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HomeMy WebLinkAboutIndependece O&M Services Phone: (208) 525-7500 FAX: (208) 525-7596 Web Address: ifschools.org IDAHO FALLS SCHOOL DISTRICT 91 System of Care Protocol for Independent Contractors THIS AGREEMENT entered into on June 6, 2023 between Idaho Falls School District 91, hereby known as the District, having a principal place of business at 690 John Adams Pkwy, Idaho Falls, Idaho, and Independence O &M Services, LLC, hereby known as the Contractor, is for the school year 2021-22. The following service(s) requested: Orientation and Mobility Dates of service: beginning July 1, 2023 through June 30, 2024 Hours of service: $48.75 per hour/student session Travel: .65 cents per mile Contractor requirements attached hereto are made a part of this 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 Idaho State Board of Education as provided in Section 33-3003, Idaho 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) including: a. The appropriate staff and oversight to implement IEPs for each student as determined by the school IEP team; b. Services to the students according to the scho 2021-2022 school calendar (attached), excluding emergency school closures or when student is absent. 3. The Contractor further agrees to provide the District the following: a. b. Other services such as consultations and meetings; c. Assurance that all work will be performed in accordance with the highest professional standards; d. Contractor: Reena Chrysler Date: June 6, 2023 Student: Assigned O &M Students e. Verification all employees who come into contact with the student have been subject to a criminal background check as required by Idaho Code 33-130 and have been determined to not have a criminal history inconsistent with working with children. f. Daily completion of the Dist service days, times and results of services provided for each student, as per the IEP. 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 of the 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 Insurance. i. 4. If 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 Idaho 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 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 District 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, including, but not limited to, cost, expenses, and attorney fees, of liability insurance with Idaho Falls School District 91 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 $1,000,000.00 and Contractor: Reena Chrysler Date: June 6, 2023 Student: Assigned O &M Students Idaho Falls School District 91 INDEPENDENT CONTRACTOR CONTRACTAL AGREEMENT: Orientation and Mobility Services This Contractual Agreement is entered into between Idaho Falls School District 91 (hereinafter referred to as Independence O&M Services, LLC Whereas, the District provides special educational and related services to assist students attending school in (IEP) plan; and Whereas, the Contractor is duly licensed or qualified and able to p students; It is hereby agreed by both parties that: DURATION OF AGREEMENT: The period of this Contractual Agreement will commence on the August 28, 2023 and remain in effect until the last day of school, May 31, 2024. This Contractual Agreement is contingent upon the availability of funds of the District. This Contractual Agreement shall not exceed twelve (12) calendar months. At the discretion of the District, the Contractual Agreement may be renewed annually. RELATIONSHIP OF PARTIES: In performing services under this Contractual Agreement, Contractor is and shall at all times be an independent contractor of the District. Nothing herein is to be construed as establishing an employer-employee relationship. SERVICES TO BE RENDERED: Provider shall render the professional services enumerated on Summary of Services, attached hereto and made a part of this 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 provide copies of the records to the District within five (5) working days of the date requested. Additionally, upon reasonable notice, the District shall have the right to review such records at any time during business hours. Appropriate Medicaid billing sheets will be completed each month for the student(s) served. CONFIDENTIALITY: Provider agrees that all information regarding services provided pursuant to this Contractual Agreement, pursuant to the Family Educational Records and Privacy Act (FERPA). Contractor is prohibited from disclosing any information obtained as a result of rendering services pursuant to this Contractual Agreement to any individual not authorized and directed by the District, without parent/guardian consent or consent of the student if 18 years of age or older. REPORTING OF ABUSE, ABANDONMENT, OR NEGLECT: Contractor acknowledges its obligation to comply with Idaho Code Section 16-1601, et seq. and report, within 24 hours, any suspected abuse, abandonment, or neglect of a child to the law enforcement agency or Idaho Department of Health and Welfare. Contractor also agrees to inform the District, within 24 hours, of such suspicion. Contractor: Reena Chrysler Date: June 6, 2023 Student: Assigned O &M Students SERVICE DELIVERY: TIME AND PLACE: Contractor shall perform services set forth in Summary of Services, unless the parties mutually agree to a modification of the time and place of service delivery. COORDINATION OF SERVICES: To facilitate delivery of services, the District will provide: 1) reasonable and prompt notification of meetings and other appointments in which the Contractor is expected to participate; 2) signed parental consent forms, as necessary; 3) identifying information regarding the client and the parent/guardian; and, 4) reasonable