Amgt 2018 CDBG CSA Rebuilding Together Oakland East Bay 3472

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assisted construction contracts ehm| take affirmative action to insure fair treatment in employment, upgredinO, demotion or banefer, recruitment or recruitment advertising, layoff or tenninaUon, rates of pey, or other forms of compensation and selection for training and apprenticeship. (2) Women- and Minority -Owned Businesses (W/MBE). Consultant will use its beat efforts to afford minority and women -owned business enterprises the maximum practicable opportunity to participate inthe performance ofthis 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, Spanimh-apeaking. Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Consultant may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Access toRecords. Consultant shall furnish and cause each ofits sub -contractors to furnish all information and reports required hereunder and will permit access to its boohm, records and accounts by City (as grantor of CDBG Funds), HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the ru|em, regulations and provisions stated herein. (4) Notifications. Consultant will send to each labor union or representative of workers with which it has o collective bargaining agreement orother contract Vr undeotanding, a notioe, to be provided by Contract (}fDcer, advising the labor union or worker's representative of Consultant's commitments henaunder, 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 o, advertisements for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or Affirmative Action employer. (8) Subcontract Provisions. Consultant will include the provisions of Paragraphs V||| A. Civil Rights, and 0. Affirmative Action, in every subcontract orpurchase on|er, specifically orby reference, so that such provisions will bebinding upon each subcontractor orvendor. C. Emplovment 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 anlp|oyaas are engaged in activities not covered under the Occupational Safety and Health Act of197O. they shall not be required or permitted to work, be trained, or receive smn/imae in buildings or surroundings or under working conditions which are unsanitmry, hazardous or dangerous to the participants' health or safety. "Section 3" Clause (1) Compliance. Compliance with the provisions ofSection 3of the Housing and Urban Development Act of18G8.aeamended, 12U.G.C.17O1("Geoton3").the regulations set forth in24CFR 135.and all applicable rules and orders issued hereunder prior to the execution of this Agreement and binding upon Chv. Consultant and any sub -contractors. Failure to fu|h|| these requirements shall subject City. Consultant and any sub- contractors, their successors and eeaigns, 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 vvuu|d prevent compliance with these requirements. Consultant further agrees to comply with Section 3 requirements and to include the following language hnall subcontracts executed under this Agreement: ~The work to be performed under this contract in a project assisted under program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and CoaGConsulting Services Agreement