Common use of Equal Employment Opportunity Clause in Contracts

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This action includes but is not 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 10 contracts

Samples: Personal Services Contract, Personal Services Contract, Personal Services Contract

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Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not 10.12.1 The Design Professional shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, sexual orientationage, gender identity, physical or national originmental disability or status as a U.S. veteran. The contractor must Design Professional shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national originstatus as a U.S. veteran except where it relates to a bona fide occupational qualification. This Such action includes shall include, but is not be limited to in the following: Employment; employment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates rates of pay or other forms of compensation; and Selection , and, selection for training, including apprenticeship. Contractor must The Design Professional agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause; State . 10.12.2 The Design Professional shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Design Professional, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants status as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response a U.S. veteran except where it relates to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send bona fide occupational qualification. 10.12.3 The Design Professional shall send to each labor union or representative of workers with which it the Design Professional has a collective bargaining agreement or other contract or understanding understanding, a notice advising the labor union or workers’ representatives worker’s representative of Contractorthe Design Professional’s commitments under this Section 3.d. Contractor must nondiscrimination clause and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 10.12.4 The Design Professional shall comply with all relevant provisions of Executive Order 11246 of September 24, 1965, state and of the rules, federal laws and regulations, or relevant orders of the Secretary of Labor, and . The Design Professional shall furnish all information and reports requested by the Owner or reports required by or pursuant to them. Contractor must also the rules and regulations herein and shall permit access to its bookspayroll and employment records by the Owner or the Owner’s Representatives for the purposes of investigation to ascertain compliance with such rules, recordsregulations or requests, or accounts with this nondiscrimination clause. 10.12.5 In the event of the Design Professional’s noncompliance with the nondiscrimination clauses of the Agreement or with any of the aforesaid rules, regulations or requests, this Agreement may be canceled, terminated or suspended in whole or in part and the Design Professional may be declared ineligible for further Agreements with the Owner. In addition, the Owner may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the administering agency Code of Iowa as heretofore and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulationshereafter amended, or orders; by the rules and Include regulations of the requirements Owner or as otherwise provided by law. 10.12.6 The Design Professional shall include the provisions of this Section 3 Article 6 hereof in every subcontract or purchase order agreement with Professional Consultants unless specifically exempted by rules, regulations, or orders approval of the Secretary Owner, in accordance with the rules and regulations of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965said Owner, so that these requirements will such provisions shall be binding on each subcontractor or vendorProfessional Consultant. Contractor must The Design Professional shall take any such action with respect to any subcontract or purchase order Professional Consultant as the administering agency Owner or the Owner’s authorized representative may direct as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor noncompliance provided, however, that in the event the Design Professional becomes involved in in, or is threatened with with, litigation with by a subcontractor or vendor Professional Consultant as a result of such direction by the administering agencyBoard of Regents, then Contractor State of Iowa or its institutions, the Design Professional may request that the United States State of Iowa to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractIowa.

Appears in 9 contracts

Samples: Owner and Design Professional Agreement, Owner and Design Professional Agreement, Owner and Design Professional Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, THE CONTRACTOR agrees as defined in 41 CFR Part 60-1.3, then Contractor mustfollows: Not THE CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must THE CONTRACTOR will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must THE CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . THE CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of Contractor THE CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . THE CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s THE CONTRACTOR's legal duty to furnish this information; Send . THE CONTRACTOR will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s THE CONTRACTOR's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . THE CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . THE CONTRACTOR will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. In the event of THE CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include THE CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. THE CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor sub or vendor. Contractor must THE CONTRACTOR will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a becomes involved in in, or is threatened with with, litigation with a subcontractor sub or vendor as a result of such direction by the administering agency, then Contractor THE CONTRACTOR may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of s and subs with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon s and remedies invoked as provided in that executive order; subs by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 7 contracts

Samples: Professional Services Agreement, Professional Services Agreement, Subrecipient Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the Contractor 6HOOHU agrees as defined in 41 CFR Part 60-1.3, then follows: (a) The Contractor must: Not 6HOOHU shall not discriminate against any employee or applicant for employment because of race, of race color, religion, sex, sexual orientation, gender identity, disability, or national origin. . (b) The contractor must Contractor 6HOOHU shall take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. This Such action includes shall include, but is not be limited to the following: Employmentto, upgrading(1) employment, (2) upgrading demotion, or (4) transfer; Recruitment , (5) recruitment or recruitment advertising; Layoff , (6) layoff or termination; Rates , (7) rates of pay or other forms of compensation; , and Selection for training, including apprenticeship. (8) selection (c) The Contractor must 6HOOHU agrees to post in conspicuous places that are accessible by available to employees and applicants for employment the notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause; State . (d) The Contractor 6HOOHU shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor/Seller, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about. (e) The Contractor 6HOOHU shall send, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a understanding, the notice to be provided by the Contracting Officer advising the labor union or workers’ representatives representative of the Contractor’s commitments under this Section 3.d. Contractor must clause, and post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (f) The Contractor 6HOOHU shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (g) The Contractor 6HOOHU shall furnish all provisions information and reports required by Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. The Contractor 6HOOHU shall permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (h) In the event of a that the Contractor 6HOOHU is in non­ compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor/seller may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of the rulesSeptember 24, regulations1965, or relevant orders by rule, regulation, or order of the Secretary of Labor, and furnish all information or reports required as otherwise provided by or pursuant to them. Contractor must also permit access to its books, records, or accounts by law. (i) The contractor/seller will include the administering agency and the Secretary provisions of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor sub[contractor/seller] or vendor. Contractor must The [contractor/seller] will take any such action with respect to any subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirements, including such provisions in cluding sanctions for noncompliance. If Contractor : Provided, however, that in the event the [contractor/seller] becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of direction by such direction, the administering agency, then Contractor [contractor/seller] may request that the United States to enter into the such litigation to protect the interests of the United States. In . (j) Compliance with the event that Contractor does requirements of this clause shall be to the maximum extent consistent with, but not comply in derogation of, compliance with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order section 7(b) of the Secretary Indian Self-Determination and Education Assistance Act and the Indian Preference clause of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractcontract.

Appears in 7 contracts

Samples: Contract for Services, Contract Agreement, Contract for Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . 4. The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions; cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 6 contracts

Samples: Emergency Services Agreement, Emergency Services Agreement, Emergency Services Agreement

Equal Employment Opportunity. If the Contract involves Agreement is for construction workConstruction Work,defined as defined in 41 CFR Part 60-1.3the construction, then rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services, the following provision shall apply. During the performance of this Contract, Contractor must: Not agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . d. Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In . i. CSU further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the Contract. j. CSU agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. k. CSU further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, CSU agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 6 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the CONTRACTOR agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONTRACTOR will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: : b) Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . c) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of Contractor he CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . d) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe CONTRACTOR’s legal duty to furnish this information; Send . e) The CONTRACTOR will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractorthe CONTRACTOR’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . f) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . g) The CONTRACTOR will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. h) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. i) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The CONTRACTOR will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor The CONTRACTOR may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 6 contracts

Samples: Professional Services, Professional Services, Professional Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of the contract, OGS centralized contract (if applicable) or any purchase by an Authorized User, the Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: (1) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (2) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish this information; Send . (3) The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (5) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of the OGS centralized contract or with any of the said rules, regulations, or orders; , the OGS centralized contract may be canceled, terminated, or suspended in whole or in part, and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The Authorized User further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the Authorized User so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Authorized User agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The Authorized User further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Authorized User agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the Authorized User under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such Authorized User; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 5 contracts

Samples: Piggyback Contract, Master Contract, Master Contract

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: (1) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe contractor’s legal duty to furnish this information; Send . (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the labor union or workers’ representatives of Contractorthe contractor’s commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its their books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency County may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In Contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Contractor and refer the case to the Department of Justice for appropriate legal proceedings. These requirements include but provisions are not limited to: Paying prevailing wages included in addition to laborers the Equal Employment Opportunity Practices Provisions in the General Terms and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; Conditions and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractabide by both provisions.

Appears in 5 contracts

Samples: Cbo Master Contract Annual Renewal Amendment, Cbo Master Contract Annual Renewal Amendment, Cbo Master Contract Annual Renewal Amendment

Equal Employment Opportunity. If (applicable if the Contract involves Agreement is a federally assisted construction workprojectas defined in 41 CFR Part 60-1.3, then Contractor must: Not excess of $10,000) 1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Consultant will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Consultant agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the Consultant's legal duty to furnish this information; Send . 4. The Consultant will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the Consultant's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The Consultant will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Consultant will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The Consultant will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a Consultant becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor agency the Consultant may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 5 contracts

Samples: CDBG Dr Funded Projects Agreement, Professional Services Agreement, Professional Services Agreement

Equal Employment Opportunity. If (applicable if the Contract involves Agreement is a federally assisted construction workprojectas defined in 41 CFR Part 60-1.3, then excess of $10,000) 1. The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s 's legal duty to furnish this information; Send . 4. The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then agency the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 4 contracts

Samples: Fema Public Assistance Grant Funded Projects Agreement, Professional Services Agreement, Professional Services Agreement

Equal Employment Opportunity. If the Contract involves a Contract, including amendments, is for more than $10,000, then Contractor shall comply with Executive Order 11246, entitled construction workEqual Employment Opportunity,” as defined amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Executive Order prohibits contractors and federally-1.3assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, then color, religion, sex, or national origin. The Executive Order also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. 1.1 Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 1.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 1.3 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . 1.4 Contractor will send to each labor union or representative of workers with which it Contractor has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 1.5 Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 1.6 Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 1.7 In the event of Contractor's noncompliance with the nondiscrimination clauses of a Contract or with any of the said rules, regulations, or orders; , a Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction 1.8 Contractor will include the portion of this Section 3 the sentence immediately preceding subsection 1.1 and the provisions of subsection 1.1 through subsection 1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 4 contracts

Samples: Participating Addendum, Participating Addendum, Participating Addendum

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then 1. Contractor must: Not shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor shall take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes but is not limited to shall include without limitation the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must shall post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s 's legal duty to furnish this information; Send . 4. Contractor shall send to each labor union or representative of workers with which it Contractor has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must Section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply with . 5. Contractor shall furnish all provisions of information and reports required by Executive Order 11246 of September 24, 1965, and of the by rules, regulations, or relevant and orders of the Secretary of LaborLabor pursuant thereto, and furnish all information or reports required by or pursuant to them. Contractor must also shall permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, or and orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. 6. In the event that Contractor does not comply of Contractor's noncompliance with any nondiscrimination clause under this Exhibit C or the Contractsection, District this Agreement may cancelbe canceled, terminateterminated, or suspend the Contract suspended in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 2411246, 1965. Additional and such other sanctions may be imposed and remedies invoked as provided in that executive order; Executive Order 11246, or by rule, regulation, or order of the Secretary of Labor; , or as otherwise provided by law. 7. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000Contractor shall include these provisions in every subcontract or purchase order unless exempted by rules, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148)regulations, as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by or orders of the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which so that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contractsuch provisions will be binding upon each subcontractor or vendor. Contractor shall pay take such action with respect to any subcontract or purchase order as the higher administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Contractor may request the United States to enter into such litigation to protect the interests of the applicable state or federal prevailing rate of wage as provided in the body of the ContractUnited States.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Services Agreements

Equal Employment Opportunity. If A. All federally assisted construction contracts must include the Contract involves “construction work” as defined in equal opportunity clause provided under 41 CFR Part §60-1.4(b). Federally assisted construction contracts include any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the federal government. Construction work is defined as “the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.” (41 CFR §60-1.3) B. Pursuant to 41 CFR §60-1.4(b), then Contractor must: Not the following language shall be included in all federally assisted construction contracts and subcontracts: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, That in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor agency the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 4 contracts

Samples: Grant Agreement, Contract Agreement, Grant Agreement

Equal Employment Opportunity. If (applicable if the Contract involves Agreement is a federally assisted construction workprojectas defined in 41 CFR Part 60-1.3, then Contractor must: Not excess of $10,000) 1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Consultant will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Consultant agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the Consultant's legal duty to furnish this information; Send . 4. The Consultant will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the Consultant's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The Consultant will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Consultant will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The Consultant will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a Consultant becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor agency the Consultant may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 4 contracts

Samples: Consulting Agreement, Professional Services Agreement, Professional Services Agreement

Equal Employment Opportunity. If Except as otherwise provided under 41 CFR Part 60, all contracts that meet the Contract involves “definition of "federally assisted construction work” as defined contract" in 41 CFR Part 60-1.31.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), then Contractor must: Not in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he/she has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his/her books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 4 contracts

Samples: New Jersey State Waiver, Service Agreement, Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: 1. The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe contractor’s legal duty to furnish this information; Send . 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the labor union or workers’ representatives of Contractorthe contractor’s commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965 and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its their books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency County may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In Contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Contractor and refer the case to the Department of Justice for appropriate legal proceedings. These requirements include but provisions are not limited to: Paying prevailing wages included in addition to laborers the Equal Employment Opportunity Practices Provisions in the General Terms and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; Conditions and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractabide by both provisions.

Appears in 3 contracts

Samples: Standard Services Agreement, Cbo Master Contract Renewal/Amendment, Master Contract

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, GPEC agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. GPEC will not discriminate against any employee or applicant for employment because of race, color, religion, sexgender, sexual orientation, gender identity, or national origin, age or disability. The contractor must GPEC shall take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sexgender, sexual orientation, gender identity, or national origin, age or disability. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates , rates of pay or other forms of compensation; , and Selection selection for training, including apprenticeship. Contractor must GPEC agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices setting forth the provisions of this nondiscrimination clause; State . 2. GPEC will, in all solicitations or advertisements for employees placed place by or on behalf of Contractor GPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sexgender, sexual orientation, gender identity, or national origin; Not discharge , age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any other manner discriminate against any employee or applicant for employment because work covered by this Agreement, provided that the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does foregoing provisions shall not apply to instances in which an employee who has access to the compensation information of other employees Agreements or applicants as part of the employee’s essential job functions discloses the compensation of other employees subcontracts for standard commercial supplies or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted new materials. 4. Upon request by the employerTown, or is consistent GPEC shall provide Town with Contractor’s legal duty information and data concerning action taken and results obtained in regard to furnish GPEC's Equal Employment Opportunity efforts performed during the term of this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.dAgreement. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or Such reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts shall be accomplished upon forms furnished by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, Town or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order such other format as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor Town shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractprescribe.

