ࡱ> y kbjbj q{{R R $P 4dI(I I I I I I I$]KNDIDIYIC C C RIC IC C @0jCA$ IoI0IBhNNHjCjCxNC(C DIDIC INR r: Attachment A PURCHASE ORDER FURNITURE, FIXTURES (FF) TERMS AND CONDITIONS DEFINITIONS: 1.1 "Contract" means the entire written Purchase Order (PO), these Purchase Order Furniture, Fixtures (FF) Terms and Conditions, the specifications, drawings, and plans (if any), Notice to Proceed (if any), fully executed Change Orders (if any), and any other document referenced in these Purchase Order FF Terms and Conditions or referenced on the face of the PO. 1.2 "Contractor" means the party named on the front of the PO and with whom University has contracted for the purchase of the work, goods and services. 1.3 Deliverables means all work, goods and services provided to University by Contractor under this Contract. 1.4 "ORS means the Oregon Revised Statutes; "OAR" means Oregon Administrative Rules; USC means United States Code. 1.5 Party means either University or Contractor. 1.6 Parties means both University and Contractor. 1.7 "University" means the State Board of Higher Education acting by and through the University of Oregon. ACCESS TO RECORDS. Contractor will maintain records, sufficient to accurately document its performance of this Contract. University will have access to such records of Contractor for the purpose of determining compliance with this Contract. Contractor will retain all such records, for a minimum of six years following final payment under or termination of this Contract, or such longer period as may be required by applicable law or to conclude any audit, review, or controversy. INDEMNITY FOR INFRINGEMENT CLAIMS. EXCEPT TO THE EXTENT ARISING FROM MATERIALS PROVIDED TO CONTRACTOR BY UNIVERSITY, WHICH MATERIALS ARE UTILIZED BY CONTRACTOR IN THEIR UNALTERED FORM AND WITHOUT LIMITING THE GENERALITY OF THE INDEMNIFICATION CLAUSE REFERENCED IN THE HOLD HARMELSS SECTION BELOW, CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS UNIVERSITY AND ITS GOVERNING BOARD AND THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, LIABILITIES, COSTS, EXPENSES, AND DAMAGES ARISING OUT OF OR RELATED TO ANY CLAIMS THAT THE DELIVERABLES INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK, UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. The indemnity under this Section will not apply to the extent such alleged or actual infringement arises as a result of (i) modifications of such work made by University which were not approved by Contractor, or (ii) Contractors compliance with any of Universitys designs, specifications or instructions. In the event that a court of competent jurisdiction determines in a final, non-appealable order that the work is infringing in a manner for which Contractor is obligated to indemnify University pursuant to this Section, Contractor will, at its option, either: (1) procure for University the right to continue using such infringing work; (2) replace the infringing work with a non-infringing item of like form, fit or function; or (3) modify the work so that it no longer infringes. HOLD HARMLESS. Contractor will be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay which may be caused by, or result from any act or omission of Contractor, its subcontractors, agents, or employees. Contractor will indemnify and hold harmless University and its governing board and their directors, officers, agents, and employees from all claims, suits, and actions of any nature resulting from or arising out of the acts or omissions of Contractor or its subcontractors, officers, agents, or employees. INSURANCE. 5.1 Contractor shall secure at Contractors own expense and keep in effect during the term of this Agreement either comprehensive general liability insurance with a broad form CGL endorsement or broad form commercial general liability insurance, covering bodily injury and property damage, with a minimum limit of $1,000,000 per occurrence with an aggregate amount of $2,000,000, which shall include personal and advertising injury liability and products. 5.2 Contractor shall secure at Contractors own expense and keep in effect during the term of this Agreement a Commercial Auto Liability insurance policy with a minimum limit of $1,000,000 per occurrence with an aggregate amount of $2,000,000. 5.3 Insurance policies are to be issued by an insurance company authorized to do business in the State of Oregon with a minimum financial rating of an AM Best rating of A- or higher. All liability insurance will be arranged on an occurrence basis. No insurance will be allowed on a "claims made" basis. Self-insured retentions may be acceptable in lieu of the above requirements. Any self-insured retentions must be declared to and approved by the University. University may require Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 5.4 Workers' Compensation. All employers, including Contractor, that employ subject workers who work under this Contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage, unless such employers are exempt under ORS 656.126. This shall include Employers Liability Insurance with coverage limits of not less than the minimum amount required by statute for each accident. Contractors who perform the work without the assistance or labor of any employee need not obtain such coverage if the Contractor certifies so in writing. Contractor shall ensure that each of its subcontractors complies with these requirements. The Contractor shall require proof of such Workers Compensation coverage by receiving and keeping on file a certificate of insurance from each subcontractor or anyone else directly employed by either the Contractor or its subcontractors. 