Common use of CONDITIONS AND AGREEMENTS Clause in Contracts

CONDITIONS AND AGREEMENTS. The School, the Employer/Agency and the PDN each acknowledge and agree as follows: 1. The PDN may provide medical care to the Student on School premises during instructional hours subject to and in accordance with the orders of the Student's physician and, to the extent applicable, the Student's Individualized Education Plan ("IEP") and/or Individualized Health Plan ("IHP"). The physician's orders and the IEP and IHP will govern the provision of medical care to the Student while on School premises. All parties agree and acknowledge that should any term or condition of the physician's orders, the IEP or the IHP conflict, the IHP will be deemed to be controlling authority of the provision of professional nursing services within the educational setting. The School will provide copies of and/or share information concerning the Student's IEP and IHP with the PDN and the Employer/Agency as necessary and appropriate in furtherance of this Agreement. 2. The PDN is authorized and will be permitted to provide professional services relating to the Student's medical needs only. The PDN is not authorized and may not provide services relating to any other student or person other than the above-named Student. The PDN is not authorized and may not assist with educational activities of the Student or any other student or person. The School has the exclusive authority to determine those activities that are educational in nature. 3. Any equipment or supplies needed by the PDN to attend to the medical needs of the Student must be furnished by and at the expense of the PDN, the Employer/Agency and/or the Student or his/her parent(s) or legal guardian(s). The School is not responsible for furnishing such items, nor for payment of the costs of obtaining and/or furnishing such items. 4. The PDN will keep the School nurse or other appropriate School designee advised of the Student's medical needs and any modifications to the Student's medical needs and/or any changes to physician's orders at all times and in a timely manner. 5. The PDN will maintain appropriate records of all medications, procedures and/or treatments provided or administered to the Student while on School premises and will provide the School with copies of such records in accordance with applicable School policies, procedures and/or guidelines. Records and information will be maintained by all parties in compliance with all applicable Federal and State confidentiality and privacy laws, including without limitation HIPAA and FERPA. 6. The Employer/Agency and the PDN: have and shall maintain in good standing at all times any and all required licenses, registrations, certifications and/or authorizations in compliance with applicable Indiana and Federal laws; and shall provide the School with written verification of such licensure and credentials from time to time upon request. The Employer/Agency and the PDN shall at all times comply with applicable federal, state and/or local laws, statutes, rules, regulations and/or ordinances. 7. The PDN shall at all times comply with applicable School standards, policies and procedures, including without limitation behavioral and dress code standards, alcohol, tobacco and drug use policies, and discrimination, harassment, abuse and weapons policies. Prior to the School permitting the PDN to be present with the Student on School premises, the PDN will have submitted to a criminal background check completed within thirty (30) days prior to fulfilling any terms of this agreement. The School will provide Employer/Agency with copies of such applicable standards, policies and procedures herein referred to and the Employer/Agency agrees to fully familiarize itself and the PDN with all such standards, policies and procedures. The School reserves the right, at any time and without prior notice, to refuse to permit the PDN to come onto School premises, or to remove the PDN from School premises, in the event of a violation of such policies and procedures, or any violation of the conditions of this Agreement by the PDN or the Employer/Agency. 8. In the event of a medical emergency, medical treatment will be arranged for the Student in accordance with applicable School policies. The PDN will provide assistance as appropriate in accordance with her professional obligations and shall not interfere with any emergency care provided by the School nurse until the emergency medical personnel arrive. 9. The Employer/Agency and/or the PDN are responsible for ensuring any services during periods that the PDN is absent from attending to the Student's needs on School premises. Any alternative staff utilized during periods of absence must be preapproved and/or execute a separate PDN Services Agreement. 10. At all times while this Agreement remains in effect, and at the sole expense of the Employer/Agency and/or the PDN, as applicable, the following policies of insurance shall be maintained appropriately insuring the Employer/Agency, its employees, agents and PDN, and covering claims for personal injury, including death, and property damage arising from or in any way related to PDN's, the Employer/Agency's and/or its employees' or agents', acts or omissions related to this Agreement: a. Comprehensive General Liability Insurance with coverage limits in amounts reasonably satisfactory to the School, but no less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate; b. Professional Liability (malpractice) Insurance with limits of not less than what is stipulated under the Indiana Medical Malpractice Act (the "Malpractice Act") covering all incidents which occur or may be alleged to have occurred while the policy is in force regardless of when any claim is made; and c. As applicable, Workers Compensation/Occupational Disease insurance in compliance with Indiana statutory limits. Such insurance policies shall: name the School as an additional named insured; provide that they may not be canceled without thirty (30) days advance notice to the School; and wherever possible, be carried with the same insurance company (to eliminate confusion as to exactly which insurance company is responsible for handling the claim). The Employer/Agency and the PDN, as applicable, shall furnish the School, from time to time upon request, copies of the policies required to be maintained or certificates thereof, as well as a certificate evidencing payment of surcharges and qualification as a provider under the Malpractice Act. 11. The Student, his/her parent(s) or legal guardian(s), or other third party payor (including without limitation Medicaid) is(are) responsible for payment of any fees or charges related to the professional services provided by the PDN in attending to the medical needs of the Student while on School premises. The School is not responsible and has no liability to the PDN or the Employer/Agency, as applicable, for the payment of any such fees or charges, and will not be billed for such fees or charges. 12. As a condition of this Agreement, the parent(s) or legal guardian(s) of the Student shall have delivered to the School a signed Agreement for Private Duty Nursing Services, authorizing the PDN's provision of services to the Student as contemplated herein. 13. As to the School, the Employer/Agency and the PDN are independent contractors, and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, a lease or landlord/tenant relationship, a principal/agent relationship, or master/servant relationship, or to allow the School to exercise control or direction over the manner or method by which the PDN performs services which are the subject matter of this Agreement; provided always that the services shall be provided in a manner consistent with applicable laws and standards and the provisions of this Agreement. Each party agrees to be responsible for the acts of its own agents, servants or employees and the payment of its employees' benefits and compensation, including without limitation employment taxes, workers compensation and other similar taxes and requirements associated with employment.

