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KMH%20Seq%20and%20Shield%20Contracts%2024-25%20for%20Board%207%2011%2024.pdf

Document typecontract
Date2024-11-07
Source URLhttps://go.boarddocs.com/wa/wabrsd/Board.nsf/files/D6LJDL4CB098/$file/KMH%20Seq%20and%20Shield%20Contracts%2024-25%20for%20Board%207%2011%2024.pdf
Entitybremerton_school_district (Kitsap Co., WA)
Entity URLhttps://www.bremertonschools.org
Raw filenameKMH%20Seq%20and%20Shield%20Contracts%2024-25%20for%20Board%207%2011%2024.pdf
Stored filename2024-11-07-kmhseqandshieldsforboard-contract.txt

Parent document: Regular School Board Meeting 5_00 pm-07-11-2024.pdf

Text

Agreement for KMHS Program Services- Mountain View

Middle School Shield

THIS AGREEMENT is made and entered into by and between the Bremerton School District,
a common school district organized under Title 28A RCW, (hereinafter, “District’) and Kitsap
Mental Health Services, a 501(c)(3) not-for-profit organization, (hereinafter, “KMHS’),
collectively the Parties.

RECITALS

KMHS provides mental and behavioral health services to children and families within
Kitsap County.

The Parties have worked collaboratively under a contract for Program Services for
more than ten years.

The District seeks additional therapeutic support at Mountain View Middle School: in
the “behavior program” and throughout the middle school building (hereinafter, “the
School”) operating during the Bremerton School calendar and have KMHS staff
provide behavioral health services for students enrolled at the school.

The Parties agree that certain clarifications are necessary to ensure clarity of the
roles and responsibilities of each Party.

AGREEMENT

1. District’s Duties.

The District will provide:

A.

The facility space for the School, including all school supplies (including a locking file
cabinet), materials, and a confidential space for the KMHS therapist to provide
therapeutic services.

All other academic and support staff necessary for the School to remain in operation.

Maintenance of the facility including all utilities. In addition, the District shall be
responsible for all costs of repair to any District facilities.

A school liaison to support coordination of services between BSD and KMHS.
Transportation of students to and from the School.

Coordination with KMHS staff regarding daily activities at the School, including
academics, assessments, and testing.

. Access for the KMHS therapist to district internet services and Skyward.


H. For purposes of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C.
1232(g), the District shall serve as the custodian of all documentation generated in
performance of this agreement and meeting the definition of “education record.”

2. KMHS’s Duties.

A. KMHS shall be responsible for employing, directing, and supervising staff to support
the School including one Master’s level Child Mental Health Specialist (CMHS) and a
.10 FTE Clinical Supervisor.

i)

For all KMHS employees and volunteers participating in the operation of the
School, KMHS will require a record check through the Washington State Patrol
criminal investigation system under RCW 43.43.830-43.43.834, 10.97.030 and
10.97.050, and through the Federal Bureau of Investigation. The record check
shall include a fingerprint check using a complete Washington State criminal
identification fingerprint card or electronic equivalent, if available. KMHS shall
pay for the requirements set forth in this subsection.

In accordance with RCW 28A.400.330, KMHS shail prohibit any employee or
volunteer from working at the School who 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 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation
of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or
violation of similar laws of another jurisdiction. Any failure to comply with this
section shall be grounds for the school district immediately terminating the
contract.

B. The staff employed by KMHS will work collaboratively with the District and its
employees to ensure successful implementation of the school, and per this contract
shall provide the following services to any student enrolled at the School, regardless
of that student’s insurance, diagnosis, or monetary situation.

i)

The Clinical Supervisor will:

i. Provide consultation, education, and training as needed to KMHS staff or
school district personnel regarding classroom programs, clinical issues
related to students and families with emotional troubles, or issues related
to continuity of care;

ii. Provide clinical direction to KMHS staff;

iii. Participate in the monitoring of progress of students and to flex and adapt
treatment to match the emerging clinical picture;

iv. Provide administrative support to the School as requested by the District;
and


V.

Clinical supervisor will also be able to provide any of the below additional
services.

ii) The Master’s level CMHS will:

vi.

vii.

viii.

Meet with referred students to assess needs and make appropriate
referrals as needed including but not limited to: primary care doctor,
outpatient mental health counseling, wraparound intensive services, and
substance abuse treatment;

Provide brief intervention, crisis intervention, and trauma support as
necessary;

Provide in-school voluntary family, individual, and group counseling as
indicated depending on needs of the student. The counseling techniques
will include Cognitive Behavioral Therapy (CBT), which has been shown
to reduce symptoms of anxiety and depression and builds emotional
regulations skills in children and Motivational Interviewing; and

Collaborate with school district personnel to implement plans to support
students.

Participate in interventions as necessary to encourage students to follow
the School expectations. Identify issues which impede the student’s
successful social and emotional behavior and assist in creating plans that
address these issues;

Provide immediate, therapeutic crisis interventions as necessary;

Provide one-to-one interventions for students in the School as necessary.
This may include supporting students transitioning into other schools
within the District;

Partner with the families of students enrolled in the School as necessary.
Help families learn skills to assist the student outside of school, build a
stronger relationship with the school system, and access appropriate
resources for their student. This may include conducting family meetings,
providing outreach to family homes, coordinating with other systems,
helping connect the family with resources or services; or providing
students and families additional information on community resources they
can access for additional services outside of the School:

As needed, organize and implement social skills and therapeutic groups
with the students enrolled at the School; and

Provide guidance/coaching to school faculty as requested by the District,
related to students at the School. This may include classroom
observations, faculty presentations and participation in family staffing or
multidisciplinary team meetings.


iii) KMHS staff will maintain all documentation as expected by the District.

C. Additionally, KMHS shall:

i) Comply with all applicable laws and regulations in the operation of the School
and performance of its obligations under this Agreement.

ii) Keep the District informed regarding status and operation of the School, and
respond promptly to District requests for information regarding the same.

3. Agreement Representatives.

The District and KMHS will each designate a representative regarding this Agreement,
and such representative may be updated by providing written notice to the other party.
The parties’ representatives are as follows:

District Representative: Eel Sy ir! Chol
Bremerton\School District -
134 Marion Avenue N

Bremerton, WA 98312
Phone: 360-473-1000

KMHS Representative: Chris Borer, School Program Manager
Kitsap Mental Health Services
5455 Almira Drive NE
Bremerton, WA 98311
Phone: 360-415-5845

4. Effective Date.

This Agreement shall be in effect from September 1, 2024 and will expire on August
31, 2025, such period to be known as the contract year. KMHS staff will provide
services to the School for 180 school days of regular school year in a 12-month school
year.

5. Compensation and Renewal Election.

The total amount under this Agreement shall not exceed $121,852.02 for the contract
year. For each month, KMHS will submit an invoice in accordance with the following
table for positions that are filled during the month, with the payment calculated based on
two periods during the month of equal periods. A position will be considered filled if a
KMHS employee is working in the position anytime during each half month period.
KMHS will submit an invoice to the District by the 15" of the month following service
provision. The District will issue payment within 30 days of receipt of invoice.


