Common use of of the Housing and Urban Development Act of 1968 Clause in Contracts

of the Housing and Urban Development Act of 1968. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The Contractor agrees to send to each labor organization or representative of workers with which the Engineer has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected by before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Engineer’s obligations under 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor shall assist the City of Joplin in obtaining all necessary documentation to support Section 3 goals. The Contractor will complete and submit the Section 3 tables in Attachment A in the Architect’s required periodic reporting to the City. Frequently Asked Questions related to Section 3 are also included in Attachment A.

Appears in 12 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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of the Housing and Urban Development Act of 1968. a. The City shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). 1. The City shall, to the greatest extent feasible, give opportunities for training and employment to lower-income residents of the County and shall award contracts for work in connection with the Project to business concerns which are located in or owned in substantial part by persons residing in the County. 2. Compliance with the provisions of Section 3, the regulations set forth in 00 XXX 000, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the Grantee, the Subrecipient and any subSubrecipients. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any subSubrecipients, their successors and assigns, to those sanctions specified. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. 3. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all SubAgreements executed under this Agreement: The work to be performed under this contract Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3)1701. The purpose of section Section 3 is to ensure requires that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasiblefeasible opportunities for training and employment be given to lower income residents of the project area and Agreements for work in connection with the project be awarded to business concerns which are located in, be directed or owned in substantial part by persons residing in the areas of the project. The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income personspersons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, particularly priority should be given to low- and very low-income persons who are recipients within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD assistance programs; and award contracts for housing. b. work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify Subrecipient certifies and agrees that they are under no contractual or other impediment legal incapacity exists that would prevent them from complying with the part 135 regulations. c. The Contractor agrees to send to each labor organization or representative of workers with which the Engineer has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor’s commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135these requirements. e. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected by before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Engineer’s obligations under 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor shall assist the City of Joplin in obtaining all necessary documentation to support Section 3 goals. The Contractor will complete and submit the Section 3 tables in Attachment A in the Architect’s required periodic reporting to the City. Frequently Asked Questions related to Section 3 are also included in Attachment A.

Appears in 3 contracts

Samples: Subrecipient Agreement, Subrecipient Agreement, Subrecipient Agreement

of the Housing and Urban Development Act of 1968. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. c. The Contractor agrees to send to each labor organization or representative of workers with which the Engineer has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor’s commitments under this section 3 clause, clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected by before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Engineer’s obligations under 24 CFR part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor shall assist the City of Joplin in obtaining all necessary documentation to support Section 3 goals. The Contractor will complete and submit the Section 3 tables in Attachment A in the Architect’s required periodic reporting to the City. Frequently Asked Questions related to Section 3 are also included in Attachment A.

Appears in 1 contract

Samples: Construction Contract

of the Housing and Urban Development Act of 1968. a. The work to be performed under this contract is subject to the requirements of Section section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u ({section 3). The purpose of section 3 is to ensure that employment and other economic opportunities opportunities, most importantly employment, generated by certain HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, shall be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housinghousing or residents of the community in which the federal funds are spent. b. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135C.F.R. part 75, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 75 regulations. c. The Contractor Contractor/Subcontractor agrees to send to each labor organization or representative of workers with which the Engineer Contractor/Subcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor’s 's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. The Contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135C.F.R. part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135C.F.R. part 75. The Contractor will not subcontract with any subcontractor where the Contractor subcontractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135C.F.R. part 75. e. The Contractor Contractor/Subcontractor will certify that any vacant employment positions, including training positions, that are filled filled: (1) after the Contractor contractor/subcontractor is selected by but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR C.F.R. part 135 75 require employment opportunities to be directed, were not filled to circumvent the Engineer’s Contractor/Subcontractor's obligations under 24 CFR C.F.R. part 13575. f. Noncompliance with HUD's regulations in 24 CFR C.F.R. part 135 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall assist the City of Joplin in obtaining all necessary documentation be given to support Section 3 goals. The Contractor will complete Indians, and submit the Section 3 tables in Attachment A (ii) preference in the Architect’s required periodic reporting award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the City. Frequently Asked Questions related provisions of section 3 and section 7(b} agree to Section comply with section 3 are also included to the maximum extent feasible, but not in Attachment A.derogation of compliance with section 7(b).

