2024_25_Threat_Assess.pdf

Parent document: Regular Meeting and Budget Presentation-06-12-2024.pdf

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DocuSign Envelope ID: FOCO8EEC-D37A-4A82-90C4-581 B223473F5

Contract No: 2425-5995-05

CONTRACT
BETWEEN

Northwest Educational Service District 189 AND Meridian School District
(Hereinafter referred to as NWESD) Name (Hereinafter referred to as District)
1601 R Ave, Anacortes, WA 98221 214 W. Laurel Road

Address
(360) 299-4000 Bellingham WA 98226

City State Zip
NWESD Account: 5995 Phone: 360-398-7111

In consideration of the promises and conditions contained herein, NWESD and the District do mutually
agree as follows:

|. PURPOSE

The purpose of this Contract is to provide consultation, coordination, and facilitation services to
employees of the District in the area of Safe Schools and Threat Assessment Services as part of the
Whatcom County Level II Threat Assessment Consortium, which includes all Whatcom County Public
School Districts. NWESD will provide comprehensive, multidimensional system services to assist schools
in addressing students who pose a threat for committing acts of violence and to provide schools with
options for intervention. Services are provided through a coordinated assessment of risk levels, and will
require certain commitments from the District to successfully provide the following service levels:

1. Level Il services engage a multi-agency community team with school-based site teams.

2. Inthe event the District closes due to unforeseen circumstances, the Threat Assessment staff will
maintain these contracted services, adapting those services to the distance learning model
adopted by the district, if necessary.

ll. RESPONSIBILITIES OF NWESD

In accordance with this Contract, the NWESD shall provide all labor, materials, and equipment necessary
to:

1. Coordinate the implementation of, and ongoing functioning of, a student threat assessment
system (Level | and Level II services).

2. Provide training and consultation to school-based site teams, including general behavioral health
consultation related to threatening student behaviors (Level 1).

a. School-based site teams may consist of an administrator, counselor/psychologist, school
resource officer, and others who may know the student (teachers, coaches, special
education case managers, intervention specialists, etc.).

b. School-based site teams meet and complete Level | screening documents. The team
then develops a management and supervision plan. If the team feels they need further
assistance and resources, they may request Level Il services.

3. Coordinate multi-agency community team responses throughout Whatcom County (Level Il).

a. The multi-agency community Level Il team consists of the school-based site team,
NWESD threat assessment coordinator, and may include community representatives
from Juvenile Court, Child Protective Services, Community Mental Health, the Fire
Marshall, Tribal liaison, or other community-based and government organizations.


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Contract No: 2425-5995-05

b. The Level Il team meets with the school-based site team to identify additional resources
such as monitoring, supervision, placement, intervention, and referrals to build upon the
supervision and management plan completed in the Level | process.

c. Conduct threat assessments with the multi-agency community Level II team, as
requested by the District, and prepare timely written summaries of findings and
recommendations.

d. Coordinate training for the multi-agency community Level II team.

4. Report on threat assessment activities to the Superintendent of the District.

5. Maintain confidentiality of protected student information that is provided in the Level II student
threat assessment process.

6. Invoice the District in accordance with Section V., below.

lil. RESPONSIBILITIES OF DISTRICT

In accordance with this Contract, the District shall:

1. Follow guidelines of the NWESD Safe Schools and Threat Assessment Services for student
threat assessments such as training key staff members regarding identifying situations of
concern.

2. Make school-based site teams available at each school in the District for Level | training,
completion of Level | screening documents, development of a management and supervision plan,
and participation in Level II multi-agency team.

3. Designate a District liaison to coordinate with the NWESD threat assessment coordinator on
threat assessment matters for the District. These include, but are not limited to:

a. The need for school-based site teams Level | staff training.

b. The need for behavioral health consultation at Level |.

c. Required attendance, or designee attendance, at 75% of the monthly Program
Coordination Review (PCR) meetings.

d. The need for a multitagency community team (Level II) engagement.

4. Provide a list of community partners who may be willing to train and participate in Level II STAT
teams (regional Level II teams).

