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2.3 Compliance with Law. Subrecipient shall perform the project and operate the facility in
<br />accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State
<br />or local governmental agency having jurisdiction in effect at the time service is rendered, including, but not
<br />limited to the Act and the regulations. Particularly, Subrecipient shall comply with the requirements and
<br />standards of the following:
<br />a. OMB Circular No. A-122 "Cost Principles for Non-Profit Organizations" or OMB Circular
<br />No. A-21 "Cost Principles for Educational Institutions," as applicable;
<br />b. All Federal laws and regulations described in 24 CFR Part 84 and Subpart K of 24 CFR
<br />Part 570, including all affirmative action requirements set forth therein, but excluding the City's environmental
<br />responsibilities under 24 CFR Section 570.604 and the City's responsibility for initiating the review process
<br />under 24 CFR Part 52; and
<br />c. If Subrecipient is a religious organization, as defined by the regulations, all conditions
<br />prescribed by HUD for the use of CDBG funds by religious organizations shall pertain.
<br />2.4 Licenses, Permits, Fees and Assessments. Subrecipient shall obtain, at its sole cost and
<br />expense, such licenses, permits and approvals as may be required by law for the performance of the project
<br />and the operation of the facility.
<br />2.5 Personnel and Participant Conditions.
<br />a. Civil Rights
<br />(1) Compliance. The Subrecipient agrees to comply with City and State civil rights
<br />ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1988
<br />as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of
<br />the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,
<br />Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086.
<br />(2) Nondiscrimination. The Subrecipient will not discriminate against any employee
<br />or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or
<br />other handicap, age, marital status, or status with regard to public assistance. The Subrecipient will take
<br />affirmative action to ensure that all employment practices are free from such discrimination. Such employment
<br />practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
<br />recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for
<br />training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be provided by the contracting agency setting forth the
<br />provisions of this nondiscrimination clause.
<br />(3) Land Covenants. This contract is subject to the requirements of Title VI of the
<br />Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570, part I. In regard to the sale, lease, or other transfer of
<br />land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause
<br />or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting
<br />discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any
<br />improvements erected or to be erected thereon, providing that the City of San Leandro and the United States
<br />are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to
<br />carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such
<br />covenant, and will not itself so discriminate.
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<br />CDBG Agreement with
<br />ECHO Fair Housing Services FY09-10
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