Contracts%208-27-24.pdf

Parent document: Board of Directors Regular Business Meeting Agenda-08-27-2024.pdf

Text

August 27, 2024

Washougal School District

Contracts and Personal Service / Consultant Agreements Approval

Vendor Department Fund Designation Description Amount Contract Term
(General, ASB, Capital Projects) (PO Amount)
The general purpose of an this Agreement is to provide communication and support to all EOCFR children to support transition
information and for early intervention education and therapy services to disabled students ages three-to-fice year with in the
EOCF - Facility Use AR AR District boundaries. AR $10,560 9/1 - 6/30
ESD facilitates the Child Care and Family Services Program, they oversee the staff assigned to the program and the
ESD 123 Grow & Learn Program Curriculum Genera implementation, collection and reporting of the program performance data on a bi-annual basis. 2,000.00 24-25 FY
ESD Audiological Cooperative Services Special Education Genera Contract provides audiological services through the use of the audiometric van and testing equipment. 11,436.00 24-25 FY
Contract is to provide support for the STEM collaborative to expand the services for STEM & Career Connected Learning
ESD Career Connect Southwest STEM District Genera and further science, technology, engineering and math learning and innovation. 5,668.00 24-25 FY
ESD Certification Services District Genera ESD agrees to provide the District with the services of a qualified certification specialist for five days weekly for 12 months. 1,817.00 24-25 FY
ESD Clark County Mobilization Assistance Contract provides the district with services to support utilization of the Clark County School Mobilization Assistance
Response Team SMART District Genera Response Team. 3,028.00 24-25 FY
Contract provides for the processing of completed applications for clock hour classes/workshops prior to their submission to the
regional clock hour committee; necessary forms and printing; all state-required record keeping for the participants and the District;
ESD Clock Hour Services District Genera an annual transcript for each certificated staff member to the participating district personnel office with a copy to the participants. 4,410.00 24-25 FY
Contract provides the Annual Report to the community; four issues of the community newsletter, Community Connections;
quarterly Staff Insider newsletters; news releases throughout the year; website and good news blog content updates; two
podcasts; Facebook and Twitter updates; teacher poster for Teacher Appreciation Week; staff appreciation notepads; district
phone directory; graduation program; and printing of branded materials such as letterhead, envelopes and business cards and
ESD Communication Retainer Services District Genera website maintenance. 8,350.00 24-25 FY
ESD Cooperative Information Management
Services Qmlativ District Genera Contract provides the District with cooperative data processing, software, support and product coordination services. 142,285.00 24-25 FY
ESD Curae Center Specialized Education Contract is for a day treatment program that provides academic services and behavioral support in a therapeutic environment for varied based on
Services SpEd Genera district identified students. enrollment 24-25 FY
ESD Fiscal Manager Services SpEd Genera Contract is for fiscal manager services 219,620.00 24-25 FY
Contract allows for notifications to the media and subscribers for emergency nottifications and other news through the Flash Alert
ESD Flashalert Newswire District Genera Newswire and Flash Alert Texting 625.00 24-25 FY
ESD Gorge Academy Specialized Education Contract is for a day treatment program that provides academic services and behavioral support in a therapeutic environment for varied based on
Services SpEd Genera district identified students. enrollment 24-25 FY
Contract provides for hearing screening services through the use of the audiometric testing equipment, and assigned ESD staff at
ESD Hearing Screening Services Special Education Genera times and places issued to the district during the school year. 7,402.00 24-25 FY
ESD Open Doors Youth Eeengagement varied based on
Program District Genera Contract provides a youth reengagement program for students not on track for graduation. enrollment 9/1/24 - 8/31/26
ESD Prevention Intervention Student Contract provides the District with an on-site Prevention/Intervention Specialist by full participation in the Student Assistance
Assistance Program Curriculum Genera Program. The educational, instructional and specialized services provided will improve student learning and achievement. 24,000.00 24-25 FY
ESD School Nurse Services Special Education Genera Contract provides school Nurse services to the District. 374,398.00 24-25 FY
ESD Specialized Transportation Service Contract provides transportation for Inter-district SpEd students, Inter-district McKinney Vento “homeless”, Inter-district 504
Cooperative District Genera required transportation and Inter-district after school SpEd academic programs. 6,000.00 24-25 FY
Contract provides training and consultation regarding threats, violence, management of situations, coordinating multi-agency
ESD Student Threat Assessment Special Education Genera responses and conducting threat assessments. 4,130.00 24-25 FY
Contract allows for services from Clark County Attendance and Reengagement Program and the Community Engagement Board
ESD Truancy Program Services District Genera on behalf of the Clark County Juvenile Court. 4,100.00 24-25 FY
Contract provides the district with Associate Member level access to educational and cable television service through the TV ETC
ESD TV ETC Consortium District Genera Consortium. 350.00 24-25 FY
George Elevator Service District Genera Contractor will provide routine maintenance and inspections for the district's elevators. 4,700.00 24-25 FY
Contractor will provide student evaluation services encompassing areas of social, emotional, communication and sensory based on services
MindSights SpEd Genera needs and behavior. provided 24-25 FY
Renaissance District Genera Contract allows access to the FastBridge product 30,319.24 24-25 FY



August 27, 2024

Washougal School District

Contracts and Personal Service / Consultant Agreements Approval

Personal Service (PSAs) and Consultant Agreements

Vendor Department Fund Designation Description Amount Contract Term
(General, ASB, Capital Projects) (PO Amount)
Oaks, Phil District General Vendor to conduct First Aid and AED Classes for district staff. 6,000.00 24-25 FY
Interlocal Agreements
Vendor Description Agreement Term

Albertsons for Kaiser Direct

Vendor to provide insurance billed staff vaccinations

9/1/24 - 8/31/25

Albertsons for Premera & Regence

Vendor to provide insurance billed staff vaccinations

9/1/24 - 8/31/25

Central Washington University (CWU) Interlocal Agreement allows qualified high school students the opportunity to enroll in advanced courses through the College in the High School Program. 24-25 FY

EOCF - Emergency Use Agreement The general purpose of this Agreement is to provide temporary shelter, in the event of an emergency situation for an early childhood population under care of the EOCF agencies. 24-25 FY
The general purpose of the agreement is to provide communication and support to all EOCF children to support transition information and for early intervention education and therapy services

EOCF - Interagency Agreement to children with developmental delays ages three to five years within the district. 24-25 FY

ASB Constitutions

ASB Group

School

Description



EOCF

connect | empower | transform

educational opportunities for children & families

FINANCIAL AGREEMENT FOR FACILITIES USE - CONTRACT TERM RENEWAL

Between
Washougal School District 112-06
4855 Evergreen Way
Washougal, WA 98671
350-954-3003
And
Educational Opportunities for Children and Families (EOCF)
17800 SE Mill Plain Blvd. Suite 150
Vancouver, WA 98683
360-896-9912

In accordance with the original Financial Agreement for Facilities Use Agreement of September 28, 2016, between Educational
Opportunities for Children and Families (EOCF) and the Washougal School District. EOCF offers this letter for renewal of our
four (4) year September 1, 2024 — June 30, 2028, Facility Use Agreement for the Hathaway Early Learning Center with the
following amendments:

2.0 TERMS OF AGREEMENT:
This Agreement shall be effective for the period of September 1, 2024, through June 30, 2025
Building/portable C/D classroom.

3.0 EOCF RESPONSIBILITIES:
EOCF shall provide $ 10,560.00 in payment to Washougal School District for the 2024-25 school year payable in
monthly installments of 10 @ $ 1056.00 September through June as billed by the District, which should include:
Custodial Service (4 hours/week for 10 months)

All other terms and conditions of the original agreement and its subsequent amendments will remain in place from September 1,
2024 through June 30, 2028.

Thank you for your continued support to Educational Opportunities for Children and Families.

Sincerely,

Laura L. Mason
Projects and Business Services Manager

Date: ¢/ 2? oul
Date: 6 { % 7) ay

eah Strong, Chief Executive Officer and/or designee
Educational Opportunities for Children and Families

By: karo. “Deb eed

Business Services Director and/or designee
Washougal School District 112-06

Ce: Accounting

Administration
17800 SE Mill Plain Blvd Suite 150 | Vancouver WA 98633
360.896.9912 | fax 360.692.3209 | tall free 888.433.9060
eoctwa.org

Long Beach Head Start
2611 Pacific Avenue North | Long Beach WA 98631
360.642.5471 | fax 360.642.5473 | toll free 866.642.5471
eocfwa.org

FOCF shall not discriminate in its stafl, huing practrces, board, volunteers, volunteer committees, ar recipients of any service an the bosts ofa person's race, cular, religion, sex, sexual
orentotian, age, national origin, maritol status, veteron status, mental, physical, ar sensory disability, or any other stotus rat listed, a5 protected by state and or Federal Inw.


INTERLOCAL AGREEMENT (NON-RENEWING)
FISCAL YEAR 2024-2025

IS D Gp Gp a EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

1-2-3 GROW AND LEARN PROGRAM

To provide 1-2-3 Grow and Learn Program services to the District at designated

elementary school sites

Agreement Number: 25129-027 Financial Terms: Payments under this
Renee ONY [memes ac tcecd 200000

Agreement Period Invoice Schedule: To be billed in full, February

Initial Term Start: September 1, 2024 2025.
Initial Term End Date: August 31, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 1628 81 5540 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUS SVC APPROVAL districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.
1.1. ESD112 and the District are entering into this Agreement for the purpose of

providing 1-2-3 Grow and Learn Program (1-2-3) services to the District at
elementary school sites, as designated by the District.

1.2 ‘The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

2. Term. This Agreement shall be effective September 1, 2024 and continue until the
earlier of the date both Parties have satisfied their obligations set forth in this
Agreement, the date the Agreement is terminated in accordance with Section 4 of
Exhibit B, or August 31, 2025.

3. Finance, Budget and Property.
3.1 Agreement Amount. The District shall pay ESD112 an amount of $2,000.00

for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

3.1.1 The fee supports thirty-five (35) 1-2-3 program sessions per school year at
one designated site for $2,000.00 per site.

3.1.2 Should the school decide to cancel a scheduled session for any reason, such
as lack of space availability or closures due to inclement weather, those
days shall not be made up.

3.2 Invoicing. ESD112 shall invoice the District in full February 2025. Invoices
shall be paid within thirty (30) days of receipt.

3.3 Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

3.4 Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

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Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

4.1.1 Hire, train and supervise staff assigned to the 1-2-3 program.

4.1.2 Oversee implementation of program services delivered under this
Agreement.

4.1.3 Collect and report program performance data to participating districts
bi-annually.

4.1.4 Provide services as mutually agreed and scheduled, per Section 3.1.1
above.

4.1.5 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:

4.2.1 Assist with promotion and outreach to families eligible for 1-2-3 program
services.

4.2.2 Designate sites to receive 1-2-3 program services and inform ESD112
program contact of the location selection by August 1, 2024.

4.2.3 Provide space for 1-2-3 program sessions at each designated elementary
school site scheduled for program services per Section 4.2.2 above.

4.2.4 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

a
SIGNATURE AUTHORITY / NOTICE JUIN UNS esl

ee

| Position: | Interim Superintendent |_| Superintendent

|Phone: | 360.954.3005 || 360.750.7500,

|Email: | aaron.hansen@washougalsd.org |_| tim.merlino@esd112.org

PROGRAM CONTACTS

[Name [Aaron Hansen = Jodi Wall

a Same as above Executive Director of Early Care and
Education

[Phones [oo Ss*f 360.952.3366
Email: in | | jodi. wall@esdi12.0rg

FISCAL / BUDGET CONTACTS |

Name: |KrisGrindy | «| AmyHoermig,

Position: | Business Services Officer |_| Budget Analyst,

Phone: | 360.954.3003 | «| 360.952.3370

ACCOUNTING / BILLING CONTACTS |

Name [KimGoodrich || ChristyStaleup SSCS

| Position: | AccountingManager |_| ARSpecialist P|

[| Phone: | 360.954.3006 || 360.952.3490

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Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

| Email: | Kim.goodrich@washougalsd.org || christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

EXHIBIT B
GENERAL TERMS & CONDITIONS

Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

General Responsibilities of the Parties. ESD112 and the District shall:

2.1 Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD 112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

2.2. Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability and
automobile coverage in an amount not less than $1,000,000 per occurrence. The
Parties shall, upon request, provide each other suitable evidence of the coverage
required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

Amendment, Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

Termination and Damages. This Agreement may be terminated by either party by
providing the other party thirty (30) days written notice of intent to terminate. If this

Agreement is terminated, the District shall pay ESD112 for all work performed and

expenses incurred up to the date this Agreement is terminated. Fees owed following

termination shall be paid within thirty (30) days of receipt of an invoice.

General Provisions.

5.1

5.2

5.3

5.4

5.5

5.6

5.7

Assignment. Neither this Agreement nor any interest therein may be assigned
by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.

Authority. The terms and conditions of this Agreement to which the Parties

agree are being entered into by appropriate resolutions or delegation of

authority by the respective boards of directors of ESD112 and the District.

Captions. Paragraph headings have been included for the convenience of the

Parties and shall not be considered a part of this Agreement for any purpose

relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and Prevention
(CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this

Agreement has a personal financial interest, direct or indirect, in this

Agreement. ESD112 and the District warrant that neither party presently has

interests, and will not acquire interests, directly or indirectly, which would

create a conflict of interest in performing the obligations under this

Agreement. Any direct or indirect conflict of interest must be disclosed.

Force Majeure. ESD112 and the District shall not be liable for any failure to

perform its obligations in this Agreement, and shall not be liable for the damages

in Section 4 above, if the failure to perform or action that gave rise to damages is

a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause

beyond such party’s reasonable control, such as changes to federal, state or local

laws, but excluding failure caused by a party’s financial condition or negligence.

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Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

5.8

5.9

5.10

5.11

5.12

5.13

Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non-Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be

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Washougal School District No. 112-06
Agreement No. 25129-027
1-2-3 Grow and Learn Program

5.14

5.15

given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party
waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM/) and that they are not presently debarred, suspended,
proposed for debarment, or declared ineligible or voluntarily excluded for the award of
contracts by any Federal governmental agency or department. ESD 112 and the District
shall provide immediate written notice to each other if, at any time during the term of this
Agreement, including any renewals hereof, the Parties learn that this certification has
become erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal, WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06
AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

AUDIOLOGICAL COOPERATIVE SERVICES

To provide the District with Audiological Services as mutually deemed acceptable, through
the ESD112 Audiology Cooperative.

Agreement Number: 25013-027 Financial Terms: Payments under this
Agreement shall not exceed $11,436.00

Agreement Period Invoice Schedule: To be billed in ten (10) equal

Initial Term Start: September 1, 2024 monthly installments of $1,143.60, September

Initial Term End Date: August 31, 2025 | 2024 through June 2025.

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 1225 71 5430 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUSSVC APPROVAL JTV. districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing the District with audiological services, as mutually deemed
acceptable, through the ESD112 Audiology Cooperative.

The provision of educational, instructional, or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $11,436.00
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in ten (10) equal monthly
installments of $1,143.60, September 2024 through June 2025. Invoices shall
be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:
4.1.1 Provide an Audiologist for the District for up to ten (10) days of
audiological services, may provide the following listed services based
on capacity and contracted days.
4.1.1.1 Comprehensive hearing assessments for students who do not pass
their school hearing screening.

4.1.1.2 Monitor students with known hearing loss not otherwise followed
by an outside provider.

4.1.1.3 Communicate with families regarding needed follow up after
comprehensive testing.

4.1.1.4 Provide support for assistive technology (acquired at District cost)
to hearing-impaired students as appropriate, and as designated by
education support plans. Train students, families, staff, and
teachers on care and use of assistive equipment including strategies
to minimize loss and damage.

4.1.1.5 Fit and dispense hearing aids and related personal equipment in
coordination with student families and their insurance companies.

4.1.1.6 Manage District-owned audiological technology equipment
including training, repairs, distribution, and storage.

4.1.1.7 Participate as part of student education support teams and provide
recommendations for classroom accommodations and
communicative strategies.

4.1.2 Contact the special education program in the District to set up testing dates
and locations.

4.1.3. Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:
4.2.1 Coordinate with ESD112 to assist with setting up testing dates and
locations for comprehensive hearing assessments (Section 4.1.1.1 above).
4.2.2 Provide point of contact for communication with the ESD112 Audiologist
regarding:
4.2.2.1 Audiological technology equipment purchase, replacement, and/or
repair costs.
4.2.2.2 Coordinating and scheduling van visits, including obtaining
appropriate consent from families prior to testing.
4.2.3. Pay ESD112 in accordance with Section 3 above.

3: Agreement Contacts.
(continued on next page)

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

5. Agreement Contacts.

es
SIGNATURE AUTHORITY / NOTICE aaieaneneae
(ce
| Position: | Interim Superintendent ____—|_| Superintendent
|Phone: [360.954.3005 || 360.750.7500
|Email: | aaron.hansen@washougalsd.org |_| tim.merlino@esd112.0rg_ |
po PROGRAMCONTACTS
|Name: | ConnorMcCroskey | | Colleen Wahto

Pens Director of Special Education Health Services Director, Specialized
Student Services

Phone: | 360.954.3021 | | 360.952.3577,
Email: } connor.mccroskey@washougalsd.org |_| colleen.wahto@esdl12.0rg |
FISCAL / BUDGET CONTACTS |
[Nome [KrisGrindy || Oksana Balaban
| Position: | Business Services Officer |_| Budget Analyst
Phone 360.954.3003 SS~*~dt«*dt 0.95.36
|Email: | kris.grindy@washougalsd.org __|_| oksana-balaban@esd112.0rg_ |
ACCOUNTING / BILLING CONTACTS |
|Name: | KimGoodrich || Christy Stalcup
| Position: | Accounting Manager |_| AR Specialist I
Phone) 360.954.3006 —S~d«*di 00.95.3490
|Email: | kim.goodrich@washougalsd.org |_| christy.stalcup@esd112.0rg |

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25013-027
Audiology Cooperative Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

CAREER CONNECT SOUTHWEST

To provide support to Career Connect Southwest program services for the purposes of

expanding career connected learning across K-12.

Agreement Number: 25106-027
Agreement shall not exceed $5,668.00.

Agreement Period Invoice Schedule: To be billed $1,417.00 per

Initial Term Start: September 1, 2024 quarter: September 1, December 1, March 1,

Initial Term End Date: August 31, 2025 | June 1 (or starting with the effective date)
Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 2408 81 5230 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUS SVC APPROVAL districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.
1.1. ESD112 and the District are entering into this Agreement for the purpose of

providing services from Career Connect Southwest, a program of ESD112.
Career Connect Southwest services support expanding career-connected
learning across K-12.

1.2.‘ The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

2. Term.

2.1 Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

2.2. Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.
3.1 Agreement Amount. The District shall pay ESD112 an amount of $5,668.00

for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

3.2 Invoicing. ESD112 shall invoice the District in quarterly installments of
$1,417.00 on each of September 1st, December Ist, March 1st and June 1*, or
starting with the effective date of the Agreement.

3.3 Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

3.4 Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1

4.1.2

Develop and lead regional network strategic plan, communication
strategies and activities. Communicate strategic plan process and outcomes
regularly with each district.

Convene quarterly regional Governance board meetings, co-develop
agendas with board chairs, manage invitation lists and prepare minutes and
budgets for approval. Oversee the function and reporting of regional work
groups, including Advisories.

Communicate opportunities for school-industry partnerships via website,
social media and newsletters.

Collect data and report regional network impact of the state of Washington
(network functions).

Meet with each District annually to develop a work plan tailored to their
needs and priorities as they align to the Network’s Strategic Plan.

Provide direct support to educate teachers, school counselors, career
specialists and administrators on the CCW framework, implementation
strategies, and resources available and CCW/CTE data collection, reporting
and measurement protocols.

Support in developing cooperative and instructional internships for student
and business connection.

Coordinating with districts and intermediaries to host job fairs, workshops,
activities, and provide presentation on CCW, CTE Graduation Pathways
and Programs, and Career Launch opportunities.

Facilitate business outreach, matched to classroom needs, for all CCL
events (Project-Based Learning “PBL”, flipped internships, guest speakers,
etc.). Provide technical assistance to school districts to develop new and
grow existing CCL programs (with an emphasis on Career Launch).

4.1.10 Work directly with district to build programs and ensure consistent

communication to support increased use of statewide equivalencies, dual
credit agreements, industry certificates, and paid work experience to
support increased opportunity for students.

4.1.11 Provide technical assistance to district partners to develop new CTE

courses and programs of study that allow for new graduation pathways.
Provide technical assistance for CTE compliance including
reviewing/modifying course frameworks, providing data support and
convening regional General Advisory Councils. Co-lead the
Comprehensive Local Needs Assessment at the discretion of the SW WA
CTE Directors. Provide assistance with applying for Perkins Funding.

4.1.12 Support districts in navigating, applying for and access funding available to

support the goals in the regional Network’s Strategic Plan.

4.1.13 Invoice the District in accordance with Section 3 above.

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

4.2 Responsibilities of the District. The District shall:

4.2.1 Assign a point of contact from the District to serve on one or more
regional working groups, as well as an executive point of contact to work
with the Governance board for the network.

4.2.2 Schedule an annual review with Network staff to ensure that district is
able to access deliverables listed above.

4.2.3. Communicate clearly with students, teachers, administrators and families
the opportunity to participate in Network activities. Allow Network staff
to share directly with stakeholders who may benefit from Network
services in your district.

4.2.4 Support the collection of data for reporting to statewide organizations.
Provide non-FERPA related student data on career-connected learning if
district participates in Network-funded activities.

4.2.5 Discuss any additional services that are needed that are beyond the scope
of the Agreement and have the additional services and the amount
addressed in a signed contract Amendment in accordance with Exhibit B,
Section 3.

4.2.6 Pay ESD112 in accordance with Section 3 above.

Modifications to Exhibit B, General Terms and Conditions. The following
modifications are made to General Terms and Conditions in Exhibit B as directed by
the Career Connect Southwest Collaboration Service Agreement.

5.1 Exhibit B, Section 4 Termination and Damages. (Modifications indicated by
red underline for readability):

Notice of intent to cancel a financial contract must be provided by May 1 of
the year prior to intended cancellation.

expensesHicutredipto-the- cite this Aerecientis-ternited Fees-owed

Agreement Contacts.
(Continued on next page)

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

| SIGNATURE AUTHORITY /NOTICECONTACT-Required
|Name: | AaronHansen | TimMerlino
| Position: | Interim Superintendent |_| Superintendent
|Phone: _|360.9543005 || 360.750.7500
|Email: | aaron.hansen@washougalsd.org __|_[tim.merlino@esdl12.org_
|Name: | AaronHansen | VickeiHrdina

Position: Director, Career Readiness & STEM
Same as above Initiatives

FISCAL / BUDGET CONTACTS
Name [KrisGrindy |= Anthonyarell ————SSC—~*Y
Posions | Business Services Officer |__| Business Services Analyst ———|
Phone: | 360.9543003 ——=—S~S~S:«=*rzS0SBIOTDSC*”
[matt [kris grindy@washougalsd.org | [anthony jareli@esdt org |
[Name [KimGoodrich _——————~|—| Christy Stleup——S~™
Posivons | Accounting Manager| _[ARSpecialisstX __——~i
Phone: | 360.954.3006 —~—~S~S=i 300.952.3490 —SSSSSSCSC*
[Ema | kim goodrich@washougalsd.org | [christy staloup@esdTI2org |

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25106-027
Career Connect Southwest

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way Washougal, WA 98671-9176 hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO. 112-06

AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO. 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

CERTIFICATION SERVICES

To provide certification services, including consultation and support to District applicants

and employees who are applying for teacher, educational staff associate (ESA), or

administrator certificates, or are maintaining or renewing certificates.

Agreement Number: 25118-027 Financial Terms: Payments under this
Agreement shall not exceed $1,816.79 ($0.66 per
FTE

Agreement Period Invoice Schedule: To be billed annually,
Initial Term Start: September 1, 2024 by May 15, 2025.

Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
Eee perenerene i SIGNATURE:
DEPT APPROVAL M. Kreuder Send scanned copy of Agreement with

BUDGET APPROVAL _ S. Leonard executed signature by email to:


Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

BUSSVC APPROVAL _ J. Taisacan-Vilante districtcontracts@esd112.org

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing certification services for the District under a cooperative model.
The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $1,816.79
calculated as $0.66 per FTE, based on the District's FTE numbers from the
Office of the Superintendent of Public Instruction (OSPI) Report 1251 as of
April 1, 2024, for services provided under this Agreement as described in
Section 1.1 above and Section 4 below.

Invoicing. ESD112 shall invoice the District for the total balance due in 3.1
above by May 15, 2025. Invoices shall be paid within thirty (30) days of
receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1 Make certification services available five (business) days a week, twelve
months of the year, except on calendared holidays or days ESD112 is
closed to the public. Services may be subject to change pursuant to
written agreement in accordance with Exhibit B, Section 3.

4.1.2 Provide consultation and support to District applicants who are applying
for teacher, ESA or administrator certificates, or maintaining or renewing
certificates.

4.1.3. Provide consultation and support to District employees or prospective
employees regarding testing requirements, continuing education
requirements, permit and certification fees, and use of online application
systems.

4.1.4 Work with District applicants to successfully complete applications, in
person, or via phone or email.
4.1.4.1 Provide a computer which applicants may use at ESD112 for

online applications.
4.1.4.2 Scan and upload documents which are required to be submitted
with an educator’s application (i.e. transcripts).

4.1.5 Evaluate applications and issue temporary permits and certificates as
authorized by the Office of the Superintendent of Public Instruction
(OSPI).

4.1.6 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:
4.2.1. Discuss any additional services that are needed that are beyond the scope
of the Agreement and execute mutually agreed-upon amendments to this
Agreement in accordance with Exhibit B, Section 3.
4.2.2 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

= THE DISTRICT a ESD 112

SIGNATURE AUTHORITY / NOTICE CONTACT-Required |
|Name: | AaronHansen || TimMerlino
Position: | Interim Superintendent | [Superintendent
360.954.3005 |_| 360.750.7500

[Email | aaron.hansen@washougalsd.org | [timmerlino@esdi Tog
[SSSSSSSCSPROGRAMCONTACTS——SSS~*d
Famer [AaronHlansen_————_—*|_‘[ Chelsea Jacobson
[Posidons | Sameas above | [Employment Manager

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

Phos [SSC~“C~“~*~*~*~*~*~*YC«C*dS OSI
fimait. [| [ Chelsea jacobson@esdi org
| ~s~*t~*~=“‘“‘“‘“‘éaRISCALBUDGETGONTACTSN Cd
Fame: —[KrisGrindy _———_~| [Samantha Leonard
Posion | Business Services Officer | [HRSpecialiss SSS
Phone: | 360.9543003 _———SSSS* «360 750.7508
Femail: | ris grindy @washougalad.org | | Samantha leonard@esdiTZong
[~CACCOUNTING/BILLING CONTACTS. Sd
[ame [KimGoodrich ‘|_| ChristyStaloup
Posivons | Accounting Manager| [ AR Specialise
Phone: —] 360.9543006 ——SS~d~«*di 8609523490 SSS
[Email | kim goodrich@washougalsd.org | [christystaleup@esdiT2.org
EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1 This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2: General Responsibilities of the Parties. ESD112 and the District shall:

2.1 Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

2.2 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 | Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

5.1 Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.

5.2 Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.

5.3 Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.

5.4 Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

5.5 Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

5.6 Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

5.7

5.8

5.9

5.10

5.11

create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

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Washougal School District No. 112-06
Agreement No. 25118-027
Certification Services

5.12

5.13

5.14

5.15

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party
waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http://www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

CLARK COUNTY SCHOOL MOBILIZATION ASSISTANCE RESPONSE TEAM

(SMART)

To provide the District with services to support utilization of the Clark County School

Mobilization Assistance Response Team, coordinated by ESD112.

Agreement Number: 25119-027 Financial Terms: Payments under this
Agreement shall not exceed $3,027.98.

Agreement Period Invoice Schedule: To be billed annually,

Initial Term Start: September 1, 2024 September 2024.

Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 8976 81 5240 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUSSVC APPROVAL JTV. districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing the District with services to support utilization of the Clark County
School Mobilization Assistance Response Team (SMART), as coordinated by
ESD112. The provision of educational, instructional or specialized services in
accordance with this Agreement will improve student learning or
achievement.

The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $3,027.98
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in full annually, September 2024.
Invoices shall be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1 Provide training and consultation to participating Clark County school
districts’ staff regarding school mobilization assistance and response, as
requested by the District.

4.1.2 Coordinate mobilization and response efforts for participating Clark
County school districts, as requested by the District.

4.1.3 Manage and update the SMART database of trained responders.

4.1.4 Report on SMART activities to participating district superintendents via
the Clark County Safe Schools Task Force.

4.1.5 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:
4.2.1 Identify a contact person to coordinate with the ESD112 SMART
Coordinator on SMART matters for the District.
4.2.2 Discuss any additional services that are needed that are beyond the scope
of the Agreement and execute mutually agreed upon amendments to this
Agreement in accordance with Exhibit B, Section 3.
4.2.3 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

| SIGNATURE AUTHORITY /NOTICECONTACT-Required
|Name: | AaronHansen || TimMerlino
Position: | Interim Superintendent _____|_| Superintendent
|Phone: | 360.954.3005 || 360.750.7500,
|Email: | aaron.hansen@washougalsd.org |_| tim.merlino@esdl12.0rg
po PROGRAMCONTACTS

PROGRAM CONTACTS

|Name: | AaronHansen |_| Denise Dishongh

= Director Behavior Health and
—— as above a School and Safety Center
| [360.952.3644 = sd

een

FISCAL / BUDGET CONTACTS

Kris Grindy | | Brandon Denny
| Position: | | Position: | Business Services Officer || Budget Analyst

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

|Phone: | 360.954.3003 || 360.952.3399
|Email: | kris.grindy@washougalsd.org _|_[ brandon.denny@esd112.0rg
| ACCOUNTING /BILLINGCONTACTS
|Name: | KimGoodrich || Christy Staleup

Accounting Manager | | AR Specialist II
360.954.3006 |_| 360.952.3490
kim.goodrich@washougalsd.org | | christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25119-027
Clark County School Mobilization Assistance Response Team (SMART)

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT (NON-RENEWING)
FISCAL YEAR 2024-2025

IS D Gp Gp a EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

CLOCK HOUR SERVICES

The purpose of this Agreement is to provide clock hour services to the District.

Agreement Number: 25027-027 Financial Terms: Payments under this
Agreement shall not exceed $4,409.20, based on
student enrollment (see Exhibit A, Section 3.1).

Agreement Period Invoice Schedule: To be billed in full, October

Initial Term Start: September 1, 2024 2024.

Initial Term End Date: August 31, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions
ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 1684 81 5200 SIGNATURE:
DEPT APPROVAL Send scanned copy of Agreement with

BUDGET APPROVAL executed signature by email to:
BUS SVC APPROVAL districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

Purpose.

1.1

1.2

ESD112 and the District are entering into this Agreement for the purpose of
designating ESD112 as an approved clock hour provider for the District.

The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Term. This Agreement shall be effective September 1, 2024 and continue until the
earlier of the date both Parties have satisfied their obligations set forth in this
Agreement, the date the Agreement is terminated in accordance with Section 4 of
Exhibit B, or August 31, 2025.

Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an annual fee of $1.60 per
student FTE for services provided under this Agreement as described in
Section 1.1 above and Section 4 below, calculated based on student FTE.

3.1.1 Student FTE shall be based on the District’s March 2024 student count as

reported on Report 1251 “Summary of Full-Time Equivalent Enrollment as
Reported on Form P223 for the School Year ending 2024” to the Office of
the Superintendent of Public Instruction.

3.1.2 Individual employees of the District shall not be required to pay ESD112

for clock hours.
Invoicing. ESD112 shall invoice the District in full by October 2024. Invoices
shall be paid within thirty (30) days of receipt.
Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.
Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:

4.1

Responsibilities of ESD112. ESD112 shall:

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Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

4.1.1. Process completed proposals for clock hour classes/workshops through the
regional clock hour committee.
4.1.2 Use the pdEnroller platform for managing services under this Agreement,
including pre-approval of District proposals and District event catalog.
4.1.3. Provide verbal and/or written technical assistance for pdEnroller.
4.1.4 Process and certify clock hours for all District participants for all ESD112-
sponsored courses.
4.1.5 Provide District access to staff pdEnroller transcripts.
4.1.6 Provide all state-required recordkeeping for the District and its
participants.
4.1.7 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:
4.2.1 Designate a primary District contact for ESD112 staff regarding services
under this Agreement.
4.2.2 Discuss any additional services that may be needed that are beyond the
scope of this Agreement, and execute mutually agreed upon amendments
to this Agreement, consistent with Exhibit B, Section 3.
4.2.3. Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

|] mesmicr fT
[SIGNATURE AUTHORITY [NOTICE CONTACT Required =
PRamer [Aaron Hansen |_| Tim Merling

FPosions | interim Superintendent |_| Superintendent ———SS—S
Phone: 360.9543005_——~—S*d«d' 360.750.7500 —SSSSSS—*S
[Email | aaron-hansen@washougalsd.org | [tim.merlino@esdl12.0rg |
[Ramer [Aaron Hansen | «[ Mike Nerland SSCS

Position: Assistant Superintendent, Teaching &
Same as above Learning

[Wame: [KrisGrindy ——————*(|-‘[AnthonyJarrell
Posion | Business Services Officer |_| Business Services Analyst
Phone: | 360.9543003 —=—S~w~«*iiSOSSSBOT
[Eimai: | kris grind @washougalsd.og | [anthony jareli@esdi Zorg
[Name [KimGoodrich _—————*|-‘[ ChristyStaloup
Posi | Accounting Manager| _[ AR Specialist

Phone: | 360.9543006 _——~S~:«d 3609523490 SSS

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Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

| Email: | kim.goodrich@washougalsd.org | | christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1

1.2

This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1

2.2

2.3

2.4

2.5

2.6

Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.
Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

Obtain and maintain general liability coverage, including contractual liability and
automobile coverage in an amount not less than $1,000,000 per occurrence. The
Parties shall, upon request, provide each other suitable evidence of the coverage
required.

Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided

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Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

Termination and Damages. This Agreement may be terminated by either party by
providing the other party thirty (30) days written notice of intent to terminate. If this
Agreement is terminated, the District shall pay ESD112 for all work performed and
expenses incurred up to the date this Agreement is terminated. Fees owed following
termination shall be paid within thirty (30) days of receipt of an invoice.

