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4 _ <br />I have been waiting to see the reed contract, but it hasn't arrived yet. Will please forward these requests to the <br />folks at the City so they can make the changes and resend the contracts to us? THANKS If you email it to them, will <br />you cc me so I have their email addresses. THANKS <br />- - - -- Original Message - - -- <br />From: WILSON Teresa 3 <br />Sent: Tuesday, July 13, 2004 5:44 PM <br />To: SCHROEDER Lynne M <br />Subject: City of Eugene Contract, LCITS # 3405 <br />Lynn, I am picking up some contract work while Trina is on vacation. <br />This contract for supervised youth work raised some issues for me: <br />1. The "Agency" should be "Lane County" , not "Lane County Youth Services ". Lane County Youth Services is not a <br />legal entity with the authority to enter into contracts. (Not a problem to change - though the last contract was made this <br />way - TLH) <br />2. 1 am not pleased with the indemnity clauses. They show up in both paragraphs 7 and 8. <br />Generally, with Intergovernmental Agreements, we much prefer a clause that is mutual, such as: <br />Each of the parties agrees to indemnify and save the other harmless from any claim, liability or damage <br />resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers or <br />employees in the performance of its responsibilities under this agreement. The parties' indemnity and hold <br />harmless obligations are subject to the limitations of the Oregon Tort Claims Act and the Oregon <br />Constitution. <br />The first sentence in paragraph 7 takes on liability for contractors, which is beyond what we can do under the Oregon <br />Constitution; however, because it states "to the extent legally possible ", so we could live with this if necessary. The <br />second sentence, though, bothers me in that is provides we will satisfy any judgment adverse to the City, even if the <br />judgment is a result of City inappropriate action. There is no limitation there. <br />Paragraph 8 also provides in the last sentence that we will indemnify and defend the City from all claims of its <br />contractors (without even being clear who "its is referring to). I recommend deletion of this sentence. <br />Lisa will be returning this contract to you. If, you have any questions, please call me. <br />