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25H - AGMT - GARFIELD JOINT USE
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25H - AGMT - GARFIELD JOINT USE
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Last modified
8/30/2012 4:43:05 PM
Creation date
8/30/2012 4:42:22 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25H
Date
8/30/2012
Destruction Year
2017
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EXHIBIT C <br />SECTION 3 CLAUSE <br />This clause is to included in all Section 3 covered bid specifications, contracts and signed by <br />contractor and his/her subsequent subcontractors. <br />A. The work to be performed under this contract is subject to the requirements of Section 3 of <br />the Housing and Urban Development Act of 1968, as amended, 12, U.S.C. 1701 u (Section <br />3). The purpose of Section 3 is to ensure that employment and other economic opportunities <br />generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the <br />greatest extent feasible, be directed to low- and very low-income persons, particularly <br />persons who are recipients of HUD assistance for housing. <br />B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, <br />which implement Section 3. As evidenced by their execution of this contract, the parties to <br />this contract certify that they are under no contractual or other impediment that would <br />prevent them from complying with the part 135 regulations. <br />C. The contractor agrees to send to each labor organization or representative of workers with <br />which the contractor has a collective bargaining agreement or other understanding, if any, a <br />notice advising the labor organization or workers' representative of the contractor's <br />commitments under this Section 3 clause, and will post copies of notices in conspicuous <br />places at the work site where both employees and applicants for training and employment <br />positions can see the notice. The notice shall describe the Section 3 preference, shall set <br />forth minimum number and job titles subject to hire, availability of apprenticeship and <br />training positions, the qualifications for each; and the name and location of persons(s) taking <br />applications for each of the positions; and the anticipated date the work shall begin. <br />D. The contractor agrees to include this Section 3 clause in every subcontract subject to <br />compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as <br />provided in an applicable provision of the subcontract or in this Section 3 clause, upon <br />finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The <br />contractor will not subcontract with any subcontractor where the contractor has notice or <br />knowledge that the subcontractor has been found in violation of the regulations in 24 CFR <br />part 135. <br />E. The contractor will certify that any vacant employment positions, including training <br />positions, that are filled (1) after the contractor is selected but before the contract is <br />executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 <br />require employment opportunities to be directed, were not filled to circumvent the <br />contractor's obligations under 24 CFR part 135. <br />F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, <br />termination of this contract for default, and debarment or suspension from future HUD <br />assisted contracts. <br />25H-18
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