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and executive orders referenced in 24 CFR 570.607, as revised by Executive <br /> Order 13279. The applicable non-discrimination provisions in Section 109 of <br /> the HCDA are still applicable. <br /> 3. Land Covenants: This Agreement is subject to the requirements of Title VI of <br /> the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 602. In <br /> regard to the sale, lease, or other transfer of land acquired, cleared or improved <br /> with assistance provided under this contract, the Subrecipient shall cause or <br /> require a covenant running with the land to be inserted in the deed or lease for <br /> such transfer, prohibiting discrimination as herein defined, in the sale, lease or <br /> rental, or in the use or occupancy of such land, or in any improvements erected <br /> or to be erected thereon, providing that the City and the United States are <br /> beneficiaries of and entitled to enforce such covenants. The Subrecipient, in <br /> undertaking its obligation to carry out the program assisted hereunder, agrees <br /> to take such measures as are necessary to enforce such covenant, and will not <br /> itself so discriminate. <br /> 4. Section 504: The Subrecipient agrees to comply with any Federal regulations <br /> issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 <br /> (29 U.S.C. 706), which prohibits discrimination against the handicapped in any <br /> Federally assisted program. The City shall provide the Subrecipient with any <br /> guidelines necessary for compliance with that portion of the regulations in force <br /> during the term of this Agreement. <br /> B. Affirmative Action <br /> 1. Affirmative Action Plan: The Subrecipient agrees that it shall be committed to <br /> carry out an Affirmative Action Program in keeping with the principles as <br /> provided in President's Executive Order 11246 of September 24, 1965. <br /> 2. Women and Minority Owned Businesses W/MBE: The Subrecipient will use its <br /> best efforts to afford minority- and women-owned business enterprises the <br /> maximum practicable opportunity to participate in the performance of this <br /> Agreement. As used in this contract, the terms "small business" means a <br /> business that meets the criteria set forth in section 3(a) of the Small Business <br /> Act, as amended (15 U.S.C. 632), and "minority and women's business <br /> enterprise" means a business at least fifty-one (51) percent owned and <br /> controlled by minority group members or women. For the purpose of this <br /> definition, "minority group members" are Afro-Americans, Spanish-speaking, <br /> Spanish surnamed or Spanish-heritage Americans, Asian Americans, and <br /> American Indians. The Subgrantee may rely on written representations by <br /> businesses regarding their status as minority and female business enterprises <br /> in lieu of an independent investigation. <br />