5.5 Before the Agreement is executed by the University, Contractor must provide to University a Certificate of Insurance from the insuring company evidencing Insurance coverages required by this Agreement. The Description of Operations must include (using the following exact language) the State Board of Higher Education, acting by and through the University of Oregon, their officers and employees as additional insured. 5.6 Upon request by University, Contractor will provide to University an endorsement from the insuring company, naming (using the following exact language) the State Board of Higher Education, acting by and through the University of Oregon, their officers and employees as additional insured. INDEPENDENT CONTRACTOR STATUS. The service(s) to be rendered under this Contract are those of an independent contractor. Contractor is not to be considered an agent or employee of University for any purpose, and neither Contractor nor any of Contractor's agents or employees are entitled to any of the benefits that University provides for its employees. Nothing in this Contract will be construed to create a partnership, joint venture, franchise, agency, or employment relationship between the Parties. OWNERSHIP OF WORK PRODUCT. All Deliverables that result from this Contract (Work Product) are the exclusive property of University. University and Contractor intend that such Work Product be deemed "work made for hire" of which University will be deemed the author. If for any reason the Work Product is not deemed "work made for hire," Contractor irrevocably assigns to University all its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor will execute such further documents and instruments as University may reasonably request in order to fully vest such rights in University. Contractor forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. FEDERAL REQUIRMENTS. If this Contract is federally funded in whole or in part, Contractor must comply with all applicable provisions of OMB Circular A-110. Further, if this Contract is funded with American Recovery and Reinvestment Act (ARRA) funds or if Federal Funding Accountability and Transparency Act (FFATA) applies, Contractor is required to submit certain information to University. If Contractor fails to timely submit such required information, University reserves the right to cancel this Contract or, if work has been performed, withhold payment until such required submittals have been received. EXCLUSIVITY. University is not bound by exclusivity provisions. REPRESENTATIONS AND WARRANTIES. Contractor provides the following representations and warranties: 10.1 Contractor has the power and authority to enter into and perform this Contract. 10.2 The individual signing for Contractor is authorized to execute this Contract on behalf of Contractor. 10.3 Contractor by accepting this Contract and commencing work agrees this Contract is a valid and binding obligation of Contractor, enforceable in accordance with its terms. 10.5 Contractor will, at all times during the term of this Contract and when performing the work, be bonded and insured to perform the work. 10.6 Contractor shall at all times during the term of this Contract and when performing the work, maintain, in current and valid form, all licenses and certificates required by applicable laws or this Contract. 10.7 Contractors name, as it appears in this Contract, is Contractors legal name, as it will appear in the Contractors W-9, and if Contractor is an entity rather than an individual, that the entity named in this Contract is validly existing in its state of organization and in good standing to do business in Oregon. 10.8 Unless otherwise stated on the face of the PO, all Deliverables including without limitation all materials supplied by Contractor will be new and current model (if applicable) and will carry full manufacturer warranties. 10.9 Contractor warrants all Deliverables delivered to be free from defects in labor, material and manufacture and to be in compliance with Contract specifications for a period of one year from date of final acceptance of the work. 10.10 Contractor warrants that none of the equipment or materials to be supplied under this Contract contain asbestos, asbestos-containing materials or hazardous materials, or, if such items do contain asbestos or hazardous materials, Contractor shall advise University in writing of the equipment or material containing the asbestos. University shall then advise Contractor in writing whether such equipment or material will be acceptable. 