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'I 7.1 The Contractor will comply with all provisions required by the statutes of the state, of contractors on a "public contract" as defined in ORS 279.310(1). 7.2 The Contractor will comply with all requirements of Eugene Code, 1971, Sections 4.613 to 4.650. 7.3 The Contractor shall, in the event he/she willfully violates the provisions of this section or knowingly files false ! affidavits of compliance, waive for a period of one year any right to bid upon any public works project let by the City. 7.4 If a Contractor or subcontractor violates the provisions of this section, the City may, at its option, terminate said contract or subcontract and said Contractor or subcontractor in such event shall forfeit all rights under his/her contract except to payment for actual labor and materials furnished to the City. The City may waive in whole or in part any forfeitures or sanctions provided in this paragraph. I 8. Nondiscrimination on the Basis of Disability (Americans with Disabilities Act, 42 USC sec. 12101 et seq.) j The Contractor shall: 8.1 Comply with all requirements of the Americans with Disabilities Act, 42 U.S.C. sec. 12101, et seq., and all regulations implementing the Act, especially including those regulations set forth at 28 C.F.R. sec. 35.130, or any later replacement for those regulations, directly or indirectly applicable to Contractor as a result of a contract with the City. 8.2 To the extent legally possible, Contractor shall indemnify and hold City, its officers, agents and employees, harmless from and against any and all claims, actions, liabilities, costs, including costs of defense, arising out of or in any way related to any act or failure to act by Contractor and Contractor's employees, agents, officers and contractors in connection with Contractor's obligations concerning services, aid or benefits to be provided to ~ individuals with disabilities. In the event any such action or claim is brought against City, Contractor shall, upon City's tender, defend the same at its sole cost and expense, promptly satisfy any judgment adverse to City or to ~ City and Contractorjointly, and reimburse City for any loss, cost, damage or expense (including legal fees) suffered ~ or incurred by City. This right of indemnification and to be held harmless shall be in addition to, and not in replacement of any other right that City may have under any statute, under the common law or under this contract. 8.3 By acceptance of this agreement, Contractor warrants that Contractor is familiar with the requirements of the Americans with Disabilities Act and the regulations to enforce the Act. Contractor further warrants that Contractor is in compliance with the requirements of the Act concerning local government services applicable to Contractor as a result of this agreement. Contractor shall continue to comply with all applicable provisions of the Act. City shall have the right to inspect, upon reasonable notice, Contractor's records and all locations where the work is to b e performed to assure compliance with all applicable provisions of the Act. 9. Payment to Subcontractors The Contractor shall: j 9.1 Include in each subcontract for property or services entered into by the contractor and a first-tier subcontractor, including a material supplier, for the purpose of performing a construction contract: 9.1.1 A payment clause that obligates the contractor to pay the first-tier subcontractor for satisfactory performance under its subcontract within 10 days of payment by the City out of such amounts as are paid to the contractor by the City of Eugene under such contract; and 9.1.2 An interest penalty clause that obligates the contractor, if payment is not made within 30 days after receipt of payment from the City of Eugene, to pay to the first-tier subcontractor an interest penalty on amounts due in the case of each payment not made in accordance with the payment clause included in the subcontract pursuant to paragraph 9.1.1 of this subsection. A contractor or first-tier subcontractor shall not be obligated to pay an interest penalty if the only reason that the contractor or first-tier subcontractor did not make payment when payment was due is that the contractor or first-tier subcontractor did not receive payment from the City of Eugene or contractor when payment was due. The interest penalty shall be: 9.1.2.1 For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and 9.1.2.2 Computed at the rate specified in ORS 279.314(2). Standard Contract Provisions-Page 12 (Revised Nov. 1999)