HomeMy WebLinkAboutExhibitHOUSING AND URBAN DEVELOPMENT ACT OF 1968
SECTION 3 P
F
THE CITY ORMJAMI, FLORIDA
DEPARTMENT OF C0� M E Y DEV)ELOPMENT
s SEPTEMBR'R Zffaorr
OFFICE OF ECONOMIC OPPORTUNITY
FAIR HOUSING EQUAL OPPORTUNITY
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
General Policy Statement
It is the policy of the City of Miami to require its contractors to provide equal employment
opportunity to all employees and applicants for employment without regard to race, color,
religion, sex, national origin, disability, veteran's or marital status, or economic status. The
City implements this policy through the awarding of contracts to contractors, vendors, and
suppliers, to create employment and business opportunities for residents of the City and
other quali ied low- and very low-income persons residing in low -moderate income areas.
The policy shall result in a reasonable level of success in the re =ztment, employment, and
utilization of low -moderate income residents and other elimiT, ersons and business by
contractors working on contracts partially or wholly Inde l , 'th the United States
Department of Housing and Urban Development (HUD monies. Th shall examine and
consider a contractor's or vendor's potential for s, Ices y provi i : g employment and
business opportunities to low -moderate income r sidents prior to actin any proposed
contract award.
Section 3 Purpose
Section 3 of the Housing and Urban DF,9-,&p
u) requires the City of Miami to ensure -
opportunities generated by the Departnign
Ilk
inancial assistance, to the greatest extente,
and other low-income p " particularl "
and business concerns To"°:'de econom
persons.
hent Act of 1T6 -B, as amended (12 U.S.C. 1701
loyment an dat . ,=economic and business
sing and ran Development (HUD)
sibl cted to public housing residents
recipients overnment housing assistance,
opportune ies to low- and very -low income
The &-mo
f Miami will n � rpoiat e -ion 3 in all procurements generated for use with
HUDg andfollo al req ements set forth in 24 CFR Part 135 for awarding
contracts ection 3 Business Concerns.
All contractors/ usinesse seeking Section 3 preference must before submitting
bids/proposals to City, be required to complete certi ications, as appropriate, as
acknowledgement of. e Section 3 contracting and employment provisions required by this
section. Such certi ica ons, issued by the Miami -Dade Public Housing Agency ("MDPHA"),
shall be adequately supported with appropriate documentation as referenced in the form.
2
Section 3 Plan
The City of Miami has developed this Section 3 Action Plan to identify the applicability of
provisions of 24 CFR Part 135 objectives, and actions that will be implemented to ensure
compliance with the requirements of Section 3. Since the Plan only covers the City's
Community Development Department Program, it is limited to CDBG, HOME, HOPWA, and
ESG housing construction, housing rehabilitation, and public improvement construction
projects.
Section 3 Employment & Training Goals
It is the policy of the City of Miami to utilize resident:
and businesses in contracts partially or wholly furided
Housing and Urban Development (HUD). The Cid
goals that contractors and subcontractors, includii
income employment opportunities through economic
in order to comply with Section 3 requirements. (Re:
goal for meeting the greatest extent feasibl �` uireme
The employment and training goal is thirtyp
hires in any iscal year.
It is the responsibility of contractors, vend
efforts to attain Section'3 compliance. Any
numerical goals must de o tra by n�;
submitting bids org proposalstoathe Ctty-of N
with the ...eauirements of Section 3,
and other Section 32eligible persons
viftmonies from these Department of
nt).
Th
e employment `and training
e providing low to moderate
)pment activities, should meet
'24 CFR 135.30 — Numerical
aggregate number of new
and suppliers to implement progressive
tractor that does not meet the Section 3
he goals were not feasible. All contractors
i are required to certify that they comply
The Section 3 Contract Clause specig the requirements for contractors hired for Section 3
coveredects. The Sects 3 Clause must be included in all Section 3 covered projects.
The Section 3 Contract Clauis attached to this plan as Exhibit "C".
The MDPHA will certify Section 3 program participants who reside in the City of Miami and
who are seeking preference in training and employment. A copy of the Section 3 Resident
Preference Claim form can be obtained from the MDPHA.
