HomeMy WebLinkAboutIndependence O&M Servicesii.'Idaho Falls
School District 91
A World Class Education
690 f ohn Adams Parla,vay ldaho Falls, Idaho 83401
Phone: (208) 525 -7 500 FAX: (208)525 -7 59 6
Web Address: www.d91.k12.id.us
IDAHO FALLS SCHOOL DISTRICT 9T
SystemofCare Protocolfor IndependentContractors
THIS AGREEMENTenteredinto on Autust 1,2022 between ldaho Falls SchoolDistrict9l, hereby known
asthe District, having a principal placeof business at 590 John Adams Pkwy,ldaho Falls,ldaho,and
lndependenceO&M Services, LLC, herebyknown as the Contractor, is for the school yea( 2022-23.
The following service(s) requested: Orientation and Mobility
Datesof service: beginning July 1,2022 through June30,2023
Hours of service: 547.25 perhour/studentsession
Travel: .60 cents permile
Contractor req uirements attached hereto are made a part of th is contract.
The parties agreethat the Contractor is solely responsible forallcosts andexpenses incurredin
connection withthe performance ofthose services described inthis agreementunless notedabove.
1. The Contractor agrees to provide related services in accorda nce with the rules and regulations
established by the ldaho State Board of Education as provided in Section 33-3003, tda ho Code,
as amended for exceptional students livening in this district.
2. The Contractor ag rees to provide education a nd/or related services for identified student(s)
including:
a. The appropriate staff and oversight to implement lEPs for each student as determined
by the school lEPteam;
b. Servicesto the students according to the school district's 2022-2023 school calendar
(attached), excluding emergencyschool closures or when student is absent.
3. The Contractor furt her agreesto provide the District the following:
a. S€rvices as authorized in the student's IEP/5O4;
b. Other services such as consultations and meetings;
c. Assurance that all work will be performed in accordance with the highest professional
standards;
d. A copy ofthe service provide/s Staff Qualifications showing professional credentialsfor
the district's files;
Contaactor: Reena Chrysler
Student: Assigned O&M Students
Date: August 1,2022
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.
f. Daily completion of the District'sreportasa meansof written documentation for
service days, times and results of services provided for each student, as per the lEP.
g. Submission of billing to SpecialServices for services provide provided within 30 days
ofthe date of the service provided. Additional hourswill be compensated at the same
rate, provided that the additional hours, ovef, and above those state4 have received
prior written approvalofthe Director of specialservices. All invokes should be
numbered and dated showingthe dates and hours ofservice provided fo, each
student.
h. Certificate of Liability lnsurance.
i. Proof ofWorker'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 Cont ractor a nd the District agree to comply with all pertinent statues of the State of lda ho
and such rules a nd regulations as the State Board of Education may legally prescrlbe, 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 Oistrictwill paythe Contractor based on submission of an invoice with documentation as
described in 3.g.
8. The Districtwill provide documentation necessary for the Contractorto carryout the portion of
the lEPthatfalls under Contractor responsibility.
9. The District may terminate this Agreement immediately if the District determines that
Contractor has willfully violated a ny 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 a nd hold harmless the
Districtfrom any liability, including, but not limited to, cost, expenset and attorneyfees,
resulting from Contractor's performance of the services provided under this Agreement. Proof
of lia bility insura nce with ldaho Falls Schoo I District 91 listed a s a n "additiona I insured" sha ll 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 ma intain lia bility insura nce in the minimum amount of 51,000,000.00 and
worker's compensation coverage for its employees.
contractor: Reena Chrysler
Student: Assigned O &M Students
oate: Aurgust 1,2022
Idaho Falls School District 9l
INDPE{DBIT CONTRACTOR CONTRACTAL AGREU TT
Orie ntation and Mobilitv Services
This C-ontractual Ag reernent is entercd into betweenldaho Falls SchoolDistrict 9l (hereinafterreferred to as
"District")and hdepndence O&M Serrices, LI,C (hereinafterreferred to as "Contractor').
