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EPA Letter and backup
COE
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Operating
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2011
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EPA Letter and backup
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Last modified
8/18/2011 1:36:28 PM
Creation date
8/18/2011 1:35:50 PM
Metadata
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Template:
PW_Operating
PW_Document_Type_ Operating
Correspondence
Fiscal_Year
2011
PW_Division
Engineering
GL_Fund
131
GL_ORG
9340
GL_Grant
621
GL_Project_Number
300316
External_View
No
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15.4 .2 .3 Violations. <br /> If upon an investigation conducted pursuant to rules adopted by the <br />city manager in accordance with section 2.019 of the Eugene Code, 1971 there <br />is reasonable cause to believe that the contractor or any subcontractors of the <br />contractor have failed to comply with any of the terms of Subsections 15.4.2.1 <br />or 15.4.2.2, a determination thereof shall be made by the city manager. Such <br />determination may result in the suspension, cancellation or termination of the <br />principal contract in whole or in part and/or the withholding of any funds due or <br />to become due to the contractor, pending compliance by the contractor and/or its <br />subcontractors, with the terms of Subsections 15.4.2.1 and 15.4.2.2. Such <br />determination may further result in debarment of the contractor in accordance <br />with these rules. <br />15.4 .2 .4 Failure to Comply. <br /> Failure to comply with any of the terms of Subsections <br />15.4.2.1 and 15.4.2.2 shall be a material breach of the contract. <br />15.4 .2 .5 Inclusion of Fair Employment Practices Provisions in Contracts with <br />Subcontractors. <br /> The contractor shall include the provisions of Subsections <br />15.4.2.1 through 15.4.2.4 in contracts with subcontractors so that the provisions <br />will be binding upon each subcontractor. <br />15.4 .2 .6 Contractor Defined. <br /> As used in this Section 15.4.2, “contractor” means all <br />persons, wherever situated, but excluding local, state or federal units of <br />government or their officials, from whom the city purchases Goods and/or <br />Services costing $2,500 or more in any fiscal year. <br />15.4 .3 N-RC. <br />ONESIDENT ONTRACTORS <br />15.4 .3 .1 Non-Resident Defined. <br /> As used in this section, “non-Resident contractor” <br />means a contractor that: (a) has not paid unemployment taxes or income taxes <br />in the state of Oregon during the 12 calendar months immediately preceding <br />submission of the Offer for the contract, (b) does not have a business address in <br />this state and (c) stated in the Offer for the contract that it was not a “resident <br />bidder” under ORS 279A.120. <br />15.4 .3 .2 Report to Department of Revenue. <br /> If the contractor is a non-Resident <br />contractor and the Contract Price exceeds $10,000, the contractor shall promptly <br />report to the Department of Revenue on forms to be provided by the department <br />the total Contract Price, terms of payment, length of contract and such other <br />information as the department may require before the contractor may receive <br />final payment on the Public Contract. The city shall satisfy itself that the <br />requirement of this subsection has been complied with before the City issues a <br />final payment on a Public Contract. <br />15.4 .4 RIP. <br />IGHT TO NSPECT LANT <br />Article 15 ContractsPage 72 <br />Exhibit A to Administrative Order No. 44-08-06-F <br /> <br />
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