Common use of SERVICES AND RESPONSIBILITIES Clause in Contracts

SERVICES AND RESPONSIBILITIES. 1. During the term of this Agreement, the services to be provided by the SCHOOL shall include, but not be limited to the following: ● Instructional Services ● Special Education and Related Services as set forth in each student’s Individualized Education Plan (IEP). 2. The SCHOOL shall provide the services set forth in this Agreement to those student(s) referred by the DISTRICT in writing. 3. All services provided by the SCHOOL to students under this Agreement shall be in accordance with each student’s Individualized Education Program (IEP), as it may be modified from time to time. Prompt written notice shall be given by the DISTRICT to the SCHOOL upon any modification of a student’s IEP. 4. The SCHOOL shall perform all services under this Agreement in accordance with all applicable Federal, State and local laws, rules, and regulations, as well as established policy guidance from the New York State Education Department. 5. Services provided pursuant to this Agreement shall be provided without regard to race, creed, color, sex, sexual orientation, national origin, religion, age, disability, or sponsorship. 6. The SCHOOL shall comply with all applicable provisions of the Safe Schools Against Violence in Education (SAVE) Act, including, but not limited to background checks and fingerprinting of all staff directly providing services to students. All persons providing services to the DISTRICT pursuant to this Agreement must receive clearance for employment by the New York State Education Department prior to the provision of such services. 7. The SCHOOL represents that services under this Agreement shall be provided by qualified individuals of good character and in good professional standing. The SCHOOL represents that no individuals providing services under this Agreement are currently charged, nor in the past have been charged with any relevant criminal or professional misconduct or incompetence. 8. Upon the execution of this Agreement, the SCHOOL shall provide copies of required licenses/certifications of all professionals providing services to student(s) under this Agreement. In the event that the required license/certification of any agent or employee of the SCHOOL providing services under this Agreement is revoked, terminated, suspended, or otherwise impaired, the SCHOOL shall immediately notify the DISTRICT in accordance with the requirements for all notices pursuant to this Agreement set forth below. 9. The SCHOOL shall maintain its status as an approved special education provider. In the event that the SCHOOL fails to maintain such status, the SCHOOL shall immediately notify the DISTRICT. The DISTRICT shall not be required to pay the SCHOOL for services rendered during any period of time in which the SCHOOL fails to maintain its status as an approved special education provider, and the SCHOOL shall reimburse the DISTRICT for any payments already received for services rendered during said period of time. 10. The SCHOOL shall provide all services pursuant to this Agreement in a competent, professional and timely manner. 11. The SCHOOL will work cooperatively with the DISTRICT’s Committee on Special Education (CSE) and Committee on Pre-School Special Education (CPSE). The SCHOOL shall make relevant personnel available to participate in meetings of the DISTRICT’s Committee on Special Education (CSE), where appropriate, upon reasonable prior notice to the SCHOOL of such meetings. 12. The SCHOOL shall maintain records, logs and/or reports in accordance with all applicable laws, regulations, requirements of the New York State Education Department or Health Department. The DISTRICT shall have the right to examine any or all records or accounts maintained and/or created by the SCHOOL in connection with this Agreement, and upon request shall be entitled to copies of same. 13. Both parties to this Agreement understand that they may receive and/or come into contact with protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The parties hereby acknowledge their respective responsibilities pursuant to HIPAA and shall comply with said Regulations, if applicable. 14. Both parties, their employees, and/or agents agree that all information obtained in connection with the services performed pursuant to this Agreement is deemed confidential information. Both parties, their employees, and/or agents shall not use, publish, discuss, disclose or communicate the contents of such information, directly or indirectly with third parties, except as provided for in this Agreement. Both parties further agree that any information received by either party’s employees and/or agents in connection with this Agreement which concerns the personal, financial, or other affairs of the parties, their employees, agents, and/or students will be treated as confidential and will not be revealed to any other persons, firms, organizations, or third parties. In addition, both parties agree that information concerning any student covered by the terms of this Agreement shall not be released except as provided for by applicable law, rule, or regulation, including but not limited to the Family Educational Rights and Privacy Act (FERPA). 15. The DISTRICT shall obtain whatever releases, prescriptions, or other legal documents that are necessary for the SCHOOL to provide services pursuant to this Agreement. 16. The DISTRICT shall obtain releases or other legal documents necessary for the SCHOOL to render full reports concerning the education and progress of the student(s) to the DISTRICT at the same time that such reports are made to the parent(s) of student(s) covered by the terms of this Agreement. 17. Upon reasonable prior written notice, the SCHOOL shall be subject to visitation by the DISTRICT and/or its designated representatives during the normal business hours of the SCHOOL. 18. In the event that the parent or person in parental relation to a student(s) receiving services pursuant to this Agreement files a request for an impartial hearing or administrative complaint or initiates litigation in connection with such services, the SCHOOL shall promptly give written notice of same to the DISTRICT.

