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Z3 Not permit arty lien or claim 6o be filed or prosaarted against the City of Eugene or eery subdivision or agency or empbyec
<br /> thereof on account of any labor or material famished.
<br /> 2.4 Pay to the Departrndat of Revenue all sums withheld from employees pursuant to ORS 316.167.
<br /> 3. Payeeat of Chrims by PnbGc Officers (ORS 279314)
<br /> 3.1 ff the Coairacbr fm'ls, neglects or refuses to ataloc prompt payment of any dam far labor a services furnished to 1>re Contractor
<br /> or a suboontractac by any person in oaonection with the public contract as sudr claim becomes dues the pubhe officer or officers
<br /> represwting the City of Eugene may pay such claims to the person fwnis6ing the labor or services and drarge the amount of
<br /> the payment against fiords due or to become due the Contractor by i+eason of this oarihact. The payma?t of a claim is the
<br /> maoner~ audiorbed shall not relieve the Corrtiactor a' hisJher scaety firm his or her obligations widh respell tar any unpaid claims.
<br /> 4. Hours of Labor (ORS 27931
<br /> 4.1 No person shaII be employed for mere than eight (8) hours in any one day a forty (40) hours in any our wodc, accept in casts
<br /> of necessity, emergaxy, or whey the public potty absohrtely requaes 4 and in such ~ a laborer shall be paid at tieest tiara
<br /> and a half fa aIl avesm»e wotloed in rn~ of forty (40) haws in arry Doc woelc, except for individuals under this eoaArad who
<br /> are cxchided under ORS 653.010 to 653.261 or under 29 USC Sections ZOl 209 from receiving overtime.
<br /> S. Payment fsr Medical lire a¦d Atteatioa to Eegrbyas (ORS 279320)
<br /> 5.1 The Contractor shall promptly as due, make payment to any person, oo-partriershrp or association or eocporatioa fiuniSlnngg
<br /> 1, surgical, a4d hospkal cane or other needed care and motion, inadent to sidaress or injury, to fie employees of such
<br /> Contractor, of all sums which the ContracWr agrees to pay for such services and all monies and sums which fhe Contractor
<br /> collected or dcduded from the wages of enQbyees purs~rant 1o any law, c~atrad or agreement for the purpose of providing or
<br /> paying for such savicc.
<br /> 5.2 The Corrtiactar and all subject employers woddog under this Contrail are either empbyers that will comply with ORS 656.017,
<br /> or cmpbyers that are exempt under ORS 656.126.
<br /> 6. Labor Cartrsct Conditions (Eegeae Code,1971, Section 2.030)
<br /> 6.1 The Cmtractor shall Damply with aD the puvicioos requirod of contractors on a "public contract" as defned in ORS 279310(1)
<br /> and the requirement of Eugene Code Sections 4.615 to 4.635 concerning hump rights.
<br /> 62 The Contractor shall, in the event hdshe willfully violates the provisions of sedioes 1 through 6, or ]movingly files false
<br /> affidavits of oomp)ianoe, waive fur a period of one year any right to bid upon any pubfic works project let by the Cil~:
<br /> 6.3 if a Ceatractoror suboe~actar viols the provisions of sections 1 ihrnugh 6, the City may, at iLs option, temoioatc said oorrlrail
<br /> or suboonhact and said Con>zactar or suboonhac~or a such event shall forfeit all rights under his/her oonhail except to payment
<br /> for actual labor and materials fiunidred b the Cry. The Cry may waive in whole or in pert any foricidn+es a sanctions provided
<br /> in this paragraph.
<br /> 7. NoQdiscriarieatyon os the Basis of DairbiGty (Anericaoa wits Disabilities Act, 42 USC aec.121A1 et seq.)
<br /> . The Contractor sha1L•
<br /> 7.1 Comply with all requirmrents of the Americans with D Ail, 42 U.S.C. sec. 12101, d seq., and all regulatiais
<br /> impiementiog the Ail, especially irdrrdog those regulations set forth at 28 C.FR sea 35.130, or any later repiaoerneat far those
<br /> regulabons, directly or indirectly applradrk to Contractor as a result of a contract with the City.
<br /> 7.2 To the extent kga6y possible, Contractor shag indemnify and hold City, its offia:s, agents and employees, harmless from and
<br /> against any a»d all elairns, ailioos, tiabrT~, costs, inchrdiog coals of defensq arimg out of or in any way related to a~ acx or
<br /> faihue to ail by Contractor and Contractor's employes, agents, ofiieers and oontractois in coiineilion with Conttactar's
<br /> obligations concerning services, aid or benefits to be provided >b individua>s with disabr"lrtres'
<br /> . In the event any such action or
<br /> claim is brought against City, Coatrnctor upon City"s tender; defend the same at its sole cost and exparoti promptly satisfy
<br /> any judgment adverse to City or to City sad Contractor jointly, and reimburse City fa any bas, cost, damage or expense
<br /> (including legal fees) suffered or incurred by City. This right of indemnificction and to be held harmless shall be in addition
<br />
<br /> y` to, and not it ~ of any atherright that City may have under any statute, under the ooaurron law or under this contrail.
<br /> Standard Coirtract Provisiau for Personal Service Contracts -Page 2
<br /> (Revised Jay, 2001)
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