First Half of Second Half Maximum

Monthly Total
Per Position

Position Month of Month Contract Total
Child Mental Health Specialist $3,933.85 $3,933.85 $7,867.70 $94,412.44

Supervisor $752.76
Base Monthly Cost $390.55
Maximum Invoice Amount LL $5,077.17

$752.76
$390.55
$5,077.17

$1,505.53
$781.10
$10,154.34

This Agreement can be extended for additional one-year periods, at the option of the
Parties. The Parties will confirm their intent to continue the Agreement in writing by
March 31 of each subsequent year. KMHS and the District agree that contract rates may
increase in subsequent contract years. KMHS will make reasonable efforts to provide
estimated contract increase by February 15, 2025 for the contract period running from
September 1, 2025 through August 31, 2026. Contract increases result from increases
in operating costs expected for each year.

$18,066.35
$9,373.23
$121,852.02

6. Relationship of the Parties.

The parties intend that an independent contractor relationship will be created by the
Agreement. No agent, employee, or representative of KMHS shall be deemed to be an
agent, employee, or representative of the District for any purpose, and the employees of
KMHS are not entitled to any of the benefits the District provides for its employees.
KMHS will be solely and entirely responsible for its acts and for the acts of its agents,
employees, or representatives during the performance of this Agreement. The parties
agree that this Agreement is solely for the benefit of the parties hereto and conveys no
right to any other party.

7. Confidentiality.

KMHS and its employees, subcontractors, and their employees will maintain the
confidentiality of all information provided by the District or acquired in performance of
this Agreement as required by HIPAA, FERPA, and other pertinent privacy laws.

8. Insurance.

Each party shall maintain professional and general liability and errors and omissions
coverage with limits of not less than $1 million per occurrence.

9. Indemnification.

Each party shall hold harmless, indemnify and defend the other party, its officers,
officials, employees, volunteers, and agents from and against any and all claims,
actions, suits, liability, loss expenses, damages and judgments of any nature whatsoever
including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness,
disability or death to persons or damage to property or business, caused by or arising
out of each party's acts, errors or omissions in the performance of this Agreement. Each
party’s obligation under this provision will not extend to injury, sickness, disability, death
or damage caused by or arising out of the negligence of the other party, its officers,
officials, employees, or agents.

5


10. Non-discrimination.

It is the policy of KMHS to employ persons on the basis of experience, training and
merit. Each party agrees that, in the performance of the Agreement, it shall not illegally
discriminate against any client, employee, or applicant for employment or for services on
the basis of race, creed, religion, color, national origin, marital status, gender, ancestry,
age, sexual orientation, sensory, physical or mental disability, membership in the military
or veteran status, HIV/AIDS or Hepatitis C status or the use of a trained dog guide or
service animal, except as necessary to meet a bonafide occupational qualification.

11. Disputes.

Before proceeding to any lawsuit, the parties will seek to negotiate any disputes between
appropriate representatives of each party. If disputes cannot be solved with negotiation,
the parties will proceed to mandatory mediation to resolve any disputes, the terms of
such mediation to be decided mutually by the parties. If the parties cannot mutually
agree to a resolution in mediation, any judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of
the courts of competent jurisdiction in Kitsap County, Washington. The prevailing party
in any such action shall be entitled to an award of reasonable attorney’s fees and other
costs incurred in such action.

12. Entire Agreement.

This Agreement represents the entire agreement between the parties. No change,
modification, termination or attempted waiver of any of the provisions of this Agreement
shall be binding on either party except by means of a signed writing by authorized
representatives of each party. This Agreement will not be modified, supplemented or
otherwise affected by the course of dealing between the parties. Failure by either party
to enforce any provision of this Agreement or to declare a breach shall not constitute
waiver thereof, nor shall it impair any party’s right to demand strict compliance and
performance of that or any other provision of this Agreement at any time thereafter.

13. Term and termination.

This Agreement shall be effective until terminated by either party upon thirty (30) days
written notice to the other party. Notwithstanding the foregoing, this Agreement may be
terminated immediately by either party upon material breach of any provision of this
Agreement by the other party.


KITSAP MENTAL HEALTH SERVICES

Monica Bernhard

B3A6B7FECE5E75BE4E48319A8B285CF5. contractwarks
Monica Bernhard, Chief Executive Officer

05/28/2024
Date

BREMERTON SCHOOL DISTRICT

Dr. James Crawford, Superintendent

Date


Agreement for KMHS Program Services- Bremerton High

School Shield

THIS AGREEMENT is made and entered into by and between the Bremerton School District,
a common school district organized under Title 28A RCW, (hereinafter, “District’) and Kitsap
Mental Health Services, a 501(c)(3) not-for-profit organization, (hereinafter, “KMHS’),
collectively the Parties.

RECITALS

KMHS provides mental and behavioral health services to children and families within
Kitsap County.

The Parties have worked collaboratively under a contract for Program Services for
more than ten years.

. The District seeks additional therapeutic support at Bremerton High School: in the

“behavior program” and throughout the high school building (hereinafter, “the
School’) operating during the Bremerton School calendar and have KMHS staff
provide behavioral health services for students enrolled at the school.

. The Parties agree that certain clarifications are necessary to ensure clarity of the

roles and responsibilities of each Party.

AGREEMENT

1. District’s Duties.

The District will provide:

A.

The facility space for the School, including all school supplies (including a locking file
cabinet), materials, and a confidential space for the KMHS therapist to provide
therapeutic services.

. All other academic and support staff necessary for the School to remain in operation.

. Maintenance of the facility including all utilities. In addition, the District shall be

responsible for all costs of repair to any District facilities.

. Aschool liaison to support coordination of services between BSD and KMHS.

Transportation of students to and from the School.

Coordination with KMHS staff regarding daily activities at the School, including
academics, assessments, and testing.

. Access for the KMHS therapist to district internet services and Skyward.


H. For purposes of the Family Education Rights and Privacy Act (FERPA), 20 U.S.C.
1232(g), the District shall serve as the custodian of all documentation generated in
performance of this agreement and meeting the definition of “education record.”

2. KMHS’s Duties.

A. KMHS shall be responsible for employing, directing, and supervising staff to support
the School including one Master's level Child Mental Health Specialist (CMHS) and a
.10 FTE Clinical Supervisor.

i)

For all KMHS employees and volunteers participating in the operation of the
School, KMHS will require a record check through the Washington State Patrol
criminal investigation system under RCW 43.43.830-43.43.834, 10.97.030 and
10.97.050, and through the Federal Bureau of Investigation. The record check
shall include a fingerprint check using a complete Washington State criminal
identification fingerprint card or electronic equivalent, if available. KMHS shall
pay for the requirements set forth in this subsection.

In accordance with RCW 28A.400.330, KMHS shall prohibit any employee or
volunteer from working at the School who 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 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation
of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or
violation of similar laws of another jurisdiction. Any failure to comply with this
section shall be grounds for the school district immediately terminating the
contract.

B. The staff employed by KMHS will work collaboratively with the District and its
employees to ensure successful implementation of the school, and per this contract
shall provide the following services to any student enrolled at the School, regardless
of that student's insurance, diagnosis, or monetary situation.

i)

The Clinical Supervisor will:

i. Provide consultation, education, and training as needed to KMHS staff or
school district personnel regarding classroom programs, clinical issues
related to students and families with emotional troubles, or issues related
to continuity of care;

ii. Provide clinical direction to KMHS staff;

iii. Participate in the monitoring of progress of students and to flex and adapt
treatment to match the emerging clinical picture;

iv. Provide administrative support to the School as requested by the District;
and


Vv.

