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M <br />Discrimination Act of 1975; Executive Order 11063, as amended by Executive Order <br />12259, and implementing regulations at 24 CFR Part 107; and with Executive Order <br />11246 as amended by Executive Orders 11375, 11478,12086, and 12107. <br />2. Nondiscrimination: The Contractor will not discriminate against any employee or <br />applicant for employment because of race, color, creed, religion, ancestry, national origin, <br />sex, disability or other handicap, age, marital/familial status, or status with regard to public <br />assistance. The Contractor will take affirmative action to insure that all employment <br />practices are free from such discrimination. Such employment practices include but are <br />not limited to the following: hiring, upgrading, demotion, transfer, recruitment or <br />recruitment advertising, layoff, termination, rates of pay or other forms of compensation, <br />and selection for training, including apprenticeship. The Contractor agrees to post in <br />conspicuous places, available to employees and applicants for employment, notices to be <br />provided by the City setting forth the provisions of this nondiscrimination clause. <br />3. Land Covenants: This Agreement is subject to the requirements of Title VI of the Civil <br />Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 602. In regard to the sale, <br />lease, or other transfer of land acquired, cleared or improved with assistance provided <br />under this contract, the Contractor shall cause or require a covenant running with the land <br />to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein <br />defined, in the 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 that the City and the County <br />are beneficiaries of and entitled to enforce such covenants. The Contractor, in <br />undertaking its obligation to carry out the program assisted hereunder, agrees to take <br />such measures as are necessary to enforce such covenant, and will not itself so <br />discriminate. <br />4. Section 504: The Contractor agrees to comply with any Federal regulations issued <br />pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. <br />706), which prohibits discrimination against the handicapped in any Federally assisted <br />program. The City shall provide the Contractor with any guidelines necessary for <br />compliance with that portion of the regulations in force during the term of this Agreement. <br />B. Affirmative Action <br />1. Affirmative Action Plan: The Contractor agrees that it shall be committed to carry out an <br />Affirmative Action Program in keeping with the principles as provided in President's <br />Executive Order 11246 of September 24, 1965. <br />2. W/MBE: The Contractor will use its best efforts to afford minority- and women -owned <br />business enterprises the maximum practicable opportunity to participate in the <br />performance of this Agreement. As used in this Agreement, the term "minority and <br />female business 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 definition, <br />"minority group members" are African Americans, Spanish-speaking, Spanish surnamed <br />or Spanish -heritage Americans, Asian -Americans, and American Indians. The Contractor <br />B-12 <br />65 _ <br />