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Home My WebLink AboutResolution No. 2012-22 RESOLUTION NO. R2012-22 A RESOLUTION TO ADOPT A SECTION 3 PLAN TO COMPLY WITH SECTION 3 OF THE HOUSING AND URBAN DEVELOPM�NT ACT OT 1968 (12 U.S.C. 1701u) AS IT APPLIES TO THE CITY OF TRI�NDSWOOD'S COMMUNITY DEVELOPM�NT BLOCK GRANT — DISASTER RECOVERY FUND�D PROJECTS, AND REPEALING ALL OTHER R�SOLUTIONS INCONSISTENT OR IN CONFLICT HEREWITH. WHEREAS, Section 3 of the Housing aud Urban Development Act of 1968, as amended, and HUD's regulations in Title 24 CFR Pait 135 require that recipients of HUD financial assistance in excess of $200,000, to the greatest extent feasible, provide training and employment opportunities to low income residents and contract oppoirtunities to businesses in the project area; and WH�REAS, Section 3 regulations apply to the City's infiastructure projects funded by the Community Development Block Grant-Disaster Recovery (CDBG-DR); and WHEREAS, the City has developed a Section 3 Plan to outline the affinnative actions to be taken to comply with Section 3 regtilations. NOW, THEREFORE, BE IT R�SOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That the City Council does hereby authorize the adoption and implementation of the Section 3 Plan as fiilly set forth on the attached Exhibit "A." PASSED, APPROVED, AND ADOPT�D this the lst day of October, 2012. > �1,��'� �-`'� Kevin M. H lland Mayor �� ATTEST: �UO�.e,�-�-�1.�'��Q�.•F �Rl��'•. Melinda Welsh, TRM��.••"""�OS• . City Secretaiy '� •.� ' �U �� .p: :�' •�• •'9T�••. .. •'P5. , .... '••.�FTEy:••. x2oiz-zz 2 R2012-22 Exhibit A �X��e�r«A„ Section 3 Plau City of Friendswood The City of Friends�vood lias developed this Section 3 Plan in compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and HUD's regulations in Title 24 CFR Part 135 —Economic Opportunities for Low- and Very Lo�v-Income Persons. The plan provides action steps to ensure that employment and other economic opportunities generated by HUD financial assistauce through the Community Development Block Grant—Disaster Recovery(CDBG-DR) program will, to the greatest extent feasible, benefit Sectiou 3 Residents aud Section 3 Business Concerns in the areas in which the City's CDBG-DR projects are performed. I. Section 3 Goals The City and its contractors may demonstrate compliance with the "greatest eYtent feasible"(CFR 24 §135.30) requirement of Sectiou 3 by meetivg HUD's numerical goals for providing training, employment, and contracting oppoi�timities to Section 3 Residents and Section 3 Business Concerns. The minimum numerical goals are: • 30%of total number of new hires as Section 3 Residents; • 10%of all construction contracts awarded to Section 3 Business Concerns; • 3%of all non-construction contracts awarded to Section 3 Business Concerns. Sectio�7 3 Residerrts Residents who live in the service area where a Section 3 project is located wlio are either: • Public housing residents including persons with disabilities; • Low-income or very-low-income person(s) who live in the metropolitan statistical area or non-metro couuty area of the project; • HUD Youthbuild program participants; • Homeless, defined under McKinney Act (42 U.S.C. 11301 et seq.). Persons are considered low-income if their household incomes do not exceed 80 percent of the median income for the area. Persons are considered very-low income if their household incomes do not esceed 50 percent of the median income for the area. SecNorr 3 Bi�snTess Concerns Businesses that are: • Owned by 51%or more by Section 3 Residents; or • Employ at least 30% of employees who qualify as Section 3 Residents (or within 3 years of the date of first employment�vith the business concern were Sectioii 3 Residents); or 1 • Commit to subcontract in eacess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet one of flie first hvo qualifications above. II. Efforts to Contract with Section 3 Business Concern Prime ConU•actors The Ciry will solicit Section 3 Business Concerns to coutact the Cit��'s Section 3 Coordivator for indusion iu a list of certified Section 3 Business Concerus that will be notified about Section 3 contractiug oppoi1unities related to its CDBG-DR fimded projects. It will publish notices about upcoming bid opportunities and invite Section 3 Business Concerns to identify themselves a��d complete a Section 3 Business Concern self-ceitification form. The notices may be published on the City's�vebsite and in the local uewspaper, and distributed to the local Workforce Solutions office, community oiganizations, the Small Business Administration, and minority and women business associations. The City �vill maintain a list of local ce�tified Section 3 Business Concerns based on this solicitation. It may also use other lists of Section 3 Business Concerns, such as the lists maintained by the General Land Office and the City of Houston. Prior to adveitising bids, the City will notify its list of Section 3 Business Concerns about upcoming Section 3 contcacting