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5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of <br />1973, which requires that no otherwise qualified individual with a disability in the United States, shall, <br />solely by reason of his or her disability, be excluded from the participation in, be denied the benefits <br />of, or be subjected to discrimination under any program or activity receiving federal financial <br />assistance or under any program or activity conducted by any executive agency or by the United <br />States Postal Service. <br />B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24 <br />CFR 570.611 and 2 CFR 200.11,2, SUBRECIPIENT certifies that no member, officer, employee, <br />agent or assignee of CITY having direct or indirect control of any ERA2 Funds granted to the CITY, <br />inclusive of the subject ERA2 Funds, shall serve as an officer of SUBRECIPIENT. Further, any <br />conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in <br />writing prior to the execution of this Agreement and said writing shall be attached and deemed fully <br />incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any <br />changes or modifications to its board of directors 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 <br />SUBRECIPIENT shall provide with ERA2 Funds, in accordance with 24 CFR 570.2006): <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 <br />to persons on the basis of religion. <br />2. SUBRECIPIENT shall not discriminate against any person applying for the <br />services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion <br />and shall not limit such services or give preference to applicants for such services on the basis of <br />religion. <br />3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct <br />any religious worship or services, or engage in any religious proselytizing, or exert any religious <br />influence in the provision of the services in said program. The parties agree that this covenant is <br />intended to and shall be construed for the limited purpose of assuring compliance with respect to the <br />use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the <br />establishment of religion as set forth in the establishment clause under the First Amendment of the <br />United States Constitution and Article I, Section 4 of the California Constitution, and is not in any <br />manner intended to restrict other activities of SUBRECIPIENT. <br />4. The portion of a facility used to provide public services assisted in whole or in part <br />under this Agreement shall contain no sectarian or religious symbols. <br />5. Where the services to be provided under said program are rendered on property <br />owned by the primarily religious entity SUBRECIPIENT, ERA2 Funds may also be used for minor <br />repairs to such property, which are directly related to the cost of rendering the services under said <br />12 <br />