Documents › Board of Education, 2026-07-16

agreement 7 pages Scanned/OCR — text may contain errors

Also attached to this agenda item: PearlCare Rate Sheet 2026-27 (418 KB) Special Education Agreement for Services

SCHOOL STAFFING AGREEMENT This Agreement is entered into by the Croton-Harmon Union Free School District, located at 10 Gerstein Street, Croton-on-Hudson, NY 10520, including its affiliates and subsidiaries referred to in this Agreement as “SCHOOL,” and PearlCare Search Group, LLC., with an office located at 2 William St, Sulte 303, White Plains, NY 10601, referred to in this Agreement as “PEARLCARE.” PEARLCARE employs healthcare personnel and is willing to provide such personnel to SCHOOL. Therefore, SCHOOL and PEARLCARE agree to the following terms and conditions. ARTICLE 1. TERM OF AGREEMENT Section 1.01 Term and Termination. This Agreement will be in effect for one (1) SCHOOL calendar year and will be automatically renewed at the end of the first year and each subsequent year unless terminated. Either party may terminate this Agreement at any time, with or without cause, by providing at least thirty (30) days advance written notice of the termination date to the other party. Such termination will have no effect upon the rights and obligations resulting from any transactions occurring prior to the effective date of the termination. ARTICLE 2, RESPONSIBILITIES OF PEARLCARE Section 2.01 Services. Subject to availability of qualified Healthcare Personnel (Defined in Attachment A), (collectively, “Personnel”), PEARLCARE will, upon request by SCHOOL, provide healthcare services to SCHOOL STUDENT(s) as requested by SCHOOL (including to be the main nurse on school grounds in the absence of a nurse) but not limited to day and overnight trips. Services will be provided according to SCHOOL calendar year, provided by SCHOOL and includes, but not limited to traveling to and/or from SCHOOL on transportation provided by SCHOOL when SCHOOL trips are scheduled. Section 2.02 Personnel. PEARLCARE will supply SCHOOL with personnel who meet the following criteria: 1) Possess current state license/ registration and/or certification, as applicable and appropriate for the services provided to SCHOOL, and possess CPR certification, if required by applicable laws, regulation, or accreditation standards, to be presented to SCHOOL Administrator upon request. Section 2.03 Healthcare Professional Pool. PEARLCARE will establish a back-up Personnel pool to provide coverage in the event of Personnel sickness, vacation or unexpected termination, while still allowing for the consistency in STUDENT’s care. Section 2.04 Insurance. PEARLCARE will maintain (at its sole expense), or require the individuals it provides under this Agreement to maintain, a valid policy of insurance evidencing general and professional liability coverage of not less than $1,000,000 per occurrence and $3,000,000 in the aggregate, covering acts or omissions which may give rise to liability for service under this Agreement. All such insurance shall reflect that SCHOOL is an additional insured thereunder and that SCHOOL shali receive no less than 15 days written notice in the event of the termination thereof. PEARLCARE shall provide SCHOOL with a Certificate of Insurance reflecting the information set forth in this section. Section 2.05 Employer Obligations. PEARLCARE will follow its standards employment policies and procedures to verify that all Personnel meet applicable licensing requirements. PEARLCARE, or its subcontractor, if applicable, will maintain direct responsibility as employer for payment of wages and other compensation, and for any applicable mandatory withholdings and contributions such as federal, state, and local income taxes, social security taxes, worker's compensation, and unemployment insurance. Section 2.06 Fingerprinting. PEARLCARE acknowledges and agrees that its personnel who are assigned to provide services to SCHOOL under this Agreement may be subject to fingerprinting and a criminal history record check as may be required by the Education Law of the State of New York, In such event, PEARLCARE agrees to cooperate with SCHOOL and to complete any and all necessary forms or procedures, all at no cost or expense to SCHOOL. Section 2.07 Confidential Information. PEARLCARE understands that in performing this Agreement it and its personnel may have access to confidential information in the possession of SCHOOL or others, including, but not limited to names, facts or information about individuals, businesses students and families. PEARLCARE and/or its employees may also have access to confidential information concerning students, such as IEPs other student records; personnel information and records; information regarding sensitive, confidential or internal SCHOOL matters and other protected information. It Is agreed that the definition of confidential information includes all documentary, electronic or oral information made known to PEARLCARE or