This agreement is entered into between Chemeketa Community College (Chemeketa) and the Marion County Parks Department (County) for the following purposes.
It is the perception of the parties to this agreement that increased recreational, scientific, educational benefits will accrue to the community if the parties to this agreement coordinate and cooperate in the long-term use of Bonesteele Park (Park). Long term is intended to mean indefinitely, but for the purposes of this contract, the initial term is 10 years with the option of both parties to extend this agreement indefinitely as they determine appropriate. Because this cooperation is part of an ecology restoration effort, the results of current activities will not be known for some time. In addition, the ecology of the park will change as well, in part by nature and in part by man's activities. It is expected that this agreement will facilitate the study of our effort and our understanding of this evolution. In effect, besides being a park for citizens to enjoy nature hikes and outings, this park will be an environmental laboratory for students from Chemeketa Community College.
The agreement is intended to establish the terms of our currently perceived long term relationship. The primary purpose of this relationship is to serve the common interests of both parties and our community.
It is understood that this is not an exclusive relationship, and that in fact, Bonesteele Park is intended as an environmental laboratory for students from pre-school to graduate school, as well as a natural park for all citizens of the community.
Bonesteele Park is located on the Aumsville Highway, approximately four miles east of I-5 and Highway 22 in T8S, R2W, Sec. 16 of Marion County, Oregon.
Under the terms of this agreement,
A. Chemeketa shall:
1) Inform the county of all studies to be implemented at Bonesteele Park.
2) Engage only in non-destructive uses of the Park such a faunal and floral surveys, ecological sampling, collection of plants and animals for in-lab study and other course-related activities.
3) Share with the County all information and findings gathered related to the Park.
4) Not disturb or interfere with the restoration implementation effort outlined in the Bonesteele Park Restoration Plan and its subsequent amendments.
5) Meet with the County and other interested parties periodically to share plans and experience related to the Park.
6) Provide a Chemeketa logo for placement at the Park by the County.
B. County shall:
1) Provide access for class studies and individual (student and faculty) research.
2) Implement the Bonesteele Park Upland Prairie and Forest Restoration Plans.
3) Post a sign with Chemeketa's logo acknowledging this cooperative effort.
4) Establish monumentation for a permanent transect system.
5) Meet periodically (minimum once per year) with Chemeketa and the other partners to share status and proposals for the Park.
C. General:
1) Each party agrees to indemnify the other from each and every claim which the indemnitor would be legally liable to pay if: (a) a claim asserting the same loss or injury were made directly against the indemnitor, whether or not such a direct claim is actually made; and (b) the loss or injury sustained by the claimant resulted from the acts, errors or omissions of the indemnitor or those for whose actions the indemnitor is legally responsible. This mutual right to indemnity is in addition to and not in lieu of any other right of contribution or indemnity which may exist in favor of either party under Oregon law; and the right to indemnity extends to officers, employees and agents of the indemnitee party for claims made against them because of their actions or capacity as such. "Indemnify", as used herein, means to indemnify, defend and save harmless.
2) Each party shall comply with all applicable laws and administrative rules for the protection of persons and property, including employees who may be affected by its operations hereunder.
3) Each party shall maintain its status as an insured or self-insured employer in compliance with the Workers' Compensation coverage requirements of ORS Chapter 656.
4) This agreement may be modified by mutual consent.
5) This agreement may be terminated by either party upon 1 year notification.
6) This agreement is effective from the date of the last signature of all parties and shall continue for an initial period of ten years. Thereafter, this agreement shall be automatically renewed on a yearly basis unless either party notifies the other, in writing, of its intent not to renew at least 180 days prior to the termination date of the renewal period.
This agreement and any changes, alterations, modifications, or amendments to it shall not be effective until approved in writing by the appropriate representative of the parties hereto.
It witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below.
Chemeketa Community College Marion County Board of Commissioners
President Date Chair Date
Dean, Campus-Based Instruction Date Commissioner Date
Director, Public Safety, Risk Date Commissioner DateManagement, Contracts
Marion County Parks Director Date
Marion County Legal Counsel Date
Contracts Coordinator Date
*Agreement was executed May 5, 1999.