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they ar.e under no contractual or other impediment, which would prevent them from complying <br /> with the Part 135 regulations. <br /> 23.3 The contractor agrees to send to each labor organization or representative of workers with <br /> which the contractor has a collective bargaining agreement or other contract or understanding, if <br /> any, a notice advising the labor organization or workers' representative of the contractor's <br /> commitments under this Section 3 Clause and shall post copies of the notice in conspicuous <br /> places at the work site where both employees and applicants for training and employment <br /> positions can see the notice. The notice shall describe the Section 3 preference, shall set forth <br /> minimum number and job titles subject to hire, availability of apprenticeship and training <br /> positions, the qualifications for each; and the name and location of the person(s) taking <br /> applications for each of the positions; and the anticipated date the work shall begin. <br /> 23.4 The contractor agrees to include this Section 3 Clause in every subcontract for work in <br /> connection with the project and agrees to take appropriate action, as provided in an applicable <br /> provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is <br /> in violation of regulations in 24 Part CFR 135. The contractor will not subcontract with any <br /> subcontractor where the contractor has notice or knowledge that the subcontractor has been <br /> found in violation of the regulations in 24 Part CFR 135. <br /> 23.5 The contractor will certify that any vacant employment positions, including training positions, <br /> that are filled (1) after the contractor is selected but before the contract is executed, and (2) with <br /> persons other than those to whom the regulations of 24 CFR Part 135 require employment <br /> opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 <br /> CFR Part 135. <br /> 23.6 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination <br /> of this contract for default, and debarment or suspension from future HUD assisted contracts. <br /> ARTICLE 24. - USE OF DISBARRED CONTRACTORS: The Contractor agrees not to hire, employ, or <br /> award subcontracts to, or otherwise engage the services of, any subcontractor during any period of debarment, <br /> suspension, or placement in ineligibility status of 24 C.F.R., Part 24. Use of such subcontractors may require <br /> the Contractor to repay the County and funds paid to such persons. <br /> ARTICLE 25. - HOLD HARMLESS: The Contractor and Owner covenant and agree to indemnify <br /> Pasco County and all of its officers and agents from any and all liability, claims, actions, suits, or demands by <br /> any person, firm, or corporation for injuries, death, or property damage arising out of or in connection with the <br /> work to be performed by the Contractor. <br /> ARTICLE 26. - ADDITIONAL WORK: The Owner agrees not to have any other Contractor do any <br /> other work on the property during the period of this contract. This does not include the Owner doing work on <br /> their own behalf. <br /> gs /construction work contract -7- Revised 8/3/09 <br />