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City /State <br /> Agreement No. 26470 <br /> 1. Both Parties shall, to the extent permitted by the Oregon Constitution and <br /> subject to the limitations of the Oregon Tort Claims Act, indemnify, <br /> defend, save, and hold the other harmless, the State of Oregon, Oregon <br /> Transportation Commission and its members, Department of <br /> Transportation, City of Eugene, its officers and employees from any and <br /> all claims, suits, and liabilities which may result from the performance of <br /> activities contemplated herein by State or City or its officers, employees, <br /> or direct agents. <br /> 2. City, its subcontractors, if any, and all employers working under this <br /> Agreement are subject employers under the Oregon Workers <br /> Compensation Law and shall comply with ORS 656.017, which requires <br /> them to provide workers compensation coverage for all their subject <br /> workers. <br /> 3. City acknowledges and agrees that State, the Oregon Secretary of State's <br /> office and the federal government and their duly authorized <br /> representatives shall have access to such plans and reports of City <br /> concerning maintenance performed on the GCP and proposed viaduct <br /> that are pertinent to this Agreement to perform examinations and audits <br /> and make excerpts and transcripts. City shall retain and keep all files <br /> and records for a minimum of three years following termination of the <br /> Agreement. <br /> 4. City shall comply with all federal, state and local laws, regulations, executive <br /> orders and ordinances applicable to the work under this Agreement, <br /> including, without limitation, the provisions of ORS 279.312, 279.314, <br /> 279.316, 279.320, and 279.555,by this reference made a part hereof. <br /> Without limiting the generality of the foregoing, City expressly agree to <br /> comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the <br /> Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of <br /> 1990 and ORS 659.425; (iv) all regulations and administrative rules <br /> established pursuant to the foregoing laws; and (v) all other applicable <br /> requirements of federal and state civil rights and rehabilitation statutes, <br /> rules and regulations. <br /> 5. City represents that this Agreement has been signed by City personnel duly <br /> authorized to do so by the City Council. <br /> 6. This Agreement is subject to the provisions of the Single Audit Act of 1984 <br /> (49 CFR, Part 90) as stated in Circular A -128 of the United States Office <br /> of Management and Budget. <br /> 7. This Agreement may be terminated by mutual written consent of both parties. <br /> State may terminate this Agreement effective upon delivery of written <br /> Key 14259 Page 8 of 14 <br />