Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following: 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 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 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor 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 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 75. 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 75. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75. F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. 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 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 Section7(b).
Appears in 2 contracts
Samples: Contract for Construction, Contract for Construction
Section 3 Compliance. The Contractor hereby acknowledges that this federally federally-funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75135] and agrees to the following:
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 75135, 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 75 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which the contractor 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 75135, 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 75135. 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 75135.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75135.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. 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 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 Section7(b).
Appears in 1 contract
Samples: Construction Contract
Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and Developer agrees to comply with and to cause the following:
A. The work general contractor, each subcontractor, and any other contractors and/or subcontractors or agents of Developer to be performed under this contract is subject to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (§1701u, and the implementing regulations, in connection with the construction of the Project. Developer shall submit to Authority each Construction Contract with appropriate provisions providing for the Rehabilitation of the Project in conformance with the terms of this Agreement, including the Section 33 Clause, in accordance with Section 206(d). The purpose Contractor, each subcontractor, and any other contractors or subcontractors or agents of Section 3 is Developer (subject to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, compliance with 24 CFR part 135) shall have provided to Authority the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients certification in appendix B of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 7524 that neither it nor its principals is presently debarred, which implement Section 3. As evidenced by their execution of suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation from this contractProject, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.
C. The contractor agrees to send to and Authority shall be responsible for determining whether each labor organization or representative of workers with which the contractor has been debarred. Authority has prepared a collective bargaining agreement Section 3 ―checklist‖ and other forms related to Section 3 compliance; and as provided by Authority to Developer, and its contractor(s) or other understandingsubcontractor(s), if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this and as applicable, such forms shall be utilized in all contracts and subcontracts to which 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 noticeapplies. 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 75, Developer hereby acknowledges and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this all responsibility for compliance with all Section 3 clauseClause federal requirements as to Developer, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice general contractor, subcontractors, or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75.
E. The contractor will certify that any vacant employment positionsother contractor(s), including training positions, that are filled (1) after the contractor is selected but before the contract is executedsubcontractor(s), and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities agents. Developer shall provide or cause to be directed, were not filled provided to circumvent the contractor's obligations under 24 CFR Part 75.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for defaultContractor and each subcontractor, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection each of its other contractor(s), subcontractor(s) and agents the checklist for compliance with the Section 3 covered Indian housing assistanceClause federal requirements provided by Authority, Section 7(b) of to obtain from 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 be given to IndiansContractor, each subcontractor, and (ii) preference in the award of contracts other contractor(s), subcontractor(s), and subcontracts shall be given to Indian organizations agents all applicable items, documents, 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 other evidence of compliance with Section7(b)the items, actions, and other provisions within the checklist, and to submit all such completed Section 3 Clause documentation and proof of compliance to the Authority. To the extent applicable, Developer shall comply and/or cause compliance with all Section 3 Clause requirements for the Project. For example, when and if Developer or its contractor(s) hire(s) full time employees, rather than volunteer labor or materials, Section 3 is applicable and all disclosure and reporting requirements apply.
Appears in 1 contract
Samples: Affordable Housing Agreement
Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:
A. The work to be performed under this contract Contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 19681968 (“Section 3”), as amended, amended (12 U.S.C. 1701u (Section 3)§1701u) and the implementing regulations at 24 C.F.R. Part 135 , and TDHCA policy as determined by the Board. 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 75, which implement Section 3. As evidenced by their execution of this contractContract, the parties to this contract Parties certify that they are under no contractual or other impediment that would prevent them from complying with the 24 C.F.R. Part 75 135 regulations.
C. The contractor Subrecipient agrees to send to each labor organization or representative of workers with which the contractor Subgrantee 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 3 clause section of the Contract, 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 Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after a contractor agrees is selected but before the contract is executed, and (2) with persons other than those to include this Section 3 clause in every subcontract subject whom the regulations of 24 C.F.R. Part 135 require employment opportunities to compliance be directed, were not filled to circumvent the Subgrantee’s obligations under 24 C.F.R. Part 135.
E. Noncompliance with HUD's regulations in 24 CFR C.F.R. Part 75135 may result in sanctions, termination of this Contract for default, and debarment or suspension from future HUD assisted contracts.
F. 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) (“Section 7b”) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible
1. Preference and opportunities for training and employment shall be given to Indians, and
2. 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 7b agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7b.
G. Subrecipient 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 C.F.R. Part 75135. 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 Part 75.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. 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 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 Section7(b).C.F.R.
Appears in 1 contract
Section 3 Compliance. The Contractor hereby acknowledges CHA has determined that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:
A. The work to be performed contract awarded under this contract solicitation 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), and Title 24 of Subchapter B, Part 135 – Economic Opportunities for Low- and Very Low-Income Persons, 24 CFR 135.3. Section 3 Compliance requires that any contract or subcontract entered into for the benefit of public housing residents shall require that, to the greatest extent feasible, economic opportunity in the form of training, employment, contracting, and other economic opportunities arising from the expenditure of public housing assistance for housing rehabilitation and housing construction be directed to low- and very low- income persons.
1. Section 3 - Clause
i. 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 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. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 75135, which implement Section 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 75 135 regulations.
C. iii. The contractor Contractor agrees to send to each labor organization or representative of workers with which the contractor Contractor 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 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. iv. The contractor Contractor agrees to include this Section section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75135, 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 Part 75135. The contractor 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 75135.
