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reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected <br />to discrimination under any program or activity receiving federal financial assistance or under any program or <br />activity conducted by any executive agency or by the United States Postal Service. <br />B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 CFR <br />570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee <br />of CITY having direct or indirect control of any CARES Act Funds granted to the CITY, inclusive of the <br />subject CARES Act Funds, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential <br />conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution <br />of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice <br />shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors <br />and list of officers. <br />C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity, <br />SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall <br />provide with CARES Act Funds, in accordance with 24 CFR 570.2000): <br />1. SUBRECIPIENT shall not discriminate against any employee or applicant for <br />employment on the basis of religion and shall not limit employment or give preference in employment to <br />persons on the basis of religion. <br />2. SUBRECIPIENT shall not discriminate against any person applying for the services <br />SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not <br />limit such services or give preference to applicants for such services on the basis of religion. <br />3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any <br />religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the <br />provision of the services in said program. The parties agree that this covenant is intended to and shall be <br />construed for the limited purpose of assuring compliance with respect to the use of CITY funds by <br />SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set <br />forth in the establishment clause under the First Amendment of the United States Constitution and Article I, <br />Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of <br />SUBRECIPIENT. <br />4. The portion of a facility used to provide public services assisted in whole or in part under <br />this Agreement shall contain no sectarian or religious symbols. <br />5. Where the services to be provided under said program are rendered on property owned by <br />the primarily religious entity SUBRECIPIENT, CARES Act Funds may also be used for minor repairs to <br />such property, which are directly related to the cost of rendering the services under said program, where the <br />cost constitutes in dollar terms only an incidental portion of the CARES Act expenditure for rendering the <br />services under said program. <br />D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any <br />person to fill a position funded through this Agreement if a member of that person's immediate family is <br />employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term <br />"immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father- <br />in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The <br />term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. <br />10 <br />