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<br /> EXHIBIT A
<br /> CITY OF EUGENE -STANDARD CONTRACT PROVISIONS
<br /> Contracts Subject to ORS Chapter 2796
<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 included in and made a part of the attached contrail 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 T0, AND BE BINDING ON EVERY
<br /> SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material breach of the contrail and
<br /> may result in debarment of the Contrailor 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 contrail, the Contrador agrees as follows:
<br /> (a} The Contrador and each subcontractor agrees that it will not discriminate against any employee or applicant for
<br /> employment because of an individual's race, religion, color, 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 419A.260 and 419A.262, or
<br /> because an individual is a person with a disability which, with reasonable accommodation by the employer does not
<br /> prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonably
<br /> necessary to the normal operation of the employer's business.
<br /> (b) The Contrador and all subcontractors employing 15 or more individuals will develop and implement an affirmative
<br /> action plan to insure that applicants are employed, and that employees are treated during employment, without regard to
<br /> their race, color, sex, age or national origin. Such plan shall include, but not be limited to 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, including apprenticeship.
<br /> (c) The Contrador 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 clause.
<br /> 1.2 The Contrador and each subcontractor will, prior to commencement and during the term of the contrail, provide to the
<br /> City such documentation, and permit any inspection of records as may be required or authorized by rules adopted by the
<br /> city manager to determine compliance with paragraph 1.1 above.
<br /> 1.3 If upon an investigation concluded pursuant to rules adopted by the city manager in accordance with section 2.019 of the
<br /> Eugene Code, 1971 there is reasonable cause to believe that the Contrador or any subcontractors of the Contrador 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. Such determination may result in the suspension, cancellation or termination of the principal contrail
<br /> in whole or in part and/or the withholding of any funds due or to become due to the Contrador, pending compliance by the
<br /> Contrador andlor its subcontractors, with the terms of paragraphs 1.1 and 1.2.
<br /> 2. ORS 278A.120. Nonresident Contractors.
<br /> 2.1 As used in this section, "nonresident contractor" means a contractor that: (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 contrail,
<br /> (B) does not have a business address in this state and (C) stated in the bid for the contrail that it was not a "resident
<br /> bidder„ under ORS 279A.120.
<br /> 2.2 If the Contrador is a nonresident Contrador and the contrail price exceeds $10,000, the Contrador shall promptly report
<br /> to the Department of Revenue on forms to be provided by the department the total contrail price, terms of payment,
<br /> length of contrail and such other information as the department may require before the Contrador may receive final
<br /> payment on the public contrail. The City shall satisfy itself that the requirement of this subsection has been complied with
<br /> before the City issues a final payment on a public contrail.
<br /> 3. ORS 2796.220. Conditions concerning payment, contributions, liens, withholding. The Contrador shall:
<br /> (a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of
<br /> the work provided for in the Contrail.
<br /> (b) Pay all contributions or amounts due the Industrial Accident Fund from the Contrador or subcontractor incurred in the
<br /> performance of the contrail.
<br /> (c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality,
<br /> municipal corporation or subdivision thereof, on account of any labor or material furnished.
<br /> (d} Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
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<br /> Standard Contract Provisions Page 1
<br /> (Revised Apri12005)
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