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APPENDIX <br />ATTACHMENT D-3: DEPARTMENT OF HOUSING & URBAN DEVELOPMENT <br />SECTION 3 CONTRACT CLAUSE <br />CERTIFICATIONS <br />CITY OF SANTA ANA <br />REQUEST FOR PROPOSALS <br />FOR <br />ON -CALL ENGINEERING SERVICES <br />RFP NO.: 14-037 <br />DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) <br />SECTION 3 CONTRACT CLAUSE <br />A. The work to be performed under this contract is subject to the requirements of Section 3 of the <br />Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The <br />purpose of Section 3 is to ensure that employment and other economic opportunities generated <br />by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent <br />feasible, be directed to low- and very low-income persons, particularly persons who are <br />recipients of HUD assistance for housing. <br />B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which <br />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 />C. The contractor agrees to send to each labor organization or representative of 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 <br />commitments under this Section 3 clause, and will post copies of the notice in conspicuous <br />places at the work site where both employees and applicants for training and employment <br />positions can see the notice. The notice shall describe the Section 3 preference, shall set forth <br />minimum number and job titles subject to hire, availability of apprenticeship and training <br />positions, the qualifications for each; and the name and location of the person(s) taking <br />applications for each of the positions; and the anticipated date the work shall begin. <br />D. The contractor agrees to include the Section 3 clause in every subcontract subject to <br />compliance with regulations in 24 CFR 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 CFR Part 135. The contractor will <br />not subcontract with any subcontractor where the contractor has notice or knowledge of that the <br />subcontractor has been found in violation of the regulations in 24 CFR Part 135. <br />E. The Contractor will certify that any vacant employment positions, including training positions, <br />that are filled (1) after the contractor is selected, but before the contract is executed, and (2) <br />with persons other than those to whom the regulations of 24 CFR Part 135 require employment <br />opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 <br />CFR Part 135. <br />Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of <br />this contract for default, and debarment or suspension from future HUD assisted contracts. <br />City of Santa Ana RFP 14.037 <br />Page 28 <br />4 Stani Clty of Santa Ana I Proposal for RFQ No, 14037: On -Coll Engineering Services 36 <br />