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3.3 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 />3.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
<br />4. Payment of Claims by Public Officers (ORS 279.314)
<br />If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor
<br />or a subcontractor by any person in connection with the public contract as such claim becomes due, the public officer or officers
<br />representing the City of Eugene may pay such claims to the person furnishing the labor or services and charge the amount of the
<br />payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim in the manner
<br />authorized shall not relieve the Contractor or his/her surety from his or her obligations with respect to any unpaid claims.
<br />5. Hours of Labor (ORS 279.316)
<br />All persons employed must receive at least time and a half pay for work performed on the legal holidays specified in a collective
<br />bargaining agreement or in ORS 279.334 (1)(a)(C)(ii) to (iv) and for all time worked in excess of 10 hours a day or in excess of
<br />40 hours in a week, whichever is greater. The Contractor must give notice to employees who perform work on this contract, in
<br />writing, either at the time of hire or before commencement of work on this contract, or by posting a notice in a location frequented
<br />by employees, the number of hours per day and days per week that the employees may be required to work.
<br />6. Payment for Medical Care and Attention to Employees (ORS 279.320)
<br />6.1 The Contractor shall promptly as due, make payment to any person, co-partnership or association or corporation furnishing
<br />medical, surgical, and hospital care 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 pursuant to any law, contract or agreement for the purpose
<br />of providing or paying for such service.
<br />6.2 The Contractor and all employers working under this contract are subject employers, and agree to comply with ORS 656.017
<br />7. Labor Contract Conditions (Eugene Code, 1971, Section 2.030)
<br />7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a "public contract" as
<br />defined in ORS 279.310(1).
<br />7.2 The Contractor will comply with all requirements of Eugene Code, 1971, Sections 4.613 to 4.650.
<br />7.3 The Contractor shall, in the event he/she willfully violates the provisions of this section or knowingly files false affidavits of
<br />compliance, waive for a period of one year any right to bid upon any public works project let by the City.
<br />7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at its option, terminate said contractor
<br />subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his/her contractexcept to payment
<br />for actual labor and materials furnished to the City. The City may waive in whole or in part any forfeitures or sanctions
<br />provided in this paragraph.
<br />8. Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.)
<br />The Contractor shall:
<br />8.1 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 for
<br />those regulations, directly or indirectly applicable to Contractor as a result of a contract with the City.
<br />8.2 To the extent legally possible, Contractor shall indemnify and hold City, its officers, agents and employees, harmless from
<br />and against any and all Gaims, 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 concerning services, aid or benefits to be provided to individuals with disabilities. In the event any
<br />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 Contractorjointly, and reimburse City for any loss, cost,
<br />damage or expense (incuding legal fees) suffered or incurred by City. This right of indemnification and to be held harmless
<br />shall be in addition to, and not in replacement of any other right that City may have under any statute, under the common law
<br />or under this contract.
<br />8.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the requirements of the Americans with
<br />Disabilities Act and the regulations to enforce the Act. Contractor further warrants that Contractor is in compliance with the
<br />requirements of the Act concerning local government services applicable to Contractor as a result of this agreement.
<br />Contractor shall continue to comply with all applicable provisions of the Act. City shall have the right to inspect, upon
<br />reasonable notice, Contractor's records and all locations where the work is to be performed to assure compliance with all
<br />~r applicable provisions of the Act.
<br />Standard Contract Provisions--Page 2
<br />(Revised June 2000)
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