Appears in 3 contracts

Samples: Economic Development Agreement, Economic Development Agreement, Economic Development Agreement

Equal Employment Opportunity. If the Contract involves “Requirement for construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 3 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, GPEC agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. GPEC will not discriminate against any employee or applicant for employment because of race, color, religion, sexgender, sexual orientation, gender identity, or national origin, age or disability. The contractor must GPEC shall take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sexgender, sexual orientation, gender identity, or national origin, age or disability. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates , rates of pay or other forms of compensation; , and Selection selection for training, including apprenticeship. Contractor must GPEC agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices setting forth the provisions of this nondiscrimination clause; State . 2. GPEC will, in all solicitations or advertisements for employees placed place by or on behalf of Contractor GPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sexgender, sexual orientation, gender identity, or national origin; Not discharge , age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any other manner discriminate against any employee or applicant for employment because work covered by this Agreement, provided that the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does foregoing provisions shall not apply to instances in which an employee who has access to the compensation information of other employees Agreements or applicants as part of the employee’s essential job functions discloses the compensation of other employees subcontracts for standard commercial supplies or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted new materials. 4. Upon request by the employerCity, or is consistent GPEC shall provide City with Contractor’s legal duty information and data concerning action taken and results obtained in regard to furnish GPEC's Equal Employment Opportunity efforts performed during the term of this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.dAgreement. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or Such reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts shall be accomplished upon forms furnished by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, City or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order such other format as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor City shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractprescribe.

Appears in 3 contracts

Samples: Economic Development Agreement, Economic Development Agreement, Economic Development Agreement

Equal Employment Opportunity. If this contract is for construction, Contractor agrees, pursuant to the Contract involves “construction work” as defined requirements provided in 2 C.F.R. Part 200, Appendix II, and 41 CFR Part C.F.R. § 60-1.3l.4(b), then as follows: (A) Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (B) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (C) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (D) Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (E) Contractor will comply with all provisions of Executive Order 11246 of September 24, 19651965 [Part I - Nondiscrimination in Government Employment; Part II -Nondiscrimination in Employment by Government Contractors and Subcontractors; Part III - Nondiscrimination Provisions in Federally Assisted Construction Contracts], and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (F) Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (G) In the event of Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; and Include the requirements of , this Section 3 in every subcontract or purchase order unless exempted by rulescontract may be canceled, regulationsterminated, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract suspended in whole or in part and Contractor may be declared ineligible for further government Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional , and such other sanctions may be imposed and remedies invoked as provided in that executive order; Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor; , or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If . (H) Contractor also agrees to include the Contract is for a prime construction contract for more than $2,000following language in every subcontract or purchase order (unless exempted by rules, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148)regulations, as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by or orders of the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965), as supplemented followed by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment provisions of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.subparagraphs (A) through

Appears in 3 contracts

Samples: Addendum to Master Agreement, Addendum, Addendum to Master Agreement

Equal Employment Opportunity. If the Contract involves this Master Agreement, including amendments, is for more than $10,000, then Contractor shall comply with Executive Order 11246, entitled construction workEqual Employment Opportunity,” as defined amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Executive Order prohibits contractors and federally-1.3assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, then color, religion, sex, or national origin. The Executive Order also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. 1.1 Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 1.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 1.3 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . 1.4 Contractor will send to each labor union or representative of workers with which it Contractor has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 1.5 Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 1.6 Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 1.7 In the event of Contractor's noncompliance with the nondiscrimination clauses of this Master Agreement or with any of the said rules, regulations, or orders; , this Master Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 1.8 Contractor will include the portion of this Section 3 the sentence immediately preceding subsection 1.1 and the provisions of subsection 1.1 through subsection 1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the Contractor/Xxxxxx agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (a) The [contractor/seller] will not discriminate against any employee emplo xxx or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, disability, or national origin. The contractor must [contractor/seller] will take affirmative action to ensure that applicants appli cants are employed employed, and that employees are treated during employment employm ent, without regard to their race, color, religion, sex, sexual orientationorienta- tion, gender identity, disability, or national origin. This Such action includes shall in dude, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selec- tion for training, including apprenticeship. Contractor must The [contractor/seller] agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . (b) The [contractor/seller] will, in all solicitations or advertisements advertisement s for employees placed by or on behalf of Contractor the [contractor/seller], state that all qualified applicants will receive consideration for employment employ ment without regard to race, color, religion, sex, sexual orientation, gender identity, disability, or national origin; Not . (c) The [contractor/seller] will not discharge or in any other manner man- ner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another ano- ther employee or applicant. This provision, however, does provision shall not apply to instances instance s in which an employee who has access to the compensation information inform ation of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees em ployees or applicants to individuals who do not otherwise have access acces s to the such information, unless the such disclosure is in response to a formal form al complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employeremplo yer, or is consistent with Contractor’s the [contractor/seller]'s legal duty to furnish this information; Send . (d) The [contractor/seller] will send to each labor union or representative representat ive of workers with which it has a collective bargaining agreement or other oth er contract or understanding understanding, a notice to be provided by the agency contr acting officer, advising the labor union or workers’ representatives ' representative of Contractor’s the [contractor/seller] 's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous cons xxxxxxx places that are accessible by available to employees and applicants for employment; Comply . (e) The [contractor/seller] will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 3 contracts

Samples: Construction Contract, Contract for Title Services, Contract Agreement

Equal Employment Opportunity. If During the Contract involves performance of this contract, (hereinafter construction work” Contractor”) agrees as defined in 41 CFR Part 60-1.3, then follows: (1) Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s 's legal duty to furnish this information; Send . (4) Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. (8) Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 3 contracts

Samples: Special Education Support Services Contract, Library Manager and Textbook Manager Automation System Contract, Library Manager and Textbook Manager Automation System Contract

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the CONTRACTOR agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONTRACTOR will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of Contractor he CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe CONTRACTOR’s legal duty to furnish this information; Send . d. The CONTRACTOR will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractorthe CONTRACTOR’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. The CONTRACTOR will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The CONTRACTOR will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor The CONTRACTOR may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 2 contracts

Samples: Standard Federal Award Contractor Terms and Conditions, Standard Federal Award Contractor Terms and Conditions

Equal Employment Opportunity. If the Contract involves this Master Agreement, including amendments, is for more than $10,000, then Contractor shall comply with Executive Order 11246, entitled construction workEqual Employment Opportunity,” as defined amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60-1.3). The Executive Order prohibits contractors and federally assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, then color, religion, sex, or national origin. The Executive Order also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. During the performance of the Master Agreement, Contractor must: Not agrees as follows: 1.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 1.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 1.3 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . 1.4 Contractor will send to each labor union or representative of workers with which it Contractor has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 1.5 Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 1.6 Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 1.7 In the event of Contractor's noncompliance with the nondiscrimination clauses of this Master Agreement or with any of the said rules, regulations, or orders; , this Master Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 1.8 Contractor will include the portion of the sentence immediately preceding subsection 1.1 and the provisions of subsection 1.1 through subsection 1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Equal Employment Opportunity. If In the Contract involves “construction work” event of the Consultant’s non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), the consultant may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as defined in 41 CFR Part 60-1.3provided by statute or regulation. During the performance of this contract, then Contractor must: Not the consultant agrees as follows: 1. That it will not discriminate against any employee or applicant for employment because of race, color, color religion, sex, sexual orientationmarital status, gender identitynational origin or ancestry, age, physical or mental handicap unrelated to ability, or national origin. The contractor must an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to ensure that applicants are employed rectify any such underutilization. 2. That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules and that Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are treated during employment without regard to their racehired in such a way that minorities and women are not underutilized. 3. That, color, religion, sex, sexual orientation, gender identity, or national origin. This action includes but is not 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by it or on behalf of Contractor its behalf, it will state that all qualified applicants will receive consideration for employment be afforded equal opportunity without regard to discrimination because of race, color, religion, sex, sexual orientationmarital status, gender identitynational origin or ancestry, age, physical or mental handicap unrelated to ability, or national origin; Not an unfavorable discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicantfrom military service. 4. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send That it will send to each labor union organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or other contract or understanding understanding, a notice advising the such labor union organization or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies representative of the notice consultant's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. If any such labor organization or representative fails or refuses to cooperate with the consultant in conspicuous places that are accessible its efforts to comply with such Act and Rules and Regulations, the consultant will promptly so notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations thereunder. 5. That it will submit reports as required by employees the Department's Rules and applicants for employment; Comply with Regulations, furnish all provisions of Executive Order 11246 of September 24, 1965relevant information as may from time to time be requested by the Department or the contracting agency, and of in all respects comply with the rules, regulations, or relevant orders of Illinois Human Rights Act and the Secretary of Labor, Department's Rules and furnish all information or reports required by or pursuant to themRegulations. 6. Contractor must also That it will permit access to its all relevant books, records, or accounts and work sites by personnel of the administering contracting agency and the Secretary of Labor Department for purposes of ascertaining investigation to ascertain compliance with these rules, regulations, the Illinois Human Rights Act and the Department's Rules and Regulations. 7. That it will include verbatim or orders; and Include by reference the requirements provisions of this Section 3 clause in every subcontract or purchase order unless exempted by rules, regulations, or orders it awards under which any portion of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965contract obligations are undertaken or assumed, so that these requirements such provisions will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United Statesupon such subconsultant. In the same manner as with other provisions of this contract, the consultant will be liable for compliance with applicable provisions of this clause by such subconsultants; and further it will promptly notify the contracting agency and the Department in the event that Contractor does any subconsultant fails or refuses to comply therewith. In addition, the consultant will not comply with utilize any nondiscrimination clause under this Exhibit C or subconsultant declared by the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may Illinois Human Rights Commission to be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply subcontracts with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher Illinois or any of the applicable state its political subdivision or federal prevailing rate of wage as provided in the body of the Contractmunicipal corporations.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

Equal Employment Opportunity. If 15.1. Consultant agrees to adopt and maintain a policy of non-discrimination in employment. It further agrees that it will comply with all applicable Federal and State laws with regard to Equal Employment Opportunity and Fair Employment Practices, and with the Contract involves District’s Equal Employment Opportunity Policy, Guidelines and Procedures. 15.2. Consultant agrees to provide the District’s Equal Employment Opportunity Administrator with information regarding its employment practices, in such forms as the Equal Employment Opportunity Administrator may prescribe; and that compliance with such requests is a condition of this Agreement. A copy of Consultant’s Equal Employment Opportunity Report in included as part of Exhibit construction work” as defined in 41 CFR Part 60D”. 15.3. Consultant acknowledges the non-1.3discrimination requirements of Executive Order 11246, then Contractor must: Not and agrees that it will not discriminate against any employee or applicant for employment because of race, religion, color, religion, sex, sexual orientation, gender identityage, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national originSection 16 SUBCONTRACTORS 16.1. This action includes but Since this Agreement is not limited made pursuant to the following: Employmentproposal submitted by Consultant and in reliance upon Consultant’s qualifications and responsibility, upgradingConsultant shall not assign, demotion, sublet or transfer; Recruitment or recruitment advertising; Layoff or termination; Rates transfer its interest in this Agreement nor shall any subcontractor commence performance of pay or other forms of compensation; and Selection for training, including apprenticeship. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as portion part of the employee’s essential job functions discloses work included in this Agreement without prior written consent of the compensation District. In making the application for subletting any portion of other employees the work, Consultant shall state in writing the portion of the work which each subcontractor is to do or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with material which it has a collective bargaining agreement or other contract or understanding a notice advising is to furnish, the labor union or workers’ representatives subcontractor’s place of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965business, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all such other information or reports as may be required by or pursuant the 16.2. All subcontractors for work covered by this Agreement must conform to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rulesAgreement. Prior to approval of any subcontract, regulations, or orders of Consultant shall submit with the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions request for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction approval an Equal Employment Opportunity Report executed by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractsubcontractor.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then (a) Contractor must: Not shall not discriminate against any employee or employee, applicant for employment employment, independent contractor or any other person because of race, color, religionreligious creed, sexancestry, sexual orientation, gender identity, or national origin, age or sex. The contractor must Contractor shall take affirmative action to ensure insure that applicants are employed employed, and that employees or agents are treated during employment employment, without regard to their race, color, religionreligious creed, sexancestry, sexual orientation, gender identity, or national origin, age or sex. This Such affirmative action includes shall include, but is not limited to the following: Employmentto, employment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates , rates of pay or other forms of compensation; , and Selection selection for training, including apprenticeship. Contractor must shall post in conspicuous places that are accessible by employees and places, available to employees, agents, applicants for employment notices employment, and other persons, a notice to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause; State . (b) Contractor shall, in all solicitations advertisements or advertisements requests for employees employment placed by it or on behalf of Contractor its behalf, state that all qualified applicants will receive consideration for employment without regard to race, color, religionreligious creed, sexancestry, sexual orientation, gender identity, or national origin; Not discharge , age or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to sex. (c) Contractor shall send each labor union or workers’ representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice advising the said labor union or workers’ representatives representative of its commitment to this nondiscrimination clause. Similar notice shall be sent to every other source of recruitment regularly utilized by Contractor. (d) It shall be no defense to a finding of noncompliance with this nondiscrimination clause that Contractor had delegated some of its employment practices to any union, training program, or other source of recruitment which prevents it from meeting its obligations. However, if the evidence indicates that the Contractor was not on notice of the third-party discrimination or made a good faith effort to correct it, such factor shall be considered in mitigation in determining appropriate sanctions. (e) Where the practices of a union or any training program or other source of recruitment will result in the exclusion of minority group persons, so that Contractor will be unable to meet its obligations under this nondiscrimination clause, Contractor shall then employ and fill vacancies through other nondiscriminatory employment procedures. (f) Contractor shall comply with all State and Federal laws prohibiting discrimination in hiring or employment opportunities. In the event of Contractor’s commitments under noncompliance with the nondiscrimination clause of this Section 3.d. Contractor must post copies of the notice Agreement or with any such laws, this Agreement may be terminated or suspended, in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965whole or in part, and of the rules, regulations, or relevant orders of the Secretary of LaborContractor may be declared temporarily ineligible for further Commonwealth contracts, and other sanctions may be imposed and remedies invoked. (g) Contractor shall furnish all information or reports required by or pursuant to them. Contractor must also necessary employment documents and records to, and permit access to its books, records, or and accounts by by, the administering agency Department and the Secretary Office of Labor Administration, Bureau of Affirmative Action, for purposes of ascertaining investigation to ascertain compliance with these rules, regulations, or orders; and Include the requirements provisions of this Section 3 clause. If Contractor does not possess documents or records reflecting the necessary information requested, it shall furnish such information on reporting forms supplied by the Department or the Bureau of Affirmative Action. (h) Contractor shall actively recruit minority sub-contractors or sub-contractors with substantial minority representation among their employees. (i) Contractor shall include the provisions of this nondiscrimination clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965sub-contract, so that these requirements such provisions will be binding on upon each subcontractor or vendor. sub-contractor. (j) Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause obligations under this Exhibit C or clause are limited to the Contract, District may cancel, terminateContractor’s facilities within Pennsylvania, or suspend where the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract contract is for a prime construction contract for more than $2,000purchase of goods manufactured outside of Pennsylvania, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but facilities at which such goods are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractactually produced.

