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2.3 Compliance with Law. Subrecipient shall perform the project and operate the facility in
<br />accordance with all ordinances, resolutions, statutes, rules, and Regulations of the City and any Federal,
<br />State or local governmental agency having jurisdiction in effect at the time service is rendered, including,
<br />but not limited to the Act and the Regulations. Particularly, Subrecipient shall comply with the
<br />requirements and standards of the following:
<br />
<br />a. OMB Circular No. A-122 "Cost Principles for Non-Profit Organizations" or OMB
<br />Circular No. A-21 "Cost Principles for Educational Institutions," as applicable;
<br />
<br />b. All Federal laws and regulations described in 24 CFR Part 84 and Subpart K of
<br />24 CFR Part 570, including all affirmative action requirements set forth therein, but excluding the City's
<br />environmental responsibilities under 24 CFR Section 570.604 and the City's responsibility for initiating
<br />the review process under 24 CFR Part 52; and
<br />
<br />c. If Subrecipient is a religious organization, as defined by the Regulations, all
<br />conditions prescribed by HUD for the use of CDBG funds by religious organizations shall pertain.
<br />
<br />2.4 Licenses, Permits, Fees and Assessments. Subrecipient shall obtain, at its sole cost
<br />and expense, such licenses, permits and approvals as may be required by law for the performance of the
<br />project and the operation of the facility.
<br />
<br />2.5 Personnel and Participant Conditions.
<br />
<br />a. Civil Rights
<br />
<br /> (1) Compliance . The Subrecipient agrees to comply with City and State civil
<br />rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights
<br />Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974,
<br />Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
<br />Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by
<br />Executive Orders 11375 and 12086.
<br />
<br /> (2) Nondiscrimination. The Subrecipient will not discriminate against any
<br />employee or applicant for employment because of race, color, creed, religion, ancestry, national origin,
<br />sex, disability or other handicap, age, marital status, or status with regard to public assistance. The
<br />Subrecipient will take affirmative action to ensure that all employment practices are free from such
<br />discrimination. Such employment practices include but are not limited to the following: hiring, upgrading,
<br />demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms
<br />of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to post in
<br />conspicuous places, available to employees and applicants for employment, notices to be provided by
<br />the contracting agency setting forth the provisions of this nondiscrimination clause.
<br />
<br /> (3) Land Covenants. This Agreement is subject to the requirements of Title
<br />VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570, part I. In regard to the sale, lease, or
<br />other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the
<br />Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease
<br />for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or
<br />occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City
<br />of San Leandro and the United States are beneficiaries of and entitled to enforce such covenants. The
<br />Subrecipient, 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 />
<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 U.S.C.
<br />721) that prohibits discrimination against the handicapped in any federally assisted program. The City of
<br />San Leandro shall provide the Subrecipient with any guidelines necessary for compliance with that portion
<br />of the regulations in force during the term of this Agreement.
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<br />DocuSign Envelope ID: 0386A9D5-353F-4427-9DE0-B5C42FCCB67A
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