|
b. Affirmative Action
<br />
<br /> (1) EO 11246 . The Subrecipient, if applicable, will comply with Executive
<br />Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto (41
<br />CFR Chapter 60) which provides that no person shall be discriminated against on the basis of race, color,
<br />religion, sex or national origin in all phases of employment during the performance of federal or federally
<br />assisted construction Agreements. As specified in Executive Order 11246 and the implementing
<br />regulations, contractors, and subcontractors on federal or federally assisted construction contracts shall
<br />take affirmative action to insure fair treatment in employment, upgrading, demotion or transfer,
<br />recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation
<br />and selection for training and apprenticeship.
<br />
<br /> (2) Women- and Minority-Owned Businesses (W/MBE). The Subrecipient
<br />will use its best efforts to afford minority and women-owned business enterprises the maximum
<br />practicable opportunity to participate in the performance of this Agreement. As used in this Agreement,
<br />the term "minority and female business enterprise" means a business at least fifty-one (51) percent owned
<br />and controlled by minority group members or women. For the purposes of this definition, "minority group
<br />members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans,
<br />Asian-Americans, and American Indians. The Subrecipient may rely on written representations by
<br />Subrecipients regarding their status as minority and female business enterprises in lieu of an independent
<br />investigation.
<br />
<br /> (3) Access to Records. The Subrecipient shall furnish and cause each of its
<br />sub-subrecipients to furnish all information and reports required hereunder and will per mit access to its
<br />books, records and accounts by the City, HUD or its agent, or other authorized federal officials for
<br />purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
<br />
<br /> (4) Notifications. The Su brecipient will send to each labor union or
<br />representative of workers with which it has a collective bargaining agreement or other contract or
<br />understanding, a notice, to be provided by the agency contracting officer, advising the labor union or
<br />worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice
<br />in conspicuous places available to employees and applicants for employment.
<br />
<br /> (5) EEO/AA Statement. The Subrecipient will, in all solicitations or
<br />advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal
<br />Opportunity or Affirmative Action employer.
<br />
<br /> (6) Subcontract Provisions. The Subrecipient will include the provisions of
<br />Paragraphs VIII A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order,
<br />specifically or by reference, so 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
<br />provided herein or personnel employed in the administration of the program for political activities;
<br />sectarian or religious activities; 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,
<br />or receive services in buildings or surroundings or under working conditions which a re unsanitary,
<br />hazardous or dangerous to the participants' health or safety.
<br />
<br /> d. "Section 3" Clause
<br />
<br /> (1) Compliance. Compliance with the provisions of Section 3, the regulations
<br />set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of
<br />this Agreement and binding upon the City of San Leandro, the Subrecipient and any sub-Subrecipients.
<br />Failure to fulfill these requirements shall subject the City of San Leandro, the Subrecipient and any sub-
<br />DocuSign Envelope ID: 95D25B34-6086-4A29-8612-90AA0E4C1962
|