CONDITIONS AND AGREEMENTS. The SchoolEach Parent/Legal Guardian, for himself/herself and on behalf of the Employer/Agency above Student, acknowledges and agrees, and the PDN each acknowledge School acknowledges and agree as followsagrees, to the following: 1. The PDN may provide medical care to the Student on School premises during instructional hours subject to and in accordance with the orders of the Student's physician and, to the extent applicable, the Student's Individualized Education Plan ("IEP") and/or Individualized Health Plan ("IHP")IEP and IHP as developed by the School. The physician's orders and the IEP and IHP will govern the provision of medical care to the Student while on School premises. All parties agree and acknowledge that should any term or condition of the physician's orders, the IEP or the IHP conflict, the IHP will be deemed to be controlling authority of the provision of professional nursing services within the educational setting. The School will is hereby authorized to provide copies of and/or share information concerning the Student's IEP and IHP with the PDN and the his/her Employer/Agency as necessary and appropriate in furtherance of this Agreement. 2. The PDN is authorized and will be permitted to provide professional services relating to the Student's medical needs only. The PDN is not authorized and may not provide services relating to any other student or person other than the above-named Student. The PDN is not authorized and may not assist with educational activities of the Student or any other student or person. The School has the exclusive authority to determine those activities that are educational in nature. 3. Any equipment or supplies needed by the PDN to attend to the medical needs of the Student must be furnished by and at the expense of the PDN, the EmployerParent/Agency and/or the Student or his/her parent(s) or legal guardian(s). The School is not responsible for furnishing such items, nor for payment of the costs of obtaining and/or furnishing such items. 4. The PDN Legal Guardian will keep the School nurse or other appropriate School designee advised of the Student's medical needs and any modifications to the Student's medical needs and/or any changes to physician's orders at all times times. 3. As a condition of permitting the PDN to attend the Student on School premises: a) the Parent/Legal Guardian agrees that an authorized representative of the School may discuss the Student's medical needs, care and treatment directly with the PDN, his/her Employer/Agency, and/or the Student's physician, as applicable, as the School deems necessary from time to time; and b) upon request from time to time, as necessary to this agreement, the Parent/Legal Guardian will execute a "Consent to Release of Medical Information" in the form attached hereto as "Exhibit A" to authorize the PDN, the Employer/Agency and/or physician, as applicable, to release medical information to and/or discuss the Student's medical needs, care and treatment with the School. 4. As a timely mannercondition of permitting the PDN to attend to the Student on School premises, the PDN and his/her Employer/Agency must execute a PDN Services Agreement in the form attached hereto as "Exhibit B." The PDN will not be permitted to come on School premises and attend to the Student until the executed PDN Services Agreement has been received by the School. 5. The PDN will maintain appropriate records of all medications, procedures and/or treatments provided or administered to the Student while While on School premises and will provide premises, the School with copies of such records in accordance with applicable School policies, procedures and/or guidelines. Records and information will be maintained by all parties in PDN is subject to compliance with all applicable Federal and State confidentiality and privacy laws, including without limitation HIPAA and FERPA. 6. The Employer/Agency and the PDN: have and shall maintain in good standing at all times any and all required licenses, registrations, certifications and/or authorizations in compliance with applicable Indiana and Federal laws; and shall provide the School with written verification of such licensure and credentials from time to time upon request. The Employer/Agency and the PDN shall at all times comply with applicable federal, state and/or local laws, statutes, rules, regulations and/or ordinances. 7. The PDN shall at all times comply with applicable School standards, policies and procedures, including without limitation behavioral and dress code standards, alcohol, tobacco and drug use policies, and discrimination, harassment, abuse and abuse, weapons policies. Prior to the School permitting the PDN to be present with the Student on School premises, the PDN will have submitted to a and criminal background check completed within thirty (30) days prior to fulfilling any terms of this agreement. The School will provide Employer/Agency with copies of such applicable standards, policies and procedures herein referred to and the Employer/Agency agrees to fully familiarize itself and the PDN with all such standards, policies and procedureschecks. The School reserves the right, at any time and without prior notice, to refuse to permit the PDN to come onto School premises, or to remove the PDN from School premises, in the event of a violation of such policies and procedures, or any violation of the conditions of this Agreement or the PDN Services Agreement by the PDN or the Employer/Agency of the PDN. 6. The PDN is authorized and will be permitted to provide professional services relating to the Student's medical needs only. The PDN is not authorized to and may not provide services relating to any other student or person other than the Student. The PDN is not authorized to and may not assist with educational activities of the Student or any other student or person. The School has the exclusive authority to determine those activities that are educational in nature. 