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into 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 <br /> any improvements erected thereon, providing that the City and the United States <br /> of America are beneficiaries of and entitled to enforce such covenants. The Sub <br /> Recipient, 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 <br /> The Sub Recipient 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. <br /> 706) which prohibits discrimination against the handicapped in any federally <br /> assisted program. The City shall provide the Sub Recipient with any guideline <br /> necessary for compliance with that portion of the regulations in force during the <br /> term of this contract. <br /> B. Affirmative Action <br /> 1. Approved Plan <br /> The Sub Recipient agrees that it shall be committed to carry out pursuant to the <br /> City's specifications an Affirmative Action Program in keeping with the <br /> principles as provided in President's Executive Order 11246 of September 24, <br /> 1965. The City shall provide its Affirmative Action guidelines for assistance in <br /> setting up such a program if Sub Recipient does not already have a plan in place. <br /> The Sub Recipient shall submit a plan for an Affirmative Action Program for <br /> approval prior to the award of funds. <br /> 2. MBE/WBE <br /> The Sub Recipient 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 contract. As used in the contract, the term "minority and <br /> female business enterprise" means a business at least fifty-one percent (51%) <br /> owned and controlled by minority group members or women. For the purpose of <br /> this definition, "minority group members" are African-Americans, Spanish- <br /> speaking, Spanish surnamed or Spanish-heritage Americans, Asian Americans, <br /> and American Indians. The Sub Recipient may rely on written representations by <br /> Sub Recipients regarding their status as minority and female business enterprises <br /> in lieu of an independent investigation. <br /> 3. Access to Records <br /> The Sub Recipient shall furnish and cause each of its Sub Recipients to furnish all <br /> information and reports required hereunder and will permit access to its books, <br /> records and accounts by the City, or other authorized officials for purposes of <br /> Sub Recipient Agreement(Rev. 3/1/16) Page 10 of 16 <br />