its personnel through any activity related to this Agreement. PEARLCARE and its personnel agree not to reveal any confidential information and they understand that any such disclosure shall be considered a breach of this Agreement. PEARLCARE agrees that if it or any of its officers or personnel receives a subpoena for divulgence of any such confidential information, PEARLCARE shall notify SCHOOL prior to divulging the same. This section shall survive termination of this Agreement. ARTICLE 3. RESPONSIBILITIES OF SCHOOL Section 3.01 Individual Education Programs (IEP). When the services to be provided by PEARLCARE are to be provided to specific individually designated students on an individual or small group basis, such services will be provided in compliance with the individual student’s IEP or health plan. SCHOOL will provide PEARLCARE with STUDENT(s)’ IEP and/or health plan and all duties will be carried out on SCHOOL premises including, but not limited to, the school bus or other mode of transportation. SCHOOL agrees that it will use all reasonable means to ensure the services to be provided by PEARLCARE personnel, will not contradict any aspect of STUDENT’s plan of care, as established by STUDENT’s physician. Section 3.02 Right to Dismiss. If SCHOOL’s Board or designee determines that anyone provided by PEARLCARE is incompetent, has engaged in misconduct, or had been negligent, SCHOOL may require such personnel to leave the premises and will notify PEARLCARE immediately. SCHOOL’s obligation to compensate PEARLCARE for such Personnel’s service will be limited to the number of hours actually worked. PEARLCARE will not reassign such Personnel to SCHOOL without prior approval of the SCHOOL’s Board or designee. PEARLCARE has the right to cure such incompetence by replacing Incompetent Personnel with competent Personnel. Section 3.03 Placement Fee. SCHOOL will take no steps to recruit or hire as its own employees those Personnel provided by PEARLCARE during the term of this Agreement. SCHOOL understands PEARLCARE in not an employment agency and that Personnel are assigned to the SCHOOL to render temporary service(s) and are not assigned to become employed by the SCHOOL. The SCHOOL further acknowledges the substantial investment in business related costs incurred by PEARLCARE to include advertisement, recruitment, interviewing, evaluation, reference checks, training, and supervising Personnel. In the event that SCHOOL, or any affiliate, subsidiary, department, or division of SCHOOL hires Personnel, SCHOOL will be in breach of this agreement and SCHOOL agrees that damages would be too difficult to calculate. Accordingly, SCHOOL agrees that if SCHOOL recruits or hires Personnel who has been introduced to SCHOOL through this Agreement, SCHOOL agrees to give PEARLCARE one hundred eighty (180) days notice of its intent to hire, continuing to staff Personnel through PEARLCARE for a minimum of thirty- six (36) hours per week through the one hundred eighty (180) days notice period or, SCHOOL agrees to pay PEARLCARE liquidated damages of thirty thousand dollars ($30,000.00). ARTICLE 4. MUTUAL RESPONSIBILITIES Section 4.01 Orientation. PEARLCARE will cooperate with school to provide PEARLCARE Personnel with an adequate and timely orientation to SCHOOL. At a minimum, SCHOOL will orient PEARLCARE Personnel to its hazardous communication procedures and the SCHOOL- specific Exposure Control Plan as it pertains to OSHA requirements for blood borne pathogens. Section 4.02 Non- discrimination. Neither PEARLCARE nor SCHOOL will discriminate on the basis of age, race, color, national origin, religion, sex, disability, being a qualified disabled veteran, being a qualified veteran of the Vietnam era, or any other category protected by law. ARTICLE 5. COMPENSATION Section 5.01 Rates. PEARLCARE will supply Personnel under this Agreement at the rates listed in Attachment A. Section 5.02 Billing PEARLCARE will submit invoices in the format allowed by our scheduling software to SCHOOL every week for Personnel provided to SCHOOL. Invoices shall be submitted to the following address: Croton-Harmon Union Free School District 10 Gerstein Street Croton-on-Hudson, NY 10520 Or via email at: kaylen.ward@chufsd.org, Christine.martins@chufsd.org and rachel.depaul@chufsd.org Section 5.03 Payment. All amounts due to PEARLCARE are due and payable within thirty (30) days from date of invoice. SCHOOL will send all payments to the following address and made payable to: PearlCare Search Group, LLC: PearlCare Search Group, LLC. 1428 W. Belmont Avenue, Suite 1 Chicago, IL 60657 Or Via ACH ABA Number: 071000013 Account Number: 675021098 Section 5.04 Late Payment. Invoices not paid within thirty (30) days from issue date will cumulate interest, until paid, at the rate of one and one-half percent (1 % %) per month on the unpaid balance, equating to an annual percentage rate of eighteen percent (18%) or the PEARLCARE rate permitted by applicable law, whichever is