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03-14-11 Council Agenda & Packet
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03-14-11 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 REQUIREMENTS5' (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$100,004 are subject to the Section 3 <br /> requirements outlined in 24 C.F.R. Part 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 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 /> 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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