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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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