opportimities and requirements. Invitations for bids will be advertised in local newspapers and on the City's website, and will be distributed to the local Workforce Solutions office, community organizations, the Small Business Admiuistration, and minority and women business associations. Bid advertisements will discuss Section 3 economic oppo�rtunities and requireme�lts. Bid packages will include the Conh•nctor Ce�7ifrcation ofEffo�7s to Fully Comply ivith Einployrnet�l mr�l Trninir�g Provrsrons of Sectrorr 3 form, and all bidders �vill be required to complete it. ASectim� 3 Bt�siness Cor�cerr�Self-Certifrcallon form�vill also be included aud Section 3 Busiuess Concerns will be asked to complete it with their bid response. Bid packages will also include the Section 3 clause (24 CFR 135.38), which specifies that the work to be pecformed under the contract adlieres to Section 3 requirements. Section 3 ecouomic opportunities and requirements for contractors�vill be discussed at pre-bid meetings. Before contract a�vards are made, the City will verify that contractors are not identified by HCTD as Section 3 regulation violators. III. Efforts to Promote Subcontracts with Sectio�� 3 Business Coucerns and Employment Oppm�tuuities for Section 3 Residents After bid a�vards, the City will provide Section 3 training to its contractors for Section 3 projects. It will educate them on their Section 3 responsibilities, includi��g effoits to subcovtract with Section 3 Business Coucerns and hire Section 3 Residents, the Section 3 numerical goals, 2 inclusion ofthe Section 3 clause in their subcontracts, and reporting requirements. Training will be provided at bid openings, pre-construction conferences, and ongoiug construction meetings. The City will include tlie Section 3 clause (24 CFR 13538) in its prime contracts, specifying the work perfonned under the contract adheres to Section 3 requirements. This clause includes a provision requiring contractors to agree not to subcontract with any subcontractor where the contractor has notice or knowledge that a subcontractor has been found in violation of Section 3 regulations. Tlie City will require contractois to provide a workforce needs analysis detailing new hire opportunities for the project, and it will fo��vard the needs analysis to the local Warkforce Solutions office to inform Section 3 Residents of firture job oppo��tunities. It will also require that contractors and subcontractors postjob openings in the area where the project will take place, as �vell as at the local Warkforce Solutions office, public housing authoriry and community o�ganizations. li� addition, all new hire oppoitunities must be posted on WorkInTe�as.com. Contractors must notify flie City's Sectiou 3 Coordinator ofanyjob openings so the City can verify and document that they are properly advertised. The City will post notices at City Hall and on its website regarding potential employment opportunities arising from its CDBG-DR fimded projects along �vith tl�e process for contacting the City for information about the cetrtification process and inclusion in lists of Section 3 �vorkers. The notices will advise Section 3 residents that anyjob vacancies related to the Section 3 pirojects will be posted by contractors on WorkInTexas.com and direct them to register as job seekers�vith WorkInTesas.com or contact the local Workforce Solutions office for assistance. Based on this solicitation, tl�e City will maintain a list of ce�tified Sectio�� 3 residents by h�ade for contractors to use in the hiring process. IV. Contractor Compliance The City will monitw�each contractor for compliance with the Sectiou 3 requirements outlined in their contracts. [n addition to their responsibilities to document efForts to subcontract with Section 3 Business Concerns and hire Section 3 Residents, contractors will be required to submit monthly hiring activity reports to the City. These reports will ideutify the employees hired during the month, their trade, and whether or not they are Section 3 Residents. Contractors will be asked to submit the monthly reports with their pay applications, and payment �vill not be authorized unless they are up-to-date with their reportiug and documentation requirements. V. Reporting 3 Foe CDBG-DR funded projects, the City will maintain documentation of all actions taken to comply witli Section 3 requirements, the results of actions taken, and an� impediments encoiintered. It will inaiutain records of solicitation of bids or proposals, selection materials and contracting documents, as well as contractor job vacancies. The City will timely submit the followiug reports to the General Land Office: • Section 3 Monthly Progress Repo��t • Section 3 Annual Summaiy Report VI. Section 3 Com•�li��ator The City will identify an employee on staff to seive as its Section 3 Coordinator. Tl�e Section 3 Coordinator will be responsible for warking closely with the City's grant administrator to monitor and ensure compliance of its Sectiou 3 activities. 4