Document type | contract |
---|---|
Date | 2024-04-30 |
Source URL | https://go.boarddocs.com/wv/rand/Board.nsf/files/D5RJXE4F4CA2/$file/Contracted%20Services%20SpEd%20SY%2024-25.pdf |
Entity | randolph_county_schools (Randolph Co., WV) |
Entity URL | https://boe.rand.k12.wv.us/ |
Raw filename | Contracted%20Services%20SpEd%20SY%2024-25.pdf |
Stored filename | 2024-04-30-0835c2746567e86efbb15e0721c142f3-contract.txt |
Parent document: Regular Board Meeting - 5_30 p.m. - Amended-06-04-2024.pdf
RENEWAL OF MEMORANDUM OF UNDERSTANDING THIS RENEWAL TO MEMORANDUM OF UNDERSTANDING (“Renewal”), is made and entered into this 30 day of April, 2024 (“Effective Date”), by and between WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS on behalf of WEST VIRGINIA UNIVERSITY and itt SCHOOL OF MEDICINE, DEPARTMENT OF OPHTHALMOLOGY AND VISUAL SCIENCES (“WVU”) and the RANDOLPH COUNTY BOARD OF EDUCATION (“Affiliate”), (collectively the “Parties” and sometimes individually as a “Party”), WITNESSETH: WHEREAS, WVU and Affiliate entered the Memorandum of Understanding commencing on July 11, 2023 (“MOU”), and which has been renewed and is set to expire on June 30, 2024, WHEREAS, the Parties desire to renew the MOU for an additional term. WHEREAS, the parties desire to place their agreement in writing. NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual promises, covenants and undertakings herein, the parties agree as follows: 1. The MOU shall be and is hereby renewed for an additional one-year term from July 1, 2024 through June 30, 2025. 2. This Renewal may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument, and any party hereto may execute this Renewal and Amendment by signing any such counterpart. 3. Unless expressly amended or modified by written agreement, each and every term and provision of the MOU shall hereafter remain of full force and effect. The MOU, as amended ywo1on407.1} Page 1 of 2 and modified, constitutes the entire understanding of the Parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused their respective names to be signed by their duly authorized officers. WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS on behalf of WEST VIRGINIA UNIVERSITY and its SCHOOL OF MEDICINE, E. Gordon Gee, J.D., Ed-D., President, by Clay B. Marsh, M.D. Date Chancellor and Executive Dean of WVU Health Sciences RANDOLPH COUNTY BOARD OF EDUCATION Debra Schmidlen Date Superintendent 4W0100407.1} Page 2 of2 GREE MENT This Agreement made and entered into on this 1* day of July 2024, by and between the Randolph County Board of Education, 40 11" Street, Elkins, West Virginia, 26241 (hereinafter called “Board”), and __Mristen Thompson | __.. (hereinafter called “Service Provider’). WHERBAS, the Board desires to contract with Service Provider for services in conjunction with psychological evaluations and reports. WHEREAS, Service Provider desires to provide this contracted service to the Board on a part- time/temporary basis: NOW, therefore, based upon the mutual promises contained herein, it is hereby agreed that Service Provider will provide the following contracted services: i. Service Provider agrees to provide such services as are attached hereto and incorporated by reference as though set forth herein, in compliance with Titles 18 and 19 of the Social Security Act intermediary requirements. To provide psychological testing for clients, upon referral from the Board. To provide services at locations as agreed upon: To observe, record and report the client’s responses to treatment and changes in the client’s conditions: if indicated, to make recommendation for the provision of more extensive evaluation or treatment. To record evaluation and treatment sessions, as appropriate, on the progress notes for inclusion in the composite client record including Medicaid reports. This information will be kept current so that it will be available to other members of the health team per facility requirements. To provide evidence of current liability insurance and licensure, and workers compensation coverage. 8. The term of this agreement shall commence 7/1/24 and continue through and including 6/30/25 at which time the Service Provider shall perform the services provided herein. NOW, therefore, based upon the mutual promises contained herein, it is further agreed as follow: 9. The Board agrees to compensate the Service Provider for services in accordance with the established twice per month pay period process. Invoices are to be submitted to the Board no later than five (5) business days following the end of each billing period (which is designated as a twenty-day cycle). Uniess Service Provider by law or practice is required to bill the reimbursement source directly, the Board shall compensate the Service Provider for treatments and evaluations in accordance with the attached hereto. 10. The service provider, as an independent contractor, is responsible for providing for workers compensation coverage for themselves and any employee for the service provider. The Board is not providing workers compensation coverage under this agreement and has no responsibility for doing so. 11. Compensation for said services will be based on the following: * Standard Battery (Intelligence, Achievement, Visual-Motor) - $325.00 * Supplemental data {i.e., adaptive skills) to Standard Battery - $50.00/scale Dia se wh = e® © @® @ © @¢ S$ &¢ @ @ Preschool/Developmental Evaluation - $200.00 Consultation (i.¢., EC meetings) - $75.00/meeting Intelligence Evaluation only (WISC-1V) - $200.00 Inteligence Evaluation only (Binet-V) - $200.00 Achievement Evaluation only (WIAT-ID - $175.00 Achievement Evaluation only (Woodcock-Johnson-II} - $175.00 Supplemental Data only (i.e. Adaptive Skills) - 975 .00/scale ADOS Evaluation only — 200.04 ADOS and Rating Scales — 400.00 Administrative Fee - *During summer employment, in the event a scheduled client does not keep his/her appointment, Kristen Thompson, sss shall be compensated \% the regular rate for the evaluation that was to be undertaken (i.¢., if a standard battery ($325.00) was scheduled, then the compensation would be $81.25 (1/4 of $325.00) . The service provider, as an independent contractor is responsible to provide a criminal background check. . Beginning from the first facility visited each day, mileage compensation at a rate established by county policy and will be available for travel between school sites, ending at the last facility visited for the purpose of rendering psychological testing. . The Board agrees to provide the appropriate material needed for therapy and evaluations. . This Agreement supersedes all previous agreements, oral or written between the parties and embodies the complete agreement between the parties. Superin Randolph County Board of Education, President i a a ” "yey SG. ty Licensed Schoo! Psychologist AGREEMENT This Agreement made and entered into on this I“ day of July 2024, by and between the Randolph County Board of cee nia —_ Sieh, Elkins, West Virginia, 26241 (hereinafter called “Board”), and (hereinafter called “Service Provider”). WHEREAS, the Board desires to contract with Service Provider for services in conjunction with psychological evaluations and reports. WHEREAS, Service Provider desires to provide this contracted service to the Board on a part- time/temporary basis: NOW, therefore, based upon the mutual promises contained herein, it is hereby agreed that Service Provider will provide the following contracted services: 1, oe a eee 0 > 10. Service Provider agrees to provide such services as are attached hereto and incorporated by reference as though set forth herein, in compliance with Titles 18 and 19 of the Social Security Act mtermediary requirements. To provide psychological testing for clients, upon referral from the Board. To provide services al locations as agreed upon: To observe, record and report the client’s responses to treatment and changes in the client’s conditions: If indicated, to make recommendation for the provision of more extensive evaluation or treatment. To record evaluation and treatment sessions, as appropriate, on the progress notes for inclusion in the composite client record including Medicaid reports. This information will be kept current so that it will be available to other members of the health team per facility requirements. To provide evidence of current liability insurance and licensure, and workers compensation coverage. . The term of this agreement shall commence and continue through and including at which time the Service Provider shall perform the services provided herein. NOW, therefore, based upon the mutual promises contained herein, it is further agreed as follow: The Board agrees to compensate the Service Provider for services in accordance with the established twice per month pay period process. Invoices are to be submitted to the Board no later than five (5) business days following the end of each billing period (which is designated as a twenty-day cycle). Unless Service Provider by law or practice is required to bill the reimbursement source directly, the Board shall compensate the Service Provider for treatments and evaluations in accordance with the attached hereto. The service provider, as an independent contractor, is responsible for providing for workers compensation coverage for themselves and any employee for the service provider. The Board is not il. 12. 