Wh€reas, the District prcyid€s specialeducational and re lated s €rvices to as sist s tudents attending school in
the District in theireducational developnrcnt, as identified on the s tudenS' individualized education prcgram
(IEP) plan;and
Whereas, the Con traclor is duly licensod or qualified and able to p rovid e re lated s ervices to the District's
stud€nts;
DI]RAIION OF AGRE\4EjT:
The period ofthis Con tractual A greenEnt will corrrrrrnce on the August 23,2022 and renrain in effect until the
last day ofschool NIay 26,2023. This Coneactual Agreenrcnt is contingentupon the avaitability offunds of
the District. This ContractualAgrcsrrnt shall not exceed twelve (12) calendar nnnths. At thediscretion ofthe
Dis trict, the Contractual A greefiEnt rnay be ren ewed an nually .
RE-AIIONS HIP OF PARTIES:
ln performing s ewic€s under this Cont:acllal AgreerEnt, Co ntrac tor is andshall at all tinrs be an independent
contractorofthe Districl Nothing berein is to be construedas establishingan erployer+nployeerelationship.
SIRVICES TO BERE{DRD:
Provider shallrendertheprofessional services enuIIErated o n Surrrrnry ofServices, attached heretoandnnde a
part o fth is Contractu al A gre€rrEn t as s d forth fu lly herein .
RECORD K@ING:
Contractorshallbe responsible fornnintaining conplek and accurate records d ocurnent in g the pro fessional
s ew ic es provided pusuant to th is Co ntractual Ag reerEnt an d s h all pro v ide cop ies ofth€ reco rds to th e Dis tict
within five (5) working days ofthe daterequested. Additionally, upon reasonable notice, the District shallhave
therightto review s uch records at anytinEduring business hours. Appropriate Modicaid billing sheets will be
corpleted eachtrDnth forthe studen(s) s erved.
CONFIDE{TIALITY:
Provideragrees that all infonrntion regard ing serv ices provided pu$uant to this Confachral AgreerEnt,
including, but not limited to, the students' identity andthe nature ofservices rendered, shallbe confid€r ial
pulsuantto theFamily Educational Records andPrivacyAct (FERPA). Contractor is prohibited from
dis clos ing any in fo rntat ion obtained as a res ult ofrendering s ervices puruant tothis Contract ual A gree rE nt to
any individualnot au$orized and d irected by the Dis trict, without p aent/guard ian consent o r co nsen t o fth e
studortif l8 years ofage orolder.
RPORTING OF ABT'SE, ABANDONME{T, OR NEGLECT:
Contractoracknowledges its obligationto conply with Idaho Code Section 16-1601, etseq. and report. within
24 hours, any suspecled abuse, abandonrEnt. orneglect ofa child to the law enforcenrnt aganryorIdaho
DepatrrEnt ofHealth andWelfare. Crntactoralso agrees to informthe District, within 24hours,ofsuch
susplclon.
Contractor: Reena Chrysler
Student: AssiSned O&M students
Date: August 1,2022
It is hereby agreed bybotr parties that:
SIRVICE DU-N'IRY: TIME AflD PI-4,C8
Contractor shall perfomservices set forth in Sunrrnry ofServices, unless the parties nmtually agreeto a
nDdification ofthe tirre and place ofsewice delivery.
COOR.DINATION OF SRVICES :
To facilitate delivery ofservices, theDistrict will provide: I) reas onable and pronpt notification ofnEetings
and otherappointrrEns in which the Contractor is e)pectedto participae;2) signedparental consentfonrE, as
neces sa'y; 3) iden t ifying infornation regarding th e client and th e parcnr/guardian; an4 4) reas onable assis tance
in facilitating conrrunicationbetween the C, n trac tor and clients, par€nts/guadian, and olherproviders and
agencies.
PRIOR APPROVAL OF SIRVICES:
A ll s ervice s rendered by Contractor under th€ terrE ofth is Contractral AgresrEnt s hall require p rior approval
by the Dis trict in accordance with federal and sate laws and regu latiom, [ocalpolicies and procedures, and
profes sional codes of conduct.
CONSINT/AUTHORIZATION TO ACCESS U)IrcATONAL RECORD INTORMATION OR
PROTrcTD HEALTI{ INTORMATION:
Dis trict and Contraclor s hall at all tirrEs requLe the uritten consent or authorizat ion ofth e parent/guadiar/or
adult studen! ifage of l8 years ofage orolder, for the disclosure ofacc€ss to educatiooa.l infornntion pu rsrErt
to FERPA orprotectedhealth infornntion pusuart to th€ Health Inforrnation Portability and Aocotmtability
Act (t PA A ) regarding the s tudent, and s hall rEintain the con fid€ntiality o fth at infornntion co nsis tent wilh
the stateand federal lawand regulations.
