10B Action 2012 0117 - Laserfiche WebLink

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A. If the Loan and other Federal financial assistance provided to Borrower for the Project from the Department of Housing and Urban Development (HUD) exceeds $200,000, Borrower shall be subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170Iu; the regulations issued pursuant thereto by the Secretary of the Department as set forth in 24 CFR 135, as amended; and all applicable rules and orders of the Department issued thereunder (collectively, "Section 3 "). In the event that Section 3 is applicable to Participant, Section 3 shall also apply to any contractor or subcontractor performing work on the Project where the amount of such contract or subcontract exceeds $100,000. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to Section 3 residents and businesses. A Section 3 resident is defined as a resident of public housing; a very low- income individual or family resident in the metropolitan area, whose income does not exceed 50% of the median family income (adjusted for family size) for the area; or a low- income individual or family resident in the metropolitan area, whose income does not exceed 80% of the median family income (adjusted for family size) for the area. A Section 3 business concern is one that is 51 % or more owned by Section 3 residents; or whose permanent full -time employees include at least 30% Section 3 residents currently or within three years of the date of first employment with the business concern; or that provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to Section 3 business concerns that meet the resident ownership or employment qualifications. B. If applicable to this Agreement, the parties to this Agreement will comply with the provisions of said Section 3 and all applicable rules and orders of the Department issued thereunder. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. Borrower will send to each labor organization or representative of workers with which Borrower has a collective bargaining agreement or other contract or understanding, if any, a notice advising the labor organization or workers' representative of Borrower's commitments under the "Section 3 clause" referenced in 24 CFR 135.38 and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. Borrower will include the Section 3 clause in every Section 3 covered contract or subcontract, as defined in 24 CFR 135.6, and will take appropriate action pursuant to the contract or subcontract upon a finding that the contractor or subcontractor is in violation of regulations issued by the Secretary of the Department. Borrower will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the re- quirements of these regulations. 12. ENVIRONMENTAL CONDITIONS AND HISTORICAL PRESERVATION A. Air and Water 17 5-5895.2 3 9