10.11 All implied and expressed warranty provisions of the Uniform Commercial Code (ORS chapter 72) are incorporated in this Contract. All warranties will run to University. The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided. INVESTIGATIONS AND PRIOR ACTIVITIES. 11.1 Contractor has studied all documents making up this Contract and assumes the risk of all errors, inconsistencies and omissions not promptly reported to University. If applicable, Contractor inspected the job site and is familiar with all job site working conditions, including subsurface conditions, and Contractor has made due allowance for all conditions in its price calculation and time for completion of work. 11.2 If any portion of the work depends upon prior performance of any other activities of University, other subcontractors, or any other person or entity involved in the completion of the project, then commencement of such portion of the work by Contractor will be deemed an acceptance of the adequacy and completeness of such other activities. CONDUCT OF WORK. 12.1 Contractor shall obtain and pay for all necessary permits, licenses and fees required for the construction and installation of the Deliverables or for temporary obstructions of public ways. Contractor shall be responsible for all violations of the law, in connection with the construction or caused by obstructing streets, sidewalks or otherwise. Contractor shall give all requisite notices to public authorities. Notwithstanding the first sentence of this paragraph, University shall pay for the following: plan check fees and permit fees required for the general building permit, systems development charges, and building department inspection fees. 12.2 The job site will be in continual use by University during this project. Contractor shall coordinate its work, cooperate with the forces of University, other contractors and subcontractors, and perform the work to minimize the disruption to University. Contractor shall schedule the work, revise the schedule as needed, and promptly copy the University with the current schedule. Contractor is solely responsible for and has control of Contractor's construction means, methods, techniques, sequences, procedures and safety. 12.3 The work under this Contract will be performed in a good and workmanlike manner and in accordance with all applicable professional standards. 12.4 Contractor shall diligently perform the work, providing sufficient manpower, materials, and other supplies at all times to assure completion of the work in an orderly fashion by the required completion date. Contractor shall at all times keep its portion of the job site reasonably neat and clean and, upon completion of the work, shall remove and dispose of all rubbish, trash and refuse from the work and leave its portion job site broom clean. 12.5 Contractor shall dispose of all materials, waste, and rubbish in compliance with all applicable laws and regulations and shall fulfill all environmental requirements. 12.6 Contractor shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations as well as all rules and regulations of University and the reasonable instructions of Universitys personnel. 12.7 Contractor shall not discriminate against Disadvantaged, Minority, Women or Emerging Small Business enterprises, as those terms are defined in ORS 200.005, or a business enterprise that is owned or controlled by or that employs a disabled veteran, as that term is defined in ORS 408.225, in the awarding of subcontracts. 12.8 Contractor shall supply to University two complete copies of record drawings documenting the scope of work completed under this Contract. Record drawings shall include Operation and Maintenance (O & M) Manuals, redlined drawings and redlined specifications. If Contractor is submitting for progress payments, the two copies of the O & M Manuals must be submitted to University for review prior to University authorizing any payment beyond 75% of the value of the Contract. All completed O & M Manuals, and other record drawings shall be submitted to and approved by University prior to final payment. 12.9 As part of the work, and prior to submission of the final application for payment, the Contractor shall provide training to University staff for Deliverables as required by this Contract. Contractor shall schedule training sessions at least two weeks in advance of the date of training to allow University to provide its personnel with adequate notice. The O & M Manual shall be used as a basis for training. Training shall include a formal session conducted at the job site after the Deliverables are completely installed and operational in their normal operating environment. INSPECTIONS AND ACCEPTANCE. 