General Provisions.

5.1 Assignment. Neither this Agreement nor any interest therein may be assigned
by either party without the prior written consent of the other party.

5.2 Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.

5.3 Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.

5.4 Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

5.5 Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and Prevention
(CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

5.6 Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.

5.7. Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause

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Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

5.8

5.9

5.10

5.11

5.12

beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non-Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.

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Washougal School District No. 112-06
Agreement No. 25027-027
Clock Hour Services

5.13

5.14

5.15

Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party
waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/Awww.sam.gov/SAM/) and that they are not presently debarred, suspended,

proposed for debarment, or declared ineligible or voluntarily excluded for the award of
contracts by any Federal governmental agency or department. ESD 112 and the District
shall provide immediate written notice to each other if, at any time during the term of this
Agreement, including any renewals hereof, the Parties learn that this certification has
become erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06
AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

COMMUNICATIONS RETAINER SERVICES

To provide communication services on retainer to the District, as requested under the
service package plan.

Agreement Number: 25002-027 Financial Terms: Payments under this
Agreement shall not exceed $8,350.00, plus
travel at actual cost (refer to Exhibit A, Section
3.1 and 3.2)

Agreement Period Invoice Schedule: To be billed in quarterly

Initial Term Start: September 1, 2024 installments of $2,087.50 plus any direct

Initial Term End Date: August 31, 2025 | expenses incurred on behalf of the District:

Nonrenewal Notification: May 1, 2025 September 2024; December 2024;

March 2025; June 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 6804 81 5630 SIGNATURE:



Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

DEPT APPROVAL Monique Dugaw
BUDGET APPROVAL Yolanda Rivera
BUSSVC APPROVAL __ Jenny Taisacan-Vilante

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Page 2

Send scanned copy of Agreement with
executed signature by email to:
districtcontracts@esd112.org


Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.
1.1. ESD112 and the District are entering into this Agreement for the purpose of

providing communication staff professional services to the District under a
retainer fee arrangement, as requested under the service package plan (see
Section 4.1.1 below).

1.2.‘ The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

2. Term.

2.1 Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

2.2. Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.
3.1 Agreement Amount. The District shall pay ESD112 an amount of $8,350.00

base retainer for up to 73 hours for communications services provided under

this Agreement as described in Section 1.1 above and Section 4 below.

3.1.1 Expenses for travel shall be billed at cost and shall be incurred in
compliance with ESD112’s Travel Reimbursement Policy, available on
ESD112’s website at https://www.esd112.org/wp-contentuploads/6213-
AC. pdf

3.2 Invoicing. ESD112 shall invoice the District in quarterly installments of

$2,087.50 in September 2024, December 2024, March 2025 and June 2025.

Invoices shall be paid within thirty (30) days of receipt. Direct expenses

incurred for the District shall be approved by the District prior to expenditure

and billed at cost plus 9% administrative fee.

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

3.3

3.4

3.5

3.2.1 Invoices shall include any expenses for travel reimbursement (Section
3.1.1 above) and shall include original receipts, if applicable, and
supporting documentation for the expense reimbursement request.

Additional Services. Additional services requested beyond the scope of the

service package plan developed under Section 4.1.1 below for the annual

retainer fee, as identified in Section 3.1 above, shall be billed at a rate of one
hundred and fifteen dollars ($115.00) per hour.

Budget. A separate budget for services under this Agreement is not necessary

and therefore is not being prepared. Expenses and revenues shall be

addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection

with the obligations under this Agreement, including but not limited to

equipment, materials, supplies and funds, shall be owned and retained by

ESD112, both during the term of this Agreement and after the Agreement is

terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following

obligations for delivery of services under this Agreement:

4.1

4.2

Responsibilities of ESD112. ESD112 shall:

4.1.1 Design and implement a communications service package plan as
mutually agreed by ESD112 communications professional staff and the
superintendent of the District, or their designee.

4.1.2 Coordinate and deliver internal and external communication activities
as outlined in the agreed-upon service package plan developed under
Section 4.1.1 above.

4.1.3 Provide the District Superintendent with a quarterly summary of hours
used and available hours remaining on the Agreement against the
retainer balance (Section 3.1 above).

4.1.4 Invoice the District in accordance with Section 3 above. ESD112 shall
obtain District approval prior to incurring any direct expenses on behalf of
the District, to be invoiced per Section 3.2 above.

Responsibilities of the District. The District shall:

4.2.1 Identify a director or immediate supervisor to whom ESD112
professional staff shall be responsible.

4.2.2 Provide District staff participation and support, as required, by the
agreed-upon service package plan scope of services (Section 4.1.1
above).

4.2.3 Discuss any additional services that are needed which are beyond the
scope of the Agreement and service package plan (Section 4.1.1 above)

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

and execute mutually agreed upon amendments to this Agreement in
accordance with Exhibit B, Section 3. Additional services shall be billed
in accordance with Section 3.3 above.

4.2.4 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.
Continued on next page

ee ee
[7 TSIGNATURE AUTHORITY [NOTICE CONTACT Required =
Name; [Aaron Hansen || TimMerlinn ——SSSS—~S
[Posidon’ [Interim Superintendent | [Superintendent ——SSS—=S
Phone: 3609543005 _——~—~S~d«*d' 300.750.7500 —SSSSSSSC*S
[Emai: | saron-hansen@washougalad.org | [timmerlinogesdi ior |
[SSSSSCSCSPROGRAMCCONTACTS—SsC=“‘“‘CSCS*
[SCAR BUDGET CONTACTS. SSC*S
[Name [KrisGrindy —————S—*|:«*( Yolanda Rivers SSCS
Posidons | Business Services Officer | Administrative Assistant |
Phone: 3609543003 —=S~S~sS~«‘i SD SBSSSSSCSC*
[Email [kris grindy@washougalodiorg | [yolanda rivera@esdlI2org |
CACCOUNTING/BILLING CONTACTS. SSS
[Name [KimGoodich —————*|—*([ ChristyStaloup—SCS~S~«~S
PPosidons | Accounts Payable Officer | [AR Specialist I

Phone: 3609543006 —=—S~S~S~w:«*di 0 9SD.BHND.——SCSC~C~*‘“~*~*
[Email | kim,goodrich@washougalsd.org | [christystaleup@esdli2.0rg |

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25002-027
Communications Retainer Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING
SERVICES

ES D Gp Gp & FISCAL YEAR 2024-2025

EDUCATIONAL SERVICE DISTRICT NO 112
2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.
IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06
AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

COOPERATIVE INFORMATION MANAGEMENT SERVICES

To provide the District with cooperative data processing, software, and support services as

mutually deemed acceptable to the District and ESD112 through the Southwest

Washington Regional Service Center (SWRSC).

Agreement Number: 25000-027 Financial Terms Payments under this
Agreement shall be billed monthly based on
monthly 1251 FTE report and the Exhibit C fee
schedule.

Agreement Period Invoice Schedule: To be billed in twelve equal
Initial Term Start: September 1, 2024 installments.

Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this signature page and the following exhibits,
which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

Exhibit C: Member Service Options & Description of Services
Exhibit D: Description of Services



Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 6412 71 5310 SIGNATURE:

DEPT APPROVAL G Hottman Send scanned copy of Agreement with
BUDGET APPROVAL = GHottman executed signature by email to:
BUSSVC APPROVAL _JTV districtcontracts@esd112.org

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

3.

EXHIBIT A
TERMS FOR SERVICES PROVIDED
Purpose.
1.1. ESD112 and the District are entering into this Agreement for the purpose of

1.2

Term.

2.1

2.2

providing the District with cooperative data processing services, software, and
support services, as set forth in Exhibit C to this agreement (“Services”) and as
mutually deemed acceptable to the District and ESD112. Service shall be
delivered through the Southwest Washington Regional Service Center
(SWRSC) in partnership with ESD 105, ESD 171 and other authorized
partners.

The provision of educational, instructional, or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

Finance, Budget and Property.

3.1

3.2

Agreement Amount. The District shall pay ESD112 monthly based on 1251
FTE enrollment report for services provided under this Agreement as
described in Section 1.1 above and Section 4 below.

Invoicing. ESD112 shall invoice the District in twelve (12) installments.

Invoices shall be paid within thirty (30) days of receipt.

3.2.1 Fees shall be based on the District’s current year average annual full-
time equivalent (“AAFTE”) student enrollment and the monthly
invoices shall use the reported AAFTE from the 1251 FTE Report. The
final invoice sent in August will reflect the actual AAFTE for the
completed school year. If the AAFTE is less than 275, then fees shall be

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

based upon “Minimum for districts under 275 AAFTE” as set forth in
Exhibit C “Member Service Options”.

3.2.2 In each annual billing cycle, the District’s first monthly payment is due
October 31 of each year and the last monthly payment is due August
31. The final adjustment to AAFTE for the fiscal year shall be
completed with the August invoice.

3.3 Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

3.4 Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies, and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations:

4.1 Responsibilities of ESD112. ESD112 shall provide computer processing
support services, software support, and product coordination services to the
District as set forth in Exhibit C and D, collectively referred to as “Services”.
Services and the corresponding fees for services are subject to change annually,
provided that the District and the Executive Advisory Committee is given
notice of such annual change at least sixty (60) days prior to its effective date.
4.1.1 Support. ESD112 shall provide direct support to designated District

staff. Support will be categorized by Tiers. If a Tier cannot resolve an

incident, it is escalated until it is resolved. Incidents will be reported to

ESD112 using a web-based service tracking system (FootPrints).

However, to expedite critical incidents, District may also use phone,

email or other means of communication to increase the visibility of

issue to ESD112. Normal hours of operation are Monday-Friday, 8:00

am—4:30 pm.

4.1.1.1 Tier I Support. The District shall be responsible for Tier I
support. The District shall attempt to make initial remedy of
incidents. If the issue cannot be resolved, designated District
staff shall contact ESD112 for Tier II support.

4.1.1.2 Tier II Support. ESD112 shall provide Tier II support and shall
perform analysis and investigate the cause and, if possible, provide
the District the remedy for an incident. If the incident cannot be
resolved by Tier II support, ESD112 shall contact Washington

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Washougal School District No. 112-06
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Cooperative Information Management Services

School Information Processing Cooperative, or “WSIPC”, for Tier
III support.

4.1.1.3 Tier III Support. WSIPC is the final escalation of issues and
incidents that impact District usage of Software. The Tier III role
is performed by WSIPC and external vendors, including analysis
and investigation of application incidents, and infrastructure
troubleshooting. Resolution might include defect correction, data
manipulation, program analysis, and hardware replacement.
4.1.2 Performance Standards. Service incidents received from the District
are assigned a severity level depending on the nature of the issue and its
impact on the District. An initial severity level is assigned to each
incident when it is received. Severity levels are defined as:
4.1.2.1 Critical. A Critical Severity level is assigned to an incident that
has one or more of the following conditions: (a) production has
stopped, (b) the District cannot continue work, (c) data is corrupt,
(d) financial controls are impaired, (e) or system security has been
compromised. Initial response time for a Critical Severity level
issue received during normal working hours is thirty minutes.
After normal working hours response time will be longer because
there is no telephone or email coverage during these hours.

4.1.2.2 High. A High Severity level is assigned to an incident that has one
or more of the following conditions: (a) productivity is
significantly impaired but is proceeding, (b) a work stoppage may
occur if the incident is not resolved quickly, (c) the incident
affects, or is of concern to, a majority of school districts in the
region (or state), (d) the incident may cause a security problem if
not resolved quickly, (e) or private information may be disclosed if
the incident is not resolved quickly. Initial response time for a
High Severity level issue received during normal working hours is
two hours. After normal working hours response time will be
longer because there is no telephone or email coverage during
these hours.

4.1.2.3 Normal. A Normal Severity level incident only modestly reduces
productivity.

4.1.2.4 Resolution of Issues. ESD112 and WSIPC will work diligently to
resolve all Critical and High Severity incidents. Due to the
complexity of certain incidents, a formal guarantee of resolution
cannot be provided. ESD112 and WSIPC shall work extended
hours to resolve a Critical Severity level incident.

4.1.2.5 Extended work hours require the District who originated the
incident to remain available and participate in resolution of the
incident.

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Cooperative Information Management Services

4.2

4.1.3

4.1.4

Confidentiality of Data. All materials furnished to ESD112 by the
District pursuant to this Agreement, including but not limited to source
data, computer files, reports, listings, and computer programs, shall not
be disclosed to third parties except as provided herein, or as required by
law, or otherwise by written consent of the District.

ESD112 shall invoice the District in accordance with Section 3 above.

Responsibilities of the District. The District shall:

4.2.1

4.2.2

4.2.3

4.2.4

4.2.5

4.2.6

4.2.7

4.2.8

Pay ESD112 the annual fee set forth in Exhibit C and in accordance with
Section 3 above.

Be responsible for the input and management of District data into the
programs supported by ESD112.

Provide a single point of contact for administrative authorizations
(security) and software application support and shall act as the primary
contact with ESD112 in matters pertaining to Services, including
emergency support notifications.

Attempt to resolve issues related to use and support of Services. If issues
cannot be resolved by District staff, it shall be escalated to ESD112 by the
single point of contact assigned by the District.

Recognize that ESD112, including WSIPC and authorized partners,
requires access to production and test Skyward fiscal and student
databases, or any derivatives thereof, utilized by the District in order to
deliver Services to the District. Therefore, the District agrees to provide
full production and test database access to ESD112 personnel directly
engaged in the support and delivery of Services to the District

Not disclose or make available any software or documentation associated
with the Services to any parties or persons not using Services on behalf of
the District. The District agrees to safeguard all proprietary materials
being provided under this Agreement and shall not change, modify, or
alter any software without prior written permission, nor infringe on or
violate any vendor license agreement entered into on their behalf.
Negotiate with ESD112 an amount to be included in a contract addendum
for any services beyond the scope of this agreement, either requested by
the District or required by ESD112.

Be responsible for making reasonable accommodations for District staff,
including any modifications or adjustments to a job or the work
environment, that will enable an employee with a disability to participate
in Services delivered or to perform essential job functions related to
Services. If for any reason the District fails to provide a reasonable
accommodation that is necessary for receipt of the service provided by
ESD112 and ESD112 provides an accommodation, the District shall pay
ESD112 for the costs ESD112 incurs to provide the accommodation.

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Washougal School District No. 112-06
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Cooperative Information Management Services

5; Agreement Contacts.
(Continued on next page)

|| taepisrercr[]
[SIGNATURE AUTHORITY [NOTICE CONTACT Required
Famer [Aaron Hansen | «[TimMerling
[Posion | Interim Superintendent | | Superintendent
Phone: | 360.954.3005 ——SS~ «Sd; 860.750.7500
[tima: — | aaron hansen@washougalsd. org | | timmerino@esdl Zorg
pSSSSC#PROGRAMCONTACTS——SSSC*d
[Name [KrisGrindy —————*|~=| Gavin Hottman
Posi | Business Services Officer |_| CFO/Assistant Superintendent
Phone: | 360.9543003 —SSS~wS«*d DST
[Emit [ kris grindy(@washougalsdorg | | gavin hottman@esdi Zorg
[SSSSSSSCSISCAL/BUDGETCONTACTS Sd
PWame: [KrisGrindy —————————*|«| Gavin Hottman
Posion | Business Services Officer |_| CFO/Assistant Superintendent
Phone: | 360.9543003 —SSCSC~S~sS~«i SDS
[Emit [ kris grindy(@washougalsdorg |_| gavin hottman@esdi Zorg
[SC ACCOUNTING/BILLINGCONTACTS.

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

Kim Goodrich | Christy Stalcup
Accounts Payable Officer | AR Specialist II

360.954.3006 |_| 360.952.3490
Kim. goodrich@washougalsd.org | christy.stalcup@esd112.org

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Washougal School District No. 112-06
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Cooperative Information Management Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1

1.2

This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34.030 and provisions that authorize
educational service districts and school districts to contract with each other for
services, specifically 28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and
28A.320.035.

A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1

2.2

2.3

2.4

2.5

2.6

Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD 112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.
Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ boards of
directors.

Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to the services ESD112 is obligated to provide or fees the District
is obligated to pay shall be addressed in signed amendments to this Agreement, provided

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

forty-five (45) days before the amendment is to take effect, unless otherwise mutually

agreed.

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

5.

General Provisions.

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.
Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to

comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

5.10

5.11

5.12

5.13

5.14

indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District agree not to discriminate on the basis of race, color,
creed, religion, national origin, citizenship or immigration status, age, sex,
gender expression or identity, sexual orientation, genetic information,
honorably discharged veteran or military status, marital status, family/parental
status, income derived from a public assistance program, political beliefs, non-
job-related physical, sensory, or mental disabilities, use of a trained guide dog
or service animal, or reprisal or retaliation for prior civil rights activity.
Inquiries regarding compliance and/or grievance procedures for ESD112 may
be directed to ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party
waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/Awww.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

EXHIBIT C
MEMBER SERVICE OPTIONS

Member Services Options:
Full Fiscal Services and Student Services

I._ Full Services (for AAFTE > 20,000) ..........c.ccsscecsssceesseceesseceesseceesseeeenes $41.20 / AAFTE / year
II. Full Services (for AAFTE > 10,000 to 20,000)............cccscsseeseeeteeseeesees $44.32 / AAFTE / year

III._ Full Services (for AAFTE > 4,000 to 10,000)............ccecsseceesseeeesseeeeees $46.78 / AAFTE / year
IV.X Full Services (for AAFTE 276 to 4,000)..........ccccssecsscessceeseeesseesseceeees $48.46 / AAFTE / year
V._ Full Services Minimum for districts under 275 AAFTE occ eeeeeeeeees $13,327.00 / year

Fiscal Services Only

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

I. _ Fiscal Minimum for districts < 275 AAFTE ......ccscescssseeceeeeeseeeeeceeeeeaeeees $13,327.00 / year
oO Fiscal Only Services:
a. __ Full Services (for AAFTE > 20,000)..........ccccccsccscssecssecsseeseesssesecesees $36.98 / AAFTE / year
b. _ Full Services (for AAFTE > 10,000 to 20,000)............cccecssecsseceseeeeees $40.10 / AAFTE / year
c. __ Full Services (for AAFTE > 4,000 to 10,000)............ccccecsecsseceseeeees $42.56 / AAFTE / year
d. _ Full Services (for AAFTE 276 to 4,000).............c:cccsscesssesscesseceseeesees $44.24 / AAFTE / year
e. _ Full Services Minimum for districts under 275 AAFTE ...........000 $48.46 / AAFTE / year
Student Services Only

T. _ Student Services Only... ceceeesceseesesseeceenseseseeeeeeeeeseeceecseeeeaeeeeeeees $34.00 / AAFTE / year

Il. _ Student Minimum for districts < 275 AAFTE oo... ccccccccccccccccccceveceeeeevevees $9,350 / year

Miscellaneous Services (available to members on a contract basis)

I, Report Desion.and DevelopiieiG secsenconssmonsasnsenneosensesmommmunanonsmencenserserorsnanaetemenses $90.00/hour
TL.CEDARS Suppotrt......ccssssssssssssseseseseeseseseseseseseeecseneneecsceaeseaeseseseeeesenenesceaeaeeeeeeeeeeaeaeeees $90.00/hour
III.Payroll Transition and Mentoring
SEYVICES.. 0... eee eee ee eee eee eee eee tence eee eenen eens $90.00/hour
IV.Customized Research, Program Analysis & Design ............ (contact ESD112 for a quote)
EXHIBIT D

DESCRIPTION OF SERVICES

1. Fiscal Management System Services.
1.1. Provide fiscal coordinator services, including telephone, email, and onsite
suppott.
1.2. Provide classroom training on Washington School Information Processing
Cooperative (““WSIPC”) supplied software to users identified by the District.

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Washougal School District No. 112-06
Agreement No. 25000-027

Cooperative Information Management Services

1.3

1.4

1.5

Provide documentation as provided and delivered with WSIPC supplied
software and/or as modified by the Southwest Washington Regional Service
Center (“SWRSC”).

Provide designated print output services at SWRSC for designated pressure
sealed forms.

Software support for fiscal application systems services.

2. Student Management System Services.

2.1

2.2

2.3

2.4
2.5

Provide Student Management system coordinator services, including
telephone, email, and onsite support. Telephone and email support contact
shall be through designated District student support team members only,
unless otherwise agreed to by both parties.

Provide classroom training on WSIPC Student Management supplied software
to users identified by the District.

Provide documentation as provided and delivered with WSIPC supplied
software and/or as modified by the SWRSC.

Provide print output services at SWRSC.

Provide software support for Student Management application systems
services.

3. Following are Modules Supported by SWRSC, WSIPC and Authorized Partners
Skyward School Business Suite — SMS 2.0
e Account Management

e Accounts Payable

e Accounts Receivable

Bid Management
Budget Management
Calendars

Custom Forms

Data Mining

Employee

Employee Management
Employee Access

e Fast Track
e Fixed Assets

e General Inputs

e = Inventory
e Payroll

e Purchasing
e Salary Negotiations

e Security

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Washougal School District No. 112-06
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Cooperative Information Management Services

SkyBuild

SkyDoc

System Configuration
Task Manager

Time Off

Vendors

Year End Processing

Skyward School Business Suite — Qmlativ

Account

Accounts Payable
Accounts Receivable
Applicant Tracking
Application Programming Interface (API) (SaaS Offering)
Asset

Benefit Management
Budgeting

Custom Forms
Customization
Demographics
District

Employee

Employee Access
Employee Mobile App
Fixed Assets

Import Employee Third Party Data (SaaS Offering)
Message Center
Online Form

Payroll

Position

Process Management
Purchasing
Reporting

Security

Staff Planning
Substitute Tracking
System

Time Off

Time Tracking
Vendor

Warehouse
Workflow

Year End

Federal Reporting — Business

1099
1099NEC

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Washougal School District No. 112-06
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Cooperative Information Management Services

e 941
e Affordable Care Act (1095)
e = Civil Rights Data Collection (CRDC)
e EEOC
e W-2
Washington State Reporting — Business
e Budget Status Report
Child Support
County Treasurer
Department of Revenue Use Tax Accrual and ACH Addenda
F-195 SPI Budget File Extract
F-196 SPI Year End Extract
F-200 SPI Budget Extension Extract
S-275 Submission
Medicaid Administrative Match (SMS 2.0 only)
New Hire Submission

WA Leave and Care Reporting
e Quarterly Wage Detail
e Retirement Transmittal (DRS)
e School Employee Benefits Board (SEBB) Submission
e Standard Occupational Classification (SOC) Reporting
e Workers’ Compensation Report
Skyward Student Information System — SMS 2.0
e Academic Standards
Activities
Application Programming Interface (SaaS Offering)
Attendance
Busing

e Career Planning

e Current Scheduling

e §=Curriculum and Assessments
Curriculum Mapping (SaaS Offering)
Custom Forms

Data Mining

Discipline

Educator Access
Family Access
Fee Management

e Food Service
Future Scheduling
Grading
Graduation Requirements
Gifted and Talented
e Guidance
e Health Records
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Washougal School District No. 112-06
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Cooperative Information Management Services

Lesson Plans

Lockers

Message Center

New Student Online Enrollment (SaaS Offering)
Response to Intervention (SaaS Offering)
Secondary Gradebook
Section 504

Security

SkyBuild

SkyDoc

Skylert

Special Education
Special Programs
Staff

Standards Gradebook
Student Access
Student Demographics
Substitute Assignment
Survey

System Configuration
Task Manager
Textbooks

Year End Processing

Skyward Student Information System — Qmlativ

Activity

Application Programming Interface (API) (SaaS Offering)
Assessments

Attendance

Conference

Curriculum
Customization
Demographics

Discipline

District Configuration
Enrollment

Family Access

Family

Family Mobile App

Fee Management

Food Service

Gradebook

Grading & Report Cards
Graduation Requirements

Guidance

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Washougal School District No. 112-06
Agreement No. 25000-027
Cooperative Information Management Services

Health Services
Message Center
Multi-tiered System of Support (MTSS)
New Student Registration (SaaS Offering)
Online Forms
Process Management
Reporting
Scheduling

Security

Skylert

Special Programs
Staff

Student Access
Student

Student Mobile App
System Tools
Teacher Access
Teacher Mobile App
Transportation
Workflow

Year End Processing

Federal Reporting — Student

Civil Rights Data Collection(CRDC)
Federal Special Education Suspension-Expulsion Report

Washington State Reports — Student

Assessment of District Health Services

CEDARS (Comprehensive Education Data and ResearchSystem)
Food Service Verification Collection

Immunization Status Report — Preschool

Immunization Status Report — School Age

National School Lunch and Breakfast Program State Claim
P-223 Monthly School District Enrollment Report

P-223H Monthly Special Education Enrollment Report
State Student Identifier (SSID) Export/Import

Truancy Petitions for State Reimbursement

Washington Standardized High School Transcript

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal, WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose
CURAE CENTER SPECIALIZED EDUCATION SERVICES
To provide academic services and behavioral support in a therapeutic environment for
identified District students at Curae Center, a day treatment program operated by ESD112
at 841 NE 22nd Avenue, Camas, WA 98607.
Agreement Number: 25132-027 Financial Terms: Payments under this
Agreement shall not exceed on monthly basis:
Level 1 - $9,142.50 per student FTE
Level 2 - $15,350.00 per student FTE
Level 3 - $18,850.00 per student FTE

Agreement Period Invoice Schedule: To be billed monthly based
Initial Term Start: September 1, 2024 on IEPs and enrollment — see Exhibit A §3.1
Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions
ESD112 INFORMATION | IF OPTING OUT OF ELECTRONIC


Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

REV ACCT NO: 1330 81 5400

DEPT APPROVAL JN
BUDGET APPROVAL OB

BUSSVC APPROVAL —JIV

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Page 2

SIGNATURE:
Send scanned copy of Agreement with
executed signature by email to:
districtcontracts@esd112.org


Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing academic services and behavioral support for the District’s identified
students in a therapeutic environment at the Curae Center program. Curae
Center is a day treatment program operated by ESD112 at 841 NE 22nd
Avenue, Camas, WA 98607, with full-time therapists and low adult/student
ratios.

The provision of educational, instructional, or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

Agreement Amount. The District shall pay ESD112 based on the fee schedule

in Section 3.1.1 below, for services provided under this Agreement as

described in Section 1.1 above and Section 4 below.

3.1.1 Level 1 or 2 fees shall be determined based on the individual needs of
each student, as outlined within the student's Individualized Education
Plan (IEP). Students identified for Level 2 require 1:1 paraeducator
support. If a student requires a 2:1 paraeducator support, the ESD112
will provide the District with the additional cost prior to
accepting placement. Placement level shall be identified and mutually
agreed upon prior to the initiation of services.

Fee Schedule for the 10-month school term per student FTE
Per Service Month Total for Term

$9,142.50 $91,425.00

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Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

3.2

3.3

3.4

$15,350.00 $153,500.00
$18,850.00 $188,500.00

3.1.2 Prorated Fees. Monthly fees shall be prorated for the start month. The
prorated fees (for starting month) shall be calculated based on the
number of days of student attendance divided by eighteen (18), the
average attendance days in a month, multiplied by the appropriate
service rate (Section 3.1.1 above).

3.1.3 The District shall issue a purchase order to ESD112, confirming the
level of service to be provided for placed students and the monthly
corresponding fees.

Invoicing. ESD112 shall invoice the District monthly, based on students’

placements. Invoices shall be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary

and therefore is not being prepared. Expenses and revenues shall be

addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection

with the obligations under this Agreement, including but not limited to

equipment, materials, supplies and funds, shall be owned and retained by

ESD112, both during the term of this Agreement and after the Agreement is

terminated, partially or completely. Real property shall not be acquired.

Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following

obligations for delivery of services under this Agreement:

4.1

4.2

Responsibilities of ESD112. ESD112 shall:

4.1.1 Provide services at, and oversee operation of, Curae Center, a day
treatment program with full-time therapists and low staff/student ratio.

4.1.2 Provide academic services and behavioral support to identified and placed
District students in accordance with a student’s Individualized Education
Plan (IEP) and Curae Center program protocols.

4.1.3 Provide nutritional services to students during the time spent at Curae
Center.

4.1.4 Ensure that staff have proper certification and are trained in behavior
intervention and collaborative problem-solving.

4.1.5 Notify the District by April 15, 2025 of the students potentially eligible for
Extended School Year (ESY) services.

4.1.6 Invoice the District in accordance with Section 3 above.

Responsibilities of the District. The District shall:

4.2.1 Have full responsibility for a student’s evaluation, provision of related
services for Occupational Therapy (OT), Speech Language Pathology
(SLP), and Physical Therapy (PT) if (and as) written into the current IEP

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Washougal School District No. 112-06
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Curae Center Specialized Education Services

matrix of services, as well as the student’s transcript, and participation and
attendance in the IEP development and meetings.

4.2.2 Complete all state and federal reporting for District students. The District
shall report the students on the District’s P223 and P223H filings.

4.2.3 Maintain all responsibilities as the resident district, including providing a
free appropriate public education (FAPE).

4.2.4 Provide transportation of students to and from Curae Center and assume
full responsibility for all costs associated with such transportation.

4.2.5 Collaborate with ESD112 on finalizing the list for ESY services and ESY
IEPs for all participating students by May 2, 2025 (see Section 4.1.5
above).

4.2.6 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

es ee
SIGNATURE AUTHORITY / NOTICE ee
Er
| Position: | Interim Superintendent ___—|_| Superintendent
|Phone: | 360.954.3005 || 360.750.7500
a —————

PROGRAM CONTACTS

|Name: | Connor McCroskey ety Ne

Position: | Director of Special Education Executive Director, Specialized
Education Services

Phone: | 360.954.3021 | | 360.952.3529
Email: | connor.mccroskey@washougalsd.org |_| jeffrey.niess@esd112.0rg |
FISCAL / BUDGET CONTACTS |

[Name |KrisGrindy | | OksanaBalaban
Position | Business Services Officer |_| Budget Analyst ISS
|Phone: | 360.954.3003 | | 360.952.3469
|Email: | kris.grindy@washougalsd.org _|_[ oksana-balaban@esd112.org |
ACCOUNTING / BILLING CONTACTS |

Name [KimGoodrich «| Christy Staleup
| Position: | Accounting Manager |_| ARSpecialist Eo
|Phone: | 360.954.3006 | | 360.952.3490
| Email: | kim.goodrich@washougalsd.org _ |_| christy.stalcup@esd112.0rg_ |

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Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
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Curae Center Specialized Education Services

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25132-027
Curae Center Specialized Education Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

FISCAL MANAGER SERVICES

The purpose of this Agreement is to provide qualified fiscal manager to the District, as

mutually deemed acceptable.

Agreement Number: 25016-027 Financial Terms: Payments under this contract
during the initial term shall not exceed
$219,620.00 and will be billed in monthly
installments of $15,196.00 July 2024-August
2024, and $15,769.00 September 2024 through
August 2025.

Agreement Period Invoice Schedule: Monthly installments of

Initial Term Start: July 1, 2024 $15,196.00 July 2024-August 2024, and

Initial Term End Date: August 31, 2025 | $15,769.00 September 2024 through August

Nonrenewal Notification: May 1, 2025 | 2025.

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION | IF OPTING OUT OF ELECTRONIC



Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

REV ACCT NO: 7815 81 5300

DEPT APPROVAL CH
BUDGET APPROVAL GH

BUSSVC APPROVAL | TW

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Page 2

SIGNATURE:
Send scanned copy of Agreement with
executed signature by email to:

districtcontracts@esd112.org


Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing a qualified fiscal services manager for a 1.0 FTE, as mutually deemed
acceptable.

The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from July 1, 2024,
to August 31, 2025 (14 months).

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $219,620.00
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in monthly installments of
$15,196.00 July 2024-August 2024, $15,769.00 September 2024-August 2025.
Invoices shall be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be addressed
in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1 Provide the District with the services of a qualified fiscal services manager
for a full 1.0 FTE, as mutually deemed acceptable. Services may be
subject to change pursuant to written agreement between ESD112 and the
District, but shall include:
4.1.1.1 Coordination of District budget preparation, monitoring and

reporting activities (County Treasurer; F-195; F-196; S-275).
4.1.1.2 Oversight of program fiscal monitoring and grants management.
4.1.1.3 Monthly board report production for the general fund, with

projections.
4.1.1.4 Other fiscal management activities as mutually deemed appropriate
and possible under the agreed-upon days of service commitment

(Section 4.1.1 above).

4.1.2 Schedule staff time, as mutually agreed, to accomplish specified services.
Fees shall include ESD112 administrative support for assigned staff and
basic mileage costs, as appropriate. Leave and vacation schedules shall be
mutually agreed upon and coordinated with District service needs.

4.1.3. Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:

4.2.1 The District shall provide work station, supplies/materials,
and necessary equipment for the staff when working on-site, and access to
systems and information as appropriate.

4.2.2 Discuss any additional services needed that are beyond the scope of
Agreement, and execute mutually agreed upon amendments to this
Agreement, in accordance with Exhibit B, Section 3.

4.2.3. Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

es ee
[> WSIGNATURE AUTHORITY /NOTICE CONTACT: Required
PName [Aaron Hansen ———————————~ «| TimMerlino
 Posiion: | Assistant Superintendent | | Superintendent
Phone: | 360.9543050_——=—SSS~d:«S 800.750.7500
Email: | Aaron.hansen@washougalsdorg | | tim.merlinogesdi org

PROGRAM CONTACTS |
|Name: | AaronHansen |«[ Gavin Hottman
| Position: | Assistant Superintendent |_| Asst Supt, Business Services
| Phone: | 360.954.3050 |s* 360.952.3521
Email: | Aaronhansen@washougalsdorg | | Gavin.hottman@esdli2.0rg __|
[| ISCAL/BUDGETCONTACTS

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Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

|Name: | KrisGrindy | Gavin Hottman
| Position: | Business Services Officer | | sameasabove
|Phone: | 360.9543003 | |
|Email: [kris.grindy@washougalsd.org | |

[_CACCOUNTING/BILLING CONTACTS. CS
[Name [KimGoodrich |= Christy Staloup SSS
 Posiion: | Accounts Payable Officer | [AR Specialin 1
Phone: | 360.9543006——SS~:«* 9D.
[Email | Kim goodrich@washougalsdorg | | christy staleup@asdiT2org |

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34.030 and provisions that authorize
educational service districts and school districts to contract with each other for
services, specifically 28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and
28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1 Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ boards of
directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

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Washougal School District 112-06
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Fiscal Manager Services

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to the services ESD112 is obligated to provide or fees the District
is obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

4. Termination and Damages for Termination with Inadequate Notice.
4.1. Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 | Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

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Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

4.4

4.5

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

5.1

5.2

5.3

5.4

5.5

5.6

5.7

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.
Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.

Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is

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Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

5.8

5.9

5.10

5.11

5.12

5.13

a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District agree not to discriminate on the basis of race, color,
creed, religion, national origin, citizenship or immigration status, age, sex,
gender expression or identity, sexual orientation, genetic information,
honorably discharged veteran or military status, marital status, family/parental
status, income derived from a public assistance program, political beliefs, non-
job-related physical, sensory, or mental disabilities, use of a trained guide dog
or service animal, or reprisal or retaliation for prior civil rights activity.
Inquiries regarding compliance and/or grievance procedures for ESD112 may
be directed to ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.

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Washougal School District 112-06
Agreement No. 25016-027
Fiscal Manager Services

5.14

5.15

Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party
waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/Awww.sam.gov/SAM) and that they are not presently debarred, suspended, proposed

for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

FLASHALERT NEWSWIRE

To participate in the FlashAlert system, provided by ESD112, for notifications to media
and subscribers.

Agreement shall not exceed $625.00
Agreement Period Invoice Schedule: To be billed in full,
Initial Term Start: September 1, 2024 September 2024.
Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 6892 81 5630 SIGNATURE:

“DEPT APPROVAL _—i M onique Dugaw eee Send scanned copy of Agreement with
BUDGET APPROVAL Yolanda Rivera executed signature by email to:

BUSSVC APPROVAL _ Jenny Taisacan-Vilante districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25003-027

FlashAlert Newswire
EXHIBIT A
TERMS FOR SERVICES PROVIDED
1. Purpose.

1.1. ESD112 and the District are entering into this Agreement for the purpose of
participation in a system, facilitated by ESD112, for notifications to media and
subscribers, for emergency notifications and other District news.

1.2.‘ The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

2. Term.

2.1 Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

2.2. Renewal Term. This Agreement shall automatically be renewed for an

additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $625.00 for
services provided under this Agreement as described in Section 1.1 above and
Section 4 below.

3.1.1 FlashAlert Newswire: $625.00

Invoicing. ESD112 shall invoice the District for the balance due, in full, on or
about September 2024. Invoices shall be paid within thirty (30) days of receipt.
Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1 Contract with, or otherwise arrange for, a third-party provider to
contact station newsrooms to facilitate broadcast of emergency
information and other specified District news in a timely and accurate
manner.

4.1.2 Provide an appropriate answering service and/or electronic message
transmission for District access for media notification services.

4.1.3 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:

4.2.1 Identify a school announcement coordinator and authorized contact
person(s) who shall manage the District account.

4.2.2 Inform students and parents of the identified stations and process for
receiving emergency notifications.

4.2.3. Discuss any additional services that are needed that are beyond the
scope of the Agreement and execute mutually agreed upon
amendments to this Agreement in accordance with Exhibit B, Section
3.

4.2.4 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

| meosrect {fT
[SIGNATURE AUTHORITY /NOTICE CONTACT Required
[Name [Aaron Hansen =~ (| TimMerlinn ——SSSS—~S
FPosidons [Interim Superintendent | [Superintendent =
Phone: 3609543005 _——~—~S*d:«*d' 380. 7507500 SSSSSSSC*S
a a i a
[SSCS™*™~S~S™S™SCSROGRAMCONTACTS.——SCSSCSC=~*d
[Name [Sameasabove | [MonigueDugaw ——
[CISA BUDGET CONTACTS. SSC*”
[Name [KrisGrindy —————SSS=*:~C*Y Yolanda Rivers SSCS
 Posidon’ | Business Services Officer | [ Administrative Assistant =|
Phone: 3609549008 —=S*~S~S~Ci SD SBGSSSC*
[imi [iris grindy@washougalediong | [yolanda rivera@esdtI2org |
[_ACCOUNTING/BILLING CONTACTS. SSCS

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

Kim Goodrich | | Christy Stalcup
Accounts Payable Officer | AR Specialist IT

360.954.3006 |_| 360.952.3490
kim.goodrich@washougalsd.org || christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25003-027
FlashAlert Newswire

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal, WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

GORGE ACADEMY SPECIALIZED EDUCATION SERVICES

To provide academic services and behavioral support in a therapeutic environment for

identified District students at Gorge Academy, a day treatment program operated by

ESD112 at 170 NW Washington Street, White Salmon WA, 98672.

Agreement Number: 25133-027 Financial Terms: Payments under this
Agreement shall not exceed on monthly basis:
Levell $8,387.00 per student FTE
Level 2 $11,083.00 per student FTE
Level3 $11,160.00 per student FTE

Agreement Period Invoice Schedule: To be billed monthly based
Initial Term Start: September 1, 2024 on IEPs and enrollment — see Exhibit A §3.1
Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions
ESD112 INFORMATION | IF OPTING OUT OF ELECTRONIC


Washougal School District No. 112-06
Agreement No. 25133-027
Gorge Academy Specialized Education Services

REV ACCT NO: 1340 81 5400

DEPT APPROVAL JN
BUDGET APPROVAL OB

BUSSVG APPROVAL — JTV

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Page 2

SIGNATURE:
Send scanned copy of Agreement with
executed signature by email to:
districtcontracts@esd112.org


Washougal School District No. 112-06
Agreement No. 25133-027
Gorge Academy Specialized Education Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

Dal

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing academic services and behavioral support for the District’s identified
students in a therapeutic environment at the Gorge Academy program. Gorge
Academy is a day treatment program operated by ESD112 at 17 NW
Washington Street, White Salmon WA, 98672.

The provision of educational, instructional, or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1 that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

Agreement Amount. The District shall pay ESD112 based on the fee schedule
in Section 3.1.1 below, for services provided under this Agreement as
described in Section 1.1 above and Section 4 below.
3.1.1 Level 1 or 2 fees shall be determined based on the individual needs of
each student, as outlined within the student's Individualized Education
Plan (IEP). Students identified for Level 2 require 1:1 paraeducator
support. If a student requires a 2:1 paraeducator support, the ESD112
will provide the District with the additional cost prior to
accepting placement. Placement level shall be identified and mutually
agreed upon prior to the initiation of services.
Fee Schedule for the 10-month school term per student FTE

Per Service Month Total for Term

$8,387.00 $83,870.00
$11,083.00 $110,830.00

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Washougal School District No. 112-06
Agreement No. 25133-027
Gorge Academy Specialized Education Services

3.2

3.3

3.4

$11,160.00 $111,600.00

3.1.2 Prorated Fees. Monthly fees shall be prorated for the start month. The
prorated fees (for starting month) shall be calculated based on the
number of days of student attendance divided by eighteen (18), the
average attendance days in a month, multiplied by the appropriate
service rate (Section 3.1.1 above).

3.1.3 The District shall issue a purchase order to ESD112, confirming the
level of service to be provided for placed students and the monthly
corresponding fees.

Invoicing. ESD112 shall invoice the District monthly, based on students’

placements. Invoices shall be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary

and therefore is not being prepared. Expenses and revenues shall be

addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection

with the obligations under this Agreement, including but not limited to

equipment, materials, supplies and funds, shall be owned and retained by

ESD112, both during the term of this Agreement and after the Agreement is

terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:

4.1

4.2

Responsibilities of ESD112. ESD112 shall:

4.1.1 Provide services at, and oversee operation of, Gorge Academy, a day
treatment program with full time therapists and low staff/student ratio.

4.1.2 Provide academic services and behavioral support to identified and placed
District students in accordance with a student’s IEP and Gorge Academy
program protocols.

4.1.3 Provide nutritional services to students during the time spent at Gorge
Academy.

4.1.4 Ensure that staff has proper certification and is trained in behavior
intervention and collaborative problem solving.

4.1.5 Notify the District by April 15, 2025, of the students potentially eligible
for Extended School Year (ESY) services.

4.1.6 Invoice the District in accordance with Section 3 above.

Responsibilities of the District. The District shall:

4.2.1 Have full responsibility for a student’s evaluation, provision of related
services for Occupational Therapy (OT), Speech Language Pathology
(SLP), and Physical Therapy (PT) if (and as) written into the current IEP

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Washougal School District No. 112-06
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Gorge Academy Specialized Education Services

matrix of services, as well as the student’s transcript, and participation and
attendance in the IEP development and meetings.

4.2.2 Complete all state and federal reporting for District students. The District
shall report the students on the District’s P223 and P223H filings.

4.2.3 Maintain all responsibilities as the resident district, including providing a
free appropriate public education (FAPE).

4.2.4 Provide transportation for students to and from Gorge Academy and
assume full responsibility for all costs associated with such transportation.

4.2.5 Collaborate with ESD112 on finalizing the list for ESY services and ESY
IEPs for all participating students by May 2, 2025 (see Section 4.1.5
above).

4.2.6 Pay ESD112 in accordance with Section 3 above.

Agreement Contacts,

SIGNATURE AUTHORITY / NOTICE CONTACT-Required |
Name: | AaronHansen | (| Tim Merlino
Position: | Interim Superintendent __—_—_—|_| Superintendent
|Phone: | 360.954.3005 || 360.750.7500,
|Email: | aaron.hansen@washougalsd.org __|_| tim.merlino@esd112.0rg_

PROGRAM CONTACTS |

Connor McCroskey | Jeffrey Niess

Position: || Director of Special Education Executive Director, Specialized
posse [Prcsretestern | [eiaunsencs
360.954.3021 | | 860.952.3529
effrey.niess@esdlI2org

FISCAL / BUDGET CONTACTS |

Kris Grindy | Oksana Balaban

r3609543003SSS~*d*«*di 823g

oksana.balaban@esd112.org
ACCOUNTING / BILLING CONTACTS

[KimGoodrich | | Christy Staleup

[Accounting Manager | [AR Specials]

3609543006 | | 360.952.3490

[kim goodrich@washougalsdorg | [christy taleup@esdl2org

Business Services Officer | Budget Analyst II

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Washougal School District No. 112-06
Agreement No. 25133-027
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EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
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Gorge Academy Specialized Education Services

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25133-027
Gorge Academy Specialized Education Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25133-027
Gorge Academy Specialized Education Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25133-027
Gorge Academy Specialized Education Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal, WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

HEARING SCREENING SERVICES

To provide the District with hearing screening services, as mutually deemed acceptable,

through the ESD112 Hearing Screening Cooperative.

Agreement Number: 25022-027
Agreement shall not exceed $7,402.00.

Agreement Period Invoice Schedule: To be billed in ten (10) equal

Initial Term Start: September 1, 2024 installments of $740.20, September 2024

Initial Term End Date: August 31, 2025 | through June 2025.
Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 1226 71 5430 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUS SVC APPROVAL districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.
1.1. ESD112 and the District are entering into this Agreement for the purpose of

providing the District with hearing screening services, as mutually deemed
acceptable, through the ESD112 Hearing Screening Cooperative.

1.2.‘ The provision of educational, instructional, or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Z: Term.

2.1 Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

2.2. Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.
3.1 Agreement Amount. The District shall pay ESD112 an amount of $7,402.00

for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

3.2 Invoicing. ESD112 shall invoice the District in ten (10) equal installments of
$740.20, September 2024 through June 2025. Invoices shall be paid within
thirty (30) days of receipt.

3.3 Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

3.4 Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1 Provide hearing screening and re-screening services using audiometric
screening equipment and assigned ESD112 professional staff at times
and places designated for the District during the 180-day school year,
by mutual agreement.

4.1.2 Coordinate with appropriate school staff to arrange dates, times, and
locations for screening and re-screening services.

4.1.3. Provide the District with a list of students in need of further
comprehensive diagnostic assessment through private or other resources,
which may be available to the District and/or the students’ families.

4.1.4 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:

4.2.1. Communicate with ESD112 regarding dates, times, and locations of
screenings and re-screenings.

4.2.2 Coordinate parent volunteers or District staff to assist with screenings and
re-screenings, as appropriate. Volunteer or other staff support for
screening sessions is required. The level of required support shall be
determined when coordinating date, times, and locations for the screenings
and re-screenings.

4.2.3 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

| SIGNATURE AUTHORITY /NOTICECONTACT-Required
|Name: | AaronHansen || TimMerlino
| Position: | Interim Superintendent |_| Superintendent
|Phone: | 360.954.3005 || 360.750.7500
|Email: | aaron.hansen@washougalsd.org __ |_| tim.merlino@esdl12.0rg_ |
po PROGRAMCONTACTS
|Name: | ConnorMcCroskey | | Colleen Wahto|

Pens Director of Special Education Health Services Director, Specialized
Student Services

Phone: | 360.954.3021 || 360.952.3577,
Email: | connor.mccroskey@washougalsd.org |_| colleen.wahto@esd112.org |

FISCAL / BUDGET CONTACTS |
Nome [KrisGrindy || Oksana Balaban
| Position: | Business Services Officer |_| Budget AnalystIE
Phone 360.954.3003 SS~*~d:«*dt 00.95.36

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

| Email: | kris.grindy@washougalsd.org | oksana.balaban@esd112.org
ACCOUNTING / BILLING CONTACTS |
Fame; [Kim Goodrich |_| Christy Stalcup

Accounting Manager | AR Specialist IT
360.954.3006 |_| 360.952.3490
kim.goodrich@washougalsd.org a christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25022-027
Hearing Screening Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

PREVENTION/INTERVENTION STUDENT ASSISTANCE PROGRAM

To provide the District with an on-site Student Assistant Professional (SAP) for
prevention/intervention services.

Agreement Number: 25030-027 Financial Terms: Payments under this
Agreement shall not exceed $24,000.00.
Agreement Period Invoice Schedule: To be billed in two equal
Initial Term Start: September 1, 2024 installments of $12,000.00 on December 1, 2024,
Initial Term End Date: August 31, 2025 | and June 1, 2025 (Exhibit A §3.1, 3.2)
Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 2084 81 5240 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUS SVC APPROVAL districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

Dal

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing the District with an on-site Student Assistance Professional (SAP)
for prevention/intervention services. This Agreement provides match funding
for state and federal awards to ESD112 for provision of SAP services in
participating school districts.

The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1 that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $24,000.00
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in two equal installments of
$12,000.00, on December 1, 2024 and June 1, 2025. Invoices shall be paid
within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

ESD112, both during the term of this Agreement and after the Agreement is

terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
Responsibilities of ESD112. ESD112 shall:

4.1

4.2

4.1.1

4.1.7

Implement Project SUCCESS framework in assigned school buildings,

which provides universal programming, intervention skill building

groups and connects students with community agencies, when needed.

Designate an ESD112 employee as Program Manager who shall:

4.1.2.1 Monitor program fidelity and data entry

4.1.2.2 Provide program annual outcomes to building level
administrators, each September

Provide 1.0 FTE SAP support for the District beginning the first day

through the last day of the school year, as mutually deemed acceptable

to the District. This Agreement provides match funding for the FTE,

funded in part by state and Federal award resources, annually available

to ESD112.

Provide staff evaluation, training and supervision for the SAP in

cooperation with the District’s administrators.

Provide job-specific training for the SAP, as needed throughout the

year, in coordination with District.

Send the District proposed amendments to this Agreement at least forty-
five (45) days before the amendments take effect, or as otherwise mutually

agreed.
Invoice the District in accordance with Section 3 above.

Responsibilities of the District. The District shall:

4.2.1
4.2.2

4.2.3

Participate in the Healthy Youth Survey.

Review District policies with the assigned SAP and obtain

acknowledgement of receipt of policies.

Designate building-level administration who shall be supportive of the

services under this Agreement, specifically the SAP Intervention Program

by:

4.2.3.1 Participating in the selection of staff assigned to the building.

4.2.3.2 Securing confidential space, phone, locking file cabinet and
District email address for assigned SAP staff.

4.2.3.3 Ensuring that the assigned SAP staff has access to student class
schedules, discipline and attendance data.

4.2.3.4 Arranging time for the assigned SAP staff to present at a faculty
meeting(s) to discuss the program.

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

4.2.3.5 Supporting class release time for student 1-1 skill building support,
alcohol and other drug screenings and support groups. Time
missed from class shall be short-term in duration with the sole
purpose to minimize class disruption and support the best interest
of the student.
4.2.3.6 Providing access to one designated grade for the SAP to deliver the
Prevention Education Series.
4.2.3.7 Allowing assigned staff to participate in the student guidance team
meetings if needed.
4.2.3.8 Releasing student level names, grades and attendance for the
purpose of program evaluation as per program requirements. All
data must be collected by the end of June 2025.
4.2.3.9 Coordinating school or District-wide universal prevention activities
with the ESD112 Program Manager to ensure they are research-
based and best practice. A toolkit for such best practices is found
at: https://www.theathenaforum.org/best-practices-toolkit-
prevention-tools-what-works-what-doesnt
4.2.3.10 Participating in the establishment of a referral process between
behavioral health providers and the SAP.
4.2.4 Provide student evaluation data such as GPA, absenteeism, disciplinary
referrals, etc.
4.2.5 Discuss any additional services that may be needed that are beyond the
scope of the Agreement and execute mutually agreed upon amendments to
this Agreement in accordance with Exhibit B, Section 3.
4.2.6 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

S| THE DISTRICT las ESD 112

[> TSIGNATORE AUTHORITY NOTICE CONTACT Required id
Famer [Aaron Hansen | ([TimMerlinn
[Posion | Interim Superintendent | [Superintendent
Phone: ] 360.9543005———SSS*«' 30607507500
[Email | aaron hansen@washougaled.org | [timmerlino@esdii2org
[oo SSSCSSSCSPROGRAMCONTACTS—— SSCS
[s~=~“‘(‘éRISCALBUDGETCONTACTS—SSC*d
Famer [KrisGrindy ~~ ‘| Brandon Denny
Posion | Busines Services Officer | | Budget Analyst SS
Phone: —] 360.9543003 ———SS~*~«d360952.5399

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

| Email: | kris.grindy@washougalsd.org a brandon.denny@esd112.org
ACCOUNTING / BILLING CONTACTS |
FNamer [Kim Goodrich |_| Christy Stalcup

Accounting Manager | AR Specialist IT
360.954.3006 |_| 360.952.3490
kim.goodrich@washougalsd.org || christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25030-027
Prevention/Intervention Student Assistance Professional (SAP)

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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OMONIDMABRWNR

LETTER OF INTENT related to the operation of

Educational Service District 112

OPEN DOORS [1418] YOUTH REENGAGEMENT PROGRAM
operated by
Washougal scHooL DISTRICT

This document is a commitment by the Washougal District (hereafter referred to as District)
to Operate £0 112Feensagementroaram CQryen Doors [1418] Youth Reengagement Program (hereafter
referred to as Program) under the authority of RCW 28A.175.100 and WAC 392-700, upon
approval from the Office of the Superintendent of Public Instruction (OSPI).

The district's Program will offer the following pathway type(s) to students, as indicated by the
checked box(es):

G.E.D.

High School Diploma

[] College

[_] Career

A. Purpose.

The purpose of this Letter of Intent is to ensure that the District and Program:

1. Support the statewide youth reengagement system as defined in RCW 28A.175.100.

2. Comply with requirements outlined in WAC Chapter 392-700 to provide education
opportunities for eligible students.

* NOTE: The language in this Letter of Intent is based on WAC and RCW as of September 2018. The
District and Program will comply with any WAC or RCW modifications.

B. Duration of Letter of Intent.

This Letter of Intent will be in effect from September 1 , 20 24 . OSPI will be responsible for
notifying the program when they are required to be reapproved and of the re-approval process.
The program is responsible for notifying OSPI if they decide to discontinue the program. OSPI
will examine a minimum of two years of data in the re-approval process.

C. Student Eligibility

1. Pursuant to WAC 392-700-035, youth are eligible for enrolling in an Open Doors [1418]
youth reengagement program when they meet the following criteria:

a. Under twenty-one (21) years of age, but at least sixteen (16) years of age, as of
September 1,

b. Has not yet met high school graduation requirements, and

c. Has been found to be credit deficient pursuant to WAC 392-700-035(c):

District Letter of Intent - Open Doors [1418] Youth Reengagement Program (Rev. 05/2021b)


(c) At the time the student enrolls, is significantly behind in credits based on the student's
cohort graduation date. The cohort graduation date is established as the end of the fourth
school year after a student first enrolls in the ninth grade.

(i) A student who is more than twenty-four months from their cohort graduation date and has
earned less than sixty-five percent of the high school credits expected to be earned by their
cohort or has a ratio of earned credits to attempted credits that is less than sixty-five
percent. A cohort is the group of students that enter the ninth grade in the same school year;
(ii) A student who is between twelve and twenty-four months from their cohort graduation
date and has earned less than seventy percent of the high school credits expected to be
earned by their cohort or has a ratio of earned credits to attempted credits that is less than
seventy percent;

(iii) A student who is less than twelve months from their cohort graduation date or who has
passed their cohort graduation date by less than twelve months and has earned less than
seventy-five percent of the high school credits expected to be earned by their cohort or has
a ratio of earned credits to attempted credits that is less than seventy-five percent;

(iv) A student who is past their cohort graduation date by twelve months or more and has
not met their district, tribal compact school, or charter school graduation requirements; or
(v) A student who has never attended the ninth grade and has earned zero high school
credits.

d. If determined not to be credit deficient as outlined in WAC 392-700-035(c), has been
recommended for enrollment by case managers from the Department of Social and
Health Services (DSHS), the juvenile justice system, district approved school
personnel, or staff from community agencies which provide educational advocacy
services.

2. Additionally, prior to enrollment in the Program, an eligible student must:

a.
b.

Have been withdrawn from their last high school, and
Have been released from their resident district and accepted by the District, if the District
is not the student’s resident district.

3. Once determined eligible for the Program, a student will retain eligibility, regardless of
breaks in enrollment, until the student does one of the following:

a.

b.
Cc.

Earns a high school diploma. NOTE: A student who earns a high school equivalency
certificate retains their eligibility and may continue to participate in the Program,

Earns an Associate Degree, or

Becomes ineligible because has turned age twenty-one (21) on or before September 1
of a new school year.

D. Instruction.

The District will be responsible for the provision and oversight of all instruction under this Letter
of Intent pursuant to WAC 392-700-065 which includes the following:

1. Instruction for Program students must include:

a.

Academic skills instruction and high school equivalency certificate preparation
coursework with curriculum, and instruction appropriate to each student’s skills levels
and academic goals.

District Letter of Intent - Open Doors [1418] Youth Reengagement Program (Rev. 05/2021b)


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[37
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b. College readiness and work readiness preparation coursework.
Instruction for Program students may include:

Competency-based academic and/or vocational training.

College preparation math or writing instruction.

Subject specific high school credit recovery instruction.

English language learner instruction (ELL)

Other coursework approved by the district, charter school or tribal compact school
including cooperative work experience.

oao0n0n

Instruction may not be limited to only those courses or subject areas in which students are
deficient in high school credits.

. All Program instruction will be designed to help students acquire high school credits,

acquire at least high school skills, and be academically prepared for success in college
and/or work. All instruction will be provided in accordance with the skill level and learning
needs of individual students and not the student’s chronological age or associated grade
level. Therefore:

a. All instruction that is at the ninth (9") grade level or higher shall generate credits that
can be applied to high school diploma, and;

b. Allinstruction that is below the ninth (9") grade level shall not generate high school
credits but will be counted as part of the Program’s instructional programming for the
purposes of calculating student enrollment, and will be designed to prepare students for
coursework that is at the ninth (9"") grade level or higher. (Reference RCW 392.121.107)

Each area of coursework, as specified in Sections D.1. and D.2., will have a course outline
that specifies:

Identified instructional materials.

Specific intended learning outcomes.

Procedures and standards for determining attainment of learning outcomes.
Policy for grading and awarding of credit.

Q29 7D

. The Program may restrict or deny access into specific program elements if a student’s

academic performance or conduct does not meet established guidelines.

. The Program will administer standardized tests within one (1) month of enrollment or secure

test results from no more than six (6) months prior to enrollment in order to determine a
student's initial math and reading level upon entering the Program. A commonly accepted
standardized academic skills assessment tools will be used. All required assessments will
be provided to the students free of charge.

. The District will provide instruction, tuition, and required academic skills assessments at no

cost to the students, but may collect mandatory fees as established by the Program.

a. Consumable supplies, textbooks, and other materials that are retained by the student do
not constitute tuition or a fee.
b. The Program will establish a waiver/scholarship process for qualifying students.

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10.

11.

12.

13.

Instruction will be scheduled so that all enrolled students have the opportunity to attend and
work with instructional staff during all the hours of the Program’s standard instructional day.

All instructional staff will be assigned by the District and will have prior experience in
working with at-risk youth and/or in providing individualized instruction.

The scheduled teaching hours of an instructional staff will equal or exceed the hours of the
Program’s standard instructional day plus one (1) additional hour per every five (5) teaching
hours for planning, curriculum development, record-keeping, and required coordination of
services with case management staff.

For any one instructional session, the Program will assign instructional staff as needed to
maintain an instructional staff to student ratio that does not exceed 1:25.

If the noninstructional staff are part of the calculated instructional staff to student ratio, the
following conditions must be met:

a. Noninstructional staff may not be a replacement for the instructional staff and must work
under the guidance and direct supervision of the instructional staff.

b. The ratio of total instructional and noninstructional staff to students may not exceed
2:50.

E. Case Management and Student Support.

The Program will be responsible for the provision of case management services to enrolled
students pursuant to WAC 392-700-085 which include the following:

1.

Case management staff will be assigned to the Program to provide accessible, consistent
support to students as well as, academic advising, career guidance information,
employment assistance or referrals, and referrals to DSHS.

The Program will maintain a case management staff to student ratio not to exceed 1:75
(one case manager to seventy-five (75) enrolled students) on a full-time continuous basis
throughout the school year.

Only the percent of each staff member’s time that is allocated to fulfilling case management
responsibilities will be included in the calculation of a Program’s case management staff to
student ratio.

Even though the provision of case management services will require case management
staff to work in the community to meet client needs, case management staff will be primarily
based at the Program’s instructional site(s).

The Program will ensure that case management services and instruction are integrated and
coordinated, and that procedures are established that facilitate timely relevant
communication about student progress.

All case management staff will be employed by the Program and will have at least a
Bachelor’s degree in social work, counseling, education, or a related field, or at least two (2)

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years of experience providing case management, counseling or related direct services to at-
risk individuals or sixteen to twenty-one (16-21) year old youth.

F. Awarding of Credit.

In accordance with WAC 392-700-137, awarding of credit will include the following:

1.

High school credit will be awarded for all coursework at or above the 9" grade level in which
students are enrolled, including high school equivalency certificate preparation.

The District will ensure that the process for awarding high school credits is implemented as
part of the District’s policy regarding award of credits per WAC 180-51-050(5) and (6).

Program documentation related to the earned credits will be provided to the student and the
District that will be responsible for awarding of credits.

G. Statewide Student Assessment.

Pursuant to WAC 392-700-152:

1.

The District will ensure that all Program students have the opportunity to participate in the
statewide student assessment and understand that this assessment, or an approved
alternative, is a high school graduation requirement for students in some graduating
cohorts, and is one of many ways to meet a graduation pathway for the class of 2020
onward.

The District will include Program students when calculating districtwide statistics in relation
to the statewide assessments.

H. Provision of Special Education and Section 504 of the 1973 Rehabilitation Act
Accommodations, and Transitional Bilingual Instructional program.

1.

The District will be responsible for the provision of special education services to any
Program student who qualifies for special education in accordance with all state and federal
law and pursuant to WAC chapter 392-172A.

The District will provide the same accommodations to any enrolled students under Section
504 of the 1973 Rehabilitation Act as it provides to all students of the district.

The resident district is responsible for the provision of services to students who are eligible
for transitional bilingual services, and are otherwise qualified for participation in the
program.

|. Annual Reporting Calendar.

The following requirements will be met in relation to the school calendar:

1.

The school year begins on September 1%t and ends on August 315.

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J.

2. The Program will provide the District a calendar of school year prior to the beginning of the
Program's start date.

3. The school year calendar must meet the following criteria:

a. The specific planned days of instruction will be identified, and
b. There must be a minimum of ten (10) continuous instructional months.

4. The number of hours of instruction must meet the following criteria:
a. Astandard instructional day may not exceed six (6) instructional hours per day even if
instruction is provided for more than six (6) hours per day.
b. A standard instructional day may not be less than two (2) hours per day.
5. The Program’s total planned hours of instruction for the school year:
a. Is the sum of the hours of instruction for all instructional months of the Program’s school

year.
b. Must have a minimum of one thousand (1000) annual planned hours of instruction.

Reporting of Student Enrollment.

Programs will report to the District their Program enrollment using the Form P223-1418 each
month on the monthly count day. Count day is defined in WAC 392-121-119. The Program will
certify by signing the Form P223-1418 the accuracy of the enrollment reported. The Form
P223-1418 is due to the District by the fifth (5) business day of the month.

In accordance with WAC 392-700-160, the following criteria must be met for each student
claimed by the Program for state funding on each monthly count day:

1. Meets all eligibility criteria pursuant to WAC 392-700-035 or Section C of this Letter of
Intent,

2. Is enrolled in a Program, as well as, the District,

3. Meets the attendance period requirement pursuant to WAC 392-700-015(3),

4. Meets the weekly status check requirement pursuant to WAC 392-700-015(23),

5. Has not withdrawn or been dropped from the Program prior to the monthly count day,

6. Is not being claimed by a state institution pursuant to WAC 392-122-221 on the monthly
count day,

7. Whose Program enrollment is not being claimed by a college for postsecondary funding,
8. Is not currently enrolled in a high school program, including Alternative Learning

Experience, College in the High School or another reengagement program excluding Jobs
for Washington’s Graduate (JWG) program,

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9. If concurrently enrolled in a Running Start, Skills Center, or JWG program, is not exceeding
the full-time equivalent (FTE) limitation pursuant to WAC 392-121-136,

10. Has not exceeded the 1.0 annual average FTE (AAFTE) for the school year to include prior
months’ enrollment in a high school, at a state institution, or in a JWG program, and

11. After being claimed for three months, has made academic progress by either earning an
indicator of academic progress identified in WAC 392-700-015(14) or a credential identified
in WAC 392-700-015(11).

K. Funding and Reimbursement.

The District will receive state basic education apportionment funding through OSPI, pursuant to
WAC 392-700-165 and according to the procedures set forth below:

1. Each eligible student that meets the requirements of Section J and is enrolled in a below
100 level class will be reported as a full 1.0 FTE on each monthly count day.

2. The Program standard reimbursement rate is the statewide average annual non-vocational
as determined by OSPI pursuant to WAC 392-169-095.

3. The District will retain one hundred (100) percent of the basic education allocation.

4. The District may report and retain Special Education funding from OSPI for eligible students
receiving special education services.

5. The Program may provide transportation for students but additional funds are not generated
or provided.

6. Program students enrolled in a state-approved K-12 transitional bilingual instructional
program pursuant to WAC 392-160 can be claimed by the District for bilingual enhanced
funding.

L. Required Documentation and Reporting

The Program and District will maintain the following documentation and provide the following
reporting pursuant to WAC 392-700-175.

1. Student Documentation:

a. The Program shall maintain student documentation to support eligibility as specified in
Section C. and enrollment as specified in Section J.

b. The Program shall, on behalf of the District, request school records for each student
from the last school they attended.

c. The Program shall maintain documentation of case management, student assessment,
basic skills gains, attainments of credentials, earned indicator of academic progress,
and award of credit.

d. The Program will comply with all state and federal laws related to the privacy, sharing,
and retention of student records.

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351 e. Access to all student records will be provided in accordance with the Family Educational

Cp Rights and Privacy Act (FERPA).

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358 2. Monthly Student Reporting:

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360 a. The District will ensure that all required Program student information is reported in the
361 student information system; and in CEDARS in accordance with OSPI’s standard

362 procedures.

363 b. The District will be responsible for performing required data entry in accordance with
364 OSPI’s standard procedures for all Open Doors [1418] programs.

365

366 3. Annual Reporting:

367

368 a. The Program will prepare and submit an annual performance report to the District no
369 later than October 15.

370 b. The District will review and submit the annual performance report to OSPI no later than
371 November 1°.

372 c. The annual report will include the following:

373

374 i. Program's total number of students by gender, age, and race/ethnicity who were

375 enrolled, who were dismissed by program, and who voluntarily withdrew.

376 ii. Program's total number of students by gender, age, race/ethnicity, and credential type
377 who earned a credential as defined in WAC 392-700-015(10).

378 iii. Program's total number of students by gender, age, race/ethnicity, and indicator of
379 academic progress types who attained an indicator of academic progress as defined in
380 WAC 392-700-015(14). For high school and college credit, detail the subject area.

381 iv. Total number of instructional staff assigned to the program.

382

383 M. Longitudinal Performance Goals.

384

385 The Program and District will be required to report their longitudinal performance goals

386 pursuant to WAC 392-700-195.

387

388 1. Longitudinal performance data for the Program and the statewide reengagement system as
389 a whole will be reported through the Washington’s P-20 (pre-school to post-secondary and
390 workforce) longitudinal data system, the Education Research and Data Center (ERDC).
391

392 2. The District will work with the Program to collect and report student data requested by the
393 ERDC in order to accomplish the longitudinal follow-up of Program students. Specifically,
394 the following unique identifier data points will be collected, to the extent possible, by the
395 Program, and verified by the District, for each enrolled Program student:

396

397 a. Full legal name,

398 b. Birth date,

399 c. State student identifier number (SSID),

400 d. Social security number, and

District Letter of Intent - Open Doors [1418] Youth Reengagement Program (Rev. 05/2021b)


401 e. College student identification number (SID), if applicable.

402

403 3. While Program students will be encouraged to provide the data needed for longitudinal
404 follow-up, the Program will ensure that a student’s unwillingness or inability to provide the
405 requested data will not be a barrier to enrollment.

406

407

408 N. Records.

409

410 All operations of, and accounting pertaining to this Letter of Intent shall be open to the

411 inspection of OSPI.

412

413 O. Applicable Law.

414

415 This Letter of Intent is entered into pursuant to and under authority granted by the laws of
416 the State of Washington and any applicable federal laws. The provisions of this Letter of

A417 Intent shall be construed to conform to those laws. In the event of any inconsistency in the
418 terms of this Letter of Intent, or between its terms and any applicable statue or rule, the

419 consistency shall be resolved by giving precedence in the following order:

420

421 1. Applicable state and federal statutes and rules.

