GJN4048 Environmental Solutions Contract

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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 thereof on account of any labor or material famished. 2.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 3. Payment of Claims by Public Officers (ORS 279.314) 3.1 If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the public officer or officers representing the City of Eugene may pay such claims to the person furnishing the labor or services and chazge the amount of the payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim in the manner authorized shall not relieve the Contractor orhis/her surety from his or her obligations with respect to any unpaid claims. 4. Hours of Labor (ORS 279.316) 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 cases of necessity, emergency, or when the public policy absolutely requires it, and in such cases a laborer shall be paid at least time and a half for all overtime worked in excess of forty (40) hours in any one week, except for individuals under this contract who are excluded under ORS 653.010 to 653.261 or under 29 USC Sections 201-209 from receiving overtime. 5. Payment for Medical Care and Attention to Employees (ORS 279.320) 5.1 The Contractor shall promptly as due, make payment to any person, co-partnership or association or corporation famishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 5.2 The Contractor and all subject employers working under this contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126. 6. Labor Contract Conditions (Eugene Code, 1971, Section 2.030) 6.1 The Contractor shall comply with all the provisions required of contractors on a "public contract" as defined in ORS 279.310(1) and the requirement of Eugene Code Sections 4.615 to 4.655 concerning human rights. 6.2 The Contractor shall, in the event he/she willfully violates the provisions of sections 1 through 6, or knowingly files false affidavits of compliance, waive for a period of one year any right to bid upon any public works project let by the City. 6.3 If a Contractor or subcontractor violates the provisions of sections 1 through 6, the City may, at its option, terminate said contract or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his/her contract except to payment for actual labor and materials furnished to the City. The City may waive in whole or in part any forfeitures or sanctions provided in this pazagraph. 7. Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.) The Contractor shall: 7.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., and all regulations implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, or any later replacement for those regulations, directly or indirectly applicable to Contractor as a result of a contract with the City. Standard Contract Provisions for Personal Service Contracts -Page 2 (Revised July, 2001)