+---------+----------------------------------------------+------------+
| Form RD | ***[Tab 5:]{.underline}***                   | FORM       |
| 400-1   |                                              | APPROVED   |
|         | **UNITED STATES DEPARTMENT OF AGRICULTURE**  |            |
| (Rev.   |                                              | OMB No.    |
| 5-00)   |                                              | 0575-0018  |
+---------+----------------------------------------------+------------+

**EQUAL OPPORTUNITY AGREEMENT**

  ----------------- ------------------------------------------------ ---------
  This agreement,   November 13, 2023                                between
  dated                                                              

  **«Applicant»**                                                    
  ----------------- ------------------------------------------------ ---------

(herein called \'\'Recipient\'\' whether one or more) and United States
Department of Agriculture (USDA), pursuant to the rules and

regulations of the Secretary of Labor (herein called the \'Secretary\')
issued under the authority of Executive Order 11246 as amended,
witnesseth:

In consideration of financial assistance (whether by a loan, grant, loan
guaranty, or other form of financial assistance) made or to be

made by the USDA to Recipient, Recipient hereby agrees, if the cash cost
of construction work performed by Recipient or a construction

contract financed with such financial assistance exceeds \$10,000 -
unless exempted by rules, regulations or orders of the Secretary of

Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965.

1\. To incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, subject to the

relevant rules, regulations, and orders of the Secretary or of any prior
authority that remain in effect, which is paid for in whole or in part

with the aid of such financial assistance, the following \"Equal
Opportunity Clause\":

During the performance of this contract, the contractor agrees as
follows:

\(a\) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or

national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are

treated during employment, without regard to their race, color,
religion, sex or national origin. Such action shall include, but

not be limited, to the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff

or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor

agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the

USDA setting forth the provisions of this nondiscrimination clause.

\(b\) The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all

qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.

\(c\) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement

or other contract or understanding, a notice, to be provided by the
USDA, advising the said labor union or workers\'

representative of the contractor\'s commitments under this agreement and
shall post copies of the notice in conspicuous places

available to employees and applicants for employment.

\(d\) The contractor will comply with all provisions of Executive Order
11246 of September 24,1965, and of all rules, regulations

and relevant orders of the Secretary of Labor.

\(e\) The contractor will furnish all information and reports required
by Executive Order 11246 of September 24, 1965, rules,

regulations, and orders, or pursuant thereto, and will permit access to
his books, records, and accounts by the USDA Civil

Rights Office, and the Secretary of Labor for purposes of investigation
to ascertain compliance with such rules,

regulations, and orders.

\(f\) In the event of the contractor\'s noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules,

regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part and the contractor may be

declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures

authorized in Executive Order No. 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies

invoked as provided in Executive Order No. 11246 of September 24, 1965,
or by rule, regulation or order of the Secretary of

Labor, or as otherwise provided by Law.

\(g\) The contractor will include the provisions of paragraph 1 and
paragraph (a) through (g) in every subcontract or purchase order,

unless exempted by the rules, regulations, or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order

No. 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The

contractor will take such action with respect to any subcontract or
purchase order as the USDA may direct as a means of

enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes

involved in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the USDA, the

contractor may request the United States to enter into such litigation
to protect the interest of the United States.

*According to the Paperwork Reduction Act of 1995, an agency may not
conduct or sponsor, and a person is not required to respond*

*to, a collection of information unless it displays a valid OMB control
number. The valid OMB control number for this information*

*collections is 0575-0018. The time required to complete this
information collection is estimated to average 10 minutes per response,*

*including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and*

*completing and reviewing the collection of information.*

*Position 6* RD 400-1 (Rev. 5-00)

2\. To be bound by the above equal opportunity clause with respect to
its own employment practices when it participates in federally

assisted construction work: Provided, that if the organization so
participating is a State or local government, the above equal

opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in

work on or under the contract.

3\. To notify all prospective contractors to file the required
\'Compliance Statement\', Form RD 400-6, with their bids.

4\. Form AD-425, Instructions to Contractors, will accompany the notice
of award of the contract. Bid conditions for all nonexempt

federal and federally assisted construction contracts require inclusion
of the appropriate \'\'Hometown\'\' or \'\'Imposed\'\' plan affirmative

action and equal employment opportunity requirements. All bidders must
comply with the bid conditions contained in the invitation to

be considered responsible bidders and hence eligible for the award.

5\. To assist and cooperate actively with USDA and the Secretary in
obtaining the compliance of contractors and subcontractors with

the equal opportunity clause and rules, regulations, and relevant orders
of the Secretary, that will furnish USDA and the Secretary such

information such as , but not limited to, Form AD-560, Certification of
Nonsegregated Facilities, to submit the Monthly Employment

Utilization Report, Form CC-257, as they may require for the supervision
of such compliance, and that it will otherwise assist USDA in

the discharge of USDA\'s primary responsibility for securing compliance.

6\. To refrain from entering into any contract or contract modification
subject to such Executive Order 11246 of September 24, 1965,

with a contractor debarred from, or who has not demonstrated eligibility
for, Government contracts and Federally assisted construction

contracts pursuant to the Executive Order and will carry out such
sanctions and penalties for violation of the equal opportunity clause as

may be imposed upon contractors and subcontractors by USDA or the
Secretary of Labor pursuant to Part II, Subpart D, of the

Executive Order.

7\. That if the recipient fails or refuses to comply with these
undertakings, the USDA may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract,
loan, insurance, guarantee); refrain from extending any further

assistance to the organization under the program with respect to which
the failure or refund occurred until satisfactory assurance of

future compliance has been received from such organization; and refer
the case to the Department of Justice for appropriate legal

proceedings.

Signed by the Recipient on the date first written above.

  ------------------------------- ---- ----------------- --------------------------------
  **«Applicant»**                      **«Applicant»**   

  Recipient                            Recipient         

  (CORPORATE SEAL)                     **«Applicant»**   

                                       Name of Corporate 
                                       Recipient         

  Attest:                                                

                                  By                     

  Secretary                            President         
  ------------------------------- ---- ----------------- --------------------------------