422 2. Statement of work herein.

423 3. Any other provisions of the Letter of Intent, including materials incorporated by reference.
424

425 ___P. No Separate Entity Created.

426

427 No separate legal or administrative entity is intended by this document.

428

429 Q. Amendment and Waiver.

430

431 This approved Letter of Intent may be waived, changed, modified, or amended only by written
432 agreement executed by both the District and OSPI. If any provision of the Letter of Intent shall
433 be deemed in conflict with any statute or rule of law, such provision shall be modified to be in
434 conformance with said statute or rule of law.

435

436 R. Entire Agreement.

437

438 This Letter of Intent constitutes the entire agreement of the District and OSPI, and supersedes
439 any previous written or oral agreements. Any other agreement, representation, or

440 understanding, verbal or otherwise, relating to the services of District or otherwise dealing in
441 any manner with the subject matter of this Letter of Intent, is hereby deemed to be null and void
442 and of no force and effect whatsoever.

443

444 Letter of Intent for Open Doors [1418] Youth Reengagement Program

445

446

447

448 District Superintendent

449

450

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Signature Date

Approved by OSPI:

OSPI Open Doors [1418] Program Administrator

Signature Date

OSPI Assistant Superintendent

Signature Date

Qualification Codes (assigned by OSPI Program Administrator):
G.E.D.
HS Diploma
College
Career

District Letter of Intent - Open Doors [1418] Youth Reengagement Program (Rev. 05/2021b)


OMANDNABWNK

SCOPE OF WORK Agreement related to the operation of
an Open Doors [1418] Youth Reengagement Program
(include with Contract)

Educational Service District 112

(hereinafter referred to as Consortium Lead Educational Agency-LEA)
AND

Washougal scriooL DISTRICT
(hereinafter referred to as District)

A. Purpose.
It shall be the purpose of this Scope of Work to:
1. Support the statewide dropout reengagement system as defined in RCW 28A.175.100

2. Comply with requirements outlined in WAC 392-700 to provide education opportunities for
eligible students enrolled in the &S0 112 Reengagement Program Open Doors [1418] Youth
Reengagement Program (hereinafter referred to as Program) operated by the Consortium
LEA.

* NOTE: The language in this Scope of Work is based on WAC and RCW as of September
2018. The College, District and Program will comply with any WAC or RCW modifications.

B. Duration of Scope of Work.

September t 99 24 through August 31, 2026

This agreement will be in effect from

This Scope of Work will be in effect from September 1 ; 2024 and shall automatically renew
annually until either party notifies the other in writing of their intent to not renew. Notification shall
occur, at minimum, 60 days prior to termination of the agreement.

The Consortium LEA and District are responsible for notifying OSPI if they decide to
discontinue the Program or update/change program pathways or offerings.

The Office of Superintendent of Public Instruction (OSPI) will be responsible for notifying the
Consortium LEA, District, and Program when they are required to be reapproved and of the re-
approval process. OSPI will examine a minimum of two years of data in the re-approval
process

C. Student Eligibility.

1. Pursuant to WAC 392-700-035, youth are eligible for enrolling in an Open Doors [1418]
youth reengagement program when they meet the following criteria:

a. Under twenty-one (21) years of age but at least sixteen (16) years of age, as of
September 1,

Scope of Work — Consortium Lead Educational Agency Run 1418 Reengagement Program (Rev.
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b. Has not yet met high school graduation requirements,
c. Has been found to be credit deficient pursuant to WAC 392-700-035(c)

(i) At the time the student enrolls, is significantly behind in credits based on the student's
cohort graduation date. The cohort graduation date is established as the end of the
fourth school year after a student first enrolls in the ninth grade.

(ii) A student who is more than twenty-four (24) months from their cohort graduation date
and has earned less than sixty-five (65) percent of the high school credits expected to be
earned by their cohort or has a ratio of earned credits to attempted credits that is less
than sixty-five (65) percent. A cohort is the group of students that enter the ninth grade in
the same school year;

(iii) A student who is between twelve (12) and twenty-four (24) months from their cohort
graduation date and has earned less than seventy (70) percent of the high school credits
expected to be earned by their cohort or has a ratio of earned credits to attempted
credits that is less than seventy (70) percent;

(iv) A student who is less than twelve (12) months from their cohort graduation date or
who has passed their cohort graduation date by less than twelve (12) months and has
earned less than seventy-five (75) percent of the high school credits expected to be
earned by their cohort or has a ratio of earned credits to attempted credits that is less
than seventy-five (75) percent;

(v) A student who is past their cohort graduation date by twelve (12) months or more and
has not met their district, tribal compact school, or charter school graduation
requirements; or

(vi) A student who has never attended the ninth grade and has earned zero high school
credits.

d. If determined not to be credit deficient as outlined in WAC 392-700-035(c), has been
recommended for enrollment by case managers from the Department of Social and
Health Services (DSHS), the juvenile justice system, district approved school personnel,
or staff from community agencies which provide educational advocacy services.

2. Additionally, prior to enrollment in the Program, all students must:

a. Have been withdrawn from their last high school, AND
b. Have been released from their resident district and accepted by the District, if the District
is not the student’s resident district.

3. Once determined eligible for reengagement programming, a student will retain eligibility,
regardless of breaks in enrollment, until the student does one of the following:

a. Earns a high school diploma. NOTE: Students who earn their General Educational
Development (GED) retain their eligibility and may continue to participate in the
Program.

b. Earns an Associate Degree.

c. Becomes ineligible because has turned age twenty-one (21) on or before September 1
of a new school year.

D. Enrollment.

1. A student will be considered enrolled when the student has:

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b.

C.
d.

Met all eligibility criteria specified in Section C.

Completed all steps of the application process established by the District and the
Program.

Been accepted for enrollment by the District.

Been enrolled by the Program.

E. Instruction.

The Consortium LEA will be responsible for the provision and oversight of all instruction under
this Scope of Work in accordance with the following:

1. Instruction for reengagement students must include:

a.

b.

Academic skills instruction and high school equivalency certificate preparation
coursework with curriculum and instruction appropriate to each student’s skills levels
and academic goals.

College readiness and work readiness preparation coursework.

2. Instruction for reengagement students may include:

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Competency-based academic and/or vocational training.

College preparation math or writing instruction.

Subject specific high school credit recovery instruction.

English language learner instruction (ELL).

Other coursework approved by the District, including cooperative work experience.

3. Instruction may not be limited to only those courses or subject areas in which students are
deficient in high school credits.

4. All reengagement instruction will be designed to help students acquire high school credits,
acquire at least high school skills, and be academically prepared for success in college
and/or work. All instruction will be provided in accordance with the skill level and learning
needs of individual students and not the student’s chronological age or associated grade
level. Therefore:

a.

b.

All instruction that is at the ninth (9th) grade level or higher shall generate credits that
can be applied to high school diploma, and;

All instruction that is below the ninth (9th) grade level shall not generate high school
credits but will be counted as part of the Program’s instructional programming for the
purposes of calculating student enrollment and will be designed to prepare students for
coursework that is at the ninth (9th) grade level or higher (Reference RCW
392.121.107).

5. Each area of coursework, as specified in Sections E.1. and E.2., will have a course outline
that specifies:

a.
b.

Identified instructional materials.
Specific intended learning outcomes.

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6.

10.

c. Procedures and standards for determining attainment of learning outcomes.
d. Policy for grading and award of credit.

The Program may restrict or deny access into specific program elements if a student's
academic performance or conduct does not meet established guidelines.

The Consortium LEA will administer standardized tests within one (1) month of enrollment
or secure test results from no more than six (6) months prior to enrollment in order to
determine a student's initial math and reading level upon entering the Program. A
commonly accepted standardized academic skills assessment tool will be used. All required
assessments will be provided to the students free of charge.

The Consortium LEA will provide instruction, tuition, and required academic skills
assessments at no cost to the students but may collect mandatory fees as established by
the Program.

a. Consumable supplies, textbooks, and other materials that are retained by the student do
not constitute tuition or a fee.
b. The Program will establish a waiver/scholarship process for qualifying students.

Instruction will be scheduled so that all enrolled students have the opportunity to attend and
work with instructional staff during all the hours of the Program’s standard instructional day.

All instructional staff will be assigned by the Consortium LEA but must meet the certification
criteria set forth for instruction in Washington state (or if instruction is provided from a
college, meet the college hiring criteria) and will have prior experience in working with at-
risk youth and/or in providing individualized instruction.

F. Instructional Staff to Student Ratio.

1.

The scheduled teaching hours of an instructional staff FTE will equal or exceed the hours of
the Program’s standard instructional day plus one (1) additional hour per every five (5)
teaching hours for planning, curriculum development, record-keeping, and required
coordination of services with case management staff.

The Consortium LEA will assign instructional staff as needed to maintain an instructional
staff FTE to student ratio that does not exceed 1:25.

If the noninstructional staff are part of the calculated instructional staff FTE to student ratio,
the following conditions must be met:

a. Noninstructional staff may not be a replacement for the instructional staff and must work
under the guidance and direct supervision of the instructional staff.

b. The ratio of total instructional and noninstructional staff FTE to students may not exceed
2:50.

Only staff time that is dedicated to providing instruction to reengagement students will be
included in the calculation of a Program’s instructional staff FTE to student ratio.

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G. Case Management and Student Support.

The Consortium LEA will be responsible for the provision of case management services to all
enrolled students in accordance with the following:

1.

Case management staff will be assigned to the Program to provide accessible, consistent
support to students, as well as academic advising, career guidance information,
employment assistance or referrals, and referrals to DSHS.

The Program will maintain a case management staff to student ratio not to exceed 1:75
(one case manager FTE to seventy-five (75) enrolled students) on a full-time continuous
basis throughout the school year.

Only the percent of each staff member’s time that is allocated to fulfilling case management
responsibilities will be included in the calculation of a Program’s case management staff
FTE to student ratio.

Even though the provision of case management services will require case management
staff to work in the community to meet client needs, case management staff will be primarily
based at the Program’s instructional site(s).

The Consortium LEA will ensure that case management services and instruction are
integrated and coordinated and procedures are established that facilitate timely relevant
communication about student progress.

All case management staff will be employed by the Consortium LEA and will have at least a
Bachelor’s degree in social work, counseling, education, or a related field; OR, at least two
(2) years experience providing case management, counseling or related direct services to
at-risk individuals or sixteen to twenty-one (16—21) year old youth.

H. Awarding of Credit.

In accordance with RCW 28A.175.100, high school credit will be awarded for all Consortium
LEA coursework in which reengagement students are enrolled, including high school
equivalency certificate preparation, in accordance with the following:

1.

2.

High school credit will be awarded for the Program instruction provided by the Consortium
LEA in accordance WAC 392-700-137.

The District will ensure that the process for awarding high school credits as described
above is implemented as part of the District’s policy regarding award of credits per WAC
180-51-050(5) and (6).

Consortium LEA documentation related to the earned credits will be provided to the student
and the District that will be responsible for awarding of credits.

l. Statewide Student Assessment.

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1.

The District will work with the Consortium LEA to ensure that all reengagement students
participate in the statewide student assessment and understand that this assessment, or an
approved alternative, is a high school graduation requirement for students in some
graduating cohorts and is one of many ways to meet a graduation pathway for the class of
2020 onward.

The District will include reengagement students when calculating districtwide statistics in
relation to the statewide assessments.

J. Provision of Special Education and Section 504 of the 1973 Rehabilitation Act
Accommodations and Transitional Bilingual Instructional program.

1.

The District is responsible for the provision of special education services to any Program
student who qualifies for special education in accordance with all state and federal law and
pursuant to WAC chapter 392-172A.

The District/Program will provide the same accommodations to any enrolled students under
Section 504 of the 1973 Rehabilitation Act as it provides to all students of the district.

The resident district is responsible for the provision of services to students who are eligible
for transitional bilingual services and are otherwise qualified for participation in the program.
The Consortium LEA may provide these services, and the additional funds claimed by the
district may be passed through to the Consortium LEA if the Consortium LEA is providing
the ELL services.

K. Annual School Calendar.

The following requirements will be met in relation to the school calendar:

1.

2.

The school year begins on September 1st and ends on August 31st.

The Consortium LEA will provide the District with a calendar of the school year prior to the
beginning of the Program’s start date.

The school year calendar must meet the following criteria:

a. The specific planned days of instruction will be identified.
b. There must be a minimum of ten (10) instructional months.

The number of hours of instruction must meet the following criteria:

a. Astandard instructional day may not exceed six (6) instructional hours per day even if
instruction is provided for more than six (6) hours per day.

b. A standard instructional day may not be less than two (2) hours per day.

The Program’s total planned hours of instruction for the school year:

a. Is the sum of the hours of instruction for all instructional months of the Program’s school
year.

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b. Must have a minimum of one thousand (1,000) annual planned hours of instruction.

L. Reporting of Student Enrollment.

Programs will report to the District their Program enrollment using the Form P223-1418 each
month. The enrollment will be based on the monthly count day as defined in WAC 392-121-
119. The Program will certify by signing the Form P223-1418 the accuracy of the enrollment
reported. The Form is due to the District by the eighth (8th) calendar day of the months October
through August and for the month of September, the date found on the back of the form.

In accordance with WAC 392-700-160, the following criteria must be met for each student
claimed by the Program for state funding on each monthly count day:

1.

10.

11.

Meets all eligibility criteria pursuant to WAC 392-700-035 or Section C of this Letter of
Intent;

Is enrolled in a Program, as well as the District;

Meets the attendance period requirement pursuant to WAC 392-700-015(3);

Meets the weekly status check requirement pursuant to WAC 392-700-015(23);

Has not withdrawn or been dropped from the Program prior to the monthly count day;

Is not being claimed by a state institution pursuant to WAC 392-122-221 on the monthly
count day;

Whose Program enrollment is not being claimed by a college for postsecondary funding;

Is not currently enrolled in a high school program, including Alternative Learning
Experience, College in the High School, or another reengagement program; excluding
Jobs for Washington’s Graduate (JWG) program;

If concurrently enrolled in a Running Start, Skills Center, or JWG program, is not exceeding
the full-time equivalent (FTE) limitation pursuant to WAC 392-121-136;

Has not exceeded the 1.0 annual average FTE (AAFTE) for the school year to include prior
months’ enrollment in a high school, at a state institution, and in JWG program; and

After being claimed for three months, has made academic progress by either earning an
indicator of academic progress identified in WAC 392-700-015(14) or a credential identified
in WAC 392-700-015(11).

M. Funding and Reimbursement

The District and the LEA will receive state basic education apportionment funding through
OSPI, pursuant to WAC 392-700-165 and according to the procedures set forth below:

1.

Distribution of funding will be as follows:

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The District will retain five (5) percent of the basic education allocation.

The Consortium LEA will receive ninety-five (95) percent of the basic education
allocation.

By October 1, the District shall provide a written schedule to the Consortium LEA,
identifying the dates that the Consortium LEA shall submit invoices for reimbursement to
the District. Invoices will correlate to the enrollment reported monthly on the P223-1418
form submitted by the Consortium LEA. to the District.

. The District shall remit payment within thirty (30) days of the receipt of an invoice,

except for the final payment for the year, which will be made by October 31. Payment
will be contingent upon the Consortium LEA’s submittal of all required reports as defined
in Section P.3.

2. The District may report and retain Special Education funding from OSPI for eligible students
receiving special education services.

3. The Program may provide transportation for students, but additional funds are not
generated or provided.

4. Reengagement students enrolled in a state-approved K-12 transitional bilingual
instructional program pursuant to WAC 392-160 can be claimed by the District for bilingual
enhanced funding.

N. Required Documentation and Reporting.

The Program and District will maintain the following documentation and provide the following
reporting pursuant to WAC 392-700-175.

1. Student Documentation:

a.

b.

The Consortium LEA shall maintain student documentation to support eligibility as
specified in Section C and enrollment as specified in Section D.

The Consortium LEA shall, on behalf of the District, request school records for each
student from the last school they attended.

The Consortium LEA shall maintain documentation of case management, student
assessment, basic skills gains, attainments of credentials, earned measure of academic
progress, and award of credit.

The Consortium LEA will comply with all state and federal laws related to the privacy,
sharing, and retention of student records.

Access to all student records will be provided in accordance with the Family Educational
Rights and Privacy Act (FERPA).

2. Monthly Student Reporting:

a.

The District will ensure that all required Program student information is reported in the
student information system and in CEDARS in accordance with OSPI’s standard
procedures.

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b. The Consortium LEA is also responsible for performing required data entry following
OSPI’s standard procedures for all Reengagement Programs as the owner of the R type
school.

3. Annual Reporting:

a. The Consortium LEA will prepare and submit an annual performance report to the

District no later than October ‘st.

b. The District will review and submit the annual performance report to OSPI no later than

November ‘st.

c. The annual report will include the following:
i. Program's total number of students by gender, age, and race/ethnicity who were
enrolled, who were dismissed by the Program, and who voluntarily withdrew.

ii. Program's total number of students by gender, age, race/ethnicity, and credential
type who earned a credential as defined in WAC 392-700-015(10).

iii. Program's total number of students by gender, age, race/ethnicity, and indicator of
academic progress types who attained an indicator of academic progress as defined
in WAC 392-700-015(14). For high school and college credit, detail the subject area.

iv. Total number of instructional staff assigned to the Program.

O. District Administrative Responsibilities.

1.

Upon Office of Superintendent of Public Instruction’s (OSPI) determination that this Scope
of Work contains approved standard language that delineates responsibility for all the
required elements of a Reengagement Program as outlined in RCW 28A.175.100 and WAC
392-700, OSPI will assign a school code to be used by the District, the Consortium LEA,
and OSPI to exclusively identify the Program. The District will use this code in its student
information system and in Comprehensive Education Data and Research System
(CEDARS) to identify all students enrolled in the Program.

The District will work cooperatively with the Consortium LEA to implement this Scope of
Work and to ensure that quality reengagement services are provided in accordance with
WAC 392-700.

The District will designate a primary contact person to work with the Consortium LEA in
implementing this Scope of Work and to provide oversight and technical assistance.

P. Longitudinal Performance Goals.

1.

Longitudinal performance data for the Program and the statewide reengagement system as
a whole will be reported through the Washington’s P—20 (pre-school to post-secondary and
workforce) longitudinal data system, the Education Research and Data Center (ERDC).

The District will work with the Consortium LEA to collect and report student data requested
by the ERDC in order to accomplish the longitudinal follow-up of reengagement students.
Specifically, the following unique identifier data points will be collected, to the extent
possible, by the Program, reported by the Consortium LEA, and verified by the District for
each enrolled reengagement student:

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Full legal name.

Birth date.

State student identifier number (SSID).

Social security number.

College student identification number (SID), if applicable.

oaon0®w

3. While reengagement students will be encouraged to provide the data needed for
longitudinal follow-up, the Program will ensure that a student’s unwillingness or inability to
provide the requested data will not be a barrier to enrollment.

Q. Records.

All operations of, and accounting by, either party pertaining to this Scope of Work shall be open
to the inspection of either party.

. Indemnification.

As part of the terms of this Scope of Work, each party shall each be responsible for the
consequences of any act or failure to act on the part of itself, its directors, employees, and its
agents. Each party shall be responsible for its own negligence, and neither party shall
indemnify or hold the other party harmless; neither party assumes responsibility to the other
party for its consequences of any act or omission of any person, firm, or corporation not party to
this Scope of Work. In the event of fiscal recapture due to inconsistencies or misinterpretation
of law, both parties agree to collaboratively address the issue or issues and seek a
collaborative solution.

. Applicable Law.

This Scope of Work is entered into pursuant to and under authority granted by the laws of the
state of Washington and any applicable federal laws. The provisions of this Scope of Work shall
be construed to conform to those laws. In the event of any inconsistency in the terms of this
Scope of Work, or between its terms and any applicable statue or rule, the consistency shall be
resolved by giving precedence in the following order:

1. Applicable state and federal statutes and rules.

2. Statement of work herein.

3. Any other provisions of the Scope of Work, including materials incorporated by
reference.

. No Separate Entity Created.

No separate legal or administrative entity is intended by this Scope of Work.

. Amendment and Waiver.

This approved Scope of Work may be waived, changed, modified, or amended only in
writing by authorized individuals of both parties. If any provision of the Scope of Work shall
be deemed in conflict with any statute or rule of law, such provision shall be modified to be
in conformance with said statute or rule of law.

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V. Entire Agreement.

This Scope of Work constitutes the entire agreement of the parties and supersedes any
previous written or oral Scopes of Work. Any other Scope of Work, representation, or
understanding, verbal or otherwise, relating to the services of Consortium LEA and the District,
or otherwise dealing in any manner with the subject matter of this Scope of Work, is hereby
deemed to be null and void and of no force and effect whatsoever.

District Program Administrator (print name)

Signature Date

Consortium LEA Program Administrator (print name)

Signature Date

Scope of Work for 1418 Reengagement Program Approved by OSPI:

OSPI Reengagement Program Administrator

Signature Date

OSPI Assistant Superintendent

Signature Date

School Code assigned to this Program: Qualification Code(s):

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Scope of Work — Consortium Lead Educational Agency Run 1418 Reengagement Program (Rev.
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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal, WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06
AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose
SCHOOL NURSING (RN) SERVICES

To provide the District with registered nurse (RN) services.

Agreement Number: 25078-027 Financial Terms: Payments under this
Agreement shall not exceed $374,398.00

Agreement Period Invoice Schedule: To be billed in ten (10)

Initial Term Start: September 1, 2024 monthly installments of $37,439.80, September

Initial Term End Date: August 31, 2025 | 2024 through June 2025.

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 7335 81 5430 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL OB executed signature by email to:
BUSSVC APPROVAL  JIV districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25078-027
School Nursing (RN) Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing registered nurse (RN) services to the District.

The provision of educational, instructional, or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $374,398.00
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in ten (10) equal monthly

installments of $37,439.80, beginning September 2024 through June 2025.

Invoices shall be paid within thirty (30) days of receipt.

3.2.1 Additional services requested by the District, such as described in
Section 4.1.1.1 below, shall be invoiced by ESD112 as incurred at actual
cost, plus a 9% administrative fee.

Budget. A separate budget for services under this Agreement is not necessary

and therefore is not being prepared. Expenses and revenues shall be

addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection

with the obligations under this Agreement, including but not limited to

equipment, materials, supplies and funds, shall be owned and retained by

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Washougal School District No. 112-06
Agreement No. 25078-027
School Nursing (RN) Services

ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:
4.1.1 Provide up to one-hundred and twenty-five (125) hours of qualified
registered school nurse (RN) services, for up to thirty-six (36) weeks, on
a schedule as mutually agreed and based on availability if the nurse.
4.1.1.1 If the District requires coverage due to a child’s acuity during an
RN absence related to staff illness, ESD112 shall make every
reasonable effort to provide coverage for the RN’s illness-related
absence.
4.1.2 Provide staff evaluation and supervision in cooperation with District
administrators.
4.1.3 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:

4.2.1 Provide necessary record forms, office space and office equipment in each
school building where services are provided, to include:
4.2.1.1 Secured filing cabinets for records and health information.
4.2.1.2 Private space for assessments and confidential conversations, as

reasonably required for the performance of any school health
service.

4.2.2 Provide secretarial, technical, and clerical assistance commensurate with
other District/school professional staffing.

4.2.3 Establish health room procedures, approved by the RN, and ensure school
staff are responsible for the care of students and treatment of illness and/or
injury, in accordance with the established procedures. Although the RN
shall assist in the emergency care plan development and in the training of
unlicensed staff, it is the responsibility of the District to implement the
plan.

4.2.4 Provide emergency medical care for students while attending school or
school-sponsored activities.

4.2.5 Provide the RN access to all student health records, including individual
student health histories, for review.

4.2.6 Take responsibility for monitoring student immunization compliance and
all immunization data entry. The RN shall be available for immunization
consultation and coordination of immunization data collection.

4.2.7 Inform the RN and the local health jurisdiction of all suspected cases of
reportable communicable disease, public health emergencies, and/or
breakdown in environmental sanitation occurring in the District.

4.2.8 Participate in appropriate regional and state health services data collection.

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Washougal School District No. 112-06
Agreement No. 25078-027
School Nursing (RN) Services

4.2.9 Encourage and support RN attendance at State Nursing Corps Trainings as
ESD112 during the school year.
4.2.10 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

es ee
SIGNATURE AUTHORITY / NOTICE ee
Er
| Position: | Interim Superintendent ___—|_| Superintendent
|Phone: | 360.954.3005 || 360.750.7500
a —————

PROGRAM CONTACTS

| Name: | | Name: | Connor McCroskey | Colleen Wahto

Position: | Director of Special Education Health Services Director, Specialized
Student Services

Phone: | 360.954.3021 | | 360.952.3577,
Email: | connor.mccroskey@washougalsd.org |_| colleen.wahto@esdl12.0rg |
FISCAL / BUDGET CONTACTS |

[Name |KrisGrindy | | OksanaBalaban
Position | Business Services Officer |_| Budget Analyst ISS
|Phone: | 360.954.3003 | | 360.952.3469
|Email: | kris.grindy@washougalsd.org _|_[ oksana-balaban@esd112.org |
ACCOUNTING / BILLING CONTACTS |

Name [KimGoodrich «| Christy Staleup
| Position: | Accounting Manager |_| ARSpecialist Eo
|Phone: | 360.954.3006 | | 360.952.3490
| Email: | kim.goodrich@washougalsd.org _ |_| christy.stalcup@esd112.0rg_ |

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Washougal School District No. 112-06
Agreement No. 25078-027
School Nursing (RN) Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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School Nursing (RN) Services

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25078-027
School Nursing (RN) Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
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School Nursing (RN) Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25078-027
School Nursing (RN) Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement

transmitted by facsimile copy or electronic mail shall be the equivalent of original
signatures on original versions.

WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

SPECIALIZED TRANSPORTATION SERVICES COOPERATIVE

To provide specialized transportation services through a regional Specialized

Transportation Cooperative in situations of high cost and low incident student

transportation.

Agreement Number: 25037-027 Financial Terms: Payments under this
Agreement shall not exceed $3,000.00 for districts
with less than 2,000 students or $6,000.00 for
districts with more than 2,000 students, invoiced
annually by September 30, 2024 (see Exhibit A,
Section 3.1 for fee schedule).

Agreement Period Invoice Schedule: To be billed in full,

Initial Term Start: September 1, 2024 September 2024.

Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION | IF OPTING OUT OF ELECTRONIC



Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

REV ACCT NO: 9976 81 5610

DEPT APPROVAL JK
BUDGET APPROVAL LB

BUSSVC APPROVAL —JIV

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Page 2

SIGNATURE:
Send scanned copy of Agreement with
executed signature by email to:
districtcontracts@esd112.org


Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.
1.1. ESD112 and the District are entering into this Agreement for the purpose of

providing specialized transportation services through a regional Specialized
Transportation Cooperative (the Cooperative) in situations of high cost and
low incidence student transportation. The transportation model is based upon
shared ridership for our member districts.

1.2. The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

2. Term.

2.1 Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

2.2. Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1 Agreement Amount. The District shall pay ESD112 an amount of $6,000.00
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below, which shall be an annual assessment to the members to
operate the Cooperative.

3.1.1 For member districts with enrollment greater than 2,000 students, the fee
shall be $6,000.00.

3.1.2 For member districts with enrollment less than 2,000 students, the fee
shall be $3,000.00.

3.1.3 The member districts shall further agree to pay any additional assessment
of program costs which exceeds program revenue, the allocation of which
shall be on a pro-rata basis among member districts. Assessments may
include capital costs.

3.1.4 For services under Section 4.1.2 below, transportation charges shall be
$5.14 per mile.

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

3.2

3.3

3.4

Invoicing. ESD112 shall invoice the District annually for fees under the terms
of 3.1 above by September 30, 2024. Ifa district joins the Cooperative after
September 1, 2024, fees shall be postmarked within five (5) working days of
the last day of the first month of participation in the Cooperative. Invoices
shall be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following

obligations for delivery of services under this Agreement:

4.1

Responsibilities of ESD112. ESD112 shall:

4.1.1 Oversee the operation of the Cooperative, providing specialized
transportation services for a high cost and low incident services based
upon a shared ridership model for a 180-day school year, defined as:
4.1.1.1 Inter-district special education transportation;
4.1.1.2 Inter-district McKinney Vento “Homeless” Assistance Act

transportation;
4.1.1.3 Inter-district 504-required transportation;
4.1.2 Provide other transportation services when resources permit, on an
individual district supplemental fee-for-services basis, including but not
limited to: after-school programs; extended school year programs; and bus
leasing.
4.1.3. Notify the District as to whether the Cooperative is able or unable to
provide services under Section 4.1.1 and 4.1.2 above. Transportation
services under Section 4.1.1 and 4.1.2 may be declined for factors
including, but not limited to: lack of drivers, lack of vehicles, routing,
safety considerations and excessive student absences following
communication with designated district staff.
4.1.4 The Cooperative does not provide transportation for Choice students.
4.1.4.1 The Cooperative shall reimburse the District for incurred expenses
for transportation of students who qualify for transportation, but
where the Cooperative is unable to provide the services.

4.1.4.2 Any reimbursement for incurred expenses shall be in excess of the
transportation revenue the District is entitled to receive from the
Office of the Superintendent of Public Instruction (OSPI) (see
Section 4.2.6 below).

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

4.2

4.1.5

Be responsible for employment of any necessary staff and the general
administration of the Cooperative. Staff and/or personnel shall be
considered employees of ESD112.

Collect state allocation revenue for eligible students based upon
Cooperative students transported.

Convene an Executive Committee to serve as an advisory council to the
Cooperative.

Provide an appeal process, through the Executive Committee, if the
District disputes a denial of transportation request.

Send the District proposed amendments to this Agreement at least forty-
five (45) days before the amendments shall take effect in accordance with
Exhibit B, Section 3.

4.1.10 Invoice the District in accordance with Section 3 above.

Responsibilities of the District. The District shall:

4.2.1

4.2.2

4.2.3
4.2.4

4.2.5

4.2.6

4.2.7

4.2.8

Designate an individual to serve as a liaison with ESD112 in special
transportation matters.

Provide to ESD112, as the Cooperative administrator, any student
transportation information regarding the scope of services and safety as
may be deemed necessary by the Cooperative for management of the
Cooperative and successful delivery of services.

Pay invoices in accordance with Section 3.

Pay any additional assessments, should the fees be paid under this
Agreement for services, per Sections 4.1.1 and 4.1.2 above, be insufficient
to pay for the services required by the District hereunder, or should
expense exceed revenue. ESD112 shall identify such expenditures and the
cost overrun shall be prorated to members of the Cooperative based upon
the cost model approved by the Executive Committee.

Discuss any additional services that are needed that are beyond the scope
of the Agreement and execute mutually upon amendments to this
Agreement in accordance with Exhibit B, Section 3.

Submit a monthly invoice to ESD112 for any transportation costs the
District incurs for transportation expenses under Section 4.1.3 above.

Be responsible to make transportation arrangements for eligible riders if
the Cooperative is unable to provide the transportation (see Section 4.1.3
above).

Pay ESD112 in accordance with Section 3 above.

Agreement Contacts,

(Continue on next page)

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

| | esrcr |]
[SIGNATURE AUTHORITY /NOTICE CONTACT Required
[Name [AaronHansen | ([TimMerlinn C=
FPosidons | Interim Superintendent | [Superintendent ————S—S
Phone: 360.9543005_——~S~d:«*idi 80 750.7500 —SSSSSSCSC*S
Email: [aaron hansen @washougalsd.org | _[tim.merlino@esdli2.0rg |
[SSSSCS™SCSROGRAMCONTACTS—CCOC“‘s*S*d
[FISCAL BUDGET CONTACTS. —CCtC*
[Name [KrisGrindy = Lori Baker SSCS
 Posidon’ | Business Services Officer |_| Budget Specialist —SCSC~=*Y
Phone: [3609549008 —=—S~S~r:«*i SOB SSSSSCSC~*
Email: | hrs grindy@washougalsdiorg | [loribaker@esdii2org |
_CACCOUNTING/BILLING CONTACTS. SSCS
[Name [KimGoodrich ————*|-*[ChristyStaloup SCS
FPosidon | Accounting Manager | [AR Specialin 11S
Phone: [360.954.3006 —~—S~d:«*idi SBD SSSSSSCSCSCS~*Y
[Emit | kim goodrich@washougalsdorg | [christystaleup@esdl Zorg |

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25037-027
Specialized Transportation Services Cooperative

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:
EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

STUDENT THREAT ASSESSMENT PROGRAM

To provide for the District’s participation in ESD112’s Student Threat Assessment

Program.

Agreement Number: 25091-027
Agreement shall not exceed $4,129.07.

Agreement Period Invoice Schedule: To be billed in full,

Initial Term Start: September 1, 2024 September 2024.

Initial Term End Date: August 31, 2025
Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 8975 81 5240 SIGNATURE:

DEPT APPROVAL Send scanned copy of Agreement with
BUDGET APPROVAL executed signature by email to:
BUS SVC APPROVAL districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

3.

EXHIBIT A
TERMS FOR SERVICES PROVIDED

Purpose.

1.1

1.2

Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
the District’s participation in the Student Threat Assessment Program
administered by ESD112. The program provides a comprehensive, multi-
agency system to assist schools in addressing students who pose a threat for
committing acts of violence and to provide options for intervention.

1.1.1 Level I services are coordinated with school-based site teams.

1.1.2 Level II services engage a multi-agency community team with school-
based site teams. The multi-agency community Level II team shall
consist of the school-based site team, ESD112 threat assessment
coordinator, school/district resource officer and/or law enforcement,
and representatives from Juvenile Justice, Child Protective Services,
Public Mental Health and the county’s Fire Marshall.

The provision of educational, instructional or specialized services in

accordance with this Agreement are intended to improve student learning or

achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

Finance, Budget and Property.

3.1

3.2

Agreement Amount. The District shall pay ESD112 an amount of $4,129.07
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in full, September 2024. Invoices
shall be paid within thirty (30) days of receipt.

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

3.3

3.4

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following

obligations for delivery of services under this Agreement:

4.1

4.2

Responsibilities of ESD112. ESD112 shall:

4.1.1 Coordinate implementation of, and ongoing functioning of, a Student
Threat Assessment System Program.

4.1.2 Provide training and consultation to school-based team sites for Level I
services (see Section 1.1.1 above). Provide general mental health and
behavior consultation related to threatening student behaviors.