3
Resident Hiring Requirements
The City of Miami has adopted a 30% goal for resident hiring that is to be used on
construction contracts (Reference 24 CFR 135.30 — Numerical goal for meeting the
greatest extent feasible requirement). It is expected that an appropriate number of
residents with particular quali ications or a willingness to begin unskilled labor will be able
to participate in the City of Miami contracted labor efforts. A prime contractor may satisfy
City of Miami resident hiring requirements through its subcontractors.
It is not intended for contractors and subcontractors to terminate existing employees, but to
make every effort feasible to employ Section 3 program participants before any other
person, when hiring additional employees needed to complete proposed work to be
performed with HUD (federal) funds. I
The City of Miami will assist contractors with little or no experience in achieving Section 3
hiring and contracting goals by:
Requiring the contractor to present a list; to theSection 3 Coordinator, of the number of
subcontracting and/or employment opportumtiesee ected to b generated from the initial
contract.
Section 3 CoordinatUM.hprovide the -contractor a list of interested and
quali ied Section 3 residents for o struction projects or will direct the contractor to the
MDPHA personnel`resp Bible for maintaining 411 -dist,
Section;3 Coordinatblf 11 provide�coritractor with a list of Section 3 business
concerns nterestedk41q§
quali ied�or construction projects or will direct the contractor to
the MDPHA personnponsiblezfoxmaintaining said list.
Section 3 Coordinator- will inform contractor of known issues that might affect
Section 3 residents from per orming job related duties.
Section 3 Coordinator will review the new hire clause with contractors and
subcontractors to ensure'that the requirement is understood.
Preference for Contracting with Section 3 Business Concerns
The City of Miami has adopted a goal of at least three percent (3%) of the total dollar
amount of Section 3 covered contracts to be awarded to Section 3 Business Concerns.
(Reference 24 CFR 135.30 — Numerical goal for meeting the greatest extent feasible
requirement).
6, .;_.
The City of Miami, in compliance with Section 3 regulations, will reuire`contractors and
subcontractors to direct their efforts towards contracts to Sectibh3 business concerns in
the following order to priority: Z
• Category 1: Business concern that is a certi
more owned by a resident of the service a
being performed.
• Category 2: Business concern that is a certi ie
more owned by a resident of the City of Miami.
• Category 3: Business concern whds:e permanent wor
of Section 3 residents.
• Category 4:: HUD Youthbuild programs: being carries
which Section 3 coverssistance ise pended.
Contractors and sudor
efforts to achieve the nu
Contractor and subco
=r
requirements in this s
business and it is 51% or
borhood where;the work is
ness and if is 51% or
udes not less that 30%
in the City of Miami in
rs are expected to extend to the greatest extent feasible,
al g als establishgd`by the City of Miami.
can clearly demonstrate how they will meet the
given a contracting preference when selecting a
Any business seekmgSection 3 preference in the awarding of contracts or purchase
agreements with the City of Miami must be able to provide a copy of the MDPHA Section 3
certi ication letter as evidence of eligibility for preference under the Section 3 Program. The
certi ication and/or letter shall be submitted along with bid packages.
Each applicant, recipient, contractor, and subcontractor on a Section 3 covered project shall
sign the attached Section 3 Assurance of Compliance (Exhibit "A").
Efforts to Award Contract Opportunities to Section 3 Business Concerns
The City of Miami, the contractors and subcontractors may use any or all of the following
methods to notify and contract with Section 3 business concerns when contracting
opportunities exist.
• Advertise contracting opportunities via newspaper, m
provide general information about the work to be conte
additional information. "AQV'
• Provide written notice of contracting opportuniti6gito
concerns. The written notice will be providedduuf idie
concerns the opportunity to respond to the bid invitatio
• Coordinate pre-bid meetings at which the Section 3-bu
informed of upcoming contracting opportunities in a v
• Conduct workshops on the City of Miami contracting p
3'posting notices that
and where to obtain
all known Section 3 business
at time to>enable business
iness concerns would be
ice. r
ocedures to include
bonding, insurance, and other pertinent requireme'fints, in a timely manner in an
effort to allow Section 3 business.concerns the oppoktunity to take advantage of any
upcoming contracting opportunities _
t
• Contact the Miami -Dade Public IfousingEARLency, contractof associations and
community organizations to inform them o c tracting opportunities and to request
their assistance in identifying Section businesses
• Establish rel
a oris S . 'th the Sma V
usiness Administration (SBA), Minority and
Women's BusnEss Enterprise M/WBE association, Community Development
Corporations a%d other sources as neces sary�to assist SPHA with educating and
mentoring residentsnwitha desire to start h it own businesses.
