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- 3 <br /> <br />CDBG Agreement with Rebuilding Together Oakland | East Bay – FY2019-2020 <br />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. <br /> <br /> (2) Women- and Minority-Owned Businesses (W/MBE). Consultant will use its best <br />efforts to afford minority and women-owned business enterprises the maximum practicable opportunity to participate <br />in the performance of this Agreement. As used in this Agreement, the term "minority and female business enterprise" <br />means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the <br />purposes of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or <br />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 <br />to ascertain compliance with the rules, regulations and provisions stated herein. <br /> <br /> (4) Notifications. Consultant will send to each labor union or representative of workers <br />with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by <br />Contract Officer, advising the labor union or worker's representative of Consultant's commitments hereunder, and <br />shall post copies of the notice in conspicuous places available to employees and applicants for employment. <br /> <br /> (5) EEO/AA Statement. Consultant will, in all solicitations or advertisements for <br />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 <br /> <br /> (1) Prohibited Activity. Consultant is prohibited from using funds provided herein or <br />personnel employed in the administration of the program for political activities; sectarian or religious activities; <br />lobbying, political patronage, and nepotism activities. <br /> <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 /> <br /> d. "Section 3" Clause <br /> <br /> (1) Compliance. Compliance with the provisions of Section 3 of the Housing and Urban <br />Development Act of 1968, as amended, 12 U.S.C. 1701 (“Section 3”), the regulations set forth in 24 CFR 135, and all <br />applicable rules and orders issued hereunder prior to the execution of this Agreement and binding upon City, <br />Consultant and any sub-contractors. Failure to fulfill these requirements shall subject City, Consultant and any sub- <br />contractors, their successors and assigns, to those sanctions specified by the agreement through which federal <br />assistance is provided. Consultant certifies and agrees that no contractual or other disability exists which would <br />prevent compliance with these requirements. <br /> <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 />168