GRANTS PASS SCHOOL DISTRICT INDEPENDENT CONTRACTOR AGREEMENT DATE: 9 /8 /2015

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1 GRANTS PASS SCHOOL DISTRICT INDEPENDENT CONTRACTOR AGREEMENT DATE: 9 /8 /2015 SECTION 1. IDENTITY OF INDEPENDENT CONTRACTOR This Agreement is between Grants Pass School District Number 7 (hereinafter District ) and the Independent Contractor (hereinafter Contractor ) identified as follows: Name: Type of Entity: Mailing Address: City, State, Zip: Business Telephone: /Fax/Other: Federal Tax ID Number: Options of Southern Oregon Sole Proprietor Corporation/LLC Partnership SECTION 2. DESCRIPTION OF SERVICES. Contractor shall provide the following specific services (the Services ) to the District: Coordination of access to community and other resources for students with varying needs; Mental Health support for students with an emphasis on support and prevention including but not limited to suicide prevention; Coordination of groups for students including but not limited to grief support, anger management, and women s crisis support; Drug and alcohol prevention, counseling, and support; and Body Image counseling and support. Contractor shall also provide such other incidental services as may be necessary to properly carry out the specific services identified above. Contractor agrees that the Services will be available to the District with prior notice and/or pursuant to any agreed-upon schedule. The Contractor will use Contractor s best efforts in performing the Services described herein, and agrees that all Services will be provided in accordance with the established standards of the Contractor s trade or profession.

2 SECTION 3. TERM OF AGREEMENT Effective Date: 09/08/2015 Termination Date: 06/30_/2016 The Term of this Agreement shall commence on the above-stated Effective Date and terminate on the Termination Date unless terminated earlier as hereinafter provided. Either party may terminate this Agreement without cause by providing at least 14 days prior written notice to the other of intent to terminate this Agreement as of a date stated; provided, however, that Contractor may not terminate any obligations to provide Services on a date that has already been scheduled and agreed-to between District and Contractor without District s written consent. SECTION 4. COMPENSATION For Services provided by Contractor under this Agreement, the District shall compensate Contractor as follows: The District shall pay Contractor $ per hour. The Contractor will provide District such reasonable substantiation regarding time incurred in providing Services as may be required by the District. The District shall pay Contractor a fixed price of $54, for all Services performed pursuant to this Agreement. Contractor shall immediately notify District in the event that services requested by District may result in a price increase. In such event, a written addendum to this Agreement shall be executed prior to any additional services being performed. The District shall pay Contractor according to the compensation schedule attached hereto as Exhibit A, which is incorporated herein by reference. SECTION 5. EXPENSES The District shall not be liable for any expenses paid or incurred by the Contractor unless otherwise agreed in writing. SECTION 6. ASSIGNMENT OF RIGHTS Contractor may not assign or delegate any of his rights or obligations under this Agreement to any person without the prior written consent of the District, which the District may withhold in its sole discretion. Contractor acknowledges that, in the event any delegation or assignment of rights will be permitted by District, the assignee shall be required to execute an Agreement with District of a similar form to this Agreement. SECTION 7. AUTHORITY TO BIND DISTRICT

