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HomeMy WebLinkAboutBehavioral Heath Center 2017-18AGREEMENT FOR EDUCATION SERVICES BETWEEN BONNEVILLE JOINT SCHOOL DISTRICT NO. 93 AND BEHAVIORAL HEALTH CENTER This Agreement, effective the 1 'day ofJuly, 2017, is entered into between BONNEVILLE JOINT SCHOOL DISTRICT NO. 93 (hereinafter referred to as "School District ") 3497 North Ammon Road, Idaho Falls, Idaho 83401 and BEHAVIORAL HEALTH CENTER (hereinafter referred to as "BHC ") 2280 East 25th St., Idaho Falls, Idaho 83404. This Agreement addresses those students residing at BHC who are residents ofthe state ofldaho. This Agreement is a companion agreement to the Residential Facility Payment Agreement for Educational Services, which addresses students residing at BHC who are not residents of the state ofldaho. 1. STATEMENT OF PURPOSE The purpose of this Agreement is to define the provision of educational services to qualifying students in grades 6 through 12 who are residents of Idaho for the period oftime they are residing at BHC and the responsibilities of each party to this Agreement. School District has authority to enter into this Agreement pursuant to Idaho Code Section 33-512(2). 2. QUALIFYING STUDENTS 2.1 Each Idaho student residing at BHC and receiving educational services pursuant to this Agreement. 3. EDUCATIONAL PROGRAM 3.1 The educational program shall be located at BHC and provided through Bonneville Online School. 3.2 The educational program at BHC shall provide instructional courses for the primary purpose of having each student obtain a high school diploma. The educational program shall meet or exceed the academic standards of both the Idaho State Board of Education and the School District. 3.3 The education program will include state testing required by the Idaho State Board of Education and the School District. 4. SCHOOL DISTRICT RESPONSIBILITIES 4.1 Provide the educational program described in Section 3 of this Agreement with a secondary program located at BHC that provides instructional courses and offers services to eligible Idaho students to enable them to earn a high school diploma. AGREEMENT - l 4.2 If mutually agreed by both parties, a summer program will be offered. 4.3 Provide invoices to BHC based on weekly enrollment records reported in the School District's student information system as follows: 4.3.1 Provide invoices to BHC by July 31 ofeach year, stating the annual charges incurred for the preceding school year for the educational services provided to students residing at BHC from the effective date ofthis Agreement, as described below. 4.4 All educational records as defined by the Family Educational Rights and Privacy Act relating to Idaho students residing at BHC shall be maintained solely by the School District. 5. BBC RESPONSIBILITIES 5.1 BHC agrees that all information regarding services provided pursuant to this Agreement, including, but not limited to, the student's identity and the nature of services rendered, shall be confidential pursuant to the Family Educational Records and Privacy Act (FERPA). BHC shall not disclose any information obtained as a result ofthis Agreement to any individual not authorized and directed by the School District, or without the consent ofthe parent/guardian or the student, if 18 years ofage or older and rights have transferred to the student. 5.2 BHC and BHC's employees or agents shall perform all duties pursuant to the Agreement in compliance with the provisions of the School District's policies and procedures. 5.3 Provide a substitute teacher for days the regularly assigned teacher may miss. The cost ofthe substitute will be the responsibility of BHC. 5.4 BHC shall insure that any of its staff members having unsupervised contact with students while attending school shall pass a criminal history background check that meets or exceeds the requirements and the timelines set forth in Idaho Code Sections 33-130 and 33-512(15). 5.5 In order to maintain a safe environment for all students residing at its facility, BHC shall insure that it has a system developed that cross-checks all contractors or other persons who have irregular contact with students against the statewide sex offender 5.6 BHC agrees to provide payment to the School District within thirty (30) days from the date an invoice is submitted for payment as follows: AGREEMENT-2 5.6.1 Pay School District the invoice amount setting forth the annual charges for the educational services provided to students residing at BHC from the effective date of this Agreement. 5.6.2 Pay School District the annual invoice amount which includes the salary and benefits ofthe Bonneville Joint School District 93 employees assigned to BHC; $150.00 per credit attempted by students residing at BHC and enrolled in Bonneville Online School. 6. GENERAL TERMS AND CONDITIONS: 6.1 This Agreement shall be effective on the 1st day of July, 2017, and shall be in effect until the 30th day of June 2018. This Agreement shall not exceed twelve (12) calendar months. At the discretion of the School District, the Agreement may be renewed annually effective July 1st ofeach successive year. 6.2 No person shall, on the grounds of race, creed, color, national origin, sex or disability be excluded from participation in, be denied the benefits of or be otheiwise subjected to discrimination under any activity, program or service performed pursuant to this Agreement. 6.3 Any and all claims which hereafter arise on the part of al}Y anq .all persq~s.. ~~.direct or indirect result of BHC and BBC's employees or agents' performance or failure to perform duties pursuant to this Agreement, shall be BBC's sole obligation, and BHC shall defend, pay costs of defe,n~e;.Jndemnify.