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Exhibit D - Standard Contract Provisions
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<br />The following provisions if applicable axe hereby included in and made a paxt of the attached contract between the City of
<br />Eugene and the Contractor named thereon as provided for in the Eugene Code, 1971, the revised statutes of the State of Oregon,
<br />and Federal laws, rules, regulations, and guidelines. Note that the City Attorney has advised that the Fair Employment Practice
<br />Provisions of the Eugene Code do not apply to the purchase of credit, such as the City is purchasing under the Design Finance
<br />Agreement.
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<br />1. Fair Employment Practice Provisions (Eugene Code, 1971, Section 4.625)
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<br />These provisions are applicable to any contract with a Contractor if the City purchases goods or services from the Contractor
<br />costing $2,500 or more in any fiscal year:
<br /> 1.1. During the performance of this contract, the Contractor agrees as follows:
<br /> 1.1.1. The Contxactor will not discriminate against any employee or applicant for employment because of an
<br /> individual's race, religion, color, sex, national origin, maxital status, familial status, age, sexual orientation or
<br /> source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 a~d 419A.262, or
<br /> because a~ individual is a person with a disability which, with reasonable accommodation by the employer
<br /> does not prevent the performance of the work involved, unless based upon a bona fide occupational
<br /> qualification reasonably necessary to the normal operation of the employer's business.
<br /> 1.1.2. Those Contxactors employing 15 or more individuals will develop a~d implement an affirmative action plan
<br /> to insure that applicants are employed, and that employees axe txeated 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:
<br /> employment, upgrading, demotion, txansfer, recruitment, recruitment advertising, layoff or termination, rates
<br /> of pay or other forms of compensation and selection for txaining, including apprenticeship.
<br /> 1.1.3. The Contxactor agrees to post in conspicuous places, available to employees a~d applicants for employment,
<br /> notices to be provided by the Human Rights Commission setting forth the provisions of this
<br /> nondiscrimination clause.
<br /> 1.2. The Contxactor will, prior to commencement a~d during the term of this contract, provide to the City such
<br /> documentation, and permit any inspection of records as may be required or authorized by rules adopted by the city
<br /> manager to determine compliance with paxagraph 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
<br /> the Eugene Code, 1971 there is reasonable cause to believe that the contractor or a~y subcontractors of the Contractor
<br /> have failed to comply with any of the terms of paragraphs 1.1 or 1.2, a determination thereof shall be made in
<br /> accordance with the adopted rules. Such determination may result in the suspension, cancellation or termination of the
<br /> principal contract in whole or in paxt a~d/or the withholding of any funds due or to become due to the Contractor,
<br /> pending compliance by the Contractor a~d/or its subcontractors, with the terms of paxagraphs 1.1 and 1.2.
<br /> 1.4. Failure to comply with a~y of the terms of paxagraphs 1.1 and 1.2 shall be a material breach of this contract.
<br /> 1.5. The Contxactor shall include the provisions of paragraphs 1.1 through 1.4 in contracts with subcontractors so that such
<br /> provisions will be binding upon each subcontractor.
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<br />2. Foreign Contractor Report to Department of Revenue (ORS 279.021)(2)(a)
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<br />The following provision is applicable to all contracts with a contract price exceeding $10,000 if the Contractor is not domiciled in
<br />or registered to do business in the state of Oregon:
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<br />The Contxactor shall promptly report to the Department of Revenue on forms to be provided by the Department of Revenue the
<br />total contract price, terms of payment, length of contract and such other information as the Depaxtment of Revenue may require
<br />before final payment can be received on the public contract. The City shall satisfy itself that the requirement of this subsection
<br />has been complied with before it issues a £mal payment on this contxact.
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<br />3. Payment of Laborers and Materialmen, Contributions to Industrial Accident Fund, Liens, and Withholding Taxes
<br /> (ORS 279.312)
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<br />The Contxactor shall:
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<br /> 3.1. Make payment promptly, as due, to all persons supplying to such Contractor, labor or material for the prosecution of
<br /> the work provided for in such contract.
<br /> 3.2. Pay all contributions or amounts due the Industrial Accident Fund from such Contxactor or subcontractor incurred in
<br /> the performance of the contract.
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<br />Exhibit D - Standard Contract Provisions
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