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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 induded in and made a part of the attached contract 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 TO, AND BE BINDING ON EVERY
<br /> SUBCONTRACTOR. Failure to comply with any of the applicable provisions below shall be a material breach of the contract and
<br /> may result in debarment of the Contractor or subcontractor from City contracts for up to three (3j years.
<br /> 7. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625)
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<br /> j 1.1 During the pertomtance 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 applicant for
<br /> employment because of an individual's race, religion, color, sex, national origin, marital status, familial status, age, sexual i
<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. ~
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<br /> (b). The Contractor 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, recru'finent, recruitment advertising, layoff or termination, rate's of pay or other forms of
<br /> compensation and selection for training, induding apprenticeship.
<br /> (c) The Contractor 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 dause. ~
<br /> 1.2 .The Contractor and each subcontractor will, prior to commencement and during the term of the contract, provide to the ~
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<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 conducted 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 Contractor or any subcontractors of the Contractor 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 contract
<br /> in whole or in part andlor the withholding of any funds due or to become due to the Contractor, pending compliance by the i
<br /> Contractor and/or its subcontractors, with the terms of paragraphs 1.1 and 1.2.
<br /> 2. ORS 279A.120 Nonresident Contractors.
<br /> 2.1 As used m this secton, "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 contract,
<br /> (Bj does not have a business address in this state and (C) stated in the bid for the contract That it was not a "resident
<br /> 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 promptly report
<br /> to the Department 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 receive final payment on the public contract The City may not award a Public improvement Contract or a Public
<br /> Works Contract to a nonresident bidder that is an educational service district. The City shall satisfy itself that the ~
<br /> requirement of this subsection has been complied with before the City issues a final payment on a public contract
<br /> 3. ORS 2798.220 Conditions concerning payment, contributions, liens, withholding. The Contractor shall: €I
<br /> (a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the perforrnance of
<br /> the work provided for in the contract.
<br /> (b) Pay all contributions or amounts due the industrial Accident Fund from the contractor or subcontractor incurred in the
<br /> performance of the contract.
<br /> (c) Not pertmft any lien or daim to be filed or prosecuted against the state or a county, school district, municipality,
<br /> munidpal corporation or subdivision thereof, on account of any labor or material furnished.
<br /> (dj Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
<br /> Standard Contract Provisions -Page 1
<br /> (Revised December.2005)
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