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01-31-11 Community & Economic Development Com
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01-31-11 Community & Economic Development Com
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
1/31/2011
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(1). The work to be performed under 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 />contracts 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 />employment opportunities to be directed, were not filled to circumvent the contractor's <br />obligations under 24 C.F.R. part 135. <br />(6). Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions, <br />termination of this contract for default, and debarment or suspension from future HUD assisted <br />contracts. <br />Sec. 14.5-10. Diversity Compliance Officer <br />The Mayor shall designate a Diversity Compliance Officer (DCO) or designated Consulting <br />Firm. The DCO's duties will include the following: monitor contractors awarded contracts with <br />the City for construction services for compliance with all applicable Federal, State and Local <br />~ fir- <br />
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