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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 /> <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 Agreement. As used in this Agreement, the term "minority and female <br />business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group <br />members or women. For the purposes of this definition, "minority group members" are Afro-Americans, Spanish- <br />speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The <br />Subrecipient may rely on written representations by Subrecipients regarding their status as minority and female <br />business enterprises in lieu of an independent investigation. <br /> <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 City, 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 /> <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 /> <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 /> <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 /> <br />c. Employment Restrictions <br /> <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 /> <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, the regulations set forth <br />in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement 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 />and assigns, to those sanctions specified by the agreement through which federal assistance is provided. The <br />Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with <br />these requirements. <br /> <br />The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following <br />language in all subcontracts executed under this agreement: <br /> <br />The work to be performed under this Agreement 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 Urban <br />Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible <br />opportunities for training and employment be given to lower income residents of the project area and Agreements <br />308