SERVICES AND RESPONSIBILITIES. 1. During 2.1 CITY agrees to purchase and CONTRACTOR agrees to provide goods and/or services to the term City for specified projects as may be identified by CITY from time to time in CITY’s sole discretion (the “Services”) all of which shall be the subject of this Agreement, the services . CITY makes no representation to CONTRACTOR of exclusivity nor of any minimum amount of work to be provided assigned to CONTRACTOR by the SCHOOL shall include, but not be limited to the following: ● Instructional Services ● Special Education and Related Services as set forth in each student’s Individualized Education Plan (IEP)CITY. 2. The SCHOOL 2.2 CONTRACTOR shall provide the services set forth Services as identified herein and in the CITY’s «Solicitation_Type_Abbreviation» and CONTRACTOR’s response thereto, collectively incorporated herein as Exhibit “A” and made a specific part hereof, according to the prices and terms contained therein. 2.3 The Parties acknowledge that this Agreement is a term contract and that CITY shall purchase and CONTRACTOR shall provide the Services on an as-needed basis upon written request of the CITY. Nothing contained herein or in any exhibit or amendment hereto, shall require the CITY to those student(s) referred by the DISTRICT procure any Services identified in writingExhibit “A”. 3. All services provided by 2.4 As needed, the SCHOOL CITY shall communicate with CONTRACTOR to students under this Agreement shall be in accordance with each studentdetermine CONTRACTOR’s Individualized Education Program (IEP), as it may be modified from time availability to time. Prompt written notice shall be given by the DISTRICT perform a particular assignment or project pursuant to the SCHOOL upon any modification terms and conditions of a student’s IEP. 4. The SCHOOL shall perform all services under this Agreement in accordance with all applicable Federal, State and local laws, rules, and regulations, as well as established policy guidance from the New York State Education Department. 5. Services provided pursuant to this Agreement shall be provided without regard to race, creed, color, sex, sexual orientation, national origin, religion, age, disability, or sponsorship. 6. The SCHOOL shall comply with all applicable provisions of the Safe Schools Against Violence in Education (SAVE) Act, including, but not limited to background checks and fingerprinting of all staff directly providing services to students. All persons providing services to the DISTRICT pursuant to this Agreement must receive clearance for employment by the New York State Education Department prior to the provision of such services. 7. The SCHOOL represents that services under this Agreement shall be provided by qualified individuals of good character and in good professional standing. The SCHOOL represents that no individuals providing services under this Agreement are currently charged, nor in the past have been charged with any relevant criminal or professional misconduct or incompetence. 8. Upon the execution of this Agreement, the SCHOOL shall provide copies of required licenses/certifications of all professionals providing services to student(s) under this Agreement. In the event CONTRACTOR agrees to provide such Services, CITY shall issue a written authorization to proceed. No work may be undertaken without a prior written authorization from the CITY. Any such Services performed by CONTRACTOR without such written authorization or Notice to Proceed, shall be at CONTRACTOR’s own risk and shall not incur any liability to CITY. 2.5 All specifications and plans prepared or to be used for the Services provided herein shall be certified and approved by CONTRACTOR and submitted to the CITY for approval prior to advertisement or implementation as applicable. 2.6 All Services provided by CONTRACTOR shall be provided in a professional manner and CONTRACTOR acknowledges that the required license/certification of any agent or employee of the SCHOOL providing services CITY is relying upon CONTRACTOR’s professional knowledge and expertise to perform under this Agreement is revoked, terminated, suspended, or otherwise impaired, the SCHOOL Agreement. Services performed by CONTRACTOR shall immediately notify the DISTRICT be in accordance with the requirements for all notices pursuant schedule provided by CITY, unless the parties agree in writing to this Agreement set forth belowmodify or change the schedule. CONTRACTOR’s failure to maintain the implementation schedule may warrant a full review by the CITY. 9. The SCHOOL shall maintain its status as an approved special education provider. 