Documents › Board of Education, 2026-09-17

agreement 4 pages Scanned/OCR — text may contain errors

This agreement document sets terms for IH Behavioral Consulting, LLC to provide behavior-analyst services during the 2026–2027 school year at $160 per hour. It describes service documentation, professional qualifications, confidentiality, insurance and termination requirements, with the term ending on the last day of June unless terminated earlier.

Also attached to this agenda item: Special Education Agreement for Services

CROTON-HARMON SCHOOL DISTRICT AGREEMENT FOR SERVICES BY AND BETWEEN The Soard of Education of the Croten-Harmon Schoo! District, with offices at 10 Gerstein Street, Croton-on-Hudson, New York, hereinafter referred to as the “District,” and IH Behavioral Consulting, LLC, hereinafter referred to as the “subcontractor”. WHEREAS, subcontractor is a provider of Behavior Analyst Services hereinafter referred to as “subject services” and, as such provides subject services to District students who need such services during the 2026-2027 school year, and subcontractor desires to be so engaged, on the following terms and conditions: 1. This Agreement supersedes all other agreements between the parties, either oral or in writing, with respect to the subject matter herein. Any understanding or promise not contained herein shall not be valid or binding, unless agreed to, in writing, by both parties. 2. Subcontractor agrees to provide subject services to such students as the District may request in compliance with New York State Education Plan, as prescribed by the District's Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) and pursuant to a physician's referral. Services under this Agreement may include, but are not limited to direct treatment, evaluations, assistive technology evaluations, screenings, consultations with all professionals involved in the student's educational program, group treatments, attendance at CSE/CPSE meetings and annual reviews, testifying at special education impartial hearings, as necessary and conducting teacher workshops, related to subject services. Upon request, subcontractor shall review applicable policies and procedures and perform quality review. All subject services shall be provided consistent with each student's Individualized Educational Plan (IEP), Special Accommodation Plan for Section 504 of the Rehabilitation Act, and Educationally Related Support Services (ERSS). These services shall consist of no less than one-half (1/2) hour and no more than twenty-four (24) hours per week. 3. Subcontractor shall maintain documentation in compliance with state and federal law and regulations and agrees to provide the District with written initial evaluations, annual re-evaluations, IEP goals, including long-term goals and short term objectives, and quarterly updates on IEP goal progress which might recommend a change in therapy treatment, logs and records kept by subcontractor for each student, noting the frequency and dates of treatment and the length of time of each treatment or evaluation session. This includes initial evaluation and re-evaluation, goals and objectives as well as quarterly updates for 504 services. Initial evaluations will also be conducted for Educationally Related Support Services (ERSS) including services for up to ten (10) weeks, immediately followed by review. All documentation should remain the property of the District. 1 4. The District shall provide subcontractor with all student records and information necessary for subcontractor to provide subject services to the students, which information shall not be disclosed to any third parly without the District's consent. 5. The District shall provide subcontractor with adequate space and equipment, as needed to carry out the services outlined above. | 6. The services under this Agreement shall be performed only by subcontractor licensed/certified to provide subject services under the laws and regulations of New York State. 7. The services provided pursuant to this Agreement shall be performed in accordance with the standard of skill, ethics and practice required of persons providing such services in the State of New York and subcontractor will, at all times, comply with all laws and regulations governing the provision of such services, including but not limited to, licensing, certification and educational requirements. 8. The District shail pay subcontractor for provided hereunder at the rate of $160.00 per hour. Subcontractor shail submit time sheets to the District for all services provided hereunder on a monthly basis, with the name, actual hours or parts of hours worked and any other information necessary to effect payment. The District shall verify that the services have been rendered and pay subcontractor within thirty (30) days of submittal of such bills. Subcontractor agrees that he/she will not, under any circumstances, bill the student for such services or otherwise seek reimbursement for such services. The above compensation is inclusive of all subcontractor's expenses, including, without limitation, for such things as travel, copying expenses, postage and telephone. 9. Subcontractor shall notify the District administration before 8:30 A.M. if the subcontractor will be absent. 10. Subcontractor shall furnish a certificate of professional liability insurance of at least $1,000,000.00 per incident, which shall provide coverage to subcontractor when rendering services to the District. The term of such insurance shall be concurrent with the term of this Agreement. 11. Subcontractor shall defend, indemnify and hold harmless the Croton-Harmon School District, its Officers, employees and agents, from any claims, liabilities, suits, proceedings and actions, of whatever name and nature, as the same may relate, in any manner, to the services provided by subcontractor to the District pursuant to this Agreement. Said indemnification, defense and hold harmless shall apply to any claim, liability, suit, proceeding or action 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 subcontractor may deem said claim, liability, suit, proceeding or action frivolous or without merit. It is intended that this provision be interpreted in the broadest manner possible 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 subcontractor to the District pursuant fo this Agreement (but not for the negligent acts or omissions of the District, its officers, employees and agents.) 2 12. This Agreement does not create an employee/employer relationship between the parties. Itis the parties’ intention that subcontractor will be an independent contractor and not the District's employee for any purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payment provisions, Federal Insurance Contribution Act (FICA), the Social Security Act, the Federal Unemployment Tax Act (FUTA), the provisions of the Intemal Revenue Code, the New York State Revenue and Taxation Laws, the New York State Workers’ Compensation Law, the New York State Unemployment Insurance Law and any other payments and contributions, including contributions to a retirement system or plan. 13. Subcontractor will retain sole and absolute discretion in the judgment of the manner and means of cartying out the services, activities and responsibilities hereunder. Subcontractor agrees to be a separate and independent enterprise from the District who has full opportunity to find other business and that a high level of skill will be necessary to perform the work. The District shall not be liable for any obligation incurred by subcontractor, if any, including but not limited to unpaid minimum wages and/or overtime premiums. 14. Subcontractor agrees that he/she will not discriminate with respect to the provision of subject services on the grounds of race, religion, creed, color, national origin, sex, disability or other non- merit factors, nor discriminate against any individual on such grounds. 15. This Agreement shall be effective commencing the date of this Agreement and shall terminate on the last day of June during the 2026-2027 school year, unless sooner terminated hereunder. 16. This Agreement may be terminated by mutual agreement of the parties, or upon thirty (30) days prior written notice by either party to the other party. Such notice shall be deemed given if sent to a party by certified mail, return receipt requested, to the address set forth above, or if personally delivered to such party. ; 17. This Agreement shall be construed in accordance with the laws of the State of New York. In the event that any provisions hereof are deemed unenforceable by a court of competent jurisdiction, the other provisions shall nevertheless remain in effect. 18. This Agreement contains the entire understanding between the parties with reference to the matters contained herein. No amendments to this Agreement shall be valid unless made in writing and signed by both parties. 19. The District's contact person shall be the Assistant Superintendent for Pupil Personnel Services and all correspondence, reports and inquiries regarding this Agreement shall be directed toward that person. 20. Subcontractor understands that in performing this Agreement he/she may have access to confidential information in the possession of the District or others, including, but not limited to names, facts or information about individuals, businesses and families. Subcontractor will also have access to confidential information including student records, personnel information and records, sensitive, confidential or internal District matters and other protected information. It is agreed that the definition of confidential information includes all documentary, electronic or oral information made known to subcontractor through any activity related to this Agreement. 3 Subcontractor agrees not to reveal any confidential information and understands that any such disclosure shall be considered a breach of this Agreement. Subcontractor agrees that if he/she receives a subpoena for divulgence of confidential information, he/she shall notify the District prior to divulging the same. This section shall survive termination of this Agreement. 21. Subcontractor acknowledges and agrees that he/she or subcontractor’s employees will be subject to fingerprinting and a criminal history record check as may be required by the Education Law of the State of New York. Subcontractor agrees to cooperate with the District and complete any and all necessary forms or procedures, all at no cost or expense to the District. 22. Subcontractor shall not assign this Agreement or subcontract any portion of the services set forth herein, without the prior written consent of the District, which consent may be withheld for any reason whatsoever or for no reason. 23. 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 District, thi$ subcontractor, shall at its own cost and expense, provide the District with all reasonable information and assistance in the defense or other disposition thereof. 24. No failure by the District to insist upon the strict performance of any term, covenant, agreement or provision of the Agreement or to exercise any right or remedy upon a breach thereof, and no acceptance by the 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 of provision. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement this day of , ; CROTON-HARMON SCHOOL DISTRICT By: Mr. Stephen Walker SUPERINTENDENT OF SCHOOLS SUBCONTRACT . By: Isabel Hickey (Print Name) 1