R2010-135 AUTHORIZING AGREEMENT NEAR WESTSIDE RESTORATION AND PRESERVATION SOCIETY

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r , . 1964 (P.L. 88-352) and 24 CFR 570, Part I. In regard to the sale, lease, or other transfer . of land acquired, cleared or improved with assistance provided under this contract, NHDC shall cause or require a covenant running with the land to be inserted into the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected thereon, providing that the City and the United States of America are beneficiaries of and entitled to enforce such covenants. NWRAPS, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 NWRAPS agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706)which prohibits discrimination against the handicapped in any federally assisted program. The City shall provide NWRAPS with any guideline necessary for compliance with that portion of the regulations in force during the term of this contract. 5. Notifications NWRAPS will make available to all employees and/or will post in a conspicuous place, NWRAPS's commitments hereunder noted. 6. EEO/AA Statement NWRAPS will, in all solicitations or advertisements for employees placed by or on behalf of NWRAPS; state that it is an Equal Opportunity or Affirmative Action employer. B. Employment Restrictions 1. Prohibited Activity NWRAPS is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. 2. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participanYs health or safety. 3. Labor Standards NWRAPS agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis- Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti- Kickback"Act(40 U.S.C. 276, 327-333) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. NHDC shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for review upon request. 4. "Section 3" Clause Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the federal financial assistance provided under this contract and binding upon the City, NWRAPS, and any subcontractors. Failure to fulfill these requirements shall subject the City, NWRAPS, and any subcontractors, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. NWRAPS certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. Section 3 of the Housing and Urban Development Act of 1968, as amended, requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the areas of the project. While this Section only applies to projects for which HUD's share of the cost exceeds $200,000, NWRAPS is encouraged to comply with the Section 3 preference requirements to the greatest extent feasible. C. Conduct 1. Assign ability