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 2 d) Failure to Comply. Failure to comply with any of the terms of Subsections 2(a) and 2(b) of this Rule shall be a material breach of the contract. e) Inclusion of Fair Employment Practices Provisions in Contracts with Subcontractors. The contractor shall include the provisions of Subsections 2(a) through 2(d) of this Rule in contracts with subcontractors so that the provisions will be binding upon each subcontractor. f) Contractor Defined. As used in this Section, “contractor” means all persons, wherever situated, but excluding local, state or federal units of government or their officials, from whom the Contracting Agent purchases Goods and/or Services costing $2,500 or more in any fiscal year. 2) Conditions Concerning Payment, Contributions, Liens, Withholding. Every Public Contract shall contain a condition that the contractor shall: a) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract. b) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract. c) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. d) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. 3) Conditions Concerning Payment for Medical Care and Providing Workers’ Compensation. a) Medical Care .Every Public Contract shall contain a condition that the contractor shall promptly, as due, make payment to any Person, co-partnership, association or corporation furnishing medical, surgical and hospital care Services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the contractor agrees to pay for the Services and all moneys and sums that the contractor collected or deducted from the wages of employees under any law, contract or agreement for the purpose of providing or paying for the Services. b) Workers Compensation. Every Public Contract shall contain a clause or condition that all subject employers working under the contract are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 4) Conditions Concerning Hours of Labor. Every Public Contract other than a Public Improvement contract shall contain a condition that the contractor shall pay employees for overtime work performed under the Public Contact in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) a) Personal Services Contracts. In the case of Personal Services Contracts, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of forty(40) hours in any one (1) week, except for individuals under Personal Services Contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 et seq. from receiving overtime. b) Contracts for Services. Contracts for Services must contain a provision that requires that persons employed under the contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement, in ORS 279B.020(1)(b)(B) to (G), or in ORS 279C.540 (1)(b)(B) to (G) and for all time worked in excess of ten (10) hours in any one (1) day or in excess of forty (40) hours in any one (1) week, whichever is greater. 5) Right to Audit Records. a) Cost or Pricing Data. The Purchasing Agent may, at reasonable times and places, audit the books and records of any Person who has submitted cost or pricing data in connection with a contract to the extent that such books and records relate to such cost or pricing data. Each contract shall also require any Person who receives a contract for which cost or pricing data are required, to maintain the books and records that relate to the cost or pricing data for three (3) years from the