Acting Assistant Superintendent of Special Programs

DATE: ______

FROM: Cheryl C. Carpenter

RE: Occupational Therapy Contracts – 2012-2013

After review of Jenny Peytavin Occupational Therapy contract by Brad Gegenheimer, Attorney from the office of Grant & Barrow, the contract is approved.

______

Brad Gegenheimer, Attorney

Grant & Barrow

______

Date
INSTRUCTION DEPARTMENT CONTRACT ______FY2013

AGREEMENT BY AND BETWEEN UNITED STATES OF AMERICA

JEFFERSON PARISH SCHOOL BOARD STATE OF LOUISIANA

and PARISH OF JEFFERSON

JENNY PEYTAVIN

THIS AGREEMENT is made this 2nd day of July, 2012, by and between the Jefferson Parish School Board (hereinafter "School Board"), a duly organized public body, and Jenny Peytavin, Occupational Therapist (hereinafter "Contractor").

I. TERM OF AGREEMENT

1.1 Term of Agreement. The parties hereto hereby enter into this Agreement for a term commencing on the 6th day of August, and ending on 25th the day of May, 2013 . In no case shall this Agreement continue beyond the specified termination date.

1.2 Reservation of Rights. At the end of the term of this Agreement, each party reserves the right to:

1.2.1 negotiate further renewal of this Agreement;

1.2.2 terminate this Agreement.

1.3 Termination of Agreement. This Agreement may be terminated at any time by either party giving not less than thirty (30) days written notice to the other party specifying the date of termination, except as specified otherwise, for any of the following causes:

1.3.1 If either party shall at any time commit any breach of any covenant, warrant

or agreement herein contained, and shall fail to remedy any such breach within five

(5) days after receipt of written notice thereof, the defaulted party may, at its option,

and in addition to any other remedies that it may be entitled to, cancel and terminate

this Agreement by notice in writing to such effect.

1.3.2 Where, under the terms of subparagraph 1.3.1, the School Board finds Contractor's progress and/or completion of services unsatisfactory and that payment

should be withheld, written notice by certified mail of the alleged deficiencies shall be given to Contractor by the School Board. Such written notice shall include a statement of the alleged deficiencies and the steps which, in the School Board's opinion are necessary to remediate those deficiencies. Contractor shall have a period of not more than five (5) calendar days from receipt of such notice to correct said deficiencies.

1.3.3 Provided, however, this Agreement shall automatically terminate upon the continuing inattention to or neglect of duties to be performed by either party, their respective agents or employees.

1.3.4 In the event that the Jefferson Parish School Board is unable, after reasonable

effort to appropriate funding sufficient to fulfill the requirements of this contract, or if

such appropriation cannot be effected in whole or in part, this contract shall terminate

within five (5) days after receipt of written notice to that effect from the School

Board. In such an event, contractor shall receive no further payments within the term

of this agreement for services actually rendered up to the effective date of the

aforementioned notice of termination.

II. PURPOSE OF AGREEMENT

2.1 The Jefferson Parish School Board, under the provisions of 20 U.S.C. 1401 et seq., is required to provide special education and related services for the benefit of eligible disabled children and youth within the jurisdiction of the School Board, in order to provide a free appropriate public education for such children and youth. For this reason, the Jefferson Parish School Board desires to enter this Agreement with Contractor to secure occupational therapy services to which some or all of the disabled children and youth within the jurisdiction of the School Board may be entitled pursuant to federal and state laws governing the education of disabled children.

III. DEFINITIONS

3.1 CONSULTATIVE SERVICES means the provision of occupational therapy at the service level in which a qualified occupational therapist has contact with the student and teacher or the student and parent approximately one to two times per month, trains teachers, aides and/or parents in techniques, activities and/or adapted equipment, and evaluates, updates and reinforces the evaluations, updates and reinforces the students' status and programs.

3.2 DIRECT SERVICES means Group Direct Therapy Intervention or Individual Direct Therapy Intervention by a qualified occupational therapist.

3.3 GROUP DIRECT THERAPY INTERVENTION means the provision of occupational therapy at the service level in which a qualified occupational therapist has contact with the student one to two times per week in a group setting and which is used in conjunction with consultation with teachers and parents.

