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l hrs Contracrual Agreement is cntercd into betrveen J
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"Contractor"). Whereas, the District provides special educdtional and related services to assist
sudents attending school in the District in their iiducational development, as identified on the
students' individualized education program (lEP) plan; and Whereas, the Contractor is duly
licensed or qualified and able to provide related services to the District's students; It is hereby
agreed by both parties that:
DURATION OF AGREEMENT: The period of this Contractual Agreement will commence on
September I , 2021 and remain in effect until July 30. 2022. This Contractual Agreement is
contingent upon the availability offunds ofthe District. This Contractual Agreement shall not
exceed twelve ( l2) calendar months. At the discretion ofthe District. the Contractual Agreement
may be renewed annually.
COMPENSATION/BILLING: The District agrees to pay the contractor at a rate of $29.24tu for
LPN Skilled Nursing serviccs and $40.76lhr for RN Skilled Nursing Services. Contractor will
submit, by the 5th day ofeach month, a statement ofservices rendered each month, including the
completed district's Mcdicaid reponing forms. Thesc completed forms must be accuratc and
ready to submit for Medicaid reimbursement. Generally, the district will issue checks by the 20th
of the month if statemcnts and paperwork are completed and in the Drstrict office by the 5th of
each monrh. However, due ro Medicaid billing and reimbursement, the Contractor will allow
fortyfive (45) days for payment from rhe datc the invoice is submirted to the District. Each
monthly statement must include tlre following information for each student receiving services: a)
student's namc; b) description or services provided; c) total numbcr ofunits spent in providing
professional services; and d) cost ofservices provided. Additional documentation may be
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Dis輛 ct No 93(hereinater
required by the District and will be provided within ten (10) working days ofthe date the wriften
reque$ for the documentation is made.
RELATIONSHIP OF PARTIES: In performing services under this Contractual Agreement'
Contractor is and shall at all timcs be an independent contractor ofthe District. Nothing hcrein is
to be construed as establishing an employer/employee relationship.
SERVICES TO BE RENDERED: Contractor shall render the professional services enumerated
on the IEP Services page and the student plan ofcare, attached hereto and made a part of this
Contractual Agreement as if 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 ofthe records to the
District within ten (10) working days ofthe date requested. Additionally, upon reasonable notice,
the District shall have the right to review such records at any time during business hours, at the
Contractor's offrce.
CONFIDENTIALITY: Contractor 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). Contractor is prohibited from disclosing any information obtained as
a result of rendering services pusuant to this Contractual Agreement to any individual not
authorized and directed by the District, without parenVguardian consent or consent ofthe student
if 18 years of age or older.
REPORTING OF ABUSE, ABANDONMENT, OR NEGLECT: Contractor acknowledges its
obligation to comply with ldaho Code Section l6- l60l . et seq. and repon, within 24 hours, any
suspected abuse, abandonment, or neglect of a child to the law enforcement agency or ldaho
Department of Health and Welfare. Contractor also agrees to inform the District, within 24 hours,
of such suspicion.
SERVICE DELIVERY: TIME AND PLACE: Contractor shall perform services set forth on thc
student's IEP Services page and student plan ofcare, unless the parties mutually agree to a
modification of lhe time and place of service delivery'
COORDINATION OF SERVICES: To facititate delivery of serviccs. the District will provide: l)
reasonable and prompt notification of meetings and othcr appointments in which the Contractor
is expected to participate: 2) signcd parental consent forms, as nccessaryl 3) identifying
information regarding the client and the parent/guardian; and, 4) reasonable assistance in
facilifating communication beNeen the Conractor and clients. parents/guardian, and othcr
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 ofthe parent/guardian/or adult student, ifage of l8 years ofage
or older. for the disclosure ofaccess 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 Contr-actual 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 rhat all work pursuant to this Contractual Agreement will be performed in accordance
wirh rhe highest professional standards. Written assurances will be provided to the District
attesting that all employees who come into contact u'ith students shall have been subject to a
criminal background check at least as stringent as that required by Idaho Codes 33 - 130 and 33
- 512 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: Contractor shall be solely liable for any losses or damagcs
resulting from Contractor's performance ofany ofthe services covered by this Contractual
Agreement. Contractor shall indemnify and hold harmlcss the District from any liability,
including, but not limited to, cost, expenses. and attomey fees, resulting from Contractor's
performance of the services provided under this Contractual Agreement. Proofof insurance sha[[
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 operation of law, so as to authorize any person other than Contractor, or
Contractor's employees, to assume the duties subject to this Contractual Agreement without the
District's prior written consent.
