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(4) Nondiscrimination and Equal Employment Opportunity. During the Performan <br />AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or a under this <br />employment based on race, color, creed, religion, sex, age, handicap, disability,ancestryapplicant for <br />marital status, familial status, sexual orientation, or any other basis prohibited by applicable�lawi�a[ origin, <br />The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated <br />Without regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, <br />marital status, familial status, and sexual orientation, <br />The SUBRECIPIENT shall comply with all provisions of Executive Order 11246, Equal Employment <br />Opportunity, as amended by Executive Orders 11375 and 12086. <br />(5) Nondiscrimination and Equal Opportunity in participation. <br />, including The requirements in 24 CFR art 5 <br />subpart A are applicablethe nondiscrimination and equal o <br />5.105(a). The SUBRECIPIENT shall not discriminate against any opportunity requirements at 24 CFR <br />creed, religion, sex, age, handicap, disabilityg Y participant on the ground of race, color, <br />sexual orientation, or any other basis prohibitedbyapplicable slaw. Tile al 1SUBRECIPIENT shall, through <br />status, <br />affirmative outreach, make known that use of the facilities, assistance, and services are available to all on <br />a nondiscriminatory basis. The SUBRECIPIENT must take a through <br />communication with persons with disabilities. appropriate stops to ensure effective <br />(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits <br />discrimination and ensures equal o p Y with any federal <br />q opportunity for persons with disabilities in employment, State and Local <br />government services, and public accommodations, <br />(7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory <br />affirmatively further fair housing. HUD requires the same of its funded sub -recipients. The <br />SUBRECIPIENT has a duty to affirmatively further fair housing oduty to <br />the Fair Housing Act. g Opportunities for classes protected under <br />C. Falsification of Information <br />The SUBRECIPIENT represents and warrants that it has made no false statements to the CITY in the <br />process of obtaining this award of the ESG Funds. <br />D. Drug Free Workplace <br />The SUBRECIPIENT represents and warrants that it has established the following drug -free workplace <br />policy: p <br />(1) The unlawful manufacture, distribution, dispensing, possession, or use of <br />is prohibited in the workplace for any employee involved e ifederally funded program a controlled substance <br />(Z) As an employee working in conjunction with a federally funded program, the employees of <br />SUBRECIPIENT will he required to:the <br />a• Abide by the terms above in statement (1), and <br />b• Notify the appropriate SUBRECIPIENT authorities and CITY officials of any criminal <br />drug statute conviction for a violation occurring in the workplace. Such notification shall <br />be made no later than five (5) days after conviction. <br />(3) The CITY and the United States .Department of Housing and Urban Development will be noti <br />within ten days after receiving notice of any such violation, led <br />9 <br />