4.1.3 Coordinate multi-agency community team for Level IT responses (see
Section 1.1.2 above). The Level II team shall meet 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 I process.

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

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

4.1.6 Report on threat assessment activities to the superintendents of the
District via the (Clark and Cowlitz) County Safe Schools Task Force(s).

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

4.1.8 Invoice the District in accordance with Section 3 above.

Responsibilities of the District. The District shall:

4.2.1 Follow guidelines of the ESD112 Student Threat Assessment Program for
student threat assessments such as training key staff members regarding
the process of students or situations of concern. Guidelines shall be
provided to the District at required training sessions.

4.2.2 Identify school-based site teams at each school in the District and make
them available for Level I training.

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

4.2.2.1 School-based site teams shall consist of an administrator,
counselor/psychologist, school resource officer and others who
may know a student (teachers, coaches, special education case
managers, therapists, etc.).
4.2.2.2 School-based site teams meet and complete Level I Assessment
documents. The team then develops a management and
supervision plan. Ifthe team feels they need further assistance
and resources, they may request additional assistance from the
threat assessment coordinator, and Level IT threat assessment
services.
4.2.3 Identify a contact person to coordinate with the ESD112 Threat
Assessment Coordinator on threat assessment matters for the District.
These include, but are not limited to:
4.2.3.1 The need for Level I training for school-based site teams.
4.2.3.2 The need for a multi-agency community team for Level II
engagement.
4.2.3.3 The need for mental health consultation at Level I.
4.2.4 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

| SIGNATURE AUTHORITY / NOTICE CONTACT-Required |
|Name: | AaronHansen |_| TimMerlino
Position: | Interim Superintendent ____|_| Superintendent
|Phone: | 360.954.3005 || 360.750.7500,
eras opin bansenevahousad ots meting) Zorg __

PROGRAM CONTACTS

|Name: | a a
ia
Same as above 360952364 School and Safety Center

| [360.952.3644 = sd 952.3644

SS
J CFISCAL/BUDGETCONTACTS
|Name: | KrisGrindy || Brandon Denny
FPosidons | Business Services Officer [Budget Analyst ——SSS—=S
|Phone: | 360.954.3003 || 360.952.3399
|Email: | kris.grindy@washougalsd.org _|_| brandon.denny@esd112.0rg
|) ACCOUNTING /BILLINGCONTACTS
|Name: | KimGoodrich || Christy Stalcup
[Posidons | Accounting Manager | [AR Specialist SCS

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

360.954.3006 |_| 360.952.3490

kim.goodrich@washougalsd.org | | christy.stalcup@esd112.org

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25091-027
Student Threat Assessment Program

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06

AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose
TRUANCY PROGRAM SERVICES
To provide the District with services from Clark County Attendance and Reengagement
Program and the Community Engagement Board, coordinated by ESD112, on behalf of the
Clark County Juvenile Court, as mutually deemed agreeable.

Agreement shall not exceed $4,100.00.
Agreement Period Invoice Schedule: To be billed September 2024
Initial Term Start: September 1, 2024 or as of the effective date by signature, if later.

Initial Term End Date: August 31, 2025
Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided
Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 5988 81 5220 SIGNATURE:

“DEPT APPROVAL CPW .ti‘ia‘CO;OC.. Send scanned copy of Agreement with
BUDGET APPROVAL = AJ executed signature by email to:

BUSSVC APPROVAL JIV districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing services from Clark County Attendance and Reengagement Program
and the Community Engagement Board, coordinated by ESD112, on behalf of
the Clark County Juvenile Court.

The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $4,100.00
for services provided under this Agreement as described in Section 1.1 above
and Section 4 below.

Invoicing. ESD112 shall invoice the District in one annual billing in
September 2024, or as of the effective date by signature, if later. Invoices shall
be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:
4.1.1 Provide a workshop on truancy attendance and facilitate a Community
Engagement Board to intervene with youth who have excessive school
absences, as mutually deemed agreeable. Such services may be subject
to change pursuant to written Agreement between ESD112 and the
District, but shall include:
4.1.1.1 Staff to coordinate meetings, conduct an initial workshop, execute
intake with truants and write up contract recommendations for
truants.

4.1.1.2 Liaison between the District and Clark County Juvenile Services to
administer a truancy intervention effort, providing mentoring,
tutoring and community resource referrals.

4.1.2 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:

4.2.1 Assign a District liaison to the Community Engagement Board who can
make decisions regarding a truant’s school program.

4.2.2 Refer students, who continue to be truant despite the stay of proceedings
and the services provided at the initial truancy workshop (see Section
4.1.1 above).

4.2.3 Provide advisory support and attendance monitoring access to assist
ESD112 with program development and direction.

4.2.4 Pay an even monthly amount based on the number of referrals from the
prior year.

4.2.5 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

a
SIGNATURE AUTHORITY / NOTICE si

[a

| Position: | Interim Superintendent___—|_| Superintendent

|Phone: | 360.954.3005 | [360.750.7500

Sra _[enco hansengrvashougels.org 1 tom petino@erd!2org __

PROGRAM CONTACTS

|Name: | AaronHansen || Claire Pearson-Walker

—— Attendance & Reengagement
Same as above Manager

Fe es ECS ETT
PEmait [| Taare pearsonvalker@esdl Ion

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

SCAR /BueETcoNTAcTS. —SCSCS~S~*~r
PWame: [KrisGrindy (| ‘[AnthonyJarrell
 Posivon | Business Services Officer |_| Business Services Analyst
Phone: —] 360.9543003 —=—S~w~=*idi SSSR
[Email [ kris grindy @washougalsd.org | [anthony jareli@esdiT.org

[CACCOUNTING7BIELING CONTACTS. Sd
fWame: —[KimGoodrich ——————*| ‘| ChristyStaloup
 Posivons | Accounting Manager| [ AR Specials
Phone: —] 360.9543006 ——S~*d:«*di 3609523490
[Email | kim goodrich@washougalsd.org | [christystaleup@esdi12.org

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

22 Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

4. Termination and Damages for Termination with Inadequate Notice.
4.1 Mutual Termination. This Agreement may be terminated by mutual

agreement by the Parties.

4.2 Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

4.3 Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

4.4 Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

4.5 Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

5.1

5.2

5.3

5.4

5.5

5.6

5.7

5.8

5.9

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.
Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.

Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

5.10

5.11

5.12

5.13

5.14

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found
to be “works for hire”, the District hereby irrevocably assigns all right, title
and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party

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Washougal School District No. 112-06
Agreement No. 25025-027
Truancy Program Services

waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

5.15 Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and
supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

6. Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/www.sam.gov/SAM) and that they are not presently debarred, suspended, proposed
for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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Page 9


93INTERLOCAL AGREEMENT FOR RENEWING SERVICES
FISCAL YEAR 2024-2025

IFS D Gp 4) @ EDUCATIONAL SERVICE DISTRICT NO 112

2500 NE 65th Avenue
Vancouver WA 98661-6812
Parties to the Agreement:
Educational Service District No. 112, hereinafter referred to as “ESD112”, and Washougal
School District No. 112-06, 4855 Evergreen Way, Washougal WA 98671-9176, hereinafter
referred to as the “District”.

IN WITNESS WHEREOF, the District and ESD112 (the Parties) have executed this
Agreement on the date and year indicated below. Signed versions of this Agreement
transmitted by facsimile copy or electronic mail shall be the equivalent of original

signatures on original versions.
WASHOUGAL SCHOOL DISTRICT NO 112-06
AUTHORIZED SIGNATURE:

EDUCATIONAL SERVICE DISTRICT NO 112

AUTHORIZED SIGNATURE:

Summary Statement-Agreement Purpose

ASSOCIATE MEMBERSHIP FOR TV ETC CONSORTIUM

To provide the District with Associate Member level access to educational and cable

television service through the TV ETC Consortium.

Agreement Number: 25059-027 Financial Terms: Payments under this
Agreement shall not exceed $350.00

Agreement Period Invoice Schedule: To be billed in full

Initial Term Start: September 1, 2024 September 2024.

Initial Term End Date: August 31, 2025

Nonrenewal Notification: May 1, 2025

Attachments: This Agreement consists of this summary signature page and the following
exhibits, which constitute the entire understanding of the Parties.

Exhibit A: Terms for Services Provided

Exhibit B: General Terms & Conditions

ESD112 INFORMATION IF OPTING OUT OF ELECTRONIC
REV ACCT NO: 7863 71 5630 SIGNATURE:

DEPT APPROVAL Monique Dugaw Send scanned copy of Agreement with
BUDGET APPROVAL Xander Hayes executed signature by email to:
BUSSVC APPROVAL _ Jenny Taisacan-Vilante districtcontracts@esd112.org



Washougal School District No. 112-06
Agreement No. 25058-027
Associate Membership for TV ETC Consortium

EXHIBIT A
TERMS FOR SERVICES PROVIDED

1. Purpose.

1.1

1.2

2. Term.

2.1

2.2

ESD112 and the District are entering into this Agreement for the purpose of
providing the District with Associate Membership to the TV ETC Consortium.
TV ETC provides assistance and educational cable television services to
member districts

The provision of educational, instructional or specialized services in
accordance with this Agreement are intended to improve student learning or
achievement.

Initial Term. The Initial Term for the Agreement shall be from September 1,
2024, to August 31, 2025.

Renewal Term. This Agreement shall automatically be renewed for an
additional one-year term (the Renewal Term) unless either party to the
Agreement notifies the other party in writing prior to May 1* that it is not
renewing the Agreement. The party that fails to provide written notice before
May 1* shall be required to pay damages in accordance with Section 4 of
Exhibit B. Changes to services ESD112 is obligated to provide or fees the
District is obligated to pay shall be addressed as amendments (Exhibit B,
Section 3) to this Agreement.

3. Finance, Budget and Property.

3.1

3.2

3.3

3.4

Agreement Amount. The District shall pay ESD112 an amount of $350.00 for
services provided under this Agreement as described in Section 1.1 above and
Section 4 below

Invoicing. ESD112 shall invoice the District in in September 2024. Invoices
shall be paid within thirty (30) days of receipt.

Budget. A separate budget for services under this Agreement is not necessary
and therefore is not being prepared. Expenses and revenues shall be
addressed in the District’s and ESD112’s budget.

Property. All personal property and assets acquired or received in connection
with the obligations under this Agreement, including but not limited to
equipment, materials, supplies and funds, shall be owned and retained by
ESD112, both during the term of this Agreement and after the Agreement is
terminated, partially or completely. Real property shall not be acquired.

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Washougal School District No. 112-06

Agreement No. 25058-027

Associate Membership for TV ETC Consortium

4. Scope of Services and Parties’ Obligations. The Parties agree to fulfill the following
obligations for delivery of services under this Agreement:
4.1 Responsibilities of ESD112. ESD112 shall:

4.1.1 Provide access to TV ETC educational channels on Comcast CH 27, 28,
29 & 328. Access to TV ETC educational channels on Comcast CH 27,
28, 29 & 328.

4.1.2 Provide playback of District videos on TV ETC channels.

4.1.3 Provide message posts on TV ETC channel reader boards.

4.1.4 Offer a discounted rate of $93.00 per hour for video production services
which may include levy/bond informational videos, special features or
other videos, as requested.

4.1.5 Invoice the District in accordance with Section 3 above.

4.2 Responsibilities of the District. The District shall:
4.2.1 Pay ESD112 in accordance with Section 3 above.

5. Agreement Contacts.

—— =
SIGNATURE AUTHORITY / NOTICE CONTACT-Required

Name [Aaron Hansen |_| Tim Merlino

[Interim Superintendent ____|_| Superintendent

360.954.3005 | | 360.750.7500

earon hansen eshougalsiorg [Leon perbinaiesa1 20g

PROGRAM CONTACTS

Name [LesBrown —————_—_ Xander Hayes

ene Director of Communications & TV ETC Coordinator
Technology

Phone: | 360.954.3037 | | 360.952.3648
Email: | les@washougalsd.org |_| xander.hayes@esdl12.org |
FISCAL / BUDGET CONTACTS |

[Name |KrisGrindy | | Yolanda Rivera
Position | Business Services Officer |_| Administrative Assistant
|Phone: | 360.954.3003 | | 360.952.3588
|Email: | kris.grindy@washougalsd.org __|_[ yolanda.rivera@esd112.0rg |
ACCOUNTING / BILLING CONTACTS |
[Neme[KimGoodrich «| Christy Staleup
| Position: | Accounts Payable Officer |_| ARSpecialist I
|Phone: | 360.954.3006 | | 360.952.3490
| Email: | kim.goodrich@washougalsd.org |_| christy.stalcup@esd112.0rg_ |

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Washougal School District No. 112-06
Agreement No. 25058-027
Associate Membership for TV ETC Consortium
EXHIBIT B
GENERAL TERMS & CONDITIONS

1. Authority & Organization.

1.1. This Agreement is entered into in accordance with the authority granted in
the Interlocal Cooperation Act, RCW 39.34 (specifically 39.34.030 and
39.34.080) and provisions that authorize educational service districts and
school districts to contract with each other for services, specifically
28A.310.010, 28A.310.180, 28A.310.200, 28A.320.080 and 28A.320.035.

1.2. A separate legal entity is not being created. ESD112 shall administer the joint
undertaking described in the terms of this Agreement.

2. General Responsibilities of the Parties. ESD112 and the District shall:

2.1. Conduct background checks on any officials, employees, volunteers or agents
who may perform obligations under this Agreement and who may have contact
with children in a public school or ESD112 facility. No party/person who has
plead guilty to, or been convicted of, a felony crime specified in RCW
28A.400.322 shall be allowed to do work under this Agreement if they may have
contact with children in a public school or ESD 112 facility. Failure to comply
with this provision is grounds for immediate termination of the Agreement.

pp Comply with federal, state, and local laws in performing obligations under this
Agreement, and any policies or regulations adopted by the Parties’ respective
boards of directors.

2.3. Obtain and maintain general liability coverage, including contractual liability
coverage, and automobile coverage in an amount not less than $1,000,000 per
occurrence. The Parties shall, upon request, provide each other suitable evidence
of the coverage required.

2.4 Obtain any licenses or permits required to perform their respective obligations
under this Agreement.

2.5 Maintain books, records, documents, data and other materials compiled and
related to the performance of obligations under this Agreement for the time period
required under law or any applicable grant agreement. Both Parties agree to
provide access to and copies of any such books, records, documents, data or other
materials to the other party upon request.

2.6 Take all necessary steps to protect the confidentiality of educational records and
shall not disclose such records or the information obtained from having access to
such records without obtaining the consent of the other party and the parent of the
student whom the record pertains to.

3. Amendment. Changes to services ESD112 is obligated to provide or fees the District is
obligated to pay shall be addressed in signed amendments to this Agreement, provided
forty-five (45) days before the amendment is to take effect, unless otherwise mutually
agreed.

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Washougal School District No. 112-06
Agreement No. 25058-027
Associate Membership for TV ETC Consortium

4. Termination and Damages for Termination with Inadequate Notice.

4.1

4.2

4.3

4.4

4.5

Mutual Termination. This Agreement may be terminated by mutual
agreement by the Parties.

Damages Paid by the District for Services Provided by Certificated
Employees. Ifthe District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services provided by ESD112 employees who have a
certificated contract with ESD112, there may be material adverse financial
consequences to ESD112. The adverse financial consequences, or damages,
may likely exceed the fee the District would have paid for the Renewal Term.
If the District terminates the Agreement without giving notice prior to May 1*
and ESD112 has employed certificated staff to provide services under the
Agreement, the District agrees to pay ESD112 the amount owed for the
Renewal Term as damages. The damages the District is agreeing to pay shall
represent a reasonable reflection and estimate of the damages ESD112 shall
incur.

Damages Paid by the District for Services Provided by Non-Certificated
Employees. If the District fails to notify ESD112 that it is terminating this
Agreement prior to the Renewal Term of May 1* (see Exhibit A, Section 2.2)
and this Agreement is for services that are provided by ESD112 employees
who do not have a certificated contract with ESD112, the damages ESD112
shall incur may be less than the fee the District would have paid to receive the
services for the Renewal Term. In that case, the District shall pay ESD112 for
damages ESD112 incurs as a direct or indirect result of not being notified by
May 1* that the District is terminating the Agreement.

Damages Paid by ESD112. If ESD112 fails to notify the District that it is
terminating this Agreement prior to the Renewal Term of May 1* (see Exhibit
A, Section 2.2), ESD112 shall pay the District the costs the District incurs to
obtain the services ESD 112 was obligated to provide from a third party, but
only to the extent the costs exceed what the District would have paid ESD112,
and the fees the District pays the third party must be based on reasonable
market rates.

Payment. The damages that are owed under this section shall be paid in full
within thirty (30) days of receipt of an invoice. This requirement shall survive
termination of the Agreement.

5. General Provisions.

5.1

Assignment. Neither this Agreement nor any interest therein may be
assigned by either party without the prior written consent of the other party.

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Washougal School District No. 112-06
Agreement No. 25058-027
Associate Membership for TV ETC Consortium

5.2

5.3

5.4

5.5

5.6

wd

5.8

5.9

5.10

Attorneys’ Fees and Costs. In the event litigation arises out of this
Agreement, each party shall bear its own attorney’s fees and costs.
Authority. The terms and conditions of this Agreement to which the Parties
agree are being entered into by appropriate resolutions or delegation of
authority by the respective boards of directors of ESD112 and the District.
Captions. Paragraph headings have been included for the convenience of the
Parties and shall not be considered a part of this Agreement for any purpose
relating to construction or interpretation of the terms of this Agreement.
Compliance Orders. ESD112 shall:

5.5.1 Deliver all services under this Agreement in compliance with the most
current guidelines issued by the Centers for Disease Control and
Prevention (CDC), Washington Department of Health, and the Office of
Superintendent of Public Instruction (OSPI) guidelines, and comply with
the state proclamations and orders as pertains to any infectious disease
outbreaks or pandemics.

5.5.2 Adjust delivery of services as requested and/or required to meet needs to
comply with Section 5.5.1 above without modification to terms of the
Agreement.

Conflict of Interest. No person engaged in any activity associated with this
Agreement has a personal financial interest, direct or indirect, in this
Agreement. ESD112 and the District warrant that neither party presently has
interests, and will not acquire interests, directly or indirectly, which would
create a conflict of interest in performing the obligations under this
Agreement. Any direct or indirect conflict of interest must be disclosed.
Force Majeure. ESD112 and the District shall not be liable for any failure to
perform its obligations in this Agreement, and shall not be liable for the damages
in Section 4 above, if the failure to perform or action that gave rise to damages is
a result of any act of God, riot, war, civil unrest, flood, earthquake, or other cause
beyond such party’s reasonable control, such as changes to federal, state or local
laws, but excluding failure caused by a party’s financial condition or negligence.
Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington and any action or litigation undertaken to enforce the
terms of this Agreement shall be conducted in Clark County, Washington.
Indemnification. Both Parties agree to protect, defend, indemnify and hold
the other party, and its directors, officers, agents and employees harmless from
any and all claims and losses that are caused by the indemnifying party, or the
indemnifying party’s directors’, officers’, agents’ or employees’ negligent or
malicious acts or omissions.

Intellectual Property. Any materials ESD112 produces shall be owned by
ESD112. ESD112 shall be considered the author of such materials. To the
extent materials being produced in connection with this Agreement are found

to be “works for hire”, the District hereby irrevocably assigns all right, title

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Washougal School District No. 112-06
Agreement No. 25058-027
Associate Membership for TV ETC Consortium

5.11

5.12

5.13

5.14

5.15

and interest in such materials, including intellectual property rights, to
ESD112 effective from the moment of creation. The District shall not use any
materials produced for, or by, ESD112 in connection with this Agreement
without obtaining ESD112’s prior written consent.

Non- Discrimination. Per requirements of state, local and federal laws,
ESD112 and the District are prohibited from discriminating on the basis of
race, color, religion (creed), national origin (ancestry), citizenship or
immigration status (except as permitted by applicable laws), age, sex, gender
expression or identity, sexual orientation, genetic information, honorably
discharged veteran or military status, national guard or uniformed service
status, marital status, family/parental status, income derived from a public
assistance program or income assignment for child support, domestic violence
victim status (if known), arrest and court record (except as permitted by
applicable laws), political beliefs, non-job-related physical, sensory, or mental
disabilities, use of a trained guide dog or service animal, credit history or credit
report (unless directly related to a bona fide occupational qualification), or
reprisal or retaliation for prior civil rights activity. Inquiries regarding
compliance and/or grievance procedures for ESD112 may be directed to
ESD112 at its address above.

Notice. Whenever notice is required under this Agreement, it shall be
provided by emailing, with receipt confirmation, or mailing notice to the
contacts designated in Exhibit A, Section 5. Notice shall be deemed effective
upon the earlier of actual receipt or three (3) days after notice is deposited in
the United States Postal Service mail, by certified mail, postage prepaid.
Severability. If any term of condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions, or applications of this Agreement which can be
given effect without the invalid term, condition, or application and, to this
end, the terms and conditions of this Agreement are declared severable.
Waiver. No provision of this Agreement, or the right to receive reasonable
performance of any act called for by its terms, including but not limited to the
right of a performing party to notify a non-performing party there has been a
unilateral early termination, shall be deemed waived by a party’s failure to
enforce the provision or rights to performance in a particular transaction or
occurrence. Any and all waivers shall be in writing and signed by the party
waiving the provision or its rights to performance. Any waiver that is not in
writing shall not be binding or effective.

Whole Agreement. The Parties agree that this Agreement, together with all
appendices, if any, constitute the entire agreement between the Parties and

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Washougal School District No. 112-06
Agreement No. 25058-027
Associate Membership for TV ETC Consortium

supersedes all prior or existing written or oral agreements between the Parties
and may not be amended other than in writing signed by the Parties.

Exclusion, Debarment and Suspension Certification. Per the requirements of
Executive Order 12549, ESD112 and the District certify that neither they, nor their
officers, directors, general managers or persons having primary management or
supervisory responsibilities, are on the Excluded Parties List Report (web address:
http:/Awww.sam.gov/SAM) and that they are not presently debarred, suspended, proposed

for debarment, or declared ineligible or voluntarily excluded for the award of contracts by
any Federal governmental agency or department. ESD 112 and the District shall provide
immediate written notice to each other if, at any time during the term of this Agreement,
including any renewals hereof, the Parties learn that this certification has become
erroneous by reason of changed circumstances.

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Page 8


Washougal School District Small Works Roster Contractors
WSD Elevator Maintenance Service Agreement (1 Year)

REQUEST FOR PROPOSAL

Multiple sites and address, listed on page 1.

Bid Due Date: Thursday, August 22nd, 2024 at 2:00pm
Monday, September 1st, 2024
Completion Date: Sunday, August 31st, 2025

Description/Scope and Nature of Work:

Project Description / Scope of Services: Contractor will provide 1 year of routine maintenance and
inspections for Washougal School District elevators and lifts beginning September 1st, 2024 and ending on
August 31st, 2025. This agreement is for one year only and will not automatically renew.

Services|will be quarterly (September - November, December - February, March - May, and June - August).
Quarterly services will be at least four (4) weeks apart.

If a quarterly service is missed, for any reason, Washougal School District will reserve the right to terminate the
agreement immediately.

Billing: |nvoices will not be processed until after documentation has been submitted providing proof of the
service.| At no point will invoices be paid without a service completed during the appropriate quarter as listed
above. {This year-long contract will require 5% retention to be withheld on each quarterly invoice until the
Affidavit for all of the work can be filed at the conclusion of the final inspection. After the Affidavit has been
approved by the Department of Labor & Industries, Washougal School District will be able to process the final
retention invoice. ‘

Lontractor Vua ation:
Alterations must be performed by an elevator contractor employing an elevator mechanic

Contractor must be in the business of providing elevator maintenance and repair services, and must have
verifiable proof of having provided this service, at similar scope, for at least three years. If required, the
contractor shall provide a list of five customer reference contacts with whom the contractor has satisfactorily
performed a similar scope of work within the last three years.

Conveyance List:

@ |Conveyance #15071, Canyon Creek Middle School, 9731 Washougal River Road, Washougal, WA 98671
® |Conveyance #121714, Jemtegaard Middle School, 35300 SE Evergreen Hwy, Washougal, WA 98671
@ (Conveyance #14842, Washougal High School, 1201 39th Street, Washougal, WA 98671
@ |Conveyance #15364, Washougal High School, 1201 39th Street, Washougal, WA 98671
08/12/2024 4855 Evergreen Way Washougal, WA 98671 Page |

P: 360.954-3000 / F: 360.954-3099


Washougal School District Small Works Roster Contractors
WSD Elevator Maintenance Service Agreement (1 Year)

‘ontractor will perform cleaning, lubrication and minor adjustments at quarterly services. Changing light
ulbs in the pit and elevator shaft will be included in this service; the district will provide bulbs as
eeded.

eep guide rails properly lubricated except where roller guides are used.

ontractor will perform quarterly, code mandated testing and inspections per requirements of
ashington State Department of Labor and Industries, including development and implementation of
quired Maintenance and Control Program for four elevators listed above.

wice a year clean elevator machine room, pit, hatch and hatch equipment, including rails, inductors,
atch door hangers, and tracks, relating devices, switches, pit stop, buffers, and car tops.

erform annual safety tests as required by ASME and Labor & Industries, as of the date of this
greement.

erform all necessary maintenance, testing, and paperwork to maintain compliance with the ANSI
17.1-2016 Code, as implemented by the Department of Labor and Industries. This includes complying
ith a Maintenance Control Program (MCP). This includes, but is not limited to:

© Contractor will provide an allowance to support annual fire alarm testing and inspection
associated with all district elevators. Contractor to schedule this support work during summer
break period.

Annual hydraulic overpressure testing

Emergency lighting testing per A17.1 code standards
Testing of emergency two way communications devices
Any other typical maintenance needed to keep the elevator in proper working order.

oo 60 lhU68

al Services:

r will provide services for occupant entrapment, malfunction response, and general repair services at
material billing rates. Provide pricing and service charge descriptions requested on bid form sheets.

istrict will issue keys and swipe cards to the contractor for the duration of the contract providing
nrestricted access to work areas.

he Contractor will provide all labor, materials, equipment, supplies, and supervision necessary to
eliver quarterly services. Hydraulic fluid is specifically excluded.

ontractor will provide cost estimates for non-emergency repair work and proposed response to
orrection notices from Labor and industries that cannot be included in quarterly service visits.

he Contractor will provide all labor, materials, equipment, supplies, and supervision necessary to
erform repair work as requested. This work will be performed and billed on a time and material basis.

ontractor will provide written or electronic notification to the District for all corrections in response to
itations by the Labor and Industries Inspector so the District can respond to the correction notices.

4855 Evergreen Way Washougal, WA 93671
P: 360.954-3000 / F: 360.954-3099


Washougal School District Small Works Roster Contractors
WSD Elevator Maintenance Service Agreement (1 Year)

6. Contractor will provide detailed billing showing labor, material, and ancillary charges along with
escription of corrective action taken for services other than quarterly inspection and maintenance
ctivity.

7. Contractor will provide a timely response to service requests. Entrapment will require immediate
ispatch. Malfunction affecting essential needs will require priority response. Each situation is unique
nd the contractor is expected to respond to reasonable district timeline requests.

8. All documentation placed in elevator machine rooms including Maintenance and Control Program
ecome property of the District.

9. Contractors will display identification badge or contractor clothing uniform identification and check in at

he school main office when on school property. District will issue WSD ID badges as necessary.

10. Contractor will provide a clean and safe working environment and will restore the facility to original
ondition if any damages result from contractor work.

ator & Escalator Service
levator Service, LLC.
George Home Elevators, LLC.
Kone, Ink.
MCI Elevator & Lifts
TK Elevator Corporation

4855 Evergreen Way Washougal, WA 98671
P: 360.954-3000 / F: 360.954-3099


Washougal School District Small Works Roster Contractors
WSD Elevator Maintenance Service Agreement (1 Year)
GENERAL CONDITIONS FORM
Bidder To Owner: The undersigned declares the following:

@ To have carefully examined the Request for Proposal, General Conditions Form, Bid Form, along with

reviewing the project drawings and specifications, and to have made such site examinations necessary to -

-determine the nature of the site and conditions to be encountered;
e. 19 furnish material, equipment, labor, and perform all work; and
To comply with the responsible bidding criteria in RCW 39.04.350

-@ That neither the Contractor nor any of its Subcontractors of any tier shall utilize any employee at the site or
permit any contact between children at a public school and any employee who is a registered sex offender or
ho has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under
Chapter 9A.42 RCW, the physical injury or death of a child under Chapter 94.32 RCW or Chapter 94.36 RCW
(except motor vehicle violations under Chapter 46.61 RCW), sexual exploitation of a child under Chapter

9A.68A RCW, sexual offenses under Chapter 9A.44 RCW where a minor is a victim, promoting prostitution of -

aiminor under Chapter 9A.88 RCW, the sale or purchase of a minor child under Chapter 9A.64:030 RCW, or
viplation of similar laws of another jurisdiction.

.© Inj signing this Agreement, Contractor certifies that they, nor their officers, directors or persons having
supervisory responsibilities, are on Excluded Parties List Report (web address: http://www.sam.gov) and that
they are not presently debarred, suspended, proposed for debarment, or declared ineligible or voluntarily
excluded for the award of contracts by any Federal governmental agency or department. This certification is
required by the regulations implementing Executive Order 12549, Debarment and Suspension, Participant's
responsibilities.

_ This ig a prevailing wage project. This project requires Intent to Pay Prevailing Wages and Affidavit of Wages Paid
submittal and approval. Contractor must have a certificate of liability insurance on file with the District prior to
work commencing. Contracts in excess of $35,000 require release of retainage from Washington Department of
Revenue, Employment Security, and Labor and Industry. Contractor must have a valid Washington State
Contractors License. Bonding requirements per RCW 39.080.101 shall apply. The agreement titled “Agreement
Between Owner and Contractor For Small Works Project” will be used as the form of Agreement for this project.

The indersigned declares to have read, understood, and acknowledges this General Conditions Form.

Bidder Signature:

Signature Date

[Return this signed General Conditions Form with your signed Bid Form.]

08/12/2024 4855 Evergreen Way Washougal, WA 98671 ; Page 4
P: 360.954-3000 / F: 360.954-3099


Washougal School District Small Works Roster Contractors Tle oo
WSD Elevator Maintenance Service Agreement (1 Year)

BID FORM — Pg. 1 of 2

Bid Due Date: Thursday, August 22nd, 2024 at 2:00 p.m. .
Do NOT include sales tax in numbers / rates below

District Wide Quarterly Service Pricing (not by month)
ONE +thevsavy one Hada a) SevedyPve Dollars ($ ll 75 ):
Additional Services Pricing:

Hourly labor rate

THEGE HupMReD ____ dollars (§ SOP
Overtime hourly labor rate .

@ Hunarés zal aia Dollas(§ 4S)
Materials markup percentage
Twert A five, Percent(_* SD MH)

Travel Rate (if not charged, please write “zero”) .
THREES HovaARre ld Dollars ($ 300 i)

in case of discrepancy between the BID TOTAL in numbers and words, the amount written in figures shall govern
ang. the words shall be used to determine any ambiguities in the figures. In case of anv mathematical erro
appearing on the face of the calculations above, the actual BID TOTAL shall replace any incorrect tota

I have read all the terms and conditions of the Invitation Requesting Bid, General Conditions Form, Bid
Form, along with reviewing the project drawings and specifications and sign this document in accordance |
and compliance with these documents.

RY
Receipt of Addenda __| through 6 is hereby acknowledged.
_ Bidder Signature:
Signature Title
GE0LGE ElLfuRML. Séesice LLC — gla(24
Company Date
13208 JG > ae sé Vanwu VER —_Wibr A634
Street Address - Cit State Zip
360. | 6467 -SS30 :
60 _|S8‘t-0704 “EE CE EDO OS Elevactoe- Con
Phone Email
08/12/2024 4855 Evergreen Way Washouga!, WA 98671 Page 5

P: 360.954-3000 / F: 360.954-3099


Washougal School District Small Works Roster Contractors
WSD Elevator Maintenance Service Agreement (1 Year)

BID FORM — Pg. 2 of 2
Owner reserves the right to accept or reject any or all bids, and to waive any and all informalities and

irregularities in any bid or the bidding process. Furthermore, Owner reserves the right to award in the best
interest af the Owner.

For more| information or to schedule a site visit, contact Jessica Beehner at the contact number listed below. Do
not visit the site without making an appointment.

This bid can be submitted electronically as noted below:

Contact: Jessica Beehner E-Mail: jessica.beehner@washougalsd.org
Phone: 340.954.3010

08/12/2024 4855 Evergreen Way Washougal, WA 98671
P: 360.954-3000 / F: 360.954-3099


Bid Proposal - Summary Sheet

gnsOUGALSCHOOL Disp,

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Washougal School District 360-954-3010

Materials
Markup
ee Poe

,

#Washougal

Hourly Labor | Overtime
Rate Labor Rate

pT ewemmvenmrnee | nnn [= |e fm
pL eearemun [oom ptm el oem fp
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Quarterly Serice Bid

Not bidding
6 TK Elevator Corporation No bid received —

8/22/2024 24-0822 Annual Elevator Contract Bid Tally.xlsx


WASHOUGAL SCHOOL DISTRICT

4855 EVERGREEN WAY
PH: 360.954.3000

WASHOUGAL, WA 98671
FAX: 360.835.7776

Personal Services Agreement
between
Washougal School District
and

MindSights, PC

This Personal Services Agreement (Agreement) is made and entered into by and between
the Washougal School District, a quasi-municipal corporation in the state of Washington,
(District), and MindSights, PC (Contractor).

Purpose / Scope of Work
Student evaluation services that encompass the areas of social, emotional, communication
and sensory needs and behavior.

Period of Performance
Contract is in effect from September 2024 to August 2025.

Compensation
Compensation is based on contractor’s service fee schedule.

GENERAL TERMS AND CONDITIONS
Definitions

As used throughout this Agreement, the following terms shall have the meaning set forth
below:

A. “District” shall mean Washougal School District 06-112 Board of Directors or
Superintendent, or the Superintendent’s delegate authorized in writing to act on behalf of
the District.

B. “Contractor” shall mean that firm, provider, organization, individual or other entity
performing services(s) under this Agreement, and shall include all employees of the
Contractor.

