Documents › Board of Education, 2026-10-15

agreement 15 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: Medical Director Agreement

INDEPENDENT CONTRACTOR (MEDICAL DIRECTOR) SERVICES AGREEMENT This Agreement made this day of, October 2026, by and between Louis A. Corsaro MD, having offices at 355 North Salem Road, Brewster, New York 10509 (hereinafter "Dr. Corsaro") and the Croton-Harmon Union Free Schoo! District, having offices at 10 Gerstein Street, Croton-on-Hudson, New York 10520 (hereinafter “School District"). I. Services. School District hereby engages Dr. Corsaro (“Dr. Corsaro” or “School Doctor”), to perform the following services: a) Perform medical examinations of students, including but not limited to: i) Perform and/or arrange to have performed special examinations for students with physical conditions or disabilities as per Committee on Special Education request that require special accommodations as needed. b) Conduct and/or review state-mandated student health screenings/inspections (dental, hearing, vision and scoliosis), as needed. c) Consult and discuss with parents/guardians, students and school staff regarding an individual student's health conditions and needs, as required. d) Recommend adjustments of the educational program to meet the health needs of individual students, as needed. e) Review health assessment performed by a student's personal physicians for the approval or restriction of sports, athletic activities and school attendance, as needed. f) Provide consultative services to school personnel within the physician's area of expertise on appropriate infection contro] measures and procedures to take in case of accident or illness of individual students or individual staff members; however, such consultative services shall be in accordance with, and shall not substitute for, guidelines from federal, state, or local health, educational, or other relevant government authorities: g) Serve as, and perform the duties of, the Director of school health services, including any duties conferred on the school physician or school medical inspector under any provision of law, and will assume other appropriate health-related responsibilities as may be required to promote the physical well-being of the School District's students. h) In performing the services contemplatcd by this Agreement, Dr. Corsaro, shall comply with all applicable Federal, State and local statutes, rules and regulations including the New York State Safe Schools Against Violence in Education ("SAVE") legislation, including fingerprinting and clearance requirements. The School District shall share with Dr. Corsaro, all applicable policies, procedures, rules and regulations of the Schoo! District and the State Education Department, and Dr. Corsaro, shall, in performing the services contemplated by this Agreement, adhere thereto. i) Advise the School District on community, regional and national health issucs including immunization programs and updated requirements. j) Be available to meet with the Committee on Special Education and Committee on Pre-School Education when requested at a time convenient to both the Committees and School Doctor and when arranged with reasonable notice. ‘his may also include 504 meetings. k) Administer emergency first aid when appropriate and advise school nurses on aspects of first aid. ) Attend varsity, junior varsity, and modified football games when at home. School District will make every effort to provide the Schoo! Doctor with a schedule of games 3 months in advance. m) Participate in general meetings with the schoo! nurses and Assistant Superintendent for Pupil Personnel Services or other school officials whenever appropriate to discuss health related problems. The School Doctor represents that he has the requisite knowledge and skills to provide all such services and, if required, has the requisite license and/or certification to provide such services and will maintain such license, certification and qualification throughout the term of this Agreement. School District agrees to provide and be responsible for a chaperone for all examinations to be performed by the Schoo! Doctor pursuant to this Agreement. Dr. Corsaro recognizes that this Agreement does not grant Schoo! Doctor the exclusive right to perform the above-described services for the School District and that the School District may cnter into agreements with other contractors for the same or similar services. Dr. Corsaro agrees that the School Doctor will be Louis A. Corsaro, M.D., and School Dactor coverage for when Dr. Corsaro may be unavailable shall be provided by a Designee by Dr. Corsaro and School District may agree in writing. ll. Compensation. The School District shall pay Dr. Corsaro for the services provided by the School Doctor as follows: a) A yearly fee of $20,000.00. Fees will be paid on a monthly basis in twelve cqual payments, after the School District has received a written invoice. The ycarly fee