less. Section 5.05 Rate Change. PEARLCARE will give SCHOOL at least thirty (30} days advance notice of any change in rates, to be mutually agreed upon in writing by both parties. ARTICLE 6. GENERAL TERMS Section 6.01 Independent Contractors. The parties enter into this Agreement as independent contractors, and nothing contained In this AGREEMENT will be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Section 6.02 Assignment. Neither party may assign this Agreement without the prior written consent of the other party, and such consent will not be unreasonably withheld. No such consent will be required for assignment to an entity owned by or under common control with assignor. In any event, the assigning party will remain fully responsible for compliance with all of the terms of this Agreement. Section 6.03 indemnification. PEARLCARE agrees to indemnify, defend and hold harmless SCHOOL, its officers, employees, agents, administrators and Board of Education from any claims, liabilities, suits, proceedings, costs, damages, expenses and actions, including reasonable attorney’s fees, arising from any willful, reckless, or negligent acts or omissions of PEARLCARE, its officers, directors, personnel, agents, and employees. SCHOOL agrees to indemnify, defend and hold harmless PEARLCARE, its officers, directors, personnel, agents, and employees from any claims, liabilities, suits, proceedings, costs, damages, expenses and actions, including reasonable attorney’s fees, arising from any willful, reckless, or negligent acts or omissions of the SCHOOL, its officers, employees, agents, administrators, and Board of Education. The obligations pursuant to this paragraph shall survive the termination of this Agreement. Section 6.04 Notices. Any notices or demand required under this Agreement will be in writing; will be personally served or sent by certified mail, return receipt requested, postage prepaid, or by a recognized overnight carrier which provides proof of receipt; and will be sent to the addresses below. Either party may change the address to which notices are sent by sending written notice of such change of address to the other party. Croton-Harmon Union Free School District 10 Gerstein Street Croton-on-Hudson, NY 10520 Attention: Kaylen Ward PearlCare Search Group, LLC 1428 W. Belmont Ave, Suite 1 Chicago, IL 60687 ATTN: Evan Pollak Section 6.05 Headings. The headings of sections and subsections of this Agreement are for reference only and will not affect in any way the meaning or interpretation of this Agreement. Section 6.06 Integration of Contract. This Agreement constitutes the full integration and entire agreement between SCHOOL and PEARLCARE regarding the service covered under this Agreement. Any agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement may be executed in any number of counterparts, each of which will be deemed to be the original. Noamendments to this Agreement will be effective unless made in writing and signed by both parties. This Agreement will be governed by and construed in accordance with the laws of the state of New York. Section 6.07 Compliance with Laws. PEARLCARE agrees that all services provided pursuant to the Agreement shall be performed in compliance with all applicable federal, state, or local laws, rules and regulations, including the Joint Commission on Accreditation of Healthcare Organization (JCAHO). If any law or regulation is enacted, modified, or judicially interpreted so that any section of this Agreement would be found not to comply with such law or regulation, such section shall be deemed null and void and this Agreement shall be construed and continued in effect as if such section had never been contained herein. Section 6.08 Governing Law. This Agreement shall be governed by the laws of the State of New York. Any litigation between the parties shall be venued in an appropriate court located in Westchester County, New York. Section 6.09 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 SCHOOL, PEARLCARE, shail, at its own cost and expense, provide SCHOOL with all reasonable information and assistance in the defense or other disposition thereof. Likewise, 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 PEARLCARE, SCHOOL, shall, at its own cost and expense, provide PEARLCARE with all reasonable information and assistance in the defense or other disposition thereof. Section 6.10 No Waiver of Default. No failure by SCHOOL 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 SCHOOL 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. Likewise, no failure by PEARLCARE 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 PEARLCARE 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. ARTICLE 7. CONFIDENTIALITY OF PROTECTED HEALTH INFORMATION Section 7.01 HIPAA Compliance. In instances where PEARLCARE receives Protected Health information, herein referred to as “PHI” from school, PEARLCARE agrees that it shall: 1) Comply with the applicable provisions of the Administrative simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. 