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60D - ESG PROGRAM
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60D - ESG PROGRAM
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Last modified
5/30/2019 7:17:38 PM
Creation date
5/30/2019 7:11:41 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
60D
Date
6/4/2019
Destruction Year
2024
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M. Provisions Required by Law Deemed Inserted. <br />Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be <br />inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if <br />through mistake or otherwise any such provision is not inserted or correctly inserted, then upon the application of <br />either party the contract shall forthwith be physically amended to make such insertion or correction. <br />VI. ASSURANCES AND CERTIFICATIONS <br />A. Non -Profit Status <br />The SUBRECIPIENT certifies that: <br />(1) The SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and <br />authorized to do business under the laws of the State of California and in possession of required non-profit status <br />under the United States Internal Revenue Code [for example, 26 USC § 501(c)(3)]. The SUBRECIPIENT has full <br />right, power, and lawful authority to accept the funding hereunder and to undertake all obligations as provided <br />herein and the execution, performance, and delivery of this AGREEMENT by the SUBRECIPIENT has been <br />fully authorized by all requisite actions on the part of the SUBRECBPIENT. <br />(2) If the SUBRECIPIENT's non-profit status changes at anytime during this AGREEMENT, it will advise <br />the CITY within 15 days. <br />(3) If the SUBRECIPIENT is a private non-profit, it hereby agrees that the members of its Board of Directors <br />will receive no compensation, directly or indirectly, other than reimbursement for expenses, from any funds <br />generated from or because of the ESG program, for their services. <br />(4) As a non-profit, the SUBRECIPIENT acknowledges that administration of its operation and services are <br />subject to the requirements as established in 2 CFR 200. <br />B. Adherence to Federal. State. and Local Laws and Regulations <br />(1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and <br />applicable cross -cutting Federal, State, and Local requirements. <br />(2) Economic Opportunities for Low- and Very Low-income Persons. The SUBRECIPIENT shall ensure that <br />employment and other economic opportunities generated by the Program shall, to the greatest extent feasible, be <br />directed to low- and very low-income persons, particularly those who are recipients of government assistance for <br />housing. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and regulations at 24 <br />CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance <br />with § 576.405(c). <br />(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964, as <br />amended, Title VIH of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the Housing and <br />Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with <br />Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60. <br />(4) Nondiscrimination and Equal Employment Opportunity. During the performance under this <br />AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for employment <br />Z• <br />
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