AMENDMENT: This Contractual Agreement may be amended at any time with the prior written
consent ofboth parties. Any and all amendments to this Contractual Agreement shall be in
writing.
TERMINATION: This Contracnul Agreement may be terminated without cause by either party
within thirty (30) days after providing written notice ofthe intent to terminate to the other party.
Additionatly, the District may immediately terminate this Contractual Agreement, upon written
notice, in the event funding for the District's program is no longer available or the specific
services to this Contractual AgJeement are modified or terminated for a student.
DEFAULT: Upon default by either party, the non-defaulting party may cancel this Contracrual
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 incuned 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 ofthe obligations, as stated herein, shall be strictly complied with by the
parties.
NON-WAIVER BREACH: The failure of Contractor or the District to insist upon strict
performance ofany of the terms ofthis Contractual Agreement, or to exercise any option herein
conferred in any or all instanccs, shall not constitute a waiver or rclinquishment ofany 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: Thc partics hereby agrec 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 subjectcd to, discrimination under any activity performed pursuant to this
Contractual Agreement.
GOVERNANCE: This Contractual Agreement shall be govemed 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 Agrcement.
AITORNEY FEES: If either party defaults in any manner or fails to fulfiIl any and/or all
provisions of this Contractual Agreement. and if the non-defaulting party hires an attorney to
exercise its rights upon such det'ault or t'ailure, or if the parties are involved in any litigation
(including any proceedings in bankruptcy), the prevailing party shall be entitled to recover
reasonable attomey fees and costs from the other party. This paragraph shall be enforceable by
the panies 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 ofspecial education and independent contractor services in a
non-adversarial manner and to ensure that using thc following process to resolve interagency
disputes does noi disrupt services to students and families:
l. An individual or agency with a concem will first use the agency's internal procedures to
address the concem.
2. If resolution is not achieved at the previous lcvel, the issuc and all relevant information
will now be forwarded to the special education director ofthe Joint School No. 93 and
contractor's administrator.
3. If consensus is not reached at the previous level, the special education director will
forward the issue and all relevant information to the superintendent ofthe Joint School
No.93.
4. If a conccm is identificd that is related to thc quality of scwice or health and safety
issues, schools should refer concems about a contractor' their services, or quality of
services to the special education director and contractor's administrator to addrcss these
concerns.
5. Ifthese concems are not resolved in the dialogue with the school administrator (special
education director and/or superintendent) and the contractor's administrator, the DHW
regional licensing entity may be contacted to investigate the situation.
STUDENT DATA PRIVACY AND SECURITY Contractor acknowledges its obligation to
comply with the Idaho Data Accountability Act, Idaho Code Section 33-133. Contractor
covenants and represents as follows:
I . Contractor agrees that all information regarding services provided pursuant to this
Agreement, including, but not limited to, the student's identity and the natue of services
rendered, shall be confidential and comply with all federal and state laws;
2. Contractor represents and wanants that it has in place Administrative Security, Physical
Security, and Logical Security controls to protect from a data breach or unauthorized data
disclosure;
3. Contractor agees to restrict access to personally identifiable information (PII) to only
authorized staffwho require such access to perform their assigned duties;
4. Contractor is prohibited from using student data and PII for secondary uses including, but
not limited to, sales, marketing, or advertising;
5.Contractor agrees to indemniry and hold harmless the School District from any liability,
including, but not limited to, costs, fines, expenses, and attomey fees, resulting from
Contractor's performance of thc sewices provided under this Agreement and/or
non-compliance with state and federal law regarding Srudent Data Privacy and Security;
Contractor represents and warrants that it has an appropriate records retention schedule
and/or policy for the destnrction of data that is consistent with the School District's
record retention policy.
