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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
<br />of Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the revised statutes of the State
<br />of Oregon, and Federal laws, rules, regulations, and guidelines. THE CONTRACTOR AND EVERY SUBCONTRACTOR
<br />SHALL INCLUDE THESE PROVISIONS IN EVERY SUBCONTRACT SO THAT THESE PROVISIONS WILL APPLY TO,
<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 contract and may result in debarment of the Contractor or subcontractor from City contracts for
<br />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 Contractor agrees as follows:
<br />(a) 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 juvenile record that has been expunged pursuant
<br />to ORS 419A.260 and 419A.262, or because an individual is a person with 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 qualification reasonably necessary to the normal operation of the employer's business.
<br />(b) The Contractor and all subcontractors employing 15 or more individuals will develop and implement an
<br />affirmative action plan to insure that applicants are employed, and that employees are treated during
<br />employment, without regard to their race, color, sex, age or national origin. Such 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 forms 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 for employment, notices to be provided by the Human Rights Commission setting forth the provisions
<br />of this nondiscrimination clause.
<br />1.2 The Contractor and each subcontractor will, prior to commencement and during the term of the contract,
<br />provide to the City such documentation, and permit any inspection of records 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 adopted by the city manager in accordance with section
<br />2.019 of the Eugene Code, 1971 there is reasonable cause to believe that the Contractor or 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
<br />shall be made in accordance with the adopted rules. Such determination may result in the suspension,
<br />cancellation or termination of the 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 subcontractors, with the
<br />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
<br />or income taxes in the state of Oregon during the 12 calendar months 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 for the contract
<br />that it was not a "resident 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
<br />promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the total
<br />contract price, terms of payment, length of contract and such other information as the Department of Revenue
<br />may require before the Contractor may receive final payment on the public contract. The City may not award a
<br />Public Improvement Contract or a Public Works Contract to a nonresident bidder that is an educational service
<br />district. The City shall satisfy itself that the requirement of this subsection has been complied with before the
<br />City issues a final payment on a public contract.
<br />3. ORS 27913.220 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
<br />performance of the work provided for in the contract.
<br />(b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor
<br />incurred in the performance of the contract.
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