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5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with <br />whom contractor has a collective bargaining agreement, to refer either minorities or women <br />shall excuse the contractors obligations under these specifications, Executive Order 11246, or <br />the regulations promulgated pursuant thereto. <br />6. In order for the nonworking training hours of apprentices and trainees to be counted in <br />meeting the goals such apprentices or trainees must be employed by contractor during the <br />training period, and contractor must have made a commitment to employ the apprentices and <br />trainees at the completion of their training, subject to the availability of employment <br />opportunities. Trainees must be trained pursuant to training programs approved by the U.S. <br />Department of Labor. <br />7. Contractor shall take specific affirmative action to ensure equal employment opportunity. The <br />evaluation of contractor compliance with these specifications shall be based upon its effort to <br />achieve maximum results from its actions. Contractor shall documents these efforts fully, and <br />shall implement affirmative action steps at least as extensive as the following: <br />a. Ensure and maintain a working environment free of harassment, intimidations, and <br />coercion at all sites, and in all facilities at which contractors employees are assigned to <br />work. Contractor, where possible, will assign two or more women to each construction <br />project. The contractor shall specifically ensure that all foremen, superintendents, and <br />other on -site supervisory personnel are aware of and carry out contractor's obligation to <br />maintain such a working environment, with specific attention to minority or female <br />individuals working at such sites or in such facilities. <br />b. Establish and maintain a current list of minority and female recruitment sources, <br />provide written notification to minority and female recruitment sources and to <br />community organizations which contractor or its unions have employment opportunities <br />available, and maintain a record of the organizations responses. <br />C. Maintain a current file of the names, addresses, and telephone numbers of each <br />minority or female off - the - street applicant or minority or female referral from a union, a <br />recruitment source, or community organization and of what action was taken with <br />respect to each individual. If such individual was sent to the union hiring hall for referral <br />and was not referred back to contractor by the union or, if referred, was not employed <br />by contractor, this shall be documented in the file with the reason there for, along with <br />whatever additional actions contractor may have taken. <br />Provide immediate written notification to the Director when the union or unions with <br />which contractor has a collective bargaining agreement has not referred to contractor a <br />minority person or woman sent by the contractor, or when contractor has other <br />information that the union referral process has impeded contractor's efforts to meet its <br />obligations. <br />e. Develop on- the -job training opportunities and/or participate in training programs for the <br />area which expressly include minorities and women, including upgrading programs and <br />apprenticeship and trainee programs relevant to contractor's employment needs, <br />especially those programs funded or approved by the Department of Labor. Contractor <br />shall provide notice of these programs to the sources complied above. <br />Section VIII. SAMPLE COBG- FUNDED NON - PROFIT CAPITAL IMPROVEMENT CONSTRUCTION CONTRACT <br />Page 18 <br />Exhibit E4 Anti Kick -Back Statement <br />