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1 Form RD 400-I FORM APPROVES (Rev. 9-96) UNITED STATES DEPARTMENT OF AGRICULTURE OMB No. 0575-0019 EQUAL OPPORTUNTI'Y AGREEMENT This agreement, dated between County of Hawaii (herem called "Recipient" whether one or more) and United States Department of Agriculture (USDA), pursuant [o the rules and regulations of the Secretary of Labor (herein called the `Secretary') issued under the authority of Executive Order 11246 as amended, wimesseth: In consideration of futancial assistance (whether by a loan, grant, loan guaranty, or other form of fmancial assistance) made or to be made by [he USDA to Recipient, Recipient hereby agrees, if [he cash cost of construction work performed by Recipient or a construction contract fmanced with such fmancial assistance exceeds $10,000 -unless exempted by rules, regulations or orders of [he Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965. , 1. To incorporate or cause to be incorporated into any contract for construction work, or modification [hereof, subject [o the 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 with the aid of such fmancial assistance, the following "Equal 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 affuma[ive action [o ensure that applicants are employed, and that employees are treated during employment, without regard [o [heir race, color, religion, sex or natioral 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 for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the USDA setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state [hat all qualified applicants wIll receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send [o each labor union or representative of workers with which he has a collective bazgaining agreement or other contract or understanding, a notice, to be provided by the USDA, advising [he said labor union or workers' representative of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of all rules, regulations and relevant orders of [he Secretary of Labor and of any prior authority which remain in effect. (e) The contractor will famish all information and reports required by Executive Order 11246 of September 24, 1965, rules, regulations, and orders, or pursuant [hereto, and will permit access to his books, records, and accounts by the USDA Civil Rights Office of Direcror, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the even[ of the contractor's noncompliance with the Equal 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 or in part and [he 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, 1965, or by rule, regulation or order of the Secretary of Labor, or as provided by Law. (g) The contractor will include the provisions of 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 USDA 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 USDA, ` the contractor may request [he United States to enter into such litigation to protect the interest of the United States. Puhlir rrpnrrin,R Aurdrn Jar rhi.r rollenian f inJormorion v rsrtmorrd m av<mgr !0 minutes per response mdudmg rhr nmr Jor rerir,rinR imrruamn.c. searching enninR tiara snurrca. ,ROrhrrin,R and mainminrng rhr darn needed, and romplamg and rrvrovirtg rhr col/errion of information. Send commrnu regarding rhir Aurdrn emmarr nr am~ other utperr aJ rhea ~ oNemm~ r>f infnrmorinn. mrludin,R rvgg<snans Jnr nduring this Aurdrn. m Depanmrnr of ARriculrurr. Clearanrr Offerer. O/RM, AG Bot 7630. Wathingrna D C ?0250. Pour DO NOT RETURN this/ono W this addresx. Fam~ard m rhr lxul USDA nffire nnh You art oar rrgmrrd m retpond rn rhu rallrrnan n/ink emotion unless n displayt a rurrenrly raLd OMB rnnrrnl numArr RD 400-I (Rev. 9-96) Position 6 f