a. OMB Circular No. A -122 "Cost Principles for Non - Profit Organizations" or OMB Circular No.
<br />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 Part
<br />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 under 24
<br />CFR Part 52; and
<br />C. If Consultant 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. Consultant and its employees, agents, and
<br />subcontractors shall obtain and keep in effect at all times, at their sole cost and expense, such licenses, permits and
<br />approvals as may be required by law to provide the services required by this Agreement. Consultant and any
<br />subcontractors shall obtain and maintain during the term of this Agreement a valid business license from City.
<br />2.5 Personnel and Participant Conditions.
<br />Civil Rights
<br />(1) Compliance. Consultant agrees to comply with City and State civil rights ordinances
<br />and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended,
<br />Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act
<br />of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063,
<br />and with Executive Order 11246 as amended by Executive Orders 11375 and 12086.
<br />(2) Nondiscrimination. Consultant will not discriminate against any employee or
<br />applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other
<br />handicap, age, marital status, or status with regard to public assistance. Consultant will take affirmative action to
<br />ensure that all employment practices are free from such discrimination. Such employment practices include but are
<br />not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
<br />termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
<br />Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to
<br />be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.
<br />(3) Land Covenants. This Agreement 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 land
<br />acquired, cleared or improved with assistance provided under this Agreement, Consultant shall cause or require a
<br />covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as
<br />herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected
<br />or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such
<br />covenants. Consultant, in undertaking its obligation to carry out the program assisted hereunder, agrees to take
<br />such measures as are necessary to enforce such covenant, and will not itself so discriminate.
<br />(4) Section 504. Consultant agrees to comply with any federal regulations issued
<br />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. City shall provide the Consultant with any
<br />guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
<br />b. Affirmative Action
<br />(1) Approved Plan. Consultant agrees that it shall be committed to carry out pursuant to
<br />City's specifications an Affirmative Action Program in keeping with the principles as provided in President's
<br />Executive Order 11246 of September 24, 1965. City shall provide Affirmative Action guidelines to Consultant to
<br />assist in the formulation of such program. Consultant shall submit a plan for an Affirmative Action Program for
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<br />CDBG Consulting Services Agreement
<br />for Neighborhood Solutions FY12 -13
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