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The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to <br />take such measures as are necessary to enforce such covenant and will not itself so discriminate. <br /> <br /> (4) Section 504. The Subrecipient agrees to comply with any federal <br />regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 <br />U.S.C. 721) that prohibits discrimination against the handicapped in any federally assisted program. <br />The City of San Leandro shall provide the Subrecipient with any guidelines necessary for compliance <br />with that portion of the regulations in force during the term of this Agreement. <br /> <br />b. Affirmative Action <br /> <br /> (1) EO 11246. The Subrecipient, if applicable, will comply with Executive <br />Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto (41 <br />CFR Chapter 60) which provides that no person shall be discriminated against on the basis of race, <br />color, religion, sex or national origin in all phases of employment during the performance of federal or <br />federally assisted construction Agreements. As specified in Executive Order 11246 and the <br />implementing regulations, contractors, and subcontractors on federal or federally assisted construction <br />contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion or <br />transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of <br />compensation and selection for training and apprenticeship. <br /> <br /> (2) Women- and Minority-Owned Businesses (W/MBE). The Subrecipient <br />will use its best efforts to afford minority and women-owned business enterprises the maximum <br />practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, <br />the term "minority and female business enterprise" means a business at least fifty-one (51) percent <br />owned and controlled by minority group members or women. For the purposes of this definition, <br />"minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish- <br />heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written <br />representations by Subrecipients regarding their status as minority and female business enterprises in <br />lieu of an independent investigation. <br /> <br /> (3) Access to Records. The Subrecipient shall furnish and cause each of its <br />sub-subrecipients to furnish all information and reports required hereunder and will permit access to its <br />books, records and accounts by the City, HUD or its agent, or other authorized federal officials for <br />purposes of investigation to ascertain compliance with the rules, regulations and provisions stated <br />herein. <br /> <br /> (4) Notifications. The Subrecipient will send to each labor union or <br />representative of workers with which it has a collective bargaining agreement or other contract or <br />understanding, a notice, to be provided by the agency contracting officer, advising the labor union or <br />worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the <br />notice in conspicuous places available to employees and applicants for employment. <br /> <br /> (5) EEO/AA Statement. The Subrecipient will, in all solicitations or <br />advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal <br />Opportunity or Affirmative Action employer. <br /> <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, <br />specifically or by reference, so that such provisions will be binding upon each sub-Subrecipient or <br />vendor. <br /> <br />c. Employment Restrictions <br /> <br />242