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01-10-11 Council Agenda & Packet
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01-10-11 Council Agenda & Packet
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(Ord. No. 7811 -87, § 1) <br />Revision to: <br />ARTICLE 2. AFFIRMATIVE ACTION IN EMPLOYMENT <br />(Revised to include Section 3 Language) <br />See. 14.5 -5. HUD "SECTION 3 REQUIREMENTS" (24 C.F.R. Part 135) IN THE <br />PROVISION OF TRAINING EMPLOYMENT AND BUSINESS OPPORTUNITIES <br />Borrowers receiving more than $200,000 of federal funds for a project and any contractor or <br />subcontractor with a contract on such a project in excess of $100,000 are subject to the Section 3 <br />requirements outlined in 24 C.F.R. fart 135. All Section 3 covered contracts shall include the <br />following clause (referred to as the "Section 3 Clause "): <br />(1). The work to be performed udder this contract is subject to the requirements of section 3 of <br />the housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). <br />The purpose of Section 3 is to ensure that employment and other economic opportunities <br />generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the <br />greatest extent feasible, be directed to low- and very low- income persons, particularly persons <br />who are recipients of HUD assistance for housing. <br />(2). The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, <br />which implement Section 3. As evidenced by their execution of this contract, the parties to this <br />contract certify that they are under no contractual or other impediment that would prevent them <br />from complying with the part 135 regulations. <br />(3). The contractor agrees to send to each labor organization or representative or workers with <br />which the contractor has a collective bargaining agreement or other understanding, if any, a <br />notice advising the labor organization or workers representative of the contractor's commitments <br />under this Section 3 clause, and will post copies of the notice in conspicuous places at the work <br />site where both employees and applicants for training and employment positions can see the <br />notice. The notice shall describe the Section 3 preference, shall set forth minimum number and <br />job titles subject to hire, availability of apprenticeship and training positions, the qualifications <br />for each; and the name and location of the person(s) taking applications for each of the positions; <br />and the anticipated date the work shall begin. <br />(4). The contractor agrees to include this Section 3 clause in every subcontract subject to <br />compliance with regulations in 24 C.F.R. part 135, and agrees to take appropriate action, as <br />provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding <br />that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The contractor will <br />not subcontract with any subcontractor where the contractor has notice or knowledge that the <br />subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. <br />(5). The contractor will certify that any vacant employment positions, including training <br />positions, that are filled (1) after the contractor is selected but before the contract is executed, <br />and (2) with persons other than those to whom the regulations of 24 C.F.R. part 135 require <br />
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