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Res 1978-055
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Res 1978-055
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8/18/2008 3:57:25 PM
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City Clerk
City Clerk - Document
Resolutions
Number
1978-55
Date
7/3/1978
Volume Book
49
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<br />~ <br /> <br />I~ <br /> <br />as provided in Executive Order No. 11246 of September 24, 1965, <br />or by rule, regulation, or order, and amendmenWof the fore- <br />going, of the Secretary of Labor, or as otherwise provided by law. <br /> <br />(7) The contractor will include the provisions of paragraphs (1) <br />through (6) in every subcontract or purchase order unless exempted <br />by rules, regulations, or orders of the Secretary of Labor issued <br />pursuant to Section 204 of the Executive Order No. 11246 of Septem- <br />ber 24, 1965, so that such provisions will be binding upon each <br />subcontractor or vendor. The contractor will take such action with <br />respect to any subcontract or purchase order as the Government may <br />direct as a means of enforcing such provisions including sanctions <br />for noncompliance: Provided, however, that in the event that the <br />contractor becomes involved in, or is threatened with, litigation <br />with a subcontractor or vendor as a result of such direction by <br />the Government, the contractor may request the United States to <br />enter into such litigation to protect the interest of the United States." <br /> <br />The Grantee/Borrower further agrees that it will be bound by the above equal <br />opportunity clause with respect to its own employment practices when it <br />participates in federally assisted (construction) work: Provided that if <br />the Grantee/Borrower so participating is a State or local government, the <br />above equal opportunity clause is not applicable to any agency, instrumenta- <br />lity or subdivision of such government which does not participate in work on <br />or under the contract. <br /> <br />The Grantee/Borrower agrees that it will assist and cooperate actively with <br />the Government in obtaining the compliance of contractors and subcontractors <br />with the equal opportunity clause and the rules, regulations, and relevant <br />orders of the Government that it will furnish the Government such informa- <br />tion as they may require for the supervision of such compliance, and that it <br />will otherwise assist the Government in the discharge of its primary <br />responsibility for securing compliance. <br /> <br />I <br /> <br />The Grantee/Borrower further agrees that it will refrain from entering into <br />any contract or contract modification subject to Executive Order 11246 of <br />September 24, 1965, with a contractor debarred from, or who has not demonstrated <br />eligibility for, Government contracts and federally assisted construction <br />contracts pursuant to the Executive Order and will carry out such sanctions <br />and penalties for violation of the equal opportunity clause as may be imposed <br />upon contractors and subcontractors by the Government pursuant to Part II, <br />Subpart D of the Executive Order. In addition, the Grantee/Borrower agrees <br />that if it fails or refuses to comply with these undertakings the Government <br />may take any or all of the following actions: cancel, terminate, or suspend <br />in whole or in part this grant (and/or loan); refrain from extending any <br />further assistance to the Grantee/Borrower under the program with respect to <br />which the failure or refund occurred until satisfactory assurance of future <br />compliance has been received from such Grantee/Borrower; and refer the case <br />to the Department of Justice for appropriate legal proceedings. <br /> <br />- 3 - <br />
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