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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />b. Key Definitions. <br />Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60- <br />1.3 defines a "federally assisted construction contract" as any agreement <br />or modification thereof between any applicant and a person for <br />construction work which is paid for in whole or in part with funds <br />obtained from the Government or borrowed on the credit of the <br />Government pursuant to any Federal program involving a grant, contract, <br />loan, insurance, or guarantee, or undertaken pursuant to any Federal <br />program involving such grant, contract, loan, insurance, or guarantee, or <br />any application or modification thereof approved by the Government for <br />a grant, contract, loan, insurance, or guarantee under which the applicant <br />itself participates in the construction work. <br />Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines <br />"construction work" as the construction, rehabilitation, alteration, <br />conversion, extension, demolition or repair of buildings, highways, or <br />other changes or improvements to real property, including facilities <br />providing utility services. The term also includes the supervision, <br />inspection, and other onsite functions incidental to the actual <br />construction. <br />c. Applicability. This requirement applies to all FEMA grant and cooperative <br />agreement programs. <br />d. Required Language. The regulation at 41 C.F.R. Part 60-1.4(b) requires the <br />insertion of the following 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, sexual orientation, gender <br />identity, or national origin. The contractor will take affirmative action toensure <br />that applicants are employed, and that employees are treated during <br />employment without regard to their race, color, religion, sex, sexual <br />orientation, gender identity, or national origin. Such action shall include, but <br />not be limited to the following: <br />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 />65 <br />