PROFESSIONAL SBVICES:
The services rendercd pu$uant to this Conu-actual AgreenEnt will be provided by individuals who are duly
licensed to performthe services or supewised by a licensed/certified provider in accordancewith applicable
professional s tandards. Crn traclor agrees that all work pursuant to this ContractualAgreenrnt will be
perfornrd in accordancewith the highestprofessionalstandards. Written as surances will be providedto the
District attesting that all enployees who corE into contact with s tLrdents shall have been subjed to a criminal
background check at least as s ting€nt as that requircd by Idaho Code 33 - 130 and policies ofthe District, and
have beendetermined to not have a criminal b ac kground in co nsistent with wor*in g with children. The District
shallhave the right to ob serv e s ervices being provided to the cliens.
INSIIRANCE AND LIABIT.ITY:
Contractorshall be solely liable forany losses ordannges res ulting Aom Co n tractor's perfornunce ofanyof
the services coveredby this ContrrctualAgre€rrEnl Contraclor shall indermiry and hold harn ess the District
from any liability, including, butnotlimited to, cost, eryenses, and attomey fees, resultingfromContmctor's
perfonrnnce ofthe services p mvided unde th is Co nu:actual A greetrEnt. Proofofinsurance shall be submitted
to the District within ten ( l0) days ofthe dateofthis ConFactual AgreerEnt.
ASSIGNME{T:
This Contractual AgreerEn t s hall not be s ubject to assignrEnt, in whole orin part, by Contractororby
opemtionof law, so as to authorize any person other than Contractor, orC-ontraclu's erployees, to assullE the
duties subject tothis Contractual A gree[Ent without the Dis trict's prior wfitten consenL
AME{DME\IT:
This Contrac[ralAgreenEntrnay be arEnded at any tirE with the priorwritten cons€nt ofboh parties. Any
and all arrEndnEnts to this Confactual Agreanrnt shall be in writing.
TMMINATION:
This C-ontrachal AgrcerEnt IrBy be teminated without cause byeitherparty within thirty (30) days after
providing written notice ofthe intent to terminat€ tothe oth€t party.
Contractor Reena chrysler
Student: Assiened o &M students
Date: August 1, 2022
A dditionaly, the Dis trict rnay irrrrrrd iate ly terminate this Co ntractual Agreerrn! up on witten notice, in the
event fundingforthe Dis trict's programis no long€ravailable orthe sp€cific services to this Contactual
AgreerEnt are rmdified orterminated fora studeat.
DEAIJLT:
Upon default by eith er party, th e nondefaulting p afty nBy c an cel this Crntrdctual A greenrnt irrrrd iately,
upon notice and nny pursue any and all available legal, equ itable, and other rernedies. The defaulting party
shallbe liable forany and all epenses thatarc incurredby the nondefaultingpartyas a res ult thereof,
inctuding, but not limited to, procuring substitute perforrnance, legal fees, andother los ses incurred due to the
default.
TIME OF PMTORMANCE
Ttrc is ofthe es sence in this Contrrctu al AgreerrEnq th€f,efore, all tinrs for perfonnance ofthe obligatiors, as
statedherein, shall be s trictly corrylied with by theparties.
NON-WAVIM, BREACE
The failure ofContractororthe District to insist upon strict perfonmnce ofany ofthe tenns o fthis Contracural
AgreenEnt, orto e)€rcis e anyoption herein confened in any orall instances, shallnot constitute a waiver or
relinquishnrntofany such terr! but the sarrr shall be and rerrnin in full force and effect, unless s uch waiver is
evidence bythe priorwritten consent ofcontractororthe Dis trict.
NON-DISCRIMINANON:
The parties herebyagreethatno person shall, on the grotmds ofrace, color, c ree{ national origin, sex, age, or
d is ab ility, be e:c luded from or denied partic ipal ion in, or otherwise s ubjected to, d is crimin at ion u nder any
activity perforrrEd puxsuant to this ConFactual Agreement.
