Common use of Section 3 of the Housing and Urban Development Act of 1968 Clause in Contracts

Section 3 of the Housing and Urban Development Act of 1968. (1) The work to be performed under this Agreement is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development (HUD). Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. §1701u, "Section 3") and implementing regulations at 24 CFR Part 135 apply to the Agreement. Under Section 3, to the greatest extent feasible, for any contract award in excess of $100,000, the Contractor shall give opportunities for training and employment to lower-income residents of the City 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 City. (2) The Contractor will comply with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Agreement. The Contractor certifies and agrees that there is no contractual or other disability which would prevent compliance with these requirements. (3) The Contractor shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the labor organization or workers' representative of the commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include or have included a Section 3 clause in every subcontract for work in connection with the project. The Contractor shall, at the direction of the City, take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of this Section 3 clause. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135. The Contractor shall not let any subcontract unless the subcontractor has provided the Contractor with a preliminary statement of ability to comply with the requirements of this Section 3 clause. (5) Compliance with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement shall be a condition of the federal financial assistance provided to the project. These provisions are binding upon the City, its contractors and subcontractors, their successors and assigns. Failure to fulfill these requirements shall subject the City, its contractors and subcontractors, their successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided. (6) The Contractor shall have completed, signed and delivered a Voluntary Compliance Form (provided by the City) to the Director prior to the execution of this Agreement.

Appears in 6 contracts

Samples: Professional Services, Professional Services, Professional Services

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Section 3 of the Housing and Urban Development Act of 1968. (1a) The work to be performed under this Agreement contract is on a project assisted under a program providing federal financial assistance from subject to the Department requirements of Housing and Urban Development (HUD). Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. §1701u, ". Section 3") and implementing regulations at 24 CFR Part 135 apply to the Agreement. Under Section 3, 3 requires that to the greatest extent feasible, for any contract award in excess of $100,000, the Contractor shall give opportunities for training and employment be given to lower-lower income residents of the City project area and shall award contracts for work work, in connection with the project project, be awarded to business concerns which are located in in, or owned in substantial part by by, persons residing in the Cityarea of the project. (2b) The Contractor parties to this contract will comply with the provisions provision of said Section 33 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 00 XXX 000, and all applicable rules and orders of HUD the Department issued thereunder prior to the execution of the Agreementthis contract. The Contractor certifies parties to this contract certify and agrees agree that there is they are under no contractual or other disability which that would prevent compliance them from complying with these requirements. (3c) The Contractor shall consultant will send to each labor organization or representative of workers workers, if applicable, with which it 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 his commitments under this Section 3 clause clause, and shall post copies of the notice in conspicuous places place available to employees and applicants for employment or training. (4d) The Contractor consultant will include or have included a this Section 3 clause in every subcontract for work work, if applicable, in connection with the project. The Contractor shallproject and will, at the direction of the Cityapplicant for or recipient of Federal financial assistance, take appropriate action pursuant to any the subcontract upon a finding that the subcontractor is in violation of this Section 3 clauseregulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135. The Contractor shall 135 and will not let any subcontract unless the subcontractor has first provided the Contractor it with a preliminary statement of ability to comply with the requirements of this Section 3 clausethese regulations. (5e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD the Department issued thereunder hereunder prior to the execution of this Agreement the contract, shall be a condition of the federal Federal financial assistance provided to the project. These provisions are , binding upon the Cityapplicant or recipient for such assistance, its contractors and subcontractors, their successors and assigns. Failure to fulfill these requirements shall subject the Cityapplicant or recipient, its contractors and subcontractors, their and its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. (6) The Contractor shall have completed, signed and delivered a Voluntary Compliance Form (provided by the City) to the Director prior to the execution of this Agreement.

