SampleServiceOrderContract_Final~2.docx

Service Order Contract # _______ Master Price Agreement #________

Sample Service Order Contract

Service Order Contract# ________

This Service Order (“Service Order”) is between the Oregon Department of Education (“ODE” or “Agency”) and ____________________ (“Contractor”). This Service Order is issued under ODE Master Services Price Agreement # _________________ for Special Education Individualized Education Program (“IEP”) Meeting Facilitation Services (“Price Agreement”). The terms and conditions included in the Master Agreement apply to this Service Order.

The parties agree as follows:

1. Service Order Contract Term (“SOC”). This SOC is effective on, and no Services may be performed until, the date this SOC has been signed by the parties and all required approvals have been obtained (the” “Effective Date”). The SOC expires on _______, unless otherwise agreed to by the parties.

2. Background. [Type information related to goals and other relevant information here.]

Name Title Address City State Zip Phone Fax E-Mail Web:

Name Title Address City State Zip Phone Fax E-Mail Web:

4. Description of Services. Contractor shall provide the Services specified in Exhibit A to this SOC.

5. Delivery, Compensation & Invoices.

ODE is not obligated to pay Contractor for any Services unless such Services are complete, conform to the specifications in the Statement of Work, and otherwise conform to the warranties and other terms of this Agreement.

· Master Contract Number

· Service Order Number

· Agency’s Contract Number

· Invoice Date

· Invoice Period

· Project Contact

· Invoice Amount

· Description of the Services performed in accordance with Section 1.1 of the Price Agreement to include the number of hours to complete the Services.

· Itemized expenses

6. Responsibility of Contractor. Contractor is responsible for the professional quality (and technical accuracy, when applicable) of all Services. The rights and remedies of ODE provided for under the SOC are in addition to any other rights and remedies provided by law. If Contractor is comprised of more than one legal entity (for example, a joint-venture or partnership), each entity is jointly and severally liable under the SOC.

7. Key Persons. The identified Key Persons are as follows:

Contractor Key Persons:

Agency’s Key Persons:

Benefiting District’s Key Persons:

9. Certification: Any individual signing on behalf of Contractor hereby certifies and swears under penalty of perjury: (a) the number shown below is Contractor’s correct taxpayer identification number; (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding, (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor’s payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any “Oregon Tax Laws”. For purposes of this certification, “Oregon Tax Laws” means: (i) all tax laws of this state, including but not limited to those included in: ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and local taxes administered by the Department of Revenue; (ii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, to Contractor’s property, operations, receipts, or income, or to Contractor’s performance of or compensation for any work performed by Contractor; (iii) any tax provisions imposed by a political subdivision of this state that applied to Contractor, or to goods, services, or property, whether tangible or intangible, provided by Contractor; and (iv) any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions; (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) if required by 40CFR1506.5(c), Contractor has no financial or other interest in the outcome of the project; and (f) in the event that Contractor is a general partnership or joint venture, that Contractor signature(s) on this Contract constitute certifications to the above statements pertaining to the partnership or joint venture, as well as certifications of the above statements as to any general partner or joint venturer signing this Contract.

[Signatures next page] [All signatures should appear on the same page, so insert “signatures next page” to alert all to the reason for expanded white space at the bottom of this preceding page.]

Signatures.

CONTRACTOR

By:___________________________________________ Title:__________________________ Date: _________________

STATE OF OREGON acting by and through the OREGON DEPARTMENT OF EDUCATION

By: _________________________________________________________________ Date: _____________________

EXHIBIT A

STATEMENT OF WORK

[Insert all tasks, timelines, and deliverables with as much detail as possible. All Services must be included in the Scope of Services of the Master Price Agreement.]

1. General Information and Overview

Contractor shall consult with and assist Benefiting District with the following:

2. Statement of Services The Service(s) to be performed under this SOC are indicated in this Section below.

☐Special Education Individualized Education Program (“IEP”) Meeting Facilitation Services:

· Interviewing parties in facilitated IEP meetings.

· Scheduling of meetings in a timely manner.

· Writing correspondence to school districts, parents or others.

· Consulting with employees of Agency.

· Reviewing student records and other documents.

· Facilitating IEP meetings.

· De-escalating high conflict situations.

