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<br />8.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., and all regulations
<br />implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, or any later replacement
<br />for those regulations, directly or indirectly applicable to Contractor as a 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 employees, harmless
<br />from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way
<br />related to any act or failure to act by Contractor and Contractor's employees, agents, officers and contractors in
<br />connection with Contractor's obligations conceming services, aid or benefits to be provided to individuals with disabilities.
<br />In the event any such action or claim is brought against City, Contractor shall, upon City's tender, defend the same at its
<br />sole cost and expense, promptly satisfy any judgment adverse to City or to City and Contractor jointly, and reimburse City
<br />for any loss, cost, damage or expense (including legal fees) suffered or incurred by City. This right of indemnification and
<br />to be held 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 />8.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the requirements of the Americans
<br />with Disabilities Act and the regulations to enforce the Act. Contractor further warrants that Contractor is in compliance
<br />with the requirements of the Act concerning local government services applicable to Contractor as a result of this
<br />agreement. Contractor shall continue to comply with all applicable provisions of the Act. City shall have the right to
<br />inspect, upon reasonable notice, Contractor's records and all locations where the work is to be performed to assure
<br />compliance with all applicable 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 and afirst-tier
<br />subcontractor, including a material supplier, for the purpose of performing a construction contract:
<br />9.1.1 A payment Gause that obligates the contractor to pay the first-tier subcontractor for satisfactory performance
<br />under its subcontract within 10 days of payment by the City out of such amounts as are paid to the contractor
<br />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 after receipt of
<br />payment from the City of Eugene, to pay to the first-tier subcontractor an interest penalty on amounts due in
<br />the case of each payment not made in accordance with the payment clause included in the subcontract
<br />+, pursuant to paragraph 9.1.1 of this subsection. A contractor or first-tier subcontractor shall not be obligated to
<br />~,,~,Y pay an interest penalty if the only reason that the contractor orfirst-tier subcontractor did not make payment
<br />when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City of
<br />Eugene or contractor when payment was due. The interest penalty shall be:
<br />.1 For the period beginning on the day after the required payment date and ending on the date on which
<br />payment of the amount due is made; and
<br />.2 Computed at the rate specified in ORS 279.314(2).
<br />9.2 The Contractor shall include in each of its subcontracts, for the purpose of performance of such contract condition, a
<br />provision requiring the first-tier subcontractor to include a payment clause and an interest penalty clause conforming to
<br />the standards set forth in subsections 9.1.1 and 9.1.2 and requiring each of is subcontractors to include such clauses in
<br />their subcontracts with each lower-tier subcontractor or supplier.
<br />9.3 None of the provisions of this section 9 are intended to prevent the Contractor or any subcontractor from including in its
<br />contracts the provisions described in ORS 279.445(6) and (7).
<br />10. Drug Testing. (ORS 279.312(2))
<br />10.1 The Contractor shall demonstrate that an employee drug testing program is in place at the time of submitting its bid, and
<br />that such program will be maintained throughout the contract period, incuding any extensions. The failure of Contractor
<br />to have, or to maintain such a drug testing program is grounds for rejection of a bid or immediate termination of this
<br />contact.
<br />10.2 The City of Eugene shall not be liable, either directly or indirectly, in any dispute arising out of the substance or procedure
<br />of Contractor's drug testing program. Nothing in this drug testing provision shall be construed as requiring Contractor to
<br />violate any legal, including constitutional, rights or any employee, including but not limited to, selection of which
<br />employees to test and the manner of such testing. The City shall not be liable for Contractor's negligence in establishing
<br />or implementing, failure to establish or implement a drug testing policy, or for any damage or injury caused by
<br />Contractor's employees acting under the influence of drugs while performing work covered by this contract. These are
<br />Contractor's sole responsibilities and nothing in this provision is intended to create any third party beneficiary rights
<br />against the City.
<br />11. Prevailing Wage Provisions. (ORS 279.348 - 279.380)
<br />11.1 The hourly rate of wage to be paid by the Contractor and all subcontractors to workers under this contract shall not be
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