New Search
GENERAL PROVISIONS <br /> 1. The parties shall. cooperate in exchanging information and making public <br /> announcements so as to facilitate effective administration of the tax and maintain <br /> consistency in public announcements and information. <br /> 2.__-In order to insure consistency in the administration of-the tax, each-party shall-notify <br /> the other in writing of any change in the Eugene Ordinance number 20278 and City <br /> Code, Chapter 3.465, and in state or local regulations or rulings related to the tax at <br /> <br /> - least-thirty {30) days priorto the effective-date of such change.- - - <br /> 3. This agreement may be terminated by either party upon 90 days' notice, in writing <br /> and delivered by certified mail. or in person.. <br /> 4. ODOT may terminate this agreement on 30 days notice to the extent permitted by <br /> law, effective upon delivery of written notice to City or at such later date as may be <br /> established by ODOT, under any of the following conditions: <br /> a. If ODOT fails to receive funding, appropriations, limitations or other expenditure <br /> authority at levels sufficient to pay for the work provided in the agreement. <br /> b. If Federal or State laws, regulations or guidelines are modified or interpreted in <br /> such a way that either the work under this agreement is prohibited. <br /> Any- termination of this agreement shall not prejudice any rights or obligations <br /> accrued to the parties prior to termination. <br /> 5. To the extent permitted by the Oregon Tort Claims Act, and by the Oregon <br /> Constitution, ODOT shall indemnify and hold City, and its officers, agents, and <br /> employees harmless from and against any and all claims, actions, liabilities, costs, <br /> .......including attorney fees .and other.. costs of .defense, arising__out of or_ in ...any.. way <br /> related to any act or failure to act by ODOT and its employees, agents, officers and <br /> contractors in connection with this Agreement. <br /> 6. City acknowledges and agrees that ODOT, the Secretary of State's Office of the <br /> State of Oregon, the federal government, and their duly authorized representatives <br /> shall have access to the books, documents, papers., and records of City which are <br /> directly pertinent to the specific agreement for the purpose of making audit, <br /> examination, excerpts, and transcripts for a period of three years after final payment. <br /> Copies of applicable records shall be made available upon request. Payment for <br /> costs of copies is reimbursable by ODOT. <br /> 7. This agreement and attached exhibit A constitute the entire agreement between the <br /> parties on the subject matter hereof. There are no understandings, agreements, or <br /> representations, oral or written, not specified herein regarding this agreement. No <br /> waiver, consent, modification or change of terms of this agreement shall bind either <br /> <br />