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' EXHIBIT A
<br /> CITY OF,EUGENE -STANDARD CONTRACT PROVISIONS
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<br /> . Contracts Subject to ORS Chapter 2798
<br /> Goods and Services including Personal Services
<br /> OTHER THAN Architects, Engineers, Land Surveyors on Public Improvements
<br /> The following provisions, iF applicable, are hereby inducted in and made a part of the attached contract between the City of Eugene
<br /> and the Contractor named thereon as provided for in the Eugene Code,1971, the revised statutes of the State of Oregon, and
<br /> Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR SHALL INCLUDE THESE
<br /> PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE PROVISIONS WILL APPLY TO, AND BE BINDING ON EVERY
<br /> SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material breads of the contract and
<br /> may result in debarment of the Contractor or subcontractor from City contrails for up to three (3) years.
<br /> . 1. Fair Employment Practice Provisions (Eugene Code,1971, Section 4.625)
<br /> 1.1 During the performance of this contract, the Contractor agrees as follows:
<br /> (a) The Contractor and each subcontractor agrees that it will not discriminate against any empbyee or applicant for
<br /> employment because of an individual's race, religion, Dolor, sex, national origin, marital status, familial status, age, sexual
<br /> orientation or source of income, a juvenile record that has been expunged pursuant to ORS 419A260 and 419A.262, or
<br /> because an individual is a person with a disability which, with reasonable accommodation by the employer does rat
<br /> prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonabty
<br /> necessary to the normal operation of the employer's business.
<br /> (b) The Contractor and all subcontractors emptying 15 or more irxdividuals will develop and implement an affirmative
<br /> adios plan to insure that applicants are employed, and that empbyees are treated during empoyment, without regard b
<br /> their race, Dolor, sex, age or national origin: Such plan shall inducts, but not be limited >b the following: employment,
<br /> upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of
<br /> compensation and selection for training, inducting apprenticeship.
<br /> (c) The Contractor and each subcontractor agrees to post in conspicuous places, available to employees and applicants
<br /> for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this
<br /> nondiscrimination dause.
<br /> 12 The Contractor and each subcontractor will, prior to commencement and during the term of the contrail, provide bo the City
<br /> such documentation, and permit any inspection of records as maybe required or authorized by rules adopted by the dty
<br /> manager to determine compliance with paragraph 1.1 above.
<br /> 1.3 If upon an investigation conducted pursuant to rules adopted by the dty manager in accordance with section 2.019 of the
<br /> Eugene Code, 1971 there is reasonable puss ~ believe that the Contractor or any subcontractors of the Contractor have
<br /> failed to comply with any of the terms of paragraphs 1.1 or 1.2, a determination thereof shall be made in accordance with
<br /> the adopted rules. Sudi determination may result in the suspension, caraellation or termination of the prindpal contract fn
<br /> whole or In part arxd/or the withholding of any funds due or to become due to the Contractor, pending compliance by the
<br /> Contractor arxt/or its subcontractors, with the terms of paragraphs 1.1 and 1.2.
<br /> 2. ORS 279A.120 Nonresident Contractors.
<br /> 2.1 As used in tliis section, 'nonresident oontradpr" means a contractor tl~at: (A) has not paid unemployment taxes or income
<br /> taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract,
<br /> (B) does not have a business address In this state and (C) stated in the tiid for the contract Ihat it was not a 'resident
<br /> bidder under ORS 279A.120.
<br /> 2.2 if the Contractor is a nonresident contractor and the contrail price exceeds 510,000, the Conrador shall promptly report to
<br /> the Department of Revenue on forms to be provided by the Department of Revenue the total contrail price, terms of
<br /> payment, lengti~ of contract and such other informatign as the Department of Revenue may require before the Contractor
<br /> may receive final payment on the public contrail The City may not award a Public Improvement Contract or a Public
<br /> Works Contract to a nonresident bidder that is an educational service district The City shall satisty itself that the
<br /> requirement of this subsection has been complied with before the City issues a final payment on a public contrail
<br /> 3. ORS 2798.220 Conditions concerning payment, contributions, liens, withholding. The Contractor shall:
<br /> (a) Make payment promptly, as due, to all persons supplying tithe-contractor labor or material for the performance of the
<br /> work provided for to the contrail
<br /> (b) Pay all contributions or amounts due the Industrial Acddent Fund from the contractor or subcontractor incurred in the
<br /> performance of the contract.
<br /> (c) Not permit any lien or daim to be filed or prosecuted against the state or a county, sdaol district, munidpafity,
<br /> Standard Contract Provisions -Page 1
<br /> (Revised December 2005)
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