Get documents about "East Baton Rouge Parish Schools
Document Sample
East Baton Rouge Parish Schools
CONTRACTUAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into at (city and state)
this (date) of (month), 2009, by and between the School Board of
East Baton Rouge Parish or the (District), hereafter referred to as the “Board
or District,” and hereafter referred to as the “Provider.”
WITNESSETH:
WHEREAS, the Board requires certain professional services to assist in
accomplishing the Supplemental Educational Services instructional mandates
of No Child Left Behind, and
WHEREAS, the Provider is qualified as determined by the Louisiana State
Department of Education to perform these services for students,
NOW, THEREFORE, for the consideration hereinafter named, the parties
agree as follows:
1. Professional Services. The Provider will perform the professional
services described in the attached scope of work, specifications, and/or
proposal dated and attached hereto and made a part of this agreement
as Attachments A, B, and C.
2. Attachments A, B, C. The Provider shall perform these services
described on Attachments A, B, and C, according to the schedule
indicated therein.
3. Definition. The definition of Supplemental Educational Services
(SES) is defined by the United States Department of Education as
“tutoring or extra help provided to students in reading, language
arts/English, and math. This extra help can be provided before or after
school, on weekends, or in the summer.” The No Child Left Behind
Act states that these services must be of high quality, research-based,
and specifically designed to increase the academic achievement of
eligible children. (At no time should a provider receive payment for
snack time.)
1
4. Rate of Pay. The price and consideration for which this agreement is
made shall be calculated on an hourly basis at the rate of $
per class hour of supplemental educational services provided to
students. Students will meet days a week for weekly
hours with grand total paid hours per contract year of .
However, in no event shall the total amount of billing and payment for
services provided to any one student exceed a total of PPA Allotment
per child (or such other maximum amount per student as shall be
established within sixty days of the signing hereof by the Board in
accordance with rules and regulations promulgated by the Louisiana
State Department of Education), when combined with the amount
payment previously made to any qualified SES provider on account of
such student during the year July 1, 2009 through June 30, 2010. Any
revised maximum amount per student shall be promptly
communicated by the Board to Provider when determined.
5. Monthly Summary Record. Provider shall generate an accurate
monthly summary record of student attendance. All attendance on that
summary record will be supported by student sign-in sheets for each
day of attendance. The necessary forms will be provided by the
District. It is mandated that the provider’s monthly summary report
will consist of a monthly billing report generated from the District’s
state-approved SES Management System.
6. Board Representative. The Board’s representative for purposes of
this agreement shall be John Dilworth, Superintendent of Schools, or
her designee.
7. Provider Representative. The Provider’s representative for purposes
of this agreement shall be
, owner and/or President of Provider Company, or his/her
designee.
8. Relationship to Board. The Provider acknowledges that its
relationship to the Board is that of an independent contractor and that
no employer-employee relationship is created by virtue of this
agreement.
9. Responsibility for Payment. The Provider acknowledges and agrees
that the responsibility for payment of taxes, employees’
salaries/contracts, or other expenses of the Provider shall be said
Provider’s obligation.
2
10. The Provider shall not assign any interest in this agreement and shall
not transfer any interest by assignment or novation.
11. The Provider agrees to make available upon request, during normal
working hours to the Board, the Board’s auditors, the Louisiana
Department of Education, Louisiana Legislative Auditors, and/or the
Office of the Governor or Division of Administration auditors, records
and documents relating to the conduct of this agreement.
12. Provider Hold Harmless. The Provider shall indemnify, defend and
hold harmless the Board and its respective Board members,
employees, agents, officers and officials from and against liabilities,
losses, penalties, damages and, expenses, including costs and attorney
fees, arising out of all claims, liens, damages, obligations, actions,
suits, judgments or settlements, or causes of action, of every kind,
nature and character arising or alleged to arise out of the negligence,
acts or omissions of the Provider, its officials, agents and employees
and subcontractors in the performance of this agreement.
13. In any suit filed or claim or demand made, Provider shall at its own
cost and expense, appear, defend and pay all attorneys fees and other
costs and expenses, including those incurred by or on behalf of the
Board and shall pay all attorneys fees, costs and expenses the Board
incurs in enforcing any rights provided under this Agreement,
including but not limited to this Indemnification section and the
Insurance section. In addition, if any judgment shall be rendered
against the Board in any such action, the Provider shall at its own
expense, satisfy and discharge such obligation of the Board.
