Fort Walton Beach Council agenda — 01-11-05 - regular — reading text

or refusal occurred until satisfactory assurance of future compliance has been received from such Contracting Local Organization; and refer the case to the Department of Justice for appropriate legal proceedings. III. NOTICE TO CONTRACTING LOCAL ORGANIZATIONS OF REQUlREl\1ENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES a) A Certification of Nonsegregated Facilities must be submitted by the Contracting Local Organization prior to any agreement for Federal financial assistance where the Contracting Local Organization will itself perform a federally assisted construction contract exceeding $ 10, 000 which is not exempt from the provisions of the Equal Opportunity clause. b) The Contracting Local Organization shall notify prospective federally assisted construction contractors of the Certification of Nonsegregated Facilities required, as follows: IV. NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS a) A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally assisted construction contract exceeding $ 10, 000 which is not exempt from the provisions of the Equal Opportunity clause. b) Contractors receiving federally assisted construction contract awards exceeding $ 10, 000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed 10, 000 and are not exempt from the provisions of the Equal Opportunity clause. V. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES a) Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $ 10, 000 which is not exempt from the provisions of the Equal Opportunity clause. b) Contractors receiving subcontract awards exceeding $ 10, 000 which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $ 10, 000 and are not exempt from the provisions of the Equal Opportunity clause. 3  SCS- AS- 818 Rev. 4- 70 File Code AS- 14 VI. CERTIFICATION OF NONSEGREGATED FACILITIES Applicable to federally assisted construction contracts and related subcontracts 10, 000 which are not exceeding exempt from the Equal Opportunity Clause.) The federally assisted construction contractor certifies that he/ she does not maintain orprovide for hislher employees any segregated facilities at any ofhislher establishments, and that he/ she does not permit hislher employees to perform their services at any location, under hislher control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he/ she will not maintain or provide for hish/ er employees any segregated facilities at any ofhislher establishments, and that he/ she will not permit hislher employees to perform their services at any location, under hislher control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this section is a violation of the Equal Opportunity Clause in this contract. As used in this caption, the term " segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or' entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, or national of because of habit, religion, local custom, or otherwise. The construction contractor agrees that ( federally assisted except where he/ she has obtained identical certifications from proposed subcontractors for specific time periods) he/ she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding 10, 000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/ she will retain such certifications in hislher files. NOTE - The penalty for making false statements in offers is prescribed in 18 D. S. C. I 001. Contractor: Signature: Title: Date: VII. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS EXECUTIVE ORDER 11246) 1. As used in these specifications: a. ' Covered area' means the geographical area described in the solicitation from which this contract resulted; b. " Director" means Director, Office of Federal Contract act Compliance Program, United States Department of Labor, or any person to whom the Director delegates authority; c. " Employer identification number' means the Federal Social Security number used on the Employees Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. " Minority" includes: i) Black ( all persons having origins in any of the Black African racial groups not of Hispanic origin); ii) Hispanic ( all persons of Mexican, Puerto Rican, Cub Central or South American or other Spanish Culture or origin, regardless of race); iii) Asian and Pacific Islander ( all persons having origins in any of the original peoples of die Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and iv) American Indian or Alaskan Native ( all groups having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$ 10, 000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which the contract resulted. 3. If the Contractor is participating ( pursuant to 41 CFR 60- 4. 5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through as association, its affirmative action obligations on all work in the Plan area including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The' overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractors or Subcontractors failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in Paragraphs 7. a. through 7. p. of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female tuition that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they