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14. Equal Employment Opportunity
<br /> During the performance of this Contract Agreement,the Subrecipient must ensure that no otherwise qualified
<br /> person shall be excluded from participation or employment, denied program benefits, or be subject to
<br /> discrimination based on race, color, national origin, sex, age, handicap, religion, or religious preference, under any
<br /> program or activity funded under this Contract Agreement, as required by Title VI of the Civil Rights Act of 1964,
<br /> the Fair Housing Act(42 USC §§ 3601-29)and all implementing regulations, and the Age Discrimination Act of
<br /> 1975, and all implementing regulations. The Subrecipient shall take affirmative action to ensure that applicants for
<br /> employment are employed, and that employees are treated during employment, without regard to their race, color,
<br /> religion, sex, or national origin. Such action shall include but not be limited to: employment, upgrading, demotion,
<br /> or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
<br /> compensation; and selection for training, including apprenticeship. Subrecipient shall post in conspicuous places,
<br /> available to employees and applicants for employment, notices to be provided by the government setting forth the
<br /> provisions of this non-discrimination clause. The Subrecipient shall state that all qualified applicants will receive
<br /> consideration for employment without regard to race, color, religion, sex, or national origin.
<br /> 15. Contractors and Subcontractors
<br /> All work supported under this Contract Agreement must be in compliance with the following regulations:
<br /> a. The Copeland Anti-Kickback Act(40 USC, Chapter 3, Section 276c and 18 USC, Part 1, Chapter 41,
<br /> Section 874; and 29 CFR part 3)requires that workers be paid weekly,that deductions from workers'
<br /> pay be permissible, and that contractors maintain and submit weekly payrolls. The Contract Work
<br /> Hours and Safety Standards Act(40 USC, Chapter 5, Sections 326-3)32; and 29 CFR Part 4, 5, 6 and 8;
<br /> 29 CFR parts 70 to 240)applies to contracts over$100,000 and requires that workers receive overtime
<br /> compensation(time and one-half pay)for hours they have worked in excess of 40 hours in one week.
<br /> Violations under this Act carry a liquidated damages penalty ($10 per day per violation).
<br /> b. Executive Order 11246- Subrecipients hereby agree to place in every contract and subcontract for
<br /> construction exceeding$10,000 the Notice of Requirement for Affirmative Action to ensure Equal
<br /> Employment Opportunity. The Subrecipient furthermore agrees to insert the appropriate Goals and
<br /> Timetables issued by the Department of Labor in such contracts and subcontracts. The Executive Order
<br /> also requires contractors with 51 or more employees and contracts of$50,000 or more to implement
<br /> affirmative action plans to increase the participation of minorities and women in the workplace if a
<br /> workforce analysis demonstrates their under-representation, meaning that there are fewer minorities
<br /> and women than would be expected given the numbers of minorities and women qualified to hold the
<br /> positions available.
<br /> c. Environmental Laws—All recipients of subgrants in excess of$150,000 shall comply with all
<br /> applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-
<br /> 7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).
<br /> d. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award
<br /> exceeding$100,000 must file the certification required under the Byrd Anti-Lobbying Amendment,
<br /> certifying that it will not and has not used Federal appropriated funds to pay any person or organization
<br /> for influencing or attempting to influence an officer or employee of any agency, a member of Congress,
<br /> officer or employee of Congress, or an employee of a member of Congress in connection with
<br /> obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, and disclosing
<br /> any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
<br /> e. Certain Telecommunications Equipment—Grant funds may not be used to contract, re-contract,
<br /> procure, or obtain equipment, services, or systems that uses covered telecommunications equipment or
<br /> services as a substantial or essential component of any system,or as critical technology as part of any
<br /> system.As described in Public Law 115-232, section 889, covered telecommunications equipment is
<br /> telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or
<br /> any subsidiary or affiliate of such entities).
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