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based 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 />The SUBRECIPIENT shall take affirmative action to ensure that all applicants and employees are treated without <br />regard to race, color, creed, religion, sex, age, handicap, disability, ancestry, national origin, marital status, <br />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, subpart A <br />are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). The <br />SUBRECIPIENT shall not discriminate against any participant on the ground of race, color, creed, religion, sex, <br />age, handicap, disability, ancestry, national origin, marital status, familiar status, sexual orientation, or any other <br />basis prohibited by applicable law. The SUBRECIPIENT shall, through affirmative outreach, make known that <br />use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. The <br />SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities. <br />(6) Americans with Disabilities Act. The SUBRECIPIENT agrees to comply with any federal regulations <br />issued pursuant to compliance with the Americans with Disabilities Act which prohibits discrimination and <br />ensures equal opportunity for persons with disabilities in employment, State and Local government services, and <br />public accommodations. <br />(7) Fair Housing. Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively <br />further fair housing. HUD requires the same of its funded sub - recipients. The SUBRECIPIENT has a duty to <br />affirmatively farther fair 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 CITY in the process of <br />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 policy: <br />(1) The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is <br />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 drug <br />statute conviction for a violation occurring in the workplace. Such notification shall be made no <br />later than five (5) days after conviction. <br />(3) The CITY and the United States Department of Housing and Urban Development will be notified within <br />10 <br />