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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 /> a. Civil Rights <br /> • <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 <br /> -2- <br /> CDBG Consulting Services Agreement <br /> for Neighborhood Solutions FY12 -13 <br />