|
~ . - ~ > , ` . ..
<br />' , ; . __ ' ~ ,
<br />, - . .. . ~ ~ , .
<br />. . , . " : ~ , ,
<br />,, contract excePt to'payment for actual labor and .materials fumished to the City: The City may waive in whole or,i~
<br />~ part any forfeitures or sanctions provided iri this,paragraph. , ~
<br />;, , •
<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 - Compiy with all reguirements of.the Americans with Disabilities Act, 42 U.S.C.,sec. 12101, et seq:; and all
<br />< regulations implementing the Act, especially including those regulationsset forth at 28 C:F:R. sec. 35.130, or any ~
<br />. later replacement for those regulations, directly or indirecfly applicable to Contractor as a result of a contract with
<br />the City. ' . . , " . T ,
<br />~ ~ 8.2 ' To.the extenf Iegally possible;.Cont~actor shall indemnify and tiold City, its officers; agents and employees,
<br />~ harmless from and'against any and all claims, actions, liabilities, costs, including costs of defense; arising out of or . - ~
<br />- in any way related to any act or failure.to act by Contractor and Contractor's employees, agents, officers and
<br />, contractors in;connection with Contractor's obligations concerning services, aid or be~efits to be provided to -
<br />individuals vuith disabilities. In the event any such action,or claim isbrought against City, Contractor shali, upon ~
<br />City's`tender, defend the'same at its~sole.cost and ezpense; promptly satisfy any judgmenf adverse to City or to " ~
<br />, City and Contractor jointly, a,nd reimtiurse City for any loss, cost, damage or expense (including legal fees) suffered •,
<br />or incurred by City. This right of indemnification and to:be held ha'rmless~shall be i~ a'ddition to; and not in ,
<br />~replacement of any other right',that City may have under any statute, under the common law or underthis contract. ,
<br />~ ~ .
<br />.' '` , 8.3 ,$y acceptance of this~agreement, Contractqr warrants that Contractor is familiarwith the requirements.of the=` ~
<br />~ . Americans with Disabilities Act and the regulations to enforce;the Act. Contractor further warrants that Contractor is :
<br />in compliance with the requirements of the Act concerning local government ~services applicable to Contractor as a. .'
<br />result of this agreement: Contractor shall continue.to ~comPly with all applicable provisions,of the Act. City shall ~ ~
<br />`. have fhe right to inspect; upon`reasonable notice; Contractor's records and alf locations:where the inrork is to be .
<br />- performed to assure compliance with all applicable provisions of the Act. ' , '
<br />- , ~ .
<br />. , . ~. " ,
<br />, , ,.
<br />~ , ~ , ' , ~.
<br />' . ~„ ' _ ` , ,
<br />% .. ,. i
<br />- { . '
<br />' _ ; . , ' - . ~ ,
<br />`. , , .
<br />. . .
<br />. - .. ,.
<br />' , a ~ . ,
<br />' , ~ . ,
<br />~ > '~
<br />~ , _
<br />, _ Standard Contract Provisions=Page 3 ~ . ,
<br />(Revised November 1994) , . • , , - ' , _ `,
<br />- ~ . . . .. , ;,
<br />
|