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City, the State or HUD, take appropriate action pursuant to the contract upon a finding that Project <br />Sponsor or any contractor or subcontractor is in violation of regulations issued by the Secretary of <br />HUD, 24 CFR Part 135, and will not let any contract unless Project Sponsor or contractor or <br />subcontractor has first provided it with a preliminary statement of ability to comply with the <br />requirements of these regulations. <br />(D) Compliance with the provisions of Section 3, the regulations set <br />forth in 24 CFR Part 135, and all applicable rules and orders of the City, the State and HUD issued <br />thereunder prior to the execution of this Agreement shall be a condition of the federal financial <br />assistance provided to the project, binding upon Project Sponsor, its successors, and assigns. <br />Project Sponsor shall report Section 3 quarterly on the form attached hereto and incorporated herein <br />as Exhibit D. Failure to fulfill these requirements shall subject Project Sponsor, its contractors and <br />subcontractors, its successors, and assigns to those sanctions specified by the contract through <br />which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. <br />(3) MBE /WBE Affirmative Action Outreach Program. <br />Project Sponsor hereby agrees to comply with the City's minority and women <br />business outreach program in accordance with 24 CFR 574.600(d). <br />(4) Affirmative Outreach. Project Sponsor shall adopt procedures to ensure that <br />all persons who qualify for assistance under the HOPWA Program, regardless of their race, color, <br />religion, sex, age, national origin, familial status, or handicap, know of the availability of the <br />HOPWA Program, including facilities and services accessible to persons with a handicap, and <br />maintain evidence of implementation of the procedures. <br />(5) Disability Requirements. <br />Project Sponsor shall not discriminate against persons with HIV /AIDS or related diseases <br />based on an additional handicap of such persons in violation of the Fair Housing Act or section 504 <br />of the Rehabilitation Act of 1973. Project Sponsor also shall comply with the reasonable <br />modification requirements of the Fair Housing Act, the reasonable accommodation requirements of <br />the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 and the Americans with <br />Disabilities Act, and implementing regulations. <br />d. Waae Rates. 24 CFR 574.655. The provisions of the Davis -Bacon Act (40 U.S.C. <br />276a- 276a -5) do not apply to the rehabilitation of the Property, unless Project Sponsor will be using <br />HOPWA Funds in combination with funds from other Federal programs that are subject to the Act. <br />e. Lead -based Paint. 24 CFR 574.635. Housing assisted with HOPWA Funds <br />constitutes HUD- associated housing for the purpose of the Lead -Based Paint Poisoning Prevention <br />Act (42 U.S.C. 4821 et seq.) and is, therefore, subject to 24 CFR part 35. Accordingly, and <br />pursuant to 24 CFR 574.635, Project Sponsor hereby agrees to and shall be responsible for testing <br />and abatement activities specified in the Lead -Based Paint Poisoning Prevention Act and the <br />regulations set forth at 24 CFR part 35 with respect to the Project. <br />