13. 14. 15. providing workers compensation coverage under this agreement and has no responsibility for doing so. Compensation for said services will be based on the following: e® @@ 6 © © @ @ @ & @ @ Standard Battery Untelligence, Achievement, Visual-Motor) - $325.00 Supplemental data (i.¢., adaptive skills) to Standard Battery — $50.00/scale Preschool/Developmental Evaluation - $200.00 Consultation (i.e., EC meetings) - $75.00/meeting Intelligence Evaluation only (WISC-IV) - $200.00 Intelligence Evaluation only (Binet-¥V) - $200.00 Achievement Evaluation only (WIAT-ID - $175.00 Achievement Evaluation only (Woodcock-Johnson-ID ~ $175.00 Supplemental Data only (i.e. Adaptive Skills) - $75.00/scale ADOS Evaluation only — 200.00 ADOS and Rating Scales ~— 400.00 Administrative Fee - “During parhuser Bt employment, in the event a scheduled client does not keep her appointment, f ess __. shall be compensated 'A the regular rate for the evalu n fhaty was to be undertaken (i.e., if a standard battery ($325.00) was scheduled, then the compensation would be $81.25 (1/4 of $3 25.00) The service provider, as an independent contractor is responsible to provide a criminal background check, Beginning from the first facility visited each day, mileage compensation at a rate established by county policy and will be available for travel between school sites, ending at the last facility visited for the purpose of rendering psychological testing. The Board agrees to provide the appropriate material needed for therapy and evaluations. This Agreement supersedes all previous agreements, oral or written between the parties and embodies the complete agreement between the parties. Superintendent’s Signature acignpaihemnan ieee Randolph County Board of Education, President Lieend schoot Psychologist & lial 3/deay ' Date A Stepping Stones Group Company This contract is made and entered into on this 15" day of May, 2024 by and between Randolph County Schools, 40 Eleventh Street, Elkins, WV 26241, and Best Life Therapy, LLC, PO Box 220, Bridgeport, WV 26330. WHEREAS, the board desires to contract for occupational therapy services, AND WHEREAS, Best Life Therapy, LLC, desires to provide assistance to the Board: 1. Best Life Therapy will perform occupational therapy evaluations and treatment at Randolph County Schools for the 2024-2025 school year. Caseload/location to be assigned/determined by the special education director for the course of this contract. Commencement of these activities may begin upon verification from the West Virginia Board of Examiners in Occupational Therapy of licensure of the above named agency. 2. The Board will pay for these services at a rate of seventy-seven dollars ($77.00) per hour. All evaluation protocols will be provided by the board. Services will be paid for from the federal and county funds upon submission of monthly time sheets. 3. The Board shall exercise no control over the performance of the evaluations or treatment except to assure that the services meet normal competency standards. It is the intent of all parties that this arrangement is one that is not employer-employee but is instead strictly and independent contract agreement. Prior to assuming their duties, Best Life Therapy, LLC is to furnish evidence to the Board of sufficient liability insurance covering any errors or omissions with a minimum of One Million and 00/100 dollars ($1,000,000.00) per occurrence coverage. 4. Best Life Therapy, LLC, will assume responsibility for requirements from the special education department including but not limited to: background checks and fingerprinting for Medicaid requirements. 5. Conversion to Teletherapy or Alternative Therapy Services. If any delay in the performance, fulfillment or satisfaction of this Agreement, or the provision of therapy services to students, individuals or children, is caused by acts of God, war, riot, embargoes, acts or omissions of civil or military authorities, compliance with any law or governmental order, rule, regulation or direction, fires, floods, accidents, quarantine restrictions, plague, virus, pandemic, outbreaks of infectious disease, any public health crisis, employee restrictions, strikes, shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of a party hereto, or other unforeseeable events or circumstances Best Life shall have the right, but not the obligation, to convert the in-person therapy services set forth in this Agreement to teletherapy services or alternative therapy services such as home intervention services, such services to be provided through either Best Life or an affiliated entity, at the same rates and upon the same general terms and conditions set forth in this Agreement. The parties shall utilize their best efforts to fulfill the provisions set forth above, and both parties shall participate in the conversion of the services to be provided hereunder. The Board shall execute and deliver all further documents and instruments, and provide such further assistance, that may be reasonably necessary or desirable, as requested by Best Life, to carry out the provisions of this Agreement or to effectuate the purposes or intent of this provision within the Agreement. Interruption to Agreement. The Board expressly acknowledges that it is a fundamental expectation of Contractor that this Agreement will provide Contractor with a steady supply of therapy services during the commonly accepted academic school year or the period of this Agreement. Accordingly, the Board shall endeavor to avoid and minimize any interruptions to this Agreement. The Board shall give notice to Contractor promptly upon the occurrence of any event which interrupts, or is reasonably likely to interrupt, this Agreement. As soon as practicable thereafter, the Board shall give a report to Contractor covering the following matters to the best of Board’s knowledge at the time of giving the report: (i) the nature of the interruption or threatened interruption; (ii) the circumstances and cause of the same; (iii) the likely duration of the interruption; and (iv) details of the efforts that have been made and are planned by the Board to avoid or minimize the interruption and the effects thereof on performance under this Agreement. Board and Contractor shall collectively work to mitigate interruptions to the Agreement. If any delay in the performance or satisfaction of this Agreement is caused by acts of God, war, riot, embargoes, acts or omissions of civil or military authorities, compliance with any law or governmental order, rule, regulation or direction, fires, floods, accidents, quarantine restrictions, plague, virus, pandemic, outbreaks of infectious disease, any public health crisis, employee restrictions, strikes, shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control ofa party hereto, or other unforeseeable events or circumstances, that cannot be cured as set forth in Clause 6 through Teletherapy or Alternative Therapy Services, this Agreement shall be suspended by the parties, upon the application of Contractor for such a contractual suspension, for a reasonable period of time so that services can promptly be resumed and provided to students, individuals or children who were being served prior to, or at the time of, such delay. During this period, the parties shall utilize their best efforts to determine a timeframe for resumption of the Agreement, and the new end date for the existing Agreement, as well as the method of resumption. Best Life Therapy will communicate directly with the Board’s Special Education Director or designated therapist. Best Life Therapy, LLC will complete a written log of all services provided to each child. Best Life Therapy, LLC will obtain appropriate consent, obtain appropriate documentation from parents and teachers, Medicaid billing, and provide an appropriate diagnostic report for each child evaluated. In addition, Best Life Therapy, LLC, will complete an appropriate Eligibility Committee Report and Individualized Education Program for each student they evaluate Page 2 of 4 that meets WVDE eligibility requirements for an applicable therapy. Medicaid billing forms will also be completed on a timeline designated by the special education director. 