· Identifying points of agreement and points of dispute.

· Employing strategies to help IEP teams reach consensus.

☐Complaint Resolution Services

Interviewing parents, students, staff and others about the complaint. These will at times need to be in-person.

Writing correspondence to school districts, parents or others.

Consulting with employees of Agency.

Reviewing student records and other documents.

Organizing the record evidence from an investigation.

Preparing and delivering a Request for Response and draft order with findings of fact supported by the evidence, conclusions, a discussion of the conclusions, and corrective action when appropriate.

☐Mediation Services

Interviewing parties to special education disputes. These will at times need to be in-person.

Writing correspondence to school districts, parents or others.

Consulting with employees of Agency.

Reviewing student records and other documents.

Facilitating mediation sessions.

De-escalating high conflict situations.

Drafting and finalizing legally enforceable mediated agreements mutually acceptable to parties.

2.1. Tasks & Deliverables – IEP Meeting Facilitation

When providing IEP meeting facilitation services, the Contractor shall be responsible for the following:

Task #1: Upon receipt of the contact information from Agency, Contractor shall contact the IEP meeting (“Meeting”) participants to complete the pre-meeting activities. This shall include the following:

· Establishing a time and location for the Meeting, mutually agreed on by all participants.

· Discussion with participants as to the content of the Meeting.

Task #2: Contractor shall obtain a signed written agreement to participate in a facilitate Meeting on Agency’s approved form. Contractor shall also review the ground rules and process.

Deliverable #2.1: Contractor shall submit to Agency the signed agreement to participate in a facilitated IEP meeting.

Task #3: If an agreement is reached during the Meeting, Contractor shall ensure that an IEP is drafted which identifies the activities, timelines and responsibilities of the participants for implementation.

Deliverable #3.1: Unless prohibited by confidentiality requirements, Contractor shall submit to Agency a copy of the signed IEP.

Task #4: Contractor shall submit a checklist of completed activities and facilitated IEP evaluation form to Agency upon completion of each facilitated IEP meeting.

Deliverable #4.1: Contractor shall submit to Agency the completed activities checklist and evaluation form.

Task #5: Contractor shall attend required trainings as requested by Agency, maintain current knowledge of state and federal special education law and practice, maintain effective and neutral communication with all Meeting participants; follow written Agency guidance on IEP facilitation and consult with Agency legal specialist and other Agency staff as needed.

If during this process or at any time during the mediation process, a party to the mediation requests a hearing before an administrative law judge or a complaint investigation, Contractor shall contact and forward a copy of that request to Agency.

2.2. Tasks & Deliverables – Complaint Resolution Services

When providing complaint resolution services, the Contractor shall be responsible for the following:

For each complaint resolution SOC, Contractor shall complete the Services within sixty (60) days of the SOC effective date unless otherwise specified in the SOC or Agency extends the completion day SOC amendment.

Task #1: Upon receipt of Agency’s Services request, including a copy of the complaint Contractor shall complete and deliver a Request for Response document in the form provided by Agency, to the educational agency (“Educational Agency”) and the complainant (“Complainant”), and provide copies to the Agency. The Request for Response must at a minimum include:

· Specific allegations from the complaint of IDEA violations.

· Citations from the complaint to state and federal regulations.

· And any other important and pertinent information related to the complaint.

Deliverable #1.1: Contractor shall complete and deliver a Request for Response to Educational Agency, Agency and Complainant.

Task #2: Contractor shall review Educational Agency’s response to Contractor’s Request for Response and any additional information from Complainant. If necessary, Contractor shall conduct interviews (by phone or in person) with Educational Agency’s staff or others knowledgeable about the complaint.

Deliverable #2.1: Contractor shall review Educational Agency’s response and any additional information from Complainant and conduct interviews if necessary.

Task #3: Contractor shall prepare and deliver to Agency an order for complaint resolution (“Order”). Contractor shall submit a draft Order that, at a minimum, includes the following:

· Preliminary findings of fact, which includes the interviews with staff and others involved in the complaint and supported by the evidence.

· Conclusions.

· Discussion of the conclusions; and

· If appropriate, corrective action.

Deliverable #3.1: Contractor shall complete and deliver the draft Order to Agency.

