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EXHIBIT A
<br /> CITY OF EUGENE -STANDARD CONTRACT PROVISIONS
<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 included in and made a part of the attached wntract between the City
<br /> of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the revised statutes of the State
<br /> of Oregon, and Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR
<br /> SHALL INCLUDE THESE PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE PROVISIONS WILL APPLY TO,
<br /> AND BE BINDING ON EVERY SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall
<br /> be a material breach of the contract-and may result in debarment of the Contractor or subcontractor from City contracts for
<br /> up to three (3) years.
<br /> 1. Fair Employment Practice PfAVIS10nS (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 employee or
<br /> • applicant for employment because of an individual's race, religion, color, sex, national origin, marital status,
<br /> • familial status, age, sexual orientation or source of income, a juvenile record that has been expunged pursuant
<br /> to ORS 419A.260 and 419A.262, or because an individual is a person with a disability which, with reasonable
<br /> accommodation by the employer does not prevent the performance of the work involved, unless based upon a
<br /> bona fide occupational qualification reasonably necessary to the normal operation of the employer's business.
<br /> (b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an
<br /> affirmative action plan to insure that applicants are employed, and that employees are treated during
<br /> employment, without regard to their race, color, sex, age ar national origin. Such plan shall include, but not be
<br /> limited to the following: employment, upgrading, demotion, transfer, recruitment; recruitmentadvertising, layoff
<br /> or termination, .rates of pay or other forms of compensation and selection for training, including apprenticeship.
<br /> (c) The Contractor and each subcontractor agrees to post in conspicuous places, available to employees and
<br /> applicants for employment, notices to be provided by the Human Rights Commissionsetting forth the provisions
<br /> of this nondiscrimination clause.
<br /> 1.2 The Contractor and each subcontractor will, prior to commencement and. during the term of the contract,
<br /> provide to the City such documentation, and permit any inspection of records as may be required or authorized
<br /> by rules adopted by the city manager to determine compliance with paragraph 1.1 above.
<br /> . 1.3 .If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section
<br /> 2.019 of the Eugene Code, 1971 there is.reasonable cause to believe that the Contractor or any subcontractors
<br /> ' of the Contractor have failed to comply with any of the temts of paragraphs 1.1 or 1.2, a determination thereof
<br /> shall be made in accordance with the adopted rules. Such determination may result in the suspension,
<br /> cancellation or termination of the principal contract in whole or in part and/or the withholding of anyfunds due or
<br /> to become due to the Contractor, pending compliance by the Contractor and/or its subcontractors, with the
<br /> terms of paragraphs 1.1 and 1.2.
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<br /> • 2. ORS 279A.120 Nonresident Contractors:
<br /> 2.1 As used in this section, "nonresident contractor" means a contractor that: (A) has not paid unemployment taxes
<br /> or income taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the
<br /> bid for the contract, (B) does not have a business address in this state and (G) stated in-the bid for the contract
<br /> that it was not a "resident bidder" under ORS 279A.120.
<br /> • 2.2 If the Contractor is a nonresident contractor and the contract price exceeds $10,000, the Contractor shall
<br /> promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total
<br /> contract price, terms of payment, length of contract and such other information as the Department of Revenue
<br /> may require before the Contractor may receive final payment on the public contract. The City may not award a
<br /> Public Improvement Contract or a Public Works Contract to a nonresident bidder that is an educational service •
<br /> district The Gity shall satisfy itself that the requirement of this subsection has been complied with before the
<br /> City issues a final payment on a public contract.
<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 to the contractor labor or material for the •
<br /> performance of the work provided for in the contract.
<br /> (b) Pay-all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor
<br /> incurred in the performance of the contract.
<br /> This cover sheet and the City's original` contract are to be sent to the City~Recorder's
<br /> Office. The contractor should receive one original. The .department is advised to keep a
<br /> .copy of the contract.
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