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<br /> 5. Contract Administration. Each party designates the following as its representative for purposes <br /> of administering this contract: <br /> Agency: Jeff Krueger <br /> Senior Landscape Planner <br /> LCOG <br /> 99 E. Broadway, Suite 400 <br /> Eugene, OR 97401 <br /> City: Eric N. Wold <br /> Wetlands Program Supervisor <br /> City of Eugene Public Works <br /> Parks and Open Space Division <br /> 1820 Roosevelt Blvd. <br /> Eugene, OR 97402 <br /> Either party may change its designated representative by giving written notice to the other as <br /> provided in paragraph 13. <br /> 6. Records/Inspection. Agency shall maintain records of its charges to City under this contract for a <br /> period of not less than three full fiscal years following Agency's completion of this contract. Upon <br /> reasonable advance notice, City or its authorized representatives may from time to time inspect, <br /> audit, and make copies of any of Agency's records that relate to this contract. If any audit by City <br /> discloses that payments to Agency were in excess of the amount to which Agency was entitled <br /> under this contract, Agency shall promptly pay to City the amount of such excess. If the excess is <br /> greater than 1 percent of the contract amount, Agency shall also reimburse City its reasonable costs <br /> incurred in performing the audit. <br /> 7. Indemnification. To the extent legally possible, Agency shall indemnify and hold City, its <br /> officers, agents, and employees, harmless from and against any and all claims, actions, liabilities, <br /> costs, including attorney fees and other costs of defense, arising out of or in any way related to any <br /> act or failure to act by Agency and Agency's employees, agents, officers, and contractors in <br /> connection with this contract. In the event any such action or claim is brought against City, Agency <br /> shall, upon City's tender, defend the same at Agency's sole cost and expense, promptly satisfy any <br /> judgment adverse to City or to City and Agency, jointly, and reimburse City for any loss, cost, <br /> damage, or expense, including attorney fees suffered or incurred by City. <br /> 8. Subcontracting. Agency shall not subcontract work under this contract, in whole or in part, <br /> without City's prior written approval. Agency shall require any approved subcontractor to agree, as <br /> to the portion subcontracted, to comply with all obligations of Agency specified in this contract. <br /> Notwithstanding City's approval of a subcontractor, Agency shall remain obligated for full <br /> performance of this contract and City shall incur no obligation to any subcontractor. Agency shall <br /> indemnify, defend, and hold City harmless from all claims of its contractors. <br /> 9. Assignment. Agency shall not assign this contract, in whole or in part, or any right or obligation <br /> hereunder, without City's prior written approval. <br /> Intergovernmental Purchase of Services Contract--Page 2 <br /> (Revised December 1997) <br /> <br />