REA Project Designation:
TENNESSEE 521-H DEKALB
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AMENDMENT
Dated as of June 8, 1964
to
TELEPHONE LOAN CONTRACT
Dated as of October 15, 1951, as amended,
between
DEKALB TELEPHONE COOPERATIVE
and
UNITED STATES OF AMERICA
Identified as form of document presented to and approved
by the board of directors trustees of the above named
corporation at a meeting held August 17, 1964.
/s/ Xxxx Xxxx
----------------------
Secretary of Meeting
UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL ELECTRIFICATION ADMINISTRATION
No. A
---
AGREEMENT, made as of June 8, 1964, pursuant to the
Rural Electrification Act of 1936, as amended (7 U. S. C.
901 et seq.) between DeKALB TELEPHONE COOPERATIVE
(hereinafter called the "Borrower"), a corporation existing
under the laws of the State of Tennessee, and UNITED STATES
OF AMERICA (hereinafter called the "Government"), acting
through the Administrator of the Rural Electrification
Administration.
WHEREAS, the Government and the Borrower have heretofore entered
into
a certain telephone loan contract, dated as of October 15, 1951, and six
certain amendments thereto, dated, respectively, as of March 9, 1953, as of
February 15, 1954, as of November 15, 1954, as of November 15, 1957, as of
November 9, 1959, and as of June 20, 1961 (said telephone loan contract, as
so amended, being hereinafter called the "Loan Contract"), and intend by this
agreement to amend the Loan Contract by increasing the aggregate amount of
the loans therein provided for by an amount not in excess of $1,351,000, and
in certain other respects;
NOW, THEREFORE, for and in consideration of the mutual agreements
herein contained, the Government and the Borrower agree as follows:
SECTION 1. Section 1.1 of article I of the Loan Contract is amended
to read as follows:
SECTION 1.1. Amount and Purpose. For the purpose of
furnishing telephone service in rural areas, the Government shall
lend and the Borrower shall borrow an amount not in excess of
$3,945,000 which, together with the sum of $57,983 of equity funds
to be deposited by the Borrower in the "Special Construction
Account" hereinafter defined and provided for in section
2.4, shall be used to finance, pursuant to the provisions of
the Act, the acquisition,construction and operation of
telephone lines and facilities (hereinafter called the
"Project") to serve approximately 5,604 subscribers and to
be located in the Counties of Xxxxxx, DeKalb, Xxxxxxxxxx,
Xxxxx and Xxxxxx, and in counties contiguous thereto, all
in the State of Tennessee.
SEC. 2. Article II of the Loan Contract is amended by adding
thereto two new sections numbered and reading as follows:
SEC. 2.8. Prerequisites to Advances on Account of
Additional Loan of $1,351,000. Notwithstanding anything in this
agreement, the Government shall be under no obligation to advance
any portion of the increase of $1,351,000 in the amount of the Loan
provided for in the agreement, dated as of June 8, 1964, made by and
between the Borrower and the Government (such increase of $1,351,000
being hereinafter called the "H Loan") unless and until the Borrower
shall have submitted evidence, satisfactory to the Administrator,
that it has duly executed, recorded and filed a mortgage in form and
substance satisfactory to the Adminis-trator, providing for revised
financial controls.
SEC. 2.9. Special Prerequisites to Advances of H Loan funds
for Brush Creek Area. The Government shell be under no obligation to
advance any portion of the $76,300 of the H Loan intended for
construction by the Borrower of telephone facilities within the
Brush Creek Telephone Company Area unless and until the Borrower, in
addition to complying with all other conditions of this agreement
precedent to the advance of the H Loan, shall have submitted
evidence, satisfactory to the Administrator, that no duplication of
telephone facilities providing reasonably adequate service will
result from such construction.
SEC. 3. Section 4.13 of Article IV of the Loan Contract is deleted
and in lieu thereof there is inserted the following:
SEC. 4.13. Equal Opportunity Clause. The Borrower hereby
agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined
in the rules and regulations of the
President's Committee on Equal Employment Opportunity 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:
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, creed, color or national origin.
The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to
their race, creed, color or national origin. Such action shall include, but
not be 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. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided
setting forth the provisions of this nondiscrimination clause.
(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, creed, color or national origin.
(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' representative 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 comply with all provisions of Executive
Order No. 10925 of March 6, 1961, as amended by Executive Order 11114 of June
22, 1963, and of the rules, regulations and relevant orders of the
President's Committee on Equal Employment Opportunity created thereby.
(5) The contractor will furnish all information and reports
required by Exe-cutive Order 10925 of March 6, 1961, as amended by Executive
Order 11114 of June 22, 1963, and by the rules, regulations and orders of the
said Committee, or pur-suant thereto, and will permit access to his books,
records and accounts by the administering agency and the Committee for
purposes of investigation to ascertain compliance with such rules,
regulations and orders.
(6) 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
cancelled, terminated or suspended in whole or in part and the contractor may
be declared ineligible for further Government contracts or federally assisted
construction contracts in
accordance with procedures authorized in Executive Order No. 10925 of March
6, 1961, as amended by Executive Order 11114 of June 22, 1963, and such other
sanctions may be imposed and remedies invoked as provided in the said
Executive Order or by rule, regulation or order of the President's Committee
on Equal Employment Opportunity, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the President's Committee on Equal Employment
Opportunity issued pursuant to section 303 of Executive Order 10925 of March
6, 1961, as amended by Executive Order 11114 of June 22, 1963, so that such
provisions will be binding upon each subcontractor or vendor. The contractor
will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, That in the event
a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the agency, the
contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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The Borrower further agrees that it will be bound by the above equal
opportunity clause in any federally assisted construction work which it
performs itself other than through the permanent work force directly employed
by an agency of government.
The Borrower agrees that it will cooperate actively with the
administering agency and the President's Committee on Equal Employment
Opportunity in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and the rules, regulations and relevant
orders of the Committee, that it will furnish the administering agency and
the Committee 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 Borrower further agrees that it will refrain from entering
into any contract or contract modification subject to Executive Order 11114
with a contractor debarred from, or who has not demonstrated eligibility for,
Government contracts and federally assisted construction contracts pursuant
to Part III, Subpart D of Executive Order 10925 and will carry out such
sanctions and penalties for violation of the equal opportunity clause as may
be imposed upon contractors and subcontractors by the administering agency or
the Committee pursuant to Part III, Subpart D of Executive Order 10925. In
addition, the Borrower agrees that if it fails or refuses to comply with
these undertakings the administering agency may cancel, terminate or suspend
in whole or in part this contract, may refrain from extending any further
assistance under any of its programs subject to Executive Order 11114 until
satisfactory assurance of future compliance has been received from such
Borrower, or may refer the case to the Department of Justice for appropriate
legal proceedings.
SEC. 4. This agreement may be simultaneously executed and delivered
in two or more counterparts, each of which so executed and delivered shall be
deemed to be an original, and all shall constitute but one and the same
instrument.
IN WITNESS WHEREOF the Borrower has caused this agreement to be
signed in its corporate name and its corporate seal to be hereunto affixed
and attested by its officers thereunto duly authorized, and the Government
has caused this agreement to be duly executed, all as of the day and year
first above written.
DEKALB TELEPHONE COOPERATIVE
by /s/ W. N. Xxxx
President
(Seal)
Attest: /s/ Xxxx Xxxx
Secretary
UNITED STATES OF AMERICA
by /s/ Xxxxxxx X. Dell
Acting Administrator
of
Rural Electrification Administration
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