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b. Affirmative Action
<br /> (1) EO 11246. The Subrecipient, if applicable, will comply with Executive Order 11246,
<br /> as amended by Executive Order 12086, and the regulations issued pursuant thereto (41 CFR Chapter 60) which
<br /> provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in
<br /> all phases of employment during the performance of federal or federally assisted construction contracts. As
<br /> specified in Executive Order 11246 and the implementing regulations, contractors, and subcontractors on federal or
<br /> federally assisted construction contracts shall take affirmative action to insure fair treatment in employment,
<br /> upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other
<br /> forms of compensation and selection for training and apprenticeship.
<br /> (2) Women- and Minority-Owned Businesses (W/MBE). The Subrecipient will use its
<br /> best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to
<br /> participate in the performance of this contract. As used in this contract, the term "minority and female business
<br /> enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or
<br /> women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking,
<br /> Spanish surnamed or Spanish-heritage Americans,Asian-Americans, and American Indians. The Subrecipient may
<br /> rely on written representations by Subrecipients regarding their status as minority and female business enterprises
<br /> in lieu of an independent investigation.
<br /> (3) Access to Records. The Subrecipient shall furnish and cause each of its sub-
<br /> subrecipients to furnish all information and reports required hereunder and will permit access to its books, records
<br /> and accounts by the Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to
<br /> ascertain compliance with the rules, regulations and provisions stated herein.
<br /> (4) Notifications. The Subrecipient will send to each labor union or representative of
<br /> workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be
<br /> provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's
<br /> commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and
<br /> applicants for employment.
<br /> (5) EEO/AA Statement. The Subrecipient will, in all solicitations or advertisements for
<br /> employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action
<br /> employer.
<br /> (6) Subcontract Provisions. The Subrecipient will include the provisions of Paragraphs
<br /> VIII A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so
<br /> that such provisions will be binding upon each sub-Subrecipient or vendor.
<br /> c. Employment Restrictions
<br /> (1) Prohibited Activity. The Subrecipient is prohibited from using funds provided herein
<br /> or personnel employed in the administration of the program for political activities; sectarian or religious activities;
<br /> lobbying, political patronage, and nepotism activities.
<br /> (2) OSHA. Where employees are engaged in activities not covered under the
<br /> Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive
<br /> services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to
<br /> the participants' health or safety.
<br /> d. "Section 3" Clause
<br /> (1) Compliance. Compliance with the provisions of Section 3, the regulations set forth
<br /> in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract and
<br /> binding upon the City of San Leandro, the Subrecipient and any sub-Subrecipients. Failure to fulfill these
<br /> requirements shall subject the City of San Leandro, the Subrecipient and any sub-Subrecipients, their successors
<br /> -3—
<br /> CDBG Agreement with ECHO Housing—
<br /> Fair Housing Services FY14-15
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