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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 />conceming 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 all <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 Basis 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 conceming <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 loss, 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 />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 pertorming 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 />