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Exhibit D - 11 <br />for low- and very low-income persons residing within the metropolitan area in which the <br />CDBG-funded project is located; where feasible, priority should be given to business <br />concerns that provide economic opportunities to Section 3 workers residing within the <br />service area or the neighborhood in which the project is located, and to low- and very low- <br />income participants in other HUD programs. <br /> <br />The Service Provider certifies and agrees that no contractual or other legal incapacity exists <br />that would prevent compliance with these requirements. <br /> <br />b. Notifications <br /> <br />The Service Provider agrees to send to each labor organization or representative of workers <br />with which it has a collective bargaining agreement or other contract or understanding, if <br />any, a notice advising said labor organization or worker’s representative of its commitments <br />under this Section 3 clause and shall post copies of the notice in conspicuous places <br />available to employees and applicants for employment or training. <br /> <br />c. Subcontracts <br /> <br />The Service Provider will include this Section 3 clause in every subcontract and will take <br />appropriate action pursuant to the subcontract upon a finding that the subcontractor is in <br />violation of regulations issued by the grantor agency. The Service Provider will not <br />subcontract with any entity where it has notice or knowledge that the latter has been found <br />in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the <br />entity has first provided it with a preliminary statement of ability to comply with the <br />requirements of these regulations. <br /> <br />D. Conduct <br /> <br />1. Assignability: The Service Provider shall not assign or transfer any interest in this Agreement <br />without the prior written consent of the City thereto; provided, however, that claims for money <br />due or to become due to the Service Provider from the City under this Agreement may be <br />assigned to a bank, trust company, or other financial institution without such approval. Notice of <br />any such assignment or transfer shall be furnished promptly to the City. <br /> <br />2. Subcontracts: <br />a. Approvals <br /> The Service Provider shall not enter into any subcontracts with any agency or individual in the <br />performance of this contract without the written consent of the City prior to the execution of <br />such Agreement. <br />b. Monitoring <br /> The Service Provider will monitor all subcontracted services on a regular basis to assure <br />contract compliance. Results of monitoring efforts shall be summarized in written reports