• Seek out referral sour ces in Rder to ensure job readiness for public housing
residents through on-the:jjob trai ng (OJT) and mentoring to obtain necessary skills
tliat will transfe unto the external labor market.
Develop resources'or seek out training to assist residents interested in starting
theirpgwn businesse fo learifto prepare contracts, prepare taxes, obtain licenses,
bond rand insurari'ce.
0
Economic Opportunity Plan For Utilization of Project Area Businesses
Each applicant, recipient, contractor, and subcontractor preparing to undertake work
pursuant to a Section 3 covered contract shall develop and implement an of irmative
action plan, which shall:
(a) Set forth the approximated number and dollar value of all contracts proposed
to be awarded to all businesses within each category (type or profession)
over the duration of the Section 3 covered project._
(b) Analyze the information set forth in pa
eligible business concerns within the
professions or occupations identi ied as n
over the duration of the Section 3�&ered p
and the availability of
�a doing business in
graph (a) and set forth
each category
(c) Outline the anticipated program to belOused'to achieve the goals for each
business and/or professional category identi ied. This program should
include but not be limlted'to the following actidns
(1) Insertion in the bi'&.documents, if any, ofthe of irmative action plan
of the applicant, recipieWm-
nt, contractor,. `or subcontractor letting the
contract: and_.
�,
nti icc
tion 3
i within the,, bid documents, if any, of the applicable
ject area. `t -'g
it they appropriate business concerns are noti ied of
tractual opportunities either personally or through
d:,media.
attached as Exhibit "B".
7
Contractor's Requirements in Emploving Section 3 participants:
Under the City of Miami Section 3 Program, contractors and subcontractors are required to:
• Provide employment opportunities to Section 3 residents/participants in the priority
order listed below:
a) Category 1- Section 3 Resident
Residents of the housing development or developm
contract shall be expended. _ .
b) Category 2 - Section 3 Resident g'
Section 8 residents as well as all other City ofMiami
vicinity of the project who meet the into nevguf elin
preference (refer to Section 3 Incon1E`)•I its
c) Category 3 - Section 3 Residenf- '
Participants in HUD Youthbuild pro
boundary area,
mts,,for which the
residents residing in the
es for Section 3
r
ed out in the project
d) Category 4 - Section 3 Resident
4
Section 8 residents as well as a-14idents r'ding in the City of Miami
who meet the income guidelines for Section,3 preference (refer to Section 3
M"MIncome Limits) v
f
FWA4- `^
• After the award contrac s, the contractor must, prior to beginning work, inform
Section 3 participants of the develop meAat which the work will be performed, by
providing the following$='r
o names of the Section 3 business concerns to be utilized,
o estimates of the�.number of employees to be utilized for contract,
o projectNnumof available positions, to include job descriptions and
Oth
wage rafes„(constr%ction wages consistent with Davis Bacon),
o efforts that=will b utilized to seek Section 3 participants.
o� Contractors must notifythe Section 3 Coordinator of their interests
QE,regarding employmen of Section 3 participants prior to hiring.
o Document the performance of Section 3 participants (positive and
negattve
g ding punctuality, ty, attendance, etc., and provide this
information to the City of Miami Section 3 Coordinator.
Bidding and Negotiation Requirements
Every applicant and recipient shall require prospective contractors for work in
connection with Section 3 covered projects to provide, prior to the signing of the
contract, a preliminary statement of work force needs (skilled, semi -skilled,
unskilled labor and trainees by category) where known; where not known, such
information shall be supplied prior to the signed of any contract between
contractors and their subcontractors. Consideration should be given to those
contractors who will have training and employment opportunities for project
area residents.
When a bidding procedure is used, the invitation or solicitation for bids shall
advise prospective contractors of the requirements of these regulations. When a
Section 3 covered contract is to be awarded based upon the lowest price or by
sealed bids, the Section 3 business concern with the lowest responsive bid shall
be given the opportunity to match the lowest responsive b'i'd from any quali ied
source. If said Section 3 business concern cannot -match the lowest responsive
bid, then the award shall be made to the source, th tRubwest bidder.
