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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />See.2 C.F.R. Part 200, Appendix II, C.
<br />b. Key Definitions.
<br />(1) Federally Assisted Construction Contract. The regulation at 41 C.F.R.
<br />§ 60-1.3 defines a "federally assisted construction contract" as any agreement
<br />or modification thereof between any applicant and a person for construction
<br />work which is paid for in whole or in part with funds obtained from the
<br />Government or borrowed on the credit of the Government pursuant to any
<br />Federal program involving a grant, contract, loan, insurance, or guarantee, or
<br />undertaken pursuant to any Federal program involving such grant, contract,
<br />loan, insurance, or guarantee, or any application or modification thereof
<br />approved by the Government for a grant, contract, loan, insurance, or guarantee
<br />under which the applicant itself participates in the construction work.
<br />(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines
<br />"construction work" as the construction, rehabilitation, alteration, conversion,
<br />extension, demolition or repair of buildings, highways, or other changes or
<br />improvements to real property, including facilities providing utility services. The
<br />term also includes the supervision, inspection, and other onsite functions
<br />incidental to the actual construction.
<br />c. Applicability. This requirement applies to all FEMA grant and cooperative
<br />agreement programs.
<br />d. The regulation at 41 C.F.R. Part 60-1.4(b) requires the insertion of the following
<br />contract clause:
<br />"During the performance of this contract, the contractor agrees as follows:
<br />(1) The contractor will not discriminate against any employee or applicant for
<br />employment because of race, color, religion, sex, or national origin. The
<br />contractor will take affirmative action to ensure that applicants are employed, and
<br />that employees are treated during employment without regard to their race, color,
<br />religion, sex, or national origin. Such action shall include, but not be limited to
<br />the following: Employment, upgrading, demotion, or transfer; recruitment or
<br />recruitment advertising; layoff or termination; rates of pay or other forms of
<br />compensation; and selection for training, including apprenticeship. The
<br />contractor agrees to post in conspicuous places, available to employees and
<br />applicants for employment, notices to be provided setting forth the provisions of
<br />this nondiscrimination clause.
<br />(2) The contractor will, in all solicitations or advertisements for employees
<br />placed by or on behalf of the contractor, state that all qualified applicants will
<br />receive considerations for employment without regard to race, color, religion,
<br />sex, or national origin.
<br />(3) The contractor will send to each labor union or representative of workers
<br />with which he has a collective bargaining agreement or other contract or
<br />understanding, a notice to be provided advising the said labor union or workers'
<br />representatives of the contractor's commitments under this section, and shall
<br />post copies of the notice in conspicuous places available to employees and
<br />applicants for employment.
<br />(4) The contractor will comply with all provisions of Executive Order 11246 of
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