MERCY HOUSE LIVING CENTERS (HOPWA 2012)

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CFR Part 135, and all applicable rules and orders of the State issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (C) Project Sponsor will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the City, the State or HUD, take appropriate action pursuant to the contract upon a finding that Project Sponsor or any contractor or subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR Part 135, and will not let any contract unless Project Sponsor or contractor or subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (D) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the City, the State and HUD issued thereunder prior to the execution of this Agreement shall be a condition of the federal financial assistance provided to the project, binding upon Project Sponsor, its successors, and assigns. Project Sponsor shall report Section 3 quarterly on the form attached hereto and incorporated herein as Exhibit F. Failure to fulfill these requirements shall subject Project Sponsor, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. (3) MBE/WBE Affirmative Action Outreach Program. Project Sponsor hereby agrees to comply with the City's minority and women business outreach program in accordance with 24 CFR 574.600(d). (4) Affirmative Outreach. Project Sponsor shall adopt procedures to ensure that all persons who qualify for assistance under the HOPWA Program, regardless of their race, color, religion, sex, age, national origin, familial status, or handicap, know of the availability of the HOPWA Program, including facilities and services accessible to persons with a handicap, and maintain evidence of implementation of the procedures. (5) Disability Requirements. Project Sponsor shall not discriminate against persons with AIDS or related diseases based on an additional handicap of such persons in violation of the Fair Housing Act or section 504 of the Rehabilitation Act of 1973. Project Sponsor also shall comply with the reasonable modification requirements of the Fair Housing Act, the reasonable accommodation requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, and implementing regulations. d. Wage Rates. 24 CFR 574.655. The provisions of the Davis -Bacon Act (40 U.S.C. 276a-276a-5) do not apply to the rehabilitation of the Property, unless Project Sponsor will be using HOPWA Funds in combination with funds from other Federal programs that are subject to the Act. e. Lead -based Paint. 24 CFR 574.635. Housing assisted with HOPWA Funds Page 5 of 31