@\/IRNANCE
This C.ontractual Agreelrrntshallbe govaned bythe laws ofthe Staie ofldaho. Conracbr shall, at all tinres,
conply with and obs erve all federal, state, and local laws, regulations, and ordinances which are in effect and
applicable durhgthe p€riod ofthis Crntractual AgreerrnL
ATTOR]TIEy FTS:
If either party defaulb in any nanner or fails to fu lfill any and/or all p ro vis io ns o fth is Contractua.l A greerE nt,
and if the non-defaultingparty hires an attomeyto e)€rcis e its rights upon s uch default orfailure, orifthe
parties are involved in any litigation (including any proceedings in bankuptcy), the prevailing party shall be
entitled to recoverreasonable attomry fees and cosb fiomthe other party. This pamgraph shallbe enforceable
by the pafiies notwithstanding any res cis sion, forfe iture. or oth€r termin ation o fthis Contract lal A gremnt
DISPUIE RESOLUTION:
All participatingagencies agree to resolve syst€mic dbputes that arise in the provisionofspecial educationand
in dep end€nt co ntracto r s ervices in a no n-ad versarial nnnner and to ensure th al using the fo llo wing pro cess to
resolve interagency disput€s does not disrupt s ervices to sudene and families:
L An individual oragencywith a concern will first use the agency's internal procedures to address the
concem
2. Ifresolution is notachieved at theprevious level the issueand all relevant infonration willnow be
forwarded to the Directorofstudent Services ofthe Idaho Falls School District 9l and contractor's
admin is trator.
3 If cons ensus is not reached at the previous level, the Director ofstud€nt Services will forward the is s ue and
all relevant infomBtionto the superint€ndent ofldahoFalls School District 91.4. Ifa concem is identified thatis related to the quality ofservice orhealth and safetyissu€s, schools should
refer concems abouta contactor, thetservices, orquality ofs ervices tothe Directorofstudent Services
and contractor's ad min is tator to addrcss these concerm.5 Ifthese concems are notres olved in the dialogue with school adminis trator (Dircctor o fstudent Services
and/or superintendent) and the con[-actol's administrator, the DHW regional licensing entity nny be
contactedto investigat€ the situation.
Contractor: Reena Chrysler
Student: tusigned O &M Students
Date: August 1,2022
COMPE{S AIION/BILLING:
The District shallcorpensate C-ontractorforthe direct services identified below. Additionalhours will be
c o npen sated at th e s arre rate, prov ided that the add ition al h orus hav e been pre -approved, in witing, by th e
District's design€e.
Contractorwill submit to the Dtectorofstudant Services, bythe endofeach rmnlh, an Invoice(staterrrntof
s ervices rendered) for that mnth and the corpleted district's Medicaid reponing fornrs for each student served
whetherMedicaid eligible ornot. These conpleted forns rmrst be accurate and ready to submit to the dist'ict's
billing sewice. Crnerally, the distict will issue checks nronthly, afterBoard approval ifstaterrEntand
paperwork is corrpleted andin the District Offce by the end ofeachnronth. Allforms must be completed fully,
signed and betheoriginal. Each nDnthly staterEntrnrst incfude the following infornBtioo foreach student
receiving services: a) student's narE; b) description or services provide( c) totalnumberofhours s pent in
providing professional s ervices; and d) cost ofs ervices provided. Additional docunrcntation nny be requircd by
the District and rrnlSt be provided within five (5) working days ofthe date the *ritten requestforthe
docunEntation is rnade.
The district agrees to pay the Contractor at a rate of $47.25 per hour for Q5ig41[4!!q934{!!q!!!!S
Services for the drration of the coDtract. This contract is not to exceed $10,000 basedon the number of
days norked (approximately 15-20 hours a rronth)
COMPLEIE STATEVIBIT OF TM]!IS:
This ContrachralAgreerIEntconstitutes theentire agreerEntbetweentheparties hercto, and s hall s up efsede all
previous oral orwritten proposals, negotiations, corrrnitnpnts, and all o th er co r[Inn icatio ns between the
pafties. This ContracEalAgreerrrntnBy not be released, discharged, ornndified e)aept by an instrunEnt in
writ in g s ign ed by the duly authorized rep resentatives o fth e parties.
lN WITNESS WH EREOF, the parties hereto have caused this instrument to be executed in their names by
their proper officials pursJJant to approval of their respective boards
on ttrii l?A^ 66v"r !nr$rf*. zoza
Contracto gnature
Superintenden signee Signature
Name ol Distri.t
lndependence O&M Services LLC
Agency Name
I 245 GnalAve ldaho Falls,lD83402
Add ress
Contractor: Reena Chrvsler
Student: tusiSned O &M Students
Datei AuBust 1,2022