Clinical supervisor will also be able to provide any of the below additional
services.

ii) The Master's level CMHS will:

vi.

Vil.

Vil.

Meet with referred students to assess needs and make appropriate
referrals as needed including but not limited to: primary care doctor,
outpatient mental health counseling, wraparound intensive services, and
substance abuse treatment;

Provide brief intervention, crisis intervention, and trauma support as
necessary;

Provide in-school voluntary family, individual, and group counseling as
indicated depending on needs of the student. The counseling techniques
will include Cognitive Behavioral Therapy (CBT), which has been shown
to reduce symptoms of anxiety and depression and builds emotional
regulations skills in children and Motivational Interviewing; and

Collaborate with school district personnel to implement plans to support
students.

Participate in interventions as necessary to encourage students to follow
the School expectations. Identify issues which impede the student’s
successful social and emotional behavior and assist in creating plans that
address these issues;

Provide immediate, therapeutic crisis interventions as necessary;

Provide one-to-one interventions for students in the School as necessary.
This may include supporting students transitioning into other schools
within the District;

Partner with the families of students enrolled in the School as necessary.
Help families learn skills to assist the student outside of school, build a
stronger relationship with the school system, and access appropriate
resources for their student. This may include conducting family meetings,
providing outreach to family homes, coordinating with other systems,
helping connect the family with resources or services; or providing
students and families additional information on community resources they
can access for additional services outside of the School;

As needed, organize and implement social skills and therapeutic groups
with the students enrolled at the School; and

Provide guidance/coaching to school faculty as requested by the District,
related to students at the School. This may include classroom
observations, faculty presentations and participation in family staffing or
multidisciplinary team meetings.


iii) KMHS staff will maintain all documentation as expected by the District.

C. Additionally, KMHS shall:

i) Comply with all applicable laws and regulations in the operation of the School
and performance of its obligations under this Agreement.

ii) Keep the District informed regarding status and operation of the School, and
respond promptly to District requests for information regarding the same.

3. Agreement Representatives.

The District and KMHS will each designate a representative regarding this Agreement,
and such representative may be updated by providing written notice to the other party.
The parties’ representatives are as follows:

°
District Representative: Ka =e C (ea6
Bremerton ‘School District

134 Marion Avenue N
Bremerton, WA 98312
Phone: 360-473-1000

KMHS Representative: Chris Borer, School Program Manager
Kitsap Mental Health Services
5455 Almira Drive NE
Bremerton, WA 98311
Phone: 360-415-5845

4. Effective Date.

This Agreement shall be in effect from September 1, 2024 and will expire on August
31, 2025, such period to be known as the contract year. KMHS staff will provide

services to the School for 180 school days of regular school year in a 12-month school
year.

5. Compensation and Renewal Election.

The total amount under this Agreement shall not exceed $121,852.02 for the contract
year. For each month, KMHS will submit an invoice in accordance with the following
table for positions that are filled during the month, with the payment calculated based on
two periods during the month of equal periods. A position will be considered filled if a
KMHS employee is working in the position anytime during each half month period.
KMHS will submit an invoice to the District by the 15'" of the month following service
provision. The District will issue payment within 30 days of receipt of invoice.


First Half of Second Half | Monthly Total Maximum
Position Month of Month Per Position | Contract Total

Child Mental Health Specialist $3,933.85,  $3,933.85| $7,867.70] $94,412.44
ee 76 $752.76|  $1,505.53| $18,066.35

Base 2 Monthly ¢ Cost | $390.55) $390.55 $781.10 $9,373.23
$5,077.17 $5,077.17| $10,154.34] $121,852.02

This Agreement can be extended for additional one-year periods, at the option of the
Parties. The Parties will confirm their intent to continue the Agreement in writing by
March 31 of each subsequent year. KMHS and the District agree that contract rates may
increase in subsequent contract years. KMHS will make reasonable efforts to provide
estimated contract increase by February 15, 2025 for the contract period running from
September 1, 2025 through August 31, 2026. Contract increases result from increases
in operating costs expected for each year.

6. Relationship of the Parties.

The parties intend that an independent contractor relationship will be created by the
Agreement. No agent, employee, or representative of KMHS shall be deemed to be an
agent, employee, or representative of the District for any purpose, and the employees of
KMHS are not entitled to any of the benefits the District provides for its employees.
KMHS will be solely and entirely responsible for its acts and for the acts of its agents,
employees, or representatives during the performance of this Agreement. The parties
agree that this Agreement is solely for the benefit of the parties hereto and conveys no
right to any other party.

7. Confidentiality.

KMHS and its employees, subcontractors, and their employees will maintain the
confidentiality of all information provided by the District or acquired in performance of
this Agreement as required by HIPAA, FERPA, and other pertinent privacy laws.

8. Insurance.

Each party shall maintain professional and general liability and errors and omissions
coverage with limits of not less than $1 million per occurrence.

9. Indemnification.

Each party shall hold harmless, indemnify and defend the other party, its officers,
officials, employees, volunteers, and agents from and against any and all claims,

actions, suits, liability, loss expenses, damages and judgments of any nature whatsoever
including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness,
disability or death to persons or damage to property or business, caused by or arising
out of each party’s acts, errors or omissions in the performance of this Agreement. Each
party’s obligation under this provision will not extend to injury, sickness, disability, death
or damage caused by or arising out of the negligence of the other party, its officers,
officials, employees, or agents.

5


10. Non-discrimination.

It is the policy of KMHS to employ persons on the basis of experience, training and
merit. Each party agrees that, in the performance of the Agreement, it shall not illegally
discriminate against any client, employee, or applicant for employment or for services on
the basis of race, creed, religion, color, national origin, marital status, gender, ancestry,
age, sexual orientation, sensory, physical or mental disability, membership in the military
or veteran status, HIV/AIDS or Hepatitis C status or the use of a trained dog guide or
service animal, except as necessary to meet a bonafide occupational qualification.

11. Disputes.

Before proceeding to any lawsuit, the parties will seek to negotiate any disputes between
appropriate representatives of each party. If disputes cannot be solved with negotiation,
the parties will proceed to mandatory mediation to resolve any disputes, the terms of
such mediation to be decided mutually by the parties. If the parties cannot mutually
agree to a resolution in mediation, any judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of
the courts of competent jurisdiction in Kitsap County, Washington. The prevailing party
in any such action shall be entitled to an award of reasonable attorney's fees and other
costs incurred in such action.

12. Entire Agreement.

This Agreement represents the entire agreement between the parties. No change,
modification, termination or attempted waiver of any of the provisions of this Agreement
shall be binding on either party except by means of a signed writing by authorized
representatives of each party. This Agreement will not be modified, supplemented or
otherwise affected by the course of dealing between the parties. Failure by either party
to enforce any provision of this Agreement or to declare a breach shall not constitute
waiver thereof, nor shall it impair any party’s right to demand strict compliance and
performance of that or any other provision of this Agreement at any time thereafter.