\ and hold hann~s..the School District and the School District's employees and agents in full for any and all such acts or failures to act on the part of BHC or BBC's employees or agents. , , . \ .,.. \ 6.4 For the duration ofthis Agreement BHC shall maintain in effect 6o~p~~hensive liability insurance in an amount not less than two millions dollars ($2,000,000} insuring the School District and all ofthe students attending BHC pursuant to this Agreement against any liability arising out of the terms of this Agreement. BHC shall also have an additional insured endorsement, naming the School District as the additional insured entity, attached thereto. Proof of such insurance shall be provided to the School district within thirty (30} days after the effective date ofthis Agreement. 6.5 This Agreement shall not be assigned, in whole or in part, without the written consent ofthe School District. 6.6 This Agreement shall be governed by the laws ofthe State of Idaho and the rules of the Idaho State Board of Education. 6.7 The failure of the School District or of BHC to insist upon strict performance of any of the terms or conditions of this Agreement shall not be construed to be a waiver or AGREEMENT -3 -·-------------------------­···-·--······-·-·······-··· ----- relinquishment of any such right or responsibility, unless such waiver is agreed to in writing by both parties. 6.8 This wiitten Agreement constitutes the mutual agreement of the School District and BHC in whole. No alteration or variation of the terms of this Agreement and no oral understandings or agreements not incorporated herein, unless made in writing between the parties hereto, shall be binding. 6.9 This Agreement may be terminated by either party. Upon termination, BHC and School District shall stop providing services. School District shall be reimbursed fo r costs incurred to date oftermination upon submission ofan invoice within sixty (60) days of the date of termination. JN WlTNESS WHERE OF, the parties hereto have caused this instrument to be executed in their names by their proper officials pursuant to approval of their respective boards. BONNEVILLE JOINT SCHOOL BERAVI ORAL HEAL TH CENTER DISTRICT 93 By:-ld~ 7 By q4~ Title or Position C II1:1 r~"'11'4> -,,&" dr ?~J'itle or Position __~ Date: Cf ~1 z_pt 7 ------------------- RESIDENTIAL FACaITY PAYMENT AGREEMENT FOR EDUCATIONAL SERVICES Pursuant to Idaho Code §33-10028 This Agreement effective the 1st day ofJuly, 2017, is entered into between BONNEVILLE JOINT SCHOOL DISTRICT NO. 93 (hereinafter referred to as '\he School District") 3497 North Ammon Road, Idaho Falls, Idaho 83401, and BEHAVIORAL HEALTH CENTER (hereinafter referred to as "Residential Facility") 2280 East 25th St., Idaho Falls, Idaho 83404. This Agreement is a companion agreement to the Agreement for Services between Bonneville Joint School District No. 93 and Behavioral Health Center. Whereas, Idaho Code § 33-1002B(4) provides that school-age special education students from outside the state of Idaho, who are residing in a licensed public or private residential facility (hereinafter referred to as "residential facility") in Idaho shall be provided education services if requested by the Residential Facility, provided that the School District shall sign a contract with the Residential Facility, which shall delineate the education services to be provided by the School District and the amount to be paid by the Residential Facility; and Whereas, Idaho Code § 33-1002B(S) provides that school-aged non-special education children from outside the state ofIdaho, who are residing in a residential facility in Idaho may be provided education services ifrequested by the Residential Facility, provided that the School District shall sign a contract with the Residential Facility, which shall delineate the education services to be provided by the School District and the amount to be paid by the Residential Facility; and Whereas, Idaho Code § 33-1002B (4) and (5) exclude the out-of-state students from receiving any state funding; and Whereas, Idaho Code § 33-1002B (4) and (5) require that the Residential Facility shall pay the full cost ofproviding the education services; and Whereas, the Residential Facility is a licensed public or private facility within the state of Idaho, requesting education services for students placed from outside the State of Idaho; and Whereas, the Residential Facility understands that each schedule attached hereto for each individual out-of-state student sets forth the actual cost for education as determined by the School District. THEREFORE, it is hereby agreed by both parties that: DURATION OF AGREEMENT The period of this Agreement will commence on the I5' day of July 2017 and remain in effect until the 30th day ofJune 2018. This Agreement shall not exceed twelve (12) calendar months. At the discretion ofthe School District, the Agreement may be renewed annually effective July 1st of each successive year. Payment Agreement for Educational Servi ces-contilued Page2of5 TYPE OF SERVICES ONon-special education. 