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;, a ° °._ <br />Misc. Contract Agreement No 17,243 <br />City of Eugene ;;;,,., <br />r <br />~~~M1~~:i ~ <br />~'~: ~' <br />8. City shall not enter into any subcontracts for any of the work scheduled under this ~ ~` <br />agreement without obtaining prior written approval from State. <br />9. City agrees to comply with all federal, state, and local laws, regulations, executive <br />orders~nd ordinances applicable to the work under this agreement, including, <br />without limitation, the provisions of ORS 279.312, 279.314, 279.316, 279.320 and <br />279.555, which hereby are incorporated by reference. Without limiting the generality <br />of the foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of <br />1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with <br />Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules <br />established pursuant to the foregoing laws; and (v) all other applicable requirements <br />of federal and state civil rights and rehabilitation statutes, rules and regulations. <br />10. City shall perform the service under this agreement as an independent contractor <br />and shall be exclusively responsible for all costs and expenses related to its <br />employment of individuals to perform the work under this agreement, including but <br />not limited to retirement contributions, workers compensation, unemployment taxes, <br />and state and federal income tax withholdings. <br />STATE OBLIGATIONS <br />1. State's Bicycle and Pedestrian Program Manager shall review and must concur in the <br />plans prepared by City before construction begins, and shall process all billings <br />submitted by City. <br />2. Upon receipt of notification that the City is prepared to proceed with the development <br />of project, State shall deposit with City the sum of $50,000, such amount being equal to <br />SO percent of the agreed maximum State share of project costs. Said deposit shall not <br />be made prior to July 1, 1999. Upon completion. of project, inspection by the Bicycle <br />and Pedestrian Program staff (or a representative of State's Region office), and receipt <br />from City of an itemized statement of the actual total cost of the project, State shall <br />deposit with City a final payment in an amount which, when added to the initial <br />deposit, would equal State's proportional share of the total project costs, but in no event <br />shall participation by State exceed the total sum of $ 100,000. <br />3. In the event this agreement is terminated for any reason, City shall provide an <br />itemized statement of the costs and expenses prior to date of termination. City and <br />State shall share expenses in proportion to the rate established in Terms of Agreement, <br />paragraph 2, and if any funds are remaining from the advance deposit they will be <br />refunded to State. <br /> <br />