14. Liability Insurance. The Provider shall have $1 Million in liability
insurance and shall name the East Baton Rouge School System as an
additional insured.
15. Board Hold Harmless. To the extent allowed by the law, the Board
shall indemnify and hold harmless the Provider against any and all
claims, demands, suits, and judgments of sums of money to any party
for loss of life, injury, or damage to person or property resulting from,
or by reason of, any negligent act or omission, operation or work of
the Board, its agents or employees while engaged upon or in
connection with the services required or performed by the Board
hereunder.
3
16. Discrimination. The Provider agrees to abide by the requirements of
the following as applicable: Title VI and VII of the Civil Rights Act
of 1964, as amended by the Equal Opportunity Act of 1972, Federal
Executive Order 11246, the Federal Rehabilitation Act of 1973, as
amended, the Vietnam Era Veteran’s Readjustment Assistance Act of
1974, Title IX of the Education amendments of 1972, the Age Act of
1972, and the Americans with Disabilities Act of 1990.
17. The Provider agrees not to discriminate in its employment practices,
and will render services under this contract without regard to sexual
orientation, race, color, religion, gender, national origin, veteran
status, sexual orientation, political affiliation, or disabilities. Any act
of discrimination committed by Provider or failure to comply with
these statutory obligations when applicable shall be grounds for
termination of this contract.
18. No travel expenses will be reimbursed to the Provider.
19. This agreement may be amended or extended by mutual written
consent of the parties.
20. Cancellation of Agreement. The Board reserves the right to cancel
this agreement upon a thirty (30) day written notice should funds no
longer be available due to budget reductions imposed by the federal
government, if the Louisiana State Department of Education revokes
approval of the Supplemental Educational Services Provider, or if the
Board determines that the Provider is unable to meet the specified
goals and timetables.
21. The Board reserves the right to cancel this agreement upon a thirty
(30) day written notice if the determination is made by the Board that
the Provider disclosed to the public the identity of any student who is
eligible for, or receiving educational services without the written
permission of the parents/legal guardians of the student.
22. The Board may cancel this agreement due to non-performance of work
described in Attachments A, B and C, upon giving seven (7) days
written notice.
23. Any claim or controversy arising out of this contract shall be resolved
by the provisions of LSA-R.S. 39:1524 and 1526 and applicable
Louisiana Law.
4
24. Board/State Property. All records, reports, documents, and other
material delivered to or transmitted to the Board, its agent, or the
Louisiana State Department of Education by the Provider shall remain
the property of the Board/State.
25. This agreement shall be effective on the day and the date first above
written and apply to supplemental educational services provided by
Provider up to and including June 30, 2010, unless extended or
canceled as provided herein, and shall expire when the parties’
obligations to each other under the terms of this Agreement are fully
satisfied.
26. Marketing Materials. The Provider shall furnish program marketing
materials/flyers explaining its tutoring program in sufficient quantities
to the Office of Federal Programs for distribution to Parents and to the
school sites.
27. Qualified and Trained Personnel. Provider agrees to furnish
sufficient numbers of qualified and trained personnel to provide high-
quality tutoring services to all assigned Students.
28. Location of Services. Provider shall furnish its tutoring program to
assigned Students during non-school hours and the frequency of the
sessions shall be determined by mutual consent of the parties.
Provider will provide services
at (Be specific in naming each site). If for any reason the
location of services should change, provider shall give prior written
notice to the EBRPSS before serving students in a new location.
EBRPSS shall have the right to object to any location whose
environment is not conducive to learning. In addition, if provider no
longer serves at a location, provider shall notify EBRPSS
immediately.
29. Appropriation of Funds. Furthermore, the continuation of this
contract is contingent upon the appropriation of funds by the East
Baton Rouge Parish School Board. If the East Baton Rouge Parish
School Board fails to appropriate sufficient monies to provide for the
continuation of this contract, the contract shall terminate on the date of
the beginning of the first fiscal year for which funds are not
appropriated, with the sole liability of EBRPSS being the amounts due
and owing on the date of cancellation due to the non-appropriation of
funds.