will be prorated based on the date of Board of Education approved agreement. b) The above compensation is inclusive of ail of Dr. Corsaro and School Doctor's expenses, including, without limitation, for such things as travel, copying expenses, postage and telephone. Iti. Duration. This Agreement shall be in full force and effect commencing on October 16, 2026 and terminating on June 30, 2027, unless terminated sooner in accordance with the provisions of this Agreement. !V. Independent Contractor Status. Neither Dr. Corsaro nor School Doctor shall be considered as having employee status and enters into this Agreement and cach will remain throughout the term hereof an independent contractor of the School District. School Doctor, Dr. Corsaro, and Dr. Corsaro's officers, employees and/or agents, if any, are retained by the School District only for the purposes and to the extent set forth in this Agreement. Dr. Corsaro and School Doctor acknowledge that they will not hold themselves or Dr. Corsaro's officers, employees and/or agents, if any, out as employees of the School District. Neither Dr. Corsaro nor School Doctor shall hold themselves oul as anything other than independent contractors of the School District. a) Neither Schoo! Doctor nor Dr. Corsaro, its officers, employees and/or agents, if any, shall be entitled to any rights or bencfits afforded to the School District's employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement or any other employment benefit. Dr. Corsaro and/or School Doctor are responsible for providing, at their sole expense, disability, unemployment, workers’ compensation and all other forms of insurance, training, permits and licenses for School Doctor and for Dr. Corsaro's officers, employees and/or agents, if any. Neither School! Doctor nor Dr. Corsaro, its officers, employees and/or agents, if any, shall assert any claim for additional benefits or any nature, including, but not limited to, unemployment compensation benefits, by reason of the services to be performed pursuant to this Agreement. b) Neither School Doctor nor Dr, Corsaro, its officers, employees and/or agents, if any, shalt be entitled to assert any claim to entitlements pursuant to any collective bargaining agreement now or hereafter in effect between the School District and any of its employees. c) The School District shall not be responsible to pay Dr. Corsaro or School Doctor for any expenses paid or incurred for the services provided under this Agreement unless specifically provided for elsewhere in this Agreement or agreed to in a writing signed by both parties to this Agreement. d)} As an independent contractor, Dr. Corsaro retains full responsibility for complying with income reporting and other requirements by federal, state and/or local tax laws. Because Dr. Corsaro is an independent contractor, the School District will not make deductions from payments to Dr. Corsaro for income taxes, social security, unemployment insurance, workers! compensation or other employment/payroll taxes. The School District will issue a 1099 form at the end of each taxable period for monies paid to Dr. Corsaro. Dr. Corsaro shail be responsible for paying, when due, all income or other taxes incurred as a result of the compensation paid by the School District to Dr. Corsaro for services provided under this Agreement. e) The School District shall make no payments and shall not report School Doctor's services to any State retirement system for purposes of pension credit. V. Principal Contact Person. The principal contact person of the School District shall be the Assistant Superintendent for Pupil Personnel Services and/or Assistant Superintendent for Business. All correspondence, reports and inquiries regarding this Agreement shall be directed to that person. Vi. Confidential Information. Dr. Corsaro and School Doctor understand that in performing this Agreement School Doctor may have access to or acquire confidential information in possession of the School District or others, including, but not limited to names, facts or information about individuals, businesses and families, School Doctor may also have access to or acquire confidential information, potentially including but not limited to student directory information; personne] information and records; confidential business information; trade secrets; information regarding sensitive, confidential or internal School District matters and other protected information or data. It is agreed that the definition of confidential information includes all documentary, electronic or oral information made known to Dr. Corsaro and Schoo! Doctor through any activity related to this Agreement, except information available to Dr. Corsaro and/or School Doctor from third partios on an unrestricted basis. School Doctor and Dr. Corsaro agree that il, ils officers, employees and/or agents, if any, shall keep all confidential information in a secure place and further agrees not to