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City of Eugene /State <br /> <br /> Agreement No. 25396 <br /> 4. Future improvements by City within State right of way are to be by State required <br /> permits or by separate executed agreement between the Parties. <br /> 5. City hereby grants State, or its contractor, the right to enter onto City right of way for <br /> the performance of duties as set forth in this Agreement. <br /> 6. City shall comply with all federal, state, and local laws, regulations, executive orders <br /> and ordinances applicable to the work under this Agreement, including, without <br /> limitation, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and <br /> 279B.270 incorporated herein by reference and made a part hereof. Without <br /> limiting the generality of the foregoing, City expressly agrees to comply with (i) Title <br /> VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of <br /> 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all <br /> regulations and administrative rules established pursuant to the foregoing laws; and <br /> (v) all other applicable requirements of federal and state civil rights and rehabilitation <br /> statutes, rules and regulations. <br /> 7. All employers, including City, that employ subject workers who work under this <br /> Agreement in the State of Oregon shall comply with ORS 656.017 and provide the <br /> required Workers' Compensation coverage unless such employers are exempt <br /> under ORS 656.126. City shall ensure that each of its subcontractors complies with <br /> these requirements. <br /> 8. 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 <br /> taxes, and state and federal income tax withholdings. <br /> 9. City acknowledges and agrees that State, the Oregon Secretary of State's Office, <br /> the federal government, and their duly authorized representatives shall have access <br /> to the books, documents, papers, and records of City which are directly pertinent to <br /> the specific Agreement for the purpose of making audit, examination, excerpts, and <br /> transcripts for a period of six (6) years after completion of Project. Copies of <br /> applicable records shall be made available upon request. Payment for costs of <br /> copies is reimbursable by State. <br /> 10. City certifies and represents that the individual(s) signing this Agreement has been <br /> authorized to enter into and execute this Agreement on behalf of City, under the <br /> direction or approval of its governing body, commission, board, officers, members or <br /> representatives, and to legally bind City. <br /> 3 <br /> <br />