Applicant, recipient and contractors should&Einsert plan for utilization of project
area business in the bid documents. THe recipient must ha e= ndicated therein
that Section 3 applies to the project an`dhat is expected of the �1A11=contractors
who bid a job just show in their bid whatTthey w.lh.do to implement Section 3.
They must in this bid commit themselves ti a goal and show whaf they intend to
do to reach that goal. When the bids are opened, they must be evaluated in terms
of the bidder's responsiveness,to Section 3. Abid which lacks a commitment to
Section 3 or which lacks Wgoal or plan to reach- a goal may be judged
nonresponsive.,,
Applicants, recipients and contractors willensure that the attached Section 3
Clause (Exhibit"" Ct)and Assurance oFf Compliance (Exhibit "A") are made a part of
all contracts. .�
In implementingts a
fiffffiative action plan, each applicant, recipient, contractor,
II make-ta_.;goo'd faith effort to achieve its goal or target
drydollar amount of contracts to be awarded to the eligible
preneurs within each category over the duration of the
9
Section 3 Reporting
Annual Reporting
The City of Miami will report to HUD annual accomplishments regarding employment
and other economic opportunities provided to low and very low income persons under
Section 3. Form HUD -60002 is currently being utilized for reporting accomplishments.
This form may be changed and updated from time to time as'rfequired by HUD and 24
CFR 135.
Monthly Reporting
General contractors and sub -contractors are required to submit to the City a new hires
Section 3 compliance form on a monthly basisf •},
O
Internal Section 3 Complaint Procedure
In an effort to resolve complaints generated due to non-compliance through an internal
process, the City of Miami encourages submittal of such complaints to its Community
Development Director as follows:
• Complaints of non-compliance should be iled in writing and must contain the name of
the complainant and brief description of the alleged violation,— 24 CFR 135.
• Complaints must be iled within thirty (30) calendar ddy-s y after the complainant
becomes aware of the alleged violation.
• An investigation will be conducted if complaint is found to be valid. The City will conduct
an informal, but thorough investigation uaf ording allkinterested parties,: --if any, an
opportunity to submit testimony and/or evidene'=pertinent to the compIamt
If complainants wish to have their co
complaint may be fled with:
Assi
Unite
The complai�nt� Ust I
omission -upon w�Mg
n
Assistant Secretary for
for FairHo
ment of IRo
31 Seventh`
/ashington,
ansidered outside --of the City of Miami a
, r
ing and Equal Opportunity
ing and Urban Development
reet, SW
C20410
�ceived not later than 180 days from the date of the action or
comp1}�jaint is based, unless the time for iling is extended by the
S'S'?Y k
"d cause shown.
I1
De initions
Applicant — Any entity which makes an application for Section 3 covered assistance, and
includes, but is not limited to, any State, unit of local government, public housing agency or
other public body, public or private nonpro it organization, private agency or institution,
mortgagor, developer, limited dividend sponsor, builder, property manager, community
housing development organization, resident management corporation, resident council, or
cooperative association. rn
Assistant — the Assistant Secretary for Fair Housing and
Business Concern — a business entity formed in
licensed under State, county or municipal law to ee
which it was formed.
Contractor - any entity which contracts to perforin;
Section 3 covered assistance, or for work in connection
iance with Sty
in the type of
employment opportunities generated bN-t!he expenditure of
(housing construction, housing rehabilitation, and q, '1m
HOME, HOPWA, and ESG g4K pelled out in 2*C ;R Part 1351-'
ity.
w, and which is
cess activity for
D
the expenditure of
Section 3 covered project.
red Assistance — all
on 3 covered assistance
ments funded by CDBG,
Low-income persons families -(including single persons) whose incomes do not exceed
80 per centum of`themedian income for the area; as determined by the Secretary, with
adjustments for smaller and large famil es, except that the Secretary may establish income
a -�
ceilings higher lower tha- 0 per centum _of the median for the area on the basis of the
Secretary s findings that sucwariations are necessary because of prevailing levels of
construction costs or un su uallyh gh or tow -income families.
Metropolitan Area — a metropolitan statistical area (MSA), as established by the Of ice of
Management" Budget (Miami -Dade County).
