Courthouse Square Agreements (compiled notebook)

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EXHIBIT B PUBLIC CONTRACT PROVISIONS D.1.01 Conditions of public contracts conceming payment of laborers and material men, contributions to Industrial Accident Fund, liens and withholding taxes (ORS 279.312). Every public contract shall contain a condition that the contractor shall: (1) Make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract. (2) Pay all contributions or amounts due the Industrial Accident Fund from such contractor or subcontractor incurred in the performance of the contact. (3) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. *, L (4) Pay to the\~ of Revenue all sums withheld from employees pursuant to ORS 316.167. ~~ ~,o~~t.,,~~~ D.1.02 Condition concerning payment of claims by public officers (ORS 279.314). (1) Every public contract shall also contain a clause or condition that, if the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services fumished to the contractor or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officers representing the state, county, school district, municipality, municipal corporation or subdivision thereof, as the case may be, may pay such claim to the person fumishing the labor or services and charge the amount of the payment against funds due or to become due the contractor by reason of such contract. (2) The payment of a claim in the manner authorized in this section shall not relieve the contractor or the contractor's surety from obligation with respect to any unpaid claims. D.1.03 Condition concerning hours of labor (ORS 279.316) (1) Every ~ublic contract shall also contain a condition that no person shall be employed for more than~ hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in suct~ c?~es, except in cases of contracts for personal services as defined in ORS 279.051, the ~` "~~`S}lall be paid at least time and a half pay: ~ '#~ (A) For all overtime in excess of eiqht hours a day or 90 hours in any one week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours a day or 90 hours in any one week when the work week is four consecutive days, Monday through Friday; and (C) For all work performed on Saturday and on any legal holiday specified in ORS 279.339. (b) An employer must give notice to employees who work on a public contract in writinq, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. +) (2) In the case of contracts for personal services as defined ~in ORS ~79,051, the contract shall contain a provision that the ~~ shall be paid at least time and a half for ali overtime worked in excess of 90 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime. _ ~ ~~ ~ _.. / /