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assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, <br />demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of <br />compensation and selection for training and apprenticeship. (2) Women- and Minority-Owned Businesses (W/MBE). Consultant will use its best efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "minority and female business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Consultant may rely on written <br />representations by businesses regarding their status as minority and female business enterprises in lieu of an <br />independent investigation. <br /> <br /> (3) Access to Records. Consultant shall furnish and cause each of its sub-contractors to <br />furnish all information and reports required hereunder and will permit access to its books, records and accounts by <br />City (as grantor of CDBG Funds), HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. <br /> (4) Notifications. Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by Contract Officer, advising the labor union or worker's representative of Consultant's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) EEO/AA Statement. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or Affirmative Action employer. <br /> <br /> (6) Subcontract Provisions. Consultant will include the provisions of Paragraphs VIII A, <br />Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that <br />such provisions will be binding upon each subcontractor or vendor. <br /> <br />c. Employment Restrictions (1) Prohibited Activity. Consultant is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. (2) OSHA. Where employees are engaged in activities not covered under the 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 /> <br /> d. "Section 3" Clause <br /> (1) Compliance. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (“Section 3”), the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement and binding upon City, Consultant and any sub-contractors. Failure to fulfill these requirements shall subject City, Consultant and any sub-contractors, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. Consultant certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. <br />Consultant further agrees to comply with Section 3 requirements and to include the following language in all <br />subcontracts executed under this Agreement: <br /> <br />“The work to be performed under this contract is a project assisted under a program providing direct <br />federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and <br />428