2.7 In the event that the SCHOOL fails to maintain such status, CONTRACTOR requires the SCHOOL shall immediately notify the DISTRICT. The DISTRICT shall not be required to pay the SCHOOL for services rendered during of any period of time in which the SCHOOL fails to maintain its status as an approved special education provider, and the SCHOOL shall reimburse the DISTRICT for any payments already received for services rendered during said period of time. 10. The SCHOOL shall provide all services pursuant to this Agreement in a competent, subconsultants /subcontractors or other professional and timely manner. 11. The SCHOOL will work cooperatively with the DISTRICT’s Committee on Special Education (CSE) and Committee on Pre-School Special Education (CPSE). The SCHOOL shall make relevant personnel available to participate in meetings of the DISTRICT’s Committee on Special Education (CSE), where appropriate, upon reasonable prior notice to the SCHOOL of such meetings. 12. The SCHOOL shall maintain records, logs and/or reports in accordance with all applicable laws, regulations, requirements of the New York State Education Department or Health Department. The DISTRICT shall have the right to examine any or all records or accounts maintained and/or created by the SCHOOL associates in connection with services covered by this Agreement, and upon request shall be entitled to copies the CONTRACTOR must secure the prior written approval of samethe CITY. 13. Both parties 2.8 Any subcontract with a subcontractor or subconsultant shall afford to this Agreement understand that they may receive and/or come into contact with protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The parties hereby acknowledge their respective responsibilities pursuant CONTRACTOR rights against the subcontractor or subconsultant which correspond to HIPAA and shall comply with said Regulations, if applicable. 14. Both parties, their employees, and/or agents agree that all information obtained in connection with those rights afforded to the services performed pursuant to this Agreement is deemed confidential information. Both parties, their employees, and/or agents shall not use, publish, discuss, disclose or communicate CITY against the contents of such information, directly or indirectly with third parties, except as provided for in this Agreement. Both parties further agree that any information received by either party’s employees and/or agents in connection with this Agreement which concerns the personal, financial, or other affairs of the parties, their employees, agents, and/or students will be treated as confidential and will not be revealed to any other persons, firms, organizations, or third parties. In addition, both parties agree that information concerning any student covered by the terms of this Agreement shall not be released except as provided for by applicable law, rule, or regulationCONSULTANT herein, including but not limited to the Family Educational Rights and Privacy Act (FERPA)those rights of termination as set forth herein. 15. The DISTRICT 2.9 No reimbursement shall obtain whatever releases, prescriptions, or other legal documents that are necessary for the SCHOOL to provide services pursuant to this Agreement. 16. The DISTRICT shall obtain releases or other legal documents necessary for the SCHOOL to render full reports concerning the education and progress of the student(s) to the DISTRICT at the same time that such reports are be made to the parent(s) of student(s) covered CONTRACTOR for any subconsultants that have not been previously approved by the terms of this Agreement. 17. Upon reasonable prior written notice, the SCHOOL shall be subject to visitation CITY for use by the DISTRICT and/or its designated representatives during the normal business hours of the SCHOOLCONTRACTOR. 18. In the event that the parent or person in parental relation to a student(s) receiving services pursuant to this Agreement files a request for an impartial hearing or administrative complaint or initiates litigation in connection with such services, the SCHOOL shall promptly give written notice of same to the DISTRICT.