9, Best Life Therapy, LLC and all affiliates will be responsible for maintaining appropriate confidentiality of all student information. 10. This contract shall become effective for the 2024-2025 school year and shall be binding upon the heirs, devisees, personal representatives, successors and assigns of Board of Contractor for the school term 2024-2025, Witness signatures, the Randolph County Board of Education as signed by the duly authorized officials and Best Life Therapy, LLC. ae 5/15/24 Authorized Representative, Randolph County Schools Date Rhea Dyer, Owner Best Life Therapy, LLC Date Page 3 of 4 PRIDGEPORTIAWY 26330 his contracts: ered into on this 15" day of May, 2024 by and between Randolph Schools, 40 Elevenith Street, Elkins, WV 26241, and Best Life Therapy, LLC, PO Box 220, Bridgeport, WV 26330. WHEREAS, the board desires to contract for audiology services, AND WHEREAS, Best Life Therapy, LLC, desires to provide assistance to the Board: Ll, Best Life Therapy will provide services related to audiology needs at Randolph County Schools for the 2024-2025 school year. Caseload/location to be assigned/determined by the special education director for the course of this contract. The board will pay for these services when the mobile equipment unit is utilized at a rate of one hundred eighty-five ($185) per hour. The board will pay for these services when the audiologist provides services without the mobile unit at a rate of one hundred thirty five ($135) per hour. The Board shall exercise no control over the performance of the evaluations or treatment except to assure that the services meet normal competency standards. It is the intent of all parties that this arrangement is one that is not employer-employee but is instead strictly and independent contract agreement. Prior to assuming their duties, Best Life Therapy, LLC is to furnish evidence to the’ Board of sufficient liability insurance covering any etrors or omissions with a minimum of One Million and 00/100 dollars ($1,000,000.00) per occurrence coverage. Best Life Therapy, LLC, will assume responsibility for requirements from the special education department including but not limited to: background checks and fingerprinting for Medicaid requirements. , . Best Life Therapy will communicate directly with the Board’s Special Education Director or designated therapist. Best Life Therapy, LLC will complete a written log of all services provided to each child. Best Life Therapy, LLC will obtain appropriate consent, obtain appropriate documentation from parents and teachers, Medicaid billing, and provide an appropriate diagnostic report for each child evaluated. In addition, Best Life Therapy, LLC, will complete an appropriate Eligibility Committee Report and Individualized Education Program for each student they evaluate that meets WVDE eligibility requirements for an applicable therapy. Medicaid billing forms will also be completed on a timeline designated by the special education director. 6. Best Life Therapy, LLC and all affiliates will be responsible for maintaining appropriate confidentiality of all student information, 7. This contract shall become effective for the 2024-2025 school year and shall be binding upon the heirs, devisees, personal representatives, successors and assigns of Board of Contractor for the school term 2024-2025. Witness signatures, the Randolph County Board of Education as signed by the duly authorized officials and Best Life Therapy, LLC. 5/15/24 Authorized Representative, Randolph County Schoals Date Rhea Dyer, Owner Best Life Therapy, LLC Date Page 2 of 3 A Stepping Stones Group Company This contract is made and entered into on this 15th day of May, 2024 by and between Randolph County Schools, 40 Eleventh Street, Elkins, WV 26241, and Best Life Therapy, LLC, PO Box 220, Bridgeport, WV 26330. WHEREAS, the board desires to contract for various special education services, AND WHEREAS, Best Life Therapy, LLC, desires to provide assistance to the Board: 1. Best Life Therapy will perform a selected service from attachment at Randolph County Schools for the 2024-2025 school year. Caseload/location to be assigned/determined by the special education director for the course of this contract. Commencement of these activities may begin upon verification of licensure from the appropriate licensing entity/entities. 2. The Board will pay for these services at a rate outlined in attached fee schedule based on selected service per hour. All evaluation protocols will be provided by the board. Services will be paid for from the federal and county funds upon submission of monthly time sheets. 3. The Board shall exercise no control over the performance of the evaluations or treatment except to assure that the services meet normal competency standards. It is the intent of all parties that this arrangement is one that is not employer-employee but is instead strictly and independent contract agreement. Prior to assuming their duties, Best Life Therapy, LLC is to furnish evidence to the Board of sufficient liability insurance covering any errors or omissions with a minimum of One Million and 00/100 dollars ($1,000,000.00) per occurrence coverage. 4. Best Life Therapy, LLC, will assume responsibility for requirements from the special education department including but not limited to: background checks and fingerprinting for Medicaid requirements. 5. Conversion to Teletherapy or Alternative Therapy Services. If any delay in the performance, fulfillment or satisfaction of this Agreement, or the provision of therapy services to students, individuals or children, is caused by acts of God, war, riot, embargoes, acts or omissions of civil or military authorities, compliance with any law or governmental order, rule, regulation or direction, fires, floods, accidents, quarantine restrictions, plague, virus, pandemic, outbreaks of infectious disease, any public health crisis, employee restrictions, strikes, shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of a party hereto, or other unforeseeable events or circumstances Best Life shall have the right, but not the obligation, to convert the in-person therapy services set forth in this Agreement to teletherapy services or alternative therapy services such as home intervention services, such services to be provided through either Best Life or an affiliated entity, at the same rates and upon the same general terms and conditions set forth in this Agreement. The parties shall utilize their best efforts to fulfill the provisions set forth above, and both parties shall participate in the conversion of the services to be provided hereunder. The Board shall execute and deliver all further documents and instruments, and provide such further assistance, that may be reasonably necessary or desirable, as requested by Best Life, to carry out the provisions of this Agreement or to effectuate the purposes or intent of this provision within the Agreement. Interruption to Agreement. The Board expressly acknowledges that it is a fundamental expectation of Contractor that this Agreement will provide Contractor with a steady supply of therapy services during the commonly accepted academic school year or the period of this Agreement. Accordingly, the Board shall endeavor to avoid and minimize any interruptions to this Agreement. The Board shall give notice to Contractor promptly upon the occurrence of any event which interrupts, or is reasonably likely to interrupt, this Agreement. As soon as practicable thereafter, the Board shall give a report to Contractor covering