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EXHIBIT A
<br />CITY OF EUGENE -STANDARD CONTRACT PROVISIONS
<br />Contracts Subject to ORS Chapter 279B
<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 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 (3) years.
<br />1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625)
<br />1.1 Dunng 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 applicant for
<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, 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 employers business.
<br />(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an affinnative
<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, recruitment, recruitment advertising, layoff or termination, rates of pay or other fors of
<br />compensation and selection for training, including 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 clause.
<br />1.2 The Contractor and each subcontractor will, prior to commencement and during the ter 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 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 pnnclpal contract
<br />in whole or in part and/or the withholding of any funds due or to become due to the Contractor, pending compliance by the
<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 in this section, "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 />(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 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 2796.220 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 performance 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 permit any lien or claim to be filed or prosecuted against the slate or a county, school district, municipality,
<br />municipal corporation or subdivision thereof, on account of any labor or material furnished.
<br />(d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167.
<br />Standard Contract Provisions - Page 1
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