,cckl1,. alter Board approval ifstatement and
papcrrvork is conrpleted and in the District OUlce b1,the end ot cach monrh. All forms must be completed fully,
signed and be the original. Each monthly statement must include the fbllowing information for each student
receiving servic.es: a) student's name; b) description or services provided, c) total nutnber ofhours spent in
providing professional servicesi andd) cost ofservices provided. Additional documentation may be required by
the District and must be provided within five (5) working days ol-the date the written request for the
documentation is made.
The district agrees to pa) thc Contractor at a rate of !!!QQ per hou r for Q1ig4.!g[9434!-[q[i]!Q
Services for the duration of the contract. This contract is not to c\ceed S10,000 based on the number of
days worked (approximatoly l5-20 hours a month)
COMPLETE STATEMENT OF TERMS:
This Contractual Agreernenl constitutes the entire agreenrent between the parties hereto, and shall supersede all
previous oral or written proposals, negotiations, commitments. and all other communications between the
parties. This Contractual Agreement may not be released. discharged. or modified except by an instrument in
writing signed by the duly authorized representatiyes 01'the parties.
lN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names by
their proper officials pursuant to approval of their respective boards
onthis /S+ dayof Jilil ,2o2o.
per nt/Designee Signature
0 ol/z ozo
Name of District
goard of Trustees
Name of District
U9 UL
Co gnat Agency Name
dress
NW