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2004-00218 Ltrs
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2004-00218 Ltrs
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Last modified
11/24/2010 8:47:46 AM
Creation date
11/12/2010 1:50:12 PM
Metadata
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Template:
PW_Contract
COE_Contract_Number
2004-00218
PW_Document_Type_Contract
Correspondence
Contract Status
Active
Organization
Cities of Springfield, Eugene & Median
PW_Department
Public Works
Contract_Administrator
Aanderud
Contract_Manager
Eric Wold
Is Permanent?
No
External_View
No
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00 00 <br />accomplished under the Study for the ensuing federal fiscal year, the manner iii which the work will <br />be accomplished, the budget for the work, the respective responsibilities of the !Department and each <br />Local Government for providing work -in -kind or cash for the payment of thei work, the manner in <br />which Excess Study Costs will be identified and avoided and such other matters as the parties deem <br />necessary to establish their respective responsibilities under the FCSA for the impending federal <br />fiscal year. The budget for the work and the respective obligations of the parties for payment or <br />performance of the work shall be set forth in writing and signed by the representative of each Local <br />Government charged with responsibility for payment or performance and shall become a binding part <br />of this Agreement. Thereafter, the budget for the Study shall not be amended except by a written <br />change order that assigns the respective responsibilities of each party for the change in work or <br />payment therefore and signed by the representative of each party that will be'responsible for such <br />payment or performance. j <br />(d) Right of Control. Each party covenants and agrees that: <br />(i) As between them, the Local Government that is primarily responsible for the <br />Sponsors' share of a study expense or for the performance of the work shall have the right of final <br />approval of any Sponsors' recommendation concerning that work; <br />(ii) Each party will oppose any proposal for work to be performed by another party unless <br />that party agrees to perform the work; and <br />(iii) Each party will oppose any proposal that will result in the incurrence of an <br />expenditure unless the parties can agree as to which party will pay for the expenditure. <br />SECTION 3. Term of Agreement. <br />(a) Term of Agreement. The term of this Agreement shall commence on the date signed by any <br />two of the parties and shall expire when the FCSA Study is completed, or, if earlier on the date on <br />which only one of the parties to this Agreement is a Sponsor under the FCSA <br />(b) Withdrawal. A party may terminate its participation in this Agreement with the consent of <br />the other parties, or by withdrawing from participation in the FCSA and in no !,other way. <br />(c) Survival. A party's liability for obligations incurred under this Agreement shall survive the <br />termination of this Agreement or the party's withdrawal from this Agreement until satisfied or <br />extinguished by payment, performance or the lapse of time. <br />SECTION 4. Status of Personnel and Subcontractors. <br />(a) Independent Contractors. Each of the parties shall be deemed toy be an independent <br />contractor with respect to any Study work -in -kind for which that party assumes responsibility and <br />shall be solely responsible for the engagement, employment, supervision, safety and performance of <br />its employees and subcontractors. <br />Intergovernmental Agreement — Eugene - Springfield Metropolitan Waterways Study I Page 3 <br />
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