Appears in 2 contracts

Samples: Contractor Agreement, Contract

Equal Employment Opportunity. If SECTION 1. Management and the Contract involves “construction work” as defined union agree to cooperate in 41 CFR Part 60-1.3providing equal opportunity for all qualified persons, then Contractor must: Not discriminate against any employee or applicant for employment to prohibit discrimination because of race, color, religionage, sex, sexual orientationrace, gender identitycreed, color, or national origin, preferential or non-preferential civil service status, political affiliation, marital status, or handicapping condition, and to promote the full realization of equal employment opportunity through a positive and continuing effort. SECTION 2. The contractor must take affirmative action parties recognize and understand the requirements imposed upon the agency by the Equal Opportunity Act of 1972. The parties further recognize that EEO plans are developed in accordance with guidelines and instructions promulgated from the Equal Employment Opportunity Commission. Management agrees to ensure provide copies of such plans. A. A unit employee who believes that applicants are employed and that employees are treated during employment without regard he or she may be the victim of prohibited discrimination may file a formal EEO complaint with the agency or may file a grievance, but not both. The employee shall not be deemed to their racehave selected the EEO complaint route merely because he or she has discussed the matter with an EEO counselor, color, religion, sex, sexual orientation, gender identity, but shall be deemed to have selected the EEO complaint route at the time he or national originshe files a formal discrimination complaint. This action includes but is not 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an Any employee who has access filed an equal employment opportunity complaint or a grievance which alleges discrimination shall be free from coercion, interference, or reprisal. B. Any meeting requested by or initiated by the DOC Office of Civil Rights, or NOAA Office of Personnel and Civil Rights does not meet the definition of a formal meeting as defined in this Agreement. Management is not obligated to notify the union. However, the employee may elect to be accompanied by a representative which may be the union. SECTION 4. The names, addresses, and phone numbers of all EEO counselors who are authorized to accept informal EEO complaints from unit employees will be conspicuously posted in each office where unit employees are stationed. Such a list will be kept current and an additional copy of the list will be provided to the compensation information Union's national office. The Union's national office will be promptly notified of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access each change to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractlist.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, National Collective Bargaining Agreement

Equal Employment Opportunity. If Contractor agrees to the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then following Equal Opportunity Certification: a. Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s 's legal duty to furnish this information; Send . d. Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 2 contracts

Samples: Homeowner Contractor New Construction Agreement, Homeowner Contractor Replacement Agreement

Equal Employment Opportunity. If In carrying out the Contract involves “construction work” as defined in 41 CFR Part 60program, the Non-1.3, then Contractor must: Not Profit (and/or) Participating Party shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor Non-Profit (and/or) Participating Party must take affirmative action to ensure insure that applicants for employment are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Non-Profit (and/or) Participating Party shall post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination non-discrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor . The Non-Profit (and/or) Participating Party shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge . The Non-Profit (and/or) Participating Party shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for project or program. The Non-Profit (and/or) Participating Party will, in any other manner discriminate against any employee all solicitations or applicant advertisements for employees by or on behalf of the Non-Profit (and/or) Participating Party, state that all qualified applicants will receive consideration for employment because the employee or applicant has inquired aboutwithout regard to race, discussedcolor, religion, sex, sexual orientation, gender identity, or disclosed the compensation of the employee or applicant or another employee or applicantnational origin. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send The Non-Profit (and/or) Participating Party will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the State advising the said labor union or workers' representatives of Contractor’s commitments the Non-Profit (and/or) Participating Party's commitment under this Section 3.d. Contractor must and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . The Non-Profit (and/or) Participating Party will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and State. The Non-Profit (and/or) Participating Party will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, as amended, and by the rules, regulations, and orders of the State, or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or and accounts by the administering agency HUD and the Secretary of Labor State for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. In the event of the Non-Profit (and/or) Participating Party's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be canceled, terminated or suspended in whole or in part and Include the requirements Non-Profit (and/or) Participating Party may be declared ineligible for further Government contracts or Federally assisted construction contract procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, as amended, or by rules, regulations, or order of the State, or as otherwise provided by law. The Non-Profit (and/or) Participating Party will include the above provisions in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor State issued pursuant to Section section 204 of Executive Order 11246 of September 2425, 1965, as amended, so that these requirements such provisions will be binding on upon each subcontractor Non-Profit (and/or) Participating Party or vendor. Contractor must The Non-Profit (and/or) Participating Party will take any such action with respect to any subcontract or purchase order as the administering agency DLG may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a Non-Profit (and/or) Participating Party becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor an entity as a result of such direction by DLG, the administering agency, then Contractor Non-Profit (and/or) Participating Party may request that the United States DLG to enter into the such litigation to protect the interests interest of the United StatesState. In The Non-Profit (and/or) Participating Party further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractwork.

Appears in 2 contracts

Samples: Legally Binding Agreement, CDBG Provisions Agreement

Equal Employment Opportunity. If the Contract involves this Master Agreement, including amendments, is for more than $10,000, then Contractor shall comply with Executive Order 11246, entitled construction workEqual Employment Opportunity,” as defined amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Executive Order prohibits contractors and federally-1.3assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, then color, religion, sex, or national origin. The Executive Order also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. During the performance of the Master Agreement, Contractor must: Not agrees as follows: 1.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 1.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 1.3 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . 1.4 Contractor will send to each labor union or representative of workers with which it Contractor has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 1.5 Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 1.6 Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 1.7 In the event of Contractor's noncompliance with the nondiscrimination clauses of this Master Agreement or with any of the said rules, regulations, or orders; , this Master Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 1.8 Contractor will include the portion of the sentence immediately preceding subsection 1.1 and the provisions of subsection 1.1 through subsection 1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the CONTRACTOR agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONTRACTOR will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: : b) Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . c) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . d) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe CONTRACTOR’s legal duty to furnish this information; Send . e) The CONTRACTOR will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractorthe CONTRACTOR’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . f) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . g) The CONTRACTOR will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. h) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. i) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The CONTRACTOR will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor The CONTRACTOR may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, the Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: a) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . d) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representatives ' representative of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be canceled, terminated or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 2 contracts

Samples: Invitation to Bid, Invitation to Bid

Equal Employment Opportunity. If the Contract involves “construction work” Subrecipient understands and agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (i) Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, color, ancestry, national origin, place of birth, religion, sex, sexual orientation, gender identityidentity and expression, military or veteran status, genetic characteristics, or national origindisability unrelated to job performance. The contractor must Subrecipient shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, age, color, ancestry, national origin, place of birth, religion, sex, sexual orientation, gender identityidentity and expression, military or veteran status, genetic characteristics, or national origindisability unrelated to job performance. This action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection for selection of training, including apprenticeship. Contractor must Subrecipient shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213, as amended. Subrecipient agrees to post in conspicuous places that are accessible by a notice, available to employees and applicants for employment notices applicants, setting forth the provisions of this nondiscrimination non-discrimination clause; State . (ii) Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor Subrecipient, state that all “All qualified applicants will receive consideration for employment without regard to race, age, color, ancestry, national origin, place of birth, religion, sex, sexual orientation, gender identityidentity and expression, military or veteran status, genetic characteristics, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply disability unrelated to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send performance.” (iii) Subrecipient will send to each labor union or representative of workers with which it the Subrecipient has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractorthe subrecipient’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (iv) Subrecipient will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (v) If Subrecipient fails to comply with the equal employment opportunity provisions of this Agreement or with any of the said rules, regulations, or orders; , Subrecipient understands and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request agrees that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the ContractCity, District may cancelat its sole option may: (A) Cancel, terminate, terminate or suspend the Contract this Agreement in whole or in part and Contractor part; (B) Declare Subrecipient ineligible for further City contracts until it is determined to be in compliance with such equal employment opportunity provisions. In addition, Subrecipient may be declared ineligible for further government contracts or federally Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional , and such other sanctions may be imposed and remedies invoked as provided in that executive order; by ruleExecutive Order 11246 of September 24, regulation1965, or order by rules, regulations, or orders of the Secretary of Labor; , or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 2 contracts

Samples: Subrecipient Agreement, Subrecipient Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, the Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: (i) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s 's legal duty to furnish this information; Send . (iv) The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (vi) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (viii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction : The applicant further agrees that it will be bound by the administering agency, then Contractor may request that the United States enter into the litigation above equal opportunity clause with respect to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the Contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 2 contracts

Samples: Contract for Services, Contract for Services

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then (i) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (ii) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (iii) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s 's legal duty to furnish this information; Send . (iv) The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (v) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (vi) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The Contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work. Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the Contractor under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such contractor; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 2 contracts

Samples: Contract for Services, Contract for Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the AWARDEE agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The AWARDEE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must AWARDEE will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The AWARDEE agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. The AWARDEE will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the AWARDEE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. The AWARDEE will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the AWARDEE's legal duty to furnish this information; Send . d. The AWARDEE will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the AWARDEE's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. The AWARDEE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. The AWARDEE will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of the AWARDEE's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements AWARDEE may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The AWARDEE will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The AWARDEE will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 2 contracts

Samples: Step Grant Agreement, Step Grant Agreement

Equal Employment Opportunity. If (applicable if the Contract involves Agreement is a federally assisted construction workprojectas defined in 41 CFR Part 60-1.3, then excess of $10,000) 1. The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s 's legal duty to furnish this information; Send . 4. The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then agency the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, GPEC agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. GPEC will not discriminate against any employee or applicant for employment because of race, color, religion, sexgender, sexual orientation, gender identity, or national origin, age or disability. The contractor must GPEC shall take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sexgender, sexual orientation, gender identity, or national origin, age or disability. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates , rates of pay or other forms of compensation; , and Selection selection for training, including apprenticeship. Contractor must GPEC agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices setting forth the provisions of this nondiscrimination clause; State . 2. GPEC will, in all solicitations or advertisements for employees placed place by or on behalf of Contractor GPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sexgender, sexual orientation, gender identity, or national origin; Not discharge , age or disability. 3. GPEC will cause the foregoing provisions to be inserted in all subcontracts for any other manner discriminate against any employee or applicant for employment because work covered by this Agreement, provided that the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does foregoing provisions shall not apply to instances in which an employee who has access to the compensation information of other employees agreements or applicants as part of the employee’s essential job functions discloses the compensation of other employees subcontracts for standard commercial supplies or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted new materials. 4. Upon request by the employerCity, or is consistent GPEC shall provide City with Contractor’s legal duty information and data concerning action taken and results obtained in regard to furnish GPEC's Equal Employment Opportunity efforts performed during the term of this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.dAgreement. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or Such reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts shall be accomplished upon forms furnished by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, City or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order such other format as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor City shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractprescribe.

Appears in 2 contracts

Samples: Economic Development Agreement, Economic Development Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, Xxxxxxxx agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (1) Provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Provider will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must Provider agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) Provider will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) Provider will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with ContractorProvider’s legal duty to furnish this information; Send . (4) Provider will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of ContractorProvider’s commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) Provider will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) Provider will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of Provider’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include Provider may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. (8) Provider will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must Provider will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction : The applicant further agrees that it will be bound by the administering agency, then Contractor may request that the United States enter into the litigation above equal opportunity clause with respect to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Equal Employment Opportunity. If 1. All federally assisted construction contracts must include the Contract involves “construction work” as defined in equal opportunity clause provided under 41 CFR Part §60-1.4(b). Federally assisted construction contracts include any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the federal government. Construction work is defined as “the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.” 41 CFR §60-1.3. 2. Pursuant to 41 CFR §60-1.4(b), then Contractor must: Not the following language shall be included in all federally assisted construction contracts and subcontracts: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor : Provided, however, that in the event the contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of direction by such direction, the administering agency, then Contractor contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 2 contracts

Samples: Consultant Agreement, Consultant Agreement

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This action includes but is not 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C E or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 2 contracts

Samples: Personal Services Contract, Personal Services Contract

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: 1. Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. 3. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 4. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 5. Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 6. In the event of Contractor's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. 7. Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Professional Services

Equal Employment Opportunity. If this contract is for construction, Contractor agrees, pursuant to the Contract involves “construction work” requirements provided in 2 C.F.R. Part 200, Appendix II, and 41 C.F.R. § 60- 1.4(b), as defined in 41 CFR Part 60-1.3, then follows: (A) Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (B) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (C) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (D) Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (E) Contractor will comply with all provisions of Executive Order 11246 of September 24, 19651965 [Part I - Nondiscrimination in Government Employment; Part II - Nondiscrimination in Employment by Government Contractors and Subcontractors; Part III - Nondiscrimination Provisions in Federally Assisted Construction Contracts], and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (F) Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (G) In the event of Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. (H) Contractor also agrees to include the following language in every subcontract or purchase order (unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965), followed by the provisions of subparagraphs (A) through (G) in this paragraph 16, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must shall incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, which is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance or guarantee, the following equal opportunity clause: [followed by Subsections (A) through (G)] Contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If non-compliance, provided, however, that in the event Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Contract for Goods or Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, the Subrecipient agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: i. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Subrecipient will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Subrecipient agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . i. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . ii. The Subrecipient will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . iii. The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representatives ' representative of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . iv. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . v. The Subrecipient will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. vi. In the event of the Subrecipient’s non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be canceled, terminated or suspended in whole or in part and Include the requirements Subrecipient may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The Subrecipient will include the provisions of paragraphs (1) through (8) in every subcontract contract, subcontract, or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor contractor, subcontractor, or vendor. Contractor must The Subrecipient will take any such action with respect to any subcontract contract, subcontract, or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor : Provided, however, that in the event the Subrecipient becomes involved in in, or is threatened with with, litigation with a subcontractor contractor, subcontractor, or vendor as a result of direction by such direction, the administering agency, then Contractor Subrecipient may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Subrecipient Agreement