E. v. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75135.
F. vi. Noncompliance with HUD's regulations in 24 CFR Part 75 part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. 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 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 Section7(b).
Appears in 1 contract
Samples: Professional Services Agreement
Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to ECIA shall comply with provisions for training, employment, and contracting in accordance with 24 CFR Part 135, Section 3 of the Housing and Urban Development Act of 1968 [(12 U.S.C. 1701u and 24 CFR Part 75] and agrees 1701u). All Section 3 covered contracts shall include the following clause (referred to as the following:Section 3 Clause):
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 33 Clause). The purpose of Section 3 Clause is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 33 Clause, 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 ’s regulations in 24 CFR Part 75135, which implement Section 33 (Clause). 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 75 135 regulations.
C. The contractor ECIA agrees to send to each labor organization or representative of workers with which the contractor ECIA has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' ’ representative of the contractor's ECIA’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 Clause 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 ECIA agrees to include this Section 3 clause Clause in every subcontract subject to compliance with regulations in 24 CFR Part 75135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clauseClause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75135. The contractor ECIA will not subcontract with any subcontractor where the contractor ECIA has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75135.
E. The contractor CIA will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor ECIA is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 135 require employment opportunities to be directed, were not filled to circumvent the contractor's ECIA’s obligations under 24 CFR Part 75135.
F. Noncompliance with HUD's ’s regulations in 24 CFR Part 75 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 Clause covered Indian housing assistanceHousing 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 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 Clause and Section 7(b) agree to comply with Section 3 Clause to the maximum extent feasible, but not in derogation of compliance with Section7(bSection 7(b).
Appears in 1 contract
Samples: Contract for Services
Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to VNA shall comply with provisions for training, employment, and contracting in accordance with 24 CFR Part 135, Section 3 of the Housing and Urban Development Act of 1968 [(12 U.S.C. 1701u and 24 CFR Part 75] and agrees 1701u). All Section 3 covered contracts shall include the following clause (referred to as the following:Section 3 Clause):
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 33 Clause). The purpose of Section 3 Clause is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 33 Clause, 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 ’s regulations in 24 CFR Part 75135, which implement Section 33 Clause. 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 75 135 regulations.
C. The contractor VNA agrees to send to each labor organization or representative of workers with which the contractor VNA has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' ’ representative of the contractor's VNA’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 Clause 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 VNA agrees to include this Section 3 clause Clause in every subcontract subject to compliance with regulations in 24 CFR Part 75135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clauseClause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75135. The contractor VNA will not subcontract with any subcontractor where the contractor VNA has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75135.
E. The contractor VNA will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor VNA is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 135 require employment opportunities to be directed, were not filled to circumvent the contractor's VNA’s obligations under 24 CFR Part 75135.
F. Noncompliance with HUD's ’s regulations in 24 CFR Part 75 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 Clause covered Indian housing assistanceHousing Assistance, Section 7(b) of the Indian Self-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 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 Clause and Section 7(b) agree to comply with Section 3 Clause to the maximum extent feasible, but not in derogation of compliance with Section7(bSection 7(b).
Appears in 1 contract
Samples: Subcontract Agreement
Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:
A. The work to be performed under this contract Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development 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). The purpose of 1701 u. 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 lower income residents of the project area and contracts for work and purchase of services and supplies in connection with the project be awarded to business concerns which are located in, be directed to low- and very low-income persons, particularly 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 Contract will comply with HUD's the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 75135, 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 Contract. The parties to this contract Contract certify and agree that they are under no contractual or other impediment disability that would prevent them from complying with the Part 75 regulationsthese requirements.
C. The contractor agrees to Consultant will send to each labor organization or representative of workers with which the contractor 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 3 clause and will shall post copies of the notice in conspicuous places at the work site where both 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 begintraining.
D. The contractor agrees to Consultant will include this Section 3 clause in every subcontract subject to compliance for work in connection with regulations in 24 CFR Part 75the 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 75135. The contractor Consultant 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 75.
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed135, 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, 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 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75135.
F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. 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 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 Section7(b).
Appears in 1 contract
Samples: Contract for Professional Services
Section 3 Compliance. The Contractor hereby acknowledges that this federally funded project is subject to ECIA shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 135, Section 3 of the Housing and Urban Development Act of 1968 [(12 U.S.C. 1701u and 24 CFR Part 75] and agrees 1701u). All section 3 covered contracts shall include the following clause (referred to as the following:section 3 Clause):
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 33 Clause). The purpose of Section 3 Clause is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 33 Clause, 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 ’s regulations in 24 CFR Part 75part 135, which implement Section 33 Clause. 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 75 part 135 regulations.
C. The contractor ECIA agrees to send to each labor organization or representative of workers with which the contractor ECIA has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' ’ representative of the contractor's ECIA’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 Clause 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 ECIA agrees to include this Section 3 clause Clause in every subcontract subject to compliance with regulations in 24 CFR Part 75part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clauseClause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75part 135. The contractor ECIA will not subcontract with any subcontractor where the contractor ECIA has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75part 135.
E. The contractor ECIA will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor ECIA is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's ECIA’s obligations under 24 CFR Part 75part 135.
F. Noncompliance with HUD's ’s regulations in 24 CFR Part 75 part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 Clause covered Indian housing assistanceHousing 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 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 Clause and Section 7(b) agree to comply with Section 3 Clause to the maximum extent feasible, but not in derogation of compliance with Section7(bsection 7(b).
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Samples: Contract for Services