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Exhibit D - 8 <br />providing that the City and the United States are beneficiaries of and entitled to enforce such <br />covenants. The Service Provider, in undertaking its obligation to carry out the program assisted <br />hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not <br />itself so discriminate. <br /> <br />4. Section 504: The Service Provider agrees to comply with any Federal regulations issued pursuant <br />to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706), which prohibits <br />discrimination against the handicapped in any Federally assisted program. The City shall provide <br />the Service Provider with any guidelines necessary for compliance with that portion of the <br />regulations in force during the term of this Agreement <br /> <br />B. Affirmative Action <br /> <br />1. Affirmative Action Plan: The Service Provider agrees that it shall be committed to carry out an <br />Affirmative Action Program in keeping with the principles as provided in President's Executive <br />Order 11246 of September 24, 1965. <br /> <br />2. Women and Minority Owned Businesses W/MBE: The Service Provider will use its best efforts to <br />afford minority- and women-owned business enterprises the maximum practicable opportunity <br />to participate in the performance of this Agreement. As used in this Agreement, the terms “small <br />business” means a 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 enterprise" means a <br />business at least fifty-one (51) percent owned and controlled by minority group members or <br />women. For the purpose of this definition, "minority group members" are Afro-Americans, <br />Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian Americans, and <br />American Indians. The Service Provider may rely on written representations by businesses <br />regarding their status as minority and female business enterprises in lieu of an independent <br />investigation. <br /> <br />3. Access to Records: The Service Provider shall furnish and cause each of its own contractors or <br />subcontractors to furnish all information and reports required hereunder and will permit access <br />to its books, records and accounts by the City, HUD or its agent, or other authorized Federal <br />officials for purposes of investigation to ascertain compliance with the rules, regulations and <br />provisions stated herein. <br /> <br />4. Notifications: The Service Provider will send to each labor union or representative of workers <br />with which it has a collective bargaining Agreement or other contract or understanding, a notice, <br />to be provided by the agency contracting officer, advising the labor union or worker's <br />representative of the Service Provider 's commitments hereunder, and shall post copies of the <br />notice in conspicuous places available to employees and applicants for employment. <br /> <br />5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Service <br />Provider will, in all solicitations or advertisements for employees placed by or on behalf of the <br />Service Provider, state that it is an Equal Opportunity or Affirmative Action employer. The Service