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03/05/2019
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03/05/2019
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12/31/2019 12:00:06 PM
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4/5/2019 12:44:59 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/05/2019
Meeting Body
Board of County Commissioners
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DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C <br />Attachment G — Civil Rights Requirements <br />Development Act of 1968, as amended, 12 U.S.C. § 1701u (section 3). The purpose of section 3 is to ensure that <br />employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by <br />section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons <br />who are recipients of HUD assistance for housing. <br />B. The Parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, which implement section <br />3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no <br />contractual or other impediment that would prevent them from complying with the part 135 regulations. <br />C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has <br />a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' <br />representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in <br />conspicuous places at the work site where both employees and applicants for training and employment positions <br />can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job tides <br />subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and <br />location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. <br />D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in <br />24 C.F.R. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract <br />or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part <br />135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that <br />the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135. <br />E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after <br />the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the <br />regulations of 24 C.F.R. part 135 require employment opportunities to be directed, were not filled to circumvent the <br />contractor's obligations under 24 C.F.R. part 135. <br />F. Noncompliance with HUD's regulations in 24 C.F.R. part 135 may result in sanctions, termination of this contract <br />for default, and debarment or suspension from future HUD assisted contracts. <br />G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the <br />Indian Self -Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed <br />under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for <br />training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts <br />shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are <br />subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, <br />but not in derogation of compliance with Section 7(b). <br />Whistleblower Protection <br />The following clause, is required to be included in all federally funded subawards and contracts over the simplified <br />acquisition threshold: <br />Pursuant to Section 828 of Pub. L 112-239, "National Defense Authorization Act for Fiscal Year 2013" and permanently <br />extended through the enactment of Pub. L 114-261 (December 14, 2016), this award, related subawards, and related <br />contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related <br />contracts over the simplified acquisition threshold are subject to the whistleblower right and remedies established at 41 <br />U.S.C. § 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition <br />threshold related to this award, shall inform their employees, in writing, in the predominant language of the workforce, <br />of the employee whistleblower rights and protections under 41 U.S.C. § 4712. This clause shall be inserted in all subawards <br />and in contracts over the simplified acquisition threshold related to this award; best efforts should be made to include this <br />clause in any subawards and contracts awarded prior to the effective date of this provision. <br />52 <br />114 <br />
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