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Personal Services Provisions-Page 2 <br /> Revised July 2001 <br /> 7.2 The Contractor will comply with all requirements of Eugene Code, 1971, Sections 4.613 to 4.650. <br /> 7.3 The Contractor shall, in the event he/she willfully violates the provisions of this section or knowingly <br /> files false affidavits of compliance, waive for a period of one year any right to bid upon any public <br /> works project let by the City. <br /> 7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at its option, <br /> terminate said contract or subcontract and said Contractor or subcontractor in such event shall <br /> forfeit all rights under his/her contract except to payment for actual labor and materials furnished to <br /> the City. The City may waive, in whole or in part any forfeitures or sanctions provided in this <br /> paragraph. <br /> 8. Nondiscrimination on the Basis of Disability (Americangwith Disabilities Act, 42 USC sec. 12101 <br /> et seq.) <br /> The Contractor shall: <br /> 8.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., <br /> and all regulations implementing the Act, especially including those regulations set forth at 28 <br /> C.F.R. sec. 35.130, or any later replacement for those regulations, directly or indirectly applicable <br /> to Contractor as a resuR of a contract with the City. <br /> 8.2 To the extent legally possible, Contractor shall indemnity and hold City, its officers, agents and <br /> employees, harmless from and against any and all claims, actions, liabilities, costs, including costs <br /> of defense, arising out of or in any way related to any act or failure to act by Contractor and <br /> Contractor's employees, agents, officers and contractors in connection with Contractor's obligations <br /> conceming services, aid or benefits to be provided to individuals with disabilities. In the event any <br /> such action or claim is brought against City, Contractor shall, upon City's tender, defend the same <br /> at its sole cost and expense, promptly satisfy any judgment adverse to City or to City and <br /> Contractor jointly, and reimburse City for any loss, cost, damage or expense (including legal fees) <br /> suffered or incurred by City. This right of indemnification and to be held harmless shall be in <br /> addition to, and not in replacement of any other right that City may have under any statute, under <br /> the common law or under this contract. <br /> 8.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the <br /> requirements of the Americans with Disabilities Act and the regulations to enforce the Act. <br /> Contractor further warrants that Contractor is in compliance with the requirements of the Act <br /> conceming local government services applicable to Contractor as a result of this agreement. <br /> Contractor shall continue to comply with all applicable provisions of the Act. City shall have the <br /> right. to inspect, upon reasonable notice, Contractor's records and all locations where the work is to <br /> be performed to assure compliance with ail applicable provisions of the Act. <br /> Personal Services Provisions-Page 3 <br /> <br /> Revised July 2001 <br /> <br />