New Search
6.3 If a Contractor or subcontractor violates the provisions of sections 1 through 6, the City may, at its option, <br /> terminate said contract or subcontract and said Contractor or subcontractor in such event shall forfeit all <br /> rights under his/her contract except to payment for actual labor and materials furnished to the City. The City <br /> may waive in whole or in part any forfeitures or sanctions provided in this paragraph. <br /> 7. Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.) <br /> The Contractor shall: <br /> 7.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., and all <br /> regulations implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, <br /> or any later replacement for those regulations, directly or indirectly applicable to Contractor as a result of a <br /> contract with the City. <br /> 7.2 To the extent legally possible, Contractor shall indemnify and hold City, its officers, agents and employees, <br /> harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising <br /> out of or in any way related to any act or failure to act by Contractor and Contractor's employees, agents, <br /> officers and contractors in connection with Contractor's obligations concerning services, aid or benefits to be <br /> provided to individuals with disabilities. In the event any such action or claim is brought against City, <br /> Contractor shall, upon City's tender, defend the same at its sole cost and expense, promptly satisfy any <br /> Judgment adverse to City or to City and Contractor jointly, and reimburse City for any bss, cost, damage or <br /> expense (including legal fees) suffered or incurred by City. This right of indemnification and to be held <br /> harmless shall be in addition to, and not in replacement of any other right that City may have under any <br /> statute, under the common law or under this contract. <br /> 7.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the requirements of <br /> the Americans with Disabilities Act and the regulations to enforce the Act. Contractor further warrants that <br /> Contractor is in compliance with the requirements of the Act concerning local government services <br /> applicable to Contractor as a result of this agreement. Contractor shall continue to comply with all <br /> applicable provisions of the Act. City shall have the right to inspect, upon reasonable notice, Contractor's <br /> records and all locations where the work is to be performed to assure compliance with all applicable <br /> provisions of the Act. <br /> <br /> Standard Contract Provision for Personal Services Contracts-Page 3 <br /> Revised July 2001 <br /> <br />