Civil Rights Certificate Form

Civil Rights Certificate Form

This Civil Rights Certificate ("Certificate") is executed as of Effective Date: by and between Client Name: with principal address: ("Client") and Recipient Name: with principal address: ("Recipient").

RECITALS

WHEREAS, Client is providing financial assistance, benefits, or other support in connection with the Project described as: and Recipient will be a direct recipient or subrecipient in connection with such assistance; and

WHEREAS, as a condition of receiving such assistance, Client requires Recipient to certify compliance with applicable civil rights laws, nondiscrimination obligations, and reasonable accommodation duties with respect to employees, applicants, beneficiaries, and program participants; and

WHEREAS, Recipient has authority to make the representations and warranties herein and agrees to undertake the compliance obligations set forth in this Certificate.

NOW, THEREFORE

In consideration of the assistance described above and other good and valuable consideration, the parties agree as follows:

1. Certification of Nondiscrimination

1.1 Recipient certifies that it does not and will not, on the grounds of race, color, national origin, religion, sex (including pregnancy, sexual orientation, and gender identity), age, disability, or other protected characteristic, directly or through contractual arrangements, exclude from participation, deny benefits to, or otherwise discriminate against any person in the administration of its programs, services, or activities funded in whole or in part by Client.

1.2 Recipient further certifies that it will comply with all applicable civil rights statutes and regulations prohibiting discrimination, including obligations to provide reasonable accommodation or modification for persons with disabilities, to ensure meaningful access for persons with limited English proficiency, and to maintain and implement nondiscrimination policies and procedures appropriate to its size and operations.

2. Specific Assurances and Accessible Services

2.1 Recipient affirms the following specific assurances: it will (a) post and distribute nondiscrimination notices to program participants and employees where reasonable; (b) adopt complaint procedures for allegations of discrimination; and (c) designate a person or office responsible for civil rights compliance.

2.2 Recipient will take reasonable steps to ensure effective communication with individuals with disabilities and with limited English proficiency, including use of auxiliary aids and services or language assistance, unless doing so would result in undue financial and administrative burdens or a fundamental alteration of the program.

2.3 Protections claimed by Recipient for bona fide occupational qualifications, safety concerns, or other limited exceptions shall be narrowly construed and must be documented and provided to Client upon request.

3. Compliance, Monitoring, and Records

3.1 Recipient shall maintain such records as are necessary to demonstrate compliance with this Certificate, including but not limited to personnel records, participant rosters, accommodation requests and responses, nondiscrimination notices, complaint logs, and related documentation for a period of not less than three (3) years after final performance or longer if required by applicable law.

3.2 Upon reasonable notice, Recipient shall permit Client, or its authorized representative, to inspect records, interview personnel and participants, and observe sites and operations to verify compliance. Recipient agrees to cooperate in any investigation of alleged discrimination and to implement corrective actions identified by Client as necessary to cure noncompliance.

4. Training and Notices

4.1 Recipient shall ensure that employees and contractors who perform work under the Project receive training on nondiscrimination obligations appropriate to their responsibilities. Recipient shall keep records of training content, attendees, and dates and shall provide such records to Client upon request.

4.2 Recipient shall notify applicants, participants, beneficiaries, employees, and potential beneficiaries of the availability of services and of their rights under applicable civil rights laws in languages and formats appropriate to the populations served.

5. Remedies, Indemnity and Withholding

5.1 A material breach of this Certificate, including a failure to take corrective action after notice, shall entitle Client to pursue remedies including but not limited to withholding further disbursements, suspension or termination of assistance, recovery of funds, and pursuit of equitable relief. Such remedies shall be cumulative and not exclusive.

5.2 Recipient agrees to indemnify, defend, and hold harmless Client from any claims, damages, losses, liabilities, or costs (including reasonable attorneys' fees) arising out of Recipient's breach of this Certificate or its failure to comply with applicable civil rights obligations, except to the extent caused by Client's gross negligence or willful misconduct.

6. Representations and Warranties

6.1 Recipient represents and warrants that it is duly organized and validly existing under the laws of its jurisdiction, has full power and authority to execute and deliver this Certificate and to perform its obligations hereunder, and that the execution and delivery of this Certificate has been duly authorized by all necessary corporate or other action.

6.2 Recipient further represents that its nondiscrimination policies are in effect and available to employees and participants upon request, and that no pending litigation or enforcement proceeding exists that would materially impair Recipient's ability to perform its obligations hereunder, except as disclosed in writing to Client.

7. Notices

7.1 All notices required or permitted under this Certificate shall be in writing and delivered to the designated contacts below by personal delivery, nationally recognized overnight courier, or first-class postal mail, or by electronic mail where the parties have agreed in writing to that method. Notice is effective upon receipt.

8. Amendments, Waiver and Counterparts

8.1 No amendment, modification, or waiver of any provision of this Certificate shall be effective unless made in a written instrument signed by the party against whom enforcement is sought. The waiver by any party of a breach of any provision shall not operate or be construed as a waiver of any subsequent breach.

8.2 This Certificate may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall have the same force and effect as original signatures.

9. Governing Law; Entire Agreement; Severability

9.1 Governing Law. This Certificate shall be governed by and construed in accordance with the laws of the state identified here: without regard to conflict of laws principles.

9.2 Entire Agreement. This Certificate constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.

9.3 Severability. If any provision of this Certificate is held to be invalid, illegal, or unenforceable in any respect, the remainder of this Certificate shall remain in full force and effect and shall be construed so as to effectuate the intent of the parties as nearly as possible.

ACKNOWLEDGMENTS

The undersigned representative of Recipient certifies, under penalty of perjury, that the foregoing statements are true and correct to the best of such representative's knowledge and that the representative is authorized to execute this Certificate on behalf of Recipient. Recipient acknowledges that falsification of certifications or failure to comply with civil rights obligations may result in enforcement action, including recovery of funds and termination of assistance.

CERTIFICATION OF NONDISCRIMINATION (CHECK ALL THAT APPLY)

Race Color National Origin Religion Sex (including pregnancy, sexual orientation, and gender identity) Disability Age Other (specify):

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