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(Rev 5-00)
<br />
<br />UNITED STATES DEPARTMENT OF AGRICULTURE
<br />EQUAL OPPORTUNITY AGREEMENT
<br />
<br /> FORM APPROVED
<br /> OMB No. 0575-0018
<br />
<br />Enclosure
<br />
<br />This agreement, dated February 24, 2004
<br /> City of Martinsville
<br />
<br />between
<br />
<br /> (herein called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant to the rules and
<br /> regulations of the Secretary of Labor (herein called the 'Secretary' ) issued under the authority of Executive Order 11246 as amended,
<br /> witnesseth:
<br /> In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance) made or to be
<br />· made by the USDA to Recipient, Recipient hereby agrees, if the cash cost of construction work performed by Recipient or a construction
<br /> contract financed with such financial assistance exceeds $10,000 - unless exempted by rules, regulations or orders of the Secretary of
<br /> Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965.
<br /> I. To incorporate or cause to be inconporated into any contract for construction work, or modification thereof, subject to the relevant
<br /> rules, regulations, and orders of the Secretary or of any prior authority that remain in effect, which is paid for in whole or in part with the
<br /> aid of such financial assistance, the following "Equal Opportunity Clause":
<br /> During the performance of this contract, the conWactor agrees as follows:
<br /> (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or
<br /> national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are
<br /> treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, bet
<br /> not be limi~d, to the following: employment, upgrading, demotion or transfer; recruflmeat or recruitment advertising; layoff
<br /> or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor
<br /> agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the
<br /> USDA .setting fo~,h the provisions of this nondiscrimination clause.
<br /> (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
<br /> qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
<br /> (c) The contractor will send to each labor union or representative of workers with which be has a collective bargaining agreement
<br /> or other centraa or undet~anding, a notice, to be provided by the USDA, advising the said labor union or work~' rep~seatative
<br /> of the contractor s commitments under this ag~ement and shall post copies of the notice m conspLn~:~s places available to employees and
<br /> applicants for employment.
<br /> (d) The conlxaetor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations
<br /> and relevant ~-~ of the Sectary of ~.
<br /> (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, rules,
<br /> regulations, and orders, or pursuant thereto, and will permit access to his books, records, and accounts by the USDA Civil
<br /> Rights Office, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
<br />
<br /> (0 In the eveat of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
<br /> regulations, or orders, ~ contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be
<br /> declared ineligible for fur~ Govermneat contracts or federally assisted construction contracts in accordance with procedu~s
<br /> authorized in ExecufiveO~kx No. 11246 ofSeptembor 24, 1965, and such other sancfioas may beimpesed and remediesinvohxl as
<br /> pmvided in Execefive O~der No. 11246 of September 24, 1965, or by mle, ~co or o~der of the SecreCary of Labor, or as otherwise
<br />
<br /> (g) ~ ~ontra:tor wi~ include the i~ovisions of paragraph 1 and paragraph (a) though (g) in e~nxy'suhcontrac~ or puxchase ordes, unless
<br /> exemlXed by the roles, tegula6ons, or orders of llie Sec~eCa~y of Labor issued pumaant to Section 204 of Executive Order No. 11246 of
<br /> Sel~nber 24, 1965, so that such ixovisions will be binding upon each subcontractor or veador. Tbe contractor will raise such ~cfico with
<br /> ~pect to any subeontrast or purchase ordor as the USDA may direct as a means of eafe~cing such lwovlsions, inchding sancficos for
<br />
<br /> subcoatras~' or vendor as a result of such direction by the USDA, the conlract~ may request the United States to eater into such
<br /> li6gafion te protect the interest of the United States.
<br />
<br />According to the PaPerwork Reduction Act of 199~, an agency may not conduct or sponsor, and a person is not required to respond'
<br />to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information
<br />cq~lections is 0575-0018. The time required to complete this information collection is estimated to average 10 minutes per response,
<br />including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
<br />completing and reviewing the collection of information.
<br />
<br /> RD 400-I (Rev. 5-00)
<br />Position 6
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