25H - AGMT - PERMANENT HOUSING FOR PPL WITH HIV AND AIDS

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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 D. 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 HIV /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 CPR 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 constitutes HUD- associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 et seo.) and is, therefore, subject to 24 CFR part 35. Accordingly, and pursuant to 24 CFR 574.635, Project Sponsor hereby agrees to and shall be responsible for testing and abatement activities specified in the Lead -Based Paint Poisoning Prevention Act and the regulations set forth at 24 CPR part 35 with respect to the Project. 25H -7