|
M. Provisions Required by Law Deemed Inserted,
<br />Each and every provision of law and clause required by law to be inserted in this AGREEMENT shall be
<br />deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were
<br />included herein, and if through mistake or otherwise any such provision is not inserted or correctly
<br />inserted, then upon the application of either party the contract shall forthwith be physically amended to
<br />make such insertion or correction.
<br />VI. ASSURANCES AND CERTIFICATIONS
<br />A. Non - Profit Status
<br />The SUBRECIPIENT certifies that:
<br />(1) The SUBRECIPIENT is a duly organized and existing non - profit corporation in good standing
<br />and authorized to do business under the laws of the State of California and in possession of required non-
<br />profit status under the United States Internal Revenue Code (for example, 26 USC § 501(c)(3). The
<br />SUBRECIPIENT has full right, power, and lawful authority to accept the funding hereunder and to
<br />undertake all obligations as provided herein and the execution, performance, and delivery of this
<br />AGREEMENT by the SUBRECIPIENT has been fully authorized by all requisite actions on the part of
<br />the SUBRECIPIENT.
<br />(2) If the SUBRECIPIENT's non - profit status changes at anytime during this AGREEMENT, it will
<br />advise the CITY within fifteen (15) days.
<br />(3) If the SUBRECIPIENT is a private non - profit, it hereby agrees that the members of its Board of
<br />Directors will receive no compensation, directly or indirectly, other than reimbursement for expenses,
<br />from any fiords generated from or because of the ESG program, for their services.
<br />(4) As a non - profit, the SUBRECIPIENT acknowledges that administration of its operation and
<br />services are subject to the requirements as established in 24 CFR Part 84.
<br />B. Adherence to Federal, State, and Local Laws and Regulations
<br />(1) General. The SUBRECIPIENT agrees to comply with all requirements of the ESG program and
<br />applicable cross - cutting Federal, State, and Local requirements.
<br />(2) Economic Opportunities for Low- and Very Low- income Persons. The SUBRECIPIENT shall
<br />ensure that employment and other economic opportunities generated by the Program shall, to the greatest
<br />extent feasible, be directed to low- and very low - income persons, particularly those who are recipients of
<br />government assistance for housing. Section 3 of the Housing and Urban Development Act of 1968, 12
<br />U.S.C. 1701u, and regulations at 24 CFR part 135 apply, except that homeless individuals have priority
<br />over other Section 3 residents in accordance with § 576.405(c),
<br />(3) Civil Rights. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of
<br />1964, as amended, Title VIII of the Civil Rights Act of 1968, as amended, Section 109 of the Title I of the
<br />Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the
<br />Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and 41 CFR Chapter 60.
<br />(4) Nondiscrimination and Equal Employment Opportunity. During the performance of this contract,
<br />the SUBRECIPIENT agrees to not discriminate against any employee or applicant for employment based
<br />on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status,
<br />familial status, sexual orientation, or any other basis prohibited by applicable law.
<br />25G -12
<br />
|