13. Term and termination.

This Agreement shall be effective until terminated by either party upon thirty (30) days
written notice to the other party. Notwithstanding the foregoing, this Agreement may be
terminated immediately by either party upon material breach of any provision of this
Agreement by the other party.


KITSAP MENTAL HEALTH SERVICES

Monica Bernhard

B3A6B7FECE5E75BE4E48319A8B285CF5 contractworks
Monica Bernhard, Chief Executive Officer

05/28/2024
Date

BREMERTON SCHOOL DISTRICT

Dr. James Crawford, Superintendent

Date


Agreement for KMHS Program Services — Sequoia 15
Program

THIS AGREEMENT is made and entered into by and between the Bremerton School District,
a common school district organized under Title 28A RCW, (hereinafter, “District’) and Kitsap
Mental Health Services, a 501(c)(3) not-for-profit organization, (hereinafter, “KMHS”),
collectively the Parties.

RECITALS

A. KMHS provides mental and behavioral health services to children and families within
Kitsap County.

B. The Parties have worked collaboratively under a contract for Program Services for
more than ten years.

C. The District seeks to continue to facilitate KMHS’s provision of services (hereinafter
referred to as “Sequoia 1% Program’) for up to 10 District students at the District’s
Crownhill Elementary School (hereinafter “School’) operating during the Bremerton
School calendar.

i. If astudent spends 50% or less of their time in the Sequoia program due to
transitioning back to general education, their seat will be considered ‘open,’
allowing another student to be placed in the program. This could happen for up to
two students, resulting in a class size of 10 students ‘in seat’ and 2 students in
transition.

D. The Parties agree that certain clarifications are necessary to ensure clarity of the
roles and responsibilities of each Party.

AGREEMENT
1. District's Duties.
The District will provide:
A. Exclusive access to classroom spaces at the School suitable for operation by KMHS
of the Behavior Intervention Programs (hereinafter, “Programs”). The spaces shall
include an academic area and an emotional regulation area at Crownhill Elementary

School, all school supplies and materials.

B. Maintenance of the facility, including all utilities. In addition, the District shall be
responsible for all costs of repair to any District facilities.

C. Aschool liaison to support coordination of services between the District and KMHS.

D. A full time certified school teacher at the Sequoia Program supervised by the School
principal.


E. A full time paraeducator for the Sequoia Program supervised by the School principal
and individual paraeducators for any students requiring additional support in their
Individualized Education Plans (IEP).

F. Transportation of children to and from the classroom, including student transitions to
the student's home school.

G. Cooperation with KMHS staff in accomplishing assessments and transition plans.
Full collaboration around referrals coming into the program to include a minimum of 2
weeks between receiving a referral and the referred student starting at Sequoia.
District will follow established Bremerton School District Sequoia workflow to the
maximum extent possible; acknowledging that unique circumstances may arise that
require flexibility and administrative support.

i. Inthe event that a student outside the Bremerton School District transfers into
the school district with the existing IEP that identifies previous placement in a
"behavior program" the timeline from referral to starting in Sequoia will be
reduced to 5 school days.

2. KMHS’s Duties.

A. Except as identified above, KMHS shall be responsible for employing, directing, and
supervising all staff necessary for operation of the Sequoia 1%t Program. The
Program is a supportive therapeutic environment with individualized academics
provided by the District to serve severely behaviorally and/or emotionally disturbed
children. Staffing will include one Master’s level Child Mental Health Specialist
(CMHS), two Mental Health Behavioral Interventionists, and a .50 FTE Clinical
Supervisor.

i) For all KMHS employees and volunteers participating in the operation of the
Programs, KMHS will require a record check through the Washington State
Patrol criminal investigation system under RCW 43.43.830-43.43.834, 10.97.030
and 10.97.050, and through the Federal Bureau of Investigation. The record
check shall include a fingerprint check using a complete Washington State
criminal identification fingerprint card or electronic equivalent, if available. KMHS
shall pay for the requirements set forth in this subsection.

ii) In accordance with RCW 28A.400.330, KMHS shall prohibit any employee or
volunteer from working at the Programs who 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 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation
of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or
violation of similar laws of another jurisdiction. Any failure to comply with this
section shall be grounds for the District immediately terminating the contract.


B. The staff employed by KMHS will work collaboratively with the District and its
employees to provide and successfully implement the Sequoia 1% Program. Per this
contract, KMHS shall provide the following services to any student enrolled at the
School, regardless of that student’s insurance, diagnosis, or monetary situation.

i) The Clinical Supervisor will:

Provide consultation, education, and training as needed to KMHS staff or
school district personnel regarding classroom programs, clinical issues
related to students and families with emotional troubles, or issues related
to continuity of care;

Provide clinical direction to KMHS staff;

Participate in the monitoring of progress of students and to flex and adapt
treatment to match the emerging clinical picture; and

Clinical supervisor will also be able to provide any of the below additional
services.

ii) The Master’s level CMHS will:

Meet with referred students to assess needs and make appropriate
referrals as needed including but not limited to: primary care doctor,
outpatient mental health counseling, wraparound intensive services, and
substance abuse treatment;

Provide brief intervention, crisis intervention, and trauma support as
necessary;

Provide in-school voluntary family, individual, and group counseling as
indicated depending on needs of the student. The counseling techniques
will include Cognitive Behavioral Therapy (CBT), which has been shown
to reduce symptoms of anxiety and depression and builds emotional
regulations skills in children and Motivational Interviewing;

Collaborate with other Sequoia 1*t Program and school district staff to
create and implement plans to support the youth; and

Therapist will also be available to provide any of the below additional
services.

iii) The Mental Health Behavioral Interventionist will:

Participate in interventions as necessary to encourage students to follow
the School expectations. Identify issues which impede the student’s
successful social and emotional behavior and assist in creating plans that
address these issues;

Provide immediate, therapeutic crisis interventions as necessary;

3


iii. Provide one-to-one interventions for students as necessary. This may
include supporting students transitioning into other schools within the
District;

iv. Partner with the families of students enrolled in the Sequoia 1** Program
as necessary. Help families learn skills to assist the student outside of
school, build a stronger relationship with the school system, and access
appropriate resources for their student. This may include conducting
family meetings, providing outreach to family homes, coordinating with
other systems, helping connect the family with resources or services; or
providing students and families additional information on community
resources they can access for additional services outside of the Sequoia
Program;

v. As needed, organize and implement social skills and therapeutic groups
with the students enrolled at the School; and

vi. Provide guidance/coaching to school faculty as requested by the District,
related to students in the Sequoia 1° Program. This may include
classroom observations, faculty presentations and participation in family
staffing or multidisciplinary team meetings.

C. Additionally, KMHS shall:

i) Comply with all applicable laws and regulations in the operation of the Programs
and performance of its obligations under this Agreement.

ii) Keep the District informed regarding status and operation of the Programs, and
respond promptly to District requests for information regarding the same.

iii) Cooperate with District staff in accomplishing assessments and transition plans.
Follow established Bremerton School District Sequoia Referral workflow.

3. Agreement Representatives.

The District and KMHS will each designate a representative regarding this Agreement,
and such representative may be updated by providing written notice to the other party.
The parties’ representatives are as follows:

District Representative: Kelsey McCreary, Special Education Director
Bremerton School District
134 Marion Avenue N
Bremerton, WA 98312
Phone: 360-473-1000

KMHS Representative: Chris Borer, School Programs Manager
Kitsap Mental Health Services
5455 Almira Drive NE
Bremerton, WA 98311

4


Phone: 360-415-5845
4. Effective Date.

