|
EXHIBIT A
<br />~ CITY OF EUGENE ~ STANDARD CONTRACT PROVISIONS
<br />Contracts Subject to ORS Chapter X798
<br />Goods and Services including Personal Services OTHER THAN Architects, Engineers, Land Surveyors an Public Improvements
<br />The following provisions, if applicable, are hereby included in and made a part of the attached contract between the City
<br />of Eugene and the Contractor named thereon as provided for in the Eugene Cade,1971, the revised statutes afthe State
<br />of Oregon, and Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR SHALL INCLUDE THESE PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE PROVISIONS WILL
<br />APPLY T0,
<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 cantract and may result in debarment of the Contractor or subcontractor from City contracts for up to three ~3~ years.
<br />1. Fair Employment Practice Provisions 4Eugene Code,1971, Section 4.625y
<br />1.1 During the performance of this cantract, the Contractor agrees as follows:
<br />tai 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 ~uveniie record that has been expunged pursuant to ORS 419A.26q and 419A.262, or because an individual is a person with
<br />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 quaiificatian reasonably necessary to the normal operation of the empbyer's business.
<br />fib} The Contractor and all subcontractors employing 15 ar more individuals will develop and implement an
<br />affirmative action plan to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age or national origin. Such
<br />plan shall include, but not be
<br />limited to the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff
<br />or termination, rates of pay or other farms 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 far employment, no#ices to be provided by the Human Rights Commission setting forth the provisions of this nondiscrimination clause.
<br />1.2 The Contractor and each subcontractor will, prior to commencement and during the term of the contract, provide to the City such documentation, and permit any inspection of retards
<br />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 adapted by the city manager in accordance with section
<br />2.019 of the Eugene Code,1971 there is reasonable Cause to believe tha# the Contractor ar any subcontractors
<br />of the Contractor have failed to comply with any of the terms of paragraphs 1.1 or 1.2, a determination thereof shall be made in accordance with the adapted rules, Such determination
<br />may result in the suspension,
<br />cancellation or termination of the principal cantract in whale or in part andlor the withholding of any funds due or to became due to the Contractor, pending compliance by the Contractor
<br />andlor its subcontractors, with the
<br />terms of paragraphs 1,1 and 1.2.
<br />2. ORS 279A.12Q Nonresident Contractors.
<br />2.1 As used in this section, "nonresident contractor" means a contractor that: ~A~ has not paid unemployment taxes ar income taxes in the state of Oregon during the 12 calendar months
<br />immediately preceding submission of the
<br />. bid for the contract, ~B~ does not have a business address in this state and ~C~ stated in the bid far the contract
<br />that it was not a "resident bidder" under ORS 279A.120,
<br />2.2 If the Contractor is a nonresident cantractar and the contract price exceeds $10,Oaa, the Contractor shall
<br />promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total cantract price, terms of payment, length of contract and such other information
<br />as the Department of Revenue
<br />may require before the cantractar may receive final payment an the public Contract. The City may not award a
<br />Public Improvement Contract ar a Public Works cantract to a nonresident bidder that is an educational service district. The City shall satisfy itself that the requirement of this subsection
<br />has been complied with before the
<br />City issues a fins! payment on a public cantract.
<br />3. ORS 2T9B,Z2Q Conditions concerning payment, contributions, liens, withholding. The cantractar shall:
<br />a : M Y a e payment promptly, as-due,. to all persons supplying to the contractor lobar ar material for the performance of the work provided for in the Contract,
<br />fib} Pay all Contributions or amounts due the Industrial Accident Fund from the contractor ar subcontractor
<br />incurred in the performance of the contract.
<br />.
<br />
|