Appears in 2 contracts

Samples: Agreement for Civil Engineering Services, Agreement for Professional Architectural Services

Section 3 of the Housing and Urban Development Act of 1968. (1) The work to be performed under this Agreement is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development (HUD). Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. §1701u, "Section 3") and implementing regulations at 24 CFR Part 135 apply to the Agreement. Under Section 3, to the greatest extent feasible, for any contract award in excess of $100,000, the Contractor shall give opportunities for training and employment to lower-income residents of the City 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 City. (2) The Contractor will comply with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Agreement. The Contractor certifies and agrees that there is no contractual or other disability which would prevent compliance with these requirements. (3) The Contractor shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the labor organization or workers' representative of the commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include or have included a Section 3 clause in every subcontract for work in connection with the project. The Contractor shall, at the direction of the City, take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of this Section 3 clause. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135. The Contractor shall not let any subcontract unless the subcontractor has provided the Contractor with a preliminary statement of ability to comply with the requirements of this Section 3 clause. (5) Compliance with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement shall be a DocuSign Envelope ID: 3D41A41B-FF47-4D67-9005-F69495B5A611 condition of the federal financial assistance provided to the project. These provisions are binding upon the City, its contractors and subcontractors, their successors and assigns. Failure to fulfill these requirements shall subject the City, its contractors and subcontractors, their successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided. (6) The Contractor shall have completed, signed and delivered a Voluntary Compliance Form (provided by the City) to the Director prior to the execution of this Agreement.

Appears in 1 contract

Samples: Agreement for Professional Planning Services

Section 3 of the Housing and Urban Development Act of 1968. (1) The work to be performed under this Agreement contract is on a project assisted under a program providing federal financial assistance from subject to the Department requirements of Housing and Urban Development (HUD). Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. §1701u, ". Section 3") and implementing regulations at 24 CFR Part 135 apply to the Agreement. Under Section 3, 3 requires that to the greatest extent feasible, for any contract award in excess of $100,000, the Contractor shall give opportunities for training and employment be given to lower-lower income residents of the City project area and shall award contracts for work work, in connection with the project project, be awarded to business concerns which are located in in, or owned in substantial part by by, persons residing in the City. (2) area of the project. The Contractor parties to this contract will comply with the provisions provision of said Section 33 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 00 XXX 000, and all applicable rules and orders of HUD the Department issued thereunder prior to the execution of the Agreementthis contract. The Contractor certifies parties to this contract certify and agrees agree that there is they are under no contractual or other disability which that would prevent compliance them from complying with these requirements. (3) . The Contractor shall consultant will send to each labor organization or representative of workers workers, if applicable, with which it 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 his commitments under this Section 3 clause clause, and shall post copies of the notice in conspicuous places place available to employees and applicants for employment or training. (4) . The Contractor consultant will include or have included a this Section 3 clause in every subcontract for work work, if applicable, in connection with the project. The Contractor shallproject and will, at the direction of the Cityapplicant for or recipient of Federal financial assistance, take appropriate action pursuant to any the subcontract upon a finding that the subcontractor is in violation of this Section 3 clauseregulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135. The Contractor shall 135 and will not let any subcontract unless the subcontractor has first provided the Contractor it with a preliminary statement of ability to comply with the requirements of this Section 3 clause. (5) these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD the Department issued thereunder hereunder prior to the execution of this Agreement the contract, shall be a condition of the federal Federal financial assistance provided to the project. These provisions are , binding upon the Cityapplicant or recipient for such assistance, its contractors and subcontractors, their successors and assigns. Failure to fulfill these requirements shall subject the Cityapplicant or recipient, its contractors and subcontractors, their and its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. (6) The Contractor shall have completed, signed and delivered a Voluntary Compliance Form (provided by the City) to the Director prior to the execution of this Agreement.