PENALTIES FOR CONTRACTOR'S FAILURE TO COMPLY WITH STUDENT DATA
pRMCy AND SECURITY Penalties for Contractor's non-compliance with state and federal
law or Contractor's covcnants and representations regarding Student Data Privacy and Securiry
as set forth in this Agreement will be assessed at the discretion ofSchool District's Board of
Trustees and may include, but are not limited to:
I . Immediate termination of any contracts with the School District without cause and for
convenience, without recourse by Contractor:
2. A two-year ban on Contractor's ability to contract and provide services to the School
District; and
3. Any other sanction the School District's Board of Trustees deems proper and appropriate
under the circumstances.
DEFINITIONS
t. "Administrative Security" consists ofpolicies, procedures, and personnel controls
including secwity policies. training, and audits, technical raining, supervision, separation
ofduties, rotation ofduties, recruiting and termination procedures, user access control,
background checks, performance evaluations, and disaster recovery, contingency, and
emergency plans. These measures ensure that authorized users know and understand how
to properly use the system in order to maintain security ofdata.
2. "Aggegate Data" is collected or reported at a group, cohort or institutional level and
does not contain PII.
3. "Data Breach" is the unauthorized acquisition of PII.6
5"Logical Security" consists of software safcguards for an organization's systems,
including user identification and password access, authenticating, access rights and
authority levels. These measures ensure lhat only authorized users are able to perform
actions or access information in a network or a workstation.
"Personally Identifiable Information (PII)" includes: a student's name; the name ofa
student's family; the srudent's address; the students' social security number; a student
cducation unique identification number or biometric record: or other indirect identifiers
such as a studert's date of birth, place of birth or mother's maiden name; and other
information that alone or in combination is linked or linkable to a specific student that
would allow a reasonable person in the school community who does not have personal
knowledge ofthe relevant circumstances, to identiry the student.
"Physical Security" describes security measures designed to deny unauthorized access to
facilities or equipment.
"student Data" means data collected at the student level and included in a student's
educational records.
"Unauthorized Data Disclosure" is the intentional or unintentional release ofPII to an
unauthorized person or untrusted environment.
COMPLETE STATE OF TERMS: This Contractual 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 Contractual
Agreement may not be released, discharged, or modified except by an instrument in writing
signed by the duly authorized representatives ofthe panies.
, the parties have executed this Contractual Agreement on this
910202147designee, Bonneville Joint School District No. 93
肋 蒻 ″易 ι /g//3んv DateAll Ways Caring HomeCare, Confi-actor Address
Discussion Checklist tvhen meeting with Privste Agencies
YESAIOQUESTIONS
L Does your agency have any actions pending against them at this time?
2. Does your agency have thc resources and staff to provide services for multiple students?
3. Ifproviding nursing (LPN) services, do you employ enough LPNs to provide services for
multiple students or back up if a primary nurse is not available?
4. Do you currently have an operating license with the State of Idaho?
5. Have you provided the district with the documents required?
a. Proof of Liabiliry Insurance
b. Worker's Compensation Coverage
c. Evidence of Criminal Background Check through the State Dcpartment of
Education within 5 days of beginning work.
d. Cunent Certificationsi Licenses for each provider by the first day of providing
services. Credentials may be faxed to 208-52544010 or emailed to
thurbery@d93mail.com Multicare Home Health and Staffing, Inc. Date Joint
School District No. 93