publish, communicate, divulge, use, or disclose, for their own benefit or for the benefit of another, either during or after the performance of this Agreement, the content of such confidential information, directly or indirectly to any third-party, except as may be required for medical care and treatment, as explicitly provided for in this Agreement, or as explicitly authorized in writing by the Principal Contact Person of the School District. Dr. Corsaro and Schoo! Doctor understand that any unauthorized disclosure, publication and/or communication of such confidential information shall be considered a breach of this Agreement. Dr. Corsaro and School Doctor agree that if they receive a subpoena for divulgence of confidential information, he shall notify the Schoo! District prior to divulging the same, unless providing notice or the disclosure is expressly prohibited by the subpoena or court order. The parties further agree that the terms and conditions set forth in this confidentiality section and all of its subparts shall survive the expiration and/or termination of this Agreement. Upon termination or expiration of this Agreement, Dr. Corsaro shall deliver all records, data, information, and other computer media or documents produced or acquired during the performance of this Agreement and all copies thereof to the school district. Such materials shall remain the property of the School District. Dr. Corsaro acknowledges that in performing the services under this Agreement the School Doctor will have access to personally identifiable student data, information, or education records of the School District and/or confidential Annual Professional Performance Review data regarding teachers and principals of the District. Asa result, as required by Section 2-d of New York State Education Law, the parties have agreed upon and incorporated herein by reference the attached "Data Security and Privacy Plan.” VII, Termination. Fither party upon thirty (30) days written notice to the other party may terminate this Agreement for any reason or no reason. Upon such termination, Dr. Corsaro shall be paid for all work performed by School Doctor in accordance with this Agreement through the date of termination. Dr. Corsaro shall not be entitled to any additional payments, whether on account of lost profits or otherwise. VIf. Insurance. Dr. Corsaro shall have and maintain, and its own cost, policies of General and Professional Liability insurance coverage on an occurrence basis, as follows: Minimum Required Insurance: a. Commercial General Liability Insurance $1,000,000 per Occurrence/ $2,000,000 Aggregate $2,000,000 Products and Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Sexual Misconduct and Assault $100,000 Fire Damage $10,000 Medical Expense Coverage for sexual misconduct must be affirmed. Sub-limits below the policy limits for sexual misconduct coverage are acceptable solely at the discretion of the District. b. Automobile Liability $1,000,000 combined single limit for owned, hired, borrowed and non-owned motor vehicics. c. Workers' Compensation and NYS Disability Insurance Statutory Workers’ Compensation (C-105.2 or U-26,3); and NYS Disability Insurance (DB-120.1) for all employees. Proof of coverage must be on the approved specific form, as required by the New York State Workers’ Compensation Board. ACORD certificates are not acceptable. A person sccking an exemption must file a CE-200 Form with the state. The form can be completed and submitted directly 10 the WC Board online. d. Professional Errors and Omissions Insurance $2,000,000 per occurrence/ $2,000,000 aggregate for the professional acts of the consultant performed under the contract for the District. If written on a "claims-made” basis, the effective date must pre-date the inception of the contract or agreement, Coverage shall remain in effect for three years following the completion of work. e, Umbrella/Excess Insurance $3,000,000 each Occurrence and Aggregate. Umbrella/Excess coverage shall be on a follow-form basis or provide broader coverage over the required Auto Liability (where applicable), General Liability and Professional Liability coverages. VIII. Compliance with Law/Fingerprinting. Dr. Corsaro and School Doctor shall comply, at their own cost and expense, with all applicable Federal, State and local statutes, rules, regulations and ordinances including, but not limited to, the New York State Safe Schools Against, Violence in Education (SAVE) legislation and/or the Protection of People with Special! Needs Act (PPSNA), the Federal Family Educational Rights and Privacy Act ("FERPA") and Section 2d of the New York State Education Law (which concerns privacy and security of student, teacher and principal data). a) School Doctor shall obtain and maintain any necessary permits, licenses, registration and/or approvals of governmental authorities that are applicable to the services to be provided pursuant to this Agreement; those required by the