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Award SummaryPage 6 of 33
<br />recycled plastic resin products and recycled products as "recycled product" is defined in
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<br />ORS 279A.010(1)(ii).
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<br />13.0 CONFLICT BETWEEN PRICE AGREEMENT AND STATE AND FEDERAL LAW: Federal law applicable to
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<br />the Price Agreement or Contracts, or both, takes precedence over any conflicting State law.
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<br />Notwithstanding the foregoing order of precedence, if the conflict is between minimum
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<br />standards for quality, safety or similar attributes of the Services, the higher standards
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<br />shall apply.
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<br />14.0 FOREIGN CONTRACTOR: If the amount of any single Contract exceeds ten thousand dollars
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<br />($10,000), and if Contractor is not domiciled in or registered to do business in the State
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<br />of Oregon, Contractor shall promptly provide to the Oregon Department of Revenue all
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<br />information required by that Department relative to the Contract. Oregon Participants shall
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<br />be entitled to withhold final payment under the Contract until Contractor has met this
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<br />requirement.
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<br />15.0 TIME IS OF THE ESSENCE: Contractor agrees that time is of the essence for
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<br />Contractor's performance obligations under the Price Agreement and any Contract.
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<br />16.0 FORCE MAJEURE: Neither the State nor Contractor shall be held responsible for delay
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<br />or default caused by fire, riot, acts of God, war, or any other cause which is beyond the
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<br />Party's reasonable control. Contractor shall, however, make all reasonable efforts to
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<br />remove or eliminate such a cause of delay or default and shall, upon the cessation of the
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<br />cause, diligently pursue performance of its obligations under the Price Agreement. The
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<br />State may terminate the Price Agreement upon written notice after reasonably determining
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<br />that such delay or default will likely prevent successful performance of the Price
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<br />Agreement.
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<br />17.0 INSURANCE: During the Term of the Price Agreement, Contractor shall obtain prior to
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<br />the Effective Date of the Price Agreement, and maintain during the Term of the Price
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<br />Agreement, the insurance required as provided in Attachment C. With regard to workers'
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<br />compensation insurance, all employers, including Contractor, that employ subject workers
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<br />who work under the Price Agreement in the State of Oregon shall comply with ORS 656.017 and
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<br />provide the required workers' compensation coverage, unless such employers are exempt under
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<br />ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors, if
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<br />any, complies with these requirements.
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<br />18.0 FUNDS AVAILABLE AND AUTHORIZED; PAYMENTS: Contractor understands and agrees that an
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<br />Oregon Agency's payment of amounts under this Contract is contingent on the agency
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<br />receiving funding, appropriations, limitations, allotments or other expenditure authority
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<br />at levels sufficient to allow agency, in the exercise of its reasonable administrative
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<br />discretion, to make payments under this Contract.
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<br />19.0 INDEPENDENT CONTRACTOR STATUS; RESPONSIBILITY FOR TAXES AND WITHHOLDING:
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<br />19.1 Contractor shall perform all required Services as an independent Contractor. Although
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<br />the State reserves the right (i) to determine (and modify) the delivery schedule for the
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<br />Services to be delivered and the Services to be performed and (ii) to evaluate the quality
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<br />of the completed performance, Participant cannot and will not control the means or manner
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<br />of Contractor's performance. Contractor is responsible for determining the appropriate
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<br />means and manner of performing any Services required by this Contract.
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<br />19.2 If Contractor is currently performing work for the State of Oregon or the federal
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<br />government, Contractor by signature to this Contract declares and certifies that:
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<br />Contractor's Work to be performed under this Contract creates no potential or actual
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<br />conflict of interest as defined by ORS 244 and no State or federal rules or regulations
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<br />would prohibit Contractor's performance under this Contract. Contractor is not
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<br />an "officer", "employee", or "agent" of the State or any Authorized Agency or Independent
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<br />Agency, as those terms are used in ORS 30.265.
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<br />19.3 Contractor shall be responsible for all federal and state taxes applicable to
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<br />compensation or payments paid to Contractor under this Price Agreement and, unless
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<br />Contractor is subject to backup withholding, Participant will not withhold from such
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<br />compensation or payments any amount(s) to cover Contractor's federal or state tax
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<br />obligations. Contractor is not eligible for any social security, unemployment insurance or
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<br />workers' compensation benefits from compensation or payments paid to Contractor under this
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<br />Price Agreement, except as a self-employed individual.
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<br />20.0 INDEMNIFICATION:
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<br />20.1 CONTRACTOR SHALL DEFEND, SAVE, HOLD HARMLESS, AND INDEMNIFY THE STATE AND ITS
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<br />OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, PROCEEDINGS,
<br />https://orpin.oregon.gov/open.dll/showDocSummary?sessionID=1921160&disID=985529&docTy...6/10/2008
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