This Agreement shall be in effect from September 1, 2024 and will expire on August
31, 2025, such period to be known as the contract year. KMHS will provide a 12-month
program for 180 school days of regular school year to the district.

5. Compensation and Renewal Election.

The total amount under this Agreement shall not exceed $365,076.18 for the initial
contract year. For each month, KMHS will submit an invoice in accordance with the
following table for positions that are filled during the month, with the payment calculated
based on two periods during the month of equal periods. A position will be considered
filled if a KMHS employee is working in the position anytime during each half month
period. KMHS will submit an invoice to the District by the 15" of the month following
service provision. The District will issue payment within 30 days of receipt of invoice.

First Half of Second Half | Monthly Total Maximum
Position Month of Month Per Position | Contract Total
Child Mental Health Specialist $3,933.85 $3,933.85 $7,867.70 $94,412.44
Behavioral Interventionist
total for 2 interventionists $7,320.95 $7,320.95 $14,641.90| $175,702.82
Supervisor $2,573.84 $2,573.84 $5,147.68 $61,772.18

Base Monthly Cost $1,382.86 $1,382.86 $2,765.73 $33,188.74
Maximum Invoice Amount $15,211.51 $15,211.51 $30,423.02| $365,076.18

This Agreement can be extended for additional one-year periods, at the option of the
Parties. The Parties will confirm their intent to continue the Agreement in writing by
March 31 of each subsequent year. KMHS and the District agree that contract rates may
increase in subsequent contract years. KMHS will make reasonable efforts to provide
estimated contract increase by February 15, 2025 for the contract period running from
September 1, 2025 through August 31, 2026. Contract increases result from increases
in operating costs expected for each year.

6. Relationship of the Parties.

The parties intend that an independent contractor relationship will be created by the
Agreement. No agent, employee, or representative of KMHS shall be deemed to be an
agent, employee, or representative of the District for any purpose, and the employees of
KMHS are not entitled to any of the benefits the District provides for its employees.
KMHS will be solely and entirely responsible for its acts and for the acts of its agents,
employees, or representatives during the performance of this Agreement. The parties
agree that this Agreement is solely for the benefit of the parties hereto and conveys no
right to any other party.

7. Confidentiality.


KMHS and its employees, subcontractors, and their employees will maintain the
confidentiality of all information provided by the District or acquired in performance of
this Agreement as required by HIPAA, FERPA, and other pertinent privacy laws.

8. Insurance.

Each party shall maintain professional and general liability and errors and omissions
coverage with limits of not less than $1 million per occurrence.

9. Indemnification.

Each party shall hold harmless, indemnify and defend the other party, its officers,
officials, employees, volunteers, and agents from and against any and all claims,
actions, suits, liability, loss expenses, damages and judgments of any nature whatsoever
including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness,
disability or death to persons or damage to property or business, caused by or arising
out of each party’s acts, errors or omissions in the performance of this Agreement. Each
party’s obligation under this provision will not extend to injury, sickness, disability, death
or damage caused by or arising out of the negligence of the other party, its officers,
officials, employees, or agents.

10. Non-discrimination.

It is the policy of KMHS to employ persons on the basis of experience, training and
merit. Each party agrees that, in the performance of the Agreement, it shall not illegally
discriminate against any client, employee, or applicant for employment or for services on
the basis of race, creed, religion, color, national origin, marital status, gender, ancestry,
age, sexual orientation, sensory, physical or mental disability, membership in the military
or veteran status, HIV/AIDS or Hepatitis C status or the use of a trained dog guide or
service animal, except as necessary to meet a bonafide occupational qualification.

11. Disputes.

Before proceeding to any lawsuit, the parties will seek to negotiate any disputes between
appropriate representatives of each party. If disputes cannot be solved with negotiation,
the parties will proceed to mandatory mediation to resolve any disputes, the terms of
such mediation to be decided mutually by the parties. If the parties cannot mutually
agree to a resolution in mediation, any judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of
the courts of competent jurisdiction in Kitsap County, Washington. The prevailing party
in any such action shall be entitled to an award of reasonable attorney’s fees and other
costs incurred in such action.

12. Entire Agreement.

This Agreement represents the entire agreement between the parties. No change,
modification, termination or attempted waiver of any of the provisions of this Agreement
shall be binding on either party except by means of a signed writing by authorized
representatives of each party. This Agreement will not be modified, supplemented or
otherwise affected by the course of dealing between the parties. Failure by either party
to enforce any provision of this Agreement or to declare a breach shall not constitute

6


waiver thereof, nor shall it impair any party’s right to demand strict compliance and
performance of that or any other provision of this Agreement at any time thereafter.

13. Term and termination.

This Agreement shall be effective until terminated by either party upon thirty (30) days
written notice to the other party. Notwithstanding the foregoing, this Agreement may be
terminated immediately by either party upon material breach of any provision of this

Agreement by the other party.

KITSAP MENTAL HEALTH SERVICES BREMERTON SCHOOL DISTRICT

Monica Bernhard

B3A6B7FECESE75BE4E48319A8B285CF5 _ Contractwarks

Monica Bernhard, Chief Executive Officer Dr. James Crawford, Superintendent
06/18/2024
Date Date


Agreement for KMHS Program Services — Sequoia 2"
Program

THIS AGREEMENT is made and entered into by and between the Bremerton School District,
a common school district organized under Title 28A RCW, (hereinafter, “District”) and Kitsap
Mental Health Services, a 501(c)(3) not-for-profit organization, (hereinafter, “KMHS”),
collectively the Parties.

RECITALS

A. KMHS provides mental and behavioral health services to children and families within
Kitsap County.

B. The Parties have worked collaboratively under a contract for Program Services for
more than ten years.

C. The District seeks to continue to facilitate KMHS’s provision of services (hereinafter
referred to as “Sequoia 2"¢ Program”) for up to 10 District students at the District's
View Ridge Elementary School (hereinafter “School”) operating during the Bremerton
School calendar.

i. If astudent spends 50% or less of their time in the Sequoia program due to
transitioning back to general education, their seat will be considered ‘open,’
allowing another student to be placed in the program. This could happen for up to
two students, resulting in a class size of 10 students ‘in seat' and 2 students in
transition.

D. The Parties agree that certain clarifications are necessary to ensure clarity of the
roles and responsibilities of each Party.

AGREEMENT
1. District’s Duties.
The District will provide:
A. Exclusive access to classroom spaces at the School suitable for operation by KMHS
of the Behavior Intervention Programs (hereinafter, “Programs”). The spaces shall
include an academic area and an emotional regulation area at View Ridge

Elementary School, all school supplies and materials.

B. Maintenance of the facility, including all utilities. In addition, the District shail be
responsible for all costs of repair to any District facilities.

C. Aschool liaison to support coordination of services between the District and KMHS.

D. A full time certified school teacher at the Sequoia Program supervised by the School
principal.


E. A full time paraeducator for the Sequoia Program supervised by the School principal
and individual paraeducators for any students requiring additional support in their
Individualized Education Plans (IEP).

