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<br /> 2.3 Not permit any lien or claim to be filed or prosecuted against the City of Eugene or any subdivision or agency or employee
<br /> thereof on account of any labor or material furnished.
<br /> 2.4 Pay to the Department of Revenue all sums withheld from employees pwsuant to ORS 3 16.167.
<br /> 3. Payment of Claims by Public Officers (ORS 279314)
<br /> 3'.1 If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the
<br /> Contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the public
<br /> officer or officers representing the City of Eugene may pay such claims to the person furnishing the labor or services and
<br /> charge the amount of the payment against funds due or to become due the Contractor by reason of this contract. The
<br /> payment of a claim in the manner authorized shall not relieve the Contractor or his/her surety from his or her obligations
<br /> with respect to any unpaid claims.
<br /> 4. Hours of Labor (ORS 279.316)
<br /> 4.1 No person shall be employed for more than eight (8) hours in any one day or forty (40) hours in any one week, except in
<br /> cases of necessity, emergency, or when the public policy absolutely requires it, and in such cases a laborer shall be paid
<br /> at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except for individuals under
<br /> this contract who are excluded under ORS 653.010 to 653.261 or under 29 USC Sections 201-209 from receiving overtime.
<br /> 5. Payment for Medical Care and Attention to Employees (ORS 279320)
<br /> S. i The Contractor shall promptly as due, make payment to any person, co-partnership or association or corporation furnishing
<br /> medical, surgical, and hospital caze or other needed care and attention, incident to sickness or injury, to the employees of
<br /> such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the
<br /> Contractor collected or deducted from the wages of employees pwsuant to any law, contract or agreement for the purpose
<br /> of providing or paying for such service.
<br /> 5.2 The Contractor and ati subject employers working under this contract are either employers that will comply with ORS
<br /> 656.017, or employers that are exempt under ORS 656.126.
<br /> 6. Labor Contract Conditions (Eugene Code, 1971, Section 2.030)
<br /> 6.1 The Contractor shall comply with all the provisions required of contractors on a "public contract" as defined in ORS
<br /> 279.310(1) and the requirement of Eugene Code Sections 4.615 to 4.655 concerning human rights.
<br /> 6.2 The Contractor shad, in the event he/she willfully violates the provisions of sections 1 through 6, or knowingly files false
<br /> affidavits of compliance, waive for a period of one year any right to bid upon any public works project let by the City.
<br /> 6.3 If a Contractor or.subcontractor violates the provisions of sections 1 through 6, the City may, at its option, temunate said
<br /> contract or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his/her contract
<br /> except to payment for actual labor and materials furnished to the City. The City may waive in whole or in part any
<br /> forfeitures or sanctions provided in this paragraph.
<br /> 7. Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.)
<br /> The Contractor shall:
<br /> 7.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., and all regulations
<br /> implementing the Act, especially including those regulations set forth at 28 C.F.R sec. 35.130, or any later replacement
<br /> for those regulations, directly or indirectly applicable to Contractor as a result of a contract with the City.
<br /> 7.2 To the extent legally possible, Contractor shall indemnify and hold City, its officers, agents and employees, harmless from
<br /> and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to
<br /> any act or failure to act by Contractor and Contractor's employees, agents, officers and contractors in connection with
<br /> Contractor's obligations conceming services, aid or benefits to be provided to individuals with disabilities. In the event
<br /> any such action or claim is brought against City, Contractor shall, upon City's tender, defend the same at its sole cost and
<br /> expense, promptly satisfy any judgment adverse to City or to City and Contractor jointly, and reimburse City for any loss,
<br /> cost, damage or expense (including legal fees) suffered or incwred by City. This right of indemnification and to be held
<br /> harmless shall be in addition to, and not in replacement of any other right that City may have under any statute, under the
<br /> common law or under this contract.
<br /> Standard Contract Provisions for Personal Service Contracts -Page 2
<br /> (Revised July, 2001)
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