13.1 University shall have the right to conduct any tests and inspections as University deems necessary to ensure Contractor's compliance with the Contract. If any Deliverables including any part of the work or materials are found not to be in compliance with the Contract, University shall have the right to stop work, order work redone in conformance with the Contract, and order materials removed from the job site and replaced with materials conforming to the Contract. No payment by University of any sums due pursuant to the Contract shall be interpreted as a waiver of any defect in the work. 13.2 All Deliverables furnished under this Contract will be subject to inspection and test by University at times and place determined by University. If University finds Deliverables furnished to be incomplete or not in compliance with solicitation specifications, University may reject the Deliverables and require Contractor to either correct them without charge, or provide at a reduced price, at Universitys discretion. If Contractor is unable or refuses to cure any defects within a time deemed reasonable by University, University may reject the Deliverables and cancel this Contract in whole or in part. Nothing in this paragraph will in any way affect or limit University's rights as buyer, including the rights and remedies relating to rejection under ORS 72.6020 and revocation of acceptance under ORS 72.6080. 13.3 In addition to any other remedies under this Agreement, if any aspect of the warranties under this Contract shall be breached, at Universitys discretion, Contractor shall promptly repair or replace the offending materials or labor or pay University its cost and expense in conducting such repair and replacement. SUBCONTRACTS AND ASSIGNMENTS. Contractor will not subcontract, assign or transfer any of its interest in this Contract without obtaining prior written approval from University, which consent may be withheld by University in its sole discretion. As a condition to requesting prior written approval, Contractor must provide a written copy of any such proposed assignment or subcontract to University. University's consent to any assignment or subcontract will not relieve Contractor of any of its duties or obligations under this Contract. Any assignment or subcontract in contravention of this Section will be null and void. SUCCESSORS IN INTEREST. This Contract will be binding upon and will inure to the benefit of the Parties, and their respective successors and assigns. SUSPENSION OR TERMINATION. 16.1 University may order Contractor in writing to suspend, delay, or interrupt all or any part of Contractors work for such period of time as may be determined to be appropriate for the convenience of University. 16.2 This Contract may be terminated at any time by mutual written consent of both Parties. 16.3 University may at its sole discretion terminate this Contract in whole or in part upon 30-days written notice to Contractor. 16.4 University may terminate this Contract effective upon delivery of written notice to Contractor, or at such later date as may be established by University, if federal or state regulations or guidelines are modified, changed, or interpreted in such a way that either the work under this Contract is prohibited or University is prohibited from paying for such work from the planned funding source. 16.5 University may, without prejudice to any other right or remedy, and after giving Contractor seven days written notice and an opportunity to cure, terminate the Contract in whole or in part under the following conditions which shall constitute a default under this Contract by Contractor: (a) If Contractor should, voluntarily or involuntarily, seek protection under the United States Bankruptcy Code and Contractor as debtor-in-possession or the Trustee for the estate fails to assume the Contract within a reasonable time; (b) If Contractor should make a general assignment for the benefit of Contractor's creditors; (c) If a receiver should be appointed on account of Contractor's insolvency; (d) If Contractor should repeatedly refuse or fail to supply an adequate number of skilled workers or proper materials to carry on the work as required by this Contract, or otherwise fail to perform the work in a timely manner; (e) If Contractor should repeatedly fail to make prompt payment to subcontractors or for material or labor, or should disregard laws, ordinances or the instructions of the University; (f) If Contractor is otherwise in breach of any part of the Contract; (g) If Contractor is in violation of applicable laws, either in the conduct of its business or in its performance of the work; (h) If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this Contract is for any reason denied, revoked, or not renewed; or (i) If (1) Contractor fails to provide Deliverables called for by this Contract within the time specified in this Contract or any extension of this Contract; or (2) Contractor fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms. Damages or costs resulting from any such noncompliance shall be the responsibility of Contractor. 