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by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
<br />certification shall be subject to a civil penalty of not less than $10,000 and not more
<br />than $100,000 for each such failure.
<br />(22) LEGAL AUTHORIZATION
<br />The Subrecipient certifies that it has the legal authority to receive the funds under this
<br />Agreement and that its governing body has authorized the execution and acceptance of this
<br />Agreement. The Subrecipient also certifies that the undersigned person has the authority to
<br />legally execute and bind the Subrecipient to the terms of this Agreement.
<br />(23) ASSURANCES
<br />The Subrecipient must comply with any Statement of Assurances incorporated as Attachment
<br />C.
<br />(24) EQUAL OPPORTUNITY EMPLOYMENT
<br />a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
<br />incorporate or cause to be incorporated into any contract for construction work, or
<br />modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
<br />Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
<br />Government or borrowed on the credit of the Federal Government pursuant to a grant,
<br />contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program
<br />involving such grant, contract, loan, insurance, or guarantee, the following equal
<br />opportunity clause:
<br />During the performance of this contract, the contractor agrees as follows:
<br />The contractor will not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
<br />The contractor will take affirmative action to ensure that applicants are employed, and that
<br />employees are treated during employment without regard to their race, color, religion, sex,
<br />sexual orientation, gender identity, or national origin. Such action shall include, but not be
<br />limited to the following:
<br />i. Employment, upgrading, demotion, or transfer; recruitment or recruitment
<br />advertising; layoff or termination, rates of pay or other forms of compensation;
<br />and selection for training, including apprenticeship. The contractor agrees to
<br />post in conspicuous places, available to employees and applicants for
<br />employment, notices to be provided setting forth the provisions of this
<br />nondiscrimination clause.
<br />ii. The contractor will, in all solicitations or advertisements for employees placed by
<br />or on behalf of the contractor, state that all qualified applicants will receive
<br />considerations for employment without regard to race, color, religion, sex, sexual
<br />orientation, gender identity, or national origin.
<br />iii. The contractor will not discharge or in any other manner discriminate against any
<br />employee or applicant for employment because such employee or applicant has
<br />inquired about, discussed, or disclosed the compensation of the employee or
<br />applicant or another employee or applicant. This provision shall not apply to
<br />instances in which an employee who has access to the compensation
<br />information of other employees or applicants as a part of such employee's
<br />essential job functions discloses the compensation of such other employees or
<br />applicants to individuals who do not otherwise have access to such information,
<br />unless such disclosure is in response to a formal complaint or charge, in
<br />furtherance of an investigation, proceeding, hearing, or action, including an
<br />investigation conducted by the employer, or is consistent with the contractor's
<br />legal duty to furnish information.
<br />iv. The contractor will send to each labor union or representative of workers with
<br />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.
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