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21. Fair Employment Practices. Contractor will comply and cause its subcontractors to <br />comply with all of the requirements of Section 4.615 to 4.650 of the Eugene Code, as well <br />as the provisions of ORS 659.010 through 659.030 regarding fair employment practices, <br />including, but not limited to, the following: <br />21.1. During the performance of this contract, the Contractor agrees as follows: <br />21.2. The Contractor will not discriminate against any employee or applicant for <br />employment because of an individual's race, color, sex, national origin, marital <br />status, familiar status, age, sexual orientation or source of income, a juvenile record <br />that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an <br />individual is a person with a disability which, with reasonable accommodation by the <br />employer does not prevent the performance of the work involved, unless based <br />upon a bona fide occupational qualification reasonably necessary to the normal <br />operation of the employer's business. <br />21.3. Those Contractors employing 15 or more individuals will develop and implement an <br />affirmative action plan to insure that applicants are employed, and that employees <br />are treated during employment, without regard to their race, color, sex, age, or <br />national origin. Such plan shall include, but not be limited to the following: <br />employment, upgrading, demotion, transfer, recruitment, recruitment advertising, <br />layoff or termination, rates of pay or other forms of compensation, and selection for <br />training, including apprenticeship. <br />21.4. 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 />21.5. The Contractor will, prior to commencement and during the term of this contract, <br />provide to the city such documentation, and permit any inspection of records as may <br />be required or authorized by Hales adopted by the city manager to determine <br />compliance with paragraph 21.1 above. <br />21.6. 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 <br />to believe that the contractor or any subcontractors of the contractor have failed to <br />comply with any of the terms of paragraphs 21.1 or 21.2, a determination thereof <br />shall be made in accordance with the adopted rules. Such determination may result <br />in the suspensions, cancellation or termination of the principal contract in whole or in <br />part and/or the withholding of any funds due or to become due to the contractor, <br />pending compliance by the contractor and/or its subcontractors, with the terms of <br />paragraphs 21.1 and 21.2. <br />21.7. Failure to comply with any of the terms of paragraphs 21.1 and 21.2 above shall be <br />a material breach of this contract. <br />21.8. Contractor shah 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 April 1998) <br />