16.6 Contractor may terminate this Contract upon 30-days written notice to University if University fails to pay Contractor pursuant to the terms of this Contract and University does not cure such failure to pay within 30-business days after receipt of Contractor's written notice, or such longer period as Contractor may specify. TERMINATION DUE TO NONAPPROPRIATION OF FUNDS. University may terminate this Contract upon written notice to Contractor if University has not: (a) Received from the Oregon Legislative Assembly appropriations, limitations or other expenditure authority, or (b) Received allotments pursuant ORS Chapter 291 sufficient to allow University, in the exercise of its reasonable administrative discretion, to pay the amounts of this Contract. DISPUTES. Contractor will carry on the work and maintain the schedule pending resolution of any claims, disputes, and matters in question arising out of, or relating to, this Contract or the breach thereof. REMEDIES IN THE EVENT OF TERMINATION. 19.1 In the event of termination pursuant to Section 16.3, 16.4, or 17, Contractor's sole remedy will be a claim for the sum designated for accomplishing the work multiplied by the percentage of work completed and accepted by University, less previous amounts paid and any claim(s) which University has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor will pay any excess to University upon demand. 19.2 In the event of termination pursuant to Section 16.5, University will have any remedy available to it in law or equity. University may take possession of the premises and of all materials and appliances and finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive further payment until the work is completed. If Universitys cost of finishing the work exceeds the unpaid balance of the amount due under this Contract, Contractor shall pay the difference to University. If it is determined for any reason that Contractor was not in default under these subsections, the rights and obligations of the Parties will be the same as if the Contract was terminated pursuant to Section 16.3. 19.3 Upon receiving a notice of termination of this Contract, Contractor will immediately cease all activities under this Contract, unless University expressly directs otherwise in writing. Upon termination of this Contract, Contractor will deliver to University all Work Product, documents, information, works-in-progress and other materials that are or would be Deliverables or otherwise the property of University had the Contract been completed. Upon University's request, Contractor will surrender to anyone University designates, all documents, research or objects or other tangible things needed to complete the work. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner with or prohibit Contractors full performance of this Contract. Contractor also covenants that in the performance of this Contract no person having any such interest will be employed. Contractor further covenants that its performance of this Contract will not cause any employee or volunteer of University to violate ORS Chapter 244. NON-RESIDENT FOREIGN CONTRACTORS. For non-resident foreign Contractors with U.S. sourced income, University will withhold Federal Tax at the applicable tax rate from Contractor's fee unless Contractor is eligible for tax treaty benefits, or qualifies for exemption under other areas of the tax code. Contractor must provide a completed and signed US Internal Revenue Service (IRS) Form to claim tax treaty benefits (8233 or appropriate W8 form). Contractor must have a U.S. reporting Identification Number, a Social Security Number (SSN), IRS Tax Identification Number (ITIN), or Employer Identification Number (EIN) to be eligible for tax treaty benefits. If applicable, Contractor will enter the US in a legal status allowing Contractor to work for University as evidenced by the US Citizenship and Immigration Services (USCIS) I-94 stamped or attached to Contractors passport or this Contract is void. NOTICES. Except as otherwise expressly provided in this Contract, any communications between the Parties or notices to be given under this Contract will be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to Contractor or University at the address or number set forth on the signature page of this Contract, or to such other addresses or numbers as either Party may indicate. Any communication or notice so addressed and mailed will be deemed to be given five days after mailing. Any communication or notice delivered by facsimile will be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against University, such facsimile transmission must be confirmed by telephone notice to University's supervising representative. Any communication or notice by personal delivery will be given when actually delivered. AUTHORITY TO FILE NOTICES Contractor irrevocably appoints University as its attorney-in-fact, with full power of substitution, to file for record, at Contractors cost and expense and in Contractors name, any notices of completion, notices of cessation of labor, or any other notices that University considers necessary or desirable. CAPTIONS. The captions or headings in this Contract are for convenience only and in no way affect the meaning or interpretation of this Contract. COMPLIANCE WITH GOVERNAMENT REGULATIONS. Contractor shall comply with applicable laws pertaining to the work under this Contract. Failure to comply with such requirements shall constitute a breach of Contract and shall be grounds for Contract termination. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with the following, as applicable: Title VI and VII of Civil Rights Act of 1964, as amended; Section 503 and 504 of the Rehabilitation Act of 1973, as amended; The Health Insurance Portability and Accountability Act of 1996; The Americans with Disabilities Act of 1990, as amended; ORS Chapter 659A; as amended; 25.6 All regulations and administrative rules established pursuant to the foregoing laws; and 25.7 All other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. MINIMUM WAGE RATES ON PUBLIC WORKS. Contractor shall comply fully with the provisions of ORS 279C.800 through 279C.870. Documents establishing those conditions, as determined by the Commissioner of the Bureau of Labor and Industries (BOLI), are incorporated by reference below. Pursuant to ORS 279C.830(1)(d), Contractor shall pay workers at not less than the specified minimum hourly rate of wage, and shall include that requirement in all subcontracts. If the work is subject to both the state prevailing wage rate law and the federal Davis-Bacon Act, Contractor shall pay the higher of the applicable state or federal prevailing rate of wage. Contractor shall provide written notice to all workers of the number of hours per day and days per week such workers may be required to work. Prevailing Wage Rates requirements apply to this project because the maximum compensation for all University-contracted work is more than $50,000. Contractor and all subcontractors shall comply with the provisions of ORS 279C.800 through 279C.870, relative to Prevailing Wage Rates and the required public works bond, as outlined below. The Bureau of Labor and Industries (BOLI) wage rates and requirements set forth in the following BOLI booklet (and any listed amendments to that booklet), which are incorporated herein by reference, apply to the work authorized under this Contract. The work will take place in<> Lane County, Oregon. <> PAYROLL CERTIFICATION AND FEE REQUIREMENTS. 27.1 In accordance with ORS 279C.845, the Contractor and every subcontractor shall submit written certified statements to the University, on the form prescribed by the Commissioner of the Bureau of Labor and Industries, certifying the hourly rate of wage paid each worker which the Contractor or the subcontractor has employed on the project and further certifying that no worker employed on the project has been paid less than the prevailing rate of wage or less than the minimum hourly rate of wage specified in the Contract, which certificate and statement shall be verified by the oath of the Contractor or the subcontractor that the Contractor or subcontractor has read the certified statement, that the Contractor or subcontractor knows the contents of the certified statement, and, that to the Contractors or subcontractor's best knowledge and belief, the certified statement is true. The certified statements shall set out accurately and completely the payroll records for the prior week, including the name and address of each worker, the worker's correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Certified statements for each week during which the Contractor or subcontractor has employed a worker on the project shall be submitted once a month, by the fifth business day of the following month. The Contractor and subcontractors shall preserve the certified statements for a period of ten years from the date of completion of the Contract. 27.2 Pursuant to ORS 279C.845(7),the University shall retain 25% of any amount earned by the Contractor on this public works project until the Contractor has filed the certified statements required by Section 27.1. The University shall pay to the Contractor the amount retained under this subsection within 14 days after the Contractor files the required certified statements, regardless of whether a subcontractor has failed to file certified statements. 27.3 Pursuant to ORS 279C.845(8), the Contractor shall retain 25% of any amount earned by a first-tier subcontractor on this public works project until the first-tier subcontractor has filed with the University the certified statements required by Section 27.1. Before paying any amount retained under this subsection, the Contractor shall verify that the first-tier subcontractor has filed the certified statement. Within 14 days after the first-tier subcontractor files the required certified statement the Contractor shall pay the first-tier subcontractor any amount retained under this subsection. 27.4 In accordance with statutory requirements and administrative rules promulgated by the Commissioner of the Bureau of Labor and Industries, the fee required by ORS 279C.825(1) will be paid by University to the Commissioner. HOURS OF LABOR. As a condition to University's performance hereunder, no person shall be employed to perform work under this Contract for more than ten hours in any one day or 40 hours in any one week, except in cases of necessity, emergency or where public policy absolutely requires it. In such instances, Contractor shall pay the employee at least time and a half pay: 28.1 For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or 28.2 For all overtime in excess of ten hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and 28.3 For all work performed on Saturday and on any legal holiday specified in ORS 279C.540. This Section 28 will not apply to Contractor's work under this Contract to the extent Contractor is currently a party to a collective bargaining agreement with any labor organization. This Section 28 shall not excuse Contractor from completion of the work within the time required under this Contract. PROMPT PAYMENT AND CONTRACT CONDITIONS. As a condition to University's performance hereunder, the Contractor shall: 29.1 Make payment promptly, as due, to all persons supplying to Contractor labor or materials for the prosecution of the work provided for in this Contract. 29.2 Pay all contributions or amounts due the State Industrial Accident Fund from such Contractor or subcontractor incurred in the performance of the Contract. 29.3 Not permit any lien or claim to be filed or prosecuted against the University on account of any labor or material furnished. Contractor will not assign any claims that Contractor has against University, or assign any sums due by University, to subcontractors, suppliers, or manufacturers, and will not make any agreement or act in any way to give subcontractors a claim or standing to make a claim against the University. 29.4 Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 29.5 As a condition to Universitys performance hereunder, if Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the Contractor of a subcontractor by any person in connection with the project as such claim becomes due, the proper officer(s) representing the University may pay the claim and charge the amount of the payment against funds due or to become due Contractor under this Contract. Payment of claims in this manner shall not relieve the Contractor or the Contractors surety from obligation with respect to any unpaid claims. 29.6 Contractor shall include in each subcontract for property or services entered into by the Contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing a construction contract, a payment clause that obligates the Contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within ten days out of such amounts as are paid to the Contractor by the public contracting agency under such contract. 29.7 All employers, including Contractor, that employ subject workers who work under this contract in the State of Oregon shall comply with ORS 656.017 and provide the required Workers Compensation coverage, unless such employers are exempt under ORS 656.126. Contractor shall ensure that each of its subcontractors complies with these requirements. PERFORMANCE AND PAYMENT SECURITY; PUBLIC WORKS BOND. When the contract price is $100,000 or more (or $50,000 or more in the case of Contracts for highways, bridges and other transportation projects), the Contractor shall furnish and maintain in effect at all times during the contract period a performance bond in a sum equal to the contract price and a separate payment bond also in a sum equal to the contract price. Contractor shall furnish such bonds even if the contract price is less than the above thresholds if otherwise required by this Contract. Bond forms furnished by the University and notarized by awarded Contractor's surety company authorized to do business in Oregon are the only acceptable forms of performance and payment security, unless otherwise specified in this Contract. Before execution of the Contract the Contractor shall file with the Construction Contractors Board, and maintain in full force and effect, the separate public works bond required by Oregon Laws 2005, Chapter 360, and OAR 839-025-0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a provision requiring the subcontractor to have a public works bond filed with the Construction Contractors Board before starting work, unless otherwise exempt, and shall verify that the subcontractor has filed a public works bond before permitting any subcontractor to start work. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT. Contractor agrees to protect the confidentiality of student information and to comply with the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing regulations, specifically 20 U.S.C. 1232G, 34 C.F.R. 99.33, ORS 351.070 and OAR 571-020, with respect to any redisclosure of personally identifiable information from education records obtained from the University. GOVERNING LAW; JURISDICTION; VENUE. This Contract will be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, or suit between University and Contractor will be brought and conducted solely and exclusively within a Circuit Court for the State of Oregon. However, if any claim, action, or suit must be brought in a federal forum, it will be brought and conducted exclusively in the United States District Court for the District of Oregon. In no event will any part of this Contract be construed as a waiver by University of its sovereign and governmental immunities. BY EXECUTION OF THIS CONTRACT, CONTRACTOR CONSENTS TO IN PERSONAM JURISDICTION OF SUCH COURTS. RECYCLED PRODUCTS. Unless expressly otherwise provided for in contract, all paper products will be sourced from mills using elemental chlorine-free processes and contain a minimum of 30% post-consumer waste. MATERIAL SAFETY DATA SHEET. In accordance with the OR-OSHA Hazard Communication Rules in OAR chapter 437, Contractor will provide University with a Material Safety Data Sheet for any Deliverables provided under this Contract which may release, or otherwise result in exposure to a hazardous chemical under normal conditions of use. In addition, Contractor must label, tag, or mark such Deliverables. SURVIVAL. All provisions of this Contract that would reasonably be expected to survive the termination of this Contract will do so. SEVERABILTY. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected. The Parties agree to attempt to substitute for any illegal or unenforceable provision a valid or enforceable one that achieves the economic, legal and commercial objectives of the illegal and unenforceable provision to the greatest extent possible. ECONOMIC OPPORTUNITIES. Contractor will, when applicable, have made good faith efforts to work with or obtain materials to be used in performing the Contract from minority-owned, women-owned, and emerging small business enterprises. DUAL PAYMENT. Contractor will not be compensated by any other party for work performed under this Contract. NO THIRD PARTY BENEFICIARIES. University and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or will be construed to give any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name and expressly described in this Contract as intended beneficiaries. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract. PAYMENT. Unless a different payment date is specified on the front of the PO, payment for goods and services under the PO will be made within 45 days following the date the entire order is delivered, services complete, if applicable, or the date the invoice is received, whichever is later. Payment of overdue account charges by University will be subject to OAR 580-061-0050. FOREIGN CONTRACTOR. If Contractor is not domiciled or registered to do business in the State of Oregon, Contractor will promptly provide to the Oregon Department of Revenue and the Secretary of State, Corporation Division, all information required by those agencies relative to this Contract. Contractor will demonstrate its legal capacity to perform these services in the State of Oregon prior to entering into this Contract. FORCE MAJEURE. Neither University nor Contractor will be held responsible for delay or default caused by fire, riot, acts of God, terrorist acts, or other acts of political sabotage, or war where such cause was beyond, respectively, University or Contractor's reasonable control. Contractor will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligation under this Contract. WAIVER. The failure of University to enforce any provision of this Contract will not constitute a waiver by University of that or any other provision. ATTACHMENTS. All attachments, addenda, schedules and exhibits which are referred to in this Contract are incorporated in this Contract. COMMUNICATIONS STANDARDS AND GRAMMAR AND STYLE GUIDELINES. Contractor will conform to all applicable University Communications Standards and University Grammar and Style Guidelines available at ( HYPERLINK "http://des.uoregon.edu/cp_grammar.html" http://des.uoregon.edu/cp_grammar.html). SUCCESSORS IN INTEREST. This Contract will be binding upon and will inure to the benefit of the Parties, and their respective successors and assigns. MERGER. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED IN THIS CONTRACT REGARDING THIS CONTRACT. NO AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THIS CONTRACT WILL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT, OR WAIVER WILL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. CONTRACTOR, BY THE SIGNATURE TO THIS CONTRACT OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE CONTRACT AND CONTRACTOR AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. EXECUTION AND COUNTERPARTS. This Contract may be executed in counterparts, and via facsimile or electronically transmitted signature (i.e. emailed scanned true and correct copy of the signed Contract), each of which will be considered an original and all of which together will constitute one and the same Contract. At the request of a Party, the other Party will confirm facsimile or electronically transmitted signature page by delivering an original signature page to the requesting Party.     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