3.4 INDIVIDUAL DIRECT THERAPY INTERVENTION means the provision of occupational therapy at the service level in which a qualified occupational therapist has contact with the student one to two times per week on an individual basis in either the classroom or a therapy area, and which is used in conjunction with consultation with teachers and parents.

3.5 OCCUPATIONAL THERAPY includes the following services:

1. evaluating students with disabilities by performing and interpreting tests and

measurements and/or clinical observations of neurophysiological, musculoskeletal, sensorimotor functions and daily living skills;

2. planning and implementing treatment strategies for students based on

evaluation findings;

3. improving, developing, restoring or maintaining functions impaired or lost

through illness, injury or deprivation;

4. improving or maintaining ability to perform tasks for independent functioning

when functions are impaired or lost; and

5. administering and supervising therapeutic management of students with disabilities, recommending equipment and providing training to parents and

educational personnel.

3.6 QUALIFIED OCCUPATIONAL THERAPIST means an individual who is a graduate of a program of occupational therapy approved by both the Council on Medical Education of the American Medical Association and the American Occupational Therapy Association or its equivalent, and who is licensed by the state of Louisiana. This individual must possess knowledge of Louisiana Department of Education Bulletin 1508, Pupil Appraisal Handbook relating to the criteria and procedures for evaluation of students identified as or suspected of being exceptional; Louisiana Department of Education 1706, Regulations for Implementation of the Exceptional Children's Act (R.S. 17:1941, et seq.); and Jefferson Parish Public School System protocols for therapy services.

3.7 TRACKING SERVICES means the provision of therapy at the service level in which a qualified occupational therapist has contact with the student and teacher or the student and parent one to two times per semester.

IV. DESCRIPTION OF SERVICES TO BE PROVIDED

CONTRACTOR'S RESPONSIBILITIES

4.1 Contractor shall employ and assign qualified occupational therapists to provide evaluation and occupational therapy services to students.

4.l.l Contractor may not provide substitute therapist when the Contractor will

be absent due to sickness or extraordinary circumstances.

4.2 The Contractor specified in 4.1 and 4.1.1 above, shall be assigned to perform duties within the Jefferson Parish Public School System 18 hours per week and not to exceed 72 hours a month respectively, said hours to be set in accordance with a schedule established by the Jefferson Parish Public School System in consultation with Contractor.

4.2.1 Provided further, that said therapists shall provide direct, consultative or

tracking services to designated students in the Jefferson Parish Public School System

in accordance with each respective student's Individual Education Plan and

physician's prescriptions.

4.2.2 Therapists' schedules shall include one thirty (30) minute period per day for teacher consultation and record keeping.

4.2.3 The therapist shall complete and submit appropriate Jefferson Parish Public School System and other required forms concerning student information, including

but not limited to sign in sheets, therapist time and attendance reports, student

progress reports, therapy monthly report forms and all reports the Louisiana State

Department of Education requires of the Jefferson Parish Public School System.

4.2.4 All changes in established schedules or student rosters must have prior

approval by the Jefferson Parish Public School System. Each therapist shall submit

such requests to the Jefferson Parish Public School System IEP Facilitator/Non-Public Liaison and show the need and justification for a change in

established schedules or student rosters.

4.2.5 The therapist shall call the office of the Jefferson Parish Public School

System IEP Facilitator/Non-Public Liaison for messages on scheduled

contractual days.

4.2.5.1 The therapist may perform the duties outlined in this section

in excess of eighteen (18) hours per week with the written consent of the

IEP Facilitator/Non-Public Liaison.

4.2.6 The therapist shall prepare and submit required written reports of

assessments, raw data from protocols used in preparation of those written reports, and

other assessment related data to the Jefferson Parish Public School System Special

Educational Office within fifteen (15) operational days of the date shown on the

request of the referral for (JP12). Operational days within the context of this

subparagraph shall mean days on which the Jefferson Parish Public School System is

in operation rather than contractual days.

4.2.7 The therapist shall attend staff meetings and in-service training programs

with the permission of the IEP Facilitator/Non-Public Liaison or her designee.

4.2.8 The therapist shall make recommendations to the IEP Facilitator/Non-Public

Liaison as to equipment, supplies and materials to be used in providing services to students in the Jefferson Parish Public School System.

