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City of Eugene /State of Oregon -Dept. of Transportation <br /> Agreement No. 25, 384 <br /> records shall be made available upon request. Payment for costs of copies is <br /> reimbursable by State. <br /> 4. Agency shall comply with all federal, state, and local laws, regulations, executive <br /> orders and ordinances applicable to the work under this Agreement, including, <br /> without limitation, the provisions of ORS 2796.220, 2796.225, 2796.230, 2796.235 <br /> and 2796.270 incorporated herein by reference and made a part hereof. Without <br /> limiting the generality of the foregoing, Agency expressly agrees to comply with (i) <br /> Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation <br /> Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) <br /> all regulations and administrative rules established pursuant to the foregoing laws; <br /> and (v) all other applicable requirements of federal and state civil rights and <br /> rehabilitation statutes, rules and regulations. <br /> 5. All employers, that employ subject workers who work under this Agreement in the <br /> State of Oregon, shall comply with ORS 656.017 and provide the required workers' <br /> compensation coverage unless such employers are exempt under ORS 656.126. <br /> Both Parties shall ensure that each of its subcontractors complies with these <br /> requirements. <br /> 6. The Parties shall, to the extent permitted by the Oregon Constitution and the Oregon <br /> Tort Claims Act, indemnify, defend, save, and hold harmless the State of Oregon, <br /> Oregon Transportation Commission and its members, Oregon Department of <br /> Transportation and its officers and employees, from all claims, suits or action of any <br /> nature arising out of activities of Agency, its consultant, it contractor, its officers, <br /> subcontractors, agents, or employees under this Agreement. <br /> 7. Notwithstanding the foregoing defense obligations under the paragraph above, <br /> neither Agency nor any attorney engaged by Agency shall defend any claim in the <br /> name of the State of Oregon or any agency of the State of Oregon, nor purport to act <br /> as legal representative of the State of Oregon or any of its agencies, without the <br /> prior written consent of the Oregon Attorney General. The State of Oregon may, at <br /> anytime at its election assume its own defense and settlement in the event that it <br /> determines that Agency is prohibited. from defending the State of Oregon, or that <br /> Agency is not adequately defending the State of Oregon's interests, or that an <br /> important governmental principle is at issue or that it is in the best interests of the <br /> State of Oregon to do so. The State of Oregon reserves all rights to pursue any <br /> claims it may have against Agency if the State of Oregon elects to assume its own <br /> defense. <br /> <br /> 8. If federal funds are involved in this Agreement, Exhibits B and C are attached hereto <br /> and by this reference made a part of this Agreement, and are hereby certified to by <br /> Agency. <br /> Page 5 of 19 <br /> <br />