Appears in 1 contract

Samples: Agreement for Civil Engineering Services

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Section 3 of the Housing and Urban Development Act of 1968. (1) The work to be performed under this Agreement is on a project assisted under a program providing federal financial assistance from the Department of Housing and Urban Development (HUD). Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. §1701u, "Section 3") and implementing regulations at 24 CFR Part 135 apply to the Agreement. Under Section 3, to the greatest extent feasible, for any contract award in excess of $100,000, the Contractor shall give opportunities for training and employment to lower-income residents of the City 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 City. (2) The Contractor will comply with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Agreement. The Contractor certifies and agrees that there is no contractual or other disability which would prevent compliance with these requirements. (3) The Contractor shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the labor organization or workers' representative of the commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (4) The Contractor will include or have included a Section 3 clause in every subcontract for work in connection with the project. The Contractor shall, at the direction of the City, take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of this Section 3 clause. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135. The Contractor shall not let any subcontract unless the subcontractor has provided the Contractor with a preliminary statement of ability to comply with the requirements of this Section 3 clause. (5) Compliance with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of this Agreement shall be a condition of the federal financial assistance provided to the project. These provisions are binding upon the City, its contractors and subcontractors, their successors and assigns. Failure to fulfill these requirements shall subject the City, its contractors and subcontractors, their successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided. (6) The Contractor shall have completed, signed and delivered a Voluntary Compliance Form (provided by the City) to the Director prior to the execution of this Agreement.. DocuSign Envelope ID: E27BB58C-74AF-47AF-BA25-4C4792676C6A

Appears in 1 contract

Samples: Agreement for Professional Planning Services

Section 3 of the Housing and Urban Development Act of 1968. (1) A. The work to be performed under this Agreement contract is on a project assisted under a program providing federal financial assistance from subject to the Department requirements of Housing and Urban Development (HUD). Section section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. §1701u§ 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, "Section 3") and implementing regulations at 24 CFR Part 135 apply to the Agreement. Under Section 3shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for any housing. B. The parties to this contract award agree to comply with HUD’s regulations in excess 24 C.F.R. part 135, which implement section 3. As evidenced by their execution of $100,000this contract, the Contractor shall give opportunities for training and employment parties to C. The Contractor/Subcontractor agrees to lower-income residents of the City 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 City. (2) The Contractor will comply with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution of the Agreement. The Contractor certifies and agrees that there is no contractual or other disability which would prevent compliance with these requirements. (3) The Contractor shall send to each labor organization or representative of workers with which it the Contractor/Subcontractor has a collective bargaining agreement or other contract or 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 shall will post copies of the notice in conspicuous places available to at the work site where both employees and applicants for training and employment or trainingpositions 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. (4) D. The Contractor will agrees to include or have included a Section this section 3 clause in every subcontract for work subject to compliance with regulations in connection with the project. The Contractor shall24 C.F.R. part 135, at the direction and agrees to take appropriate action, as provided in an applicable provision of the Citysubcontract or in this section 3 clause, take appropriate action pursuant to any subcontract upon a finding that the subcontractor is in violation of this Section 3 clausethe regulations in 24 C.F.R. part 135. The Contractor will not subcontract with any subcontractor where it the subcontractor has notice or knowledge that the latter subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. E. The Contractor/Subcontractor will certify that any vacant employment positions, including training positions, that are filled: (1) after the contractor/subcontractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor/Subcontractor’s obligations under 24 CFR Part C.F.R. part 135. F. Noncompliance with HUD’s regulations in 24 C.F.R. 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. The Contractor Section 7(b) requires that to the greatest extent feasible: (i) preference and opportunities for training and employment shall not let any subcontract unless be given to Indians, and (ii) preference in the subcontractor has provided 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 Contractor with a preliminary statement provisions of ability section 3 and section 7(b) agree to comply with the requirements of this Section section 3 clause. (5) Compliance with the provisions of Section 3, and all applicable rules and orders of HUD issued thereunder prior to the execution maximum extent feasible, but not in derogation of this Agreement shall be a condition of the federal financial assistance provided to the project. These provisions are binding upon the City, its contractors and subcontractors, their successors and assigns. Failure to fulfill these requirements shall subject the City, its contractors and subcontractors, their successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is providedcompliance with section 7(b). (6) The Contractor shall have completed, signed and delivered a Voluntary Compliance Form (provided by the City) to the Director prior to the execution of this Agreement.

Appears in 1 contract

Samples: Professional Services

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