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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 />(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, and
<br />with Executive Order 11246 as amended by Executive Orders 11375 and 12086.
<br />(2) Nondiscrimination. Consultant will not discriminate against any employee or applicant
<br />for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
<br />marital status, or status with regard to public assistance. Consultant will take affirmative action to ensure that all
<br />employment practices are free from such discrimination. Such employment practices include but are not limited to
<br />the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates
<br />of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post
<br />in conspicuous places, available to employees and applicants for employment, notices to be provided by the
<br />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 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 acquired,
<br />cleared or improved with assistance provided under this Agreement, Consultant shall cause or require a covenant
<br />running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined,
<br />in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected
<br />thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants.
<br />Consultant, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures
<br />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 discrimination
<br />against the handicapped in any federally assisted program. City shall provide the Consultant with any guidelines
<br />necessary for compliance with that portion of the regulations in force during the term of this Agreement.
<br />Affirmative Action
<br />(1) EO 11246. The Consultant, if applicable, will comply with Executive Order 11246, as
<br />amended by Executive Order 12086, and the regulations issued pursuant thereto (41 CFR Chapter 60) which provides
<br />that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases
<br />of employment during the performance of federal or federally assisted construction contracts. As specified in
<br />Executive Order 11246 and the implementing regulations, contractors, and subcontractors on federal or federally
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<br />CDBG Consulting Services Agreement
<br />for Rebuilding Together Oakland East Bay
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