the following matters to the best of Board’s knowledge at the time of giving the report: (i) the nature of the interruption or threatened interruption; (i1) the circumstances and cause of the same; (111) the likely duration of the interruption; and (iv) details of the efforts that have been made and are planned by the Board to avoid or minimize the interruption and the effects thereof on performance under this Agreement. Board and Contractor shall collectively work to mitigate interruptions to the Agreement. . [fany delay in the performance or satisfaction of this Agreement is caused by acts of God, war, riot, embargoes, acts or omissions of civil or military authorities, compliance with any law or governmental order, rule, regulation or direction, fires, floods, accidents, quarantine restrictions, plague, virus, pandemic, outbreaks of infectious disease, any public health crisis, employee restrictions, strikes, shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of a party hereto, or other unforeseeable events or circumstances, that cannot be cured as set forth in Clause 6 through Teletherapy or Alternative Therapy Services, this Agreement shall be suspended by the parties, upon the application of Contractor for such a contractual suspension, for a reasonable period of time so that services can promptly be resumed and provided to students, individuals or children who were being served prior to, or at the time of, such delay. During this period, the parties shall utilize their best efforts to determine a timeframe for resumption of the Agreement, and the new end date for the existing Agreement, as well as the method of resumption. Best Life Therapy will communicate directly with the Board’s Special Education Director or designated therapist. Best Life Therapy, LLC will complete a written log of all services provided to each child. Best Life Therapy, LLC will obtain appropriate consent, obtain appropriate documentation from parents and teachers, Medicaid billing, and provide an appropriate diagnostic report for each child evaluated. In addition, Best Life Therapy, LLC, will complete an appropriate Eligibility Committee Report and Individualized Education Program for each student they evaluate that meets WVDE eligibility requirements for an applicable therapy. Medicaid billing forms will also be completed on a timeline designated by the special education director. Best Life Therapy, LLC and all affiliates will be responsible for maintaining appropriate confidentiality of all student information. Page 2 of 4 7. This contract shall become effective for the 2024-2025 school year and shall be binding upon the heirs, devisees, personal representatives, successors and assigns of Board of Contractor for the school term 2024-2025. Witness signatures, the Randolph County Board of Education as signed by the duly authorized officials and Best Life Therapy, LLC. ae 5/15/24 Authorized Representative, Randolph County Schools Date Rhea Dyer, Owner Best Life Therapy, LLC Date 2024-2025 Randolph County Schools Fee Schedule per Service Page 3 of 4 Speech Pathology: $72.00 per hour Physical Therapy: $77.00 per hour DHH Services: $79 per hour Vision Services: $79.00 per hour Behavioral/Mental Health Services: $44.00 per hour Academic Services (Gifted/SPED/General Ed.}: $60.00 per hour **All other needed services will be assigned an hourly rate at the request of Randolph County Schools. Authorized Representative, Randolph County Schools Date Rhea Dyer, Owner Best Life Therapy, LLC Date Page 4 of 4 oA Mountainside ABA Randolph County School System BCBA $75 /hour $75 /hour NA $75/hour $75 /hour $50/hour - Assessments Direct ABA Therapy 1:1 with client Direct ABA Therapy with sroup of clients Direct supervision of staff Clinical meeting to review client progress Teacher training and coaching Other case management related activities (i.e. presence in IEP meetings Other classroom support (i.e. making materials, supporting multiple students, meeting with teacher *Notes: - Services may be billed simultaneously, such as Direct ABA Therapy and Direct supervision of staff. Locations where services can be provided Community (if Telehealth relevant to child} Home (if home- based) All charges will come directly from Mountainside Behavior Analysis Services. Contact information below: Mountainside Behavior Analysis Services, LLC Attn: Elizabeth Simons 25 Thistle Lane, Davis, WV 26260 liz@mountainsideaba.com Phone: 304-851-6643 Fax: 304-362-0025 PERFORMANCE AGREEMENT FOR CONSULTANTS THIS AGREEMENT made this 22 day of May 2024, in the County of Randolph, West Virginia, by and between the Randolph County Public School System (hereinafter “DISTRICT") and Mountainside Behavior Analysis Services, (hereinafter "CONSULTANT"). DISTRICT AND CONSULTANT hereby agree to the following: 1. TERM. The term of this Agreement shall be for the period July 1, 2024, through June 30, 2025 inclusive, 2. SERVICES. The CONSULTANT shall furnish the following services: assessments including but not limited to Functional Behavior Assessments, developmental assessments, and/or language assessments; treatment plan including but not limited to behavior reduction goals and skill acquisition goals; behavior intervention plan as applicable; direct Applied Behavior Analysis services provided by a staff from Mountainside Behavior Analysis Services; coaching of teacher by a staff from Mountainside Behavior Analysis Services; ongoing progress reports developed by Mountainside Behavior Analysis Services; teacher training events such as workshops. CONSULTANT shall be responsible for all cost/expenses incident to the performance of services rendered to the DISTRICT. DISTRICT shall nat be responsible for any expenses incurred by the CONSULTANT except as provided by the agreement: Conduct Applied Behavior Analysis consultation per student's IEP, coach others in Applied Behavior Analysis as agreed upon by DISTRICT and CONSULTANT. 3. LOCATION, The services listed in paragraph 2 shall be provided at the current schooling site of the assigned students. 4, DISTRICT'S OBLIGATIONS. The district will provide the location for services, and any equipment required for events (i.e. projector for presentation). 5. COMPENSATION. In consideration of the services to be rendered by CONSULTANT and subject to the payment provisions expressed herein, DISTRICT agrees to pay CONSULTANT up to $70 per hour upon submission of a properly documented demand for payment which shall be submitted not less than 30 days from the end of the month in which the services were rendered, and upon approval of such demand by the DISTRICT. 6. INDEMNITY. The CONSULTANT agrees and shall defend, indemnify, save and hold harmless the DISTRICT, its agents, officers and employees from any and all claims, costs and liability for any damages, from any cause whatsoever arising directly or indirectly from or connected with the operations or services of the CONSULTANT, its agents, officers, employees, or subcontractors hereunder, and any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the CONSULTANT in the performance of this agreement. 7. INSURANCE. The CONSULTANT will maintain general liability insurance, including automobile coverage, in an amount as may be reasonably necessary to assure compliance with the indemnification provision in paragraph 6. The requirements of this provision may be waived by the DISTRICT; however, any waiver shall not affect the CONSULTANT's liability to the DISTRICT under paragraph 6. The CONSULTANT shall provide workers’ compensation insurance or self-insure his/her services. The CONSULTANT agrees to provide proof of required insurance upon request by the DISTRICT. 8. STATUS OF CONSULTANT. This agreement is by and between two independent parties and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association. In executing this agreement, the CONSULTANT certifies that no one who has or who will have any financial interest under this agreement is an officer or employee of the DISTRICT. It is expressly understood that CONSULTANT is acting as an independent contractor and not as an officer, agent, or employee of the DISTRICT. 9. TERMINATION. This contract may be terminated at the sole discretion of the DISTRICT, upon five-day advance written notice thereof to the CONSULTANT. CONSULTANT shall be paid the reasonable value of the services rendered up to the date of such termination, as determined by the DISTRICT, and CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein. Contract may be cancelled immediately by written mutual consent by both the DISTRICT AND CONSULTANT. 