132d through d-8 (“HIPAA), and the requirements of any regulation promulgated there under. 2) Not use or further disclose any PHI concerning a patient other than as permitted by this Agreement, the requirement of HIPAA and/or applicable federa! regulations. PEARLCARE shall implement appropriate safeguards to prevent the use or disclosure of a patient’s PHI other than as provided for by this Agreement. 3) Promptly report to SCHOOL any violations, use and/or disclosure of a patient's PHI not provided for by this Agreement as soon as practicable, upon becoming aware of the improper violations(s), use and/or disclosure. ARTICLE 8. Joint Commission Policy Statement Section 8.01 PEARLCARE is committed to providing a higher standard of service and to the delivery of safe, quality patient care by its healthcare professionals. PEARLCARE complies with the Joint Commission’s Standards for Healthcare Staffing Services. As our customer, you can have confidence that the processes within PEARLCARE support that the supplemental Staff working in your organization have met the requirements established by the Joint Commission. To assure compliance with the Joint Commission Standards for Healthcare Staffing Services, PEARLCARE has established the following practices: 1) PEARLCARE will not engage subcontractors to provide Assigned Employees unless agreed to in advance by the customer. 2) As the provider of staffing services, PEARLCARE will be the employer of Assigned Employees and shall not by reason of their assignment to customer through PEARLCARE become employees of the customer. 3) Assigned Employees may only be placed in assignments that match the job description for which PEARLCARE assigns them; if an Assigned Employee is asked to float to another department with the customer, the department must be a like department or unit and the float employee must have demonstrated previous competency and have the appropriate certifications, credentials for that department/unit. Assigned Employees should only be floated to areas of comparable clinical diagnoses and acuities. 4) PEARLCARE shall verify the Assigned Employee’s licensure, certification, education and work experience to assure they are competent and possess the skills and experience appropriate for the assignment. 5) It shall be the responsibility of customer to orient assigned employees to the facility and its rules and regulations and to acquaint them with the facility policies and procedures, including dress code, physical layout and equipment and to validate competency and ability of Assigned Employee to properly use equipment. 6) It shall be the responsibility of the customer to cooperate in an evaluation of each Assigned Employee relative to such employee’s ability to perform specific job functions upon completion of employee’s assignment. 7) It shall be the responsibility of the customer to notify PEARLCARE within 24 hours of the event; any competency issues, incidents, and/or complaints related to the Assigned Employee and/or PEARLCARE. Customer agrees to initiate communication with PEARLCARE whenever an incident/injury report related to the Assigned Employee is completed. Upon notification, PEARLCARE shall document and track all unexpected incidents, including errors, sentinel events and other events, injuries and safety hazards related to the care and services provided. Section 8.02 The PEARLCARE office is located at 2 William Street, Suite 303 in White Plains, NY and open Monday through Friday from the hours of 9:00am-5:00pm. Our local telephone number is (914) 777-9800. Outside of normal business hours, in the event of an emergency please contact us at (914) -777-9800. Section 8.03 In the event of an emergency, natural disaster or other uncontrollable event, PEARLCARE will continue to provide service to you through our corporate network from a location where phones and computers are functional. PEARLCARE will do everything possible to support you in meeting your needs during crisis situation(s). A copy of our Emergency Management Plan is available upon request. Section 8.04 Our goal is to always provide you with a consistent level of service. If for any reason you are dissatisfied with our service or the service provided by one of our healthcare professionals, we encourage you to contact the PEARLCARE office to discuss the issue. PEARLCARE has processes in place to resolve customer complaints in an effective and efficient manner. If the resolution does not meet your expectation, we encourage you to call the PEARLCARE corporate office at (773) 270-8850. A corporate representative will work with you to resolve your concern. SCHOOL and PEARLCARE have acknowledged their understanding of and agreement to the mutual promises written above by executing this Agreement. CROTON-HARMON UNION FREE SCHOOL DISTRICT PEARLCARE SEARCH GROUP, LLC. Signature Signature Printed Name & Title Printed Name & Title Date Date