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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 inGuded 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 subwntractor from City contracts for up to three (3) years.
<br /> 1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625)
<br /> 1.1 During the performance of this contract, the ConUactor agrees as follows:
<br /> (a) The Contractor and each subcnntrector agrees that it vrill not discriminate against any employee or applicant far
<br /> employment because of an individual's race, religion, color, sex, national origin, marital status, familial status, age, sexual
<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, vrith reasonable accommodation by the employer does not
<br /> prevent the performance of the work involved, unless based upon a bona fide occupa0onal qualification reasonably
<br /> necessary to the normal operation of the employers business.
<br /> (b) The Cgntractor 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 nationatorigin. Such plan shall include, but not be limited to the following: employment,
<br /> upgrading, demotion, transfer, recruitrnent, recmifinent advertising, layoff or termination, rates of pay or other forms of
<br /> compensation and selection for training, including apprenOceship.
<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 Gause.
<br /> 1.2 The Contractor and each subcontractor will, prior to commencement and during the term of the contract, provide to the
<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 deternine 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 determinafion thereof shall be made in accordance with
<br /> the adopted rules. Such determination may resultin the suspension, cancellation or termination of the principal contract
<br /> in whole or in part andlor the vnthholding of any funds due or to become due [o the ConUactor, pending compliance by the
<br /> Contractor andlor its subcontractors, with the terms of paragraphs 1.1 and 1.2.
<br /> 2. ORS 279A.t20 Nonresident Contractors.
<br /> 2.1 As used in this section, °nonresident contractor' means a conhactor that:' (A) has not paid unemployment taxes or inceme
<br /> taxes in the state of Oregon during the 12 calendar months immediately preceding submission of the bid for the contract,
<br /> (B) 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 conhactor and the contract price exceeds $10,000, the Contractor shall promptly report
<br /> to the Departrnent of Revenue on forms tc be provided by the Department of Revenue the-total cenfractprice, 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 fnal payment on a public contract -
<br /> 3. ORS 2798.220 Conditions concerning payment, contributions, liens, withholtling. The Contractor shall:
<br /> (a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the pertormance of
<br /> the work provided for in the contract.
<br /> (b) Pay all conUlbu0ons or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the
<br /> performance of the contrail.
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<br /> Standard Contract Provisions--Page 6
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<br /> (Revised December 2005)
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