New York State Depariment of Education, the Board of Education and/or the School District. School District shall provide Dr. Corsaro and School Doctor copies of any requirements outside of permits, licenses, registration and/or approvals of governmental authorities incident to the practice of medicine that School District believes applicable to School Doctor, b) In addition, School District shall provide Dr. Corsaro and Schou! Doctor copies of and Dr. Corsaro and Schoo! Doctor shall comply with any of the School District's written safety policies, codes or regulations that are generally applicable to visitors and contractors entering School District grounds. c) School District shall provide Dr. Corsaro and School Doctor copies of, and Dr. Corsaro and School Doctor shall adhere to, all requirements, protocols, policies and regulations of the School District or the New York State Education Department (including but not limited to the Commissioner of Education) applicable to the services to be provided hereunder. d) Dr. Corsaro also acknowledges and agrees that it and its employees, if any, may be subject to fingerprinting and a criminal history record check as may be required by the SAVE legislation and other sections of the Education Law of the State of New York. In such event, Dr. Corsaro and School Doctor agree to cooperate with the School District and to complete any and all necessary forms or procedures to obtain required fingerprinting and criminal history checks, all at no cost or expense to the School District. e) Schoo! District further agrees that it shall provide to Dr. Corsaro such requirements, codes, protocols, policies, and/or regulations as are required to be provided to Dr. Corsaro under this Agreement, within five (5) days of the execution of this Agreement, and Dr. Corsaro shall have the right to immediately terminate this Agreement within fourteen (14) days of receiving such requirements, codes, protocols, policies, and/or regulations if it determines that it cannot agree to comply with such requirements, codes, pratocols, policies, and/or regulations. f) Dr. Corsaro further agrees and understands that all individuals providing services under this Agreement who will have direct contact with students must be cleared by the New York State Education Department prior to providing services to the School District. Appropriate written proof of such clearance shall be provided to the School District prior to such individuals providing services to the School District. In the event that School Doctor utilizes an individual who is required to and who has not obtained fingerprinting clearance with the New York State Education Department, the School District shall have the right to immediately terminate this Agreement. 1X. Indemnification. Dr. Corsaro agrees that it shall defend, indemnify and hold harmless the Schoo) District, its employees, officers, agents and Board or Education for any and all loss, costs, damages and expenses, including attorneys’ fees, judgements, fines and amounts paid in settlement in connection with a terminated, pending or completed claim, liability, action, suit or proceeding of whatever name or nature caused by, arising from, or related to any negligent, reckless and/or willful act or omission by Dr. Corsaro and Schoo! Doctor or Dr. Corsaro’'s and/or the School Doctor's employees, officers and/or agents that occurs in connection to the services provided pursuant to this Agreement, The School District agrees that it shall defend, indemnify and hold harmless Dr. Corsaro and/or the School Doctor for any and all loss, costs, damages and expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement in connection with a terminated, pending or completed claim, liability, action, suit or proceeding of whatever name or nature caused by, arising from, or related to any negligent, reckless and/or willful act or omission by the School District and/or its employees, officers or agents that occurs in connection to the services provided pursuant to this Agreement. xX, Non-Discrimination Requirements. to the extent required by Article | 5 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, School Doctor agrees he shall not discriminate against any employee or applicant for employment or individual associated with the School District because of race, creed, color, sex, national origin, sexual orientation, age, disability, genetic predisposition or carrier status, or marital status, or any other basis protected by law. The services provided pursuant to this Agreement shall be provided without regard to a student's actual or perceived race, creed, color, weight, gender, scx, sexual orientation, national origin, ethnic group, religion, religious practice, age or disability. XI. Sexual Harassment. federal aid state laws and the policies of the School District prohibit sexual harassment of employees and students, Sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature that create a hostile or offensive working environment for School District employees or students. School Doctor shall exercise control over its cmptoyccs, agents, and consultants so as to prohibit acts of sexual harassment of School District employees or students. In the event the School District, in its reasonable judgment, determines that Dr. Corsaro, its employees and/or agents have committed an act of sexual harassment, upon notice from the Schoo! District, Dr. Corsaro shall cause such person to be removed and shall take such other action as may be reasonably necessary to cause such sexual harassment to cease. In the event Dr. Corsaro or its employees and/or agents believe it/he/she has been the subject of sexual harassment by the School District, its elected and appointed officials, employees, agents or students, Dr. Corsaro or its employees and/or agents shall give notice to the School District so the School District can take such action as may be reasonably necessary to cause any sexual harassment to cease. XII. No Assignment. Dr. Corsaro may not assign, transfer or convey any of its respective rights or obligations under this Agreement or subcontract any portion of the services set forth herein, without the prior written consent of the School District, which consent may be withheld for any reason whatsoever or for no reason. XIII. Cooperation in the Event of Litigation. In the event that any claim, demand, suit or other legal proceeding arising out of any matter relating to this Agreement is made or instituted by any person against the School District, Dr. Corsaro, shall, at his own cost and expense, provide the School District with all reasonable information and assistance in the defense or other disposition thereof. XIV. Notices. Any and all notices, demands or other communications required or desired to be given hereunder by either party shall be in writing and shall be validly given or made to the other patty if personally served or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and addressed to the party, as set forth above. !f such notice, demand or other communication is served personally, it shall be effective immediately. [fsuch notice, demand or other communication is given by mail, the same shall be effective when received, but in any event, it shall be effective no later than five (5) days afler deposit in the United States mail addressed to the party to whom such notice, demand or other communication is to be given, at the address set forth above. Either party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above. XV. No Waiver of Default. No failure by either party to insist upon the strict performance of any term, covenant, agreement or provision of this Agreement or to exercise any right or remedy upon a breach thereof, and no acceptance by the Schoo! District of any services during the Continuance of any such breach, shall constitute a waiver of any such breach or of any such term, covenant, agreement or provision. XVI. Entire Understanding. This Agreement constitutes the entire understanding and agreement between the parties and any and all prior agreements, commitments, understandings and representations are superseded and are of no further force and effect. No amendment, change or modification of this Agreement shall be valid unless in writing, signed by both parties hereto. XVII. Conflicts of Interest. School Doctor hereby warrants that there is no conflict of interest between School Doctor's other employment, if any, or other contracts, if any, and the activitics to be performed hereunder. School Doctor shall advise the School District if a conflict of interest arises in the future. XVIII. Governing Law. This Agreement shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of New York without regard to conflict of laws principles. The Parties irrevocably agree that any action or proceeding brought to enforce any rights, dutics or obligations under this Agreement shall be brought in the Supreme Court of the State of New York in Westchester County, or in the United States District Court for the Southern District of New York in Westchester County. ‘The Partics irrevocably consent to jurisdiction and venue of any action or proceeding brought to enforce any rights, duties or obligations under this Agreement in the Supreme Court of the State of New York in Westchester County, or in the United States District Court for the Southern District of New York in Westchester County. XIX. Construction. This Agreement has been arrived at mutually and is not to be construed against any party hereto as being the drafter hereof or causing the same to be drafted. IN WITNESS WHEREOPF, thc parties have executed this Agreement on the day and year first above wrilten, Pp yf } A ; aif, V4 4 (FOL ane vs Louis A. Corsaro, MD Date: /0/¢ [2b By: _ A, Corsaro, MD Print Name: ritle: editrel heerxfor Date: CROTON-HARMON UNION FREE SCHOOL DISTRICT By: Anamika Bhatnagar President of the Board of Education 6