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The SUBRECIPIENT shall take affirmative action to ensure that all applicants <br />and employees are treated without regard to race, color, religion, sex, gender, gender <br />identity, gender expression, medical conditions, genetic information, military or veteran <br />status, age, disability, ancestry, national origin, marital status, familial status, and sexual <br />orientation, or any other basis prohibited by applicable law. <br />(5) Nondiscrimination and Equal Opportunity in Participation. The requirements in <br />24 CFR, Subtitle A Part 5, subpart A are applicable, including the nondiscrimination and <br />equal opportunity requirements at 24 CFR 5.105(a). The SUBRECIPIENT shall not <br />discriminate against any participant on the ground of race, color, religion, sex, age, <br />disability, ancestry, national origin, marital status, familial status, sexual orientation, or <br />any other basis prohibited by applicable law. The SUBRECIPIENT shall, through <br />affirmative outreach, make known that use of the facilities, assistance, and services are <br />available to all on. a nondiscriminatory basis. The SUBRECIPIENT must take appropriate <br />steps to ensure effective communication with persons with disabilities. <br />(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with <br />any federal regulations issued pursuant to compliance with the Americans with <br />Disabilities Act which prohibits discrimination and ensures equal opportunity for persons <br />with disabilities in employment, State and Local government services, and public <br />accommodations. <br />(7) Fair Housing. Under section 808(c)(5) of the Fair Housing Act [42 USC §36081, <br />HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of <br />its funded sub -recipients. The SUBRECIPIENT has a duty to affirmatively further fair <br />housing opportunities for classes 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 <br />CITY in the process of obtaining this award of the ESG Funds. <br />D. Drug Free Work 1p ace <br />The SUBRECIPIENT represents and warrants that it has established the following drug - <br />free workplace policy: <br />(1) The unlawful manufacture, distribution, dispensing, possession, or use of a <br />controlled substance is prohibited in the workplace for any employee involved in a <br />federally funded program. <br />(2) As an employee working in conjunction with a federally funded program, the <br />employees of the SUBRECIPIENT will be required to: <br />a. Abide by the terms above in statement (1), and <br />b. Notify the appropriate SUBRECIPIENT authorities and CITY officials of any <br />criminal drug statute conviction for a violation occurring in the workplace. ,Such <br />notification shall 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 <br />Page 12 of 23 <br />