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and to businesses owned by or employing low- and very low- income persons. Section 3 <br />applies to projects for which HUD's share of project costs exceeds $200,000 and <br />contracts and subcontracts awarded on projects for which HUD's share or project costs <br />exceeds $200,000 and the contract or subcontract exceeds $100,000. <br />For purposes of this Section 3 Clause and compliance thereto, whenever <br />the word "contractor" is used it shall mean and include, as applicable, the Developer, and <br />its contractor and subcontractor(s), if any. The particular text to be utilized in any and all <br />contracts of any contractor doing work covered by Section 3 shall be in substantially the <br />form of the following, as reasonably determined by the City, or as directed by HUD or its <br />representative, and shall be executed by the applicable contractor under penalty of <br />perjury: <br />"(a) The work to be performed under this contract is subject to the <br />requirements of Section 3 of the Housing and Urban Development Act of 1965, as <br />amended, 12 U.S.C. 170lu ("Section 3"). The purpose of Section 3 is to ensure <br />that employment and other economic opportunities generated by HUD assistance <br />or HUD -assisted projects covered by Section 3, shall, to the greatest extent <br />feasible, be directed to low -and very low-income persons [inclusive of Very Low <br />Income Persons, Very Low Income Households, and Very Low Income Tenants <br />served by the Project, particularly persons who are recipients of HUD assistance <br />for housing. <br />(b) The parties to this contract agree to comply with HUD's <br />regulations 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 they are <br />under no contractual or other impediment that would prevent them from <br />complying with the part 135 regulations. <br />(c) The contractor agrees to send to each labor organization or <br />representative of workers with which the contractor has a collective bargaining <br />agreement or other understanding, if any, a notice advising the labor organization <br />or workers' representative of the contractor's commitments under this Section 3 <br />clause, and will post copies of notices in conspicuous places at the work site <br />where both employees and applicants for training and employment positions can <br />see the notice. The notice shall describe the Section 3 preference, shall set forth <br />minimum number of job titles subject to hire, availability of apprenticeship and <br />training positions, the qualifications for each; and the name and location of <br />person(s) taking applications for each of the position; and the anticipated date the <br />work shall begin. <br />(d) The contractor agrees to include this Section 3 clause in every <br />subcontract subject to compliance with regulations in 24 CFR part 135, and <br />agrees to take appropriate action, as provided in an applicable provision of the <br />subcontract or in this Section 3 clause, upon a finding that the subcontractor is in <br />violation of the regulations 24 CFR part 135. The contractor will not subcontract <br />with any subcontractor where the contractor has notice or knowledge that the <br />subcontractor has been found in violation of the regulations in 24 CFR part 135. <br />21 <br />