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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 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 and the <br /> 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 1968 as <br /> amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the <br /> 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 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. The Subrecipient will take affirmative <br /> action to ensure that all employment practices are free from such discrimination. Such employment practices <br /> include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment <br /> advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including <br /> apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for <br /> employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination <br /> clause. <br /> (3) Land Covenants. This contract is subject to the requirements of Title VI of the Civil <br /> 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 contract, the Subrecipient 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 the City of San Leandro and the United States are beneficiaries of and <br /> entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted <br /> hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so <br /> discriminate. <br /> (4) Section 504. The Subrecipient 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. The City of San Leandro shall provide <br /> the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the <br /> term of this contract. <br /> -2- <br /> CDBG Agreement with FESCO FY14-15 <br />