5
30. Student Withdrawal. Provider shall immediately report, by telephone
or email, to the Office of Federal Programs when an EBRPSS student
is withdrawn by parent from services. Provider shall confirm such
telephone call in writing to the Office of Federal Programs.
31. Change of Enrollment. If the EBRPSS student’s change of
enrollment is to a home school outside of EBRPSS’ service
boundaries or an EBRPSS home school whose students are not
eligible for supplemental services under the NO Child Left Behind
Act, EBRPSS shall not be responsible for the costs of services
delivered after the EBRPSS student’s change of enrollment.
32. Monitoring. Provider shall allow EBRPSS to its facilities for periodic
monitoring of each EBRPSS student’s instructional program and shall
be invited to participate in the review of each student’s progress.
EBRPSS shall have access to observe each EBRPSS student at work,
observe the instructional setting, interview Provider, and review each
EBRPSS student’s records and progress. Such access shall include
unannounced monitoring visits. When making site visits, EBRPSS
shall initially report to Provider’s site administrative office. Providers
will be given up to 30 days to correct any non-compliance issues.
Safety issues will be corrected immediately. Providers are responsible
for notifying the District when the corrections have been made.
Failure to do such can result in termination of this agreement.
33. Annual Review. Provider shall participate in an annual review
process as deemed appropriate by EBRPSS. This review will address,
among other things, programmatic aspects of the Provider, compliance
with relevant state and federal regulations, assessments of EBRPSS
student achievement growth, and Contract compliance.
34. Provider Compliance. Provider shall comply with all procedures
concerning enrollment, contracting, attendance reporting, and billing
as specified by the Office of Federal Programs of the EBRPSS.
35. Student Attendance. Provider shall maintain copies of the original
attendance forms (i.e. sign-in sheets, monthly attendance rosters) and
provider’s signature shall appear on such forms. These forms shall be
available for review, inspection, or audit by EBRPSS during the term
and copies of such forms shall be on file for a period of five (5) years
thereafter. Provider shall verify the accuracy of minutes of reported
attendance that is the basis of services being billed for payment.
Provider must begin providing service to students between October 5,
6
2009 and October 12, 2009; however, there will be no SES
rendered on EBRPSS school facilities during the week of the
State’s High Stakes Testing Period.
36. Compensation. Provider shall receive compensation only for sessions
attended by EBRPSS students for supplemental educational services
actually provided to EBRPSS students. Provider shall not receive
compensation for EBRPSS students’ absences. Provider shall submit
invoices and related original sign-in sheets and documents to EBRPSS
for payment, for each calendar month when tutoring services are
provided. Late sign-in sheets and copies of sign-in sheets are not
accepted for payment of services. In order for a provider to be
compensated, his invoices and related documents shall be submitted
on a form and in the manner prescribed by EBRPSS in the Office of
Federal Programs. Invoices shall be submitted for each calendar
month, no later than 10 working days after services are rendered for
that month. Invoices received later than the 10 working days could
result in a loss or possible non-payment due to funds being expended
to providers whose invoice submissions are on time. EBRPSS shall
make payment to Provider based on the number of billable days of
attendance for the calendar month and hours (invoiced in increments
no less than .25 hours) of service at rates specified in this contract.
Payment shall be within forty-five (45) days after EBRPSS is in
receipt of invoices correctly prepared and submitted as specified by
the Office of Federal Programs. Provider shall correct deficiencies and
submit re-billing invoices no later than ten (10) days after notification
from EBRPSS. EBRPSS shall pay properly submitted re-billing
invoices no later than ninety (90) days after the date a completely
corrected re-billing invoice is received by EBRPSS. The invoice shall
not be paid until all pre-test information and Individual Learning Plans
(ILP) are submitted to the District. The final month’s invoice shall not
be paid until all post-test information is submitted to the District. All
monthly payments will be mailed to provider.
37. Student Clearance. Any and all new students enrolled by Provider
shall have been cleared by EBRPSS prior to services being provided.
38. No Supplemental Educational Services will commence until contract
has been signed.
39. Facility Rental. Provider agrees to provide monitoring for the health
and safety of all students under its jurisdiction until the student is in
the care of his/her parent or other authorized party. This monitoring
7
includes full time security should the District deem it necessary for
student safety and well-being. Provider will also comply with all
dismissal procedures for the students pursuant to the requirements of
EBRPSS. Student discipline is the responsibility of the provider when
using EBRPSS facilities.