4.2.8.1 Provided, however, that Contractor, its agents, employees or affiliated or parent firm, are prohibited from submitting bids to the Jefferson

Parish Public School System as a vendor of said equipment, materials and

supplies.

JEFFERSON PARISH SCHOOL BOARD RESPONSIBILITIES

4.3 The Jefferson Parish Public School System shall provide all necessary forms required to be completed by therapist pursuant to this Agreement, including but not limited to Jefferson Parish Public School System forms and protocols.

4.4 The Jefferson Parish Public School System IEP Facilitator/Non-Public Liaison or her designee shall monitor services to be provided by Contractor or its agents or employees, including but not limited to the following:

4.4.1 Monitoring of sign in sheets completed by therapist;

4.4.2 Review of attendance sheets of occupational therapy services;

4.4.3 Random review of therapist student progress and applicable therapy monthly report forms;

4.4.4 Observation by the school principal, teacher and IEP Facilitator/Non-Public

Liaison and her designee.

4.4.5 Comparison of invoices for billing purposes and time sheets submitted with said invoices.

V. COMPENSATION

5.1 In consideration for all services rendered pursuant to this Agreement, Contractor shall receive a fee for services rendered by the Contractor, its agents, or employees. Said fee shall be computed as follows:

5.1.1 $48.00 per hour per service provided to designated students and the Jefferson Parish Public School System shall pay travel according to the current IRS

recommended rate in relation to this contract for transportation reimbursement appropriately documented, however in no case shall the total amount exceed $400.00 for the term of this contract.

5.1.2 For JPPSS purposes, the ceiling of the contract will be, $31,504.00 which

includes $31,104.00 for services and $400.00 for travel. Funding will be through the

Fund 1 budget. The Contractor will submit bill for services on the last calendar day of the month. Travel vouchers will be submitted at the end of the month with sign in sheets attached.

5.2 Contractor shall submit a detailed itemized invoice each month to the Project Coordinator or her designee for services rendered by Contractor's personnel.

5.3 Contractor is further obligated to submit final invoice of services rendered by Contractor's personnel to the Project Coordinator or her designee within fifteen (15) days after termination of this Agreement.

5.4 Contractor hereby agrees that taxes will be deducted from each check and a W2 form will be issued to the Contractor at the end of the year.

5.5 It is agreed that in consideration for the services performed, the School Board shall make all checks payable to the order of Jenny Peytavin in the amounts expressed or specified in this Agreement.

5.6 Compensation upon Termination. Upon termination of this Agreement for

any of the foregoing reasons, Contractor shall be entitled to receive the compensation

set forth in paragraph 5.1 hereof accrued but unpaid as of the date of termination.

VI. ASSIGNMENT OR TRANSFER OF INTEREST IN THIS AGREEMENT

6.1 Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same, whether by assignment or novation, without the written prior consent of the School Board, provided, however, that claims for money due or to become due to Contractor from the School Board under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished to the Superintendent or his designee.

6.2 Subcontracts. Contractor shall not enter into any subcontract for work or services contemplated under this Agreement without obtaining prior written approval of the School Board, which approval shall be attached to the original Agreement. Any subcontracts approved by the School Board shall be subject to such conditions and provisions as the School Board may deem necessary; provided, however, that notwithstanding the foregoing, unless otherwise provided in this Agreement, such prior written approval shall not be required for the purchase of supplies and services which are incidental to but necessary for the performance of the work required under this Agreement; and provided further, however, that no provisions of this clause and no such approval by the School Board or any subcontract shall be deemed in any event or manner to provide for the incurrence of any obligation of the School Board beyond those specifically set forth herein. Further, provided that no subcontract shall relieve Contractor from the responsibility for the performance of any subcontractor.

VII. EMPLOYMENT RELATIONSHIP

7.1 Contractor shall not be considered an employee of the Jefferson Parish School Board, but rather is an independent contractor for all purposes including, but not limited to taxation, insurance, or laws governing employee/employer relations.

7.2 The Jefferson Parish School Board is not in any way responsible for liability, unemployment benefits, Worker's Compensation, and/or disability benefits due to termination of this Agreement or any other reason.

7.3 Contractor shall be an equal opportunity employer, and shall provide assurances that it does not discriminate on the basis of race, color or national origin, sex, age, handicap or religious belief in its employment practices.