10. COMPLETENESS OF AGREEMENT: This agreement constitutes the entire understanding of the parties and any change or modification shall be in writing and signed by both parties hereto. 11. GOVERNING LAW. The validity of this agreement and any of its terms or provisions as well as the rights and duties of the parties hereunder shall be governed by the laws of the State of West Virginia. 12. TAX REPORTING/PAYMENT RESPONSIBILITIES. DISTRICT shall provide an annual statement (IRS form 1099) of compensation paid if said amount for services is greater than $600, CONSULTANT is responsible for payment of any federal and/ or state tax amount due. 13. CRIMINAL RECORDS CHECK. CONSUL TANT shall not permit any employees to have any contact with DISTRICT pupils until such time as CONSULTANT has verified in writing to the DISTRICT that all employees have completed a federal and state background check and completed mandated reporter training. This section may be waived (site administrator initial to waive ___} if the DISTRICT determines that CONSULTANT and/or its employees will have limited contact with DISTRICT pupils or if CONSULTANT and/or its employees will be supervised at all times by DISTRICT employees. 14, ASSIGNMENT. This agreement is not assignable by the CONSULTANT in whole or in part without the express written consent of the DISTRICT. 15. Complete a W-9 Form. IN WITNESS WHEREOF, the parties hereto have caused this contract to be effective as of the day, month and year first written above. CONSULTANT DISTRICT Signature Signature Elizabeth Simons, MA, MEd, BCBA Printed name and credentials Printed name and credentials Randolph Mountainside Behavior Analysis County Public School System Services, LLC HEALTH CARE STAFFING AGREEMENT FOR ApHIOOL SERVICES “THIS AGREEMENT (this. “Agreement’) | is made and entered inte’ this 40t day of id betwéen Interim HealthCare of Pittsburgh, Inc. Dba Inter althCare of Morgantown (hereinafter "Service Pro ider”) and Randoiph County Schools": (hereinafter the “School District’): ee RECITALS © agencies for the provisior chool District is authorized to contract with ‘health care @ staffing f health care staffing services; and P WHEREAS, Service Provider ia -agen placing health care staff on a :. temporary basis with those entities in need of su C Berviges, and. . WHEREAS, the School District desires that Service Provider provide a full range of health care staffin services in such disciplines as needed by the School, District (the “Services”); and ees. . WHEREAS, Service Provider‘ is s capable’ f and willing to provide the ° Servis’ to the School District; NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties hereto mutually agree as follow : 4. This Agreement shail take effect c on July tst, 20204, andr remain.in effect through June. 30; 2025; unless terminated earlier in accordance with the terms set forth herein. 2. Service Provider viaerants that it is duly licensed and authorized to perform the services that are described herein and has never been excluded from Medicare, Medicaid or any health cake Benen program funded by the Federal government. 3. Service Provider warrants that it will provide the School District with licensed (if applicable) and qualified individuals to provide the:Services. Service Provider represents. that all individuals provided will possess documentation evidencing such ficense qualifications as required by Federal, State or local statutes, rules, regulations and orders. 4, Service Provider shall ensure that each individual providing Services to the School District has: (a) completed a Skills Checklist and Competency Exam; (b) has the appropriate nursing license, if applicable; and (c) has at least two (2) professional references that Have been checked by. Service Provider prior to providing any services to _ the Schoo! District. Service Provider further represents that the personnel that it sends to the School. District are covered by current malpractice insurance, have submitted a Each Interim Healthcare office is an independenily owned and operated franchise business, completed Employment Eligibility Verification (Form {-9), ind are etigiole | to work at the School District's schools. We i 6. Service Provider agrees to obtain and submit o the School District such health an concerning the personnel it provides to the School District as it requires, consistent with applicable law. 6.. Service Provider understands and agrees that it will comply and is responsib for complying with all-applicable Federal, State and local tes rules and ordinances. Service Provider shall adhere to alt requirements and pro [ere] i hed by and communicated to it thy the Schoo! District. - 7. Alb ervice Provider personnel providing services to the School District shall. be subject to approval by the School District. The School District reserves the right to rej the placement of any individual provided to. it by Service Reavider, consistent with applicable law. B. ‘Service Provider shall provide the School District with personnel ‘subject to the availability: I ropriate personnel, on an as needed and as requested: basis. 9. In consideration for the Services to be rendered by Service Provider to the “EE School District for the period of this Agreement, upon presentation of an invoice by Service:Provider evidencing such attendance in accordance with the terms set forth — below, the School District will pay Service Provider at the following rates: RN ‘$48.00 per hour _ LPN $45.00 per hour ‘The above: rates apply to all shifts. For each shift worked by one of its personnel, whather a traditional school nurse or private duty school nurse, Service Provider shall bill _the School District for each hour worked. Service Provider. will bill the Schaol District i in _fifteen (15) minute increments for partial hours worked. The School District will be notifi ed in writing of any rate changes. Service Provider will submit these rate’ changes with 30 (thirty), Says of notice prior to rate change taking effect. In the event that the same nurse works for the @ School District for more than forty _ (40) billable hours during any week, the School District shall pay.one and one half (14) ~ times the hourly rate of pay for each hour in excess of the. forty (40) billable hour work “week. Service Provider shall be available to provide health care staffing services to the School District: swenty=four (24} hours.a day, seven (7) days a week for the entire calendar year. Revised 7/20 Each Interim Healthcare office 13 an independently ovned and aperated franchise business. a2 if the School District hires any of the personnel provided-by Service Provider with 1 : School District by such personnel, the’ - School District shall pay Service Provider a Hiscenent fee j in accordance with the following schedule: . : Parcentage of anniiat selary upon the School District. The appropriate School: District designee must sign each time sheet/card. The School District shall maintain a copy o completed time sheets/cards for verification purposes. These time sheets/cards shall be use “by the Service Provider to assess invoice amounts. eae aE 11. Service Provider shall submit weekly invoices for services rendered at the - end of each week:fer. which Services have been provided. The School District shall pay each invoice within thirty: (30) days ofits receipt. The invoice shall include time sheets... and attendance, types of services rendered.and fees payable. The School District shall give Service Provider notice of any invoice dispute within: twenty (20) days of its receipt and may withhold payment pending the resolution. of such: dispute. Failure to timely dispute any invoice shall not be deemed as acceptance and. does not act as a waiver of the School District's rights or prevent the School'District from availing itself of any remedy - or course of action it has at law or in equity at a later date. The School District shail have _ the right to examine any.and all accounting records as they pertain to Services provided 7 by Service Provider. —s 12. The School District shall have the right to cancel any scheduled: shift before the shift is. scieduled to begin, provided the School District notifies Service Provider at least two: (2) hours prior to the scheduled shift. . 