SERVICES AND RESPONSIBILITIES. 1. During the term of this Agreement, the services to be provided by the SCHOOL shall include, but not be limited to the following: ● Instructional Services ● Special Education and Related Services as set forth in each student’s Individualized Education Plan (IEP). 2. The SCHOOL CONSULTANT shall provide the services set forth in this Agreement to those student(s) referred by the DISTRICT in writingthrough the Superintendent of Schools or his/her designee. Rensselaer County Department of Mental Health (RCDMH) will provide services to Xxxxxxx Park students who are exhibiting behavior which disrupts the learning environment during the hours of 10 AM - 4 PM on Tuesdays and 8AM - 2 PM on Thursdays during the school days of September 6, 2017 and June 22, 2018. 2. During the term of this Agreement, the services to be provided by the CONSULTANT to the DISTRICT shall be: crisis evaluation, support, and consultation for students not admitted to treatment services. These services will be provided on site at Algonquin Middle School of the Xxxxxxx Park Central School District. 3. All DISTRICT shall obtain whatever parental consents, releases, prescriptions or other legal documents that are necessary for the CONSULTANT to perform its services provided by the SCHOOL pursuant to students under this Agreement shall be in accordance with each student’s Individualized Education Program (IEP), as it may be modified from time to time. Prompt written notice shall be given by the DISTRICT to the SCHOOL upon any modification of a student’s IEPAgreement. 4. The SCHOOL CONSULTANT shall perform all services under this Agreement in accordance with all applicable Federal, State and local laws, rules, and regulations, as well as the established policy guidance from the New York State Education Department. 5. Services provided CONSULTANT shall provide all services pursuant to this Agreement shall be provided without regard to racein a competent, creed, color, sex, sexual orientation, national origin, religion, age, disability, or sponsorshipprofessional and timely manner. 6. The SCHOOL CONSULTANT shall observe all applicable Federal and New York State requirements relating to the confidentiality of records and information provided to the Consultant by the District, including but not limited to, student records. CONSULTANT shall provide services and maintain records, logs and reports consistent with these laws including, but not limited to, Family Educational Rights and Privacy Act, requirements of the New York State Education Department or Health Department and DISTRICT policies and procedures in force during the term of this Agreement. All students’ records, logs, etc., will be the property of the DISTRICT and will be considered mandated records. 7. The DISTRICT shall have the right to examine any or all records or accounts maintained by the CONSULTANT in connection with this Agreement. 8. CONSULTANT shall observe and comply with all applicable DISTRICT Policies and Regulations while on the grounds of the DISTRICT or providing services under this Agreement. Activities may include but are not limited to: attendance at Committee on Special Education meetings; classroom observations; participation in Student Support Team and Child Study Team meetings; staff consultation; home visits; and psycho-education of Mental Health diagnosis. 9. CONSULTANT shall comply with all applicable provisions of the Safe Schools Against Violence in Education (SAVE) Act, including, but not limited to background checks and fingerprinting of all staff directly providing services to students. All persons providing services to the DISTRICT pursuant to this Agreement must receive clearance for employment by the New York State Education Department prior to the provision of such services. 710. CONSULTANT shall attempt to provide substitute coverage in the event of the absence of the regularly scheduled service provider. The SCHOOL represents that services under this Agreement of the substitute provider shall be provided by qualified individuals of good character and in good professional standing. The SCHOOL represents that no individuals providing services under this Agreement are currently charged, nor in the past have been charged with any relevant criminal or professional misconduct or incompetence. 8. Upon the execution of this Agreement, the SCHOOL shall provide copies of required licenses/certifications of all professionals providing services to student(s) under this Agreement. In the event that the required license/certification of any agent or employee of the SCHOOL providing services under this Agreement is revoked, terminated, suspended, or otherwise impaired, the SCHOOL shall immediately notify the DISTRICT in accordance with the requirements for all notices pursuant to this Agreement set forth below. 9. The SCHOOL shall maintain its status as an approved special education provider. In the event that the SCHOOL fails to maintain such status, the SCHOOL shall immediately notify the DISTRICT. The DISTRICT shall not be required to pay the SCHOOL for services rendered during any period of time in which the SCHOOL fails to maintain its status as an approved special education provider, and the SCHOOL shall reimburse the DISTRICT for any payments already received for services rendered during said period of time. 10. The SCHOOL shall provide all services pursuant to this Agreement in a competent, professional and timely manner. 