3 The Contractor and the District agree that the Contractor has no authority to bind the District as its agent, except as may be expressly agreed to by the parties in a separate written agreement. The Contractor will not make any representations, or take any actions, that would create the impression that he has authority to bind the District. SECTION 8. RELATIONSHIP BETWEEN PARTIES The Contractor and the District recognize and agree that the Contractor is not an employee of the District and is furnishing required services as an independent contractor. The Contractor will perform the services required under this Agreement, and the manner and means of providing those services are under the sole control of the Contractor, including providing all tools and equipment necessary for performing the services. The services provided must, however, meet the approval of the District and will be subject to the District s general right of inspection and supervision to secure satisfactory performance. The Contractor represents that Contractor performs services for others besides the District and actively markets Contractor s services to others. Contractor specifically acknowledges that Contractor may perform services for others during those periods when the Contractor is not performing work under this Agreement for the District. None of the benefits provided by the District to its employees, including but not limited to PERS, workers compensation insurance and unemployment insurance, will be provided by the District to the Contractor or to any employee, agent, or servant of the Contractor whom the Contractor may engage as he believes necessary and appropriate for the performance of services. SECTION 9. COMPLIANCE WITH LAWS Contractor will comply with all federal, state, and local laws regarding business permits, certificates, and licenses Contractor will obtain and maintain such permits, certificates, and licenses that may be required to perform all Contractor s obligations under this Agreement. SECTION 10. INSURANCE. Contractor agrees that he will have and maintain health and accident insurance covering performance of the work contracted in this Agreement and will provide the District with proof of such insurance on demand by the District, its insurers, administrators or attorneys. No workers compensation insurance has been or will be obtained by the District for Contractor. Contractor shall provide Contractor s own workers compensation coverage and provide District with evidence of such coverage or verification of its election not to be covered pursuant to ORS (7) (exception for sole proprietors). Contractor will assume full responsibility for any liability and exposure under law relating to workers compensation because of any performance of services under this Agreement and will hold the District harmless for and from any industrial accident or liability that occurs or arises.

4 SECTION 11. CONTRACTOR S TAX DUTIES AND LIABILITIES Neither federal, state, nor local income tax or payroll tax of any kind will be withheld or paid by the District on behalf of Contractor. Contractor understands that the Contractor is responsible for paying Contractor s own income tax. If Contractor is not a corporation, Contractor further understands that Contractor may be liable for self-employment (Social Security) tax, to be paid by the Contractor. Contractor agrees to file income tax returns either as a business entity or using a Business Schedule C as part of the Contractor s personal income tax returns. SECTION 12. LIMITATIONS OF LIABILITY The Contractor agrees to indemnify the District against all liability or loss, and against all claims or actions based on or arising out of damage or injury (including death) to persons or property caused by or sustained in connection with the performance of this Agreement or by conditions created thereby, or based on any violation of any statute, ordinance, or regulation, and agrees to indemnify the District against the cost of defending any such claims or actions. The Contractor will indemnify the District against all liability in connection with, and will assume full responsibility for, payment of all federal, state, and local taxes and contributions or premium charges required under workers compensation, unemployment insurance, Social Security, and income tax laws with respect to the Contractor or any agent or employee of the Contractor. SECTION 13. REPRESENTATIONS AND WARRANTIES Contractor represents, warrants, and covenants to the District as follows (by initialing on the blank line): (a) Contractor has or will obtain all assumed business registrations or professional occupation licenses required by law for him to conduct business. Contractor has made a significant investment in time or money in Contractor s business. _ (b) Contractor filed federal and state income tax returns either as a business entity or using a business Schedule C as part of personal income tax returns and/or will file such returns for the years covered by this Agreement. (c) Contractor is engaged in an independently established business at a separate location from District, at the time he enters into this Agreement. Contractor holds itself out to the public, including through advertising, solicitation or other marketing efforts, that Contractor is operating as an independently established business. _ (d) Contractor bears the risk of loss under this Agreement and shall be required to correct defective work, warrant the Services provided and/or has liability insurance to cover any losses related to Contractor s Services._

5 SECTION 14. MODIFICATION OR AMENDMENT; ENTIRE UNDERSTANDING No amendment, change, or modification of this Agreement will be valid unless it is in writing and signed by the parties. This document and any exhibit attached constitutes the entire agreement and understanding of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. SECTION 15. UNENFORCEABILITY OF PROVISIONS If any provision of this Agreement, or any portion of it, is held to be invalid and unenforceable, then the remainder of this Agreement will nevertheless remain in full force and effect. The parties enter into this Agreement as of the date first written above. Grants Pass School District No. 7 Independent Contractor By: Its: By: Its: