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<br />Form RD 400-1
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<br />(Rev. 9-96)
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<br />FORMAPPROfED
<br />OMB No.OS7S4)019 a
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<br />UNITED STATES DEPARTMENT OF AGRICULTURE
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<br />EQUAL OPPORTUNITY AGREEMENT
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<br />nus agreement. dated
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<br />between
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<br />Count V of Hawai'i
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<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 (berein called the 'Secretary') issued under the authority of Executive Order 11246 as amended,
<br />witnesseth: '
<br />In consideration of rmancial assistance (whether by a loan, grant. loan guaranty, or other form of rmancial assistance) made or to be
<br />made by the USDA to Recipient, Recipient hereby agrees, if the cash cost of consauction work performed by Recipient or a consauction
<br />contract rmanced with such rmancial assistance exceeds S 1 0,000 - unless exempted by rules, regulations or orders of the Secretary of
<br />Labor issued persuant to Section 204 of Executive Order 11246 of September 24, 1965.
<br />1. To incorporate or cause to be incorporated into any contract for consauction 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 rmancial 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 affumative 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 payor other fonns of compensation; and selection for training. including apprenticeship.lbe 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) 1be concractor 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' representative
<br />of the contractor's commitments under this agreement as required pursuant to section 202(3)- of Executive Order 11246 of
<br />September 24, 1965, and sball post copies of the notice in conspicuous places available to employees and applicants for
<br />employmenL -..
<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 and of any prior authority which remain in effecL
<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 of Director. and the Secretary of Labor for purposes of investigation to ascenain compliance with such rules,
<br />regulations. and orders.
<br />(0 In the event of the contractor's noncompliance with the Equal Opportunity (Federally Assisted ConsU'Uction) clause or with
<br />any of the said rules, regulations, or orders, this contract may be cancelled, terminated. or susPended in whole or in part and the
<br />contractor may be declm:d ineligible for funher GoVenunellt Contracts or Federally Assisted consauction contracts in accordance
<br />with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed
<br />and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation or order of the
<br />Secretary of Labor, or as provided by Law.
<br />(g) The contractOr will include the provisions of this Equal Opportunity (Federally Assisted Consauction) clause in every subcontract
<br />or purchase order, unless exempted by the rules, regulations, or' Orders of the Secretary of Labor issued pursuant to Section 204
<br />of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each such subcontractor or
<br />vendor. Jbe contractor will take such action with respect to any subcontract or purchase order as the USDA may direct as a
<br />means of enforcing such provisions, including sanctions for noncompliance: Provided, however. that in the event the contractor
<br />becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the USDA,
<br />the contractor may request the United States to enter into such litigation to protect the interest of the United States.
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<br />RD 400-1 (Rev. 9-96)
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<br />Position 6
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