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F. The Contractor shall provide all information and reports necessary for the City to comply with applicable HUD <br /> regulations and shall permit access to its books, records, accounts, other sources of information, and facilities as <br /> may be determined by HUD or the City to be pertinent to ascertain compliance with HUD regulations. <br /> G. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to <br /> furnish this information, Contractor shall so certify to the City and shall set forth what efforts it has made to <br /> obtain the information. <br /> Section 5. Equal Opportunity: The Contractor hereby agrees to comply with Equal Opportunity Laws,except as otherwise <br /> provided under 41 CFR Part 60, for all work that meets the definition of"federally assisted construction contract" in 41 <br /> CFR Part 60-1.3. <br /> Contractor agrees that it will incorporate or cause to be incorporated into any contract [with subcontractors] for <br /> construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, <br /> which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the <br /> Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal <br /> program involving such grant, contract, loan, insurance, or guarantee,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, <br /> religion, sex, sexual orientation, gender identity, or national origin.The Contractor will take affirmative action to <br /> ensure that applicants are employed, and that employees are treated during employment without regard to their <br /> race, color, religion,sex, sexual orientation, gender identity, or national origin. Such action shall include, but not <br /> be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment <br /> advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, <br /> including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and <br /> applicants for employment, notices to be provided 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, <br /> state that all qualified applicants will receive considerations for employment without regard to race, color, <br /> religion,sex,sexual orientation,gender identify,or national origin. <br /> C. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for <br /> employment because such employee or applicant has inquired about, discussed, or disclosed the compensation <br /> of the employee or applicant or another employee or applicant. This provision shall not apply to instances in <br /> which an employee who has access to the compensation information of other employees or applicants as a part <br /> of such employee's essential job functions discloses the compensation of such other employees or applicants to <br /> individuals who do not otherwise have access to such information, unless such disclosure is in response to a <br /> formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an <br /> investigation conducted by the employer,or is consistent with the contractor's legal duty to furnish information. <br /> D. The Contractor will send to each labor union or representative of workers with which it has a collective <br /> bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting <br /> officer, advising the said labor union or workers' representatives of the Contractor's commitments under section <br /> 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places <br /> available to employees and applicants for employment. <br /> E. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, <br /> regulations,and relevant order of the Secretary of Labor. <br /> Construction Contract Supplemental Conditions 3 1 Page <br />