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(4) Nondiscrimination and Equal Employment Opportunity. During the performance under <br />this AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or <br />applicant for employment based on race, color, religion, sex, age, disability, ancestry, national <br />origin, marital status, familial status, sexual orientation, or any other basis prohibited by <br />applicable law. <br />The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are <br />treated without regard to race, color, religion, sex, age, disability, ancestry, national origin, <br />marital status, familial status, and sexual orientation, and any other basis as required by <br />applicable law. <br />The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal <br />Employment Opportunity, as amended by Executive Orders 11375 and 12086. <br />(5) Nondiscrimination and Equal Opportunity in Participation. The requirements in 24 CFR <br />Subtitle A, Part 5, subpart A are applicable, including the nondiscrimination and equal <br />opportunity requirements at 24 CPR 5.105(a). The SUBRECIPIENT shall not discriminate <br />against any participant on the ground of race, color, religion, sex, age, disability, ancestry, <br />national origin, marital status, familiar status, sexual orientation, or any other basis prohibited by <br />applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that use <br />of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The <br />SUBRECIPIENT must take appropriate steps to ensure effective communication with persons <br />with disabilities. <br />(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any <br />federal regulations issued pursuant to compliance with the Americans with Disabilities Act which <br />prohibits discrimination and ensures equal opportunity for persons with disabilities in <br />employment, State and Local government services, and public accommodations. <br />(7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty <br />to affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The <br />SUBRECIPIENT has a duty to affirmatively further fair housing opportunities for classes <br />protected under the Fair Housing Act. <br />C. Falsification of Information <br />The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in <br />the process of obtaining this award of the ESG-CV Funds. <br />D. Drue Free Worknlace <br />The SUBRECIPIENT represents and warrants that it has established the following drug -free <br />workplace policy: <br />(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled <br />substance is prohibited in the workplace for any employee involved in a federally funded <br />program. <br />(2) As an employee working in conjunction with a federally funded program, the employees <br />of the SUBRECIPIENT will be required to: <br />