11. The SCHOOL will work cooperatively with the DISTRICT’s Committee on Special Education (CSE) and Committee on Pre-School Special Education (CPSE). The SCHOOL shall make relevant personnel available to participate in meetings of the DISTRICT’s Committee on Special Education (CSE), where appropriate, upon reasonable prior notice to the SCHOOL of such meetings. 12. The SCHOOL shall maintain records, logs and/or reports in accordance with all applicable laws, regulations, requirements of the New York State Education Department or Health Department. The DISTRICT shall have the right to examine any or all records or accounts maintained and/or created by the SCHOOL in connection with this Agreement, terms and upon request shall be entitled to copies of same. 13. Both parties to this Agreement understand that they may receive and/or come into contact with protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The parties hereby acknowledge their respective responsibilities pursuant to HIPAA and shall comply with said Regulations, if applicable. 14. Both parties, their employees, and/or agents agree that all information obtained in connection with the services performed pursuant to this Agreement is deemed confidential information. Both parties, their employees, and/or agents shall not use, publish, discuss, disclose or communicate the contents of such information, directly or indirectly with third parties, except as provided for in this Agreement. Both parties further agree that any information received by either party’s employees and/or agents in connection with this Agreement which concerns the personal, financial, or other affairs of the parties, their employees, agents, and/or students will be treated as confidential and will not be revealed to any other persons, firms, organizations, or third parties. In addition, both parties agree that information concerning any student covered by the terms of this Agreement shall not be released except as provided for by applicable law, rule, or regulation, including but not limited to the Family Educational Rights and Privacy Act (FERPA). 15. The DISTRICT shall obtain whatever releases, prescriptions, or other legal documents that are necessary for the SCHOOL to provide services pursuant to this Agreement. 16. The DISTRICT shall obtain releases or other legal documents necessary for the SCHOOL to render full reports concerning the education and progress of the student(s) to the DISTRICT at the same time that such reports are made to the parent(s) of student(s) covered by the terms conditions of this Agreement. 17. Upon reasonable prior written notice, the SCHOOL shall be subject to visitation by the DISTRICT and/or its designated representatives during the normal business hours of the SCHOOL. 1811. In the event that the parent or person in parental relation to a student(s) receiving services pursuant to this Agreement files a request for an impartial hearing or administrative complaint or initiates litigation in connection with such services, the SCHOOL CONSULTANT shall promptly give written notice of same to the DISTRICT.

SERVICES AND RESPONSIBILITIES. 1. During the term of this Agreement, the services to be provided by the SCHOOL shall RECEIVING DISTRICT will include, but not be limited to the following: ●  Secondary School Instructional Services ●  Special Education Education, Related and Related Services all other Services, Modifications, Accommodations, etc. as set forth in each student’s the Individualized Education Plan Plans (IEPIEPs) for each of the students listed on the attached Confidential Schedule A (“the Students”). 2. The SCHOOL shall During the term of this Agreement, RECEIVING DISTRICT will provide a special education program and/or services to the services set forth in Students. Confidential Schedule A is incorporated by reference herein and made a part of this Agreement to those student(s) referred by the DISTRICT in writingAgreement. 3. All services provided by the SCHOOL RECEIVING DISTRICT to students under this Agreement shall will be in accordance with each student’s Individualized Education Program (IEP), as it may be modified from time to time. Prompt written notice shall will be given by the SENDING DISTRICT to the SCHOOL RECEIVING DISTRICT upon any modification of a student’s IEP. 4. The SCHOOL shall RECEIVING DISTRICT will perform all services under pursuant to this Agreement in accordance with all applicable Federal, State State, and local laws, rules, and regulations, as well as established policy guidance from the New York State Education Department. RECEIVING DISTRICT agrees that all disciplinary measures for disabled students will be conducted in accordance with applicable federal, State and local laws, rules and regulations. 5. Services provided pursuant to this Agreement shall will be provided without regard to race, creed, color, sex, sexual orientation, national origin, religion, age, disability, or sponsorship. 6. The SCHOOL shall RECEIVING DISTRICT will comply with all applicable provisions of the Safe Schools Against Violence in Education (SAVE) Act, including, but not limited to background checks and fingerprinting of all staff directly providing services to students. All persons providing services to the SENDING DISTRICT pursuant to this Agreement must receive clearance for employment by the New York State Education Department prior to the provision of such services. 