assistance in facilitating communication between the Contractor and clients, parents/guardian, and other providers and agencies. PRIOR APPROVAL OF SERVICES: All services rendered by Contractor under the terms of this Contractual Agreement shall require prior approval by the District in accordance with federal 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 times require the written consent or authorization of the parent/guardian/or adult student, if age of 18 years of age or older, for the disclosure of access to educational information pursuant to FERPA or protected health information pursuant to the Health Information Portability and Accountability Act (HIPAA) regarding the student, and shall maintain the confidentiality of that information consistent with the state and federal law and regulations. PROFESSIONAL SERVICES: The services rendered pursuant to this Contractual Agreement 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 agrees that all work pursuant to this Contractual Agreement will be performed in accordance with the highest professional standards. Written assurances will be provided to the District attesting that all employees who come into contact with students shall have been subject to a criminal background check at least as stringent as that required by Idaho Code 33 130 and policies of the District, and have been determined to not have a criminal background inconsistent with working with children. The District shall have the right to observe services being provided to the clients. INSURANCE AND LIABILITY: the services covered by this Contractual Agreement. Contractor shall indemnify and hold harmless the District performance of the services provided under this Contractual Agreement. Proof of insurance shall be submitted to the District within ten (10) days of the date of this Contractual Agreement. ASSIGNMENT: This Contractual Agreement shall not be subject to assignment, in whole or in part, by Contractor or by operatio AMENDMENT: This Contractual Agreement may be amended at any time with the prior written consent of both parties. Any and all amendments to this Contractual Agreement shall be in writing. TERMINATION: This Contractual Agreement may be terminated without cause by either party within thirty (30) days after providing written notice of the intent to terminate to the other party. Contractor: Reena Chrysler Date: June 6, 2023 Student: Assigned O &M Students Additionally, the District may immediately terminate this Contractual Agreement, upon written notice, in the vices to this Contractual Agreement are modified or terminated for a student. DEFAULT: Upon default by either party, the non-defaulting party may cancel this Contractual Agreement immediately, upon notice and may pursue any and all available legal, equitable, and other remedies. The defaulting party shall be liable for any and all expenses that are incurred by the non-defaulting party 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 of the essence in this Contractual Agreement; therefore, all times for performance of the obligations, as stated herein, shall be strictly complied with by the parties. NON-WAVIER BREACH: The failure of Contractor or the District to insist upon strict performance of any of the terms of this Contractual Agreement, or to exercise any option herein conferred in any or all instances, shall not constitute a waiver or relinquishment of any such term, but the same shall be and remain in full force and effect, unless such waiver is evidence by the prior written consent of Contractor or the District. NON-DISCRIMINATION: The parties hereby agree that no person shall, on the grounds of race, color, creed, national origin, sex, age, or disability, be excluded from or denied participation in, or otherwise subjected to, discrimination under any activity performed pursuant to this Contractual Agreement. GOVERNANCE: This Contractual Agreement shall be governed by the laws of the State of Idaho. Contractor shall, at all times, comply with and observe all federal, state, and local laws, regulations, and ordinances which are in effect and applicable during the period of this Contractual Agreement. ATTORNEY FEES: If either party defaults in any manner or fails to fulfill any and/or all provisions of this Contractual Agreement, and if the non-defaulting party hires an attorney to exercise its rights upon such default or failure, or if the parties are involved in any litigation (including any proceedings in bankruptcy), the prevailing party shall be entitled to recover reasonable attorney fees and costs from the other party. This paragraph shall be enforceable by the parties notwithstanding any rescission, forfeiture, or other termination of this Contractual Agreement. DISPUTE RESOLUTION: All participating agencies agree to resolve systemic disputes that arise in the provision of special 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 students and families: 1. concern. 2. If resolution is not achieved at the previous level, the issue and all relevant information will now be administrator. 3. If consensus is not reached at the previous level, the Director of Student Services will forward the issue and all relevant information to the superintendent of Idaho Falls School District 91. 4. If a concern is identified that is related to the quality of service or health and safety issues, schools should refer concerns about a contractor, their services, or quality of services to the Director of Student Services 5. If these concerns are not resolved in the dialogue with school administrator (Director of Student Services contacted to investigate the situation. Contractor: Reena Chrysler Date: June 6, 2023 Student: Assigned O &M Students