Equal Employment Opportunity. If the Contract involves “construction work” as defined SECTION 1. The Parties agree to cooperate in 41 CFR Part 60-1.3providing equal opportunity for all qualified persons, then Contractor must: Not discriminate against any employee or applicant for employment to prohibit discrimination because of race, color, religioncreed, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientationgender, gender identity, or national origin. This action includes but is not limited to the following: Employment, upgradingage (40 or over), demotiondisability, preferential or transfer; Recruitment or recruitment advertising; Layoff or termination; Rates of pay or other forms of compensation; and Selection for trainingnon-preferential civil service status, including apprenticeship. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, colorveteran status, religion, sexpolitical affiliation, sexual orientationgenetic information, gender identitypregnancy, parental/marital status, or national origin; Not discharge retaliation, and to promote the full realization of Equal Employment Opportunity (EEO) through a positive and continuing effort. The Parties agree that the NWS provide opportunities to its workforce regardless of background or needs in any other manner discriminate against any order to provide high quality, responsive and equitable services for the public. SECTION 2. The parties recognize and understand the requirements imposed upon the NWS by the Equal Opportunity Act of 1972. The parties further recognize that EEO plans are developed in accordance with guidelines and instructions promulgated from the Equal Employment Opportunity Commission. Management agrees to provide copies of such plans. A. A unit employee who believes that he or applicant for employment she may be the victim of prohibited discrimination may file a formal EEO complaint with the agency or may file a grievance, but not both. The employee shall not be deemed to have selected the EEO complaint route merely because he or she has discussed the employee matter with an EEO counselor, but shall be deemed to have selected the EEO complaint route at the time he or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicantshe files a formal discrimination complaint. This provision, however, does not apply to instances in which an Any employee who has access filed an equal employment opportunity complaint or a grievance which alleges discrimination shall be free from coercion, interference, or reprisal. B. Management is obligated to notify NWSEO of any meeting requested by or initiated by the DOC Office of Civil Rights, or NOAA Office of Human Capital Services or NOAA Office Inclusion and Civil Rights where such meeting is a formal meeting. SECTION 4. The names, addresses, and phone numbers of all EEO counselors who are authorized to accept informal EEO complaints from bargaining unit employees will be conspicuously posted in each office where bargaining unit employees are stationed. Such a list will be kept current, and an additional copy of the list will be provided to the compensation information Union. The Union will be promptly notified of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access any change to the informationlist. SECTION 5. To ensure the safety and health of disabled employees, unless Management will make facilities accessible to the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts disabled employee in accordance with procedures authorized in Executive Order 11246 of September 24applicable Federal laws, 1965. Additional sanctions may be imposed rules, and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractregulations.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: 1. Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . 4. Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, . 6. Contractor will furnish to the Administering Agency (as specified in 41 C.F.R. §60- 1.3) and furnish the Secretary of Labor all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or and accounts by the administering agency Administering Agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended, in whole or in part, and Include Contractor may be declared ineligible for further government contracts or Federally Assisted Construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of Labor, or as otherwise provided by law. 8. Contractor will include the portion of the sentence immediately preceding paragraph A.1. of this Section 3 section and the provisions of paragraphs A.1. through A.7. in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency Administering Agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Provided, however, that in the event Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agencyAdministering Agency, then Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. 9. In MassCEC agrees that it will assist and cooperate actively with the event Administering Agency and the Secretary of Labor in obtaining the compliance of Contractor and any subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that Contractor does not comply with it will furnish the Administering Agency and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Administering Agency in the discharge of the agency’s primary responsibility for securing compliance. 10. MassCEC further agrees that it will refrain from entering into any nondiscrimination clause under this Exhibit C contract or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally Assisted Construction Contracts pursuant to the Executive Order and that it will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractor and remedies invoked as provided in that executive order; any subcontractors by rule, regulation, the Administering Agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the MassCEC agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act Administering Agency may take any or all of the following actions: cancel, terminate, or suspend, in whole or in part, this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Contract Addendum

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, XXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (a) CAWCD will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CAWCD will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must XXXXX agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause; State . (b) CAWCD will, in all solicitations or advertisements advancements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (c) CAWCD will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe contractor’s legal duty to furnish this information; Send . (d) CAWCD will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice notice, to be provided by the agency Contracting Officer, advising the labor union or workers’ representatives representative of Contractorthe CAWCD’s commitments under this Section 3.dsection 202 of Executive Order No. Contractor must 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (e) CAWCD will comply with all provisions of Executive Order No. 11246 of September Sept. 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (f) CAWCD will furnish all information or and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency XXXXX and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (g) In the event of CAWCD’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be canceled, terminated or suspended in whole or in part and Include CAWCD may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 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 requirements Secretary of this Section 3 Labor, or as otherwise provided by law. (h) The CAWCD will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order No. 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must CAWCD will take any such action with respect to any subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event CAWCD becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of direction by the administering agencysuch direction, then Contractor CAWCD may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Water Lease Agreement

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR This section is required for all federal grant and cooperative agreement programs; 2 CFR, Part 60-1.3200, then Appendix II(C) 3.1 The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 3.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3.3 The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s 's legal duty to furnish this information; Send . 3.4 The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 3.5 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 3.6 The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 3.7 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 3.8 The Contractor will include the portion of the sentence immediately preceding paragraph (3.1) and the provisions of paragraphs (3.1) through (3.8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may agencymay direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Professional Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of the contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor mustfollows: Not The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, identity or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . The contractor will, in all solicitations or advertisements advancements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, identity or national origin; Not . The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, hearing or action, including an investigation conducted by the employer, or is consistent with Contractorthe contractor’s legal duty to furnish this information; Send . The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice notice, to be provided by the agency contracting officer, advising the labor union or workers’ representatives ' representative of Contractor’s the contractor's commitments under this Section 3.d202 of Executive Order No. Contractor must 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . The contractor will furnish all information or and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be cancelled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of this Section 3 Sept. 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 otherwise provided by law. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by 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 these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor : Provided, however, that in the event the contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of direction by such direction, the administering agency, then Contractor contractor may request that the United States to enter into the such litigation to protect the interests of the United States.” [Sec. In 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the event that employee or applicant for employment is qualified. The Contractor does not comply agrees to take affirmative action to employ and advance in employment individuals with any nondiscrimination clause under this Exhibit C or the Contractdisabilities, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed treat qualified individuals without discrimination on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment basis of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay their physical or mental disability in all employment practices including the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.following:

Appears in 1 contract

Samples: Civil Rights Compliance Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, the CONSULTANT agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONSULTANT will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONSULTANT agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the CONSULTANT's legal duty to furnish this information; Send . d. The CONSULTANT will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the CONSULTANT's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. The CONSULTANT will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements CONSULTANT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The CONSULTANT will include the portion of the sentence immediately preceding subpart a of this Section 3 section and the provisions of subparts a through h in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The CONSULTANT will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a CONSULTANT becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the CONSULTANT may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of CONSULTANTs and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a CONSULTANT debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon CONSULTANTs and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Consulting Agreement

Equal Employment Opportunity. If Section 1 The Labor-Management Relations Committee established in Article 7 of this Agreement shall have the Contract involves “construction work” authority to advise and make recommendations to the Employer on the continuing development and administration of the Equal Employment Opportunity Affirmative Action Plan (EEOAAP). In this respect, the Committee may: A. recommend to the Employer items for inclusion in the EEOAAP; B. review accomplishments under the EEOAAP; C. recommend to the Employer how action items may be attained. Section 2 The Labor-Management Relations Committee may make recommendations to the Employer regarding the number of EEO counselors assigned to headquarters and regions. A. The Labor-Management Relations Committee will nominate candidates for part-time EEO counselors for consideration by the Employer. In nominating candidates to serve as defined EEO counselors, the Committee will, whenever possible, nominate employees who have either volunteered or who have agreed upon request to serve in 41 CFR Part 60this capacity, take into account the composition of the FCC workforce, and endeavor to nominate both· bargaining unit and non-1.3bargaining unit employees. Further, then Contractor must: Not discriminate against any employee or applicant the Committee will endeavor to nominate more than one candidate for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origineach vacancy to be filled. The contractor Parties recognize that persons selected to serve as EEO counselors must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national originmeet collateral duty qualifications specified by the Office of Personnel Management. B. Committee nominations for EEO counselors will be made by vote of the Committee. This action includes but is not limited The name of each candidate with a majority vote will be submitted 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. Employer. C. In the event that Contractor the Employer does not comply make a selection from the list of nominees submitted by the Committee, the Committee shall submit another list which will contain additional or new names. Section 4 The Employer will furnish NTEU Chapter 209 with any nondiscrimination clause under this Exhibit C or a copy of EEO-related statistical data that are considered by the Contract, District may cancel, terminate, or suspend Employer in conjunction with the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order preparation of the Secretary annual EEOAAP. The statistics will encompass both bargaining unit and non-bargaining unit employees. Section 5 Employees shall be entitled, upon request, to Union representation at all meetings with EEO counselors. Section 6 The terms and conditions of Labor; or this Article will remain in full force and effect after the termination of this Agreement until such time as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing new Agreement may modify any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate terms of wage as provided in the body of the Contractthis Article.

Appears in 1 contract

Samples: Basic Negotiated Agreement

Equal Employment Opportunity. If During and in relation to the Contract involves “construction work” performance of this Agreement, XXXXXXXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, colorancestry, religionphysical or mental disability, medical condition (cancer related), marital status, pregnancy, sex, sexual orientation, gender identityage (over veteran status or any other non-merit factor unrelated to job duties. Such action shall include, or national origin. This action includes but is not be limited to the following: Employment, upgrading, demotion, or transferrecruitment; Recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training (including apprenticeship), employment, upgrading, demotion, transfer. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment notices employment, notice setting forth the provisions of this nondiscrimination non-discrimination clause; State . B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply: (1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, pregnancy, sex, sexual orientation, gender identityage (over 1S), veteran status, or national origin; Not discharge or in any other manner discriminate against any employee or applicant non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Definitions for employment because Business Enterprises are available from the employee or applicant has inquired about, discussed, or disclosed COUNTY General Services Purchasing Division. (2) In the compensation event of the employee CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part with any of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by said rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor said CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts agreements with the COUNTY. (3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; all subcontracts for any work covered under this Agreement by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for subcontractor compensated more than $2,00050,000 and employing more than fifteen (15) employees, then Contractor must comply with provided that the Xxxxx-Xxxxx Act (40 USC §§ 3141 foregoing provisions shall not apply to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state contracts or federal prevailing rate of wage as provided in the body of the Contractsubcontracts for standard commercial supplies or raw materials.

Appears in 1 contract

Samples: Professional Services Agreement

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.323.1 In carrying out this agreement, then Contractor must: Not grantee shall not discriminate against any employee or applicant for employment because of race, religion, color, religion, sex, sexual orientationnational origin, gender identityancestry, age, or national origindisability as that term is defined in the American With Disabilities Act. The contractor must take affirmative action to Grantee shall ensure that applicants are employed hired and that employees are treated during employment without regard to their race, religion, color, religion, sex, sexual orientationnational origin, gender identityancestry, age, or national origindisability. This Such action includes shall include, but is not be limited to the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training including apprenticeship. Contractor must In addition, the Grantee will not deny anyone the benefits of participation in any federally funded program on account of race, color, or national origin. 23.2 Grantee agrees to post in conspicuous places that are accessible by available to employees and applicants for employment employment, notices setting forth the provisions of this nondiscrimination clause; State , and in all solicitations or advertisements for employees placed by or on behalf of Contractor it, state that all qualified applicants will shall receive consideration for employment without regard to race, religion, color, religion, sex, sexual orientationnational origin, gender identityancestry, age, or national origin; Not discharge or in disability. Grantee shall incorporate this nondiscrimination requirement within all of its contracts for any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee work on the projects (other than subcontracts for standard commercial supplies or applicant or another employee or applicant. This provision, however, does not apply raw materials) and shall require all of its contractors to instances incorporate such requirements in which an employee who has access to the compensation information of other employees or applicants as all subcontracts for any part of such project work. 23.3 Grantee agrees to ensure that minority business enterprises, as such are defined in 49 CFR PART 23, will have the employee’s essential job functions discloses maximum opportunity to participate in the compensation performance of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge contracts and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract subcontracts financed in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as federal funds provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply conjunction with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractagreement.

Appears in 1 contract

Samples: Grant Contract

Equal Employment Opportunity. If the this Contract involves is a federally assisted construction workcontract” as defined in 41 CFR Part 60-1.3, then and except as otherwise may be provided under 41 CFR Part 60,then during performance of this Contract, the Contractor must: Not agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, ,or national origin. This Such action includes shall include, but is not be limited to the following: Employment: b. The Contractor will, 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or byor on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. The Contractor will not discharge or in any other manner discriminate against any employee anyemployee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of informationof other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by conductedby the employer, or is consistent with the Contractor’s 's legal duty to furnish this information; Send . d. The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives workers'representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of theSecretary of Labor. f. The Contractor will furnish all information and reports required by Executive Order11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes forpurposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of the Contractor's noncompliance with the nondiscrimination clausesof this contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractormay be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the ofthe Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result because of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the applicant so participatingis a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government whichdoes not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist theadministering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation ofthe equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if itfails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending anyfurther assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Contract for Professional Services

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not 10.9.1 The Consultant shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, sexual orientationage, gender identity, physical or national originmental disability or status as a U.S. veteran. The contractor must Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national originstatus as a U.S. veteran except where it relates to a bona fide occupational qualification. This Such action includes shall include, but is not be limited to in the following: Employment; employment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates rates of pay or other forms of compensation; and Selection , and, selection for training, including apprenticeship. Contractor must The Consultant agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause; State . 10.9.2 The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants status as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response a U.S. veteran except where it relates to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send bona fide occupational qualification. 10.9.3 The Consultant shall send to each labor union or representative of workers with which it the Consultant has a collective bargaining agreement or other contract or understanding understanding, a notice advising the labor union or workers’ representatives worker’s representative of Contractorthe Consultant’s commitments under this Section 3.d. Contractor must nondiscrimination clause and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 10.9.4 The Consultant shall comply with all relevant provisions of Executive Order 11246 of September 24, 1965, state and of the rules, federal laws and regulations, or relevant orders of the Secretary of Labor, and . The Consultant shall furnish all information and reports requested by the Owner or reports required by or pursuant to them. Contractor must also the rules and regulations herein and shall permit access to its bookspayroll and employment records by the Owner or the Owner’s Representatives for the purposes of investigation to ascertain compliance with such rules, recordsregulations or requests, or accounts with this nondiscrimination clause. 10.9.5 In the event of the Consultant’s noncompliance with the nondiscrimination clauses of the Agreement or with any of the aforesaid rules, regulations or requests, this Agreement may be canceled, terminated or suspended in whole or in part and the Consultant may be declared ineligible for further Agreements with the Owner. In addition, the Owner may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the administering agency Code of Iowa as heretofore and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulationshereafter amended, or orders; by the rules and Include regulations of the requirements Owner or as otherwise provided by law. 10.9.6 The Consultant shall include the provisions of this Section 3 Article 10.9 hereof in every subcontract or purchase order agreement with Subcontractors unless specifically exempted by rules, regulations, or orders approval of the Secretary Owner, in accordance with the rules and regulations of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965said Owner, so that these requirements will such provisions shall be binding on each subcontractor or vendorSubcontractor. Contractor must The Consultant shall take any such action with respect to any subcontract or purchase order Subcontractor as the administering agency Owner or the Owner’s authorized representative may direct as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor noncompliance provided, however, that in the event the Consultant becomes involved in in, or is threatened with with, litigation with by a subcontractor or vendor Subcontractor as a result of such direction by the administering agencyBoard of Regents, then Contractor State of Iowa or its institutions, the Consultant may request that the United States State of Iowa to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractIowa.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Consultant

