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277
<br /> 278 P. Statutory Requirements for Subcontracts.
<br /> 279 The Recipient shall comply, and require each contractor or subcontractor to comply with the following federal laws
<br /> 280 and all applicable standards, orders, or regulations issued pursuant thereto:
<br /> 281
<br /> 282 1. The Copeland "Anti-Kickback" Act, as amended (18 USC 874) as supplemented in Department of Labor
<br /> ~ 283 regulations (14 CFR Chapter 60).
<br /> 284 2. Nondiscrimination, Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended (42 USC 2000d), and
<br /> 285 the requirements imposed by the regulations of the Department of Commerce (15CFR Part 8) issued pursuant to
<br /> 286 that title.
<br /> ' 287 3. Rehabilitation Act of 1973, 29 USC 794, Executive Order 11914. No otherwise qualified handicapped
<br /> 288 individual shall, solely by reason of the individual's handicap, be denied the benefits of, be excluded from
<br /> 289 participation in, or be subjected to discrimination under any program or activity receiving federal financial
<br /> ~ 290 assistance.
<br /> 291 4. The National Environmental Policy Act of 1969 (P.L. 90-190); the National Historic Preservation Act of
<br /> 292 1966 (80 Stat 915, 16 USC 470); The Executive Order No. 1 11593 of May 31, 1971.
<br /> 293 5. Certification ofNon-segregated Facilities as required by the May 9, 1967, order (32 F.R. 7439, May 19,
<br /> 294 1967) on Elimination of Segregated Facilities, by the Secretary of Labor.
<br /> 295 6. The Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended,
<br /> 296 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40
<br />
<br /> ~ 297 CFR Part 15, as amended from time to time.
<br /> 298 7. The Powerplant and Industrial Fuel Use Act of 1978'(92 Stat. 3318 P.L. 95-620) relating to the conservation
<br /> 299 of petroleum and natural gas. The Recipient shall comply with the requirements of the American Society of
<br /> 300 Heating, Refrigeration, and Air Conditioning Engineers Standazd 90-75, "Energy Conservation in New
<br /> 301 Building Design."
<br /> 302 8. The Davis Bacon Act (40 USC 276a et seq.) regarding minimum wage and fringe benefit rates for labors and
<br /> 303 mechanics. Rate determinations made by the Secretary of Labor aze published in Vol. 3 of General Wage
<br /> 304 Determinations Under the Davis Bacon and Related Acts, 2nd edition (1986), by the federal Dept. of Labor,
<br /> 305 Employment Standards Administration, Wage and Hour Division. These determinations aze updated by weekly
<br /> 306 supplements that are available on a subscription basis or through purchase from the federal Government
<br /> 307 Printing Office. Notice of the weekly supplements is published in the Federal Register.
<br /> 308
<br /> 309 Q. Suits Resultine from this Agreement. To the full extent permitted by Article XI, Section 10 of the Oregon
<br /> 310 Constitution and by the Oregon Tort Claims Act, the Recipient agrees to defend, save, and hold harmless the State
<br /> 311 of Oregon and the Department, its o$icers, agents, employees, and members, from all claims, suits, or actions of
<br /> 312 whatsoever nature resulting from or arising out of the activities of the Recipient, the Recipient's contractors,
<br /> 313 subcontractors, and the Recipient's agents and employees under this Agreement.
<br /> 314
<br /> 315 R State Tort Claims Act. Recipient is not an officer, employee, or agent of the state as those terms aze used in
<br /> 316 ORS 30.265.
<br /> 317
<br /> 318 VII. BINDING AGREEMENT
<br /> 319
<br /> 320 The provisions of this Agreement shall be binding upon and shall inure to the benefits of the Department and the
<br /> 321 Recipient and the respective successors and assigns.
<br /> 322
<br /> 323 A. SEVERABILITY
<br /> 324
<br /> -~-~~---Department-and--the--Recipient-agree-that-if-any-temror~rovisiurt-of this-Agreement- is ~eclar~ct- -
<br /> 326 competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions
<br /> 327 shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the
<br /> 328 Agreement did not contain the particulaz term of provision held to be invalid.
<br /> 329
<br /> 330
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