Att J_Civil_Rights_Assurances for Vendor Contracts.pdf

PDF 237 KB Posted

Attached to
USDA Child Nutrition Program Processor Pricing Agreements
Solicitation number
S-DASOBO-00013701
Issued by
Marion County, Oregon

About this file

This document is a Civil Rights Assurance Statement from the United States Department of Agriculture (USDA), specifically the Food and Nutrition Service (FNS), detailing comprehensive non-discrimination requirements for contractors receiving federal financial assistance. The assurance covers compliance with multiple federal civil rights laws, including the Civil Rights Act of 1964, Education Amendments of 1972, Rehabilitation Act of 1973, Americans with Disabilities Act, and various executive orders and guidelines related to non-discrimination.

The document requires contractors to agree to non-discriminatory practices across USDA programs, prohibiting exclusion or discrimination based on race, color, national origin, sex, age, disability, religion, gender identity, sexual orientation, and other protected characteristics. Contractors must compile and maintain records, allow USDA personnel to review documentation, and permit facility inspections to ensure compliance. The assurance is binding on the contractor, its successors, and assignees for as long as they receive federal assistance, with potential judicial enforcement by the Department of Agriculture if violations occur.

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Civil Rights Assurance The entire Civil Rights Assurance Statement must be included on all contracts, agreements, solicitations. Modify the assurance to specify your contractor. The full assurance statement is as follows:

Contractor hereby agrees that it will comply with:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.);

iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.);

v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189);

vi. Executive Order 13166, "Improving Access to Services for Persons with Limited

English Proficiency." (August 11, 2000);

vii. All provisions required by the implementing regulations of the Department of

Agriculture (USDA) (7 CFR Part 15 et seq.);

viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3);

ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.

x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, ATTACHMENT J or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance.

By accepting this assurance, the Contractor agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on Contractor, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Contractor.

Signature(s) Date

Printed Name:

Title:

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