Appears in 1 contract

Samples: Construction Management Services Agreement

of the Housing and Urban Development Act of 1968. a. (As required by applicable thresholds) 1) The work to be performed under this contract Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (section Section 3). The purpose of section Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. 2) The parties to this contract Agreement agree to comply with HUD's ’s regulations in 24 CFR C.F.R. Part 135, which implement section Section 3. As evidenced by their execution of this contractAgreement, the parties to this contract Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part Part 135 regulations. c. 3) The Contractor CONTRACTOR agrees to send to each labor organization or representative of workers with which the Engineer CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the ContractorCONTRACTOR’s commitments under this section Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. 4) The Contractor CONTRACTOR agrees to include this section Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR C.F.R. Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR C.F.R. Part 135. The Contractor CONTRACTOR will not subcontract with any subcontractor where the Contractor CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR C.F.R. Part 135. e. 5) The Contractor CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled filled: (1) after the Contractor CONTRACTOR is selected by but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part C.F.R. Part 135 require employment opportunities to be directed, were not filled to circumvent the EngineerCONTRACTOR’s obligations under 24 CFR part C.F.R. Part 135. f. 6) Noncompliance with HUD's ’s regulations in 24 CFR part C.F.R. Part 135 may result in sanctions, termination of this contract Agreement for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor shall assist the City of Joplin 7) With respect to work performed in obtaining all necessary documentation to support connection with Section 3 goalscovered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this Agreement. The Contractor will complete Section 7(b) requires that to the greatest extent feasible: (i) preference and submit opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 tables in Attachment A in the Architect’s required periodic reporting and Section 7(b) agree to comply with Section 3 to the City. Frequently Asked Questions related to maximum extent feasible, but not in derogation of compliance with Section 7(b). 8) For contracts exceeding $100,000, the CONTRACTOR shall submit Form HUD 60002 (Section 3 are also included Summary Report) to Estancia Corazon, Inc on a quarterly basis, notwithstanding the annual reporting requirement set forth in Attachment A.that form’s instructions.

Appears in 1 contract

Samples: Hud General Provisions

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of the Housing and Urban Development Act of 1968. a. The work to be performed under this contract Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (section Section 3). The purpose of section Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. a) The parties to this contract agreement agree to comply with HUD's regulations in 24 CFR C.F.R. Part 13575, which implement section Section 3. As evidenced by their execution of this contract, the parties Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 75 regulations. c. b) The Contractor Subrecipient agrees to send to each labor organization or representative of workers with which the Engineer Subrecipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor’s Subrecipient's commitments under this section Section 3 clause, clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. d. c) The Contractor Subrecipient agrees to include this section Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR C.F.R. Part 135, 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR C.F.R. Part 13575. The Contractor Subrecipient will not subcontract with any subcontractor where the Contractor Subrecipient has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR C.F.R. Part 13575. e. d) The Contractor Subrecipient acknowledges that Subrecipients, contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 C.F.R. § 75.19, regardless of whether Section 3 language is included in recipient or Subrecipient agreements, program regulatory agreements, or contracts. e) The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor Subrecipient is selected by but before the contract agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 C.F.R. Part 75 require employment opportunities to be directed, were not filled to circumvent the Engineer’s Subrecipient's obligations under 24 CFR part 135C.F.R. Part 75. f. f) Noncompliance with HUD's regulations in 24 CFR part 135 C.F.R. Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor shall assist the City of Joplin g) With respect to work performed in obtaining all necessary documentation to support connection with Section 3 goalscovered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 5307) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). h) The Contractor will complete Subrecipient agrees to submit, and shall require its subcontractors to submit to them, monthly reports to OHCS detailing the total number of labor hours worked on the Section 3 tables in Attachment A in Project, the Architect’s required periodic reporting to the City. Frequently Asked Questions related to total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to direct hiring efforts to low- and very low-income persons, particularly persons who are also included in Attachment A.Section 3 Workers and Targeted Section 3 Workers.

Appears in 1 contract

Samples: Subrecipient Grant Agreement

of the Housing and Urban Development Act of 1968. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3)1701u. The purpose of section Section 3 is to ensure requires that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, opportunities for training and employment be directed given to low- lower income residents of the project area and very low-income personscontracts for work, particularly in connection with the project, be awarded to business concerns which are located in, or owned in substantial part by, persons who are recipients residing in the area of HUD assistance for housingthe project. b. The parties to this contract agree to will comply with HUD's the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 13500 XXX 000, which implement section 3. As evidenced by their and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract, the . The parties to this contract certify and agree that they are under no contractual or other impediment disability that would prevent them from complying with the part 135 regulationsthese requirements. c. The Contractor agrees to consultant will send to each labor organization or representative of workers workers, if applicable, with which the Engineer he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of the Contractor’s his commitments under this section Section 3 clause, and will shall post copies of the notice in conspicuous places at the work site where both place available to employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall beginor training. d. The Contractor agrees to consultant will include this section Section 3 clause in every subcontract subject to compliance for work, if applicable, in connection with regulations in 24 CFR Part 135the project and will, and agrees to at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action, as provided in an applicable provision of action pursuant to the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of regulations issued by the regulations in Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor contractor will not subcontract with any subcontractor where the Contractor it has notice or knowledge that the subcontractor latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135. e. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected by before the contract is executed, and (2) with persons other than all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, and its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to whom the regulations of such sanctions as are specified by 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Engineer’s obligations under 24 CFR part Part 135. f. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. g. The Contractor shall assist the City of Joplin in obtaining all necessary documentation to support Section 3 goals. The Contractor will complete and submit the Section 3 tables in Attachment A in the Architect’s required periodic reporting to the City. Frequently Asked Questions related to Section 3 are also included in Attachment A.

Appears in 1 contract

Samples: Construction Contract

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