Equal Employment Opportunity. If the Contract involves “(a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Part C.F.R. chapter 60-1.3, then which is paid for in whole or in part with funds obtained from EDA, the following equal opportunity clause: During the performance of this contract, the Contractor must: Not agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ workers representatives of the Contractor’s 's commitments under this Section 3.d. Contractor must hereunder, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, 1965 and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or and accounts by such rules, regulations, and orders. (7) In the administering agency and event of the Secretary Contractor's noncompliance with the nondiscrimination clauses of Labor for purposes this Contract or with any of ascertaining compliance with these the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph 17(a)(1) and the provisions of paragraphs 17(a)(1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as EDA or the administering agency Secretary of Labor may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If 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 EDA or the administering agencySecretary of Labor, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. (9) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally- assisted construction work. In Provided, however, that if the event Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that Contractor does not comply with any nondiscrimination clause participate in work on or under this Exhibit C or the Contract. (10) The Recipient agrees that it will assist and cooperate actively with EDA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, District regulations, and relevant orders of the Secretary of Labor, that it will furnish EDA and the Secretary of Labor such information as they may cancelrequire for the supervision of such compliance, terminate, and that it will compliance. (11) The Recipient further agrees that it will refrain from entering into any contract or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, EDA or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Recipient agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, EDA may take any or all of the Xxxxx-Xxxxx Act (40 USC §§ 3141 following actions: Cancel, terminate, or suspend in whole or in part this EDA financial assistance; refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying refer the case to the Department of Justice for appropriate legal proceedings. (b) Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60): (1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading, and other than contracts and subcontracts with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth depositories of Federal funds in 29 CFR Part 3, any amount and with financial institutions which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitledare issuing and paying agents for U.S. savings bonds and savings notes) are exempt. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption. (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier. (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt. (a) If the Contractor intends to let any subcontracts for a portion of the work, the Contractor shall take affirmative steps to assure that s possible as sources of supplies, equipment, construction, and services. (b) Affirmative steps shall consist of: (1) solicitation lists; (2) solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and (4) Establishing delivery schedules, where the requirements of the contract permit, which enterprises; (5) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies; (6) Requiring each party to a subcontract to take the affirmative steps of this section; and (7) The Contractor is encouraged to procure goods and services from labor surplus area firms.

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor

Equal Employment Opportunity. If Contractor agrees to the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then following Equal Opportunity Certification: a. Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s 's legal duty to furnish this information; Send . d. Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. h. Contractor will include the portion of the sentence immediately preceding paragraph (32.1) and the provisions of paragraphs (32.1) through (32.7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 1 contract

Samples: Homeowner Contractor Reconstruction Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: (1) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe contractor’s legal duty to furnish this information; Send . (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the labor union or workers’ representatives of Contractorthe contractor’s commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its their books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency County may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In . (9) Contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. (10) The Contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. (11) The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Contractor and refer the case to the Department of Justice for appropriate legal proceedings. These requirements include but provisions are not limited to: Paying prevailing wages included in addition to laborers the Equal Employment Opportunity Practices Provisions in the General Terms and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; Conditions and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractabide by both provisions.

Appears in 1 contract

Samples: Bid Proposal

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Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, the Provider agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The Provider shall not discriminate against any employee or applicant for employment relating to this Contract because of race, color, religionreligious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national originunless related to a bona fide occupational qualification. The contractor must DocuSign Envelope ID: F9796C4F-646A-4763-9984-663E29C105EC Provider shall take affirmative action to ensure that applicants are employed and that employees are treated during employment employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation, gender identity, or national origin. This Such action includes shall include but is not be limited to the following: Employmentemployment, upgrading, demotiondemotions, or transfertransfers; Recruitment recruitment or recruitment advertising; Layoff layoffs or terminationterminations; Rates rates of pay or other forms of compensation; and Selection selection for training, training including apprenticeship. Contractor must The Provider agrees to post in conspicuous places that are accessible by available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State . b. The Provider shall, in all solicitations or advertisements advertising for employees placed by or on behalf of Contractor the Provider relating to this Contract, state that all qualified applicants will shall receive consideration for employment without regard to race, color, religionreligious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . c. The Provider shall send to each labor union or representative of the workers with which it has a collective bargaining agreement Contract, or other contract Contract or understanding understanding, whereby it is furnished with labor for the performance of this Contract a notice to be provided by the contracting agency, advising the said labor union or workers’ representatives ' representative of Contractor’s commitments the Provider's commitment under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . d. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice. e. The Provider shall comply with all provisions of Executive Order 11246 of September 24, 1965, and aspects of the rulesAmericans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients. f. Providers and subcontractors with Contracts in excess of $50,000 shall also pursue in good faith affirmative action programs, which programs must conform with applicable state and federal laws, rules and regulations, or relevant orders of . g. The Provider shall cause the Secretary of Labor, and furnish all information or reports required foregoing provisions to be inserted in any subcontract for any work covered by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, Contract so that these requirements will such provisions shall be binding on upon each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssubcontractor, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request provided that the United States enter into the litigation foregoing provisions shall not apply to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, subcontracts for standard commercial supplies or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractraw materials.

Appears in 1 contract

Samples: Master Agreement

Equal Employment Opportunity. If the Contract involves this Master Services Agreement or Contract, including amendments, is for more than $10,000, then Contractor shall comply with Executive Order 11246, entitled construction workEqual Employment Opportunity,” as defined amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). The Executive Order prohibits contractors and federally-1.3assisted construction contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, then color, religion, sex, or national origin. The Executive Order also requires contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. During the performance of the Master Services Agreement or Contract, Contractor must: Not agrees as follows: 1.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 1.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 1.3 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . 1.4 Contractor will send to each labor union or representative of workers with which it Contractor has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 1.5 Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 1.6 Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 1.7 In the event of Contractor's noncompliance with the nondiscrimination clauses of this Master Services Agreement or Contract or with any of the said rules, regulations, or orders; , this Master Services Agreement or Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 1.8 Contractor will include the portion of the sentence immediately preceding subsection 1.1 and the provisions of subsection 1.1 through subsection 1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 1 contract

Samples: Master Services Agreement

Equal Employment Opportunity. If During and in relation to the Contract involves “construction work” performance of this Agreement, XXXXXXXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, gender identityage (over veteran status, gender, pregnancy, or national originany other non-merit factor unrelated to job duties. The contractor must take affirmative Such action to ensure that applicants are employed and that employees are treated during employment without regard to their raceshall include, color, religion, sex, sexual orientation, gender identity, or national origin. This action includes but is not be limited to the following: Employment, upgrading, demotion, or transferrecruitment; Recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training (including apprenticeship), employment, upgrading, demotion, or transfer. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment notices employment, notice setting forth the provisions of this nondiscrimination non-discrimination clause; State . B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall 0280 The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, gender identityage (over veteran status, gender, pregnancy, or national origin; Not discharge or in any other manner discriminate against any employee or applicant non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Definitions for employment because Business Enterprises are available from the employee or applicant has inquired about, discussed, or disclosed COUNTY general Services Purchasing Division. In the compensation event of the employee CONTRACTOR'S non-compliance with the non-discrimination clauses of this Agreement or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part with any of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by said rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor said CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts agreements with the COUNTY. The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; all subcontracts for any work covered under this Agreement by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for subcontractor compensated more than $2,00050,000 and employing more than fifteen (15) employees, then Contractor must comply with provided that the Xxxxx-Xxxxx Act (40 USC §§ 3141 foregoing provisions shall not apply to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state contracts or federal prevailing rate of wage as provided in the body of the Contractsubcontracts for standard commercial supplies or raw materials.

Appears in 1 contract

Samples: Hud Grant Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, AGENCY agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. AGENCY will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must AGENCY will take affirmative action to ensure that applicants are employed and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must AGENCY agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . B. AGENCY will, in all solicitations or advertisements for employees placed by or on behalf of Contractor AGENCY, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . C. AGENCY will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s AGENCY's legal duty to furnish this information; Send . D. AGENCY will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representatives ' representative of Contractor’s AGENCY's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . E. AGENCY will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . F. AGENCY will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. G. In the event of AGENCY's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; , this Agreement may be canceled, terminated, or suspended in whole or in part and Include AGENCY may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. H. AGENCY will include the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must AGENCY will take any such action with respect to any subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor : Provided, however, that in the event AGENCY becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of direction by the administering agencysuch direction, then Contractor AGENCY may request that the United States to enter into the such litigation to protect the interests of the United States. In The CITY further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The CITY further agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance the CITY under the program with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation respect to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment the failure or refund occurred until satisfactory assurance of State future compliance has been received from such CITY, and refer the case to the Department of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Professional Services

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the AWARDEE agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The AWARDEE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must AWARDEE will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The AWARDEE agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . b. The AWARDEE will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the AWARDEE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . Sample c. The AWARDEE will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the AWARDEE's legal duty to furnish this information; Send . d. The AWARDEE will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the AWARDEE's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. The AWARDEE will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. The AWARDEE will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. g. In the event of the AWARDEE's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements AWARDEE may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The AWARDEE will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The AWARDEE will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event an AWARDEE becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the AWARDEE may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of AWARDEEs and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with an AWARDEE debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon AWARDEEs and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitledDepartment of Justice for appropriate legal proceedings. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.Sample

Appears in 1 contract

Samples: Step Grant Agreement

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then (1) Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or terminationtennination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Contractor, state that all qualified applicants will receive consideration considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the informationsuch infonnation, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s 's legal duty to furnish this information; Send . (4) Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s 's commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of Contractor's noncompliance with the nondiscrimination clauses ofthis contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. (8) Contractor will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (I) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, That in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then agency Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In Contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if Contractor so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. Contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such infonnation as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxxadministering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program EXHIBIT D - FEDERALLY REQUIRED CONTRACT CLAUSES 23-Xxxxx Act (40 USC §§ 3141 724 with respect to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.Justice for appropriate legal proceedings

Appears in 1 contract

Samples: Contract for Safety Supplies

Equal Employment Opportunity. If the Contract involves CONSULTANT shall abide by all Executive Order 11246, construction workEqual Employment Opportunity(30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as defined in amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR Part part 60-1.3, then Contractor must“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. All contracts and subcontracts entered into will contain the following equal opportunity clause: Not During the performance of this contract, the CONSULTANT agrees as follows: (1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONSULTANT will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONSULTANT agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the CONSULTANT's legal duty to furnish this information; Send . (4) The CONSULTANT will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the CONSULTANT's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The CONSULTANT will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements CONSULTANT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The CONSULTANT will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Consultant Services Agreement

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not 10.12.1 The Design Professional shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, sexual orientationage, gender identity, physical or national originmental disability or status as a U.S. veteran. The contractor must Design Professional shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national originstatus as a U.S. veteran except where it relates to a bona fide occupational qualification. This Such action includes shall include, but is not be limited to in the following: Employment; employment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates rates of pay or other forms of compensation; and Selection , and, selection for training, including apprenticeship. Contractor must The Design Professional agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause; State . 10.12.2 The Design Professional shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Design Professional, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants status as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response a U.S. veteran except where it relates to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send bona fide occupational qualification. 10.12.3 The Design Professional shall send to each labor union or representative of workers with which it the Design Professional has a collective bargaining agreement or other contract or understanding understanding, a notice advising the labor union or workers’ representatives worker’s representative of Contractorthe Design Professional’s commitments under this Section 3.d. Contractor must nondiscrimination clause and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 10.12.4 The Design Professional shall comply with all relevant provisions of Executive Order 11246 of September 24, 1965, state and of the rules, federal laws and regulations, or relevant orders of the Secretary of Labor, and . The Design Professional shall furnish all information and reports requested by the Owner or reports required by or pursuant to them. Contractor must also the rules and regulations herein and shall permit access to its bookspayroll and employment records by the Owner or the Owner’s Representatives for the purposes of investigation to ascertain compliance with such rules, recordsregulations or requests, or accounts with this nondiscrimination clause 10.12.5 In the event of the Design Professional’s noncompliance with the nondiscrimination clauses of the Agreement or with any of the aforesaid rules, regulations or requests, this Agreement may be canceled, terminated or suspended in whole or in part and the Design Professional may be declared ineligible for further Agreements with the Owner. In addition, the Owner may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the administering agency Code of Iowa as heretofore and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulationshereafter amended, or orders; by the rules and Include regulations of the requirements Owner or as otherwise provided by law. 10.12.6 The Design Professional shall include the provisions of this Section 3 Article 6 hereof in every subcontract or purchase order agreement with Professional Consultants unless specifically exempted by rules, regulations, or orders approval of the Secretary Owner, in accordance with the rules and regulations of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965said Owner, so that these requirements will such provisions shall be binding on each subcontractor or vendorProfessional Consultant. Contractor must The Design Professional shall take any such action with respect to any subcontract or purchase order Professional Consultant as the administering agency Owner or the Owner’s authorized representative may direct as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor noncompliance provided, however, that in the event the Design Professional becomes involved in in, or is threatened with with, litigation with by a subcontractor or vendor Professional Consultant as a result of such direction by the administering agencyBoard of Regents, then Contractor State of Iowa or its institutions, the Design Professional may request that the United States State of Iowa to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractIowa.