43. . The School District shall not incur-any charges for Health Care persorinel placed by Service Provider who fail-to fulfill a scheduled assignment for any reason seis whatsoever. Service Provider shall make. every effort to locate substitute personnelfor . the-School District upon request. : 14... Either party shall have the right to terminate this Agreement with or without cause upon thirty (30) days prior written notice. In event of termination, the School District shall pay ail accounts due immediately and Service Provider will provide no additional Services beyond the date of termination. Revised 7/20 "Bach interin Healtheare Office is an independently owned and operated franchise business. 3 -conducted by. the schod District for Service: Provi 17, Service Provider shalt make personnel available to the School District for 54 internal peer reviews, external audit systems, grievarice Be Previn and any ide: agrees to pare ees in-any case confererice or. continuing in-service education. = ars staff, at the Seno District's. All employees of Service Provider sha be deamed employees of Service rall purposes and Service Pravider alone shall be responsible for their work, duct, direction, and compensation. Service Provider acknowledges that H itself, its officers, its ernployees and/or its agents out as employees of the ~ School District. Service Provider is retained by the School District only for the purposes ~ and to the extent set forth in this Agreement, and its relationship to the School District. shall during the term hereof be that of an independent Service Provider. Neither Service © Provider nor its personnel assigned hereunder shall be considered as having empioyee. . _ .8tatus with the School District and shall not be entitled to participate in any of the School t's. worker's compensation, retirement, fringe benefits, unemployment i insurance, roy. insurance, ‘disability i insurance, or other similar employee benefit programs. . Service Provider and its employees shall not share or accept any. feo: or stetuty fr fort the School District for service provided pursuant to-this Agreement. 20. Service Provider shall identify: and hold harmless the School District and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Services under this Agreement, provided that any claim, damages, loss or expense is (i) attributable to bodily injury, sickness, disease or death, or to injury ~ to or destruction of tangible property, including the loss ‘of use resulting therefrom, and (ii} caused in whole or in part by any negligent act or omission of Service Provider, anyone directly or indirectly employed by Service Provider or anyone for whose acts Service Provider may be liable, but only to the extent such claims, damages, losses or expenses - are not caused in whole or in part by a party indemnified hereunder. This Section 20 tbe construed to negate, abridge, or otherwise reduce any other right or ol igation of indenanity that either party would otherwise have under applicable law.” 24. The ‘Service Provider agrees to maintain insurance in such limits as 5 set forth below. Revised 7/28 Each Interim Healikcare office isan independently owned and operated franchise dusiness. Fj 1. Commercial General Liability Insuran . occurrence/$3,000,000 aggregate; ~ oS . . Automobile Liability: $1,000,000 combined single. lirnit for owned, hired and borrowed and non-owned motor vehicles; Ill. Statutery. Workers’ Compensation; and a IV. Professional Liability Insurance: $1,000,000 per pédurrencel$4: 0 OC aggregate. 7 23. Sarvicas rovidéd pursuant to this. Agreement shall be provided withiot regard to race, creed, color, sex, age, disability, | ia 1 rientation, national-origin or Spe orship. ~ 24, All notices required or permitted shall be made j in 7 writing by hand delivery or by registered or'cartified mail, or by a recognized courier service. Notice Shall'be deemed given on the date of delivery. or upon Frecelpt. twatice shall be delivered or mailed tox. Service Provider: . Interim HealthCare of Pittsburgh, inc. ~<. Dba Interim HealthCare of Morgantown 1111 Van Voorhis Rd; Suite 2, Second Floor Morgantewn, WV 26505 . School District: Randolph County, Schools 40 Eleventh Street Elkins, WV 26241 25. Neither party shall assign, transfer, or convey any of its respective fights or obligations under this Agreement without: the prior wotien consent of the other party. 26. This Agreement shail be govemed by the laws of the State where the : School District is located. If any portion of this Agreement is found by a court of competent jurisdiction to: be invalid or unenforceable, the remainder of this Agreement shall Femain in full force and effect. re OE 27. “This Agreement constitutes the full and complete Agreement between ihe School District and Service Provider, and supersedes all prior written and oral agreements. This Agreement may not be altered, changed, added to, deleted from, or modified except through the mutual written. consent of the parties. Revised 7/20 .. . . Each Interim Healthcare office is an independently owned and operated franchise business. gO “ “28. © The undersigned representative of Servi ce ‘Provider hereby fipreseits and warrants that the undersigned is an officer, director; of agent of Service Provider with full legal rights; power, and authority to enter into this Ag nt on behalf a Service — ment has been. arrived at mutually and is not to be constitied saan any party hereto as being the drafter hereof or causing the same to be drafted. IN 1 WITH 3S: HEREOF, the parties have. executed this. ‘Agreement on the date first above written. : - Interim HealthCare ot Pittsburgh, ino. Loe Dba Interim HealthCare of Morgantown -. Randolph County Schools SIGNATURE: SIGNA TURE las Reiser (May 40,2024 25:07 EDT} PRINTED NAME: | Nicholas Reiser _ PRINTED NAME: TITLE: CQO | TITLE: DATE: __May 10, 2024 DATE: Billing and Invoicing addressed to: - Contact Printed Name: _ Title: Address: Phone: Fax: Revised 7/20 . Each Interim Healiicare office is an independently owned and operated franchise business, anc action of activity oF provides services of a type for COVERED ENTITY. that makes BUSINE! TE. “business associate” for PUpORes ‘of the HIPAA privacy regulations. " * Definitions. All terms and ee in this have’ ¢ same meanings as defined in 45 CFR intitin z Seneraliy of the foregoing. as used in this (a) “HIPAA privacy tegulations” shall mean the regulat i FR S60 ad $164, subparts A ‘and E, “HIPAA eecarity regulations” shall mean the regulations at 45C RE §160 an 164, subpart Cc. “HIPAA Br ach Notification Rule” shall mean the regulations at 45CFR g164, subpart D; “HIPAA Rules” shall mean the HIPAA. privacy regulations, the HIPAA security regulations, the HIPAA Breach Notification Rule, and the HIPAA enforcement rule at as CFR 0 ? shall nean: the Secretary of the United States Department of Health and Human 7 4 (f) (z) "Electronic protected health information” s all meant: ndividu ¥ — health information that is transmitted by or maintained in electronic media. It includes devices in computers and.any removable/transportable digital memory medium. Transmission media include the Internet, extranet or intranet, leased lines, dial-up lines, private networks, and physical. movement of : bigfrangportable media. Certain tratisrissions, including of paper, vid: facsim: pad of . (c) {d) BUSINESS ASSOCIATE’S Obligations. (a) “Management. and Administration. BUSINESS. ASSOC! ssful unauthorized access, use, disclosur ce with system operations in:an modification, or des information system. of:.or to nrovide services to, COVERED ENTITY for the following p purposes, iEsuch use of disclosure of protected health information would nat violate the HIPAA privacy regulations if ay tse and disclose protected health information for the proper management and admini: of BUSINESS ASSOCIATE ar to carry aut the legal responsibilities of BUSINESS ASSO IATE, provided: The disclosure i is required by law; or, . BUSINESS ASSOCIATE obtains reasonable assurances from the person to wi information ig dig¢losed that it will be held confidentially and’used or further disci only as required by law. ‘ose for which it was disclosed to the person and the person will immedi ify the BUSINESS ASSOCIATE of any instances of *: “which it is aware if a