C. “Subcontractor” shall mean one not in the employment of the Contractor, who is
performing all or part of those services under the Agreement under a separate
Agreement with the Contractor. The terms “Subcontractor” and “Subcontractors” means
Subcontractor(s) in any tier.

CONTRACT

INDEPENDENT CAPACITY OF THE CONTRACTOR


The parties intend that an independent contractor relationship will be created by this
Agreement. The Contractor and his or her employees or agents performing under this
Agreement are not employees or agents of the District. The Contractor will not hold
himself/herself out as or claim to be an officer or employee of the District by reason of this
Agreement, nor will the Contractor make any claim of right, privilege or benefit that would
accrue to such employee under law. Conduct and control of the work will be solely with the
Contractor.

LIMITATION OF AUTHORITY

Only the District or District's delegate by writing (delegation to be made prior to action) shall
have the express, implied or apparent authority to alter, amend, modify or waive any clause
or condition of this Agreement. Furthermore any alteration, amendment, modification or
waiver or any clause or condition of this Agreement is not effective or binding unless made
in writing and signed by the District.

SEVERABILITY

The provisions of this Agreement are intended to be severable. If any term or provision is
illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of the Agreement.

SUBCONTRACTING

Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the
work contemplated under this Agreement without obtaining prior written approval of the
District. In no event shall the existence of the subcontract operate to release or reduce the
liability to the District for any breach in the performance of the Contractor's duties. This
clause does not include contracts of employment between the Contractor and personnel
assigned to work under the Agreement.

Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances
and certifications set forth in this agreement are carried forward to any subcontracts.
Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express
written consent of the District or as provided by law.

CHANGE TO CONTRACT

AMENDMENTS

This agreement may be amended by mutual agreement of the parties. Such amendments
shall not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.

ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or
assigned by the Contractor without prior written consent of the District.

NONAPPROPRIATION

In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in
any way after the effective date of this Agreement and prior to normal completion, the
District may terminate the Agreement under the “Termination for Convenience’ clause,
without the ten-day notice requirement, subject to renegotiation at the District's discretion
under those new funding limitations and conditions.


COMPLIANCE ISSUES

LICENSING, ACCREDITATION AND REGISTRATION

The Contractor shall comply with all applicable local, state and federal licensing,
accreditation and registration requirements/standards, necessary for the performance of this
Agreement.

REGISTRATION WITH DEPARTMENT OF REVENUE

The Contractor shall complete registration with the Washington State Department of
Revenue and be responsible for payment of all taxes due on payments made under this
Agreement.

EQUAL EMPLOYMENT OPPORTUNITY and NONDISCRIMINATION LAWS

The parties agree to comply with all EEO laws that prohibit discrimination on the basis of
race, creed, color, religion, national origin, age, families with children, sex, marital status,
sexual orientation, honorably discharged veteran or military status, physical, sensory or
mental disabilities or use of a trained guide dog or service animal.

These laws include, but may not be limited to the following Acts: Age Discrimination
(ADEA), Americans with Disabilities (ADA), Fair Labor Standards and Equal Pay (EPA) and
the Civil Rights Acts.

CONFIDENTIALITY/SAFEGUARDING OF INFORMATION

The Contractor shall not use or disclose any information concerning the District, or
information that may be classified as confidential, for any purpose not directly connected
with the administration of this Agreement, except with prior written consent of the District, or
as may be required by law.

PRIVACY

Personal information including, but not limited to, “Personally Identifiable Information”
regarding a student under FERPA and “Protected Health Information,” collected, used or
acquired in connection with this Agreement shall be protected against unauthorized use,
disclosure, modification or loss. Contractor shall ensure its directors, officers, employees,
subcontractors or agents use personal information solely for the purposes of accomplishing
the services set forth herein. Contractor and its Subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal
information without the express written consent of the District or as otherwise required by
law.

Any breach of this provision may result in termination of the Agreement and the demand for
return of all personal information. The Contractor agrees to indemnify and hold harmless
the District for any damages related to the Contractor's unauthorized use of personal
information.

PUBLICITY

The Contractor agrees to submit to the District all advertising and publicity matters relating
to this agreement wherein the District's name is mentioned or language used from which the
connection of the District's name may, in the District's judgment, be inferred or implied. The
Contractor agrees not to publish or use such advertising and publicity matters without the
prior written consent of the District.


RECORDS MAINTENANCE

The Contractor shall maintain books, records, documents, data and other evidence relating
to this Agreement and performance of the services described herein, including but not
limited to accounting procedures and practices that sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this Agreement.

Contractor shall retain such records for a period of six years following the date of final
payment. At no additional cost, these records, including materials generated under the
Agreement, shall be subject at all reasonable times to inspection, review or audit by the
District, personnel duly authorized by the District, the Office of the State Auditor, and federal
and state officials so authorized by law, regulation or agreement.

If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims or audit findings involving the records
have been resolved.

TOBACCO FREE PROPERTY

In accordance with RCW 28.210.310 and board policies adopted in accordance therewith,
Contractor, employees, Subcontractors and agents shall not use tobacco products on the
District’s property.

BACKGROUND CHECKS

Contractor shall conduct criminal background checks on all its employees, Subcontractors
and agents that may have access to children in the course of fulfilling the obligations under
this Agreement. Contractor hereby covenants that no person who has plead guilty to or
been convicted of a felony crime defined in Section 1, Chapter 396 of the Laws of 2009
(Engrossed Substitute House Bill 1741 amending RCS 28A.4003330), who is employed or
contracted by, or who is an agent for Contractor will have access to children in the course of
fulfilling the obligations under this Agreement. Should the District determine, at any time
during the Agreement, including any renewals hereof, that Contractor has violated this
provision, the District may immediately terminate the Agreement.

INSURANCE

The Contractor shall provide insurance coverage as set out in this section. The intent of the
required insurance is to protect the District should there be any claims, suits, actions, costs,
damages or expenses arising from any negligent or intentional act or omission of the
Contractor or subcontractor, or employees or agents of either, while performing under the
terms of this Agreement.

The Contractor shall provide insurance coverage, which shall be maintained in full force and
effect during the term of this Agreement, as follows:

1. Commercial General Liability Insurance Policy. Provide a Commercial General
Liability Insurance Policy, including contractual liability, in adequate quantity to

protect against legal liability arising out of contract activity but no less than
$1,000,000 per occurrence.

2. Additionally, the Contractor is responsible for ensuring that any subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts.


3. Automobile Liability. In the event that services delivered pursuant to this contract
involve the use of vehicles, either owned or unowned by the Contractor, automobile
liability insurance shall be required. The minimum limit for automobile liability is:

a. $1,000,000 per occurrence, using a Combined Single Limit for bodily injury
and property damage.

4. Errors and Omissions. Provide an Errors and Omissions Liability Insurance Policy,
including contractual liability, in adequate quantity to protect against legal liability
arising out of contract activity but no less than $1,000,000 per occurrence.

5. The insurance required shall be issued by an insurance company/ies authorized to
do business within the state of Washington, and shall name the District, its agents
and employees as additional insured’s under the insurance policy/ies.

All policies shall be primary to any other valid and collectible insurance. Contractor shall
instruct the insurers to give District thirty (30) calendar days advance notice of any insurance
cancellation.

Contractor shall submit to District within fifteen (15) calendar days of the Agreement
effective date, a certificate of insurance that outlines the coverage and limits defined in the
Insurance section. Contractor shall submit renewal certificates as appropriate during the
term of the agreement.

TAXES

All payments accrued because of payroll taxes, unemployment contributions, any other
taxes, insurance or other expenses for the Contractor or its staff shall be the sole
responsibility of the Contractor.

INDUSTRIAL INSURANCE COVERAGE

The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or
penalties on behalf of its employees, as may be required by law. District may collect from
the Contractor the full amount payable to the Industrial Insurance accident fund. The District
may deduct the amount owed by the Contractor to the accident fund from the amount
payable to the Contractor by the District under this Agreement, and transmit the deducted
amount to the Department of Labor and Industries, (L&I) Division of Insurance Services.
This provision does not waive any L&l’s rights to collect from the Contractor.

RIGHTS

ACCESS TO DATA

The Contractor shall provide access to data generated under this Agreement to District at no
additional costs. This includes access to all information that supports the findings,
conclusions and recommendations of the Contractor’s reports, including computer models
and methodology for those models.

COPYRIGHT PROVISIONS

Unless otherwise provided, all materials produced under this Agreement shall be considered
“works for hire” as defined by the U.S. Copyright Act and shall be owned by the District. The
District shall be considered the author of such materials. In the event the materials are not
considered “works for hire” under the U.S. Copyright laws, District hereby irrevocably assign

5


all rights, title and interest in materials, including all intellectual property rights, to the District
effective from the moment of creation of such materials.

Materials means all items in any format and includes, but is not limited to, data, reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer
programs, films, tapes and/or sound reproductions. Ownership includes the right to
copyright, patent, register and the ability to transfer these rights.

For materials that are delivered under the Agreement, but that incorporate pre-existing
materials not produced under the Agreement, Contractor hereby grants to the District a
nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such
materials to translate, reproduce, distribute, prepare derivative works, publicly perform and
publicly display. The Contractor warrants and represents that Contractor has all rights and
permissions, including intellectual property rights, moral rights and rights of publicity,
necessary to grant such a license to the District.

The Contractor shall exert all reasonable effort to advise the District, at the time of delivery
of materials furnished under this Agreement, of all Known or potential invasions of privacy
contained therein and of any portion of such document that was not produced in the
performance of this Agreement.

The District shall receive prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any data delivered under this Agreement. The
District shall have the right to modify or remove any restrictive markings placed upon the
data by the Contractor.

TREATMENT OF ASSETS

A. Title to all property furnished by the District shall remain in the District. Title to all
property furnished by the Contractor, for the cost of which the Contractor is entitled to be
reimbursed as a direct item of cost under this Agreement, shall pass to and vest in the
District upon delivery of such property by the Contractor. Title to other property, the cost
of which is reimbursable to the Contractor under this Agreement, shall pass to and vest
in the District upon (i) issuance for use of such property in the performance of this
Agreement, or (ii) commencement of use of such property in performance of this
Agreement, or (iii) reimbursement of the cost thereof by the District in whole or part,
whichever first occurs.

B. Any property of the District furnished to the Contractor shall, unless otherwise provided
herein or approved by the District, be used only for the performance of this Agreement.

C. The Contractor shall be responsible for any loss or damage to property of the District
that results from the negligence of the Contractor or which results from the failure on the
part of the Contractor to maintain and administer that property on accordance with sound
management practices.

D. If any District property is lost, destroyed or damaged, the Contractor shall immediately
notify the District and shall take all reasonable steps to protect the property from further
damage.

E. The Contractor shall surrender to the District all property of the District prior to
settlement upon completion, termination or cancellation of this Agreement.

F. All reference to the Contractor under this clause shall also include Contractor’s
employees, agents or subcontractors.

RIGHT OF INSPECTION


The Contractor shall provide right of access to its facilities to the District, or any of its
officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Agreement.

LEGAL ISSUES

GOVERNING LAW

This Agreement shall be construed and interpreted in accordance with the laws of the State
of Washington, and the venue of any action brought hereunder shall be in the Superior
Court for Clark County, Washington.

INDEMNIFICATION

To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless
District, and all officials, agents and employees of District, from and against all claims for
injuries or death arising out of or resulting from the performance of the Agreement. “Claim,”
as used in this agreement, means any financial loss, claim, suit, action, damage or expense,
including but not limited to attorney's fees, attributable for bodily injury, sickness, disease or
death, or injury to or destruction of tangible property including loss of use resulting
therefrom.

Contractor’s obligation to indemnify, defend and hold harmless includes any claim by
Contractor's agents, employees, representatives or any subcontractor or its employees.

Contractor expressly agrees to indemnify, defend and hold harmless the District for any
claim arising out of the incident to Contractor's or any subcontractor’s performance or failure
to perform the Agreement. Contractor’s obligation to indemnify, defend and hold harmless
the District shall not be eliminated or reduced by any actual or alleged concurrent
negligence of District or its agents, employees and officials.

Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the District and its officials, agents or employees.

ATTORNEYS’ FEES
In the event of litigation or other action brought to enforce terms in the Agreement, each
party agrees to bear its own attorney fees and costs.

DISPUTES

Except as otherwise provided in this Agreement, when a dispute arises between the parties
and it cannot be resolved by direct negotiation, either party may request a dispute hearing
with an independent third party. The parties shall agree upon the independent third party
and shall pay an equal share of the cost for such party’s services.

1. The request for a dispute hearing must:

Be in writing;

State the disputed issue(s);

State the relative positions of the parties;

State the Contractor’s name, address, and contact number; and

Be mailed to the non-requesting party/respondent within 3 working calendar
days after the parties agree that they cannot resolve the dispute.

ooo


2. The respondent shall send a written answer to the requester’s statement within 5
working calendar days.

3. The independent third party shall review the written statements and reply in writing to
both parties within ten (10) working days. The independent third party may extend
this period if necessary by notifying the parties.

4. The parties agree that this dispute process shall precede any action in a judicial or
quasi-judicial tribunal.

Nothing in this Agreement shall be construed to limit the parties’ choice of a mutually
acceptable alternative dispute resolution method in addition to the dispute resolution
procedure outlined above.

WAIVER

Waiver of any default or breach shall not be deemed a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this
Agreement unless stated to be such in writing and signed by authorized representative of
the district.

TERMINATION FOR CAUSE

In the event the District determines the Contractor has failed to comply with the conditions of
this Agreement in a timely manner, the District has the right to suspend or terminate this
Agreement. Before suspending or terminating the Agreement, the District shall notify the
Contractor in writing of the need to take corrective action. If corrective action is not taken
within 30 calendar days, the Agreement may be terminated or suspended.

In the event of termination or suspension, the Contractor shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original
Agreement and the replacement or cover Agreement and all administrative costs directly
related to the replacement Agreement, e.g., cost of the competitive bidding, mailing,
advertising and staff time.

The District reserves the right to suspend all or part of the Agreement, withhold further
payments, or prohibit the Contractor from incurring additional obligations of funds during
investigation of the alleged compliance breach and pending corrective action by the
Contractor or a decision by the District to terminate the Agreement. A termination shall be
deemed a “Termination for Convenience’ if it is determined that the Contractor (1) was not in
default; or (2) failure to perform was outside of his or her control, fault or negligence.

The rights and remedies of the District provided in this Agreement are not exclusive and are,
in addition to any other rights and remedies, provided by law.

TERMINATION FOR CONVENIENCE

Except as otherwise provided in this Agreement, the District may, by 10 calendar days
written notice, beginning on the second day after the mailing, terminate this Agreement, in
whole or in part. If this Agreement is so terminated, the District shall be liable only for
payment required under the terms of this Agreement for services rendered or goods
delivered prior to the effective date of termination.

NON-COMPLIANCE WITH NONDISCRIMINATION LAWS

In the event of the Contractor’s non-compliance or refusal to comply with any
nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part, and the Contractor may be declared ineligible for further


contracts with the District. The Contractor shall, however, be given a reasonable time in
which to cure this non-compliance. Any dispute may be resolved in accordance with the
“Disputes” procedure set forth herein.

TERMINATION PROCEDURES

Upon termination of this Agreement, the District, in addition to any other rights provided in
this Agreement, may require the Contractor to deliver to the District any property specifically
produced or acquired for the performance of such part of this Agreement as has been
terminated. The provisions of the “Treatment of Assets” clause shall apply in such property
transfer.

The District shall pay to the Contractor the agreed upon price, if separately stated, for
completed work and services accepted by the District, and the amount agreed upon by the
Contractor and the District for (i) complete work and services for which no separate price is
stated, (ii) partially completed work and services, (iii) other property or services that are
accepted by the District, and (iv) the protection and preservation of property, unless the
termination is for default, in which case the District shall determine the extent of the liability
of the District. Failure to agree with such determination shall be a dispute within the
meaning of the “Disputes” clause of this Agreement. The District may withhold from any
amounts due the Contractor such sum as the District determines to be necessary to protect
the District against potential loss or liability.

The rights and remedies of the District provided in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law or under this Agreement.

After receipt of a notice of termination, and except as otherwise directed by the District, the
Contractor shall:

1. Stop work under the Agreement on the date, and to the extent specified in the notice;

2. Place no further orders or subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Agreement that
is not terminated;

3. Assign to the District, in the manner, at the times, and to the extent directed by the
District, all of the rights, title, and interest of the Contractor under the orders and
subcontracts so terminated, in which case the District has the right, at its discretion, to
settle or pay any or all claims rising out of the termination of such orders and
subcontracts;

4. Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the District to the extent District may
require, which approval or ratification shall be final for all the purposes of this clause;

5. Transfer title to the District and deliver in the manner, at the times, and to the extent
directed by the District any property which, if the Agreement had been completed, would
have been required to be furnished to the District;

6. Complete performance of such work as shall not have been terminated by the District;
and

7. Take such action as may be necessary, or as the District may direct, for the protection
and preservation of the property related to this Agreement, which is in the possession of
the Contractor and in which the District has or may acquire an interest.

Billing Procedures and Payment
District will pay Contractor upon acceptance of services provided and receipt of properly
completed, detailed invoices, which shall be submitted monthly to Washougal School


District, 4855 Evergreen Way, Washougal, WA 98671 or emailed to
kimberly.goodrich@washougalsd.org.

The invoice shall describe and document, to the District’s satisfaction, a description of the
work performed, the progress of the project and fees.

Payment shall be considered timely if made by the District within thirty (30) calendar days
after receipt of properly completed invoices. Payment shall be sent to the address
designated by the Contractor or paid by ACH as requested by Contractor

The District may, in its sole discretion, terminate the Agreement or withhold payments

claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply

with any term or condition of this agreement.

DUPLICATE PAYMENT
The District shall not pay the Contractor, if the Contractor has charged or will charge any
other party under any other contract or agreement, for the same services or expenses.

DEBARMENT AND SUSPENSION

The contractor certifies the exclusion status of themselves, principal employees and
subcontractors from the General Services Administration’s List of Parties Excluded from
Federal Procurement or Nonprocurement Programs.

ASSURANCES

District and Contractor agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules, and
regulations.

ORDER OF PRECEDENCE

Each of the exhibits listed below is by this reference hereby incorporated into this
Agreement. In the event of an inconsistency in this Agreement, the inconsistency shall be
resolved by giving precedence in the following order:

Applicable federal and state of Washington statutes and regulations

Special terms and conditions as contained in this basic Agreement instrument
Exhibit A-Request for Proposal for

Exhibit B-Contractor’s Proposal dated

Any other provision, term or material incorporated herein by reference or otherwise
incorporated

okWN>

NOTICE

Any notices required or permitted to be given hereunder shall be given in writing and shall
be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested,
(c) by facsimile, (d) by email or (e) by a commercial overnight courier that guarantees next
day delivery and provides a receipt, and such notices shall be addressed as follows:

10


If to the District: Washougal School District
4855 Evergreen Way Washougal, WA 98671
Attention: Aaron Hansen

If to Contractor: MindSights, PC
847 NE 19 Ave Ste 150 Portland OR 97232

Attention: Shamus Lynsky

Or to such other address as either party may from time to time specify in writing to the other
party. Any notice shall be effective only upon delivery, which for any notice given by
facsimile shall mean notice which has been received by the party to whom it is sent as
evidenced by confirmation slip.

ENTIRE AGREEMENT

This Agreement, including referenced exhibits, represents all the terms and conditions
agreed upon by the parties. No other statements or representations, written or oral, shall be
deemed a part hereof.

CONFORMANCE

If any provision of this Agreement violates any statute or rule of law of the state of
Washington, or District policies, procedures or regulations, it is considered modified to
conform to that statute, rule of law, policy, procedure or regulation.

APPROVAL

This Agreement shall be subject to the written approval of the District’s authorized
representative and shall not be binding until so approved. The Agreement may be altered,
amended, or waived only by a written amendment executed by both parties.

THIS AGREEMENT, consisting of 11 pages and _0 attachment(s), is executed by the
persons signing below, who warrant they have the authority to execute the Agreement.

Washougal School District 06-112 MindSights, PC
Signature Signature
Title Title
Date Date

11


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2024-2025 VACCINE PHARMACY SERVICES AGREEMENT (“AGREEMENT”)

Business/Organization Contact Name: Cyndi Barbur
Contact Email: cyndi.barbur@washougalsd.org

Contact Phone: 360-954-3007
Billing Contact Name or Dept Name: (if different than above Kim Gocdrich
Accounts Payable Email:
4855 Evergreen Way Washougal, WA 98671
360-954-3006

Invoice Delivery Option: {Email is preferred | Xd Email [| Mail
Anticipated # of Participants/Services:

Albertsons/Safeway Contact Name(s): Samantha Dutra
Effective Date: (Date the Agreement begins 9/1/2024

Business/Organization Name: (“Organization” Washougal School District

responsible for kim.goodrich@washougalsd,org

Terms:

On behalf of its subsidiaries, Albertsons Companies, inc. ("Pharmacy"), doing business as Safeway/Albertsons
operating in WA, hereby agree(s) to provide vaccination services (subject to a valid prescription if required by law)
to eligible members of Organization, at the pharmacy(ies) set forth above, or at another site mutually agreed to by
the parties. Vaccinations will be provided by an authorized individual of the Pharmacy, who has completed required
professional training, and operating under applicable law(s) including but not limited to the state’s Board of
Pharmacy or Pharmacy Practice Act, and in accordance with current immunization recommendations and
guidelines established by the Advisory Committee on Immunization Practices (ACIP) of the U.S. Centers for
Disease Control and Prevention (CDC).

Eligibility and Billing Options:

Pharmacy agrees to provide vaccines to Organization members according to and/or upon presentation of the
agreed-upon identification and eligibility method: (members will present with their company-sponsored
medical and prescription cards; only members/employees with company-sponscred insurance will be
eligible to receive the vaccine(s}).Pharmacy will work in good faith with Organization to determine in advance
the medical or prescription drug benefit coverage for applicable vaccines that Pharmacy is able to bill through
Pharmacy’s billing system. Where applicable, Pharmacy shall collect any applicable copayments, coinsurance or
cost of the vaccine from the Organization member at the point of service.

How should claims be billed? Select the applicable option(s) below:

Bill the Member’s Insurance: Vaccine claims shall be billed and reimbursed online through
Pharmacy's billing system for eligible members with on-line vaccine coverage. insurance info
must be presented at time of service. Piease list the name of the medical or prescription drug
provider to be billed: List the name of the insurance. in the event of non-payment from medical
or prescription benefits, the Member will be responsible for vaccine reimbursement charges due
to Pharmacy.

[] Invoice Your Organization: The Organization will cover the cost of the vaccine(s) for the
Organization's members according to the following member eligibility criteria and the
reimbursement terms described herein: N/A

C] Member Will Self-Pay: Organization members shall be responsible for the cost of vaccine(s} as
outlined below at the point of service. N/A



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% Vaccine Gategory,. : ena Vaccine Product ‘Rate/Dose__
Injectable Influenza
Vaccines Trivalent Infiuenza Vaccine
(“Fiu Shots”)

Flublok influenza Vaccine

{indicated for adults 18 years & older}

High Dose Influenza Vaccine
(Indicated for adults 65 years & older}

f Other Vaccines COVID-19 Vaccine
Arexvy (RSV)

Adacel/Boostrix (Tdap)

Heplisav-B (Hepatitis B)

Prevnar 20 (Pneumonia)
Shingrix (Herpes Zoster)
Other Vaccine (Please Specify)
Other Vaccine (Please Specify)
Other Vaccine (Please Specify)

Other Vaccine (Please Specify}

no Ff 46 fF fF 42 6 fF 86 1 6

Other Vaccine (Piease Specify)

Note: Rates are subject to change if manufacturer{s) implement industry-wide price increases. Any
unforeseen rate changes wili be communicated and agreed upon in writing by both parties.

3. Any other additional terms shall be described here: N/A.

4. On-Site Clinics? i Yes (No ff yes, refer to Exhibit A.
Enter On-site Clinic minimums:
Required minimum of * Minimum service payment for the clinic will be 80% of expected participants or 30
participants, whichever is greater. !f actual number of participants is over 80% of expected and over 30

participants, client will be invoiced for all participants to that total. participants or services per hour per
Immunizer per clinic or a surcharge amount of $N/A per hour will be charged to the Organization.


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“Pharmacy requires at least a 72-hour notice to cancel any scheduled clinic(s), or a surcharge of $375 per
clinic will apply.

Term and Termination:

The term of this Agreement shail automatically terminate on 08/31/2025, unless terminated by any of the following:
(i) without cause upon thirty (30) days written notice from either party; (ji) default or breach by either party of any
provision of this Agreement which remains uncured for ten (10) business days after written notice from the other
party; or (iii) immediately upon the insoivency or the filing of any bankruptcy proceedings by or on behalf of either
party, an assignment for the benefit of creditors or the appointment of a receiver. Such termination as described
herein shali not release Organization from liability for debts previously accrued hereunder. The parties further agree
that in the event of any dispute or collection efforts hereunder, the prevailing party shall be entitled to recover from
the other its reasonable attorney fees and expenses, in addition to such remedies as may otherwise be available at
law or in equity.

Billing and Invoices:

if Organization selects to be invoiced, Pharmacy shail bil! Organization for such vaccinations monthly in arrears at
the reimbursement rate(s) stated above. invoices are distributed by AVIA Partners, Inc. on behalf of Albertsons
Companies, inc. and delivered via email or U.S. mail.

To the extent applicable based on the billing option selected above, Organization hereby unconditionally agrees to
reimburse Pharmacy for vaccinations administered pursuant to this Agreement by paying each invoice within thirty
(30) days of receipt to the Remittance Address listed below. in the event the Organization does not pay within thirty
(30) days, Pharmacy reserves the right to refuse to provide further vaccinations hereunder until such debt is paid in
full. Payments received after thirty (30) days will be subject to interest on the unpaid balance accruing from the first
day in the amount of 172% above the prime rate on the date the payment was due. If at any time the rate of interest
payable by Organization exceeds the highest rate of interest permissible under any applicable law (the “Maximum
Lawiul Rate”}, then, so jong as the Maximum Lawful Rate would be exceeded, the rate of interest under this
Agreement shall be equal to the Maximum Lawful Rate.

Remittance Address:

Albertsons Companies
P.O. Box 742382
Los Angeles, CA 90074-2962

Email: pharmcontracting@albertsons.com

Liability/indemnification:

Organization and Pharmacy agree to indemnify, hold harmless and defend the other, its
parent, subsidiaries or affiliates from any liability, loss, damage, claim or expense of any kind, including costs and
attorney’s fees, which results from the act or omission of the indemnifying party or its agents or employees.

Confidentiality; HIPAA Compiiance:

Pharmacy and Organization shall treat all member's pharmacy records as confidential and comply fully with all
applicable state and federal laws and regulations regarding the confidentiality of member's records including but not
limited to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA) as from time
to time amended. The foregoing provision regarding confidentiality shail survive expiration or termination of the
Agreement. Pharmacy shall maintain records regarding services under this Agreement in compliance with
applicable federal, state and local laws.


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9. No Exclusion from Federal HealthCare Programs:
Each party represents and warrants to the other party that it is not excluded from participation in any federal health
care programs, as defined under 42 U.S.C. section 1320a-7b(f}; and to its knowledge, there are no pending or
threatened government investigations that may lead to such exclusion. Each party will notify the other party of the
commencement of any such exclusion or investigation within seven (7) business days of receiving written notice of
such. Each party shall have the right to immediately terminate this Agreement upon learning of any such exclusion
of the other.

10. Miscellaneous:

This Agreement, together with any addenda, amendments or modifications attached hereto, comprises the complete
agreement of the parties with respect to the subject matter hereof. This Agreement may be amended ai any time
only by a written agreement signed by both parties. This Agreement may only be assigned with the prior written
consent of the other party unless assigned to a parent, affiliate, subsidiary or successor in interest. This Agreement
shall be construed and enforced in accordance with the laws of the State of WA without regard to conflict of law
principles. This Agreement is intended solely for the benefit of the undersigned and shail not inure to the benefit of
any third parties. This Agreement may be executed in any number of counterparts, each of which shail be an original
and ail of which together shall be one document binding on the parties even though each of the parties may have
signed different counterparts. This Agreement shail also be considered executed by the parties upon receipt by
electronic transmission of the counterparts signed by ail the parties.

greement as of the date set forth below.

Signature
—— |

Name; i ONTD danger | | ame: | Joe Lask, PharmD
/ whe ren Se pir ca ent | site: Senior Director, Managed Care
‘pate. | S/22/a owe |

VSA Template Updated: 04/29/2024


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EXHIBIT A

Use of Organization's Facility (if applicable)

Subject to the terms and conditions set forth in this Agreement, Organization will provide Pharmacy and its employees,
contractors and agents with a right to access certain space owned or controlled by Organization (the "Facility”) for the
purpose of providing the services hereunder. This is a temporary non-exclusive license, revocable at the will of
Organization, Pharmacy will return the Facility to the condition it was in prior to Pharmacy's use of the Facility. Pharmacy
shall properly handle and dispose of ali medical waste, including, without limitation, any gioves, masks, swabs, and syringes,
in compliance with all applicable statutes, requiations and laws. Upon the expiration or termination of this License,
Pharmacy shall return the Facility free from any medical waste. Pharmacy shall indemnify, hold harmless and defend
Organization, its parent, subsidiaries or affiliates from any Loss related to Pharmacy’s use of the Facility under this
Agreement, including but not limited to claims brought by vaccine recipients.

THE FACILITY IS BEING PROVIDED TO THE PHARMACY “AS [S” AND THE PHARMACY HEREBY ACCEPTS
THE FACILITY IN “AS IS” CONDITION. THE PHARMACY SHALL USE THE FACILITY ONLY FOR THE PURPOSES
STATED HEREIN AT ITS SOLE RiSK, COST AND EXPENSE. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY
ORGANIZATION WITH RESPECT TO SUITABILITY OR SAFETY OF THE FACILITY FOR THE PHARMACY’S
INTENDED USE.


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2024-2025 VACCINE PHARMACY SERVICES AGREEMENT (“AGREEMENT”)

Washougal School District
Cyndi Barbur
cyndi.barbur@washougalsd.org
360-954-3006

Billing Contact Name or Dept Name: {if different than above Cyndi Barbur

Accounts Payable Email: (responsible for paying invoices kim.goodrich@washougalsd.org
Biliing Address, City, State, Zip: 4855 Evergreen Way Washougal, WA 98671

360-954-3006
invoice Delivery Option: x] Email [| Mail
Samantha Dutra

Effective Date: (Date the Agreement begins

4. Terms:

On behaif of its subsidiaries, Albertsons Companies, Inc. (“Pharmacy”), doing business as Safeway/Albertsons
operating in WA, hereby agree(s) to provide vaccination services (subject to a valid prescription if required by Jaw)
to eligible members of Organization, at the pharmacy(ies) set forth above, or at another site mutually agreed to by
the parties. Vaccinations will be provided by an authorized individual of the Pharmacy, who has completed required
professional training, and operating under applicable law(s) including but not limited to the state’s Board of
Pharmacy or Pharmacy Practice Act, and in accordance with current immunization recommendations and
guidelines established by the Advisory Committee on Immunization Practices (ACIP) of the U.S. Centers for
Disease Control and Prevention (CDC).

2, Eligibility and Billing Options:

Pharmacy agrees to provide vaccines to Organization members according to and/or upon presentation of the
agreed-upon identification and eligibility method: (members will present with their company-sponsored
medical and prescription cards; only members/employees with company-sponsored insurance will be
eligible to receive the vaccine(s)),Pharmacy will work in good faith with Organization to determine in advance
the medical or prescription drug benefit coverage for applicable vaccines that Pharmacy is able to bill through
Pharmacy's billing system. Where applicable, Pharmacy shail collect any applicable copayments, coinsurance or
cost of the vaccine from the Organization member at the point of service.

How should claims be billed? Select the applicable option(s) below:

BX ~—_ Bill the Member’s Insurance: Vaccine claims shall be billed and reimbursed onjine through
Pharmacy’s billing system for eligible members with on-line vaccine coverage. Insurance info
must be presented at time of service. Please iist the name of the medical or prescription drug
provider to be billed: Regence and Premera. In the event of non-payment from medica! or
prescription benefits, the Member will be responsible for vaccine reimbursement charges due to

Pharmacy.

(1) = invoice Your Organization: The Organization will cover the cost of the vaccine(s) for the
Organization's members according to the following member eligibility criteria and the

reimbursement terms described herein: N/A

[1 Member Will Self-Pay: Organization members shall be responsible for the cost of vaccine(s} as
outlined below at the point of service. N/A


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Vaccine Category. . : Eo y., Waecine Product.

Rate/Dose
Injectable Influenza

| Vaccines Trivalent Influenza Vaccine 3 46.00
(“Flu Shots”)

Fiublok Influenza Vaccine $ 78.00
{indicated for adults 18 years & older)

High Dose Influenza Vaccine $ 78.00
(indicated for adults 65 years & older)

Other Vaccines COVID-19 Vaccine $ 225.00

Arexvy (RSV)

Adacel/Boostrix (Tdap)

Heptisav-B (Hepatitis B)

Prevnar 20 {Pneumonia}

Shingrix (Herpes Zoster)

Other Vaccine (Please Specify)

Other Vaccine (Please Specify)

Other Vaccine (Please Specify)

Other Vaccine (Please Specify)

Other Vaccine. (Please Specify)

Note: Rates are subject to change if manufacturer(s) implement industry-wide price increases. Any
unforeseen rate changes will be communicated and agreed upon in writing by both parties.

3. Any other additionai terms shail be described here: NIA.
4, On-Site Clinics? KJ] Yes [] No If yes, refer to Exhibit A.
Enter On-site Clinic minimums:

Required minimum of 25 participants or services per hour per immunizer per clinic or a surcharge amount
of $150 per hour will be charged to the Organization.

“*Pharmacy requires at least a 72-hour notice to cancel any scheduled clinic(s), or a surcharge of $375 per
clinic will apply.


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Term and Termination:

The term of this Agreement shall automatically terminate on 08/31/2025, unless terminated by any of the following:
{i} without cause upon thirty (30) days written notice from either party; (fi) default or breach by either party of any
provision of this Agreement which remains uncured for ten (10) business days after written notice from the other
party; or (iii) immediately upon the insolvency or the filing of any bankruptcy proceedings by or on behalf of either
party, an assignment for the benefit of creditars or the appointment of a receiver, Such termination as described
herein shaii not release Organization from liability for debts previously accrued hereunder. The parties further agree
that in the event of any dispute or collection efforts hereunder, the prevailing party shall be entitled to recover from
the other its reasonable attorney fees and expenses, in addition to such remedies as may otherwise be available at
law or in equity.