Appears in 1 contract

Samples: Owner and Design Professional Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The APPLICANT further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the APPLICANT so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The APPLICANT agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The APPLICANT further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the APPLICANT agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such APPLICANT; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Temporary Employment Services Work Order Contract

Equal Employment Opportunity. If the Contract involves “construction work” The regulation at 41 C.F.R. § 60-1.4(b) requires, except as defined otherwise provided or exempted in 41 CFR C.F.R. Part 60-1.3, then Contractor mustthe insertion of the following contract clause: Not “During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; and Include the requirements of , this Section 3 in every subcontract or purchase order unless exempted by rulescontract may be canceled, regulationsterminated, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract suspended in whole or in part and Contractor the contractor may be declared ineligible for further government Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed , and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.such other

Appears in 1 contract

Samples: Grant Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Subaward, the Subrecipient agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Subrecipient will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Subrecipient agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . B. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . C. The Subrecipient will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe Subrecipient’s legal duty to furnish this information; Send . D. The Subrecipient will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractorthe Subrecipient’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . E. The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . F. The Subrecipient will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. G. In the event of the Subrecipient’s noncompliance with the nondiscrimination clauses of this subaward or with any of the said rules, regulations, or orders; , this subaward may be canceled, terminated, or suspended in whole or in part and Include the requirements Subrecipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The Subrecipient will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Subaward Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, Blue Shield agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. Blue Shield will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Blue Shield will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must Blue Shield agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . B. Blue Shield will, in all solicitations or advertisements for employees placed by or on behalf of Contractor Blue Shield, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . C. Blue Shield will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s Blue Shield's legal duty to furnish this information; Send . D. Blue Shield will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s Blue Shield's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . E. Blue Shield will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . F. Blue Shield will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, or and orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Service Agreement

Equal Employment Opportunity. If During and in relation to the Contract involves “construction work” performance of this Agreement, XXXXXXXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, colorancestry, religionphysical or mental disability, medical condition (cancer related), marital status, pregnancy, sex, sexual orientation, gender identityage (over veteran status or any other non-merit factor unrelated to job duties. Such action shall include, or national origin. This action includes but is not be limited to the following: Employment, upgrading, demotion, or transferrecruitment; Recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training (including apprenticeship), employment, upgrading, demotion, transfer. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment notices employment, notice setting forth the provisions of this nondiscrimination non-discrimination clause; State . B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply: (1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, pregnancy, sex, sexual orientation, gender identityage (over veteran status, or national origin; Not discharge or in any other manner discriminate against any employee or applicant non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Owned Enterprises in CONTRACTOR’S solicitation of goods and services. Definitions for employment because Business Enterprises are available from the employee or applicant has inquired about, discussed, or disclosed COUNTY General Services Purchasing Division. (2) In the compensation event of the employee CONTRACTOR'S non-compliance with the non-discrimination clauses of this Agreement or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part with any of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by said rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor said CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts agreements with the COUNTY. (3) The CONTRACTOR shall cause the foregoing provisions of this 7B. to be inserted in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; all subcontracts for any work covered under this Agreement by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for subcontractor compensated more than $2,00050,000 and employing more than (15) employees, then Contractor must comply with provided that the Xxxxx-Xxxxx Act (40 USC §§ 3141 foregoing provisions shall not apply to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state contracts or federal prevailing rate of wage as provided in the body of the Contractsubcontracts for standard commercial supplies or raw materials.

Appears in 1 contract

Samples: Solid Waste Service and Maintenance Agreements

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendorContractor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor Contractor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Contract for Services

Equal Employment Opportunity. If The Tenant covenants and agrees for itself, its principals, if any, successors and assigns that it shall not unlawfully discriminate against any person or group thereof upon the Contract involves “construction work” as defined basis of race, color, religion, sex or national origin in 41 CFR Part 60-1.3its use or occupancy of the Project, then Contractor must: Not and the Tenant further agrees that, in compliance with all applicable laws, it shall be bound by, among others, the following duties and obligations in its use of occupancy of the Project: (a) The Tenant will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, sex or national origin. The contractor must Tenant will take affirmative action to ensure insure that the applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, sex or national origin. This Such action includes shall include, but is not be limited to the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or terminationterminations; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Tenant agrees to post in conspicuous places that are accessible by available to employees and applicants for employment notices notice setting forth the provisions of this nondiscrimination clause; State . (b) The Tenant will, in all solicitations solicitation or advertisements for employees placed by or on behalf of Contractor the Tenant, state that all qualified applicants will shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, sex or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . (c) The Tenant will send to each labor union or representative of workers with which it has they have a collective bargaining agreement or other contract or understanding in connection with the Project a notice to be provided advising the labor union or workers’ representatives worker's representative of Contractor’s the Tenant's commitments under this Section 3.d. Contractor must to Equal Employment Opportunity and nondiscriminatory treatment of persons or groups of persons as above defined, and Tenant shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (d) The Tenant will comply with all provisions of the Civil Rights Act of 1964, as amended, 42 United States Code 2000, et seq.; Executive Order 11246 of September 2411246, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor as well as xxx xxxxx xxx xegulations issued pursuant to Section 204 of Executive Order 11246 of September 24thereto; the Kansas Act against Discrimination, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.K.

Appears in 1 contract

Samples: Lease (Royal Caribbean Cruises LTD)

Equal Employment Opportunity. If DRAFT 1. In carrying out this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of and shall ensure that applicants are hired and that the Contract involves “construction employees are treated during employment without regard to race, religion, color, sex, national origin, disability, age or Vietnam-era veteran status. Such action shall include but are not 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. 2. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause and shall, in all solicitation or advertisements for employees placed by or on its behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, disability, age or Vietnam-era veteran status. CONTRACTOR shall incorporate the foregoing requirements of this paragraph in all of its agreements for any of the work prescribed herein and will require all of its subcontractors for any part of such work to incorporate such requirements in all subcontracts for such work. 3. Executive Order 11246 (Contracts/subcontracts above $10,000) a. Section 202 Equal Opportunity Clause During the performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, sex or national origin. The contractor must shall take affirmative action to ensure that applicants for employment are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, sex or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, demotion or transfer; Recruitment : recruitment or recruitment advertising; Layoff layoff or termination; Rates rate of pay or other forms of compensation; and Selection selection for training, including apprenticeship. 2. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State The contractor will, in all solicitations or advertisements advertisement for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, sex or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. 3. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract contractor or understanding understanding, a notice to be provided by the Owner advising the said labor union or workers’ owner’s representatives of Contractorthe contractor’s commitments commitment under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . DRAFT 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or regulations and relevant orders of the Secretary of Labor, and . 5. The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his/her books, records, or and accounts by the administering agency Ohio Development Services Agency’s Office of Community Development (OCD), and the U.S. Department of Housing and Urban Development and/or the U.S. Department of Labor and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations and orders. 6. In the event of the contractor’s non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of the sentence immediately preceding paragraphs (1) and the provisions for paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on biding upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency Department may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliancenon-compliance. If Contractor Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agencyDepartment, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests interest of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Construction Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, the Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: 1.1 The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 1.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 1.3 The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish this information; Send . 1.4 The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 1.5 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the U.S. Secretary of Labor. 1.6 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the U.S. Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 1.7 In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders; , this Contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the U.S. Secretary of Labor, or as otherwise provided by law. 1.8 The Contractor will include the text immediately preceding Section 3 1.1 and the text of Sections 1.1 through 1.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S. Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor Subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event the Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor Subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In . 1.9 The Owner agrees that it will be bound by the event that Contractor does not comply above equal-opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: provided, that if the Owner so participating is a State or local government, the above equal- opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in accordance Work on or under the Contract. 1.10 The Owner will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of Contractors and Subcontractors with the equal-opportunity clause and the rules, regulations, and relevant orders of the U.S. Secretary of Labor, furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 1.11 The Owner further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to said Executive Order and will carry out such sanctions and penalties for violation of the equal-opportunity clause as may be imposed upon Contractors and remedies invoked as provided in Subcontractors by the administering agency or the U.S. Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Owner agrees that executive order; by ruleif it fails or refuses to comply with these undertakings, regulationthe administering agency may take any or all of the following actions: cancel, terminate, or order suspend in whole or in part the grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Owner under the program with respect to which the failure or refund occurred until satisfactory assurance of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every weekfuture compliance has been received from such Owner; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Public Works Contract

Equal Employment Opportunity. If During the Contract involves “construction work” performance of the contract, OGS centralized contract (if applicable) or any purchase by an Authorized User, the Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: (1) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish this information; Send . (4) The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of the OGS centralized contract or with any of the said rules, regulations, or orders; , the OGS centralized contract may be canceled, terminated, or suspended in whole or in part, and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The Authorized User further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the Authorized User so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Authorized User agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The Authorized User further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Authorized User agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the Authorized User under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such Authorized User; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Gasoline and E 85 Supply Agreement

Equal Employment Opportunity. If During and in relation to the Contract involves “construction work” performance of this Agreement, XXXXXXXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sexnational origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, gender identityage (over veteran status, gender, pregnancy, or national originany other non-merit factor unrelated to job duties. The contractor must take affirmative Such action to ensure that applicants are employed and that employees are treated during employment without regard to their raceshall include, color, religion, sex, sexual orientation, gender identity, or national origin. This action includes but is not be limited to the following: Employmentrecruitment; advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training (including apprenticeship), 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. Contractor must CONTRACTOR agrees to post in conspicuous places that are accessible by available to employees and applicants for employment notices employment, notice setting forth the provisions of this nondiscrimination non-discrimination clause; State . b. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen 5) or more employees, the following requirements shall apply: 1. CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sexnational origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, sexual orientation, gender identityage (over veteran status, gender, pregnancy, or national origin; Not discharge or in any other manner discriminate against non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Owned Business enterprises in CONTRACTOR’S solicitations of goods and services. Definitions for Business Enterprises are available from the COUNTY General Services Purchasing Divisions. 2. In the event of CONTRACTORS non-compliance with the non-discrimination clauses of this Agreement or with any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by said rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor said CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts Agreements with the COUNTY. 3. CONTRACTOR shall cause the foregoing provisions of Subparagraph 5 to be inserted in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; all subcontracts for any work covered under this Agreement by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for subcontractor compensated more than $2,00050,000 and employing more than fifteen (15) employees, then Contractor must comply with provided that the Xxxxx-Xxxxx Act (40 USC §§ 3141 foregoing provisions shall not apply to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state contracts or federal prevailing rate of wage as provided in the body of the Contractsubcontracts for standard commercial supplies or raw materials.

Appears in 1 contract

Samples: Public Health Agreements

Equal Employment Opportunity. If the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not 10.12.1 The Design Professional shall not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, sexual orientationage, gender identity, physical or national originmental disability or status as a U.S. veteran. The contractor must Design Professional shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national originstatus as a U.S. veteran except where it relates to a bona fide occupational qualification. This Such action includes shall include, but is not be limited to in the following: Employment; employment, upgrading, demotion, demotion or transfer; Recruitment , recruitment or recruitment advertising; Layoff , layoff or termination; Rates rates of pay or other forms of compensation; and Selection and, selection for training, including apprenticeship. Contractor must The Design Professional agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause; State . 10.12.2 The Design Professional shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Design Professional, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, sexual orientationage, gender identityphysical or mental disability, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants status as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response a U.S. veteran except where it relates to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send bona fide occupational qualification. 10.12.3 The Design Professional shall send to each labor union or representative of workers with which it the Design Professional has a collective bargaining agreement or other contract or understanding understanding, a notice advising the labor union or workers’ representatives worker’s representative of Contractorthe Design Professional’s commitments under this Section 3.d. Contractor must nondiscrimination clause and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 10.12.4 The Design Professional shall comply with all relevant provisions of Executive Order 11246 of September 24, 1965, state and of the rules, federal laws and regulations, or relevant orders of the Secretary of Labor, and . The Design Professional shall furnish all information and reports requested by the Owner or reports required by or pursuant to them. Contractor must also the rules and regulations herein and shall permit access to its bookspayroll and employment records by the Owner or the Owner’s Representatives for the purposes of investigation to ascertain compliance with such rules, recordsregulations or requests, or accounts with this nondiscrimination clause. 10.12.5 In the event of the Design Professional’s noncompliance with the nondiscrimination clauses of the Agreement or with any of the aforesaid rules, regulations or requests, this Agreement may be canceled, terminated or suspended in whole or in part and the Design Professional may be declared ineligible for further Agreements with the Owner. In addition, the Owner may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the administering agency Code of Iowa as heretofore and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulationshereafter amended, or orders; by the rules and Include regulations of the requirements Owner or as otherwise provided by law. 10.12.6 The Design Professional shall include the provisions of this Section 3 Article 10 hereof in every subcontract or purchase order agreement with Professional Consultants unless specifically exempted by rules, regulations, or orders approval of the Secretary Owner, in accordance with the rules and regulations of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965said Owner, so that these requirements will such provisions shall be binding on each subcontractor or vendorProfessional Consultant. Contractor must The Design Professional shall take any such action with respect to any subcontract or purchase order Professional Consultant as the administering agency Owner or the Owner’s authorized representative may direct as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor noncompliance provided, however, that in the event the Design Professional becomes involved in in, or is threatened with with, litigation with by a subcontractor or vendor Professional Consultant as a result of such direction by the administering agencyBoard of Regents, then Contractor State of Iowa or its institutions, the Design Professional may request that the United States State of Iowa to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractIowa.

Appears in 1 contract

Samples: Design Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, the Provider agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The Provider shall not discriminate against any employee or applicant for employment relating to this Contract because of race, color, religionreligious creed, sex, national origin, DocuSign Envelope ID: F61EB2DC-8573-4B1C-9752-C54AF08E201F ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national originunless related to a bona fide occupational qualification. The contractor must Provider shall take affirmative action to ensure that applicants are employed and that employees are treated during employment employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation, gender identity, or national origin. This Such action includes shall include but is not be limited to the following: Employmentemployment, upgrading, demotiondemotions, or transfertransfers; Recruitment recruitment or recruitment advertising; Layoff layoffs or terminationterminations; Rates rates of pay or other forms of compensation; and Selection selection for training, training including apprenticeship. Contractor must The Provider agrees to post in conspicuous places that are accessible by available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State . b. The Provider shall, in all solicitations or advertisements advertising for employees placed by or on behalf of Contractor the Provider relating to this Contract, state that all qualified applicants will shall receive consideration for employment without regard to race, color, religionreligious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . c. The Provider shall send to each labor union or representative of the workers with which it has a collective bargaining agreement Contract, or other contract Contract or understanding understanding, whereby it is furnished with labor for the performance of this Contract a notice to be provided by the contracting agency, advising the said labor union or workers’ representatives ' representative of Contractor’s commitments the Provider's commitment under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . d. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice. e. The Provider shall comply with all provisions of Executive Order 11246 of September 24, 1965, and aspects of the rulesAmericans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients. f. Providers and subcontractors with Contracts in excess of $50,000 shall also pursue in good faith affirmative action programs, which programs must conform with applicable state and federal laws, rules and regulations, or relevant orders of . g. The Provider shall cause the Secretary of Labor, and furnish all information or reports required foregoing provisions to be inserted in any subcontract for any work covered by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, Contract so that these requirements will such provisions shall be binding on upon each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssubcontractor, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request provided that the United States enter into the litigation foregoing provisions shall not apply to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, subcontracts for standard commercial supplies or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractraw materials.

