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6.2 The Contractor and all subject employers working under this contract are either employers that will <br /> comply with ORS 656.017, or employers that are exempt under ORS 656.126. <br /> 7. Labor Contract Conditions (Eugene Code, 1971, Section 2.030) <br /> 7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a <br /> "public contract" as defined in ORS 279.310(1). <br /> 7.2 The Contractor will comply with all requirements of Eugene Code, 1971, Sections 4.613 to 4.650 <br /> concerning human rights. <br /> 7.3 The Contractor shall, in the event he/she willfully violates the provisions of this section or knowingly files <br /> false affidavits of compliance, waive for a period of one year any right to bid upon any public works <br /> 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 this contract or a subcontract and said Contractor or subcontractor in such event shall forfeit ail <br /> rights under his/her contract except to payment for actual labor and materials furnished to the City. The <br /> City may waive in whole or in part any forfeitures or sanctions provided in this paragraph. <br /> 8. Nondiscrimination on the Balls of Disability (Americans with Disabilities Act, 42 USC sec. 12101 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., and all <br /> regulations implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. <br /> 35.130, or any later replacement for those regulations, directly or indirectly applicable to Contractor as a <br /> result of a contract with the City. <br /> 8.2 To the extent legally possible, Contractor shall indemnify and hold City, its officers, agents and <br /> employees, harmless from and against any and all claims, actions, liabilities, costs, including costs of <br /> defense, arising out of or in any way related to any act or failure to act by Contractor and Contractor's <br /> employees, agents, officers and contractors in connection with Contractor's obligations concerning <br /> services, aid or benefits to be provided to individuals with disabilities. In the event any such action or <br /> claim is brought against City, Contractor shall, upon City's tender, defend the same at its sole cost and <br /> expense, promptly satisfy any judgment adverse to City or to City and Contractor jointly, and reimburse <br /> City for any bss, cost, damage or expense (including legal fees) suffered or incurred by City. This right of <br /> indemnification and to be held harmless shall be in addition to, and not in replacement of any other right <br /> that City may have under any statute, under the common law or under this contract. <br /> 8.3 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 <br /> that 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 /> 9. Payment to Subcontractors. (ORS 279.445) <br /> 9.1 The Contractor shall include in each subcontract for property or services entered into by the contractor <br /> and afirst-tier subcontractor, including a material supplier, for the purpose of performing a construction <br /> contract: <br /> 9.1.1 A payment clause that obligates the contractor to pay the first-tier subcontractor for satisfactory <br /> performance under its subcontract within 10 days of payment by the City out of such amounts as <br /> are paid to the contractor by the City of Eugene under such contract; and <br /> 9.1.2 An interest penalty clause that obligates the contractor, if payment is not made within 30 days <br /> after receipt of payment from the City of Eugene, to pay to the first tier subcontractor an interest <br /> penalty on amounts due in the case of each payment not made in accordance with the payment <br /> clause included in the subcontract pursuant to paragraph 9.1.1 of this subsection. A contractor <br /> <br />