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(4) Nondiscrimination and Equal Employment Opportunity. During the performance under this
<br />AGREEMENT, the SUBRECIPIENT shall not discriminate against any employee or applicant for
<br />employment based on race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin,
<br />marital status, familial status, sexual orientation, or any other basis prohibited by applicable law.
<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. The requirements in 24 CFR part 5,
<br />subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR
<br />5.105(a). The SUBRECIPIENT shall not discriminate against any participant on the ground of race, color,
<br />creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, familiar status,
<br />sexual orientation, or 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 available to all on
<br />a nondiscriminatory basis. The SUBRECIPIENT must take appropriate steps to ensure effective
<br />communication with persons with disabilities.
<br />(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal
<br />regulations issued pursuant to compliance with the Americans with Disabilities Act which prohibits
<br />discrimination and ensures equal 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 duty to
<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 opportunities for classes protected under
<br />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 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:
<br />(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance
<br />is prohibited in the workplace for any employee involved in a federally funded program.
<br />(2) As an employee working in conjunction with a federally funded program, the employees of the
<br />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 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 notified
<br />within ten days after receiving notice of any such violation.
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