Agenda - 12-09-2003-8m - Laserfiche WebLink

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~~ or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Government, the contractor may request the United States to enter into such litigation to protect the interest of'the United States." (b) The Owner agrees to be bound by the above Equal Opportunity clause with respect to his or her own employment practices when participating in federally assisted construction work.. (c) The Owner agrees to assist and cooperate actively with HUD and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, to fumis h HUD and the Secretary of Labor such information as they may require for the supervision of'such compliance, and to otherwise assist HUD in the discharge of HUD's primary responsibility for securing compliance, (d) The Owner Further agrees to refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construc- tion contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity clause as may be imposed upon contractors and subcontrac- tors by HUD or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order, In addition, if the Owner fails or refuses to comply with these undertakings, HUD may take any or all of the following actions; cancel, terminate, or suspend in whole or in part this Agreement; refrain from extending any further assistance to the Owner under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Owner, and refer the case to the Deparhnent of Justice for appropriate legal proceedings. 2.3 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL In compliance with regulations issued by the Environmental Protection Agency (EPA), 40 CFR, Part I5, pursuant to the Clean Air Act, as amended (Air Act), 42 U.S.C. 7401, et s eq., the Federal Water Pollution Control Act, as amended (Water Act), 33 U.S.C. 1251, et seq., and Executive Order 11738, the Owner agrees to: (a) Not utilize any facility in the performance of this Agreement or any subcontract which is listed on the EPA list of Violating Facilities pursuant to Part 15 of the regulations for the duration of time that the Facility remains on the list; Page 5 of i6 HUD-52531-8 (12/88) ref Handbook 7420 8