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~ <br /> intergovernmental Agreement <br /> for <br /> Materials' Lab Testing Services <br /> City of Eugene <br /> City of Eugene Contract #2010-00202 <br /> THIS AGREEMENT is entered into by and between LANE COUNTY, a political <br /> subdivision of the State of Oregon, hereinafter referred to as COUNTY, and the CITY <br /> OF EUGENE, hereinafter referred to as CITY. <br /> RECITALS <br /> 1. In accordance with Lane Manual 21.124, 21.130, and by the authority granted <br /> in ORS 190.010 and the Lane County Home Rule Charter, units of local government <br /> may enter into agreements for the performance of any and all functions and activities <br /> that a party to the agreement, its officers or agents, have authority to perform. <br /> 2. The parties have determined that it is in their mutual interest for COUNTY to <br /> perform engineering services and testing on construction materials and soil samples for <br /> CITY on a reimbursement basis. <br /> AGREEMENTS <br /> BOTH PARTIES AGREE THAT: <br /> 3. The term of this agreement shall commence on July 1, 2009 and terminate on <br /> June 30, 2012. The amount of the agreement will not exceed $300,000 for the term of <br /> the agreement unless amended by mutual consent. However, this agreement may be <br /> terminated by either party upon 30 days' written notice to the other for any or no reason. <br /> 4. To the extent allowable by the Oregon Constitution, Oregon Revised Statutes <br /> and the Oregon Tort Claims Act, each of the parties hereto agrees to indemnify and <br /> save the other harmless from any claims, liability or damages including attorney fees <br /> arising out of or resulting from any error, omission or act of negligence on the part of the <br /> indemnifying party, its officers, or employees in the performance of this agreement. <br /> COUNTY SHALL: <br /> 5. INSOFAR AS COUNTY PERSONNEL ARE AVAILABLE, COUNTY shall <br /> perform requested Engineering and Materials Testing services. Engineering and <br /> Materials Testing services will be performed on projects and construction material <br /> samples as requested. Engineering data and material test results will be provided in a _ <br /> <br /> _ timely manner. Oral reports of test results will be immediately provided followed by a <br /> written report for each test. Testing services will be performed at the project site or <br /> within the Lane County materials laboratory, as circumstances dictate. <br /> <br />