Financial- Century West (File1-2)

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~ ~ The Salem Area Mass Transit District, a body politic and municipal corporation within the State of Oregon, has agreed to purchase an interest in the real property on which Courthouse Square shall be built. The Salem Area Mass Transit District is a third party beneficiary of this Agreement. 5. As of April 24, 1997, Engineer had performed and billed for services in the total amount of ~101,986.08. Engineer has been paid ~22,724.16 by Courthouse Square, Inc. The balance due as of April 24, 1997, was $79,261.92. Promptly upon execution of tl~is agreement, Marion County will proceed to pay the balance due. Tl~is shall be payment in full for all services rendered and billed by Engineer under this a~reement as of April 24, 1997. No claim shall be made by Engineer for payment from Dan Berrey or Courthouse Square, Inc. 6. Engineer is an independent contractor. Engineer is solely responsible for payment of any and all federal and state taxes and assessments of whatever kind, including but not limited to social security, unemployment compensation, workers' compensation, and taxes, applicable to itself, its officers, ajents and employees. En~ineer will obtain and maintain at all times during the term of this contract workers' compensation insurance covering its employees and agents while carrying out duties under this agreement. 7. Engineer agrees to comply with the Civil Rigl~ts Act of 1964 and Sectioti 504 of the Rehabilitation Act of 1973 as implemented by 45 CFR ~4.4, whicll states in part, "No qualified person shall on the basis of handicap be excluded from participation in, be denied benefits of, or otherwise be subjected to discrimination under any projram or activity which received or benefits from Federal financial assistance." 8. It is the policy of Marion County to promote equal opportunity to all persons regardless of race, color, religion, national origin, sex, a~e or handicap, in respect to employement, public services, facilities, pro~rams and accomodatio~ls. This policy is reinforced by obligations assumed by the county as a condition of receipt of federal and state revenue sharing. This policy thus becomes an obli~ation which must be assumed by the Engineer as well, as defined in Section 504 of the Rehabilitation Act of 1973 and Title IV of the Civil Rights Act of 1964. _ 9. Engineer agrees to comply with the terms of ORS 279.310 throu~h 279.316 and 279.320, which shall be deemed incorporated herein by reference. 10. Marion County is the owner of the land on which the Courthouse Square project will be built. The transit district is purchasing an interest in the land, and will be an owner of a portion of the completed project. The project is financed, in part, through a grant from the Federal Transit Administration to the transit district. The total amount of federa( funds to be expended for compensation payable to Engineer under this agreement is estimated to be $_unknown_ (subject to FTA approval), and shall not exceed 42% of the total compensation payable to Engineer. As a consequence of the federai participation in the project, federal rec~uirements are applicable to the project. The federal requirements are attacl~ed as an Addendum to this agreement and Engineer agrees that, in connection with work on this project contemplated by this agreement, Engineer will comply witl~ the federal requirements in the Addendum. The