This Agreement is made and entered into, in duplicate

INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND TILLAMOOK SCHOOL DISTRICT #9 SCHOOL NURSING SERVICES This Agreement is made and entered into, in duplicate originals, by and between TILLAMOOK SCHOOL DISTRICT #9, hereafter "School District" and Tillamook County, a political subdivision of the State of Oregon, hereafter "County", pursuant to ORS 203.010. RECITALS Whereas. School District desires to contract with County for the provision of school nursing services; and Whereas, County is willing to provide said school nursing services under the terms and conditions set forth herein. WITNESSETH NOW THEREFORE, it is hereby agreed by and between the parties as follows: the mutual promises of each party are given in exchange and as consideration for the promises of the other party. SECTION 1.0 1.1 COUNTY'S RIGHTS DUTIES AND AUTHORITIES The County will provide school nursing services for School District, as mutually agreed by and between the individual school building principal and County in accordance with all applicable Department of Education Guidelines on School Health Services. The County will have nurses available a minimum of eighteen (18) hours per week, inclusive of travel time to and from Tillamook School District, for total contracted hours of six hundred eighty-four (684) hours per school year at the rate of Fifty-One – 17/100 ($51.17) Dollars per hour. Any services provided over the six hundred eighty-four (684) hours per year will be invoiced at Sixty ($60) Dollars per hour. School District must pre-authorize, in writing, all hours worked by County beyond contracted amount. 1.2 1.3 Page 1 of 5 - INTERGOVERNMENTAL AGREEMENT Tillamook County and Tillamook School District #9 – School Nursing Services INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND TILLAMOOK SCHOOL DISTRICT #9 SCHOOL NURSING SERVICES SECTION 2.0 2.1 SCHOOL DISTRICT'S RIGHTS, DUTIES AND AUTHORITIES Based on the listed minimum hours, the School District shall pay the County the sum of Thirty-Five Thousand ($35,000) Dollars per school year, payable in four (4) installments. Payments will be in the amount of Eight Thousand Seven Hundred and Fifty ($8,750) Dollars payable on August 1, November 1, February 1 and May 1 of each year. The School District shall provide all equipment, facilities and supplies reasonably necessary for performance of any nurse's work under this Agreement. The School District shall provide any other information reasonable and necessary for County to perform the services associated with this Agreement. INSURANCE 2.2 2.3 SECTION 3.0 3.1 Each party agrees to maintain insurance sufficient to meet sums specified by ORS 30.270. County coverage will be provided under provisions of Federal Tort Claim Act (FTCA). LIABILITY; INDEMNIFICATION SECTION 4.0 4.1 Each party shall indemnify and hold harmless the other party from all claims, costs, damages or expenses of any kind, including attorneys' fees and other costs and expenses of litigation, for personal or property damage arising out of that party's performance required by this Intergovernmental Agreement. It is the intent of this section that each party assumes any and all liability for its respective torts, errors and omissions. EFFECTIVE DATE SECTION 5.0 5.1 This Agreement shall be effective on July 1, 2009. TERM SECTION 6.0 6.1 The term of this Agreement shall cover the 2009-2010 and 2010-2011 school years starting from the effective date and continue in force and effect until June 30, 2011, or by termination pursuant to the provision of Section 7.0 of this Agreement. By mutual consent this Agreement may be extended for two (2) additional two (2) year terms. Page 2 of 5 - INTERGOVERNMENTAL AGREEMENT Tillamook County and Tillamook School District #9 – School Nursing Services INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND TILLAMOOK SCHOOL DISTRICT #9 SCHOOL NURSING SERVICES SECTION 7.0 7.1 TERMINATION Without Notice 7.1.1 The parties mutually consent to termination in writing. Without Notice 7.2.1 Any party breaches any duty, term or condition of this Agreement. 7.2.2 Either party commits a fraud or misrepresentation upon the other party. 7.2.3 Either party gives thirty (30) days written notice. GENERAL PROVISIONS 7.2 SECTION 8.0 8.1 Waiver; Modification Failure by County to enforce any provision of this Agreement does not constitute County's continuing waiver of that provision, any other provision or of the entire Agreement. The rights and duties under this Agreement shall not be modified, delegated, transferred or assigned, except upon the written, signed consent of both parties. 8.2 Attorney's Fees Attorney fees, costs and disbursements necessary to enforce this Agreement through mediation, arbitration and/or litigation, including appeals, shall be awarded to the prevailing party, unless otherwise specified herein or agreed. 8.3 Legal Representation In entering into this Agreement, each party has relied solely upon the advice of their own attorney. Each party has had the opportunity to consult with counsel or now waives that right. Each party represents and warrants to the other that they are fully satisfied with the representation received from their respective attorneys. 8.4 Notices Any notice required or permitted under this Agreement shall be in writing and deemed given when: 8.4.1 Actually delivered, or 8.4.2 Three (3) days after deposit in the United States Post Office, certified mail, postage prepaid, addressed to the other party at their last known address. Page 3 of 5 - INTERGOVERNMENTAL AGREEMENT Tillamook County and Tillamook School District #9 – School Nursing Services INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND TILLAMOOK SCHOOL DISTRICT #9 SCHOOL NURSING SERVICES 8.5 Language The headings of the Agreement paragraphs are intended for information only and shall not be used to interpret paragraph contents. All masculine, feminine and neuter genders are interchangeable. All singular and plural nouns are interchangeable, unless the context requires otherwise. 8.6 Integration This Agreement supersedes all prior oral or written Agreements between School District and County regarding this site. It represents the entire Agreement between the parties. Time is of the essence in all terms, provisions, covenants and conditions in this Agreement. 8.7 Savings Should any clause or section of this Agreement be declared by a Court to be void or voidable, the remainder of this Agreement shall remain in full force and effect. 8.8 Jurisdiction; Law This Agreement is executed in the State of Oregon and is subject to Tillamook County and Oregon law and jurisdiction. Venue shall be in Tillamook County, Oregon, unless otherwise agreed by the parties. ///// ///// ///// Page 4 of 5 - INTERGOVERNMENTAL AGREEMENT Tillamook County and Tillamook School District #9 – School Nursing Services INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND TILLAMOOK SCHOOL DISTRICT #9 SCHOOL NURSING SERVICES IN WITNESS WHEREOF, County and the School District have executed this Agreement on the days noted below. Approved as to form and content this 22nd day of June, 2009. DATED this ____ day of ____________________, 2009. TILLAMOOK SCHOOL DISTRICT #9 __________________________________ Randy Schild, Superintendent 8825 Officer's Row Tillamook, Oregon 97141 (503) 842-4414 DATED this ____ day of __________________, 2009. THE BOARD OF COMMISSIONERS FOR TILLAMOOK COUNTY, OREGON Aye Nay Abstain/Absent _________________________________ Tim Josi, Chair ___ ___ ______/______ _________________________________ Mark Labhart, Vice-Chair ___ ___ ______/______ _________________________________ Charles J. Hurliman, Commissioner ATTEST: Tassi O’Neil, County Clerk ___ ___ ______/______ APPROVED AS TO FORM: By: _____________________________ Special Deputy _______________________ William K. Sargent County Counsel Page 5 of 5 - INTERGOVERNMENTAL AGREEMENT Tillamook County and Tillamook School District #9 – School Nursing Services