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~ • LETTER OF AGREEMENT <br />THIS AGREEMENT is entered into this 1st day of September, 1996 by and between Marion County, a political <br />subdivision of the State of Oregon, hereinafter called County, and Gardiner & Clancy L.L.C. 8~ R.S. Clements & <br />Associates, hereinafter called Contractor. <br />Marion County agrees to pay Contractor for the foilowing services: Please see attchment A titled: Scope of <br />Advisor~r Services. <br />The Contractor agrees to perform these services for the period of September 1, 1996 to completion. The County <br />agrees to pay to Contractor at the rate of $135 per hour for these services. The sum of $25,000 is the maximum amount <br />obligated by the County for the identified services under this agreement. <br />1. Payment to Contractor will be made upon receipt of invoice in accordance with the current Marion County fiscal <br />policies and procedures. <br />2. The order for services is to be initiated by Marion County. <br />3. The Contractor agrees to defend, indemnify and hold harmless the County, its officers, agents, and employees <br />from damages arising out of the tortious acts of the Contractor, its officers, agents, and employees acting within <br />the scope of their employment and duties in performance of this agreement subject to the limitations and <br />conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article XI, <br />Section 7. <br />4. The Contractor shall carry comprehensive general liability insurance, workers' compensation insurance, and if <br />applicable equipment insurance and automobile insurance with property damage/bodily injury coverage. <br />5. The County, pursuant to applicable provisions of ORS 30.260 to 30.300, maintains a self-insurance program which <br />provides property damage and personal injury coverage. <br />6. This agrEement is dependent upon availability of funding. <br />The Contractor agrees to comply with the Civil Rights Act of 1964, and 1991, Americans with Disabilities Act of <br />1990, and Section 504 of the Rehabilitation Act of 1973, and Title VI as implemented by 45 CFR 80 and 84 which <br />states in part, "No qualified person shall on the basis of handicap be excluded from participation in, be denied the <br />benefits of, or otherwise be subjected to discrimination under any program or activity which received or benefits <br />from federal financial assistance." The Contractor also agrees to comply with the applicable provisions of ORS <br />279.316. <br />This contract may be terminated with or without cause with 30 day's written notice by either party and delivered by <br />certified mail. <br />CONTRACTOR DEPARTMENT <br />~ - ~~,. , ~ ~ ~ ~ c~ ~-~ <br />ignature date Department Head ~ date <br />Address: I( SIJ Lt~ ~ d's'f ~tJG, ~~O ~ A ROVED AS._~ FORM <br />~ //' \j~ <br />~orT_ ~ Q.r.e~~_~[~ q Z ~9 <br />~ <br />Qt -ri~~~~/ ~~- ~C - i C <br />Q (' Contracts Coor inator date <br />TAX I.D.# -1 3' I ~ g15 7d~ APPROVED AS TO FORM <br />~`---. L~l~i-t- ~~.--r-~ ~--1.,li.. i •'j 7 l.lc.'a i-y, (~-~-~ /C~ ~U <br />Legal Counsel date <br />