F. Transportation of children to and from the classroom, including student transitions to
the student’s home school.

G. Cooperation with KMHS staff in accomplishing assessments and transition plans.
Full collaboration around referrals coming into the program to include a minimum of 2
weeks between receiving a referral and the referred student starting at Sequoia.
District will follow established Bremerton School District Sequoia workflow to the
maximum extent possible; acknowledging that unique circumstances may arise that
require flexibility and administrative support.

i. Inthe event that a student outside the Bremerton School District transfers into
the school district with the existing IEP that identifies previous placement in a
"behavior program” the timeline from referral to starting in Sequoia will be
reduced to 5 school days.

2. KMHS’s Duties.

A. Except as identified above, KMHS shall be responsible for employing, directing, and
supervising all staff necessary for operation of the Sequoia 2.7 Program. The
Program is a supportive therapeutic environment with individualized academics
provided by the District to serve severely behaviorally and/or emotionally disturbed
children. Staffing will include one Master's level Child Mental Health Specialist
(CMHS), two Mental Health Behavioral Interventionists, and a .50 FTE Clinical
Supervisor.

i) For all KMHS employees and volunteers participating in the operation of the
Programs, KMHS will require a record check through the Washington State
Patrol criminal investigation system under RCW 43.43.830-43.43.834, 10.97.030
and 10.97.050, and through the Federal Bureau of Investigation. The record
check shall include a fingerprint check using a complete Washington State
criminal identification fingerprint card or electronic equivalent, if available. KMHS
shall pay for the requirements set forth in this subsection.

ii) In accordance with RCW 28A.400.330, KMHS shall prohibit any employee or
volunteer from working at the Programs who 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 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation
of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or
violation of similar laws of another jurisdiction. Any failure to comply with this
section shali be grounds for the District immediately terminating the contract.


B. The staff employed by KMHS will work collaboratively with the District and its
employees to provide and successfully implement the Sequoia 2" Program. Per this
contract, KMHS shall provide the following services to any student enrolled at the
School, regardless of that student’s insurance, diagnosis, or monetary situation.

i) The Clinical Supervisor will:

Provide consultation, education, and training as needed to KMHS staff or
school district personnel regarding classroom programs, clinical issues
related to students and families with emotional troubles, or issues related
to continuity of care;

Provide clinical direction to KMHS staff;

Participate in the monitoring of progress of students and to flex and adapt
treatment to match the emerging clinical picture; and

Clinical supervisor will also be able to provide any of the below additional
services.

ii) The Master's level CMHS will:

Meet with referred students to assess needs and make appropriate
referrals as needed including but not limited to: primary care doctor,
outpatient mental health counseling, wraparound intensive services, and
substance abuse treatment;

Provide brief intervention, crisis intervention, and trauma support as
necessary;

Provide in-school voluntary family, individual, and group counseling as
indicated depending on needs of the student. The counseling techniques
will include Cognitive Behavioral Therapy (CBT), which has been shown
to reduce symptoms of anxiety and depression and builds emotional
regulations skills in children and Motivational Interviewing;

Collaborate with other Sequoia 2" Program and school district staff to
create and implement plans to support the youth; and

Therapist will also be available to provide any of the below additional
services.

iii) The Mental Health Behavioral Interventionist will:

Participate in interventions as necessary to encourage students to follow
the School expectations. Identify issues which impede the student’s
successful social and emotional behavior and assist in creating plans that
address these issues;

Provide immediate, therapeutic crisis interventions as necessary;

3


iii. Provide one-to-one interventions for students as necessary. This may
include supporting students transitioning into other schools within the
District;

iv. Partner with the families of students enrolled in the Sequoia 24 Program
as necessary. Help families learn skills to assist the student outside of
school, build a stronger relationship with the school system, and access
appropriate resources for their student. This may include conducting
family meetings, providing outreach to family homes, coordinating with
other systems, helping connect the family with resources or services; or
providing students and families additional information on community
resources they can access for additional services outside of the Sequoia
Program;

v. As needed, organize and implement social skills and therapeutic groups
with the students enrolled at the School; and

vi. Provide guidance/coaching to school faculty as requested by the District,
related to students in the Sequoia 2" Program. This may include
classroom observations, faculty presentations and participation in family
staffing or multidisciplinary team meetings.

C. Additionally, KMHS shall:

i) Comply with all applicable laws and regulations in the operation of the Programs
and performance of its obligations under this Agreement.

ii) Keep the District informed regarding status and operation of the Programs, and
respond promptly to District requests for information regarding the same.

ii) Cooperate with District staff in accomplishing assessments and transition plans.
Follow established Bremerton School District Sequoia Referral workflow.

3. Agreement Representatives.

The District and KMHS will each designate a representative regarding this Agreement,
and such representative may be updated by providing written notice to the other party.
The parties’ representatives are as follows:

District Representative: Kelsey McCreary, Special Education Director
Bremerton School District
134 Marion Avenue N
Bremerton, WA 98312
Phone: 360-473-1000

KMHS Representative: Chris Borer, School Programs Manager
Kitsap Mental Health Services
5455 Almira Drive NE
Bremerton, WA 98311

4


Phone: 360-415-5845
4. Effective Date.

This Agreement shall be in effect from September 1, 2024 and will expire on August
31, 2025, such period to be known as the contract year. KMHS will provide a 12-month
program for 180 school days of regular school year to the district.

5. Compensation and Renewal Election.

The total amount under this Agreement shall not exceed $365,076.18 for the initial
contract year. For each month, KMHS will submit an invoice in accordance with the
following table for positions that are filled during the month, with the payment calculated
based on two periods during the month of equal periods. A position will be considered
filled if a KMHS employee is working in the position anytime during each half month
period. KMHS will submit an invoice to the District by the 15" of the month following
service provision. The District will issue payment within 30 days of receipt of invoice.

First Half of Second Half | Monthly Total Maximum
Position Month of Month Per Position | Contract Total
Child Mental Health Specialist $3,933.85 $3,933.85 $7,867.70 $94,412.44

This Agreement can be extended for additional one-year periods, at the option of the
Parties. The Parties will confirm their intent to continue the Agreement in writing by
March 31 of each subsequent year. KMHS and the District agree that contract rates may
increase in subsequent contract years. KMHS will make reasonable efforts to provide
estimated contract increase by February 15, 2025 for the contract period running from
September 1, 2025 through August 31, 2026. Contract increases result from increases
in operating costs expected for each year.

6. Relationship of the Parties.

The parties intend that an independent contractor relationship will be created by the
Agreement. No agent, employee, or representative of KMHS shall be deemed to be an
agent, employee, or representative of the District for any purpose, and the employees of
KMHS are not entitled to any of the benefits the District provides for its employees.
KMHS will be solely and entirely responsible for its acts and for the acts of its agents,
employees, or representatives during the performance of this Agreement. The parties
agree that this Agreement is solely for the benefit of the parties hereto and conveys no
right to any other party.

7. Confidentiality.


KMHS and its employees, subcontractors, and their employees will maintain the
confidentiality of all information provided by the District or acquired in performance of
this Agreement as required by HIPAA, FERPA, and other pertinent privacy laws.

8. Insurance.

Each party shall maintain professional and general liability and errors and omissions
coverage with limits of not less than $1 million per occurrence.