Billing and Invoices:

lf Organization selects to be invoiced, Pharmacy shail bill Organization for such vaccinations monthly in arrears at
the reimbursement rate(s) stated above. Invoices are distributed by AVIA Partners, Inc. on behalf of Albertsons
Companies, Inc. and delivered via email or U.S. mail.

To the extent applicable based on the billing option selected above, Organization hereby unconditionally agrees to
reimburse Pharmacy for vaccinations administered pursuant to this Agreement by paying each invoice within thirty
(30) days of receipt to the Remittance Address listed below. in the event the Organization does not pay within thirty
(30) days, Pharmacy reserves the right to refuse to provide further vaccinations hereunder until such debt is paid in
full. Payments received after thirty (30) days will be subject to interest on the unpaid balance accruing from the first
day in the amount of 142% above the prime rate on the date the payment was due. if at any time the rate of interest
payable by Organization exceeds the highest rate of interest permissible under any applicabie law (the “Maximum
Lawful Rate’), then, sc long as the Maximum Lawful Rate would be exceeded, the rate of interest under this
Agreement shall be equal to the Maximum Lawful Rate.

Remittance Address:

Albertsons Companies
P.O. Box 742382
Los Angeies, CA 90074-2962

Email: pharmcontracting@albertsons.com

Liability/Indemnification:

Organization and Pharmacy agree to indemnify, hold harmless and defend the other, its
parent, subsidiaries or affiliates from any liability, loss, damage, claim or expense of any kind, including costs and
attorney's fees, which results from the act or omission of the indemnifying party or its agents or employees.

Confidentiality; HIPAA Compliance:

Pharmacy and Organization shall treat all member's pharmacy records as confidential and comply fully with all
applicable state and federal laws and regulations regarding the confidentiality of member's records including but not
limited to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-197 (HIPAA) as from time
to time amended. The foregoing provision regarding confidentiality shall survive expiration or termination of the
Agreement. Pharmacy shall maintain records regarding services under this Agreement in compliance with
applicable federal, state and local laws.


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For Asta?

9. Wo Exclusion from Federal HealthCare Programs:
Each party represents and warrants to the other party that it is not excluded from participation in any federal health
care programs, as defined under 42 U.S.C. section 1320a-7b(f); and to its knowledge, there are no pending or
threatened government investigations that may lead to such exclusion. Each party will notify the other party of the
commencement of any such exclusion or investigation within seven (7) business days of receiving written notice of
such. Each party shail have the right to immediately terminate this Agreement upon learning of any such exclusion
of the other.

10. Miscellaneous:

This Agreement, together with any addenda, amendments or modifications attached hereto, comprises the complete
agreement of the parties with respect to the subject matter hereof. This Agreement may be amended at any time
only by a written agreement signed by both parties. This Agreement may only be assigned with the prior written
consent of the other party unless assigned to a parent, affiliate, subsidiary or successor in interest. This Agreement
shall be construed and enforced in accordance with the laws of the State of WA without regard to conflict of law
principles. This Agreement is intended solely for the benefit of the undersigned and shall not inure to the benefit of
any third parties. This Agreement may be executed in any number of counterparts, each of which shall be an original
and all of which together shall be one document binding on the parties even though each of the parties may have
signed different counterparts. This Agreement shal! also be considered executed by the parties upon receipt by
electronic transmission of the counterparts signed by all the parties.

Joe Lask, PharmD
Senior Director, Managed Care
ote |

Organization

.

Signature

ral WA ral
hoor Hessen
‘poe: | S/asJay

VSA Template Updated: 04/29/2024


LE Unt’

EXHIBIT A

Use of Organization’s Facility (if applicable)

Subject to the terms and conditions set forth in this Agreement, Organization will provide Pharmacy and its empioyees,
contractors and agents with a right to access certain space owned or controlled by Organization (the “Facility”} for the
purpose of providing the services hereunder, This is a temporary non-exclusive license, revocable at the will of
Organization. Pharmacy will return the Facility to the condition it was in prior to Pharmacy’s use of the Facility. Pharmacy
shall properly handle and dispose of all medical waste, including, without limitation, any gloves, masks, swabs, and syringes,
in compliance with all applicable statutes, reguiations and laws. Upon the expiration or termination of this License,
Pharmacy shall return the Facility free from any medical waste. Pharmacy shal! indemnify, hold harmless and defend
Organization, its parent, subsidiaries or affiliates from any Loss related to Pharmacy’s use of the Facility under this
Agreement, including but not limited to claims brought by vaccine recipients.

THE FACILITY iS BEING PROVIDED TO THE PHARMACY “AS IS” AND THE PHARMACY HEREBY ACCEPTS
THE FACILITY IN “AS iS” CONDITION. THE PHARMACY SHALL USE THE FACILITY ONLY FOR THE PURPOSES
STATED HEREIN AT ITS SOLE RISK, COST AND EXPENSE. NO WARRANTY, EXPRESS OR IMPLIED, IS MADE BY
ORGANIZATION WITH RESPECT TO SUITABILITY OR SAFETY OF THE FACILITY FOR THE PHARMACY’S

INTENDED USE.


Renaissance Subscription Renewal

Quote #: RPRNQ3105695*

2911 Peach Street, Wisconsin Rapids, WI 54494-15905
Phone:(800) 338-4204 | Fax:(B77) 280-7642

Federal [.D. 39-1559474

www.renaissance.com

Washougal School Dist 112-6 - 298259 Subscription End: 6/30/2024
4855 Evergreen Way Notice Date: 07 2024
Washougal, WA 98671-9776

Contact: Betty Gabe! - (360) 954-3000 Reference ID: 677761

Email: betty.gabel@washougalsd.org

Sales Tax | _ $2,375.24

Pricing and discounts are subject to change if alterations are made to this quote.
By signing below, Customer:
* acknowledges that the Person signing this Quote is authorized to do so;
* agrees that this Quote, any other quotes issued to Customer during the Subscription Period and Customer and its
Authorized Users access to and use of the Products and Services are subject to the Renaissance Terms of Service

and License located at https://doc renlearn.com/KMNet/R62416.odf which are incorporated herein by reference:
* acknowledges receipt of the Notice of Renaissance's Practices Relating to Children’s Online Privacy

httns://docs.renaissance.com/R63870 directed to you as the school official responsible for authorizing the use of
the Renaissance Products and Services in the educational context.

To accept this offer and place an order, please sign and return this Quote,

Renaissance will issue an invoice pursuant to this Quote on the Invoice Date you specify below. If no Invoice Date ig listed,
Renaissance will issue an invoice within 30 days from the date of this Quote. If your organization requires a purchase order
prior to invoicing, please check the box below and issue your purchase order to the Renaissance address below no fater
than +5 days prior to the Invoice Date. Payment is due net 30 days from the Invoice Date.

If your billing address is different from the address at the top of this Quote, please add that billing address below.

Please check here if your organization requires a purchase order prior to invoicing: [ ]

Renaissance Learning, inc. Washougal School Dist 112-6 - 298259
By:

Name: Ted Wolf Name:
Title: VP - Corporate Controller Title:

Date: 7/2/2024 Date:

Mail: PO Box 8036, Wiscansin Rapids, W! 54495-8036
Fax: (B77)280-7642

Email: electronicorders@renaissance.cam

Phone: (877)444-3172

*This quote is valid for 30 days. It may have been previously sent with a different reference number, and may reflect
changes made in the past 30 days. Alterations to this quote will not be honored without Renaissance Learning approval.
Tax has been estimated and is subject to change without notice. Unless you provide Renaissance with a valid and correct
tax exemption certificate applicable to your purchase of product and the product ship-ta location, you are responsible for
sales and other taxes associated with this order. Standard payrnent terms are net 30 days from invoice date.

Page | of 4


faAenaissance

2911 Peach Street, Wisconsin Rapids, Wi 54494-1905
Phone:(800) 338-4204 | Fax:(877) 280-7642

Federal |.D. 39-1559474

www.renaissance.com

Subscription Renewal
Quote #: RPRNQ3105695*

Page 2 O14


fAenaissance Subscription Renewal
Quote #: RPRNG3105695*
2911 Peach Street, Wisconsin Rapids, WI 54494-1905

Phone:(800) 338-4204 | Fax:(877) 280-7642
Federal |.D. 39-1559474

Www. renaissance.com

07/07/2024 - 06/30/2025

$27,944.06
Applications Subtotal |

FastBridge Subscription

Borg
sd
wa
~
ui
ho
oo
|

Sales Tax

Page dol 4


fAenaissance Subscription Renewal

Quote #: RPRNQ3105695*

2911 Peach Street, Wisconsin Rapids, WI 54494-1905
Phone:(800} 338-4204 | Fax:(877) 280-7642

Federal 1.D. 39-1559474

www_renalssance.com

Dieta ad Ligbbeis igi tiaie Lidnebideient

ae

Washougal Schoo! Dist 112-6 - 298259 2,800

Lexile is a registered trademark of MetaMetrics, inc,

@Copyright 2024 Renaissance Learning, Inc. All rights reserved.

All logos, designs, and brand names for Renaissance's products and services are trademarks of Renaissance Learning, inc., arid its
subsidiaries, registered, common law, or pending registration in the United States

All other product and company names should be considered the property of their respective companies and organizations.

Page 4 ote


INDEPENDENT CONTRACTOR PROFESSIONAL SERVICES AGREEMENT

This Independent Contractor Professional Services Agreement (“Agreement”) is made and entered into by and
between Phil R. Oaks, a Washington state limited liability company (“Contractor”) and Washougal School District
No. 112, a Washington state municipal corporation (“District’’).

The District desires to retain the services of the Contractor for instruction in academics, and the Contractor desires
to render these services for the District. In consideration of the following terms and conditions, the parties agree as
follows:

1. Term.

This Agreement is effective September 1, 2024, and terminates at midnight on August 31, 2025 unless terminated
earlier as provided by this Agreement.

2. Academic Instruction Services.
2.1 Contractor agrees to provide academic instruction services for a District student.
2.2 Contractor shall provide the District with Services To Be Provided within Exhibit A.
3. Payment.

3.1 Contractor shall be compensated at the rate of $55.00 per participant for the services within Services
To Be Provided within Exhibit A.

3.2 All invoices for services must include dates and description of work performed. All invoices will be
submitted by Contractor by the last day of each month for payment the following month. The District
must have a completed W-9 Form on file before any payment is made to Contractor.

4, Benefits.

4.1 Contractor, acknowledges that for all purposes related to this agreement, Instructors is and shall be
deemed an independent contractor, and agrees that Contractor and its agents, employees,
subcontractors, and volunteers shall not be entitled to any benefits (including, but not limited to,
industrial insurance benefits, medical benefits, or any other health benefits) other than the payment
provided under Section 3 of this Agreement.

4.2 Contractor, as an independent contractor, acknowledges and agrees that Contractor and its agents,
employees, subcontractors, and volunteers are not covered by the District’s industrial insurance in
the case of an accident.

5. Income/Taxes/Industrial Insurance.

Contractor represents, acknowledges and agrees that it is Contractor’s sole obligation to report as income all
compensation received from the District pursuant to this Agreement. Contractor further agrees the District shall not
be obligated to pay withholding taxes, social security, unemployment taxes, disability insurance premiums, or similar
items, in connection with any payments made to Contractor pursuant to the terms of this Agreement. Contractor is
obligated to pay all taxes required by federal and/or state laws. All payroll taxes, unemployment contributions, and
any other taxes, industrial insurance and expenses for Contractor and its agents, employees, subcontractors, and
volunteers shall be the sole responsibility of Contractor. Contractor shall comply with all provisions of Title 51 RCW,
Industrial Insurance. Contractor shall indemnify and hold harmless the District from and against any and all costs
(including attorneys’ fees incurred in defense) arising out of any breach of Contractor’s representations and obligations
in this Section 5 or any assertion that the Contractor is not an independent contractor.

6. Independent Contractor Status.

Page | of 6


Contractor is an independent contractor and nothing contained in this Agreement shall be construed to (1) give either
party the power to direct and control the day-to-day operations of the other; (2) consider the parties joint ventures, co-
owner, or otherwise; or (3) allow the Contractor to create or assume any obligation on behalf of District for any
purpose whatsoever. Contractor shall be solely liable for the wages, fringe benefits, work schedules, and work
conditions of its agents, employees, subcontractors, and volunteers. Contractor shall be solely responsible for any
liability, in tort or otherwise, incurred by Contractor and its agents, employees, subcontractors, and volunteers.

7. Indemnification/Insurance.

7.1

7.2

Indemnification/Hold Harmless/Duty to Defend. Contractor shall defend, indemnify, hold and
save harmless the District, its agents, representatives, directors, and employees (“Indemnitees’”’)
from all loss, damage, liability, claims, allegations, demands, suits, causes of action, settlements,
judgments, or expenses (including attorneys’ fees and all expenses of litigation), (each and all,
hereinafter, “Claim’”’), resulting from any actual or alleged injury or death of any person, or from
any actual or alleged loss of or damage to any real or personal property, caused by or resulting from
any act or omission by Contractor or its agents, employees, subcontractors, or volunteers relating
to, arising from, or connected with Contractor’s performance of this Agreement. This agreement to
defend, indemnify and hold harmless shall be triggered upon the assertion of any Claim against any
Indemnitee within the scope of Contractor’s said defense, indemnification, and hold harmless
obligations. Attorney fees and litigation expenses incurred by any Indemnitee in successfully
enforcing the obligations of this section shall be paid by Contractor.

Contractor further agrees that its, defense, indemnity, and hold harmless obligations shall apply to
Claims made by its own employees against an Indemnitee, but in that instance only to the extent of
Contractor’s own negligence or fault in whole or partly causing the claimant’s damages. To that
extent, Contractor therefore knowingly and expressly waives any immunity that it otherwise might
have been entitled to invoke under Title 51 RCW in opposition to a claim for defense, indemnity,
or hold harmless hereunder. Contractor agrees by signing this Agreement that this waiver of
immunity under Title 51 RCW has been expressly and specifically negotiated by Contractor.

Insurance. For the duration of this Agreement, Contractor shall maintain in force at its own expense,
the following insurance:

7.2.1 Worker’s Compensation Insurance in compliance with Title 51 RCW;

7.2.2 Professional Liability Insurance to protect and defend against any and all claims arising
from alleged or actual professional errors, negligence, omissions or mistakes by Contractor
or its employees, agents, or representatives in the course of their professional duties in the
performance of this Agreement, in an amount not less than $1,000,000 per occurrence and
$1,000,000 aggregate. These limits can be fulfilled by obtaining umbrella insurance over
and above the underlying policy. It shall include contractual liability coverage for the
defense, indemnity, and hold harmless obligations provided under this Agreement;

7.2.3 Automobile Liability. In the event that services delivered pursuant to this contract involve
the use of vehicles, either owned or unowned by the Contractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is:

a. $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and
property damage.

7.2.4 Errors and Omissions. Provide an Errors and Omissions Liability Insurance Policy,

including contractual liability, in adequate quantity to protect against legal liability arising
out of contract activity but no less than $1,000,000 per occurrence.

Page 2 of 6


10.

7.2.5 Sexual Abuse/Molestation Liability Insurance; Contractor shall also obtain, at the
Contractor’s expense, and keep in effect during the term of the contract, Sexual
Abuse/Molestation Liability coverage for work with youth under this Agreement. The
Combined Single Limit per occurrence shall not be less than $1,000,000.

7.2.6 | The insurance required shall be issued by an insurance company/ies authorized to do
business within the state of Washington, and shall name the District, its agents and
employees as additional insured’s under the insurance policy/ies. There shall be no
cancellation, material change, or reduction of limits or non-renewal of the insurance
coverage required by this Agreement without thirty (30) days’ written notice to the District;

7.2.7 Before performance of this Agreement, Contractor shall furnish to the District copies of
such certifications, endorsements, or other appropriate documents of proof, from
Contactor’s insurer(s), establishing to the District’s satisfaction that compliance with
Contractor’s obligations under this Section of this Agreement has occurred; and

7.2.8 Contractor shall ensure that any individual or approved subcontractor it provides
shall comply with the requirement in this Section 7.2 of this Agreement.

Termination.

8.1

8.2

The District may terminate this Agreement at any time with or without cause upon seven (7) calendar
days’ prior written notification to Contractor. Upon termination of this Agreement, Contractor
understands and agrees that the District’s sole obligation shall be to make payments for services
completed as of the date of termination.

Upon the termination or expiration of this Agreement, Contractor shall promptly return to the
District all papers, materials, and other property of the District then in its possession.

Record Checks/Prohibited Employment.

9.1

9.2

Record Checks. Pursuant to RCW 28A.400.303, Contractor and any applicant, agent, employee,
subcontractor, or volunteer of Contractor who will have regularly scheduled unsupervised access to
children or developmentally disabled persons pursuant to this Agreement, shall be required to
complete a record check through the Washington State Patrol Criminal Identification System, under
RCW 43.43.830-.834, RCW 10.97.30 and .50, and through the Federal Bureau of Investigation
before hiring and prior to unsupervised access to children. The record check shall include a
fingerprint check using a complete Washington state criminal identification fingerprint card. Record
checks required above shall be at the sole cost and expense of Contractor.

Prohibited Employment. Pursuant to RCW 28A.400.330, Contractor shall prohibit any agent,
employee, subcontractor, or volunteer of the Contractor from working at a public school who has
contact with children at a public school during the course of his or her employment, if such
individual has pled guilty to or been convicted of any felony crime specified under RCW
28A.400.322. Contractor shall engage in due diligence to learn whether any of its agents, employees,
subcontractors, or volunteers have pled guilty or been convicted of any such crime and shall require
their agents, employees, subcontractors, and volunteers to self-report to the Contractor any such plea
or conviction. Any failure to comply with this section shall be grounds for immediate termination
of this Agreement by the District, notwithstanding any other provision in this Agreement.

Dispute Resolution.

In the event that a dispute shall arise regarding the terms, conditions, or breach of this Agreement, the parties shall, as
a condition precedent to taking any action, mediate the dispute using the services of a mutually agreed upon
independent mediator. The site of the mediation shall be in Chelan County, Washington. Each party shall split the
expenses of the mediator and the facility for the mediation. Each party shall otherwise pay its own expenses.

Page 3 of 6


11. Attorneys’ Fees/Costs.

In the event legal action becomes necessary to enforce any term or condition of this Agreement the prevailing party
in any legal action shall be entitled to recover reasonable attorneys’ fees and costs incurred in such action, as
determined by the court. In the event of any appeals from such actions, the prevailing party shall be entitled to recover
its reasonable attorneys’ fees and costs incurred in such appeals, and determined by the court(s). The term “costs”
shall include, in addition to statutory costs and disbursements, all costs associated with discovery depositions, expert
witness fees, and out-of-pocket costs incurred by the prevailing party in the prosecution or defense of the action. For
the purpose of this paragraph, the term “action” shall be deemed to include any proceeding commenced in the
bankruptcy courts of the United States.

12. Governing Law/Venue.

The terms of this Agreement shall be governed by the laws of the state of Washington. In the event that legal action
is commenced to resolve a dispute arising out of this Agreement, the venue of such action shall be in Chelan County,
Washington.

13. Notices.

All notices and billings to be given hereunder by either party may be affected either by personal delivery in writing or
by U.S. mail. Notices delivered personally shall be deemed communicated as of actual receipt, mailed notices shall
be deemed communicated as of the effective day of mailing, if prepaid. All notices shall be sent to the following
address, unless actual notice in writing of a different address for notices is received by the other party:

Phil R. Oaks

3489 X Street

Washougal, Washington 98671
(360) 241-7665

Washougal School District No. 112
ATTN: Superintendent

4855 Evergreen Way

Washougal, Washington 98671
(360) 954-3000

14, Waiver.

The failure of any party to exercise its rights under this Agreement shall not be deemed to be a waiver of such rights
or a waiver of any subsequent breach.

15. Integration/Modification.

This Agreement constitutes the entire and exclusive agreement between the parties regarding this matter and no
deviations from its terms shall be allowed. This Agreement may not be amended or modified, nor may any of the
provisions hereof be waived by any party, except in a writing executed by all parties hereto.

16. Representation.

Contractor represents that Contractor is in all respects qualified to perform the services, is capable of performing the
services, and is not contractually or otherwise financially associated with the District in any manner other than what
is provided for in this Agreement. None of the services shall be subcontracted without prior written approval of the
District. Contractor shall perform the services with a high standard of care, skill, and diligence. At all times of

performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the services.

17. Business Licenses.

Page 4 of 6


Contractor accepts full responsibility for filing tax information with the IRS and the Washington state Department of
Revenue, and obtaining all applicable business licenses as appropriate and as it relates to services rendered and
payments resulting from this Agreement.

18. Severability.

If any provision of this Agreement is determined to be unenforceable, the remaining provisions of this Agreement
remain in full force, if the essential terms and conditions of this Agreement for each party remain enforceable.

19. Assignment.

Contractor shall not assign or otherwise dispose of this Agreement or any duties, rights, or responsibilities
contemplated in this Agreement to any other person without the prior written consent of the District.

20. Privacy.

Contractor shall comply with all applicable federal, state, and local laws, regulations, codes, and orders, including the
privacy and non-disclosure provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Without the prior written consent of the District, Contractor is prohibited from disclosing to anyone other than an
official representative of the District the identity of any individuals for whom services are provided.

21. Nondiscrimination.

Contractor services shall be provided in a manner consistent with all applicable civil rights laws and in conformity
with applicable District policy. Contractor agrees not to discriminate in the provision of services on the basis of race,
color, national origin, sex, age, creed, sexual orientation, marital or veteran status, or disability.

22. Binding Effect.

This Agreement and the duties provided for herein shall be binding on the parties their heirs, successors, and assigns.

23. Construction.

The rule of construction that a contract is construed against the drafter shall not apply to any dispute over the
interpretation of application of this Agreement.

24, Authority.
The undersigned represent and warrant that they are authorized to enter into this Agreement.
25. Effective Date.

This Agreement shall not become effective unless and until it is executed by the parties.

DISTRICT: CONTRACTOR:
Washougal School District Phil R. Oaks
Name: Name:

Title: Title:

Date: Date:

Page 5 of 6


EXHIBIT A
Services To Be Provided

PROJECT INTRODUCTION | The district is committed to providing First Aid/CPR and AED classes to staff and
community members.

SCOPE OF WORK Contractor shall be responsible to hold the following classes at the dates, site options,
and prices listed. Contractor shall hold the class if the minimum number of participants
indicated for each respective activity register.

It is the goal of the District to reserve facilities and post activities for the school year
using the District’s website. Activities/Classes will be posted quarterly.

The District shall be responsible for reserving the site, developing a class roster,
managing registration, collecting payments, advertising classes and processing payment
after receipt of invoice.

Responsibility of the Contract

Contractor shall provide and be responsible for the following activities:

Contractor shall provide all instructors and equipment needed for the activities.
Contractor shall be responsible for the transport and storage of any equipment
and supplies needed at activities.

Contractor shall be responsible for participants during the activity hours listed
and any additional time necessary to ensure that all participants have been
picked up, or otherwise accounted for by a parent or guardian.
BACKGROUND CHECKS Contractor shall provide a background check to the District for any staff, volunteer, or
activity associate, paid or unpaid. Background checks must be completed and returned
to the District no less than one week before activities are scheduled to begin.
Background Checks shall include the following:

Name of staff, volunteer, or other associate

Name of activity the staff, volunteer, or associate will be at

Date of last background check

. Any crime, misdemeanor, infraction, or otherwise noteworthy information
PARTICIPATION Contractor shall share the names, emails, phone numbers, and addresses, and other
INFORMATION information acquired from participants registered for activities.
A. Contractor will list all classes pertaining to classes held in the District on their

website and will promote these classes with their social media

INVOICE Invoicing will occur at the end of each class with appropriate supporting documentation
Sign-In Sheets

PROGRAMMING DATES Dates of Training for 2024-25

For Official District Use:

Tax ID Number:

[| IRS Form W-9 on file

[| Record Checks on file

Page 6 of 6


Docusic¢n Enveiope ID: 4FB6565B-EA02-4841-A543-85EAD0B88E51

Central
Washington
University
LEARN. GO. LIVE.

Central Washington University
College in the High School

Interlocal Agreement
2024-2025 Academic Year

Parties
This Interlocal Agreement (hereinafter “Agreement’’) has been developed between Central
Washington University (““CWU”) and “Washougal School District

(“Schoo] District”) to govern their relationship in administering the College in the High School
Program for the 2024-2025 academic year. It is intended to define the conditions under which the
School District’s students (hereinafter “student") may enroll in CWU courses, and to establish
operational rules for enrollment in courses offered at high school sites.

Purpose
The College in the High School Program operated by CWU is intended to provide access for

advanced study for qualified high school students in a manner that minimizes enrollment barriers.
This Agreement refers to the College in the High School Program at high school locations where
students enroll in CWU courses at high school locations. In accordance with RCW 28A.600.287,
students will receive college credit from CWU upon successful completion of a College in the High
School course.

A. Funding and Fees
This Section A applies to College in the High School student enrollments funding and fees.

1. RCW 28A.600,.287, as currently enacted or hereafter amended, defines the College in the High
School program for the School District, CWU, and the student.

2. CWU will provide a monthly enrollment count to individual schools. This information will be e-
mailed to the individual(s) listed in section A.6. These reports must be regularly reviewed for
accuracy by each school.

3. The parties to this Agreement shall maintain documentation supporting College in the High
School student enrollment.

4. The State of Washington passed Senate Bill 5048 which eliminates the course fee for College in
the High School. CWU will provide the Office of Financial Management the required data to collect
state appropriations for the College in the High School program.

5. If School District uses CWU Testing Services, the testing fee of $15 per exam taken by each
student is automatically billed to the School District on a monthly basis. See Section F for more
information about testing.


Docusign Envelope 1D: 4FB6565B-EA02-4841-A543-85EAD088BE51

6. In the space below, the School District is to indicate who is to receive ail testing invoice
correspondences, It is important that this person or persons review and verify all invoice
correspondences sent from CWU and remit payment to CWU in a timely manner. Payment is due
within 60 days of School District’s receipt of each CWU invoice. CWU reserves the right to assess
interest on past-due amounts, at the rate of 1% per month, in accordance with applicable law.

Contact #1 Aaron Hansen
First and Last Name:

Interim Superintendent

Title:

; aaron. hansen@washougalsd.org
Email:

360-954-3000
Phone Number:

Address to send invoices to:
4855 Evergreen way, Washougal, WA 98671

Contact #2
First and Last Name:

Title:

Email:

Phone Number:

Address to send invoices to:

Address
city, State, Zip

Contact #3
First and Last Name:

Title:
Email:
Phone Number:

Address to send invoices to:
4855 Evergreen Way, washougal,wA 98671



Docusign Envelope ID: 4FB6565B-EA02-4841-A543-85EAD0888E51

7. The College in the High School Program is available during fail, winter, and spring terms.

B. Eligibility

1. High school freshman, sophomores, juniors and seniors are eligible to participate in the College
in the High School program as defined by RCW 28A.600.287 and as provided by WAC 392-725.

2. Attachment A hereto lists all the School District teachers approved to offer the CWU approved
courses in the College in the High School program. All participating School District teachers must
follow and be in compliance with all applicable CWU requirements and policies, including but not
limited to those listed in section H2 and H3 of this Agreement and the Instructor and Partner
Handbooks, available at https://www.cwu.edu/academics/specialized-programs/college-high-
school/

Cc. Credits

1. In accordance with RCW 28A.600.287(6), School District must grant high school credit to a
student enrolled in a program course if the student successfully completes the course. If no
comparable course is offered by the School District, the district superintendent shall determine how
many credits to award for the course, The determination shall be made in writing before the student
enrolls in the course. The credits shall be applied toward graduation requirements. Evidence of
successful completion of each program course shall be included in the student’s secondary school
credits and transcript.

2. In accordance with RCW 28A.600.287(7), CWU must grant college credit to a student enrolled
in a program course if the student successfully completes the course. The college credit shall be
applied toward general education or major requirements. Evidence of successful completion of each
program course must be included in the student’s college transcript.

3. The School District shall establish on a course-by-course basis the amount of high school
required or elective credit, or combination thereof, that shall be awarded for each CWU course
successfully completed by the student based upon the conversion rate set forth in WAC 180-51-050;
one high school credit (Carnegie Unit) is the equivalent of five university quarter credits of course
work that is generally designated 101 level or above by CWU,

4. Pursuant to WAC 392-725-200(3), within five School District business days of a student’s
request for confirmation of credit, the School District superintendent or other designated School
District representative shall confirm in writing the amount of high school required or elective credit,
or combination thereof, which shall be awarded upon successful completion of the courses.

5. Upon confirmation by CWU ofa student’s successful completion of College in the High School
Program courses, the School District shall record on the student’s secondary school records and
transcript the high school credit previously confirmed under WAC 392-725-200 together with a
notation that the courses were taken at an institution of higher education.

D. Equity/Accommodations


Docusign Envelope ID: 4FB6565B-EA02-4841-4543-85EAD0888E51

1. Any ADA accommodations made for disabled students will be the obligation of the School
District.

2. For students under an Individualized Education Program (IEP) that provides for participation in
College in the High School program, the School District which establishes the IEP will be
responsible for ensuring compliance with the IEP.

E. Student Behavior

1. The School District and CWU shall independently have and exercise jurisdiction over academic
and disciplinary matters involving a student's enrollment and participation in courses, and the
receipt of services and benefits from the School District or CWU.

2. Student conduct will be governed by the high school’s policies and expectations as it pertains to
the student’s physical actions and presence in the classroom and in the school during the College in
the High School course offered at the high school class period. The CWU academic integrity policy
and course syllabus will govern the student’s academic performance, expectations, and standards.
Please refer to: https://www.cwu.edu/student-life/student-support/student-rights/

F. Testing

1. School District has the option of utilizing CWU Testing Services to satisfy placement
requirements into College in the High School program courses.

2. CWU will waive all Accuplacer Next-Generation testing fees for School District except for the
English exam. The English exam is not included in this waiver because C WU has a free self-
directed placement that is used to meet the course prerequisite for English 101. CWU will invoice
School District monthly for testing services at the rate of $15 per English exam taken.

G. CWU Responsibilities for College in the High School Program
CWU will:

1. Offer authorized and approved CWU courses at high schoo! locations, taught by School District
teachers who have gone through the CWU application process and been approved by the
appropriate CWU faculty liaison, CWU department chair, and CWU college dean or associate dean.

2. Determine final teacher appointment and eligibility for each course. Approved School District’s
teachers and courses are identified in Attachment A.

3. Provide access to the online registration system according to the established deadlines for
participating students to enroll in university credit options. Appropriate placement testing scores
may be required. (Please see registrar catalog (https://www.cwu.edu/academics/academic-
resources/course-catalog.php) for official requirements for all courses) Students wil! be admitted as
non-degree seeking, non-matriculated students.


Docusign Envelope ID: 4F B6565B-EA02-4841-A543-85EAD0888E51

4. Provide clear documentation of academic expectations for students enrolled in each approved
course offered at the high school location. The documentation will provide guidelines, as delineated
by the course syllabus, for College in the High School students taking college courses.

5. Coordinate team/individual meetings with School District teacher to ensure adherence to syllabi
and expected rate of student progress. Meetings will be coordinated, at CWU or the high school
campus, as necessary.

6. Depending on program/accreditation requirements, conduct observation of each School District
teacher at least once per year and provide feedback on the effectiveness of the classroom experience
to the School District teacher and the designated high school official.

7. Provide recommendations to remedy any inadequate performance issues to the designated
School District official within 60 days of classroom observation.

8. Remove from the program any instructors who have failed to comply with College in the High
School policies or procedures. Noncompliance issues will be handled in consultation with the
School District.

9. Arrange to have each CWU approved instructor evaluated using the CWU Student Evaluation of
Instruction (SEOT).

10. Solicit input from CWU approved instructors as appropriate, for development of course final
exam.

11. Provide each student the opportunity to visit the CWU campus upon mutual agreement between
the School District and CWU.

12. Provide each eligible student with a CWU student ID card if requested.

13. Conduct ongoing research in accordance with WAC 392-725-160 for the benefit of the program
and its participants.

14. Provide access to an advisor who can talk about the benefits and implications of taking college
courses.

15. In conjunction with the high school, provide students enrolled in CWU classes with suitable
access to learning resources and student support services.

16. Inform School Districts of required materials including, but not limited to, textbooks for each
college in the high school course. School District will be responsible for purchasing and replacing
any required textbooks. See attachment for list of required textbooks if applicable.

17. Pay $200.00 to each School District’s attendee if they attended for the entirety of the required
Summer Institute training. An attendee is eligible to receive $200.00 for attending more than one
Summer Institute only if they are approved for more than one discipline within the College in the
High School program. Attendees must follow the direction provided to them by CWU in order to
receive payment.


Docusign Envelope !D: 4FB6565B-EA02-4841-A543-85EAD0888E51

18. Send a one-time administrative re¢mbursement to the School District at the end of the academic
year, based on the following:

a)

b)

CWU recognizes that some of the duties connected to this program can require more or less
work depending on the number of students (i.e. the registration process, grading, etc.). The
administrative reimbursement is broken down by class size to reflect that additional work.
Because additional periods of the same course do not require any extra team meetings or
training time the additional reimbursement is meant to reflect further work done by teachers,
administrators, support staff, etc. (i.e. the registration process, grading, etc.).

The administrative reimbursement will be paid in the amount of $35 per student, up to a
maximum of 20 students per class period. CWU will collect the class period data provided
by the high schools from the online registration system, Canusia, to determine the
reimbursement.

School District must be current with all invoice payments to CWU and, when prompted by
CWU, provide the Washington State Invoice Voucher form A-19. The administrative
reimbursement cannot be processed if this item is not provided to CWU and/or the School
District is not current with payment(s). In the space below, the School District is to indicate
who is to receive all administrative reimbursement correspondence from CWU:

Contact #1

; Mark Castle
First and Last Name:

; Washougal High School Principal
Title:

Bimal: mark.castle@washougalsd.org

360-954-3101
Phone Number:

Contact #2
First and Last Name:

Title:

Email:

Phone Number:

H. School District Responsibilities for College in the High School Program

Schoo] District will:

1.

Supervise and evaluate School District teachers per the School District collective bargaining
agreement.


Docusign Envelope ID: 4FB6565B-EA02-484 1-A543-85EAD0888E51

2*. Ensure each CWU approved School District teacher completes or provides the following for
each approved course:

a)
b)
c)
d)
)
f)

g)
h)

1)
j)

k)

I)

Provide a professional] and prepared classroom environment.

Submit course syllabus to CWU for approval.

Provide each enrolled CWU student with the approved CWU syllabus at the start of the
term.

Course evaluations in accordance with the university established deadlines.

Attend individual/team meetings as designated or requested by CWU.

Attend yearly summer institute training session in accordance with CWU policy.

a. New teachers, both brand new to teaching and new to a discipline, who have gone
through the CWU application process and have been approved by CWU must attend
a Summer Institute training prior to their first time offering a CWU course.

b. CWU approved returning teachers who have successfully completed H2.f.a for each
approved discipline are required to attend summer institute training, at minimum,
every three years (i.e. if a teacher attends in 2024, at minimum, they will have to
attend in summer 2027 to remain eligible to teach CWU classes). Approved CWU
teachers are encouraged to attend the summer institute annually.

c. Teachers approved in multiple disciplines must be in compliance with the required
training for each specific discipline in order to offer CWU courses in the respective
disciplines.

Allow CWU to conduct classroom observation, either in person or online/remote, at least
once per year for each approved course.

Coordinate completion of Student Evaluation of Instruction (SEO]) in accordance with the
CWU student evaluation process.

Provide input to CWU faculty on the development of the course final.

Ensure students complete course requirements and learning outcomes as indicated in the
course syllabi.

Assign grades for CWU students who are enrolled in approved courses in accordance with
the university established deadlines.

Check their class rosters in both their MyCWU and CJHS web portals to verify enrollment
and notify CWU of any discrepancies.

m) Notify parents of required parent consent via school’s internal notification system

*Instructors found to be in non-compliance with section H.2. will be removed from the program.

3. In the event an approved instructor is unable to continue teaching their CWU course for a period
of 10 consecutive instructional days (an instructional day is defined as a day in which classes are
officially being held at the school and count toward the state mandated 180 days of instruction as
prescribed in RCW 28A.150.220), the School District must notify CWU. If the instructor is unable
to continue, only an approved instructor, who has gone through the CWU application process,
attended the required training, and been approved by CWU, may continue teaching the course. If
the original approved instructor is unable to continue teaching their CWU course, after missing 10
consecutive instructional days, and no other School District teacher has been approved to offer that
CWU course, the course will be cancelled, all students will be dropped from their CWU class, and
any charges assessed will be reversed.


Docusign Envelope iD: 4FB6565B-E402-4841-4543-85EAD0888E51

4. Respond to recommendations regarding inadequate performance as identified by CWU in
accordance with the Schoo! District collective bargaining agreement.

5. For mixed enrollment classes, maintain documentation that differentiates instruction and class
requirements between high school class and approved CWU course.

6. Ensure that any course materials required by CWU including, but not limited to, textbooks for
each College in the High School course, are purchased, maintained, and replaced as necessary,
either by the students or the School District.

7. Remit payment within 60 days of receipt of invoice or invoice date, whichever is later, to:

Central Washington University
Cashiers Office

400 E University Way
Ellensburg, WA 98926-7490

8. In conjunction with CWU, provide students enrolled in CWU classes with suitable access to
learning resources and student support services.

9. Student teachers can be involved with a CWU course under the direct supervision of an approved
and trained CWU College in the High School teacher. Student teachers may co-teach, act in a
support role and teach under the direct supervision of the CWU approved teacher. Here, direct
supervision means the CWU teacher is always in the room when the student teacher is teaching or
supporting the class. In courses involving a student teacher, the CWU teacher remains the primary
instructor for the course and is responsible for teaching the CWU curriculum, evaluating students,
and assigning all CWU grades. If/when a student teacher is teaching, the CWU teacher must ensure
they are teaching the CWU curriculum in the correct manner and following the CWU syllabus. The
student teacher will not administer or grade any CWU assessments. Student teachers will not be
able to establish a MyCWU or access MyCWU-protected information or resources. Teachers with a
student teacher assisting in their CWU course should notify their faculty liaison. Additionally, when
scheduling the class observation, teachers should schedule the visit for when they are teaching as
opposed to the student teacher as the class observation needs to be of the course's primary and CWU
approved instructor. Student teachers are not permitted to teach without the CWU approved
instructor present in the classroom.

10. Please indicate what term system is/are your high school(s) using (when do you put official
grades on a student’s high school transcripts)?

High School Name(s) Term Type (Semester,
Trimester



Docusign Envelope ID: 4FB6565B-EA02-4841-A543-85EAD0888E51

11. Assist with student registration online in accordance with due dates and deadlines.

a) This includes but is not limited to identifying reviewers for the high school(s). A reviewer
reviews each registration and approves or denies a student registration based on several factors
including meeting the prerequisite, signed up for the correct class, etc. The reviewer also provides
data necessary to process enrollments including, class period, test scores, test score sheets, high
school GPA range, grade level, if needed, a high school transcript or a different colleges transcript.
The work conducted by a reviewer is acknowledged in section G18 of this agreement.

b) It is recommended to have at least one reviewer for every 250 students participating in the
College in the High School program. Please plan accordingly at the high school level.

12. Provide any data required by Senate Bill 5048 to CWU, such as but not limited to: free and
reduced lunch recipients and award of high school credit.

13. According to Senate Bill 5084, a high school that offers a college in the high school program
must include the following information about program courses in a notification to parents and
guardians of students in grades eight through twelve, including by email and in beginning of the
year packets, and in the high school catalogue or equivalent:

a) There is no fee for students to enroll in a program course for high school credit or for
students to enroll in a program course for both high school and college credit.

b) A notification that enrolling in a program course for college credit automatically starts an
official college transcript with the institution of higher education offering the program
course regardless of student performance in the program course, and that college credit
earned upon successful completion of a program course may count only as elective credit if
transferred to another institution of higher education.

14. Coordinate with internal information technology or similar department that works with emails to
ensure CWU emails for registration are not blocked at the student, teacher, and administration
levels. This can be done by adding @cwu.edu and @cihs.cwu.edu to the School Districts approved
domains.

J. Term

This Agreement shall commence upon full execution and continue through June 30, 2025. In
accordance with WAC 392-725-050, the term of this Agreement shall be limited to one school year.

J. Conditions / Compliance
1. This Agreement is intended to provide direction in the administration of the College in the High

School Program for CWU and the School District. Any changes must be in writing and agreed to by
both parties prior to any amendments.


Docusign Envelope ID: 4—-B6565B-EA02-4841-A543-85EAD0888E51

2, CWU and School District shall comply with all laws, ordinances, RCWs, WACs, and regulations
of governmental bodies applicable to the program as well as applicable iocal policies and
procedures. If any part of this Agreement conflicts with current RCWs and WACs, the RC Ws and
WACs will govern the Agreement.

3. To the extent permitted by law, CWU shall provide access to all CWU documentation as it
pertains to this Agreement, to School District, its officers, agents and employees, and to any other
agent or official of the federal, state, or local governmental authorities, at all reasonable times, for
the purpose of auditing, monitoring, and/or evaluating educational performance and compliance
with this Agreement.

4. The parties acknowledge that regular ongoing communication is vital to the success of the
collaborative nature of this Agreement. It is understood that team meetings will be held, as needed,
between School District and CWU staff to communicate issues regarding delivery of services under
this Agreement.

5. Primary Point(s) of Contact. The Primary Poit(s) of Contact are usually the principal, vice-
principal, counselor or someone at the district. Each party hereby designates the following to be
their Primary Point(s) of Contact under this Agreement and their responsibilities are as follows:

a) Attend the Summer Institute training

b) Understand CWU’s High School Partnerships policies and procedures

c) Assist with registering students

d) Serve as the contact if there are any issues with instructors, registrations, payments,

administrative reimbursements, etc.
e) If your school uses CWU testing services, coordinate with the testing department
f) Work with the CWU Primary Point of Contact on issues

*If your school district has multiple high schools that partner with CWU College in the
High School, please have a Primary Point of Contact for each high school.

Primary Poimt(s) of Contact

Washougal School District

Contact #1

First and Last Name: Mark Castle

Title: Principal

High School: Washougal

Phone Number: sees sn 0%

.. aaron.hansen@washougalsd.org
Email:

Contact #2
First and Last Name:

10


Decusign Envelope ID: 4FB6565B-EA02-484 1-A543-85EAD0888E51

Title:

High School:
Phone Number:

Email:

Contact #3
First and Last Name:

Title:

High School:

Phone Number:

Email:

Contact #4

First and Last Name:

Title:

High School:

Phone Number:

Email:

Primary Point of Contact for CWU: Director of Concurrent Enrollment

6. Nondiscrimination/Anti-Harassment. In the performance of this Agreement, the parties assure
compliance with all local, state and federal guidelines and regulations regarding nondiscrimination
and harassment involving any employee/student on the basis of age, sex, marital status, sexual
orientation, gender identity, race, color, creed, national origin, citizenship or immigration status,
honorably discharged veteran or military status, the presence of any sensory, mental, or physical
disability, the use of a trained dog guide or service animal by a person with a disability, genetic
information, or any protected status, in compliance with applicable state and federal law, including
RCW 49.60.530. In addition, Contractor, including any subcontractor, must give written notice of
this nondiscrimination requirement to any labor organizations with which Contractor, or

subcontractor, has a collective bargaining or other agreement..

7. No Dual Employment. Nothing contained in this Agreement, or related documents shall be
construed as creating any form of an employment relationship between the Schoo] District and

11


Docusign Envelope ID: 4FB6565B-EA02-4841-A543-85EAD0888E51

CWU or the agents, officers, volunteers, or employees of CWU. The officers, agents, employees, or
volunteers of CWU shall not be entitled to any rights or privileges of employment with School
District. School District employees and students do not, by this Agreement, become agents or
employees of CWU. Accordingly, School District employees and its students shall not be entitled to
any rights or privileges established for employees of CWU, such as vacation, sick leave with pay,
paid days off, life, accident and health insurance or severance pay upon termination of this
Agreement.

8. Unsupervised Access to Students. Pursuant to RCW 28A.400.303, any employees of either party
providing services who will have regularly scheduled unsupervised access to children pursuant to
this Agreement, shall be required to have successful completion of a background record check
through the Washington State Patrol Criminal Identification System, under RCW 43.43.830-.834,
RCW 10.97.30 & .50, and through the Federal Bureau of Investigation prior to hiring and prior to
unsupervised access to children. The record check shall include a fingerprint check using a
complete Washington state criminal identification fingerprint card. Each party bears responsibility
for the cost of required background checks for their respective employees.

9. Indemnification, Each party to this Agreement shall be responsible for its own acts or omissions
and for those of its officers, employees, and agents. Neither party shall be responsible for the acts of
omission of persons or entities not a party to this Agreement. Neither party to this Agreement shall
be considered the agent of the other party.

10. Insurance. During the term of this Agreement, the School District shall maintain in force, at its
own expense, the following insurance:

a) Worker’s Compensation Insurance in compliance with RCW Title 51;

b) General Liability Insurance on an occurrence basis, with a limit of not less than
$1,000,000 each occurrence and $2,000,000 aggregate for bodily injury and property
damage. It shall include premises and operations, independent contractors, products and
completed operations, personal injury liability, and contractual liability coverage for the
defense, indemnity, and hold harmless obligations provided under this Agreement;

If requested, each party shall furnish acceptable insurance certificates to the other, evidencing each
party’s insurance coverage.

For the duration of this Agreement, it is mutually understood and agreed by each party that School
District is a member of a risk management poo! for schools.

CWU, an agency of the State of Washington, warrants that it is self-insured against liability claims
in accordance with the risk management and tort claims statutes, including RCW 4.92 and RCW
43.19. The tort claims procedure, RCW 4.92.100 et seq., provides the fundamental remedy for all
tort liability claims against CWU and its officers, employees, and agents acting as such and all such
claims must be filed and processed as provided therein.

11. Confidentiality. Both parties acknowledge the obligations for maintaining the confidentiality of
student records and access to the parents/guardian and students of such records. Parties will confer

12


Docusign Envelope ID: 4FB6565B-EA02-4841-A543-85EAD0888E51

and agree to the content of any official announcements regarding this Agreement, its contents,
objectives and results in accordance with the Family Educational Rights and Privacy Act (FERPA).

12. Student Enrollment Eligibility for College in the High School will be determined by the
university's pre-requisites. Student/school eligibility for the state subsidy is between the School
District and the Office of Superintendent of Public Instruction.

13. Assignment/Binding Effect. Performance of any or all aspects of this Agreement may not be
assigned without written authorization by the other party. Likewise, neither party may assign their
respective rights to any claims or actions arising out of or relating to this Agreement without written
authorization.

14. Integration/Modification. This Agreement constitutes the entire and exclusive Agreement
between the parties regarding this matter and no deviations from its terms shall be allowed unless a
formal, written, mutual agreement occurs between the parties.

15. Waiver of Breach. No waiver of any breach of any term of this Agreement shall be construed,
nor shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless it is
in writing and signed by the party waiving the breach.

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

17, Governing Law/Venue. The terms of this Agreement shall be governed by the laws of the State
of Washington. In the event that legal action is commenced to resolve a dispute arising out of this
Agreement, the venue of such action shall be in Kittitas County, Washington.

18. Authority to Sign and Obligate. The undersigned represent and warrant that they are authorized

to enter into this Agreement on behalf of the parties.

Agreed to by Central Washington University and

washougal School District
DATED this 7%" day of _ June 20 24
washougal SCHOOL DISTRICT:
Aaron Hansen Date: 8/13/2024

Superintendent or designee Printed Name

13


Docusign Envelope ID: 4FB6565B-EA02-4841-A543-85FAD0888E51

DocuSigned by:

flarou. Hansen

Superintendent or designee Signature
aaron. hansen@washougalsd.org

Superintendent or designee email address

CENTRAL WASHINGTON UNIVERSITY:

DocuSigned by:

Le Carrigan. Dat

Kyle Carrigan,
Director of Concurrent Enrollment

AAG 03.25.2024

=. 8/13/2024

14


Certificate Of Completion:

Envelope Id: 4FB6565BEA024841 A54385EADO888ES1

Subject: CWU & School District Interlocal Agreement for College in the High School
Source Envelope:

Document Pages: 15
Certificate Pages: 5

AutoNav: Enabled

Envelopeld Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time ““_ & vara)

Signatures: 2
Initials: 6

Record Tracking -

Status: Original
6/7/2024 1:27:08 PM

Holder: Kyle Carrigan
Kyle.Carrigan@cwu.edu
Signer Events.
Aaron Hansen
aaron.hansen@ washougalsd.org

Interim Superintendent

Security Level: Email, Account Authentication
{None)

DocuSigned by:
Boron Hanser

G1RQADGICFESK6...

Signature Adoption: Pre-selected Style
Using IP Address: 207.180.123.148

Electronic Record and Signature Disclosure:
Accepted: 8/43/2024 10:29:11 AM
ID: ec55e202-f9c1 -4a2c-87ac-3356i2 147 cea

le Lavy hy:

if arr

Signature Adoption: Pre-selecied Style
Using IP Address: 72.233.211.165

Kyle Carrigan
kyle.carrigan@cwu.edu

Director of Concurrent Enrollment
Central Washington University

Security Level: Email, Account Authentication
(None)

Electronic Record and Signature Disclosure:
Noj Offered via DocuSign

Brittany Cinderella
brittany.cinderetla@ cwu.edu

Security Level: Email, Account Authentication
(None)

Electronic Record and Signature Disclosure:
Not Offered via DocuSign

Notary Events Signature

COPIED

a inaiuiiae

Docusign

Status: Completed

Envelope Originator:

Kyle Carrigan
Kyle.Carrigan@cwu.edu

IP Address: 72.233.211.165

Location: DocuSign

Timestamp.

Sent: 6/7/2024 1:27:40 PM
Resent: 7/23/2024 8:51:19 AM
Resent: 8/5/2024 8:12:44 AM
Resent: 8/8/2024 11:32:20 AM
Resent: 8/43/2024 9:41:59 AM
Viewed: 8/13/2024 10:29:11 AM
Signed: 8/13/2024 10:34:01 AM

Sent: 8/43/2024 10:34:03 AM
Viewed: 8/13/2024 10:34:35 AM
Signed: 8/13/2024 10:34:53 AM

Timestamp a se oo oo

Sent: 8/13/2024 10:34:55 AM

Timestamp

‘Timestamp a



Envelope Summary Events.

Envelope Sent
Envelope Updaied
Envelope Updated
Envetope Updated
Certified Delivered
Signing Complete
Completed

Payment Events © 22

Electronic Record and Signature Disclosure

~ Status ©. . eA
Hashed/Encrypted

Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked

~~. Timestamps:
6/7/2024 1:27:40 PM

8/5/2024 8:12:43 AM
8/5/2024 8:12:43 AM
8/5/2024 8:12:43 AM
8/13/2024 10:34:35 AM
8/13/2024 10:34:53 AM
8/13/2024 10:34:55 AM



Electronic Record and Signature Disclosure created on: 9/15/2022 1:53:24 PM
Parties agreed to: Aaron Hansen

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, Central Washington University (we, us or Company) may be required by law
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You may contact us to let us know of your changes as to how we may contact you electronically,
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To inform us that you no longer wish to receive future notices and disclosures in electronic
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e Until or unless you notify Central Washington University as described above, you
consent to receive exclusively through electronic means all notices, disclosures,
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or made available to you by Central Washington University during the course of your
relationship with Central Washington University.


Docusign Envelope ID; 4-R6565B-EA02-4841-A543-85EAD0888E51

Attachment A

The Washougal School District is approved to offer the following Central Washington
University Courses:

; MATH 154, MATH 172, MATH 173, MATH 211
Blaesing, Jason

Reilly, Kevin MATH 153, MATH 154


WW

Vv

EOCF Educational Opportunities for Children and Families

connect | empower | transform Visit us on the web: www. eocfwa.org

EMERGENCY USE AGREEMENT - Alternate Site

between

Hathaway Elementary School
(alternate site provider name)

620 24'" St. Washougal, WA 98607

(address)
and
Educational Opportunities for Children and Families (EOQCF)
17800 SE Mill Plain Blvd., Suite 150, Vancouver, WA 98683-7588
Hathaway Early Learning Classroom

In the portables at Hathaway Elementary School (portable C/D)
(site name and address)

The general purpose of this agreement is to provide temporary shelter, in the event of an emergency situation for an
early childhood population (0-3 and / or 3-5 years old) under care of Educational Opportunities for Children and
Families agency (hereafter known as EOCF),.

In consideration of the promises and conditions contained herein, the emergency service provider,

Hathaway Elementary School and EOCF de mutually agree as follows:
(alternate site provider name)

1. EOCF recognizes the fact that a disaster or emergency situation may require

Hathaway Elementary School

(alternate site provider name)

such an event, the first priority shall be to provide shelter

to

to provide shelter for children and staff of EOCF. In

Hathaway Elementary School staff.

(alternate site provider name)

2. The need for such shelter shall be declared by a fire department officer or administrator of EOCF, who will! call

to

arrange for temporary shelter.

Upon notification from EOCF for the needed sheltering and

3. if

Hathaway Elementary School
(alternate site provider name)'s

needs requiring shelter have previously been met, will provide the appropriate amount of shelter, as requested

by
EOCF, at Hathaway Elementary School, 620 24 Street Washougal, WA 98671
(alternate site provider), (site, and location and phone number)
4. It shall be the responsibility and privilege of Hathaway Elementary School designee to determine

(alternate site provider's name)

the area to be used by EOCF

on

5. Hathaway Elementary School

Hathaway Elementary School premises.
(alternate site provider's name)

(alternate site provider name's)

will not be responsible for providing any form of transportation of EOCF

individuals to or from the shelter location unless prior arrangements have been communicated by both parties.

EOCF shall be responsible for all costs involved in the use of the facility for sheltering, including utility costs

6. and

EOCF shall not discriminate in its staff, hiring practices, board, volunteers, volunteer committees, or recipients of any service on the basis of a person's race,
color, religion, Sex, sexual orientation, age, national origin, marital status, veteran status, mental, physical, or sensory disability, or any other status not listed,

as protected by state and/or federal law.

17800 SE Mill Plain Blvd, Suite 150, Vancouver, WA 98683 2611 Pacific Ave. N « Long Beach, WA 98631
(360) 896-9912 » Fax: (360) 892-3209 (360) 642-6471 » Fax: (360) 642-5473

4-63 (Rev 06/28/2022)

1of 2


My EOCF Educational Opportunities for Children and Families
Vv 3

connect | empower | transform Visit us on the web: www.eocfwa.org

other incidental expenses.
7. EQOCF shall be responsible for the supervision of EOCF staff and children on site.
8. EOCF shail be responsible for any damages that result from negligence by EOCF staff and children.

HOLD HARMLESS AGREEMENT: EOCF agrees and covenants to indemnify, defend, and save harmless

Hathaway Elementary School and those persons who were, are now, or shall be duly elected or appointed
(alternate site provider's name)

officials or members or employees thereof, against and from any !oss, damage, cost, charge, expense, liability claim,
demand, or judgment, of whatsoever kind of nature whether to persons or property arising wholly or partially out of any

act, action, neglect, omission or default on the part of EOCF, its subcontractors, employees, and/or children except for
such injury or damages as shall have been caused by the result of sole negligence Hathaway Elementary
of School

(alternate site provider name}

This agreement may be terminated by either party upon thirty (30) days written notice.

This agreement shall remain in effect for a period of one (1) year with the effective date

of, September 1, 2024 °
and may be renewed annually upon written request by EOCF. Such written request should be directed to:

Hathaway Elementary School

(alternate site provider designee)

620 24" Street, Washougal, WA 98671

{address)
Signature - alternate site provider designee Signaturé — Facilities and Maintenance Operations Manager
and/or designee
~
LZ. 4A Ser
Print name Print name
° Troteds whasi uss Sore 2 Mynins
ae er ~periutendeS ZO - = :
Title Title
6/27/24 L/27/24
Date Date
Distribution: Original to Business Services and Contracts Manager

Copy to Alternate site Provider
Copy to Classroom

EOCF shall not discriminate in its staff, hiring practices, board, volunteers, volunteer committees, or recipients of any service on the basis of a person's race,
color, religion, sex, sexual onentation, age, national origin, mantal status, veteran Status, mental, physical, or sensory disability, or any other status not fisted
a8 protected by state and/or federal law.

17800 SE Mill Plain Blvd, Suite 150, Vancouver, WA 98683 2611 Pacific Ave. N » Long Beach, WA 98631
(360) 896-9912 » Fax: (360) 892-3209 (360) 642-5471 » Fax: (360) 642-5473

A-63 (Rev 06/28/2022)
20f2


Interagency Agreement for Preschool Activities
Including Special Education

School Year S)

Between

» WASHOUGAL SCHOOL DISTRICT. ree
“4855 Evergreen Way 7

~ Washougal, WA. 98671.
- 360-954-3000 | ae
(Hereinafter referred to as the DISTRICT)

And

EDUCATIONAL OPPORTUNITIES FOR CHILDREN & FAMILIES
17800 SE Mill Plain Blvd Ste 150
Vancouver, WA 98683-7588
360-896-9912
(Hereinafter referred to as EOCF)

The general purpose of the Agreement is to provide communication and support to all EOCF
children to support transition information and for early intervention education and therapy
services to children with developmental delays ages three-to-five years within the District
boundaries as allowed by RCW 28A.310.180, and EOCF Policies and Procedures for the 2024-
scl ear. In consideration of the promises and conditions contained herein, the EOCF
and the DISTRICT do mutually agree as follows:

0.0 GENERAL PROVISIONS

0.1 All staff for the program identified in Section 2.0 of this agreement shall be
employed by and shall be subject to the policies, rules and regulations of the Board
of Directors of EOCF.

0.2 EOCF shall maintain general liability coverage in the amount of at least one million
($1,000,000) dollars.

0.3 EOCF and the DISTRICT agree to work cooperatively to meet the needs of special
education eligible preschool students.

0.4 Agrees to jointly reevaluate the agreement at the annual Spring meeting to ensure
that all parties involved are satisfied with the current agreement and as applicable
develop an Agreement to further strengthen the collaboration efforts when EOCF
serves children that reside within the DISTRICT boundaries.

1.0 RESPONSIBILITIES OF THE DISTRICT

1.1. Work in partnership with parents(s) and EOCF to jointly develop and implement an
appropriate IEP for eligible DISTRICT students who will continue to participate in
the EOCF/Head Starl/ECEAP Program specifically identifying services to be
provided by the DISTRICT and/or EOCF in accordance with Sections 1.2 and 2.3
of this Agreement.


Educational Opportunities for Children & Families
Three-to-Five-Year-Old Agreement

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

1.10

Page 2

Provide for eligible DISTRICT children, who are enrolled in the EOCF Head
StarVECEAP Program, special education consultative services. Those services
include: referral, assessment, participation in staffing’s, development and revision
of IEPs, placement, transition, instructiona! consultation, technical assistance for
the regular classroom teacher, and other meetings as appropriate.

Act as liaison between EOCF and families when a child is referred to special
education in the DISTRICT.

As determined through jointly developed IEPs, for students whose service(s) are
provided in whole or part by EOCF, the DISTRICT will design, monitor, and
evaluate the provision of specially designed instruction utilizing the “Record of
Progress Monitoring and Evaluation of Specially Designed Instruction” form to be
made available to EOCF.

Review files for eligibility as designated by Chapter 392-172, WAC.

Will share student educational information, induding assessment results, with
parent/guardian consent, necessary to facilitate the delivery of appropriate
educational services to students participating in the DISTRICT and/or EOCF
programs.

Agrees to collaborate with EOCF staff to provide transition information to all
families within the DISTRICT when available. This may include kindergarten
screening opportunities, classroom visitations, and kindergarten open house
events availabie to children, parents and EOCF staff. The DISTRICT agrees to act
as primary liaison for transition information.

Agrees to make every effort to enroll eligible special education students in the least
restrictive environment according to the child’s |EP who are referred from the
EQOCF program.

Agrees to work cooperatively with EOCF to allow opportunities, as space and
program requirements permit, for EOCF students; ages 3 to 5 to access the
DISTRICT special education preschool programs for purposes of integration and
reverse mainstreaming.

Agrees to invite EOCF staff through the Resource & Referral/Disability Services
Department to Eligibility and IEP meetings for children enrolled in EQCF who
resides in the District boundaries.

1.11 Agrees to share assessment results and/or reports of children enrolled in EOCF

programs when appropriate to EOCF staff.

1.12 Agrees to provide written updated information in response to EOCF’s monthly

1.13

reports to the District, on children who have been referred from EOCF, or children
with Individualized Education Plans (IEP) enrolled in EOCF, and who reside within
the District’s boundaries.

With parental consent, agrees to allow EOCF staff to visit their classrooms, by
arrangement, to observe children who are dually enrolled.

EOCF Interagency Agreement for Preschool Activities including Special Education 09/01/24-08/3 1/25.
Revised May 2024


Educational Opportunities for Children & Families
Three-to-Five-Year-Old Agreement

Page 3

1.14 Agrees to invite EOCF staff and parents to in-services, workshops, and/or seminars

4.15
1.16

1.17

related to Special Education, based on space availability.
Include EOCF staff on the shared sites in the district sponsored safety drills.
Make best effort to provide notification of building and district sponsored drills.

Provide EOCF site administrator a copy of the school administrator emergency
procedures checklists and staff emergency guides.

2.0 RESPONSIBILITIES OF EOCF

2.1

2.2

2.3

2.4

2.5

2.6

2.7

2.8

2.9

2.10

Provide comprehensive child find screening to children who reside in
The DISTRICT boundaries and who are enrolled in EOCF programs.

With parental consent, agrees to make every effort to refer children with suspected
delays or disabilities to the DISTRICT in a timely manner. EOCF will provide child
find screening information for these referrals.

Work in partnership with parents(s) and the DISTRICT to jointly develop and
implement an appropriate IEP for eligible DISTRICT students who will continue to
participate in the EOCF/Head StartfECEAP Program specifically identifying
services to be provided by the DISTRICT and/or EOCF.

Work cooperatively with the DISTRICT to allow opportunities for special education
student's ages 3 to 5 to access EOCF programs for purposes of mainstreaming
and integration.

Share student educational information, with parent/guardian consent, necessary to
facilitate the delivery of appropriate educational services to students dually
participating in the DISTRICT and EOCF programs.

For students enrolled in EOCF and receiving consuitative special education service
or speech and language services from the DISTRICT, EOCF will provide records in
conformance with consent to exchange information form signed by the
parent/guardian.

Agrees to provide an EOCF representative at appropriate DISTRICT meetings
upon invitation from the DISTRICT and parent consent.

Agrees to invite the District staff, when appropriate to Special Education Multi-
Disciplinary Team (MDT) meetings.

With parental consent, agrees to allow the DISTRICT staff to visit their classrooms
to observe children who are dually enrolled for further screening or assessments.

Agrees to invite the DISTRICT staff and parents to in-services, workshops, and/or
seminars related to Special Education, based on space availability.

EOCF Interagency Agreement for Preschool Activities including Special Education 09/01/24-08/3 1/25,
Revised May 2024


Educational Opportunities for Children & Families
Three-to-Five-Year-Old Agreement

3.0

Page 4

2.11 Agrees to provide monthly reports to the DISTRICT, during the school year on
children who have been referred from EOCF, or children with Individualized
Education Plans (IEP) enrolled in EOCF and who reside within the DISTRICTs
boundaries.

2.12 Provide input into the update of the building/site comprehensive emergency plan to
include key roles in keeping Head Start classrooms safe piaces to learn and work.

2.13 Train staff on standardized emergency procedures for evacuation, lockdown,
shelter in place, tomado, and earthquake.

2.14 Participate in monthly emergency drilis conducted by the building and provide
feedback to the emergency team on the effectiveness of Head Starts response
during the drii.

INDEMNIFICATION

The DISTRICT agrees to indemnify and hold harmless the EOCF, its officers, agents
and employees from any and all claims and losses resulting from the DISTRICT’s
performance of this Agreement, and from any and all claims and losses resulting to any
person who may be injured or damaged by the actions and/or conduct of the employees
or agents of the DISTRICT.

The EOCF agrees to indemnify and hold harmiess the DISTRICT, its officers, agents
and employees from any and all claims and losses resulting from the EOCF’s
performance of this Agreement, and from any and all claims and losses resulting to any
person who may be injured or damaged by the actions and/or conduct of the employees
or agents of the EOCF.

4.0 TERMINATION FOR BREACH

5.0

6.0

4,1 If either party is dissatisfied with the efforts made by the other party to comply with
the terms and conditions of this Agreement, the parties will meet in an effort to
resolve issues prior to considering termination of this Agreement.

4,2 |f either party fails to comply with the terms and conditions of this Agreement, the
other party, upon 30 days prior written notice to the breaching party, may terminate
this Agreement.

WHOLE AGREEMENT

The parties acknowledge that they have read and understand this Agreement, including
any supplements or attachments thereto, and do agree thereto in every particular. The
parties further agree that this Agreement, together with all appendices, constitutes the
entire agreement between the parties and supersedes all communications, written or
oral, heretofore related to the subject matter of this Agreement. This Agreement may be
modified or amended in writing with the mutual consent of the parties.

EMPLOYMENT REPRESENTATION

EOCF Interagency Agreement for Preschool Activilies including Special Education 09/01/24-08/3 1/25.
Revised May 2024


Educational Opportunities for Children & Families
Three-to-Five-Year-Old Agreement

7.0

8.0

9.0

10.0

Page 5

During the term of this Agreement, an employee(s) of the DISTIRICT or EOCF, a
volunteer(s), a college student(s), or a student teacher(s) may have contact with public
school children and EOCF children. Therefore, the DISTRICT and EOCF shall not
permit unsupervised access to the DISTRICT or EOCF children by an employee(s),
volunteer(s), a college student(s), or student teacher(s) who have pled guilty or been
convicted of any felony crime involving the physical neglect, injury, death or sexual
abuse or exploitation of a minor. Failure of the DISTRICT or EOCF to comply with this
section shall be grounds for either party to immediately terminate this contract.

HEADINGS

The section headings in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be
deemed to, limit or extend the scope or intent of the sections to which they appertain.

APPLICABLE LAW

This Agreement shall be governed by federal law and the laws of the State of
Washington.

DISPUTE RESOLUTION

The DISTRICT and EOCF agree to negotiate in good faith to resolve ail disputes arising
under the articles of this Agreement. If negotiation between these parties fails to resolve
any such dispute to the satisfaction of both parties, then the issue shall be resolved
through binding arbitration. Both parties shall agree to the selection of the arbitrator.
The non-prevailing party shall be responsible for any costs for the services of the
arbitrator. The decision of the arbitrator shall be final and binding on the parties hereto.

WAIVER AND SEVERABILITY

No provision of this Agreement or the right to receive reasonable performance of any act
Called for by its terms shall be deemed waived by a waiver of a breach thereof as to a
particular transaction or occurrence.

If any terms or conditions of this Agreement or application thereof to any person or
circumstance are held invalid, such invalidity shall not affect other terms, conditions, or
applications of the Agreement, which can be given effect without the invalid term,
condition, or application; to this end, the terms and conditions of this Agreement are
declared severable.

EFFECTIVE DATE AND DURATION

This Agreeme
31,2025 (2s

nt shall commence on September d shali. terminate on August -

EOCF Interagency Agreement for Preschool Activities including Special Education 09/01/24-08/3 1/25.
Revised May 2024


Educational Opportunities for Children & Families
Three-to-Five-Year-Old Agreement
Page 6

IN WITNESS WHEREOF, the EOCF and the DISTRICT have executed this Agreement
consisting of six (6) pages.

EDUCATIONAL OPPORTUNITIES FOR 'WASHOUGAL SCHOOL DISTRICT...
CHILDREN AND FAMILIES PE as nl en NE Seg On ne es

Chief Executive Officer/or EOCF Designee Superintepé
Laura Mason, Projects and Business {/

Services Manager la-, fompbledan Supern te Joo

Print Name and Title Print Name and Title

6-28-24 O
we 2.51 2%
Date Date

EOCF Interagency Agreement for Preschool Activities including Special Education 09/01/24-08/3 1/25.
Revised May 2024