Mississippi Administrative Code › Title 28 - Ports and Airports › Part 309 - Mississippi State Port Authority's Section 3 Plan Port Restoration › Appendix 28-309-B

Current through June 25, 2024
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§ 135.38 - SECTION 3
				CLAUSE
All section 3 covered contracts shall include the following
				clause (referred to as the section 3 clause):
A. The work to be performed under this
			 contract is subject to the requirements of section 3 of the Housing and Urban
			 Development Act of 1968, as amended,
			 12
			 U.S.C. 1701 u (section 3). The purpose of
			 section 3 is to ensure that employment and other economic opportunities
			 generated by HUD assistance or HUD-assisted projects covered by section 3,
			 shall, to the greatest extent feasible, be directed to low- and very low-income
			 persons, particularly persons who are recipients of HUD assistance for
			 housing.
B. The parties to this
			 contract agree to comply with HUD's regulations in 24 CFR part 135, which
			 implement section 3. As evidenced by their execution of this contract, the
			 parties to this contract certify that they are under no contractual or other
			 impediment that would prevent them from complying with the part 135
			 regulations.
C. The contractor
			 agrees to send to each labor organization or representative of workers with
			 which the contractor has a collective bargaining agreement or other
			 understanding, if any, a notice advising the labor organization or workers'
			 representative of the contractor's commitments under this section 3 clause, and
			 will post copies of the notice in conspicuous places at the work site where
			 both employees and applicants for training and employment positions can see the
			 notice. The notice shall describe the section 3 preference, shall set forth
			 minimum number and job titles subject to hire, availability of apprenticeship
			 and training positions, the qualifications for each; and the name and location
			 of the person(s) taking applications for each of the positions; and the
			 anticipated date the work shall begin.
D. The contractor agrees to include this
			 section 3 clause in every subcontract subject to compliance with regulations in
			 24 CFR part 135, and agrees to take appropriate action, as provided in an
			 applicable provision of the subcontract or in this section 3 clause, upon a
			 finding that the subcontractor is in violation of the regulations in 24 CFR
			 part 135. The contractor will not subcontract with any subcontractor where the
			 contractor has notice or knowledge that the subcontractor has been found in
			 violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any
			 vacant employment positions, including training positions, that are filled (1)
			 after the contractor is selected but before the contract is executed, and (2)
			 with persons other than those to whom the regulations of 24 CFR part 135
			 require employment opportunities to be directed, were not filled to circumvent
			 the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24
			 CFR part 135 may result in sanctions, termination of this contract for default,
			 and debarment or suspension from future HUD assisted contracts.
Exhibit "2"
G. With respect to work performed in
			 connection with section 3 covered Indian housing assistance, section 7(b) of
			 the Indian Self-Determination and Education Assistance Act (
			 25
			 U.S.C. 450 e ) also applies to the work to be
			 performed under this contract. Section 7(b) requires that to the greatest
			 extent feasible (i) preference and opportunities for training and employment
			 shall be given to Indians, and (ii) preference in the award of contracts and
			 subcontracts shall be given to Indian organizations and Indian-owned Economic
			 Enterprises. Parties to this contract that are subject to the provisions of
			 section 3 and section 7(b) agree to comply with section 3 to the maximum extent
			 feasible, but not in derogation of compliance with section 7(b).