7. The SCHOOL RECEIVING DISTRICT represents that services under this Agreement shall will be provided by qualified individuals of good character and in good professional standing. The SCHOOL RECEIVING DISTRICT represents that no individuals providing services under this Agreement are currently charged, nor in the past have been charged with any relevant criminal or professional misconduct or incompetence. 8. Upon the execution of this Agreement, the SCHOOL shall RECEIVING DISTRICT will provide copies of required licenses/certifications of all professionals providing services to student(s) under this AgreementAgreement if requested by the SENDING DISTRICT . In the event that the required license/certification of any agent or employee of the SCHOOL RECEIVING DISTRICT providing services under this Agreement is revoked, terminated, suspended, or otherwise impaired, the SCHOOL shall RECEIVING DISTRICT will immediately notify the SENDING DISTRICT in accordance with the requirements for all notices pursuant to this Agreement set forth below. 9. The SCHOOL shall maintain its status as an approved special education provider. In RECEIVING DISTRICT will comply will all applicable policies of the event that the SCHOOL fails SENDING DISTRICT while providing services pursuant to maintain such status, the SCHOOL shall immediately notify the DISTRICT. The DISTRICT shall not be required to pay the SCHOOL for services rendered during any period of time in which the SCHOOL fails to maintain its status as an approved special education provider, and the SCHOOL shall reimburse the DISTRICT for any payments already received for services rendered during said period of timethis Agreement. 10. The SCHOOL shall RECEIVING DISTRICT will provide all services pursuant to this Agreement in a competent, professional and timely manner. 11. The SCHOOL RECEIVING DISTRICT will work cooperatively with the SENDING DISTRICT’s ’S Committee on Special Education (CSE) and Committee on Pre-School Special Education (CPSE). The SCHOOL shall RECEIVING DISTRICT will make relevant personnel available to participate in meetings of the SENDING DISTRICT’s Committee on Special Education (CSE), where appropriate, upon reasonable prior notice to the SCHOOL RECEIVING DISTRICT of such meetings. 12. The SCHOOL shall RECEIVING DISTRICT will maintain records, logs and/or reports in accordance with all applicable laws, regulations, requirements of the New York State Education Department or Health Department. The SENDING DISTRICT shall will have the right to examine any or all records or accounts maintained and/or created by the SCHOOL RECEIVING DISTRICT in connection with this Agreement, and upon request shall will be entitled to copies of same. 13. Both parties to this Agreement understand that they may receive and/or come into contact with protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The parties hereby acknowledge their respective responsibilities pursuant to HIPAA and shall will comply with said Regulations, if applicable. 14. Both parties, their employees, and/or agents agree that all information obtained in connection with the services performed pursuant to this Agreement is deemed confidential information. Both parties, their employees, and/or agents shall will not use, publish, discuss, disclose or communicate the contents of such information, directly or indirectly with third parties, except as provided for in this Agreement. Both parties further agree that any information received by either party’s employees and/or agents in connection with this Agreement which concerns the personal, financial, or other affairs of the parties, their employees, agents, and/or students will be treated as confidential and will not be revealed to any other persons, firms, organizations, or third parties. In addition, both parties agree that information concerning any student covered by the terms of this Agreement shall will not be released except as provided for by applicable law, rule, or regulation, including but not limited to the Family Educational Rights and Privacy Act (FERPA). 15. The SENDING DISTRICT shall will obtain whatever releases, prescriptions, or other legal documents that are necessary for the SCHOOL RECEIVING DISTRICT to provide services pursuant to this Agreement. 16. The SENDING DISTRICT shall will obtain releases or other legal documents necessary for the SCHOOL RECEIVING DISTRICT to render full reports concerning the education and progress of the student(s) to the SENDING DISTRICT at the same time that such reports are made to the parent(s) of student(s) covered by the terms of this Agreement. 17. Upon reasonable prior written notice, the SCHOOL shall RECEIVING DISTRICT will be subject to visitation by the SENDING DISTRICT and/or its designated representatives during the normal business hours of the SCHOOLRECEIVING DISTRICT. 18. In the event that the parent or person in parental relation to a student(s) receiving services pursuant to this Agreement files a request for an impartial hearing or administrative complaint or initiates litigation in connection with such services, the SCHOOL shall RECEIVING DISTRICT will promptly give written notice of same to the SENDING DISTRICT.