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AG 2016 10 17
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AG 2016 10 17
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Last modified
10/19/2016 11:49:10 AM
Creation date
11/27/2017 10:35:17 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
10/17/2016
Board
Board of Commissioners
Meeting Type
Regular
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DocuSign Envelope ID: 39782C33- 7582 - 4693- BCD3- 25948CA6E7E8 <br />For Official Use Only <br />This certification is a material representative of fact upon which reliance was placed when this transaction <br />was made or entered into. Submission of this certification is a prerequisite for making or entering into this <br />transaction imposed 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 than $1 00,000 for each <br />such failure. <br />26. Assurance of Compliance with Title Vl of the Civil Rights Act of 1964: During the performance of this <br />contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the <br />"contractor ") agrees as follows: <br />A. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination <br />in Federally- Assisted Programs of the 2 C.F.R. 200 and North Carolina regulation as they may be amended <br />from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and <br />made a part of this contract. <br />B. Nondiscrimination: The contractor, with regard to the work perforated by it during the contract, shall not <br />discriminate on the grounds of race, sex, or national origin in the selection and retention of subcontractors, <br />including procurements of materials and leases of equipment. The contractor shall not participate either <br />directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including <br />employment practices when the contract covers a program set forth in Appendix B of the Regulations. <br />C. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either <br />by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, <br />including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be <br />notified by the contractor of the contractors obligations under this contract and the Regulations relative to <br />nondiscrimination on the grounds of race, color, sex, or national origin. <br />D. Information and Reports: The contractor shall provide all information and reports required by the Regulations <br />or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of <br />information, and its facilities as my be determined by the Recipient or the Research and Special Programs <br />Administration (RSPA) to be pertinent to ascertain compliance with such Regulations, orders and <br />instructions. Where any information required of a contractor is in the exclusive possession of another who <br />fails or refuses to furnish this information the contractor shall so certify to the Recipient or the Research and <br />Special Programs Administration as appropriate, and shall set forth what efforts it has made to obtain such <br />information. <br />E. Sanctions for Noncompliance: In the event of the contractors noncompliance with nondiscrimination <br />provisions of this contract, the Recipient shall impose contract sanctions as it or the Research and Special <br />Programs Administration may determine to be appropriate, including, but not limited to: <br />L Withholding of payments to the contractor under the contract until the contractor complies; and /or <br />ii. Cancellation, termination, or suspension of the contract, in whole or in part. <br />F. Incorporation of Provisions: The contractor shall include the provisions of every subcontract, including <br />procumbent of materials and leases of equipment, unless exempt by the Regulations, or directives issued <br />pursuant thereto- The contract shall take such action with respect to any subcontract or procurements as the <br />Recipient or the Research and Special Programs Administration may direct as a means of enforcing such <br />provisions including sanctions for noncompliance: Provide, however, that in the event a contractor becomes <br />involved in, or is threatened with, litigation with a subcontract or supplier as a result of such direction, the <br />contractor may request the Recipient to enter into such litigation to protect the of the Recipient and, in <br />addition the contractor may request the United States to enter such litigation to protect the interests of the <br />United States. <br />27. Assurance of Compliance with Title V] of the Civil Rights Act of 1964: Sub- Recipient HEREBY AGREES <br />THAT as a condition to receiving any federal financial assistance from the USDHS it will comply with Title VI <br />Attachment number 1 \n <br />F -4 Page 72 <br />
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