wick ‘the confidentiality’ of the: information has.been breached... ~ Date Aggregation Services. BUSINESS ASS may useand disclose protected health information to‘provide data aggregation services relating to the health care operations of COVERED ENTITY, Violations of Law. BUSINESS ASSOCIATE may use protected h ealth information to report violations of law to appropriate Federal.and State authorities, ¢ consis with 45 CFR §164,502(/)(1). "Representation and Acknowledgment. BUSINESS:ASSOCIATE represents that it has . complie and-will comply with the requirements of the HIPAA Rules applicable to it a Sifoguayds. BUSINESS ASSOCIATE shall use appropriate safeguards, and: comply, where. ~ applicable, with the HIPAA security regulations with respect.to electronic protected health information, to prevent use or disclosure of protected health: information other than as permitted or required by this Contract or ag required by law. 2 {d) (e) (f) (g} (h) i) 0 ) , Security 4 Electronic Protected Health Information. a BUS ESS ASSOCIATE shall ] ’. {nformatian: ee COVERED ENTITY in the performance ef such, hab () of protected health new ac not permitted by: including breaches of unsecured Str ‘hea ep as possible after BUSINESS ASSOCIATE dissbvers't! t more than twenty (20) days after the discovery. i ertissible use or BUSINESS K SOCIATE shall ensure that any subcoritractors, that create or : receivé protected health. inform half of BUSINESS ASSOCIATE, agree to the same restrictions and conditions that apply to BUSINESS ¢ ae with respect to:such viding Electronic Protected Health Information to Agents or Subcontractors. BUSINESS ASSOCIATE shall etisure.that any agent, including a subcontractor, to. whom‘it provides electronic. protected health information, agrees to implement reasotiable and: ap cupeTate wotecied health iiifomriaticn. Individual’s Access to Information. BUSINESS ASSOCIATE shall make available and permit _ access to protected health information about an i ual by that individual in aceordance with 45 CFR §164.524. : Aimendment of Protected Health iuifcrraation. BUSINESS / §SOCIATE shall make available to. COVERED ENTITY protected health information for amendme d.ingorporate any é +526. ’ shall make pein the in ation required to provide an accounting of disclosures i in: - accordance with 42 CFR. 8164. §28. Such information shall be given ta COVERED ENTITY by: BUSINESS ASSOCIATE within twenty (20) days after COVERED ENTITY notifies BUSINESS ASSOCIATE of COVERED ENTITY’s need-for the information. cs Comply with COVERED ENTITY’s Obligations. To the extent BUSINESS ASSOCIATE is to’ carryout COVERED ENTITY’s obligations ‘under, the HIPAA privacy regulations, BUSINESS ASSOCIATE shalt comply with the requiremen ¢ HIPAA privacy regulations that apply * to ations. Practices, Books and Records. BUSINESS ASSOCIATE shalf' make its.internal practices, books, and records relating to the use and disclosure of protected t ealth information received from, or created or received by BUSINESS ASSOCIATE on behalf of COVERED ENTITY, to the: Secretary for the purpose of determining COVERED ENTITY’s compliance with the HIPAA Mitigation. BUSINESS ASSOCIATE. shail mitigate, to the extent practicable, any. taints sffect that is known to BUSINESS ASSOCIATE or to COVERED ENT TY of ause or disclosure of protected health information i in violation of BUSINESS ASSOCI¢ ATE’s papier and Procedures, a) §164.520, to the extent that such limitation may y affect B SINESS AS' ; disclosure of protected health informatie COVERED ENTITY shall notif ; revocation of, permission: by an ini to the extent that such changes may a of protected health infomnation. or r disclosure of protected health information that COVERED ENTITY hi : sates to in accordancé with 45 CFR § 164.522, to the extent that such restriction may affect BUSINESS. ASSOCIATE’ suse or disclosure of of protected health information. (b) Permissible Requests by COVERED EN I COVERED ENTITY shall not request BUSINESS ASSOCIATE to use or disclose protected health information in any manner that would.not be penmnis: s ne under the HIPAA privacy -.,, Regulations if done by COVERED ENTITY. to COVERED ENTITY. In the event of iis discovery ofa breach: of unsecured seinecead : information disclosed or made available to-it by COVERED ENTITY, BUSINESS: ASSOCIATE shall provide notification of such breach to COVERED ENTITY as required by the HIPAA Breach:Notification Rule, Provided, however, notwithstanding anything in that Rule to the contrary or'in paragraph (16).of thig Contract, such notice shall be given to COVERED. _ ENTITY by BUSINESS ASSOCIATE as soon as possible after BUSINESS ASSOCIATES's discovery of the breach, ‘but i in ne case more a twenty (20) calendar days after its discovery 2 of the breach, me (b) Notice of Breach to Aivcied Individuals; Costs:.: Whether or not notification of the breach shall be given to affected individuals and, if so, the which the notification shall be given shall be determined by COVERED ENTITY, in its so e-discretion. If required by COVERED - ENTITY in its sole discretion, BUSINESS ASSOCIATE shall give any such notice(s) at such - times and in such manner as determined by COVERED ENTITY. In all. cases, BUSINESS ‘ASSOCIATE shall pay to COVERED ENTITY the costs incurred by COVERED ENTITY due to . the breach. Such:costs shall include, but are not limited to printing and | copying costs, postage, delivery charges, telephone charges-and employee wages. (s} Proof of Encryption. In the event of a breach of secured protected health ‘information, ; BUSINESS ASSOCIATE shall notify COVERED ENTITY of the breach as stated in subparagraph (6)(a), above, and, within twenty days (26) calendar days after giving such notice to {7} 8) Term @ COVERED ENTITY, provide proof Satisfactory t to COVERED ENTITY that such protecte health information was not unsecured protected health i hen all. of the protected health information provided by COVERED ENTIFY or receiv by BUSINESS ASSOCIATE on behalf of and shall tefminate'v to BUSINESS ASSOCIATE, or create accordance with the termination onovisions i this Para (b) fc) Termination for Cause, Upon COVERED ENTITY’s knowledge of amaterial breach of this Contract by. BUSINESS ASSOCIATE, COVERED: ENTITY shall either: ti nal & eeitient. This Contract may be sscihiuatna by: mutual written agreement of the parties. (1) Provide an:opportunity for BUSINESS ASSOCIATE to cure the breach or end the’: violation and terminate this Contract if BUSINESS: ASSOCIATE does not.cure. the: ‘breach or end the violation. within the time spe ‘COVERED ENTITY; (2) Immediately terminate this Contract if BUSINESS ASSOCIATE has breached a material : : term, of this Contract and cure is not possible. {d} Effect. of Termination. () Except as: provided in paragraph (2) below, upon termination of this Contract, for'any reason, BUSINESS ASSOCIATE ‘shall return or destroy all protected health information received from. COVERED ENTITY, or created ‘or recei ‘on behaif of COVERED ENTITY, that BUS S$ ASSOCIATE maintains in any foim. This provision also shall apply to protected health information that.is-in the possessiotrof subcontractors of BUSINESS ASSOCIATE. BUSINESS ASSOCIATE shall retain no - pple of the protected health information. - at that BUSINESS ASSOCIATE determines that tsttuining or destroying the Ith information t is not feasible, BUSINESS ASSOCIATE shall Provide to to protected = Buh information and limit farther-wses and disclosures.of such protected health information to those purposes that make the return or destruction not feasible, for so long as BUSINESS ASSOCIATE maintains such protected health information. Injunction. Notwithstanding any other rights or r remediés provided for in this Contract, ‘COVERED ENTITY retains all rights to injunctive relief to’prevent or stop the unauthorized use or disclosure of protected health information by BUSINESS. ASSOCIATE, or any agent, subcontractor or other third party that received protected health information from BUSINESS ASSOCIATE. indenanifi cation, BUSINESS ASSOCIATE shall indemail old COVERED ENTITY harmless from. and ‘against any and all loss, cost, damage, or expense, including reasonable attorneys’ fees, that arise out of: any breach by BUSINESS ASSOCIATE of this Contract; the HIPAA privacy regulations, the HIPAA security regulations, or.the HIPAA Breach Notification: Rule, or, the need for COVERED ENTITY to enforce any provision of this Contract. BUSINESS ASS regulations. ‘delivery will be obtained, and’ rr shal be, din a prior written notice to the If to COVERE ENTITY Randolph County Schools 40.Eleventh Street Elkins, WV 26241 Morgantown, WV 26505 a suet notice shall be deemed to be. given on 1 the date. it pnally to:a party if it is handed to the‘ ive of the party to whom the notice must be addressed or:if left at his‘or her office located at the 8s'to which a notice would be mailed. (12) Amendment. :Contract may not be changed, modified, or amended eNcee by a written agreement executéd on behalf of gach of the parties. 