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(4) Section 504. The Subrecipient agrees to comply with any federal regulations <br />issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 721) that prohibits <br />discrimination against the handicapped in any federally assisted program. The City of San Leandro shall <br />provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in <br />force during the term of this contract. <br />b. Affirmative Action <br />(1) Approved Plan. The Subrecipient agrees that it shall be committed to carry out <br />pursuant to the City of San Leandro's specifications an Affirmative Action Program in keeping with the <br />principles as provided in President's Executive Order 11246 of September 24, 1965. The City of San Leandro <br />shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The <br />Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. <br />(2) Women- and Minority-Owned Businesses (W/MBE). The Subrecipient will use <br />its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity <br />to participate in the performance of this contract. As used in this contract, the term "minority and female <br />business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group <br />members or women. For the purposes of this definition, "minority group members" are Afro-Americans, <br />Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American <br />Indians. The Subrecipient may rely on written representations by Subrecipients regarding their status as <br />minority and female business enterprises in lieu of an independent investigation. <br />(3) Access to Records. The Subrecipient shall furnish and cause each of its sub- <br />subrecipients to furnish all information and reports required hereunder and will permit access to its books, <br />records and accounts by the Grantee, HUD or its agent, or other authorized federal officials for purposes of <br />investigation to ascertain compliance with the rules, regulations and provisions stated herein. <br />(4) Notifications. The Subrecipient will send to each labor union or representative of <br />workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be <br />provided by the agency contracting officer, advising the labor union or worker's representative of the <br />Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to <br />employees and applicants for employment. <br />(5) EEO/AA Statement. The Subrecipient will, in all solicitations or advertisements <br />for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative <br />Action employer. <br />(6) Subcontract Provisions. The Subrecipient will include the provisions of <br />Paragraphs VIII A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically <br />or by reference, so that such provisions will be binding upon each sub-Subrecipient or vendor. <br />c. Employment Restrictions <br />(1) Prohibited Activity. The Subrecipient is prohibited from using funds provided <br />herein or personnel employed in the administration of the program for political activities; sectarian or religious <br />activities; lobbying, political patronage, and nepotism activities. <br />-3- <br />CDBGAgreement with <br />ECHO Fair Housing Services FY09-10 <br />