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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 <br /> improved with assistance provided under this contract, the Subrecipient shall <br /> cause or require a covenant running with the land to be inserted in the deed or <br /> lease for such transfer, prohibiting discrimination as herein defined, in the sale, <br /> lease or rental, or in the use or occupancy of such land, or in any <br /> improvements erected or to be erected thereon, providing that the City and the <br /> United States are beneficiaries of and entitled to enforce such covenants. The <br /> Subrecipient, in undertaking its obligation to carry out the program assisted <br /> hereunder, agrees to take such measures as are necessary to enforce such <br /> covenant, and will not 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 <br /> 1973 (29 U.S.C. 706), which prohibits discrimination against the handicapped <br /> in any Federally assisted program. The City shall provide the Subrecipient <br /> with any guidelines necessary for compliance with that portion of the <br /> regulations in force 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 <br /> its 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 African 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 />