New Hires — full time employees for permanent, temporary or seasonal employment
opportunities
Recipient — any entity which receives Section 3 covered assistance, directly from HUD or
from another recipient and includes, but is not limited to, any State unit of local
government, PHA, or other public body, public or private nonpro it organization, private
agency or institution, mortgagor, developer, limited dividend sponsor, builder, property
manager, community housing development organization, resident management
corporation, resident council, or cooperative association. Recipient also includes any
successor, assignee or transferee of any such entity, but does not include any ultimate
12
bene iciary under the HUD program to which Section 3 applies and does not include
contractors.
Section 3—Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. 1701u)
Section 3 Business Concern — a business concern,
1) That is owned by Section 3 resident: or
2) Whose permanent, full-time employees include persons, "at Ieast 511YIO percent of
whom are currently Section 3 residents, or within th-(&years of the date of irst
employment with the business concern were SectionK residents; or
3) That provides evidence of a commitment to suctract in excess of 25 percent of
the dollar award of all subcontractors to be awarded to business concerns that meet
the quali ications set forth in paragraphs 1,613, 2 above.
ItJ Ike-,
IQ
Section 3 Covered Assistance V_
Assistance provided under an HUD community develo merit ro ram that is expended for
p Y � tY p� ��. p g p
work arising in connection with employment, housing rehabilitation, construction, or other
public construction project (which mcludesother buildings or improvements, regardless of
ownership)."
Section 3 Covered Contracts..— a contract or�subcontract( cluding a professional service
contract) awarded byrec` p et
or contractor for work generated by the expenditure of
Section 3 covered assistance, or for work arising in connection with a Section 3 covered
project.
Section 3 cove"red contracts do not include; contracts awarded under HUD's procurement
program,Which are governedO�liy the Federal Acquisition Regulation (FAR). Section 3
covered` contracts also omnot incl' e contracts for the purchase of supplies and materials.
Howeverh enever a contract form:aterials includes the installation of the materials, the
contract constitutes a Section'.3 covered contract.
Section 3 Covered.. Proiecttv. the construction, reconstruction, conversion or rehabilitation
of housing (include reduction and abatement of lead-based paint hazards), other public
construction which incliz�es buildings or improvements (regardless of ownership) assisted
with housing or community development assistance.
Section 3 Resident — an individual who resides in the metropolitan area or non -
metropolitan county in which the Section 3 covered assistance is expended and who is
considered to be a low -to very low-income person.
Subcontractor-- any entity (other than a person who is an employee of the contractor)
which has a contract with a contractor to undertake a portion of the contractor's obligation
13
for the performance of work generated by the expenditure of Section 3 covered assistance,
or arising in connection with a Section 3 covered project.
Very low-income person — families (including single persons) whose income do not
exceed 50 per centum of the median family income for the area, as determined by the
Secretary with adjustments for smaller and larger families, except that the Secretary may
establish income ceilings higher or lower then 50 per centum of the median for the area on
the basis of the Secretary's findings that such variations are necessary because of unusually
high or low family incomes.
14
EXHIBIT A
ASSURANCE OF COMPLIANCE (Section 3, HUD ACT of 1968)
TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LOWER
INCOME PERSONS
A. The project assisted under this (contract) (agreement) is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S. C.
170U. Section 3 requires that to the greatest extent feasible'.opportunities for training
and employment be given to lower income residents of the'project area and contracts
for work in connection with the project be awardedfl'bu ness concerns which are
located in or owned in substantial part by persons residing in the''area of the project.
B. Notwithstanding any other provision of this (contract) (agreement), the (applicant)
(recipient) shall carry out the provisionspf said Section 3 and the regulations issued
pursuant thereto by the Secretary set F0011 n 24 CFR
and�aPart 135 (pub shed in 38
Federal Register 29220, October 23, 1973), ll applicable rules and orders of the
�
Secretary issued thereunder prior to the execution of this (contract) (agreement). The
V4
requirements of said regulationsinclude but are not limited to development and
implementation of an of irmativdl ttion plan for iii business concerns located
' �-9 ,.. ,
within or owned in substantial parBy,persons residing mktl e"area of the project; the
making of a good faith effort, as .die fined by % he regulation, to provide training,
employment and business opportunities requiredbction 3; and incorporation of
the "Section 3 Clause rsp.ecified by Section 135.20 (b�.of the regulations in all contracts
for work in connectionx ith the prof ct. The (applicant) (recipient) certi ies and
agrees that its1under no� tractual or other disability which would prevent it from
complying with these requirements.