5. Pay NWESD in accordance with Section V., below.

IV. TERM OF THE CONTRACT

The start date of this Contract is the later of September 1, 2024 or the date that signatures have been
obtained from both parties to the Contract. The end date of this Contract is August 31, 2025 unless
mutually extended in writing by both parties. Termination is further specified in the Termination section of
this Contract.

V. CONTRACT OBLIGATION

For the performance of the work as set forth in the “Responsibilities of NWESD,” the District shall pay an
annual fee of $4,610 (four thousand six hundred ten dollars). This is the District’s agreed upon share of
the total Whatcom County Consortium fee of $44,250. This amount includes all related costs including,
but not limited to, lodging, travel, meals, materials, and shipping.


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Contract No: 2425-5995-05

vi. PAYMENT PROVISIONS

NWESD shall invoice the District for the annual fee on October 1, 2024, or within one month after
signatures have been obtained from both parties to the Contract, whichever is later. The invoice to the
District shall be paid within thirty (30) days of receipt.

Vil. CONTRACT MANAGERS

NWESD Contract Manager District Contract Manager
Name: Jodie DesBiens Name: Kurt Harvill
Address: 1601 R Avenue Address: 214 W. Laurel Road
Anacortes, WA 98221 Bellingham, WA 98226
Phone: 360-299-4010 Phone: 360-398-7111
Email Address: jdesbiens@nwesd.org Email Address: kharvill@meridian.wednet.edu

Vill. ©NONDISCRIMINATION/ANTI-HARASSMENT

In performing its obligations under this contract, the District shall comply with the NWESD, state and
federal guidelines and regulations regarding nondiscrimination and harassment involving any
employee/student on the basis of race, color, sex, religion, ancestry, national origin, creed, marital status,
age, sexual orientation, honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or use of a trained dog or service animal by a person with a disability in
employment, services, or any other regards.

IX. GOVERNING LAW/VENUE

The terms of this Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, without regard to conflicts of laws principles. In the event that legal action or arbitration is
commenced to resolve a dispute related to this Contract, the venue of such action or arbitration shall be
in Skagit County, Washington.

X. INDEMNIFICATION/HOLD HARMLESS

NWESD shall defend, indemnify, and hold harmless the District in full for any and all claims against the
District or its employees, officials or contractors which arise from the acts or omissions of NWESD and its
employees, officials and contractors in the provision of services under this contract. The District shall
defend, indemnify, and hold harmless NWESD in full for any and all claims against NWESD or its
employees, officials or contractors which arise from the acts or omissions of the District and its
employees, officials and contractors in the provision of services under this contract

Xl. TERMINATION

This Contract may be terminated by the NWESD at any time, without reason, upon written notification
thereof to the District. The notice shall specify the date of termination and shall be conclusively deemed to
have been received by the District as of midnight of the second day following the date of its posting in the
United States mail addressed as first noted herein. In the event of termination, the NWESD shall be
entitled to an equitable proration of the total compensation provided herein for uncompensated services
that have been performed as of the date of termination, and to the reimbursement of expenses incurred
as of the date of termination, but solely to the extent such expenses are reimbursable under this Contract.



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Contract No: 2425-5995-05

XIl. OTHER ASSURANCES

In performing its obligations under this Contract, each party shall promptly comply with all laws,
ordinances, orders, rules, regulations and requirements of the federal, state, county or municipal
governments or any of their departments, bureaus, boards, commissions or officials concerning the
subject matter of this Contract (the “Laws”). This provision applies to Laws currently existing or applicable
to a party’s duties under this Contract during the term of this Contract.

Xill. ASSIGNMENT

Neither this Contract nor any interest therein may be assigned by the District without first obtaining the
written consent of the NWESD.

XIV. DEFAULT

The District shall be in default of this Contract upon the occurrence of any of the following:

1. Any covenant, representation or warranty made by the District was false or misleading when
made or subsequently becomes so;

2. The District fails to perform any of its obligations under the Contract, and unless otherwise
specifically stated elsewhere in this Contract, such failure continues for thirty (30) calendar days
after the District receives a notice to cure from the NWESD or its designee;

3. The District files a petition in bankruptcy or other similar proceeding, makes any assignment for
the benefit of creditors, or is the subject of an involuntary bankruptcy petition, receivership or
other insolvency proceeding; or

4. After the termination of the Contract, the District continues to use any of the NWESD’s intellectual

property.

