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j 3.3 Not permit any lien or claim to be filed or prosecuted against the City of Eugene or any subdivision or agency or
<br /> employee 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 claimsto the person furnishing the labor or services and charge the amount of
<br /> the payment against funds due or to become due the Contractor by reason of this contract. The payment of a claim in the
<br /> manner author'¢ed 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 /> 5.1 No person shall be employed for more than ten (10) hours in any one day or forty (40) hours in any one week, except
<br /> in cases of necessity, emergency or when the public policy absolutely requires it, and in such cases, except in cases
<br /> ' of contracts for personal services as defined in ORS 279.051, the employee shall be paid at least time and a half pay
<br /> for all overtime in excess of eight (8) hours in any one day and forty (40) hours in any one week, when the work week
<br /> consists of fve consecutive days, Monday through Friday, or for all overtime in excess of ten (10) hours in one day or
<br /> farty (40) hours in one week, when the work week is four consecutive days, Monday through Friday, and for work
<br /> performed on Saturday and on any legal. holiday specified in ORS 279.334. The Contractor must give notice to
<br /> ' employees who perform work on a public contract, in writing, either at the time of hire or before commencement of work
<br /> on the contract, or by posting a notice in a location frequented by employees, the number of hours per day and days
<br /> per week that the employees may be required to work.
<br /> 5.2 In the case of contracts for personal services as defined in ORS 279.051, no person shall be employed for more than
<br /> eight (8) hours in any one day or forty (40) hours in any one week, except in cases of necessity, emergency, or when
<br /> the public policy absolutely requires it, and in such cases a laborer shall be paid at least time and a half for all overtime
<br /> worked in excess of forty (40) hours in any one week, except for individuals under this contract who are excluded under
<br /> ORS 653.010 to 653.261 or under 29 USC Sections 201-209 from receiving overtime.
<br /> - ------6_._P~ymentfa~MedicaLCare-and_Attend.on-to-Employees-(-O.RS-.27-9.320-)--
<br /> 6:1-'T'fie Gont~~o~
<br /> shall
<br /> promptly~ue, maw payment to any person, co-partnersfiip or
<br /> associafion or corporation
<br /> furnishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury; to the
<br /> i . _ as _ . _ _ _ . ~r employees of°such Contractor;-of all°snms~which-the~Contractor~agrees to-pay four such services and-all~monies~and-~ ~ ~ T~-~
<br /> sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or
<br /> agreement for the purpose 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
<br /> 656.017.
<br /> 7._ Labor Contract Conditions (Eugene Code, 1971, Section 2.030)
<br />
<br /> I
<br /> All contracts wherein labor is required, except contracts for the purchase of materials and supplies, shall contain the following
<br /> provisions:
<br /> 7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a "public contract"
<br />
<br /> ~ as 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 helshe willfully violates the provisions of this section or knowingly files false affidavits
<br /> of 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 contract
<br /> or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his/her contract except
<br /> to payment for actual labor and materials furnished to the City. The City may waive in whole or in part any forfeitures
<br /> or sanctions 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
<br /> for 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
<br /> Standard Contract Provisions-Page 2
<br /> (Revised. April 1998)
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