C. ComplancoWith the provision of'-Settion 3, the regulations set forth in 24 CFR Part
135; and all
"5p
1661yernmenct
able F els and orders of the Secretary issued thereunder prior to
aM
approval by the ofithe3application for this (contract) (agreement), shall be
a c"Ondition of the Federal ina=ncial assistance provided to the project, binding upon
the (applicant) (recipient), =its successors and assigns. Failure to ful ill these
requirements shall �k subject the (applicant) (recipient), its contractors and
subcontractors, its successors, and assigns to the sanctions speci ied by the (contract)
(agreement),--- and to such sanctions as ares eci ied by 24 CFR Section 135
APPLICANT:
SIGNATURE:
ADDRESS:
DATE:
15
EXHIBIT B
SAMPLE PLAN
CITY OF MIAMI
SECTION 3 ECONOMIC OPPORTUNITY PLAN QUESTIONS
The Section 3 Economic Opportunity Plan must describe the proposed strategies for
achieving the Section 3 training and employment numerical goals, and
subcontracting numerical goals (where subcontracting is allowable in the Bid.)
Please review the information below, and provide yq -r� responses on separate
paper. (A Section 3 Economic Opportunity Plan Instruction Sheet is attached to
further assist you in developing your responses to the information requested
below.) X"_ ..,
1. Identify individual(s) responsible forpaning, implementing ardtr
iacking
QW
the projects' Section 3 training and employment goals. Describe their prior
experience in this area. {
«n
2. Describe efforts (contractor and subcontractor) to be taken to recruit solicit
encourage, facilitate, and hire ublicrhousing and other JDw-income persons.
Identify any private or public r�sou�rc khat will be used.
3. Describe con
applicab
4. Describe plans=,
opportunities fc
,�; ;;f.,
0,UR RESPONSES
PLEASE ATTACH)
FOLLOWING INFO
(1) CO
E
activities to be�faken for recfuiting, soliciting,
ng and selecting Section 3 subcontractors, where
turepect activities in ways that create
on 3 firmftft' ticipation, where applicable.
ZUESTIONS 1-4, WILL CONSTITUTE YOUR PLAN;
At
PLAN DOCUMENT AND ALSO INCLUDE THE
.TION ON YOUR PLAN:
(2) YOUR NAME AND PHONE NUMBER
(3) BID NUMBER AND NAME.
16
SAMPLE PLAN (Cont.)
PLEASE RE -TYPE YOUR OWN FIRM'S PLAN ON YOUR FIRM STATIONERY
FIRM NAME, ADDRESS, TELEPHONE AND FAX NUMBER
Question 41
Identify individuals responsible for planning, implementing, and tracking the
project's Section 3 training and employment goals. Descrb€e ;their prior experience
in this area.
The individual responsible for planning, implementing and traclang the project's
W
Section 3 training and employment goals is Johnff , President (or the appropriate
title of this individual), of name of firm (hereafter referred to as "Contractor" ). He
(or she) will obtain all pertinent informatio to become thoroughlyfam'liar and
ensure contract compliance with the HUD Seetion 3 ,Regulation. John Doe has
worked on construction (or service,whichever4=is {applicable) projects, and is
qualified to administer contractor's Section 3 Econo tkppportunity Plan (Plan.)
Question #2
Describe efforts (contractor and subcontract
encourage, facilitate and hire public hour ng5a d
ft
any private or pubblli_ YY resourrbe that will bee used.
Vatlk
Contractor will take the following steps to Peg!
hire public housing and!oth0,t_flow income persoi
throughout the durationo£the project � � f
aken to recruit, solicit,
income persons. Identify
it, solicit, encourage, facilitate and
s, in the event any vacancies occur
1 Meet with resid nassocia"'o and managers at the public housing site where
Y
work�to take place, {s, and second, at other public housing sites.
2. Schedul - . a time and place for public housing residents to complete job
application .
0 Y
3. Develop a list of .'--`pre-qualified" Section 3 public housing and other low-income
residents who could ill job vacancies that may later become available.
4. Send notices about Section 3 training and employment obligations and
opportunities required for this project to labor organizations.
