Admin Order 44-23-01-F -- Final Public Contracting Rule 2022

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Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 1 Page 1 City of Eugene Public Contracting Rules 2022 Part 1 Section 1. Section 24 of Rule 137-046-0110 “Personal Services Contract” has the meaning set forth in Eugene Code section 2.1420. Section 2. Rule 137-046-0500 Mandatory Contract Provisions Every Public Contract of the Contracting Agency shall include and require the contractor and all subcontractors to comply with all provisions legally required in a Public Contract, including the following provisions: 1) Fair Employment Practice Provisions. a) Non-Discrimination Requirements. During the performance of the contract, the contractor and each subcontractor shall agree to comply with sections 4.613 to 4.655 of the Eugene Code, 1971, and as follows: A) The Contractor and each subcontractor will not discriminate against any employee or applicant for employment because of an individual’s race, religion, color, sex, national origin, marital status, familial status, age, sexual orientation or source of income, a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262, or because an individual is a person with a disability which, with reasonable accommodation by the employer does not prevent the performance of the work involved, unless based upon a bona fide occupational qualification reasonably necessary to the normal operation of the employer’s business. B) The contractor and all subcontractors employing 15 or more individuals will develop and implement an affirmative action plan to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, sex, age or national origin. Such plan shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. C) The contractor and each subcontractor will post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Human Rights Commission setting forth the provisions of this nondiscrimination clause. b) Reporting. The contractor and each subcontractor will, prior to commencement and during the term of the contract, provide to the Contracting Agency such documentation, and permit any inspection of records as may be required or authorized by rules adopted by the city manager to determine compliance with Subsection 2(a) of this Rule. c) Violations. If upon an investigation conducted pursuant to rules adopted by the city manager in accordance with section 2.019 of the Eugene Code, 1971 there is reasonable cause to believe that the contractor or any subcontractors of the contractor have failed to comply with any of the terms of Subsections 2(a) or 2(b) of this Rule, a determination thereof shall be made by the city manager. Such determination may result in the suspension, cancellation or termination of the principal contract in whole or in part and/or the withholding of any funds due or to become due to the contractor, pending compliance by the contractor and/or its subcontractors, with the terms of Subsections 2(a) and 2(b) of this Rule. Such determination may further result in debarment of the contractor in accordance with these rules.