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improved with assistance provided u nderth is contract, the Subrecipientshall <br /> cause or require a covenant running with the land to be inserted in the deed <br /> or lease for such transfer, prohibiting discrimination as herein defined, in the <br /> sale, lease or rental, or in the use or occupancy of such land,or in any <br /> improvements erected or to be erected thereon, providing thatthe City and <br /> the United States are beneficiaries of and entitled to enforce such covenants. <br /> The Subrecipient, in undertaking its obligation to carry out the program <br /> assisted hereunder, agrees to take such measures as are necessary to <br /> enforce such covenant,and will not itself so discriminate. <br /> 4. Section 504: The Subrecipient agrees to comply with any Federal <br /> regulations issued pursu ant to compliance with Section 504 of the <br /> Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits discrimination <br /> againstthe handicapped in any Federally assisted program. The City shall <br /> provide the Su brecipient with any guidelines necessary for compliance with <br /> that portion of the regulations in force during the term of this Agreement. <br /> B. Affirmative Action <br /> 1. Affirmative Action Plan: The Su brecipient agrees that it shall be committed <br /> to 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 Subrecipientwill use <br /> its best efforts to afford minority- and women-owned business enterprises <br /> the 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 <br /> Business Act,as amended (15 U.S.C. 632), and "minority and women's <br /> business enterprise" means a business at least fifty-one (51) percent owned <br /> and controlled by minority group members or women. For the purpose of <br /> this definition,"minority group members" are Afro-Americans, Spanish- <br /> speaking,Spanish surnamed or Spanish-heritage Americans,Asian <br /> Americans, and American Indians. The Subgrantee may rely on written <br /> representations by businesses regarding their status as minority and female <br /> business enterprises in lieu of an independent investigation. <br /> 3. Access to Records: The Subgrantee shall furnish and cause each of its own <br /> contractors or subcontractors to furnish all information and reports required <br /> hereunder and will permit access to its books, records and accounts by the <br /> City, HUD or its agent, or other authorized Federal officials for purposes of <br /> investigation to ascertain compliance with the rules, regulations and <br /> provisions stated herein. <br /> 4. Notifications: The Subgrantee will send to each labor union or <br /> representative of workers with which it has a collective bargaining <br /> Agreement or other contract or understanding,a notice, to be provided by <br />