XV. BREACH/DEFAULT WAIVER

No delay or failure on the part of the NWESD to exercise any rights under the Contract shall operate as a
waiver of the NWESD’s contractual rights. Also, the NWESD’s waiver or acceptance of a partial, single or
delayed performance of any term or condition of the Contract shall not operate as a continuing waiver or
a waiver of any other breach of a Contract term or condition. No waiver shall be binding unless it is in
writing and signed by the party waiving the breach.

XVI. REMEDIES FOR DEFAULT

If the District is in default of this Contract, the NWESD may pursue any or all of the following remedies,
which may be cumulative:

1. Immediately terminate the Contract;

2. Injunctive relief without proof of actual damage and without posting a bond pending resolution by
court action or arbitration;

3. Liquidated damages to protect against the immeasurable damage to the NWESD's business and
goodwill of $50.00 for each day that the District improperly or without permission uses the
NWESD’s intellectual property;

4. Consequential and incidental damages to the NWESD from the District’s default; and

5. Recover reasonable attorneys’ fees and costs for any arbitration or litigation brought to enforce
the NWESD's rights under this Contract.

XVII. SEVERABILITY

If any provision of this Contract is determined to be invalid under any applicable statute or rule of law, it is
to that extent to be deemed omitted and the balance of the Contract shall remain enforceable.


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Contract No: 2425-5995-05

XVIII. HEADINGS

The headings of each section of this Contract are provided only to aid the reader. If there is any
inconsistency between the heading and the content of the paragraph or the context of the contract, the
content or context will prevail.

XIX. INTEGRATION/MODIFICATION

This Contract constitutes a fully integrated document containing the full, final and binding agreement of all
parties signatory and all persons claiming by or through a signator, and supersedes all other negotiations,
offers or counteroffers relating to the subjects treated in this Contract. The parties may amend this
Contract only upon a writing bearing the actual signatures of the names of all the parties or their
respective, authorized representatives.

XX. NOTICES

Any notice given under this Contract shall be in writing from one party to another, given only by one of the
following methods: (i) personal delivery, (ii) United States first class and certified mail, return receipt
requested, with postage prepaid to the recipient’s business address provided on the front page of this
Contract; or (iii) e-mail to the recipient’s email address given in the Contract Managers section. Notice
shall be deemed to occur in the case of the use of the mail, when the notice is postmarked. Notice shall
be deemed received on the date of personal delivery, on the second day after it is deposited in the mail or
on the day sent by e-mail. A party may change the place notice is to be given by a notice to the other
party. For efficiency, the parties agree that documents sent by electronic means shall be considered and
treated as original documents.

XXI. FORCE MAJEURE

A party to this Contract is not liable to the other party for failing to perform its obligations if such failure is
a result of Acts of God (including fire, flood, earthquake or other natural disaster), war, government
sanction/order/regulation, riot, terrorist attack, labor dispute, or other similar contingency beyond the
reasonable control of the parties. Force Majeure does not include computer events, such as denial of
service attacks or those that may occur as a result of a third party. Each party shall have backup
computer systems to allow it to continue to perform its obligations under the Contract. Ifa party asserts
Force Majeure as an excuse for failure to perform its contractual obligations, then it must prove that it
took reasonable steps to minimize delay or damages caused by foreseeable events, that it substantially
fulfilled all non-excused obligations and that the other party was timely notified of the likelihood of or
actual occurrence of such an event.

XXII. . BACKGROUND CHECKS

In accordance with RCW 28A.400.303, in the event that NWESD or its employees, agents, or contractors
will have regularly scheduled unsupervised access to children, the employee, agent, or contractor will be
required to undergo a record check through the Washington State Patrol criminal investigation system
under RCW 43.43.830-.834, RCW 10.97.0300, and RCW 10.97.050, and through the Federal Bureau of
Investigation. The record check will include a fingerprint check using a complete Washington State
criminal identification fingerprint card. This record check will occur before the individual is allowed access
to the District property and/or facilities where unsupervised access to children could occur. If the
individual has undergone a record check meeting the requirements of RCW 28A.400.303 and this
subsection within the previous two (2) years, the background check requirement may be waived. The
District will not be responsible for any costs associated with the record check.


