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other recipients of HUD housing assistance funds must, to the greatest extent feasible, provide these <br />opportunities to low- and very low- income persons and to businesses owned by or employing low- <br />and very low- income persons. Section 3 applies to projects for which HUD's share of project costs <br />exceeds $200,000 and contracts and subcontracts awarded on projects for which HUD's share or <br />project costs exceeds $200,000 and the contract or subcontract exceeds $100,000. <br />For purposes of this Section 3 Clause and compliance thereto, whenever the word <br />"contractor" is used it shall mean and include, as applicable, the Developer, and its contractor and <br />subcontractor(s), if any. The particular text to be utilized in any and all contracts of any contractor <br />doing work covered by Section 3 shall be in substantially the form of the following, as reasonably <br />determined by the Agency, or as directed by HUD or its representative, and shall be executed by the <br />applicable contractor under penalty of perjury: <br />"The work to be performed under this contract is subject to the <br />requirements of Section 3 of the Housing and Urban Development <br />Act of 1968, as amended, 12 U.S.C. 170lu ("Section 3"). The <br />purpose of Section 3 is to ensure that employment and other <br />economic opportunities generated by HUD assistance or HUD <br />assisted projects covered by Section 3, shall, to the greatest extent <br />feasible, be directed to low-and very low-income persons (inclusive <br />of Extremely Low Income households and Very Low Income <br />households served by the Project), particularly persons who are <br />recipients of HUD assistance for housing. <br />The parties to this contract agree to comply with HUD's regulations <br />in 24 CFR part 135, which implement Section 3. As evidenced by <br />their execution of this contract, the parties to this contract certify that <br />they are under no contractual or other impediment that would prevent <br />them from complying with the part 135 regulations. <br />The contractor agrees to send to each labor organization or <br />representative of workers with which the contractor has a collective <br />bargaining agreement or other understanding, if any, a notice advising <br />the labor organization or workers' representative of the contractor's <br />commitments under this Section 3 clause, and will post copies of <br />notices in conspicuous places at the work site where both employees <br />and applicants for training and employment positions can see the <br />notice. The notice shall describe the Section 3 preference, shall set <br />forth minimum number of job titles subject to hire, availability of <br />apprenticeship and training positions, the qualifications for each; and <br />the name and location of person(s) taking applications for each of the <br />position; and the anticipated date the work shall begin. <br />The contractor agrees to include this Section 3 clause in every <br />subcontract subject to compliance with regulations in 24 CFR part <br />135, and agrees to take appropriate action, as provided in an <br />applicable provision of the subcontract or in this Section 3 clause, <br />upon a finding that the subcontractor is in violation of the regulations <br />24 CFR part 135. The contractor will not subcontract with any <br />254 20