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(3) Land Covenants. This Agreement is subject to the requirements of <br />Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570, part I. In regard to the sale, <br />lease, or other transfer of land acquired, cleared or improved with assistance provided under this <br />Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted <br />in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, <br />lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be <br />erected thereon, providing that the City of San Leandro and the United States are beneficiaries of <br />and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out <br />the program assisted hereunder, agrees to take such measures as are necessary to enforce such <br />covenant and will not itself so discriminate. <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 <br />program. The City of San Leandro shall provide the Subrecipient with any guidelines necessary for <br />compliance with that portion of the regulations in force during the term of this Agreement. <br />b. Affirmative Action <br />(1) EO 11246. The Subrecipient, if applicable, will comply with <br />Executive Order 11246, as amended by Executive Order 12086, and the regulations issued <br />pursuant thereto (41 CFR Chapter 60) which provides that no person shall be discriminated <br />against on the basis of race, color, religion, sex or national origin in all phases of employment <br />during the performance of federal or federally assisted construction Agreements. As specified in <br />Executive Order 11246 and the implementing regulations, contractors, and subcontractors on <br />federal or federally assisted construction contracts shall take affirmative action to insure fair <br />treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, <br />layoff or termination, rates of pay, or other forms of compensation and selection for training and <br />apprenticeship. <br />(2) Women- and Minority -Owned Businesses (W/MBE). The <br />Subrecipient will use its best efforts to afford minority and women -owned business enterprises the <br />maximum practicable opportunity to participate in the performance of this Agreement. As used in <br />this Agreement, the term "minority and female business enterprise" means a business at least fifty- <br />one (51) percent owned and controlled by minority group members or women. For the purposes of <br />this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish <br />surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The <br />Subrecipient may rely on written representations by Subrecipients regarding their status as minority <br />and female business enterprises in lieu of an independent investigation. <br />(3) Access to Records. The Subrecipient shall furnish and cause each <br />of its sub-subrecipients to furnish all information and reports required hereunder and will permit <br />access to its books, records and accounts by the City, HUD or its agent, or other authorized federal <br />officials for purposes of investigation to ascertain compliance with the rules, regulations and <br />provisions stated herein. <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 <br />CDBG Subrecipient Agreement between City of San Leandro and July 1, 2020 <br />Asian Health Services for Mental Health Warmline Services Page 3 of 17 <br />