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subcontractor(s) for the construction or development of the Project, in writing or otherwise, in a call
<br />for bids or otherwise, that the work and construction undertaken pursuant to this Agreement is (or is
<br />not) a "public work," as defined in Section 1720 of the Labor Code or under Davis-Bacon.
<br />Developer knowingly and voluntarily agrees that Developer shall have the obligation
<br />to provide any and all disclosures or identifications with respect to the Project as required by Labor
<br />Code Section 1781 and/or by Davis-Bacon, as the same may be amended from time to time, or any
<br />other similar law or regulation. Developer shall indemnify, protect, pay for, defend (with legal
<br />counsel acceptable to Agency and City) and hold harmless the Indemnitees, from and against any and
<br />all loss, liability, damage, claim, cost, expense and/or "increased costs" (including reasonable
<br />attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with the
<br />development, construction (as defined by applicable law) and/or operation of the Project, including,
<br />without limitation, any and all public works (as defined by applicable law), results or arises in any
<br />way from any of the following: (i) the noncompliance by Developer with any applicable local, state
<br />and/or federal law or regulation, including, without limitation, any applicable federal and/or state
<br />labor laws or regulations (including, without limitation, if applicable, the requirement to pay state
<br />and/or federal prevailing wages); (ii) the implementation of Section 1781 of the Labor Code and/or
<br />of Davis-Bacon, as the same may be amended from time to time, or any other similar law or
<br />regulation; and/or (iii) failure by Developer to provide any required disclosure or identification as
<br />required by Labor Code Section 1781 and/or by Davis-Bacon, as the same may be amended from
<br />time to time, or any other similar law or regulation. It is agreed by the parties that, in connection
<br />with the development and construction (as defined by applicable law or regulation) of the Project,
<br />including, without limitation, any and all public works (as defined by applicable law or regulation),
<br />Developer shall bear all risks of payment or non-payment of prevailing wages under applicable
<br />federal, state and local law or regulation and/or the implementation of Labor Code Section 1781
<br />and/or by Davis-Bacon, as the same may be amended from time to time, and/or any other similar law
<br />or regulation. "Increased costs," as used in this Section 309.1, shall have the meaning ascribed to it
<br />in Labor Code Section 1781, as the same may be amended from time to time. The foregoing
<br />indemnity shall survive termination of this Agreement and shall continue after completion of the
<br />construction and development of the Project by Developer.
<br />309.2 Section 3 Compliance. Developer agrees to comply with and to cause the
<br />General Contractor, each subcontractor, and any other contractors and/or subcontractors or agents of
<br />Developer to comply with the requirements of Section 3 of the Housing and Urban Development Act
<br />of 1968, as amended, 12 U.S.C. § 1701u, and the implementing regulations, in connection with the
<br />construction of the Project. Developer shall submit to Agency/City each Construction Contract with
<br />appropriate provisions providing for the construction of the Project in conformance with the terms of
<br />this Agreement, including the Section 3 Clause set forth below. The General Contractor, each
<br />subcontractor, and any other contractors or subcontractors or agents of Developer shall have
<br />provided to the Executive Director the certification in appendix B of 24 CFR Part 24 that neither it
<br />nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
<br />voluntarily excluded from participation from the Project, and Developer shall be responsible for
<br />determining whether each contractor has been debarred.
<br />Section 3 of the Housing and Urban Development act of 1968, 12 U.S.C., 1701u, as
<br />amended by Section 915 of the Housing and Community Development Act of 1992 requires that
<br />economic opportunities generated by HUD financial assistance for housing and community
<br />development programs be targeted toward low- and very low- income persons. Whenever HUD
<br />assistance generates opportunities for employment or contracting, state and local grantees, as well as
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