5. Establish a training program to provide public residents and other low income
residents with the opportunity to learn basic skills and job requirements.
17
SAMPLE PLAN (Cont.)
6. Advertise in major and community newspapers and on job sites for workers who
meet the de inition of a Section 3 resident.
Contractor will establish iles to record and retain written documentation of all
training and employment outreach efforts and resources from agency
representatives and job applicants.
Question #3
(ONLYAPPLICABLE TO FIRMS THAT
Describe the contractor's activities to be takegfio recruiting, soliciting; encouraging,
facilitating and selecting Section 3 subcontractors, where .applicable. F
• Firm Name Page 2 of 3
Contractor will take all feasible measures to recruit, solicit, encourage, facilitate, and
select quali ied Section 3 bus inesN' ubcontracting irms to perform at least 10% of
N_
the project award amount (contractWffil.for each CITY OF MIAMI project for which
Contractor is the successful bidder.
Contractor will
organized by tr
to these organa
such listings):1�
1. Contractor's Resource C'e
rt
2. Small Business Adyministr
3'. Minority Business M elo
Contract understands the
,.
businesses, itis our respons
organizationso6l sted below; to provide lists of irms,
-which
- can perform requed project work (in addition
actor may alsoLcontact other organizations that provide
it, in addition to awarding work to quali ied Section 3
ibility to:
1. Use the contractor's or firms solicitation letter to advertise to the "greatest extent
feasible" to all firms on lists provided to us by the CITY OF MIAMI and other
organizations about the type of work needed to complete each CITY OF MIAMI
project,
2. Advise firms of Contractor's obligation to seek and award work to quali ied
Section 3 businesses, where feasible,
3. Clarify the de inition of a Section 3 resident and business,
18
SAMPLE PLAN (Cont.)
4. Explain how to qualify as a Section 3 business in order to be eligible to receive a
preference from Contractor when subcontractor work is to be awarded, and
5. Provide Section 3 certi ied irms that are quali ied to perform work with an
opportunity to submit price quotations for CITY OF MIAMI project work, and where
inancially feasible, hire such irms as subcontractors.
Documentation of Outreach to ind Eligible Section 3 Subcontracting Firms
1. Contractor will establish iles to record and retain � V�H tten documentation of all
outreach efforts and responses received from organ zal bras and subcontractors who
are contacted. 40k. �..
2. Contractor will fax the CITY OF MIAMI Solicitation Letter to all irms that`'tl
organizations identify, based on each categ r7 work r quired for each project.
3. Contractor will provide CITY OF MIAMI with c pies of its facsimile receipts to
each of the organizations listed in its=Plan and their responses.
4. Contractor will provide CITY OF "MILAM61kcopies of ins facsimile receipts and
responses received from every irm that=is fax X, CITY OF MIAMI project.
5. Contractor will pxoviZTY OF MIAMIN ith an outreach close-out letter for each
project awarded
�that refers' v an attacheloutreach summary report. If Contractor
is unable toem et CITY OF MIAMI's requirement to contract at least 10% of the
award amount to Section3,busin-esses, Contractor will include in its close-out letter
an explanatton as, to why flus require as not met.
6. The outreach s ' ary report referred to in No. 5, above, will list all contacts
made to each organization OFNIF"association, the individual irms subsequently
contactdcategorized trade and the bid amount or other type of responses
received, -"f 6rn each irnI jsimilar to the sample outreach summary report attached
,
to Contractor's PIan.) A F
7. If a irm is non responsive, Contractor agrees to make a second attempt at getting
v,.
them to respond, failing which, Contractor will move on to another company, all of
which will be submitted to the CITY OF MIAMI, and referred to in the outreach
close-out letter and summary report.
Question #4
(ONLYAPPLICABLE TO FIRMS THAT SUBCONTRACT)
Describe plans to structure project activities in ways to create opportunities
for Section 3 irms to participate, where applicable.
19
SAMPLE PLAN (Cont.)
Contractor will make every effort to structure project activities to increase
opportunities for Section 3 businesses. This will be accomplished by sub -dividing
the work into smaller amounts, or by using multiple irms to complete similar
types of work.
