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21. Fair Employment Practices. Contractor will comply and cause its subcontractors to comply with all <br />of the requirements of Section 4.615 to 4.650 of the Eugene Code, as well as the provisions of ORS <br />659.010 through 659.030 regarding fair employment practices, including, but not limited to, the <br />following: <br />21.1 During the performance of this contract, the Contractor agrees as follows: <br />21.I :1 The Contractor will not discriminate against any employee or applicant for <br />employment because of an individual's race, color, sex, national origin, marital status, <br />familiar status, age, sexual orientation or source of income, a juvenile record that has <br />been expunged pursuant to ORS 419A.260 and 419A.262, or because an individual is <br />a person with a disability which, with reasonable accommodation by the employer <br />does not prevent the performance of the work involved, unless based upon a bona fide <br />occupational qualification reasonably necessary to the normal operation of the <br />employers business. <br />21.1.2 Those Contractors employing 15 or more individuals will develop and implement an <br />affirmative action plan to insure that applicants aze employed, and that employees aze <br />treated during employment, without regard to their race, color, sex, age, or national <br />origin. Such plan shall include, but not be limited to the following: employment, <br />upgrading, demotion, transfer, recruitment, recntitment advertising, layoff or <br />termination, rates of pay or other forms of compensation, and selection for training, <br />including apprenticeship. <br />21.1.3 The Contractor agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices to be provided by the Human Rights Commission <br />setting forth the provisions of this non-discrimination clause. <br />21.2 The Contractor will, prior to commencement and during the terra of this contract, provide to <br />the city such documentation, and permit any inspection of records as may be required or <br />authorized by rules adopted by the city manager to determine compliance with paragraph 21 <br />above. <br />21.3 If upon an investigation conducted pursuant to rules adopted by the city manager in <br />accordance with section 2.019 of the Eugene Code; 1971 there is reasonable cause to believe <br />that the contractor or any subcontractors of the contractor have failed to comply with any of <br />the terms of paragraphs 21.1 or 21.2, a determination thereof shall be made in accordance <br />with the adopted rules. Such determination may result in the suspensions, cancellation or <br />termination of the principal contract in whole or in part and/or the withholding of any funds <br />due or to become due to the contractor, pending compliance by the contractor and/or its <br />subcontractors, with the terms of paragraphs 21.1 and 21.2. <br />21.4 Failure to comply with any of the terms of paragraphs 21.1 and 21.2 above shall be a material <br />breach of this contract. <br />21.5 Contractor shall include the provisions of paragraphs 21.1 through 21.4 so that such <br />provisions shall be binding upon each subcontractor. <br />Public Improvement Contract (Comp~Page 6 <br />(Revised Apri11998) <br />