HomeMy WebLinkAboutEqual Opportunity AgreementForm KIIA 400-1
(Rev. b-2b-72)
This agtectnettt, dated
LIK.' Triifkue
UNITED STATICS DEPARTMENT OF AGRICULTURE
FARMERS HOMK ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
mer Public Utility District
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between
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(herein called "Recipient" whether one or more) and the Farmers Home Administration, United States Department of
Agriculture, pursuant tu the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under the
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by the Farmers Home Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract tinanced with such financial assistance exceeds $10,000—unless
exempted b) rales, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 196$.
It To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the relevant rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid
tor in whole or in part with the aid of such financial assistance, the following "Kqual Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection tor training, including apprenticeship. The contractor agrees to post in conspicuous places, available
to employee:, and applicants lor employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondtscrimination clause,
fb) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(i) The contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, u notice, tu be provided by the Farmers Home Administration,
advising the said labor union or workers' representative of the contractor's commitments under this agreement as
required pursuant to section 202(3)- uf Executive Order 11246 ot September 24, 1%5, and shall post copies of the
notice in conspicuous places available to employees and applicants tor employment,
(d) Ihe contractor will comply with all provisions of Executive Order 11240 ol September 24, 1965, and of all rules,
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect,
fe) The contractor will lurnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the
Farmers Home Administration, Office ut Kqual Opportunity, U. S. Department of Agriculture, and the Secretory of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders,
(f) In the event of the contractor's noncompliance with the Kqual Opportunity (Federally Assisted Construction) clause
or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole ur in part and the contractor may be declared ineligible for further Government Contracts or Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 19b5, oj by rule, regulation or order of the Secretary of Labor, or as provided by Law.
(fj The contractor will include the provisions ot this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance: provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United States.
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Position 6 KHA 400-1 (Rev. 6-26-72)
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2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid
foi is whole or in part with the aid of such financial assistance.
S, To notify all prospective contractors to file the required 'Compliance Statement', Form FtiA 400-6, with their bids.
•1. Form AD-425, Instructions to Contractors, will accompany the notice of awatd of the contract.
Hid conditions for all nunexempt Federal and Federally assisted construction contracts require inclusion of the appropriate
"Hometown" or "Imposed*1 plan affirmative action and equal employment opportunity requirements. All bidders must comply
m%h the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award.
5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance
u! contractors and subcontractors with the provisions ot the Kqual Opportunity Clause and the said rules, regulations, and
orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD-560, Certification of
Notisegregate.l Facilities, to submit the Monthly Manpower Utilization Report, Optional Form 66, us required and such other
information as they may require for the supervision of such compliance, and to otherwise assist the Farmers Home
Administration in the discharge of its primary responsibility lor securing compliance.
h. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive
Otdei with a contractor debarred I'rum Government contracts or federally assisted construction contracts pursuant to Part II,
Subpart D, oi such Kxeeutive Order or to prior authority; and to carry out such sanctions and penalties for violation of the
provisions of the Kqual Opportunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home
Administration or tite Secretary pursuant to such Subpart D<
7. That if Recipient fails or refuses to comply with these undertakings, the Fanners Home Administration may take any
or all ol the following actions: (a) cancel, terminate, or suspend said financial assistance in whole or in part;(b) refrain
(Mm extending any further assistance under the program involved until satisfactory assurance of future compliance has been
received ftOffl Recipient; and (c) refer the case to the Office of Kqual Opportunity, U. S. Department of Agriculture for
appropriate at lion.
Witness the due execution hereof by Recipient on this, the date first above written,
rruckeu Dormer Public Utility District
Recipient
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Roberta C. Huber, President
Recipient
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Numo of t'onrorati-Kecipient
By
President
Susan '■''■ Craig
Deputy District Clerk
Sowetaty
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