13) No Waiver. No waiver-of one or more of the provisions of this Contiact 6 or the failure t to enforce any provision of this Contractby either party shall be construed as a waiver of any ‘subsequent breach of this. Contract, nor a waiver of the Fight at: any time ¢ thereaftcr to require’strict compliande. witli all of its terms. (14) Entire Agreement. This Cottvact sats: forth the entire agreement and understanding between the parties as to the matters contained in it, and supersedes all prior discussions, agreements, and understandings of every kind and nature between them. Headings. The headings placed before the various pa raphs and subparagraphs of this Contract are inserted for ease of reference only, do not constitute a part ofthis Contract, and shall-not be uséd:in any way whatsoever in the construction or interpretation of this Contract. (16) Interprétation. Any ambiguity: in this Contract shall be resalved to permit COVERED ENTITY to | comply’ with the HIPAA Privacy Rule, 45 CFR § 164.500 et seq., the HIPAA Security Rule, 45‘CFR'§ © 164.302 et seq,.and the HIPAA Breach Notification Rule, 45 CFR Re AGO ef seg., as each may be amended from fie to time. & (17) .. Governing Law. This Contract shall be construed and enforced in accordance with, and governed by, the laws of the State of West Virginia. | IN WITNESS WHEREOF, the parties licreto have caused this Contract to be executed by their duly authorized representatives on the dates set fortit below. (interiin Healthcare of Morga niown) By: mene Ratner [May LO, 2024 15:07 EOT) . Title: COO. Date: ADDENDUM TO HEALTH CARE STAFFING AGREEMENT FOR SCHOOL SERVICES This Addendum modifies the Health Care Staffing Agreement for School Services entered of this same date. To the extent this Addendum conflicts with any provision of the Agreement, this Addendum shall control. l. Mandatory Reporting. Service Provider agrees that during the course of providing its services to the School District, it will abide by the mandatory reporting requirements of West Virginia Cade Section 49-2-801 through -814. The parties agree that Service Provider's employees qualify as mandatory reporters under those Code Sections, and as such, Service Provider agrees to ensure that its employees are familiar with and comply with those Code Sections. 2. Background Checks. Service Provider agrees that it has conducted or will conduct appropriate background checks of any employees who will provide services to the District's students. Service Provider agrees fo provide the results of any background check to the District upon the District's request. Service Provider agrees not to permit any employee who has been convicted of or pled guilty to a felony of Tense to provide services to the District's students. 3. Confidentiality and Educational Records. | The parties understand and agree that during the course of providing services to the School District's students, Service Provider's employees may be privy to educational records, as that term is defined by the Family Educational Rights and Privacy Act ("FERPA"). Service Provider agrees to instruct its employees, and the School District may enforce that any and all educational records are the property of the Schoo! District and are to be treated as strictly confidential, Without the prior wnitten consent of School District, Service Provider shall not directly or indirectly, during the term of this Agreement and after termination divulge to any person, or use for its own benefit, any confidential information or educational records viewed by its employees during the performance of their duties hereunder, it being the intent of the parties to restrict Service Provider from disseminating or using any educational records of School District's students. 4, Video Recording. Service Provider acknowledges that, pursuant to West Virginia Code Section 18-20-11, video cameras may be required in certain of the classrooms in which Service Provider's employees may be providing services to Schoo! District's students. These cameras are capable of capturing both video and audio of the classroom setting. Service Provider understands that no individual providing services in these classrooms may ‘opt out' of their image or voice being captured. Service Provider agrees to provide the following notice to any employee who will be providing services to School District's students in Schoo! District's buildings, prior to the first day on which such employee provides services under this Agreement: “Please be advised that pursuant to West Virginia Code Section 18- 20-1 1, for the purposes of ensuring the health, wellbeing, and safety of students receiving special education and related services, Randolph County Schools is required to provide video cameras in any self-contained classroom, which is a classroom in which a majority of the students in regular attendance are provided special education instruction. Where provided, these video cameras capture both video and audio in all areas of self-contained classrooms. As such, should you provide services to a Randofph County student in a self-contained classroom during the course of a school day, your image and voice may be recorded by these cameras. The principal at each school is the custodian of these recordings, and they will be maintained for at least three months (longer, if the schoo! is notified of an incident occurring within the self-contained classroom). These recordings are confidential and may only be viewed or accessed by certain individuals, as discussed in Code Section 18-20-11." 3. School Grounds. Service Provider will ensure that its employees, agents, representatives, subcontractors, consultants, or others under its direction comply with prohibitions in West Virginia law conceming the possession of drugs, alcohol, tobacco, or weapons on school grounds. 6. Policies. Service Provider and its employees and subcontractors shall, at all times, comply with all of School District's written Policies and/or Procedures applicable to independent contractors. The Policies and Procedures may be accessed at the School District's website: https://go. boarddocs.com/wvirand /Board.nsf/Public#tab-policies 7. Modification. Paragraph 12 of the Agreement is modified auch that the following language shall be added after the existing language of Paragraph 12: “For any scheduled shift that is canceled at least two hours before the scheduled start of the shift, the School District shall not be responsible for any of Service Provider's fees during such shift, including if Service Provider's employees provide services to a student in the student's home or at another location during the same day, pursuant to a separate agreement or arrangement between the student's parents and Service Provider." 8. Individual Agreements, | The parties anticipate that individual students’ needs may dictate that Service Provider's employees should participate in the creation of Individualized Education Programs (LEP) for such students or that Service Provider's employees may at least need to provide input conceming the student's health care needs for the creation of an LEP. As such, and with the agreement of the students’ parents, the parties agree that they will collaborate in individual cases and if necessary, put in writing any specific policies and procedures that should apply to the services to be provided to such students, on a case-by-case basis. To the extent Service Provider's employees are required to attend any IEP meetings, Service Provider shall be comperisated-using the same methods identified within the Agreement. Dated this 17" of May, 2024. Interim HeaithCare of Bridgeport (Randoiph County Board of Education). By fants gm (Hay 11,2006 toa ED leh a etl tr itg-COO