Section 3 Compliance Certification
The Section 3 contract threshold for contractors and subcontractors is $100,000. Projects subject to Section 3
requirements include, but are not limited to, housing rehabilitation (including lead-based paint hazard reduction
and abatement, but excluding routine repair and replacement), housing construction, and other public
construction.
Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701, requires that, to the
greatest extent f
easible, opportunities for training and employment be given to low-and very low-income residents of the
project area, and contracts for work in connection with the project be awarded to business concerns that provide economic
opportunities for low-and very low-income persons residing in the metropolitan area in which the project is located.
The applicant agrees to comply with 24 CFR Part 135 and Section 3, when applicable. By entering into an agreement, the
applicant and implementing agency certifies there are no contractual or other impediments preventing compliance with Part
135 regulations. Noncompliance with 24 CFR Part 135 may result in sanctions, contract termination, and debarment or
suspension from future Federal contracts.
The applicant agrees to send to each labor organization or representative of workers with which there is a collective
bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's 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, set forth the minimum number and job titles subject to hire, and detail available
apprenticeship and training positions. The notice shall include the qualifications for these positions, the name and location
of the person(s) taking applications for each position, and the anticipated date work shall begin.
The applicant agrees to include a Section 3 clause in every subcontract subject to compliance with 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable subcontract provision or Section 3 clause, upon finding that
the subcontractor is in violation of 24 CFR Part 135. The applicant will not subcontract with any subcontractor that has been
found in violation of 24 CFR Part 135.
The applicant will certify that any vacant employment positions, including training positions, filled (i) after the applicant is
selected, but before the agreement is executed, and (ii) 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 applicant’s obligations under 24
CFR Part 135.
Work performed in connection with Section 3 covered Indian housing assistance must also comply with Section 7(b) of the
Indian Self-Determination and Education Assistance Act (25 USC 450e). Section 7(b) requires that to the greatest 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. The applicant
agrees to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).
This certification submitted to the City of Dayton Department of Planning and Community Development (P&CD) is a
material representation of fact upon which reliance was placed when entering into a contract agreement. If it is later
determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available,
P&CD may terminate the contract for default and the Subrecipient will be responsible for any repayment resulting from this
erroneous certification.
Date
Signature of Authorized Certifying Official/Representative
Name and Title of Authorized Certifying Official/Representative
Name of Applicant Organization:
CDBG Project Name: