To: Board of Education From: Kevin Harrell, director, student intervention services, ext. 2221 Shelia Smith, assistant director, special education, ext. 2410 Re: Agreement for School Psychology Services Date: September 10, 2015 Background: School psychologists are necessary to meet IDEA requirements for students with disabilities as documented in a student s Individual Education Plan (IEP) as well as for students being considered for special education. The district was unable to fill one school psychologist vacancy for the 2015-2016 school year, and in order to meet IDEA requirements, it is necessary to enter into a contract with (PKS) to provide these services. Recommendation: Staff recommends board approval of a contract with PKS for the provision of school psychology services at a cost of $350 per day, not to exceed a cost of $30,000, for the 2015-2016 school year. Motion: I move the Board of Education enter into a contract with to provide school psychology services for Lawrence Public Schools, not to exceed a cost of $30,000, for the 2015-2016 school year.
AGREEMENT FOR SCHOOL PSYCHOLOGIST SERVICES THIS AGREEMENT, hereinafter referred to as the "Agreement," is entered into between Douglas County, Kansas ("District") and PKS Behavioral Solutions, LLC ("PKS"). WHEREAS, PKS represents that it is a qualified provider of school psychologist services to be provided hereunder; and WHEREAS, the District authorizes, from time to time, services to be provided by independent contractors; and WHEREAS, the District desires to engage the services of PKS to provide school psychologist services; and WHEREAS, the parties desire to put in place a set of general terms and conditions which shall apply to all services provided by PKS to District; NOW, THEREFORE, for full and fair consideration, the parties hereby agree as follows: 1. DISTRICT REQUEST FOR SERVICES: The District requests, and PKS agrees to provide during the term of this Agreement, school psychologist services. 2. SERVICES TO BE PROVIDED: PKS agrees to provide the following to District: A. School psychologist services, such as assessment, problem-solving, consultation, training and report writing; B. Consultation and training to staff on relevant topics such, but not limited to interventions and procedural safeguards; C. Attendance at meetings, such as Evaluation/Reevaluations, IEPs, and building team meetings; D. Leadership to the special education staff in providing quality services to students, in compliance with state and district expectations, to include leading the evaluation/reevaluation process for students in the referral process, in compliance with state regulations and district expectations including eligibility decisions; E. Consultation, using data-based decision making for students who exhibit learning challenges, which may or may not lead to identification for special education; and, F. Monthly invoices not later than the 5 th school day following the end of the preceding month in which services are delivered. 3. RATE FOR SERVICES: As compensation for services provided by PKS, the District shall pay PKS the sum of Three Hundred Thirty Dollars ($350.00) per day. 4. EXPENSES: PKS shall be responsible for all expenses necessary to perform the agreed upon services. 5. TERM OF AGREEMENT: This Agreement shall commence on August 24, 2015 and end on June 30, 2016 unless otherwise terminated earlier as provided in Section 6.
6. TERMINATION OF AGREEMENT: This Agreement may be terminated by either party with or without cause upon thirty (30) days written notice. If either party to this Agreement is in default or breach, upon written notice of the default or breach by the party not in default or breach, the party in default or breach shall have ten (10) days to correct such default or breach or the Agreement will be terminated on the earlier of the end of the ten (10) day period to cure or the thirty day period for termination. 7. NOTICE TO PARTIES: Written notice to either party shall be provided as follows: A. If to District: Kevin Harrell Lawrence Public Schools 110 McDonald Dr. Lawrence, KS 66044 B. If to PKS: Kevin Hays 134 Chapel Dr. Andover, KS 67002 8. INSURANCE: PKS shall, at its sole expense, obtain and maintain during the term of this Agreement the following insurance policies, endorsed to name the District as an additional insured: A. Commercial general liability insurance, written on an occurrence basis, which shall insure against all claims, loss, cost, damage, expense, or liability resulting from loss of life or damage or injury to a person or property arising out of PKS s performance under this Agreement. The minimum limits of liability for this coverage shall be $1,000,000 combined single limit for any one (I) occurrence. B. Automobile liability insurance with at least $1,000,000 coverage for combined single limit applicable to owned, non-owned, or hired vehicles used in the performance of any Work under this Agreement. C. Professional liability insurance with a minimum limit of liability for coverage of $1,000,000 per occurrence. 9. OTHER AGREEMENTS: No other understandings, oral or written, are deemed to exist or to bind any of the parties hereto. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by an authorized representative of the District and an authorized representative of PKS. 10. INDEPENDENT CONTRACTOR STATUS: It is understood and agreed by 2
the parties that PKS is an independent contractor with respect to District, and employees of PKS are not employees of District. No party shall hold itself out as the partner or agent of the other party or make representations or warranties on behalf of the other party, except as otherwise expressly agreed. District will not provide PKS s employees worker s compensation insurance, fringe benefits, including health insurance benefits, paid vacation, paid sick leave or any other employee benefit provided to District employees. 11. INDEMNIFICATION: PKS shall indemnify and hold harmless District and its directors, officers, employees, and agents from and against any and all liability, loss, damages, claims, costs, and expenses, including attorney fees, that may arise out of and/or be incurred in connection with any act or omission caused by PKS, or any employee or agent of PKS, in the performance of a duty or duties assumed or deemed to be assumed by PKS or a PKS employee, or the omission of an act or responsibility assumed or deemed to be assumed by PKS or PKS employee pursuant to this Agreement. 12. GOVERNING LAW: This Agreement is subject to provisions of the Code of Federal Regulations, amendments thereto, and relevant state and local laws, ordinances and regulations. The Agreement shall be governed in all respects by the laws of the State of Kansas. PKS represents and warrants that it holds all necessary licenses required by local, state and federal laws and regulations to provide school psychologist services and that it will furnish satisfactory proof of such licensure to the District upon the District's request. PKS covenants that it will maintain its required licensed status with the appropriate governmental authorities and will immediately notify District in the event such licensing is suspended, conditioned, withdrawn, or revoked. PKS agrees that such suspension, conditioned, revocation or withdrawal shall constitute grounds for the immediate termination of this Agreement by the District. 13. CONFIDENTIALITY: Any information obtained by PKS concerning District students pursuant to this Agreement shall be treated as confidential. Use and/or disclosure of such information by PKS shall be limited to the purposes directly connected with P K S 's responsibility for services under this Agreement. Both parties agree that this information shall be safeguarded in accordance with the provisions of Kansas and federal law and PKS agrees to fully comply with the Healthcare Insurance Portability and Accountability Act (HIPAA) and the Family Education Rights and Privacy Act (FERPA). PKS agrees to indemnify, defend, and hold the District harmless from and against any and all claims, expenses, and liabilities arising from or related to PKS s non-compliance with HIPAA, FERPA or any breach of confidentiality. 14. RECORDS MAINTENANCE: PKS shall maintain an accounting system and supporting records adequate to assure that claims for funds are in accordance with applicable state and federal requirements. Supporting records shall reflect all direct and indirect costs of any nature expended in the performance of this Agreement and all income from any source. 3
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by duly authorized officials. UNIFIED SCHOOL DISTRICT NO. 497 DOUGLAS COUNTY, STATE OF KANSAS Name: Vanessa Sanburn Title: President, Lawrence Public Schools Board of Education Name: Rick Doll Title: Superintendent of Schools Name: Kevin Harrell Title: Director of Student Intervention Services PKS BEHAVIORAL SOLUTIONS, LLC By: Name: Kevin Hays Title: Principal 4