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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 pro sions, if applicable, are hereby included in and made a part of the attached contract between the City of Eugene
<br /> and the Contracto named thereon as provided for in the Eugene Code, 1971, the revised statutes of the State of Oregon, and
<br /> Federal laws, rule ,regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR SHALL INCLUDE THESE
<br /> PROVISIONS IN VERY SUBCONTRACT SO THAT THESE PROVISIONS WILL APPLY TO, AND BE BINDING ON EVERY
<br /> SUBCONTRACT R. Failure to comply with any of the applicable provisions below shall be a material breach of the contract and
<br /> may result in deba ent of the Contractor or subcontractor from City contracts for up to three (3) years.
<br /> 1. Fair Emplo ent Practice Provisions (Eugene Code,1971, Section 4.625)
<br /> 1.1 During a performance of this contract, the Contractor agrees as follows:
<br /> (a) Th Contractor and each subcontractor agrees that it will not discriminate against any employee or applicant for
<br /> emplo ent because of an individual's race, religion, color, sex, national origin, marital status, familial status, age, sexual
<br /> orientati n or source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, or
<br /> becaus an individual is a person with a disability which, with reasonable accommodation by the employer does not
<br /> prevent a performance of the work involved, unless based upon a bona fide occupational qualification reasonably
<br /> necessa to the normal operation of the employer's business.
<br /> (b) Th Contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative
<br /> action pl n to insure that applicants are employed, and that employees are treated during employment, without regard to
<br /> their rac ,color, sex, age or national origin. Such plan shall include, but not be limited to the following: employment,
<br /> upgradi ,demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of
<br /> compen lion and selection for training, including apprenticeship.
<br /> (c) Th Contractor and each subcontractor agrees to post in conspicuous places, available to employees and applicants
<br /> for empl yment, notices to be provided by the Human Rights Commission setting forth the provisions of this
<br /> nondis urination clause.
<br /> 1.2 The Con actor and each subcontractor will, prior to commencement and during the term of the contract, provide to the City
<br /> such do mentation, and permit any inspection of records as may be required or authorized by rules adopted by the city
<br /> manage to determine compliance with paragraph 1.1 above.
<br /> 1.3 If upon a investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of the
<br /> Eugene de, 1971 there is reasonable cause to believe that the Contractor or any subcontractors of the Contractor have
<br /> failed to mply with any of the terms of paragraphs 1.1 or 1.2, a determination thereof shall be made in accordance with
<br /> the adop ed rules. Such determination may result in the suspension, cancellation or termination of the principal contract in
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<br /> ~ whole or in part and/or the withholding of any funds due or to become due to the Contractor, pending compliance by the
<br /> Contra rand/or its subcontractors, with the terms of paragraphs 1.1 and 1.2.
<br /> 2. ORS 279A.12 Nonresident Contractors.
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<br /> j 2.1 As used n this section, "nonresident contractor" means a contractor that: (A) has not paid unemployment taxes or income
<br /> taxes in estate of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract,
<br /> (B) does of have a business address in this state and (C) stated in the bid for the contract that it was not a "resident
<br /> bidder" u der ORS 279A.120.
<br /> 2.2 If the Co tractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall promptly report to
<br /> the Depa ent of Revenue on forms to be provided by the Department of Revenue the total contract price, terms of
<br /> payment, length of contract and such other information as the Department of Revenue may require before the Contractor
<br /> may re ve final payment on the public contract. The City may not award a Public Improvement Contract or a Public
<br /> Works C ntract to a nonresident bidder that is an educational service district. The City shall satisfy itself that the
<br /> requirem nt of this subsection has been complied with before the City issues a final payment on a public contract.
<br /> 3. ORS 2796.22 Conditions concerning payment, contributions, Liens, withholding. The Contractor shall:
<br /> (a) Ma payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the
<br /> work pro 'ded for in the contract.
<br /> (b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor orsubcontractor incur-ed in the
<br /> performa ce of the contract.
<br /> (c) Not ermit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality,
<br /> Standard Contract rovisions -Page 1
<br /> (Revised Decembe 2005)
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