9. Indemnification.

Each party shall hold harmless, indemnify and defend the other party, its officers,
officials, employees, volunteers, and agents from and against any and all claims,

actions, suits, liability, loss expenses, damages and judgments of any nature whatsoever
including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness,
disability or death to persons or damage to property or business, caused by or arising
out of each party's acts, errors or omissions in the performance of this Agreement. Each
party’s obligation under this provision will not extend to injury, sickness, disability, death
or damage caused by or arising out of the negligence of the other party, its officers,
officials, employees, or agents.

10. Non-discrimination.

It is the policy of KMHS to employ persons on the basis of experience, training and
merit. Each party agrees that, in the performance of the Agreement, it shall not illegally
discriminate against any client, employee, or applicant for employment or for services on
the basis of race, creed, religion, color, national origin, marital status, gender, ancestry,
age, sexual orientation, sensory, physical or mental disability, membership in the military
or veteran status, HIV/AIDS or Hepatitis C status or the use of a trained dog guide or
service animal, except as necessary to meet a bonafide occupational qualification.

11. Disputes.

Before proceeding to any lawsuit, the parties will seek to negotiate any disputes between
appropriate representatives of each party. If disputes cannot be solved with negotiation,
the parties will proceed to mandatory mediation to resolve any disputes, the terms of
such mediation to be decided mutually by the parties. If the parties cannot mutually
agree to a resolution in mediation, any judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of
the courts of competent jurisdiction in Kitsap County, Washington. The prevailing party
in any such action shall be entitled to an award of reasonable attorney’s fees and other
costs incurred in such action.

12. Entire Agreement.

This Agreement represents the entire agreement between the parties. No change,
modification, termination or attempted waiver of any of the provisions of this Agreement
shall be binding on either party except by means of a signed writing by authorized
representatives of each party. This Agreement will not be modified, supplemented or
otherwise affected by the course of dealing between the parties. Failure by either party
to enforce any provision of this Agreement or to declare a breach shall not constitute

6


waiver thereof, nor shall it impair any party’s right to demand strict compliance and
performance of that or any other provision of this Agreement at any time thereafter.

13. Term and termination.

This Agreement shall be effective until terminated by either party upon thirty (30) days
written notice to the other party. Notwithstanding the foregoing, this Agreement may be
terminated immediately by either party upon material breach of any provision of this
Agreement by the other party.

KITSAP MENTAL HEALTH SERVICES BREMERTON SCHOOL DISTRICT

Monica Bernhard.

B3A6B7FECESE75BE4E48319A8B285CF5  contractworks.

Monica Bernhard, Chief Executive Officer Dr. James Crawford, Superintendent
06/18/2024
Date Date


Agreement for KMHS Program Services — Sequoia 3'¢

Program

THIS AGREEMENT is made and entered into by and between the Bremerton School District,
a common school district organized under Title 28A RCW, (hereinafter, “District’) and Kitsap
Mental Health Services, a 501(c)(3) not-for-profit organization, (hereinafter, “KMHS”),
collectively the Parties.

A.

RECITALS

KMHS provides mental and behavioral health services to children and families within
Kitsap County.

The Parties have worked collaboratively under a contract for Program Services for
more than ten years.

The District seeks to continue to facilitate KMHS’s provision of services (hereinafter
referred to as “Sequoia 3 Program’) for up to 10 District students at the District's
West Hills STEM Academy (hereinafter “School’) operating during the Bremerton
School calendar.

i. If astudent spends 50% or less of their time in the Sequoia program due to
transitioning back to general education, their seat will be considered ‘open,’
allowing another student to be placed in the program. This could happen for up to
two students, resulting in a class size of 10 students ‘in seat' and 2 students in
transition.

. The Parties agree that certain clarifications are necessary to ensure clarity of the

roles and responsibilities of each Party.

AGREEMENT

1. District’s Duties.

The District will provide:

A.

Exclusive access to classroom spaces at the School suitable for operation by KMHS
of the Behavior Intervention Programs (hereinafter, “Programs”). The spaces shall
include an academic area and an emotional regulation area at West Hills STEM
Academy, all school supplies and materials.

Maintenance of the facility, including all utilities. In addition, the District shall be
responsible for all costs of repair to any District facilities.

A school liaison to support coordination of services between the District and KMHS.

A full time certified school teacher at the Sequoia Program supervised by the School
principal.


E. A full time paraeducator for the Sequoia Program supervised by the School principal
and individual paraeducators for any students requiring additional support in their
Individualized Education Plans (IEP).

F. Transportation of children to and from the classroom, including student transitions to
the student’s home school.

G. Cooperation with KMHS staff in accomplishing assessments and transition plans.
Full collaboration around referrals coming into the program to include a minimum of 2
weeks between receiving a referral and the referred student starting at Sequoia.
District will follow established Bremerton School District Sequoia workflow to the
maximum extent possible; acknowledging that unique circumstances may arise that
require flexibility and administrative support.

i. Inthe event that a student outside the Bremerton School District transfers into
the school district with the existing IEP that identifies previous placement in a
"behavior program” the timeline from referral to starting in Sequoia will be
reduced to 5 school days.

2. KMHS’s Duties.

A. Except as identified above, KMHS shall be responsible for employing, directing, and
supervising all staff necessary for operation of the Sequoia 3" Program. The
Program is a supportive therapeutic environment with individualized academics
provided by the District to serve severely behaviorally and/or emotionally disturbed
children. Staffing will include one Master’s level Child Mental Health Specialist
(CMHS), two Mental Health Behavioral Interventionists, and a .50 FTE Clinical
Supervisor.

i) For all KMHS employees and volunteers participating in the operation of the
Programs, KMHS will require a record check through the Washington State
Patrol criminal investigation system under RCW 43.43.830-43.43.834, 10.97.030
and 10.97.050, and through the Federal Bureau of Investigation. The record
check shall include a fingerprint check using a complete Washington State
criminal identification fingerprint card or electronic equivalent, if available. KMHS
shall pay for the requirements set forth in this subsection.

ii) In accordance with RCW 28A.400.330, KMHS shall prohibit any employee or
volunteer from working at the Programs who 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 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW), sexual exploitation
of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or
violation of similar laws of another jurisdiction. Any failure to comply with this
section shall be grounds for the District immediately terminating the contract.