Appears in 1 contract

Samples: Service Contract

Equal Employment Opportunity. If During the Contract involves “construction work” as defined in 41 CFR Part 60-1.3, then Contractor must: Not performance of this Agreement: .1 The Architect will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Architect will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Architect agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . .2 The Architect will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Architect, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . .3 The Architect will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, action including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send an .4 The Architect will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of Contractorthe Architect’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . .5 The Architect will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . .6 The Architect will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. .7 In the event of the Architect’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements Architect may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. .8 The Architect will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The Architect will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 1 contract

Samples: Standard Form of Agreement Between Owner and Architect

Equal Employment Opportunity. If During the Contract involves “construction work” performance of the OGS centralized contract or any purchase by an Authorized User, the Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: (1) The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish this information; Send . (4) The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of the OGS centralized contract or with any of the said rules, regulations, or orders; , the OGS centralized contract may be canceled, terminated, or suspended in whole or in part, and Include the requirements Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The Authorized User further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the Authorized User so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Authorized User agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. The Authorized User further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon Contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Authorized User agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the Authorized User under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such Authorized User; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Fuel Supply Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 1 contract

Samples: Contract for Professional Engineering Services

Equal Employment Opportunity. If the Contract involves (Applicable to construction contracts and subcontracts exceeding $10,000) The Subrecipient shall comply with Executive Order 11246 of September 24, 1965, entitled construction workEqual Employment Opportunity,” as defined amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part C.F.R. chapter 60-1.3). During the performance of this Agreement, then Contractor must: Not the Subrecipient agrees as follows: a) The Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Subrecipient shall take affirmative action to ensure that applicants for employment are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must . b) The Subrecipient shall post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination non-discrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor . The Subrecipient shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge . c) The Subrecipient will, in all solicitations or in any other manner discriminate against any employee advertisements for employees placed by or applicant on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment because the employee without regard to race, color, religion, sex or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send national origin. d) The Subrecipient will send to each labor union or representative of workers with which it he or she has a collective bargaining agreement or other contract or understanding understanding, a notice notice, to be provided by the agency contracting officer, advising the labor union or workers’ representatives representative of Contractorthe Subrecipient’s commitments under this Section 3.d. Contractor must 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e) The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or regulations and relevant orders of the Secretary of Labor, and . f) The Subrecipient will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or records and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulationsregulations and orders. g) In the event of the Subrecipient’s non-compliance with the non-discrimination clause of this Agreement or with any of such rules, regulations or orders, this Agreement may be cancelled, terminated or suspended in whole or in part and the Subrecipient may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or orders; and Include by rule, regulation or order of the requirements Secretary of this Section 3 Labor, or as otherwise provided by law. h) Subrecipient shall incorporate the provisions of 1 through 7 above in every subcontract or purchase order unless exempted by rules, regulations, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will such provisions shall be binding on each subcontractor or vendorsuch subcontractor. Contractor must The Subrecipient will take any such action with respect to any subcontract or purchase order as the administering contracting agency may direct as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor non-compliance, provided, however, that in the event the Subrecipient becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering contracting agency, then Contractor the Subrecipient may request that the United States to enter into the such litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.

Appears in 1 contract

Samples: Subrecipient Grant Agreement

Equal Employment Opportunity. If the Contract involves “(Applies to construction work) During the performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and mechanics in accordance with wage determinations made refer the case to the Department of Justice for appropriate legal proceedings. (9) Contractor shall abide by the Secretary requirements of Labor; Paying wages at least once every week; 41 CFR § 60-741.5. This regulation prohibits discrimination against qualified individuals on the basis of disability, and Complying requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145)disabilities. Further, as supplemented Contractor shall abide by the regulations set forth requirements of 41 CFR § 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractemployment qualified protected veterans.

Appears in 1 contract

Samples: General Contractor Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, Contractor agrees as defined in 41 CFR Part 60-1.3, then follows: 1. The Contractor must: Not will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must Contractor will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. The Contractor must agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . 4. The Contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The Contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the Contractor 's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. The Contractor must will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If : Provided, however, that in the event a Contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then the Contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The Contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The Contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the Contractor under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such Contractor; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Construction Contract

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Contract, the Provider agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The Provider shall not discriminate against any employee or applicant for employment relating to this Contract because of race, color, religionreligious creed, sex, national origin, DocuSign Envelope ID: 1D2D5B4D-3187-47D4-AE44-7CBC9DE4C714 ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national originunless related to a bona fide occupational qualification. The contractor must Provider shall take affirmative action to ensure that applicants are employed and that employees are treated during employment employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation, gender identity, or national origin. This Such action includes shall include but is not be limited to the following: Employmentemployment, upgrading, demotiondemotions, or transfertransfers; Recruitment recruitment or recruitment advertising; Layoff layoffs or terminationterminations; Rates rates of pay or other forms of compensation; and Selection selection for training, training including apprenticeship. Contractor must The Provider agrees to post in conspicuous places that are accessible by available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State . b. The Provider shall, in all solicitations or advertisements advertising for employees placed by or on behalf of Contractor the Provider relating to this Contract, state that all qualified applicants will shall receive consideration for employment without regard to race, color, religionreligious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send . c. The Provider shall send to each labor union or representative of the workers with which it has a collective bargaining agreement Contract, or other contract Contract or understanding understanding, whereby it is furnished with labor for the performance of this Contract a notice to be provided by the contracting agency, advising the said labor union or workers’ representatives ' representative of Contractor’s commitments the Provider's commitment under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . d. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice. e. The Provider shall comply with all provisions of Executive Order 11246 of September 24, 1965, and aspects of the rulesAmericans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients. f. Providers and subcontractors with Contracts in excess of $50,000 shall also pursue in good faith affirmative action programs, which programs must conform with applicable state and federal laws, rules and regulations, or relevant orders of . g. The Provider shall cause the Secretary of Labor, and furnish all information or reports required foregoing provisions to be inserted in any subcontract for any work covered by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, Contract so that these requirements will such provisions shall be binding on upon each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssubcontractor, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request provided that the United States enter into the litigation foregoing provisions shall not apply to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, subcontracts for standard commercial supplies or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractraw materials.

Appears in 1 contract

Samples: Service Contract

Equal Employment Opportunity. If the Contract involves “(Applies to construction work) During the performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The applicant further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The applicant agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and mechanics in accordance with wage determinations made refer the case to the Department of Justice for appropriate legal proceedings. (9) Contractor shall abide by the Secretary requirements of Labor; Paying wages at least once every week; 41 CFR § 60-741.5. This regulation prohibits discrimination against qualified individuals on the basis of disability, and Complying requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145)disabilities. Further, as supplemented Contractor shall abide by the regulations set forth requirements of 41 CFR § 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractemployment qualified protected veterans.

Appears in 1 contract

Samples: Construction Manager Agreement

Equal Employment Opportunity. If During and in relation to the Contract involves “construction work” performance of this Agreement, XXXXXXXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, colorancestry, religionphysical or mental disability, medical condition (cancer related), marital status, pregnancy, sex, sexual orientation, gender identityage (over veteran status or any other non-merit factor unrelated to job duties. Such action shall include, or national origin. This action includes but is not be limited to the following: Employment, upgrading, demotion, or transferrecruitment; Recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training (including apprenticeship), employment, upgrading, demotion, transfer. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment notices employment, notice setting forth the provisions of this nondiscrimination non-discrimination clause; State . B. If this Agreement provides compensation in excess of to CONTRACTOR and if CONTRACTOR employs fifteen (15) or more employees, the following requirements shall apply: (1) The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, physical or mental disability, medical condition (cancer related), marital status, pregnancy, sex, sexual orientation, gender identityage (over veteran status, or national origin; Not discharge or in any other manner discriminate against any employee or applicant non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Owned Business Enterprises in CONTRACTOR’S solicitation of goods and services. Definitions for employment because Business Enterprises are available from the employee or applicant has inquired about, discussed, or disclosed COUNTY General Services Purchasing Division. (2) In the compensation event of the employee CONTRACTOR'S non-compliance with the non-discrimination clauses of this Agreement or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part with any of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by said rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor said CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts agreements with the COUNTY. (3) The CONTRACTOR shall cause the foregoing provisions of this Subparagraph 7B. to be inserted in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; all subcontracts for any work covered under this Agreement by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for subcontractor compensated more than $2,00050,000 and employing more than fifteen (15) employees, then Contractor must comply with provided that the Xxxxx-Xxxxx Act (40 USC §§ 3141 foregoing provisions shall not apply to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state contracts or federal prevailing rate of wage as provided in the body of the Contractsubcontracts for standard commercial supplies or raw materials.

Appears in 1 contract

Samples: Recycling and Solid Waste Service and Maintenance Agreements

Equal Employment Opportunity. If Section 1: The FRC East Equal Employment Opportunity/Affirmative Employment Program (EEO/AEP) shall be designed to promote equal employment opportunities in accordance with applicable laws and regulations. Section 2: The Parties recognize the Contract involves “construction work” as defined Department of the Navy's policy to provide equal employment opportunity for all persons in 41 CFR Part 60-1.3, then Contractor must: Not discriminate against any employee or applicant for employment matters of employment; to prohibit discrimination because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, colorage, religion, sexsex (including sexual harassment), sexual orientationnational origin, gender identitydisability, genetic information, or national originreprisal; and to promote the full realization of equal opportunity through continuing affirmative employment programs. This action includes but The Employer also agrees to work towards the identification and elimination of all barriers that prevent a workforce that is not limited diverse and representative of the local area. Section 3: The Union shall be informed annually of the Employer’s implementation of the Affirmative Employment Plan. The Employer shall, upon request, provide to the followingUnion, information about the Union’s unit employees contained in the Employer’s annual EEO Program Status Report (MD-715) and shall provide discussions through a knowledgeable person to facilitate this information exchange. Section 4: EmploymentIt is understood that reprisal or retaliation against a complainant, upgrading, demotionwitness, or transfer; Recruitment representative for pursuing an allegation of discrimination or recruitment advertising; Layoff or termination; Rates participating in the investigation of pay or other forms of compensation; and Selection for training, including apprenticeship. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identitya complaint, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including subsequent hearing resulting from such an investigation conducted of discrimination, by the employerEmployer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided prohibited by law. Prevailing WagesNothing within this Article shall be interpreted to confer upon the Union or its unit employees the right to raise claims of employment discrimination in the negotiated grievance procedure (Article 23, Section 3f). Section 5: The Employer agrees that the Union, upon request, shall be allowed to provide a representative from the bargaining unit to participate as a non-voting member of the Annual EEO Awards rating panel. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000The member, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made appointed by the Secretary of Labor; Paying wages at least once every week; Union, is there to observe that the methods, procedures, and Complying with criteria used to determine the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher recipients of the applicable state or federal prevailing rate of wage as provided Annual EEO Awards result in the body of the Contracta fair and consistent outcome.

Appears in 1 contract

Samples: Negotiated Agreement

Equal Employment Opportunity. If In carrying out the Contract involves “construction work” as defined in 41 CFR Part 60-1.3program, then Contractor must: Not the Non- Profit (and/or) Participating Party shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor Non-Profit (and/or) Participating Party must take affirmative action to ensure insure that applicants for employment are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to to, the following: Employmentemployment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The Non-Profit (and/or) Participating Party shall post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination non-discrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor . The Non-Profit (and/or) Participating Party shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not discharge . The Non-Profit (and/or) Participating Party shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for project or program. The Non-Profit (and/or) Participating Party will, in any other manner discriminate against any employee all solicitations or applicant advertisements for employees by or on behalf of the Non-Profit (and/or) Participating Party, state that all qualified applicants will receive consideration for employment because the employee or applicant has inquired aboutwithout regard to race, discussedcolor, religion, sex, sexual orientation, gender identity, or disclosed the compensation of the employee or applicant or another employee or applicantnational origin. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send The Non-Profit (and/or) Participating Party will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the State advising the said labor union or workers' representatives of Contractor’s commitments the Non- Profit (and/or) Participating Party's commitment under this Section 3.d. Contractor must and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . The Non-Profit (and/or) Participating Party will comply with all provisions of Executive Order 11246 11246, as amended, of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and State. The Non-Profit (and/or) Participating Party will furnish all information or and reports required by Executive Order 11246, as amended, of September 24, 1965, and by the rules, regulations, and orders of the State, or pursuant to them. Contractor must also thereto, and will permit access to its books, records, or and accounts by the administering agency HUD and the Secretary of Labor State for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. In the event of the Non-Profit (and/or) Participating Party's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be canceled, terminated or suspended in whole or in part and Include the requirements Non-Profit (and/or) Participating Party may be declared ineligible for further Government contracts or Federally assisted construction contract procedures authorized in Executive Order 11246, as amended, of this Section 3 September 24, 1965, or by rules, regulations, or order of the State, or as otherwise provided by law. The Non-Profit (and/or) Participating Party will include the above provisions in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor State issued pursuant to Section section 204 of Executive Order 11246 11246, as amended, of September 2425, 1965, so that these requirements such provisions will be binding on upon each subcontractor Non-Profit (and/or) Participating Party or vendor. Contractor must The Non-Profit (and/or) Participating Party will take any such action with respect to any subcontract or purchase order as the administering agency DLG may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a Non-Profit (and/or) Participating Party becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor an entity as a result of such direction by DLG, the administering agency, then Contractor Non-Profit (and/or) Participating Party may request that the United States DLG to enter into the such litigation to protect the interests interest of the United StatesState. In The Non-Profit (and/or) Participating Party further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractwork.