7. Any equipment or supplies needed by the PDN to attend to the medical needs of the Student must be furnished by the Parent(s)/Legal Guardian(s), the PDN and/or the PDN's Employer/Agency. The School is not responsible for furnishing such items, nor is the School responsible for payment of the costs of obtaining and/or furnishing such items. 8. In the event of a medical emergency, medical treatment will be arranged for the Student in accordance with applicable School policies. The PDN will provide assistance as appropriate in accordance with her professional obligations and shall not interfere with any emergency care provided by the School nurse until the emergency medical personnel arrive. 9. The Employer/Agency and/or the PDN are responsible for ensuring any services during periods that the PDN is absent from attending to the Student's needs on School premises. Any alternative staff utilized during periods of absence must be preapproved and/or execute a separate PDN Services Agreement. 10. At all times while this Agreement remains in effect, and at the sole expense of the Employer/Agency and/or the PDN, as applicable, the following policies of insurance shall be maintained appropriately insuring the Employer/Agency, its employees, agents and PDN, and covering claims for personal injury, including death, and property damage arising from or in any way related to PDN's, the Employer/Agency's and/or its employees' or agents', acts or omissions related to this Agreement: a. Comprehensive General Liability Insurance with coverage limits in amounts reasonably satisfactory to the School, but no less than $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate; b. Professional Liability (malpracticeParent(s)/Legal Guardian(s) Insurance with limits of not less than what is stipulated under the Indiana Medical Malpractice Act (the "Malpractice Act") covering all incidents which occur or may be alleged to have occurred while the policy is in force regardless of when any claim is made; and c. As applicable, Workers Compensation/Occupational Disease insurance in compliance with Indiana statutory limits. Such insurance policies shall: name the School as an additional named insured; provide that they may not be canceled without thirty (30) days advance notice to the School; and wherever possible, be carried with the same insurance company (to eliminate confusion as to exactly which insurance company is responsible for handling the claim). The Employer/Agency and the PDN, as applicable, shall furnish the School, from time to time upon request, copies of the policies required to be maintained or certificates thereof, as well as a certificate evidencing payment of surcharges and qualification as a provider under the Malpractice Act. 11. The Student, his/her parent(s) or legal guardian(s), or other third party payor (including without limitation Medicaid) is(are) responsible for payment of any fees or charges related to the professional services provided by the PDN in attending to the medical needs of the Student Student, including without limitation while on School premises. The School is not responsible and has no liability to the PDN or the Employer/Agency, as applicable, for the payment of any such fees or charges, and will not be billed for such fees or charges. 129. As In the event of a condition of this Agreementmedical emergency, the parent(s) or legal guardian(s) of the Student shall have delivered School is authorized to the School a signed Agreement arrange for Private Duty Nursing Services, authorizing the PDN's provision of services to the Student as contemplated herein. 13. As to the School, the Employer/Agency and the PDN are independent contractors, and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, a lease or landlord/tenant relationship, a principal/agent relationship, or master/servant relationship, or to allow the School to exercise control or direction over the manner or method by which the PDN performs services which are the subject matter of this Agreement; provided always that the services shall be provided in a manner consistent with applicable laws and standards and the provisions of this Agreement. Each party agrees to be responsible medical treatment for the acts of its own agents, servants or employees and the payment of its employees' benefits and compensationStudent, including without limitation employment taxesthrough emergency responders, workers compensation in accordance with applicable School policies. The School will make a reasonable effort to notify the Parent(s)/Legal Guardian(s). The Parent(s)/Legal Guardian(s) or other third party payor (including without limitation Medicaid) is(are) liable for payment of any and other similar taxes all charges for such medical treatment; the School is not responsible for payment of such charges. 10. The PDN is not an employee of the School and requirements associated is not acting on behalf of the School in providing professional services related to this Agreement. The School is not liable for any actions taken or not taken by the PDN at any time and the School is hereby released from any claims, demands, suits or liability for any costs, expenses, medical bills, claims, damages and/or liability for any personal injury or property damage resulting or arising from acts or omissions of the PDN. (PTS is to receive a Certification of Insurance.) 11. This Agreement is subject to compliance with employmentapplicable School policies, procedures and/or guidelines pertaining to private duty nurses and the Parent/Legal Guardian agrees to comply with such policies, procedures and/or guidelines.