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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(x). 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 />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. <br />(4) Within thirty (30) days of receiving such notice, appropriate personnel action will be taken <br />against such employee, up to and including termination. <br />(5) Each such employee shall be required to participate satisfactorily in a drug abuse assistance or <br />