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2004 - 02-02-04 Regular Meeting
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2004 - 02-02-04 Regular Meeting
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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0 6^AX 19 PCE 760 <br />residential structures. To the extent that the subject matter of this contract involves residential <br />structures, the Contractor will comply with the lead-based paint regulations. <br />16. RETENTION AND ACCESS TO RECORDS <br />The contractor shall maintain all records in regard to the execution of this contract and at any time <br />during normal business hours and as often as the Lee County, the US Department of Housing and <br />Urban Development, the North Carolina Department of Commerce and/or the Comptroller General of <br />the United States may deem necessary shall make available for examination all of his records with <br />respect to all matters covered by this agreement and shall permit these agencies to audit, examine <br />and make excerpts. <br />17. SECTION 3 REQUIREMENTS <br />The Section 3 regulations require that every contractor and subcontractor shall incorporate, in all <br />contracts for work the following clause: <br />A. The work to be performed under this contract is on a project assisted under a program <br />providing direct Federal financial assistance from the Department of Housing and Urban <br />Development and is subject to the requirements of Section 3 of the Housing and Urban <br />Development Act of 1968, as amended, 12 U.S. C 1701u. Section 3 requires that to the <br />greatest extent feasible opportunities for training and employment be given lower income <br />residents of the project area and contracts for work in connection with the project be <br />awarded to business concerns which are located in, or owned in substantial part by persons <br />residing in the area of the project. <br />B. The parties to this contract will comply with the provisions of said Section 3 and the <br />regulations issued pursuant thereto by the Secretary of Housing and Urban Development set <br />forth in 24 CFR Part 135, and all applicable rules and orders of the department issued <br />thereunder prior to the execution of this contract. The parties to this contract certify and <br />agree that they are under no contractual or other disability which would prevent them from <br />complying with these requirements. <br />C. The contractor will send to each labor organization or representative of workers with which <br />he has a collective bargaining agreement or other contract or understanding, if any, a notice <br />advising the said labor organization or worker's representative of his commitments under this <br />Section 3 clause and shall post copies of the notice in conspicuous places available to <br />employees and applicants for employment or training. <br />D. The contractor will include this Section 3 clause in every subcontract for work in connection <br />with the project and will, at the direction of the applicant for or recipient of Federal financial <br />assistance, take appropriate action pursuant to the subcontract upon a finding that the <br />subcontractor is in violation of regulations issued by the Secretary of Housing and Urban <br />Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor <br />where it has notice or knowledge that the latter has been found in violation of regulations <br />under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first <br />provided it with a preliminary statement of ability to comply with the requirements of these <br />regulations. <br />E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, <br />and all applicable rules and orders of the Department issued thereunder prior to the <br />execution of the contract, shall be a condition of the Federal financial assistance provided to <br />the project, binding upon the applicant or recipient for such assistance, its successors and <br />assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its <br />contractors and subcontractors, its successors and assigns to those sanctions specified by <br />WORK CONTRACT <br />
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