B. The staff employed by KMHS will work collaboratively with the District and its
employees to provide and successfully implement the Sequoia 3" Program. Per this
contract, KMHS shall provide the following services to any student enrolled at the
School, regardless of that student’s insurance, diagnosis, or monetary situation.

i) The Clinical Supervisor will:

Provide consultation, education, and training as needed to KMHS staff or
school district personnel regarding classroom programs, clinical issues
related to students and families with emotional troubles, or issues related
to continuity of care;

Provide clinical direction to KMHS staff:

Participate in the monitoring of progress of students and to flex and adapt
treatment to match the emerging clinical picture; and

Clinical supervisor will also be able to provide any of the below additional
services.

ii) The Master's level CMHS will:

Meet with referred students to assess needs and make appropriate
referrals as needed including but not limited to: primary care doctor,
outpatient mental health counseling, wraparound intensive services, and
substance abuse treatment;

Provide brief intervention, crisis intervention, and trauma support as
necessary;

Provide in-school voluntary family, individual, and group counseling as
indicated depending on needs of the student. The counseling techniques
will include Cognitive Behavioral Therapy (CBT), which has been shown
to reduce symptoms of anxiety and depression and builds emotional
regulations skills in children and Motivational Interviewing;

Collaborate with other Sequoia 3 Program and school district staff to
create and implement plans to support the youth; and

Therapist will also be available to provide any of the below additional
services.

iii) The Mental Health Behavioral interventionist will:

Participate in interventions as necessary to encourage students to follow
the School expectations. Identify issues which impede the student’s
successful social and emotional behavior and assist in creating plans that
address these issues;

Provide immediate, therapeutic crisis interventions as necessary;

3


iii. Provide one-to-one interventions for students as necessary. This may
include supporting students transitioning into other schools within the
District;

iv. Partner with the families of students enrolled in the Sequoia 3 Program
as necessary. Help families learn skills to assist the student outside of
school, build a stronger relationship with the school system, and access
appropriate resources for their student. This may include conducting
family meetings, providing outreach to family homes, coordinating with
other systems, helping connect the family with resources or services; or
providing students and families additional information on community
resources they can access for additional services outside of the Sequoia
Program;

v. As needed, organize and implement social skills and therapeutic groups
with the students enrolled at the School; and

vi. Provide guidance/coaching to school faculty as requested by the District,
related to students in the Sequoia 3% Program. This may include
classroom observations, faculty presentations and participation in family
staffing or multidisciplinary team meetings.

C. Additionally, KMHS shall:

i) Comply with all applicable laws and regulations in the operation of the Programs
and performance of its obligations under this Agreement.

ii) Keep the District informed regarding status and operation of the Programs, and
respond promptly to District requests for information regarding the same.

iii) Cooperate with District staff in accomplishing assessments and transition plans.
Follow established Bremerton School District Sequoia Referral workflow.

3. Agreement Representatives.

The District and KMHS will each designate a representative regarding this Agreement,
and such representative may be updated by providing written notice to the other party.
The parties’ representatives are as follows:

District Representative: Kelsey McCreary, Special Education Director
Bremerton School District
134 Marion Avenue N
Bremerton, WA 98312
Phone: 360-473-1000

KMHS Representative: Chris Borer, School Programs Manager
Kitsap Mental Health Services
5455 Almira Drive NE
Bremerton, WA 98311

4


Phone: 360-415-5845
4. Effective Date.

This Agreement shall be in effect from September 1, 2024 and will expire on August
31, 2025, such period to be known as the contract year. KMHS will provide a 12-month
program for 180 school days of regular school year to the district.

5. Compensation and Renewal Election.

The total amount under this Agreement shall not exceed $365,076.18 for the initial
contract year. For each month, KMHS will submit an invoice in accordance with the
following table for positions that are filled during the month, with the payment calculated
based on two periods during the month of equal periods. A position will be considered
filled if a KMHS employee is working in the position anytime during each half month
period. KMHS will submit an invoice to the District by the 15" of the month following
service provision. The District will issue payment within 30 days of receipt of invoice.

Position or —— Month L steerzd Position | Contract or
Child Mental Health Specialist | $3,933.85 933.85 | $3,933.85 933.85 | $7,867.70 867.70 | $94,412.44, 412.44

This Agreement can be extended for additional one-year periods, at the option of the
Parties. The Parties will confirm their intent to continue the Agreement in writing by
March 31 of each subsequent year. KMHS and the District agree that contract rates may
increase in subsequent contract years. KMHS will make reasonable efforts to provide
estimated contract increase by February 15, 2025 for the contract period running from
September 1, 2025 through August 31, 2026. Contract increases result from increases
in operating costs expected for each year.

6. Relationship of the Parties.

The parties intend that an independent contractor relationship will be created by the
Agreement. No agent, employee, or representative of KMHS shall be deemed to be an
agent, employee, or representative of the District for any purpose, and the employees of
KMHS are not entitled to any of the benefits the District provides for its employees.
KMHS will be solely and entirely responsible for its acts and for the acts of its agents,
employees, or representatives during the performance of this Agreement. The parties
agree that this Agreement is solely for the benefit of the parties hereto and conveys no
right to any other party.

7. Confidentiality.


KMHS and its employees, subcontractors, and their employees will maintain the
confidentiality of all information provided by the District or acquired in performance of
this Agreement as required by HIPAA, FERPA, and other pertinent privacy laws.

8. Insurance.

Each party shall maintain professional and general liability and errors and omissions
coverage with limits of not less than $1 million per occurrence.

9. Indemnification.

Each party shall hold harmless, indemnify and defend the other party, its officers,
Officials, employees, volunteers, and agents from and against any and all claims,
actions, suits, liability, loss expenses, damages and judgments of any nature whatsoever
including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness,
disability or death to persons or damage to property or business, caused by or arising
out of each party’s acts, errors or omissions in the performance of this Agreement. Each
party’s obligation under this provision will not extend to injury, sickness, disability, death
or damage caused by or arising out of the negligence of the other party, its officers,
officials, employees, or agents.

10. Non-discrimination.

It is the policy of KMHS to employ persons on the basis of experience, training and
merit. Each party agrees that, in the performance of the Agreement, it shall not illegally
discriminate against any client, employee, or applicant for employment or for services on
the basis of race, creed, religion, color, national origin, marital status, gender, ancestry,
age, sexual orientation, sensory, physical or mental disability, membership in the military
or veteran status, HIV/AIDS or Hepatitis C status or the use of a trained dog guide or
service animal, except as necessary to meet a bonafide occupational qualification.

11. Disputes.

Before proceeding to any lawsuit, the parties will seek to negotiate any disputes between
appropriate representatives of each party. If disputes cannot be solved with negotiation,
the parties will proceed to mandatory mediation to resolve any disputes, the terms of
such mediation to be decided mutually by the parties. If the parties cannot mutually
agree to a resolution in mediation, any judicial proceeding for the enforcement of this
Agreement or any provisions thereof, shall be instituted and maintained only in any of
the courts of competent jurisdiction in Kitsap County, Washington. The prevailing party
in any such action shall be entitled to an award of reasonable attorney's fees and other
costs incurred in such action.

12. Entire Agreement.

This Agreement represents the entire agreement between the parties. No change,
modification, termination or attempted waiver of any of the provisions of this Agreement
shall be binding on either party except by means of a signed writing by authorized
representatives of each party. This Agreement will not be modified, supplemented or
otherwise affected by the course of dealing between the parties. Failure by either party
to enforce any provision of this Agreement or to declare a breach shall not constitute

6


waiver thereof, nor shall it impair any party’s right to demand strict compliance and

performance of that or any other provision of this Agreement at any time thereafter.
13. Term and termination.

This Agreement shall be effective until terminated by either party upon thirty (30) days

written notice to the other party. Notwithstanding the foregoing, this Agreement may be

terminated immediately by either party upon material breach of any provision of this
Agreement by the other party.

KITSAP MENTAL HEALTH SERVICES BREMERTON SCHOOL DISTRICT
WMlonica Oernkard

B3A6B7FECES5E75BE4E48319A8B285CF5 contractwarks

Monica Bernhard, Chief Executive Officer Dr. James Crawford, Superintendent
06/18/2024

Date Date