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<br /> Form RD 400.1 FORM APPROVED
<br /> (Rev.5.00) UNITED STATES DEPARTMENT OF AGRICULTURE OMB No.0575-0018
<br /> EQUAL OPPORTUNITY AGREEMENT
<br /> This agreement,dated between
<br /> ORANGE COUNTY
<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 S 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 /> 1. To incorporate or cause to be incorporated into any contract for construction work,or modification thereof,subject to the
<br /> relevant 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
<br /> with the aid of such financial assistance,the following"Equal Opportunity Clause":
<br /> During the performance of this contract,the contractor 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,but
<br /> not be limited,to the following:employment,upgrading,demotion or transfer;recruitment 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 forth 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 he has a collective bargaining agreement
<br /> or other contract or understanding,a notice,to be provided by the USDA,advising the said labor union or workers'
<br /> representative of the contractor's commitments under this agreement and shall post copies of the notice in conspicuous places
<br /> available to employees and applicants for employment.
<br /> (d)The contractor will comply with all provisions of Executive.Order 11246 of September 24,1965,and of all rules,regulations
<br /> and relevant orders of the Secretary of Labor.
<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 /> regulations,and orders.
<br /> (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,
<br /> regulations,or orders,this contract may be cancelled,terminated,or suspended in whole or in part and the contractor may be
<br /> declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures
<br /> authorized in Executive Order No. 11246 of September 24, 1965,and such other sanctions may be imposed and remedies
<br /> invoked as provided in Executive Order No. 11246 of September 24, 1965,or by rule,regulation or order of the Secretary of
<br /> Labor,or as otherwise provided by Law.
<br /> (g)The contractor will include the provisions of paragraph 1 and paragraph(a)through(g)in every subcontract or purchase order,
<br /> unless exempted by the rules,regulations,or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order
<br /> No. 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor.The
<br /> contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a means of
<br /> enforcing such provisions,including sanctions for noncompliance:Provided,however,that in the event the contractor becomes
<br /> involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the USDA,the
<br /> contractor may request the United States to enter into such litigation to protect the interest of the United States.
<br /> According to the Paperwork Reduction Act of 1995,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 iformation
<br /> collections 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 inforinatkin.
<br /> Position 6 RD 400-1 (Rev.5-00)
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