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... . . ~ <br />LSTTBR OF AGREEMENT <br />~ <br />THIS AGREEMENT is entered into this 1st day of September, 1896 by and between Marion County, a political <br />subdivision of the State of Oregon, hereinafter called County, and Ganiiner 8 Clancy L.L.C. 3~ R.S. Clements 8 <br />Associates, hereinafter called Contractor. <br />Marion Counry agrees to pay Contractor for the following services: Pleaae see attchment A t!tled: Scg~ot <br />Advisorv Services. <br />The Contractor agrees to perform these services for the period of September 1, 7996 to compietion. The County <br />agrees to pay to Contractor at the rate of;135 per hour for these services. The sum of 525,000 is the maximum amount <br />obligated by the County for the identified services under this agreement. <br />Payment to Contractor will be made upon receipt of invaice 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 employess acang 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 30.2fi0 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/bodi~y injury coverage. <br />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 wfth the Civii 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 excfuded from participation in, be denied the <br />benefits of, or othenvise be subjected to discrimination under any program or activity which received ar benefits <br />from federal financial assistance." The Contractor also agrees to comply with the applicable provisions of ORS <br />279.316. <br />8. 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 />CONT ACTOR DEPARTMEIVT <br />~ t-g~97 '~.._ ~~ 4~~_,4_ ~~ -3~ ~~ <br />ignatu date Department Nea~~ date <br />Address: ! t S1J Ic~ ~'~, ,rs'f ~dG. ~4~D 1 A~j ROVED A FORM <br />~nr'f I e....l ~ Q~ q 7~Q~ C I -(7 <br />7 <br />a Cantracts Coo nator date <br />TAX l.D.# "! 3' I I SSI ~Q~ APPROVED AS TO FORM <br />.~~. ~~.-,_ ~-~.,~L~.~, .~~ ~-.r,~, ~yy~ <br />Legal Counsel date <br />