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declared ineligible, or voluntarily excluded from participation in this <br /> transaction by any Federal department or agency. <br /> 2. When the lower tier subcontractor is unable to certify to any of the statements <br /> in the contract, such subcontractor shall attach an explanation to the contract. <br /> V. NONDISCRIMINATION AND AFFIRMATIVE ACTION [Amendment to Section XIII] <br /> During the performance of any Contract, the Contractor and its Subcontractor(s), if any, <br /> shall comply with federal and state laws against discrimination including, where <br /> applicable, the state funding agency's nondiscrimination plan. Nondiscrimination <br /> • requirements include, but are not limited to: <br /> E. Nondiscrimination in Employment: <br /> 1. The Contractor and its Subcontractor(s), if any, shall not discriminate against any <br /> employee or applicant for employment on the basis ((or)) of race, color, sex, <br /> sexual orientation, religion, national origin, creed, marital status, age, Vietnam <br /> era or other veterans' status, or mental or physical handicap. <br /> 2. The Contractor and its Subcontractor(s), if any, shall take affirmative action to <br /> ensure that employees are treated without discrimination on the basis of race, <br /> color, sex, sexual orientation, religion or national origin, creed, marital status, <br /> age, Vietnam era or other veterans' status, or mental or physical handicap. Such <br /> action shall include, but not be limited to, the following: promotion, demotion, <br /> transfer, termination, recruitment, advertising, training, apprenticeships, and rates <br /> of pay or other forms of compensation and benefits. <br /> 3. The Contractor and its Subcontractor(s), if any, shall agree to post in a <br /> conspicuous place available to employees and applicants, employment notices <br /> provided by the County setting forth the provisions of this nondiscrimination <br /> clause. <br /> 4. All solicitations, advertisements, or announcements for employees, volunteers, <br /> and board or advisory committee members will include reference to the <br /> Contractor's policy of nondiscrimination and affirmative action. Classified <br /> advertisements shall include the initials "EEOC/AA". All other solicitations, <br /> advertisements, or announcements shall include the following statement: <br /> All qualified applicants will receive consideration without regard to race, <br /> color, sex, sexual orientation, religion or national origin, creed, marital status, <br /> age, Vietnam era or other veterans'status, or mental or physical handicap. <br /> 5. Contractors with fifty (50) or more employees and government contracts of <br /> $50,000 or more in federal funds are required by Executive Order 11246 to <br /> develop and implement a written affirmative action program. The County shall <br /> provide affirmative action guidelines to the Contractor to assist in the formulation <br /> of such a program. The Contractor shall submit to the County a plan for an <br /> affirmative action program for approval prior to the award of funding. All qualified <br /> applicants for employment with the Contractor will receive consideration without <br /> regard to race, color, sex, sexual orientation, religion, national origin, creed, <br /> City of Everett <br /> HSD-2009-101-198(1) <br /> Page 3 of 6 <br /> 35 <br />