Task #4: Contractor shall maintain detailed, written documentation of all Complaint resolution activities for this Word Order Contract and provide this documentation to Agency. The detailed written documentation must contain the following at a minimum:

· All activities completed during the Services.

· All evidence presented to Contractor by Complainant and Educational Agency.

· Reasoning for how Contractor resolved the complaint.

· Description of the complaint resolution.

Deliverable #4.1: Contractor shall deliver a detailed, written documentation of all complaint resolution activities to Agency no later than _______ days following delivery of the final Order to Agency.

Task #5: Contractor shall attend required trainings as requested by Agency, maintain current knowledge of state and federal special education law and practice, maintain effective and neutral communication with Complaint and Educational Agency; follow written Agency-provided guidance on Complaint resolution procedures, and consult with Agency staff as needed.

2.3. Tasks & Deliverables – Mediation Services

When providing mediation services, the Contractor shall be responsible for the following for each mediation Contractor completes:

Task #1: Upon receipt of Agency’s mediation request and the contact information for the parties to the mediation, Contractor shall complete pre-mediation session activities that include but are not limited to the following:

· Obtaining signatures of each party to the mediation on Agency’s Agreement to Mediate form.

· Reviewing the content of the mediation.

· Discussions with each party regarding the content of the mediation.

· Set a date and time for mediation.

· Provide a list of attendees required to attend the mediation.

Task #2: Contractor shall facilitate the mediation session and review the ground rules and process for the session. Contractor shall follow a mediation process that is consistent with professional standards. If a mediated agreement is not reached during the first scheduled mediation session, Contractor shall schedule the number of additional mediation sessions necessary to reach a mediated agreement.

Task #3: Once agreement is reached, Contractor shall draft an agreement that identifies the activities, timelines, and responsibilities of each of the parties to the mediation, for implementation of the agreement reached (“Mediation Agreement”). Contractor shall obtain the signatures of each party on the Mediation Agreement and provide all parties with a copy of the agreement.

Deliverable #3.1: Unless prohibited by confidentiality requirements, Contractor shall submit to Agency a copy of the Mediation Agreement at the time Contractor provides the Mediation Agreement to the parties to the mediation.

Task #4: Contractor shall complete Contractor’s Completed Activities Form checklist, on the form attached to this Work Order Contract as Exhibit B, for completed activities and mediation, upon completion of each mediation.

Deliverable #4.1: Contractor shall submit to Agency the completed Contractor’s Completed Activities Form.

Task #5: Contractor shall attend required trainings as requested by Agency, maintain current knowledge of state and federal special education law and practice, maintain effective and neutral communication with Complaint and Educational Agency; follow written Agency-provided guidance on Complaint resolution procedures, and consult with Agency staff as needed.

If during this process or at any time during the mediation process, a party to the mediation requests a hearing before an administrative law judge or a complaint investigation, Contractor shall contact and forward a copy of that request to Agency.

EXHIBIT B

TO SERVICE ORDER CONTRACT

Special Education Mediation Services Contractor’s Completed Activities Form (Work Product)

Mediator: ________________________ Case Number: ME- ________________________ Contractor #: ________________________

1. Agreement information received from ODE Mediation Specialist

2. Contracted the parties within 3 days of receiving contract information from ODE Mediation specialist

3. Reviewed parties request for complaint investigation or due process hearing (If this mediation was not the result of a complaint or hearing request, the “Date Completed” box is marked “N/A”

4. Completed pre-session activities:

· Determining list of participants

· Setting time & place of mediation session

· Discussion of mediation process with participants

· Other – list:

5. Conducted the mediation session(s)

· Reviewed ground rules

· Obtained signed Agreement to Mediate (Mediator will use the ODE Agreement to Mediate or Other pre-approved agreement form)

· Explained rules of confidentiality

· Total hours for mediation session(s):

· Other – list:

6. Mediation Agreement (If an agreement is not reached, the “Date Completed” cos is marked “N/A”

7. If the parties agree to submission of the confidential mediation agreement to ODE, the redacted agreement* is sent to the ODE Mediation Specialist (If parties do not agree to this or if the mediation session did not result in a written agreement, mark this “N/A”

Contractor Signature: ________________________ Date: ________________________

*All personally identifiable information will be removed from the agreement prior to the submission to Agency.