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of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after
<br /> expiration of this Agreement (or such Ionger period of time as the City deems appropriate). If
<br /> Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National
<br /> Objective for the prescribed period of time, Subrecipient shall pay City an amount equal to the
<br /> current fair market value of the property less any portion of the value attributable to expenditures
<br /> of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall
<br /> constitute program income to City. Subrecipient may retain real property acquired or improved
<br /> under this Agreement after the expiration of the five-year period (or such longer period of time
<br /> as City deems appropriate).
<br /> C. In all cases in which equipment acquired, in whole or in part, with funds under
<br /> this Agreement is sold, the proceeds shall be Program income (prorated to reflect the extent to
<br /> that funds received under this Agreement were used to acquire the equipment). Equipment not
<br /> needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City
<br /> (an amount equal to the current fair market value of the equipment less the percentage of non-
<br /> CDBG funds used to acquire the equipment).
<br /> Section 9. Non-Discrimination.
<br /> A. Subrecipient shall comply with Executive Order 11246 which requires that during
<br /> the performance of this Agreement, and Subrecipient shall not discriminate against any
<br /> employee or applicant for employment because of race, religion, sex, color or national origin.
<br /> Such action shall include, but not be limited to the following: employment, upgrading, demotion,
<br /> or transfer, rates of pay or other forms of compensation, and selection for training, including
<br /> apprenticeship. Subrecipient shall post in conspicuous places, available to employees and
<br /> applicants for employment, notices to be provided by and Subrecipient setting forth the
<br /> provisions of this nondiscrimination clause.
<br /> B. Subrecipient shall comply with Title VI of the Civil Rights Act of 1964 as
<br /> amended which provides that no person shall, on the ground of race, color or national origin, be
<br /> excluded from participation in, be denied the benefits of, or be subject to discrimination under
<br /> any program of activity receiving federal financial assistance.
<br /> C. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
<br /> national origin, age, sexual orientation, or physical or mental handicap be excluded from
<br /> participation in, be refused the benefits of, or otherwise be subject to discrimination in any
<br /> activities, programs or employment supported by this Agreement. Sub-recipient is prohibited
<br /> from discrimination on the basis of age or with respect to an otherwise qualified handicapped
<br /> person as provided for under Section 109 of the Housing and Community Development Act of
<br /> 1974, as amended.
<br /> D. Subrecipient shall comply with the Age Discrimination Act of 1975 which
<br /> requires that, during the performance of this Agreement, and Subrecipient shall not discriminate
<br /> against any employee or applicant for employment because of age. Such action shall include,
<br /> but not be Iimited to the following: employment upgrading, demotion, or transfer, rates of pay or
<br /> other forms of compensation, and selection for training, including apprenticeship. Subrecipient
<br /> shall post in conspicuous places, available to employees and applicants for employment, notices
<br /> to be provided by Subrecipient setting forth the provisions of this age discrimination clause.
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