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employees pursuant to any law, contract or agreement for the purpose of providing or paying for such
<br /> service.
<br /> 6.2 The Contractor and aN subject employers working under this contract are either employers that will comply
<br /> 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 aN provisions required by the statutes of the state, of contractors on a "public
<br /> 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 concerning
<br /> human rights.
<br /> 7.3 The Contractor shall, in the event he/she willfuNy violates the provisions of this section or knowirxfy files
<br /> false affidavits of compliance, waive for a period of one year any right to bid upon any public works project
<br /> let by the City.
<br /> 7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at its option, terminate
<br /> this contrail or a subcontract and said Contractor or subcontractor in such event shall forfeit aN rights under
<br /> his/her contract except to payment for actual labor and materials furnished to the City. The City may waive in
<br /> whole or in part any forfeitures or sanctions provided in this paragraph.
<br /> 8. Nondiscrimination on the Bas1s of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.)
<br /> The Contractor shall:
<br /> 8.1 Comply with aN requirements of the Americans with Disabilities Act, 42 U.S.C. sec.12101, et seq., and aN
<br /> regulations implementing the Ad, especially irtduding 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 Cily.
<br /> 8.2 To Ume extent legally possible, Contractor shah indemnify and hold City, its officers, agents and employees,
<br /> harmless from and against any and aN claims, actions, liabilities, costs, including costs of defense, arising
<br /> out of or in arty 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 disatNNties. to the event any such action or claim is brought against City,
<br /> Contractor shah, 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, arxf reimburse City for any bss, cost, damage or
<br /> expense (irtduding legal fees) suffered or incurred by City. This rght of indemnification and to be held
<br /> harmless shah 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 /> 8.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the requirements of the
<br /> Americans with Disabilities Act and the reputations to enforce the Act. Contractor further warrants that
<br /> Contractor is in compliance with the requirements of the Ad 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 aN applicable
<br /> provisions of the Act.
<br />
<br /> 9. Payment to Subcontractors. (ORS 279.445)
<br /> 9.1 The Contractor shah include in each subcontract for property or services entered into by the contractor and a
<br /> first-tier subcontractor, inducting a material supplier, for the purpose of performing a construction 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 aRer
<br /> receipt of payment from the City of Eugene, to pay to the first-tier subcontractor an interest penalty
<br /> Standard Contract Provisions for Public Works -Page 3
<br /> (Revised July 2001)
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