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RES 92028
City of Pleasanton
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RES 92028
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4/30/2012 3:15:52 PM
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7/13/1999 7:56:45 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/4/1992
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EXHIBIT D <br /> ALAMEDA COUNTY AFFIRMATIVE ACTION PLAN <br />UNDER SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 <br /> <br />Purpose <br /> <br /> To insure that to the greatest extent feasible, projects financed by the Alameda <br /> County Housing and Community Development Program provide business and employment <br /> opportunities for businesses in the Alameda County unincorporated project areas and <br /> the Cities of Albany, Dublin, Emeryville, Newark, Piedmont, and Pleasanton. <br /> <br /> In all contracts for work in connection with a Community Development project, the <br /> following clause (referred to as the Section 3 Clause), will be included: <br /> <br />1. The work to be performed under this contract is on a project assisted under a <br /> program providing direct Federal financial assistance from the Department of <br /> Housing and Urban Development and is subject to the requirements of Section 3 of <br /> the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. <br /> Section 3 requires that to the greatest extent feasible, opportunities for <br /> training and employment be given lower income residents of the project area and <br /> contracts for work in connection with the project be awarded to business <br /> concerns which are located in, or owned in substantial part by persons residing <br /> in the area of the project. <br /> <br />2. The parties to this contract will comply with the provisions of said Section 3 <br /> and the regulations issued pursuant thereto by the Secretary of Housing and <br /> Urban Development set forth in 24 CFR Part 135, and all applicable rules and <br /> orders of the Department issued thereunder prior to the execution of this <br /> contract. The parties to this contract certify and agree that they are under no <br /> contractual or other disability which would prevent them from complying with <br /> these requirements. <br /> <br />3. The Contractor will send to each labor organization or representative of workers <br /> with which he has a collective bargaining agreement or other contract or <br /> understanding, if any, a notice advising the said labor organization or worker's <br /> representative of his commitments under this Section 3 clause and shall post <br /> copies of the notice in conspicuous places available to employees and applicants <br /> for employment or training. <br /> <br /> The Contractor will include this Section 3 clause in every subcontract for work <br /> in connection with project and will, at the discretion of the applicant for or <br /> recipient of Federal finance assistance, take appropriate action pursuant to the <br /> subcontract upon a finding that the subcontractor is in violation of regulations <br /> issued by the Secretary of Housing and Urban Development 24 CFR Part 135'. The <br /> contractor will not subcontract with any subcontractor where it has notice or <br /> knowledge that the latter has been found in violation of regulations under 24 <br /> CFR Part 135, and will not let any subcontract unless the subcontractor has <br /> first provided it with a preliminary statement of ability to comply with the <br /> requirements of these regulations. <br /> <br /> Compliance with the provisions of Section 3, the regulations set forth in 24 CFR <br /> Part 135, and all applicable rules and orders of the Department issued <br /> thereunder prior to the execution of the contract, shall be a condition of the <br /> Federal financial assistance provided to the project, binding upon the applicant <br /> or recipient for such assistance, its successor and assigns. Failure to fulfill <br /> these requirements shall subject the applicant or recipient, its contractors and <br /> subcontractors, its successors and assigns to those sanctions specified by the <br /> grant or loan agreement or contract through which Federal assistance is <br /> provided, and to such sanctions as are specified by 24 CFR Part 135. <br /> <br /> <br />
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