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Contract No: 2425-5995-05

XXIill. COPYRIGHTS

The NWESD reserves all right, title and interest in and to the copyrights it owns, unless otherwise
expressly granted to the District under the Contract. Nothing in the Contract shall be construed to convey
any right, title or interest in or to the NWESD’s copyrighted works to the District beyond the use expressly
permitted by the Contract. The District shall have no claim, right, title or interest in or to the goodwill
associated with the NWESD’s copyrighted works, now or in the future. The District shall never contest any
aspect of the NWESD’s intellectual property rights in and to the NWESD’s copyrighted works, the goodwill
associated with those works or the validity of any license to use those works granted under this Contract.
Further, the District shall reasonably assist the NWESD in protecting and maintaining copyrights owned
by the NWESD, including without limitation furnishing samples, signing declarations or providing notice or
testimony of infringement of which the District becomes aware. As to any copyrighted works that the
District owns, the District represents and warrants that it exclusively owns its copyrighted works; there are
no claims, judgments or settlements related to its copyrighted works; and its copyrighted works do not
infringe any third-party’s rights.

XXIV. CRIMES AGAINST CHILDREN

The NWESD warrants that any of its employees or agents who has pled guilty or been convicted of any
crime under RCW 28A.400.330 shall not have any contact with any child at a public school. Failure to
comply with this section shall be grounds for immediate termination of this Contract.

XXV. DISPUTE RESOLUTION

Ifa dispute regarding this contract arises between the District and the NWESD, then the District will
appoint someone to represent it, the NWESD will appoint someone to represent it, and those two parties
will appoint someone as a third representative. Decisions will be made by a vote of the majority of the
representatives. The dispute committee shall be limited to resolving issues pursuant to the terms of this
Contract, and its decision(s) shall be final.

XXVI. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

NWESD agrees that it may create, have access to, or receive from or on behalf of the District, records or
record systems that are subject to the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C.
Section 1232g (collectively, the "FERPA Records"). NWESD represents, warrants, and agrees that it will:
(1) hold the FERPA Records in strict confidence and will not use or disclose the FERPA Records except
as (a) permitted or required by this Contract, (b) required by law, or (c) otherwise authorized by the
District in writing; (2) safeguard the FERPA Records according to commercially reasonable
administrative, physical and technical standards that are no less rigorous than the standards by which the
NWESD protects its own confidential information; and (3) continually monitor its operations and take any
action reasonably necessary to assure that the FERPA Records are safeguarded in accordance with the
terms of this Contract.

XXVII. SUSPENSION AND DEBARMENT ASSURANCES

The NWESD certifies, and the District relies thereon in execution of this Contract, that neither it nor its
Principals are presently debarred, suspended, proposed for debarment, or declared ineligible or
voluntarily excluded for the award of contracts by any Federal governmental agency or department.
“Principals”, for the purposes of this certification, mean officers; directors; owners; partners; and, persons
having primary management or supervisory responsibilities within a business entity. Further, the NWESD
agrees to provide the District immediate written notice if, at any time during the term of this Contract,
including any renewals hereof, it learns that its certification was erroneous when made or has become
erroneous by reason of changed circumstances. The NWESD’s certification via the execution of this
Contract is a material representation of fact upon which the District has relied in entering into this
Contract. Should the NWESD determine, at any time during this Contract, including any renewals hereof,


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Contract No: 2425-5995-05
that this certification is false, or should it become false due to changed circumstances, the District may

terminate this Contract in accordance with the terms and conditions therein.

XXVIII. SIGNATURES/APPROVALS

The undersigned represent and warrant that they are authorized to enter into this Contract on behalf of

the parties.
Larry Francois, Superintendent Date Dr. James Everett, Superintendent Date
Northwest Educational Service District 189 Meridian School District

NWESD Internal Approvals:
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