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. <br /> 4. Upon completion of work, submit to CITY a billing for all incurred costs incurred in the performance. <br /> . of surface maintenance services on CITY streets. COUNTY wilt bill CITY for services following completion <br /> of the work. ~ ' <br /> 5. COUNTY agrees to provide surface maintenance on streets owned and operated by CITY. The <br /> scope of work and section of street(s) designated for work shall be specified in each CITY request. <br /> 6. COUNTY agrees to provide an estimate of costs, if requested by CITY for work under this <br /> agreement. <br /> ..CITY shall: <br /> 7. Upon receipt of billing,`reimburse COUNTY for all costs incurred within 30 days of billing. <br /> 8. Be responsible for selecting work sites only on roadways and rights-of-way dedicated to public <br /> use. <br /> BOTH PARTIES agree: <br /> 9. Each party working under this agreement is a subject employer under the Oregon Workers' <br /> Compensation-Law and shall comply with ORS 676.017, which requires each to provide Workers' <br /> . Compensation coverage for all its subject workers. Each party is also an independent contractor for the <br /> purposes of the Oregon Workers' Compensation Law (ORS Chapter 676) and is solely liable for its own <br /> Workers' Compensation coverage under this agreement. <br /> 10. The applicable provisions of the Lane Manual setting forth standard provision for public contracts <br /> (LM 21.130) are incorporated by this references as if fully set forth. <br /> 11: The cost of operational maintenance services to be provided by COUNTY will not exceed $60,000 <br /> during the term of the agreement. In the event this amount is not sufficient to continue services and both <br /> parties mutually agree, an amendment fo the agreement maybe executed with terms mutually agreeable <br /> to both. parties. <br /> 12. COUNTY will employ standard operating and safety procedures while providing surface <br /> maintenance services to CITY. In the event those procedures are followed and a damage claim is filed, <br /> CITY will, as between the parties hereto, assume liability for said claim. <br /> <br /> i INDEMNITY <br /> 13. Each of the parties agrees to defend; indemnify and hold the other harmless from and against all <br /> clairrrs, suits, actions, losses, damages, liabilities, costs and expenses, resulting from or arising out of any <br /> negligent performance or failure to perform on the part of the indemnifying party, its officers, employees or <br /> agents. The parties' indemnity and hold harmless obligations are subject to the limitations of the Oregon Tort <br /> Claims. Act and any applicable limitations of the Oregon Constitution.. <br /> TERM AND TERMINATION <br /> 14. The terms of this agreement shall be one (1) year in effect from the date of the final execution of <br /> Intergovernmental Agreement -Surface Maintenance Services <br /> City of Eugene/Lane County - 2 - <br /> <br />