Appears in 1 contract

Samples: Grant Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The CONSULTANT/CONTRACTOR/VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONSULTANT/CONTRACTOR/VENDOR will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONSULTANT/CONTRACTOR/XXXXXX agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . B. The CONSULTANT/CONTRACTOR/VENDOR will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONSULTANT/CONTRACTOR/VENDOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . C. The CONSULTANT/CONTRACTOR/VENDOR will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the CONSULTANT/CONTRACTOR/VENDOR's legal duty to furnish this information; Send . D. The CONSULTANT/CONTRACTOR/VENDOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representatives ' representative of Contractor’s the CONSULTANT/CONTRACTOR/XXXXXX's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . E. The CONSULTANT/CONTRACTOR/VENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . F. The CONSULTANT/CONTRACTOR/VENDOR will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. G. In the event of the CONSULTANT/CONTRACTOR/XXXXXX's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; , this contract may be canceled, terminated or suspended in whole or in part and Include the requirements CONSULTANT/CONTRACTOR/VENDOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The CONSULTANT/CONTRACTOR/VENDOR will include the provisions of paragraphs (a) through (h) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendorsub- CONSULTANT/CONTRACTOR/VENDOR. Contractor must The CONSULTANT/CONTRACTOR/VENDOR will take any such action with respect to any subcontract or purchase order as may be directed by the administering agency may direct Secretary of Labor as a means of enforcing these requirements, such provisions including sanctions for noncompliance. If Contractor : Provided, however, that in the event the CONSULTANT/CONTRACTOR/XXXXXX becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor sub- CONSULTANT/CONTRACTOR/VENDOR as a result of direction by such direction, the administering agency, then Contractor CONSULTANT/CONTRACTOR/VENDOR may request that the United States to enter into the such litigation to protect the interests of the United States. In The District further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the District so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The District agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The District further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the District agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the applicant under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Construction Contract

Equal Employment Opportunity. If 2.1. During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 2.1.1. The CONSULTANT/CONTRACTOR/VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must CONSULTANT/CONTRACTOR/VENDOR will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment , recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The CONSULTANT/CONTRACTOR/XXXXXX agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause; State . 2.1.2. The CONSULTANT/CONTRACTOR/VENDOR will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONSULTANT/CONTRACTOR/VENDOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 2.1.3. The CONSULTANT/CONTRACTOR/VENDOR will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the CONSULTANT/CONTRACTOR/VENDOR's legal duty to furnish this information; Send . 2.1.4. The CONSULTANT/CONTRACTOR/VENDOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representatives ' representative of Contractor’s the CONSULTANT/CONTRACTOR/XXXXXX's commitments under this Section 3.d. Contractor must section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 2.1.5. The CONSULTANT/CONTRACTOR/VENDOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 2.1.6. The CONSULTANT/CONTRACTOR/VENDOR will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering contracting agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 2.1.7. In the event of the CONSULTANT/CONTRACTOR/XXXXXX's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders; and Include the requirements of , this Section 3 in every subcontract contract may be canceled, terminated or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract suspended in whole or in part and Contractor the CONSULTANT/CONTRACTOR/VENDOR may be declared ineligible for further government contracts or federally assisted construction Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional , and such other sanctions may be imposed and remedies invoked as provided in that executive order; Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor; , or as otherwise provided by law. 2.1.8. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If The CONSULTANT/CONTRACTOR/VENDOR will include the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act provisions of paragraphs (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.a) through

Appears in 1 contract

Samples: Franchise Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the contractor agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment: b. The contractor will, 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. Contractor must post in conspicuous places that are accessible by employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause; State in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . c. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . d. The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . e. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . f. The contractor will furnish all information or and reports required by or pursuant to them. Contractor must also permit access to its booksExecutive Order 11246 of September 24, records1965, or accounts and by the administering agency rules, regulations, and orders of the Secretary of Labor for purposes Labor, or pursuant thereto, and will permit g. In the event of ascertaining compliance the contractor's noncompliance with these the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. h. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contract.:

Appears in 1 contract

Samples: Purchase Order Agreement

Equal Employment Opportunity. If the Contract involves “The Contractor will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Part Chapter 60-1.3, then Contractor mustwhich is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: Not During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must The contractor agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s 's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s the contractor's legal duty to furnish this information; Send . (4) The contractor will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers' representatives of Contractor’s the contractor's commitments under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . (6) The contractor will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders; , this contract may be canceled, terminated, or suspended in whole or in part and Include the requirements contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendor. Contractor must The contractor will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event a contractor becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. In The contractor further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. The contractor agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a subcontractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000Labor pursuant to Part II, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher Subpart D of the applicable state or federal prevailing rate of wage as provided in the body of the ContractExecutive Order.

Appears in 1 contract

Samples: Consulting Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this contract, the School agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. The School will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor must School will take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This Such action includes shall include, but is not be limited to the following: Employment, upgrading, demotion, or transfer; Recruitment recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, including apprenticeship. Contractor must School agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices to be provided setting forth the provisions of this nondiscrimination clause; State . 2. The School will, in all solicitations or advertisements for employees placed by or on behalf of Contractor the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin; Not . 3. The School will not discharge or in any other manner discriminate against any employee or applicant for employment because the such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision, however, does provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of the such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to the such information, unless the such disclosure is in response to a formal complaint or charge and charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractorthe contractor’s legal duty to furnish this information; Send . 4. The School will send to each labor union or representative of workers with which it he has a collective bargaining agreement or other contract or understanding understanding, a notice to be provided advising the said labor union or workers’ representatives of Contractorthe contractor’s commitments under this Section 3.d. Contractor must section and shall post copies of the notice in conspicuous places that are accessible by available to employees and applicants for employment; Comply . 5. The School will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or and relevant orders of the Secretary of Labor, and . 6. The School will furnish all information or and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant to them. Contractor must also thereto, and will permit access to its his books, records, or and accounts by the administering agency and the Secretary of Labor for purposes of ascertaining investigation to ascertain compliance with these such rules, regulations, and orders. 7. In the event of the School’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders; , the Agreement may be canceled, terminated, or suspended in whole or in part and Include the requirements School may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of this Section 3 September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The School will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section section 204 of Executive Order 11246 of September 24, 1965, so that these requirements such provisions will be binding on upon each subcontractor or vendorSchool. Contractor must School will take any such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementssuch provisions, including sanctions for noncompliance. If Contractor : Provided, however, that in the event the School becomes involved in in, or is threatened with with, litigation with a subcontractor or vendor the School as a result of such direction by the administering agency, then Contractor the contractor may request that the United States to enter into the such litigation to protect the interests of the United States. 9. In The County further agrees that it will be bound by the event that Contractor does not comply above equal opportunity clause with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract respect to its own employment practices when it participates in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts work: Provided, that if the County is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in accordance work on or under the contract. 10. The County agrees that it will assist and cooperate actively with procedures authorized the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance. 11. The County further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965. Additional , with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and remedies invoked as provided in that executive order; subcontractors by rule, regulation, the administering agency or order of the Secretary of Labor; Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the County agrees that if it fails or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must refuses to comply with these undertakings, the Xxxxx-Xxxxx Act administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (40 USC §§ 3141 contract, loan, insurance, guarantee); refrain from extending any further assistance to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages the County under the program with respect to laborers and mechanics in accordance with wage determinations made by which the Secretary failure or refund occurred until satisfactory assurance of Labor; Paying wages at least once every weekfuture compliance has been received from such applicant; and Complying with refer the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by case to the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment Department of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the ContractJustice for appropriate legal proceedings.

Appears in 1 contract

Samples: Interlocal Agreement

Equal Employment Opportunity. If During the Contract involves “construction work” performance of this Agreement, the Provider certifies as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: 1. The Provider shall not discriminate against any employee or applicant for employment relating to this Agreement because of race, color, religionreligious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national originunless related to a bona fide occupational qualification. The contractor must Provider shall take affirmative action to ensure that applicants are employed employed, and that employees are treated during employment employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation, gender identity, or national origin. This DocuSign Envelope ID: 13C28D90-E605-460A-B1C2-7D14EA943D41 DocuSign Envelope ID: 1EB43160-CFF7-423C-A941-09078FD86B5E Such action includes shall include but is not be limited to the following: Employmentemployment, upgrading, demotiondemotions, or transfertransfers; Recruitment recruitment or recruitment advertising; Layoff layoffs or terminationterminations; Rates rates of pay or other forms of compensation; and Selection selection for training, training including apprenticeship. Contractor must The Provider agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment employment, notices setting forth the provisions of this nondiscrimination clause; State . 2. The Provider shall, in all solicitations or advertisements advertising for employees placed by by, or on behalf of Contractor of, the Provider, relating to this Agreement, state that all qualified applicants will shall receive consideration for employment without regard to race, color, religionreligious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, gender identity, or national origin; Not discharge or in any other manner discriminate against any employee or applicant for employment because the employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. 3. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send The Provider shall send to each labor union union, or representative of workers the workers, with which it has a collective bargaining agreement, or other agreement or other contract or understanding understanding, whereby it is furnished with labor for the performance of this Agreement, a notice to be provided by the contracting agency, advising the said labor union or workers’ representatives ' representative of Contractor’s commitments the Provider's commitment under this Section 3.d. Contractor must section, and shall post copies of the notice in conspicuous places that are accessible by places, available to employees and applicants for employment; Comply . 4. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights, etc.) against itself by any individual, as well as any lawsuit regarding alleged discriminatory practice. 5. The Provider shall comply with all provisions aspects of Executive Order 11246 of September 24, 1965the Americans with Disabilities Act (ADA) in employment, and in the provision of service, to include accessibility and reasonable accommodations for employees and clients. 6. Contractors and Subcontractors with contracts in excess of $50,000 shall also pursue in good faith affirmative action programs. 7. The Provider shall cause the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required foregoing provisions to be inserted in any subcontract for any work covered by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, Agreement so that these requirements will such provisions shall be binding on upon each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirementsSubcontractor, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request provided that the United States enter into the litigation foregoing provisions shall not apply to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; by rule, regulation, subcontracts for standard commercial supplies or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for more than $2,000, then Contractor must comply with the Xxxxx-Xxxxx Act (40 USC §§ 3141 to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state or federal prevailing rate of wage as provided in the body of the Contractraw materials.

Appears in 1 contract

Samples: Agreement to Purchase Services

Equal Employment Opportunity. If During and in relation to the Contract involves “construction work” performance of this Agreement, XXXXXXXXXX agrees as defined in 41 CFR Part 60-1.3, then Contractor must: Not follows: A. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, gender identityage (over veteran status, gender, pregnancy, or national originany other non-merit factor unrelated to job duties. The contractor must take affirmative Such action to ensure that applicants are employed and that employees are treated during employment without regard to their raceshall include, color, religion, sex, sexual orientation, gender identity, or national origin. This action includes but is not be limited to the following: Employment, upgrading, demotion, or transferrecruitment; Recruitment or recruitment advertising; Layoff layoff or termination; Rates rates of pay or other forms of compensation; and Selection selection for training, training (including apprenticeship), employment, upgrading, demotion, or transfer. Contractor must The CONTRACTOR agrees to post in conspicuous places that are accessible by places, available to employees and applicants for employment notices employment, notice setting forth the provisions of this nondiscrimination clause; State non-discriminationclause. B. If this Agreement provides compensation in excess of $50,000 to CONTRACTOR and if CONTRACTOR employs fifteen (I5) or more employees, the following requirements shall The CONTRACTOR shall, in all solicitations or advertisements for employees placed by or on behalf of Contractor the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, ancestry, disability, medical condition (cancer related), marital status, sex, sexual orientation, gender identityage (over veteran status, gender, pregnancy, or national origin; Not discharge or in any other manner discriminate against any employee or applicant non-merit factor unrelated to job duties. In addition, the CONTRACTOR shall make a good faith effort to consider Owned Business Enterprises in CONTRACTOR'S solicitation of goods and services. Definitions for employment because Business Enterprises are available from the employee or applicant has inquired about, discussed, or disclosed COUNTY general Services Purchasing Division. In the compensation event of the employee CONTRACTOR'S non-compliancewith the non-discrimination clauses of this Agreement or applicant or another employee or applicant. This provision, however, does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part with any of the employee’s essential job functions discloses the compensation of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to a formal complaint or charge and in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Contractor’s legal duty to furnish this information; Send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers’ representatives of Contractor’s commitments under this Section 3.d. Contractor must post copies of the notice in conspicuous places that are accessible by employees and applicants for employment; Comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, or relevant orders of the Secretary of Labor, and furnish all information or reports required by or pursuant to them. Contractor must also permit access to its books, records, or accounts by the administering agency and the Secretary of Labor for purposes of ascertaining compliance with these rules, regulations, or orders; and Include the requirements of this Section 3 in every subcontract or purchase order unless exempted by said rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that these requirements will be binding on each subcontractor or vendor. Contractor must take any action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing these requirements, including sanctions for noncompliance. If Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of direction by the administering agency, then Contractor may request that the United States enter into the litigation to protect the interests of the United States. In the event that Contractor does not comply with any nondiscrimination clause under this Exhibit C or the Contract, District may cancel, terminate, or suspend the Contract in whole or in part and Contractor said CONTRACTOR may be declared ineligible for further government contracts or federally assisted construction contracts agreements with the COUNTY. The CONTRACTOR shall cause the foregoing provisions of this Subparagraph to be inserted in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Additional sanctions may be imposed and remedies invoked as provided in that executive order; all subcontracts for any work covered under this Agreement by rule, regulation, or order of the Secretary of Labor; or as otherwise provided by law. Prevailing Wages. [CHECK THE BOX ONLY IF THE FEDERAL PROGRAM LEGISLATION REQUIRES COMPLIANCE WITH THE XXXXX-XXXXX ACT] If the Contract is for a prime construction contract for subcontractor compensated more than $2,00050,000 and employing more than fifteen (15) employees, then Contractor must comply with provided that the Xxxxx-Xxxxx Act (40 USC §§ 3141 foregoing provisions shall not apply to 3148), as supplemented by 29 CFR Part 5. These requirements include but are not limited to: Paying prevailing wages to laborers and mechanics in accordance with wage determinations made by the Secretary of Labor; Paying wages at least once every week; and Complying with the Xxxxxxxx “Anti-Kickback” Act (40 USC § 3145), as supplemented by the regulations set forth in 29 CFR Part 3, which prohibits Contractor from inducing any person employed on the construction work to give up any compensation to which that employee is entitled. [CHECK THE BOX ONLY IF THE CONTRACT IS ALSO SUBJECT TO OREGON PREVAILING WAGES] Payment of State of Oregon prevailing wages under ORS 279C.800 to .870 is also required under this Contract. Contractor shall pay the higher of the applicable state contracts or federal prevailing rate of wage as provided in the body of the Contractsubcontracts for standard commercial supplies or raw materials.

Appears in 1 contract

Samples: Contract Amendment

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