0Special Education as per attached Appendix A-1. Residential Facility acknowledges and agrees that the provision of Special Education Services pursuant to this Agreement is only upon the condition that the School District has been given the opportunity to provide input on any federally required education programs or plans for any student receiving special education services. CONFIDENTIALITY Residential Facility agrees that all infonnation regarding services provided pursuant to this Agreement, including, but not limited to, the student's identity and the nature of services rendered, shall be confidential pursuant to the Family Educational Records and Privacy Act (FERPA). Residential Facility is prohibited from disclosing any information obtained as a result of this Agreement to any individual not authorized and directed by the School District, or without the consent of the parent/guardian or the student, if 18 years of age or older and rights have transferred to the student. COORDINATION OF SERVICES To facilitate the delivery of education services, the Residential Facility will provide: (1) reasonable and prompt notification ofmeetings and other appointments in which School District will have the opportunity to participate; (2) signed parent/guardian consent fonns, as necessary; (3) identifying information regarding the student and the parent/guardian; and (4) reasonable assistance in facilitating communication between District and the student, parent/guardian, and other providers and agencies. COMPENSATION/BILLING The Residential Facility shall be solely and fully responsible to pay the School District for all education services provided under this Agreement and shall compensate the School District as set forth in the rate schedules attached hereto for each individual out-of-state student. The parties to this Agreement acknowledge that the rate schedules may change based on individual student needs throughout a school year. Additional rate schedules may be submitted by the School District to the Residential Facility during the term of this Agreement in the event new out-of­ state students begin residing at the Residential Facility. In the event an out-of-state student leaves the Residential Facility during the term of this Agreement, the Residential Facility shall notify the School District within five (5) business days. ltan out-of-state student ieaves the Residentiai Faciiity, the Schooi District wiii review the rate schedule for that student and identify whether any additional funds for that student are owed by the Residential Facility. Payment Agreement for Educational Services-continued Page 3 of 5 The School District will submit an annual statement based on the attached rate schedules and will allow thirty (30) days for payment from the date the invoice is submitted to the Residential Facility. ASSIGNMENT This Agreement shall not be subject to assignment, in whole or in part, by Residential Facility or by operation of law, so as to authorize any person other than Residential Facility or its employees, to assume the duties subject to this Agreement without the School District's prior written consent SUCCESSORS AND ASSIGNS This Agreement is binding upon, and inures to the benefit of, successors and permitted assigns to the Agreement. AMENDMENT This Agreement may be amended at any time with the prior written, mutual consent of both parties. Any and all amendments to this Agreement shall be in writing. TERMINATION This Agreement, may be immediately terminated in the event the student(s) receiving the educational services is/are no longer eligible for the educational services, or no longer residing at the Residential Facility. Each party shall provide written notice ofthe intent to terminate to the other party. DEFAULT Upon default by either party, the non-defaulting party may, upon written notice, cancel this Agreement immediately and may pursue any and all available legal and equitable 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 ofthe essence in this Agreement; therefore, all times for performance of the obligations, as stated herein, shall be strictly complied with by the parties. NON-WAIVER BREACH The failure ofResidential Facility or the District to insist upon strict performance of any ofthe terms ofthis 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 evidenced by the prior written consent ofResidential Facility orthe District. Payment Agreement for Educational Services-continued Page4 of5 NON-DISCRIMINATION The parties hereby agree that no person shall be excluded from, denied participat ion in, or otherwise be subjected to discrimination on the grounds of race, color, creed, national origin, sex, age, or disability in perfonnance of this Agreement. GOVERNANCE This Agreement shall be governed by the laws of the State ofidaho. ATTORNEY FEES Ifeither party defaults in any manner, or fails to fulfill any or all provisions of this 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 s from the other party. This paragraph shall be enforceable by the parties notwithstanding any rescission, forfeiture, or other tennination of this Agreement. SEVERABILITY Any tenn or provision of this agreement that is invalid or unenforceable in any situation in any jurisdiction (1) will be deem ed modified to reflect the intent of the parties, determined by reference to the invalid or unenforceable tenn or provision, to the greatest extent pennissible; and (2) will not affect the validity or enforceability of the remaining terms and provisions of this Agreement, or the validity or enforceability of the offending term or provision in any other situation or jurisdiction. CONSTRUCTION This Agreement is to be construed as the joint and equal work product of each party, and mAy not be interpreted more or less favorably in respect to either party on account of its preparation or drafting. COMPLETE STATEMENT OF TERMS This Agreement constitutes the entire agreement between the parties hereto, and shall supersede all previous oral or written proposals, negotiations, commitments, and all other communications between the parties. This Agreement may not be released, discharged, or modified except by an instrument in writing, signed by the duly authorized representatives of the parties. executed th is Agreement on th is 9/11 day of s¥rintendent c:;:;::> Bonneville School District No. 93 Approval by