Everett Public Schools 10/30/2024

Contractual Services Agreement – Everett Public Library Page 2 Agreement Alterations: This written agreement constitutes the mutual agreement of the Contractor and the District in whole. No alteration or variation of this agreement unless made in writing between the parties hereto, shall be binding. In the event any clause within this contract should be declared invalid, the remaining portions of the contract will continue to remain in force. Insurance: Contractor shall be responsible for their own insurance. Contractors who will be providing direct services to students or the general public on the school district’s behalf are required to provide a Certificate of Insurance evidencing Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence for personal injury, bodily injury and property damage. Applicable Law: This agreement shall be governed by all Washington State and Federal laws including RCWs 28A.400.303, 28A.400.330, 9A.32, 9A.36, 9A.42, 9A.44, 9A.64.030, 9A.88 or any other current laws relative to record checks, crimes against children, or conditions required for working with children. Pursuant to RCW 28A.400.303, any contractor who will have unsupervised access to children under this agreement shall be required to have successful completion of a background check through the Washington State Patrol Criminal Identification System, under RCW 4.43.830-834, RCW 10.97.30 & .50, and through the Federal Bureau of Investigation prior to contracting with the District and prior to unsupervised access to children. Upon approval by the Purchasing Department, when necessary, contracts may commence on a conditional basis pending completion of the background checks. Contractor shall not utilize any employee (or subcontractor or their employees) at the District site or allow any contact between school children and any employee when an employee 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 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 9A.64.030 RCW, or violation of similar laws of another jurisdiction. Any failure to comply with this section shall be grounds for the District to immediately terminate this agreement. Tobacco, alcohol, drugs, and weapons are prohibited on school grounds. Any claim, suit, or other legal action pertaining to this Contract shall be brought under the laws of the State of Washington in Snohomish County, Washington. Family Educational Rights & Privacy Act: This contract is subject to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CPR Part 99) that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education and District and Agency agree to abide by the stipulations and requirements of the FERPA rulings, as it exists at the time this Contract is signed and/or as it is amended and such amendment cones into effect during the duration of this Contract. Confidentiality: In providing services under this Contract, Contractor may have access to personally identifiable education records and confidential information regarding District students or staff (collectively referred to as “Confidential Information”). Contractor agrees that they will maintain the confidentiality of Confidential Information. The use or disclosure of any Confidential Information for any purpose not directly connected to Contractor’s services under this Contract is strictly prohibited except where required or authorized by law.