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09/10/1997 14:54 5032B94145 RS CLEMENTS PAGE 03 <br />~'~.`i <br />~V V~ <br />~~ <br />LETTER OF AGREEMENT <br />7HIS AGR~EMENT is entered into this 1st day of September, 1996 by and ~cai <br />subdivision of the State of Oregon, hereinafter caNed County, and Gardiner 8~ CI ~ <br />Associates, hereinafter called Contractor. <br />M~rion Couniy agrees to pay Gontractor for the following servi~es: Please .see attchment A titled~ Sc~pe of <br />Advisorv Services. <br />1`he Contractor agrees to perform these services for the periad of September 1~ 1996 !o co~tspletion. The Caunky <br />agrees ta pay to Contractor at the rate of $13~ 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 receip# of invaice in accordance with the current Marion County fiscal <br />policies and procedures, ~ <br />z. The arder for services is te be initiated by Marion County. <br />Th~ Contractor agrees to defend, indemnify and hold harmiess ti~e County, its officers, agents, and employees <br />from damages arising out of the tortious acts of the Con4ractor, its officers, agents, and employees acting within <br />the scope of their employment and duties in pertarmance of this agreement subject to the limitations and <br />conditions of the Oregon To~t CJaims Act, ORS 30.260 through 30.300, anC the Oregon Canstitution, Article XI, <br />5ection 7. <br />4. The Contracto~ sh~ll Cany comprehensive general liability insurance, workers' compensation insurance, and if <br />appllcable equipment insurance and automobile insurance with propecry damage/bodily injury coverage. <br />5. The Counry, pursuant to applicable provisions of ORS 30.260 to 30.300, maintains a se(f-insurance program which <br />provides property damage and personaf injury cover~ge. <br />6. This agreement is dependent upon availabllity of funding. <br />7. Th~ Contractor agrees to compty with !he 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 Vt 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 deni~d the <br />benefits of, or oth~rwise be subjected ta discrimination under any program or activjry which received or benefits <br />~. • from.federal financial assistance." The Contractor also agrees to camply with the applicable provisions of ORS <br />. 27~.~'1 fi. <br />.~. <br />~~ tract may be terminated with or without cause with 30 day's written notice by either party and delivered by <br />-' ~ ~ ifi~d' mai1. <br />~ ~~~ ~CONTRqCTOR DEPARTMENT <br />ignatu date Oepartment Head date <br />Addrpss: <br />TAX I.D,# <br />A ROVED Afi..~@, FORM <br />~ ~, f L ' - <br />~ <br />--~~ / ~ ~ ' ' -~ ~'~ - `~C ,,..~ <br />Contracts Coar inator date <br />APPROVED AS TO FORM <br />.r._., ~~:,.._ s~„~ ~..~.~,., 1~ ~~.~,,.`„w ~ l`iY4 <br />legel Counsel ~J date <br />