Documents › Board of Education, 2026-03-12

agreement 3 pages Scanned/OCR — text may contain errors

--- PAGE 1 --- AGREEMENT HAR 9 26 1a: 15AN BY AND BETWEEN the Croton-Harmon School District, with offices at 10 Gerstein Street, Croton-on- Hudson, New York, 10520 hereinafter referred to as “the District” and HTA of New York, 1053 Saw Mill River Road, Suite 101, Ardsley, NY 10502 hereinafter referred to as the “Provider,” WHEREAS, the District is the Local Education Agency (LEA) for the purposes of receiving federal IDEA flow-through funds from the New York State Education Department for Part B, Section 611 (P.L. 94-142 for students with disabilities ages 3-21) and Section 619 (P.L. 99-457 for students with disabilities ages 3-5) and sub allocating such funds to approved special education programs (ASEPs) for certain students with disabilities; and WHEREAS, the Provider is an eligible approved special education program authorized to provide special education services to preschool and/or school-aged special education students; and WHEREAS, the District is authorized to contract with the Provider to provide special education program for preschool and/or school-aged students with educational disabilities who reside within the District and who are placed in such program for the provision of special education services. NOW THEREFORE, the parties mutually agree as follows: 1. The term of this Agreement shall be for the school year beginning between July 1, 2025-June 30, 2026. Payment of the sub-allocation of such funds to the Provider shall be made on a per student basis. 2. In order to receive payment for the services rendered under this Agreement, the Provider must complete all required forms. The Provider shall complete the SEDCAR-1 Form. A fully-completed copy will be made a part of this Agreement as Attachment A. The Provider will receive payment from the District based on the total number of students as indicated on the SEDCAR-1 and subject to verification. 3. The SEDCAR-1 Form must.be completed and received by the District as prescribed by the State _ - Education Department. Within thirty (30) days of receipt of funds from SED, the District will process the initial payment to the Provider. The Provider may submit an FS 25 Request — for subsequent payment after receipt of the initial payment. The FS 25 must be received by the District no later than July 31, 2026. The FS 10F shall be completed by the Provider and submitted to the District no later than sixty (60) days after the close of the Provider's grant year. Upon receipt of the required forms, the District shall process payment of funds to the Provider. 4. All forms and notices that shall be given to the District shall be sent to the Board at the following address: 10 Gerstein Street, Croton-on-Hudson, New York 10520. 5. The District shall process payments to the Provider in accordance with applicable laws. The Board is only obligated to process payments to the Provider for the provision of services in the approved program as permitted under IDEA. Payments made to the Provider pursuant to this Agreement shall be utilized only for the purpose as provided in IDEA. --- PAGE 2 --- 6. The Provider shall maintain their books, records and accounts pertaining to the use of these funds in accordance with the requirements of the Reimbursable Cost Manual. The District, SED and the State Comptroller, or their authorized representative(s) shall have the right to conduct a fiscal audit of the Project supported by these funds, provided, however, that nothing in this Agreement will diminish or modify the audit procedures required in any other contract which the Provider may have with the District for the provision of special education or other services. Access to property and personnel related to the Provider's use of these funds shall be provided during an audit. 7. If, upon audit of this Agreement, the District determines that funds were used for unapproved uses, said funds shall be retumed to the District upon request. 8. Except.as otherwise directed by the District, the Provider shall, until six (6) years after the end of oo. the term of the Agreement, or until six (6) years after the termination of the Agreement, retain all books and records required hereunder, including, without limitation, all cost and accounting records, employee certifications, staff (pedagogical and non-pedagogical) attendance, service and time records pertaining to the use of these funds. The Provider shall make all books and records available to the District, the SED, the State Comptroller, or their authorized representatives, for review and audit at such times during business hours as they may request. 9, The Provider shall furnish any additional data and reports, including, but not limited to SED submissions, as the District deems to be related to the performance of the Agreement, upon request of the District. The Provider shall be given a reasonable time to respond to such requests. 10. The Provider shall comply with all applicable federal, state, and local laws in connection with the services to be provided by the Provider under this Agreement. 11. The District and the Provider may agree that if state law or regulation is amended during the term of this Agreement to provide for the flow-through to the Provider of funds from prior years known as “carryover funds,” this Agreement may also pertain to the distribution of those funds in accordance with the requirements of the law or regulation. 12. The District reserves the right to amend this Agreement, as may be necessary, in order to comply with any change in applicable law, regulations and guidelines goveming the operation of this Agreement. 13. This Agreement may only be modified or amended by mutual agreement of the parties, in writing. 14. The parties to this Agreement will maintain their independent and separate identities, each having exclusive control of its own management, assets and affairs. Neither party will, by virtue of this Agreement, assume any liability or obligation of the other party. 15. The Provider agrees to indemnify and save harmless the District, its officers, employees and agents, against any and all claims, liabilities, loss, damages, suit, proceeding, costs or expenses whatsoever, including those for personal injuries and property damage, as they may relate, in any manner, to the services provided by the Agency to the District pursuant to this Agreement. Said indemnification, defense and hold harmless shall apply to any claim, liability, loss, damages, suit, --- PAGE 3 --- proceeding, costs or expenses in which the District, its officers, employees and agents may be named as a party (except for negligent acts and omissions of the District), notwithstanding that the Agency may deem said claim, liability, loss, damages, suit, proceeding, costs or expenses frivolous or without merit. It is intended that this provision be interpreted in the broadest manner possible so as to insulate the District from any liability or judgment, monetary or otherwise, as the same may relate to the personnel and services provided by the Agency the District pursuant to this Agreement (but not for the negligent acts or omissions of the District, its officers, employees and agents). 16. The Provider agrees that it will not discriminate with respect to the provision of special education services on the grounds of race, religion, creed, color, national origin, sex, age, disability or other non-merit factors, nor discriminate against any individual on such grounds. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day of THE DISTRICT BY: Mr. Stephen Walker Superintendent of Schools THEPROVIDER | HiTh of New Yok BY: hp J WE cra Sulliga ‘ ant , Ses\ i: