Transit- Meeting Agenda (12/18/1997)

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All program participants and vehicle related accidents involving any property damage or personal ~ injury resuiting from service provided under this agreement must be verbaily reported, immediately, ~ and verified, in writing, to the DISTRICT with a complete report on the incident, including any forms provided by the DISTRICT for that purpose, within 24 hours of the occurrence. The DISTRICT shall notify CONTRACTOR of any accident reported directly to the DISTRICT within 24 hours notice of the accident. Section 5.~ TERMS AND CONDITIONS 5.1 Independent Contractor Status CONTRACTOR shall perform the wo~lc required by this contract as an independent contractor. Although the DISTRICT reserves the right (1) to determine (and modify) the delivery schedule for the work to be perFormed, and; (2) to evaluate the quality of the completed performance, the DISTRICT cannot and will not control the means or manner of the CONTRACTOR's perFoRnance. CONTRACTOR is responsible for deterrnining the appropriate means and manner of performing the work. CONTRACTOR represents and warrants that CONTRACTOR (1) is not an employee of the State of Oregon, (2) is not currently employed by the Federal Govemment, and (3) meets the specific Independent Contractor Standards of ORS 670.600, as certfied on the Independent Contractor Certification Statement attached as Exhibit A and by this reference made a part hereof. CONTRACTOR represents and warrants that it is not an "officer", "employee", or "agenY' of the DISTRICT, as those terms are used in ORS 30.265. CONTRACTOR waives claim contrary to the foregoing representations and warranties. 5.2 Effective Date and Duration It is provided that the passage of the contract expiration date shall not extinguish or prejudice the DISTRICT's right to enforce this contract with respect to any default or defect in perFormance that has not been cured. 5.3 Subcontract and Assignments CONTRACTOR may not enter into subcontracts for any of the work scheduled under this contract without the prior written approval of the DISTRICT. CONTRACTOR shall not assign or transfer any of iYs interest in this contract, without obtaining prior written approval from the DISTRICT. The CONTRACTOR bears full responsibility under this contract for the performance of its subcontractors. 5.4 Disadvantaged Business Enterprise CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 23 and the DISTRICT's U.S. Department of Transportation (U.S. DOT) Disadvantaged Business Enterprise (DBE) program are incorporated in this contract by reference. Failure by CONTRACTOR to carry-out these requirements is a material breach of the contract, which may result in the termination of this contract or other remedy as the DISTRICT deems appropriate. ~ 115 AGREEMENT #1296. LIFT CHERRYLIFf CONTRACT