R2006-63 AUTHORIZING FUNDING AGREEMENT

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NHDC 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 participant's health or safety. 3. Labor Standards NHDC 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, NHDC, and any subcontractors. Failure to fulfill these requirements shall subject the City,NHDC, and any subcontractors, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. NHDC 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, NHDC is encouraged to comply with the Section 3 preference requirements to the greatest extent feasible. C. Conduct 1. Assignability NHDC shall not assign or transfer any interest in this contract without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to NHDC from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 10