Submitted by: Submission Date:
President Name
20
EXHIBIT C
SECTION 3 CLAUSES
The City will ensure that the following clauses are included in all Section 3 covered
contracts. The contractor and subcontractors (where applicable) will be bound by
its provisions.
A. The work to be performed under this contract is subject to the
requirements of section 3 of the Housing andNUrban Development Act of
1968, as amended, 12 U.S. C. 1701u (section 3) - The purpose of section 3 is
to ensure that employment and other economic opportumtes generated by
HUD assistance of HUD -assisted prods covered by section 3vshall, to the
greatest extent feasible, be directedlto. low- and very low -m me pe"rsons,
5
particularly persons who are recipts of,HUD as istance for housin;g.
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
Wim,
of this contract, the parties oUthis contract certify that they are under no
contractual or other impedin nt thatwould prevent them from complying
with the part 135 regulations. Lw
`� Y
C. The contract ro agrees to send tr%ach labor organization or representative
of workers with w is the contracor has a collective bargaining agreement
or other urraerstanEng, if any, a notice advising the labor organization or
1P �-
workers representativeof the contractors commitments under this
,set .3 clause, and wi11`post�.0 es of the notice in conspicuous places at
theiEQlaw
wwor�site where both employees and applicants for training and
employmena osition ,-can-see the notice. The notice shall describe the
. section 3 1 r r6 ffence, sh911 set forth minimum number and job titles subject
to hire, ava ability of apprenticeship and training positions, the
qaii ications f each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall"16A be in.
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 inding 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.
21
E. The contractor will certify that any vacant employment positions, including
training positions, that are illed (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 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.
22
EXHIBIT D
CITY OF MIAMI
SECTION 3
NEW HIRES SECTION 3 MONTHLY COMPLIANCE FORM
This form is distributed to the General Contractor (GC) at the Pre -Construction
Meeting. GC is also required to provide this form to any subcontractor irms they
hire for this project.
Review the information below, check all that apply to:
Project Name
Project Address
Additionally, please review and comply with Step
1. You must sign and date this form for every pay
project and hand deliver:
City of Miami
Department of Commity Development 4
444 SW 2 Avenue, 2n"d`Fl o
Miami, Florida 33,130 or max;
Fax form to (305 1622090 "
2 when---eh,you,ire
complete and sub
the designated Co
Pay
_I have
_I have hired
during the pay
on with this
Sect ron 13 residen t `Wconnection with this project, you must also
ha MONTHLY report (attached) for every pay period worked, to
mtinity De�Mo
ppent Project Manager.
_,.
NTH: _ " from: to:
IMP -
[red any new employees during the pay period/MONTH sped ied.
',=Section 3 employees and/or non -Section 3 employees
T..
)eriod shown here.
_I have taken one or more of the following recruitment steps to hire a Section 3
resident with the highest training and employment priority ranking: (check all that
apply)
_I have advertised to ill vacancy(ies) at the site(s), where work is taking place, in
connection with this project. Below, I have checked the steps I have taken to ind
23
Section 3 low-income residents, from the targeted groups and neighborhoods, to ill
any vacancies.
Placed signs or posters in prominent places at each of the above listed
developments.
_Taken photographs of the above item to document that the above step was
carried out
_Distributed employment lyers to each of the residents at-these`developments
Posted employment lyers to each of the residents at these. -."d- loments
_Contacted City Environmental Specialist or City of Miami employment referrals
and HUT) YouthbuiId Program referrals (if applicable):.`' _
_Contacted U.S. HUD State Of icer at (305)¢536-4421 to. identify any HUD
;4-�
Youthbuild programs currently operating in Miami-DadeX unty; then contacted
these programs for Youthbuild referrals 4..
_Kept a log of all applicants and indicated the reasons why Section 3 residents
who applied were not hired
_Retained copies of any employment appliccaff' completed by public housing
Section 8 certi icate or voucher holders or other Sectton'8 residents
_Sent a notice about Sect on' 3 training and employment requirements and
opportunities to labororganizations or to worker representatives with whom our
irm has a collective W&amiri� or,: other agreement
_S.
at (305) 4
City of Miami
Department of Comm
Attn: Sectin3
444S 2nd Avenue,
Miami, Florida 331=30
Authorized Name:
Title:
Date
ked tems to City of Miami Section 3 representative above
0 an ��'deit to:
Development
Floor
Firm Name:
24