During the term of this contract, the Board shall provide the following
services:
A. Custodian (cleaning of each room daily.)
B. Furnishing for each classroom if currently available at the school;
i.e. student desks, chairs, teacher’s desk and chair, and existing
built-in equipment. (Specifically excluded are all consumable
materials and supplies. Also specially excluded are instructional
equipment, athletic supplies and athletic equipment.)
C. Water, electricity, gas, and sewage as presently existing in the form
of utilities at each school.
D. Air-conditioning as is available at each school.
E. Free snacks may be available if such exists for other after school
programs.
8
IN WITNESS WHEREOF, the parties have executed this act in the presence
of the undersigned competent witnesses.
Witnesses:
Signature Date
Signature Date
District Provider
Board of EBRP School System
(Provider Company Name)
By: By:
(Signature) (Provider Signature)
(Print or type name) (Print or type Provider Signature)
Title: Board President__________ Title:
Date: Date:
9
ATTACHMENT A
SCHOOL BOARD OF
East Baton Rouge Parish
GENERAL CONTRACTOR INFORMATION
CONTRACTOR: (Name of company)
(Address)
(City) (State) (Zip)
(Phone Number)
(Taxpayer Identification Number)
If the contractor is a company, print the name and title of the person authorized to
sign contract:
NAME OF CONTRACTOR:
TITLE:
TIME PERIOD: Start Date: Completion Date: 06/30/2010
HOURLY PAYMENT AMOUNT: $
DISTRICT PER PUPIL ALLOTMENT: $
PAYMENT TERMS: By the 45th day of receipt of properly submitted invoice and
required documentation, as prescribed in the manner set forth by the Office of
Federal Programs of the East Baton Rouge Parish School System (EBRPSS).
Payment shall be completed on the calendar monthly billing cycle. The
hourly rate for services by this provider will be per class hour of
supplemental educational services provided, subject to the maximum as
set forth above.
Provider will be paid within forty-five (45) days after receipt of billing
for services provided. District will provide Provider with a written
explanation of any and all deductions/additions at the time of payment
in the form of an Exceptions Billing Report. Provider shall have ten
(10) days to raise any billing disputes and correct fixable exceptions.
Failure to comply can result in non-payment. Sign-in sheets submitted
to District cannot be changed once submitted. To be compensated a
Provider must include on sign-in sheets the student’s signature, correct
10
hours served down to a .25 increment hours, correct subject/s of
student’s tutoring, and the tutor or teacher’s signature to verify student
information on the sign-in sheet. District will notify Provider of all
fixable and non-fixable Exceptions. Exceptions may be taken from
providers when fixable exceptions are not corrected on the 11th day
after notification. District will request a new invoice within 10 days
from the notification to provider about the Exceptions. If the dispute is
not noted prior to the expiration of ten (10) days it shall be deemed
waived by provider. EBRPSS shall then request a new invoice from
provider that takes all exceptions from provider.
Providers who submit delinquent invoices risk non-payment due to the
expenditure of funds.
If a student is absent and no services are provided, the district shall
deny payment for that time. The EBRPSS Original Sign-in sheet will
document attendance.
SOURCE OF FUNDS: Title I___________________________________________________
SCHOOL/S RECEIVING SERVICES FROM THIS PROVIDER ARE:
District
Board Representative Signature
Title
East Baton Rouge Parish School System (EBRPSS)
Date
Provider
Taxpayer Identification Number:
I certify that the above taxpayer identification number is true and correct.
Signature of Provider
Title
Date
Print or type name
11
ATTACHMENT B
SCOPE OF SERVICES
(Attach a separate sheet if necessary.)
1. Statement of Work:
The Provider will meet with parents and district personnel to develop
statements of specific achievement goals for the student who will receive
services from the Provider through the Supplemental Educational Services
program.
The Provider will provide Supplemental Educational Services on a regular
basis for the duration of the contractual period.
The Provider will follow the Individual Learning Plan as developed with
parents and district personnel using the District ILP form on the web-based
management system. The Provider will measure student progress using the
pre- and post-test, which is consistent with state content standards and the
objectives set in the Individual Learning Plan documents.
An objective will not be considered “met” until at least an 80% mastery
rate is demonstrated by the student. All objectives for a goal must be met
for the goal to be met.
The Provider will provide services that are aligned with the student’s
Individualized Educational Plan (IEP) in the case of Special Population
students.
The Provider will provide services that will allow the timetable written in
the Individual Learning Plan to be met.
The Provider will provide Progress Reports to parents and teachers/schools
on a frequent basis, preferably after the 15th hour of his program and at the
end of the program. The parent’s copy of the report will be mailed or given
to the parent by (frequency) of the contract. The school’s copy can
be mailed or hand-delivered by the with the same frequency
applied. (In the event that the day of the month falls on a weekend
or holiday, the prior work day will be the report day.) In addition to a
company invoice, the original student sign-in sheets, and electronic Billing
report as documentation to the district representative so that Provider
contract payment can be made. If parents or teachers desire more frequent
12
reporting to them, the Provider may agree to provide additional reports as a
part of the Individual Learning Plan.
2. Key Personnel:
The Provider will employ individuals in keeping with the non-
discrimination clause of the contract.
The individuals who will serve the students for Supplemental Educational
Services must meet all of the criteria for the district’s volunteers in the
schools, including a criminal background check. The cost of the
background check will be the expense of the Provider or the individual, not
of the Board.
District requires that the following staff be employed by the Provider to be
on campus at all times during/after tutoring sessions to ensure student
success and safety:
Provider Program Administrator
One (1) Security Personnel for every 200 students served (or any
portion thereof).
3. Service Description Outline
In addition to any descriptions and requirements listed above, the
following describes an outline of intended service.
Initial Diagnostic Assessment focused on area of academic concern
Our assessment instrument for Pre and Post testing is
Administered in about hours/ per student
Followed by a parent conference to discuss the assessment results
and establish program goals and objectives for the student
hours of diagnostic/prescriptive instruction
Days and times for instruction:
Typically a student should attend hours per week, for a
total of hours for the program.
Parent conferences available after the and instructional
hours.
Discuss academic progress, attendance rate, and compare to
established goals and objectives set forth in the Individual Learning
Plan.
13
In addition to the required reports, each conference will conclude
with a written progress report
In addition to the required reports, with parental permission,
communication of results with the appropriate classroom teacher can
be attempted in person, mail, or through electronic means
Post Assessment
Measurable results as determined by re-administration of the initial
standardized assessment tools
A final conference to discuss progress and compare results with
established goals and objectives
Final written progress report to parents, school, and district
District
Board Representative Signature
Title
East Baton Rouge Parish School System (EBRPSS)
Date
Provider
Taxpayer Identification Number:
I certify that the above taxpayer identification number is true and correct.
Signature of Provider
Title
Date
Print or type name
14
ATTACHMENT C
MONITORING PLAN
(Attach a separate sheet if necessary.)
1. Goals and Objectives:
The goal of this program is the demonstration of increased student
achievement on the English/Language Arts and Math portions of the LEAP
21 Test , the Reading and Math portions of iLEAP, and the GEE. The
Provider will use strategies consistent with objectives as written in the
Individual Learning Plan and will use assessments to verify student
achievement.
The student progress reports, LEAP performance and student growth on
iLEAP, GEE, and the final summary report will be used to determine the
effectiveness of the Provider in increasing student achievement.
The Individual Learning Plan will be signed by the parent, the school
representative, and the Provider so that consultation is evident.
2. Delivery or Performance Schedule:
The Provider will determine with the school and the parent the time
requirement for meeting the goals within the budget of the district as
determined in the No Child Left Behind Act of 2001.
3. Plan for Performance Measurement:
The Provider will complete assessments to determine objective
completion. Reporting to parents and schools will include the results of
assessments with strengths and weaknesses being stressed.
4. Contract Monitoring Plan:
The district representative will provide monitoring duties as monthly and
final reports are submitted from the Provider. Other functions of the
program can be monitored by the school or the district representative.
15
District
Board Representative Signature
Title
East Baton Rouge Parish School System (EBRPSS)
Date
Provider
Taxpayer Identification Number:
I certify that the above taxpayer identification number is true and correct.
Signature of Provider
Title
Date
Print or type name
16
