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(1) Prohibited Activity. The Subrecipient is prohibited from using funds <br />provided herein or personnel employed in the administration of the program for political activities; <br />sectarian or religious activities; lobbying, political patronage, and nepotism activities. <br /> <br /> (2) OSHA. Where employees are engaged in activities not covered under <br />the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be <br />trained, or receive services in buildings or surroundings or under working conditions which are <br />unsanitary, hazardous or dangerous to the participants' health or safety. <br /> <br /> d. "Section 3" Clause <br /> <br /> (1) Compliance. Compliance with the provisions of Section 3, the <br />regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the <br />execution of this Agreement and binding upon the City of San Leandro, the Subrecipient and any sub- <br />Subrecipients. Failure to fulfill these requirements shall subject the City of San Leandro, the <br />Subrecipient and any sub-Subrecipients, their successors and assigns, to those sanctions specified by <br />the agreement through which federal assistance is provided. The Subrecipient certifies and agrees that <br />no contractual or other disability exists which would prevent compliance with these requirements. <br /> <br />The Subrecipient further agrees to comply with these "Section 3" requirements and to include <br />the following language in all subcontracts executed under this agreement: <br /> <br />The work to be performed under this Agreement is a project assisted under a program providing <br />direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the <br />Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to <br />the greatest extent feasible opportunities for training and employment be given to lower income <br />residents of the project area and Agreements for work in connection with the project be awarded to <br />business concerns which are located in, or owned in substantial part by persons residing in the areas of <br />the project. <br /> <br />The Subrecipient certifies and agrees that no contractual or other disability exists which would <br />prevent compliance with the requirements. <br /> <br /> (2) Notifications. The Subrecipient agrees to send to each labor <br />organization or representative of workers with which it has a collective bargaining agreement or other <br />Agreement or understanding, if any, a notice advising said labor organization or worker's representative <br />of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous <br />places available to employees and applicants for employment or training. <br /> <br /> (3) Subcontracts. The Subrecipient will include this Section 3 clause in <br />every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the <br />sub-Subrecipient is in violation of Regulations issued by the grantor agency. The Subrecipient will not <br />subcontract with any sub-Subrecipient where it has notice of knowledge that the latter has been found <br />in violation of regulations under 24 CFR 135 and will not let any subcontract unless the sub- <br />Subrecipient has first provided it with a preliminary statement of ability to comply with the requirements <br />of these regulations. <br /> <br />2.6 Environmental Requirements. Lead Based Paint. In accordance with 24 CFR Part <br />570.608, the Subrecipient shall be prohibited from using lead-based paint in residential structures <br />rehabilitated with Community Development Block Grant funds. Lead-based paint is any paint <br />containing more than five-tenths of one percent (5/10 of 1%) lead by weight in the total non-volatile <br />content of liquid paints or in the dried film of paint already applied. <br /> <br />243