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against handicapped persons who would otherwise qualify to
<br />participate in the Program and, where applicable, the Age
<br />Discrimination Act of 1975, as amended, which prohibits
<br />discrimination on the basis of age.
<br />D. Unwed parents, families with children born out of wedlock,
<br />and recipients of public assistance shall not be excluded from
<br />participation in or be denied the benefit of the Program
<br />because of such status.
<br />2.10. Equal Employment Opportunity.
<br />A. The FHA shall not discriminate against any employee or
<br />applicant for employment because of race, color, creed,
<br />religion, sex, handicap or national origin. The PHA shall take
<br />affirmative action to ensure that applicants are employed, and
<br />that employees are treated during employment, without regard
<br />to race, color, creed, religion, sex, handicap or national origin.
<br />Such action shall include, but not be limited to, the following:
<br />employment, upgrading, demotion, or transfer; recruitment or
<br />recruitment advertising layoff or termination; rates of pay or
<br />other forms of compensation; and selection for training,
<br />including apprenticeship.
<br />B. The PHA agrees to post in conspicuous places, available to
<br />employees and applicants for employment, notices to be
<br />provided by HUD setting forth the provisions of this
<br />nondiscrimination clause. The PHA will in all solicitations or
<br />advertisements for employees placed by or on behalf of the
<br />PHA state that all qualified applicants will receive
<br />consideration for employment without regard to race, color,
<br />creed, religion, sex, handicap or national origin. The PHA
<br />will incorporate the foregoing requirements of this paragraph
<br />in all of its contracts for project work, except contracts for
<br />standard commercial supplies or raw materials, and will
<br />require all of its contractors for such work to incorporate such
<br />requirements in all subcontracts for project work.
<br />2.11. Training, Employment, and Contracting
<br />Opportunities for Business and Lower Income
<br />Persons.
<br />The PHA shall comply with Section 3 of the Housing and
<br />Urban Development Act of 1968 and HUD regulations. To
<br />the greatest extent feasible, employment and training
<br />opportunities in connection with planning and carrying out
<br />any project assisted under the Program shall be given to lower
<br />income persons residing within the unit of local government
<br />ar the metropolitan area (or nonmetropolitan county), as
<br />determined by HUD, in which the project is located, and
<br />contracts for work to be performed in connection with any
<br />project shall be awarded to business fonts which are located in
<br />Of owned in substantial part by persons residing in the same
<br />metropolitan area (or nonmetropolitan county) as the project.
<br />2.12. Cooperation in Equal Opportunity
<br />Compliance Reviews.
<br />The PHA shall cooperate with HUD in conducting
<br />compliance reviews and complaint investigations pursuant to
<br />applicable civil rights statutes, Executive Orders, and related
<br />rules and regulations.
<br />2.13. Conflict of Interest Provisions.
<br />A. Neither the PHA nor any of its contractors or their
<br />subcontractors shall enter into any contract, subcontract, or
<br />arrangement, in connection with the Program in which any of
<br />the following classes of persons has an interest, direct or
<br />indirect, during tenure or for one year thereafter.
<br />1. Any present or former member or officer of the PHA
<br />(except a tenant commissioner).
<br />2. Any employee of the PHA who formulates policy or
<br />who influences decisions with respect to the Program.
<br />I Any public official, member of a governing body, or
<br />State or local legislator who exercises functions or
<br />responsibilities with respect to the Program.
<br />B. Any members of the classes described in paragraph A must
<br />disclose their interest or prospective interest to the PHA and
<br />HUD.
<br />C. The requirements of section 2.13A may be waived by HUD
<br />for good cause. No person to whom a waiver is granted shall
<br />be permitted (in the capacity as member of a class described in
<br />section 2.13.A) to exercise responsibilities or functions with
<br />respect to a contract for housing assistance payments
<br />executed, or to be executed, on his or her behalf, or with
<br />respect to a contract for housing assistance payments to which
<br />this person is a party.
<br />D. The provisions of section 2.13.A, section 2.13.11 and section
<br />2.13.0 shall not be applicable to the Depositary Agreement, or
<br />to utility service the rates for which are fixed or controlled by
<br />a govenunentai agency.
<br />2.14. Interest of Member of or Delegate to Congress
<br />No member of or delegate to the Congress of the United States
<br />of America or resident commissioner shall be admitted to any
<br />share or part of this ACC or to any benefits which may arise
<br />from it.
<br />2.15. Exclusion of Third Party Rights.
<br />Nothing in the ACC shall be construed as creating any right of
<br />any third party to enforce any provision of this ACC, or to
<br />assert any claim against HUD or the PHA under this ACC.
<br />Pap 3 of 3 fora, HUD-52520-E
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