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HomeMy WebLinkAboutR14-302RESOLUTION NO. R14 -302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, ADOPTING THE SECTION 3 PLAN TO COMPLY WITH 24 C.F.R., PART 135 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ACT OF 1968, SECTION 3; DECLARING THAT THE POLICY SERVES A PUBLIC PURPOSE; AND AGREEING TO COMPLY WITH REGULATIONS. WHEREAS, the United States Congress passed Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u, Section 3) to further the goal of ensuring that federal funds benefit the residents of projects funded wholly or in part by those funds; and WHEREAS, Part 135 of Section 3 is to establish the standards and procedures to be followed to ensure that the objectives of Section 3 are met; and WHEREAS, the City of Plainview developed a Section 3 Plan in adherence to 24 C.F.R., Part 135 that more comprehensively addresses the standards and procedures prescribed in the Act; and WHEREAS, the City Council finds that such Plan serves a public purpose to ensure that employment and other economic opportunities will be generated consistent with existing Federal, State, and local laws and regulations for the Section 3 residents and businesses; and WHEREAS, the City Council of the City of Plainview finds it in the best interest for the citizens of Plainview that such Plan be adopted and implemented as stated in Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u, Section 3). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Plainview that: The City of Plainview City Council adopts and authorizes the implementation of the attached Section 3 Plan to ensure compliance with Federal Law. Such Plan is attached as Exhibit "A" and incorporated herein. The duties of implementing this policy will be assigned to the Community Development Manager, designated as the Equal Rights Officer. Resolution R14 -302 Page 1 of 8 125 126 PASSED AND APPROVED this 14 day of January, 2014. ATTEST: 1 7 Belinda Hinojosa, City retary APPROVED AS TO CONTENT: Mike Gilliland, Public Works APPROVED AS TO FORM: jJ Leslie Spear Pearce, City Attorney Wendell Dunlap, Mayor Resolution R14 -302 Page 2 of 8 PART ONE: GENERAL INFORMATION. General Intent Statement EXHIBIT "A" CITY OF PLAINVIEW, TEXAS SECTION 3 PLAN FOR THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 "Section 3" refers to Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. 1701u). This Section 3 Plan describes how the City of Plainview will implement the objectives of 24 C.F.R. 135. The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) (Section 3) is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, be directed to low- and very low- income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- to very low- income persons. The City of Plainview's Section 3 Plan shall result in a reasonable level of success in the recruitment, employment, and utilization of the aforementioned persons and businesses through its awards of contracts partially or wholly funded with HUD monies. Implementation of this Plan is designated to the Community Development Manager as Equal Rights Officer. Resolution R14 -302 Page 3 of 8 127 128 Section 3 Applicability The Plan's requirements are limited to contracts meeting all three of the following conditions: 1. Contracts are for housing construction, housing rehabilitation, or public improvement construction projects; and 2. Each contract or subcontract award is in excess of $100,000; and 3. The contract is wholly or partially- funded with HUD funds. Local Requirement The City of Plainview requires its subrecipients, contractors, vendors, and suppliers to provide equal employment opportunity to all employees and applicants for employment without regard to race, creed, color, religion, national origin, sexual orientation, gender identity, disability, sex or age, unless sex or age is a bona fide occupational qualification of employment. PART TWO: CONTRACTING /BIDDING. 1. For contracting opportunities where Section 3 is applicable, the City will incorporate Section 3 provisions in the applicable procurement/bid documents. 2. The procurement/bid documents will require potential contractors to complete certifications acknowledging the Section 3 contracting and employment provisions. 3. Procurement/bid documents will ask potential contractors to provide a list of the number of subcontracting opportunities and /or new employment opportunities expected to be generated from the prime contract. 4. All potential contractors who bid a job must state in their bid what efforts will be made to implement Section 3 requirements. Resolution R14 -302 Page 4 of 8 5. When the bids are opened, they will be evaluated in terms of the bidder's responsiveness to Section 3, and a bid which lacks a commitment to Section 3 or which Tacks a goal or plan to reach a goal, may be judged to be nonresponsive. 6. Each contractor or subcontractor shall make a good faith effort to achieve its Section 3 employment and subcontracting goals for the duration of the Contractor's work on the Section 3 covered project. 7. It will be the responsibility of contractors, vendors and suppliers to implement and document progressive efforts to attain Section 3 compliance. 8. All Prime contractors and subcontractors with contracts over $100,000 shall commit to this Plan as part of their contract work. The contractor's performance shall be monitored with respect to meeting Section 3 requirements and submit reports as required by HUD or Texas Department of Rural Affairs (TDRA) to the Grant Recipient. PART THREE: SECTION 3 BUSINESSES. The City, its subrecipients, contractors and subcontractors are encouraged to use any or all of the following methods to notify and contract with Section 3 Businesses when contracting opportunities exist. 1. Contact local contractor associations and community organizations to inform them of contracting opportunities and to request their assistance in identifying Section 3 Businesses. 2. Provide written notice of contracting /subcontracting opportunities to all known Section 3 Businesses. The written notice should be provided in sufficient time to enable businesses the opportunity to respond to the bid invitation. 3. Coordinate meetings at which the Section 3 Businesses would be informed of upcoming contracting opportunities. Resolution R14 -302 Page 5 of 8 129 130 4. Establish relationships with organizations that assist with educating and mentoring residents with a desire to start their own businesses. 5. Advertise contracting /subcontracting opportunities in the newspaper, web -based sites, mailings, and by posting notices that provide general information about the work to be contracted and where to obtain additional information. 6. Public notices of contracting /subcontracting opportunities in bidding advertisements and bid documents. 7. Information concerning such opportunities distributed to local HUD offices, regional planning agencies, and all other appropriate referral sources. 8. All such solicitations and contracts shall include Section 3 and the requirements. PART FOUR: EMPLOYMENT OF SECTION 3 RESIDENTS The City, its subrecipients, contractors and subcontractors are encouraged to use any or all of the following methods to notify potential Section 3 Residents when employment opportunities exist. • Maintain a list of those persons who have identified themselves as Section 3 residents and contact those persons when hiring /training opportunities are available through either the Grant Recipient or Contractors. • Advertise employment opportunities via newspaper, web -based employment sites, mailings, and by posting notices in public places that provide general information about the work to be performed, the skills needed and where to obtain additional information. • Contact the City of Plainview's Community Services Department, local nonprofits offering job skills training, temporary employment agencies, and the Texas Workforce Commission to inform them of employment opportunities and to request their assistance in identifying potential employees who are Section 3 Residents. Resolution R14 -302 Page 6 of 8 PART FIVE: REPORTING REQUIREMENTS Contractors. General contractors and subcontractors are required to submit a statement certifying whether or not the business is a Section 3 Business Concern. General contractors and subcontractors are required to submit to the City a monthly report on any new hires as a result of the Section 3 covered contract. City of Plainview. The City of Plainview will report to HUD annual accomplishments regarding employment and other economic opportunities provided to low and very low income persons under Section 3 on covered contracts. Form HUD -60002 is currently being utilized for reporting accomplishments. This form may be changed and updated from time to time as required by HUD. The form is for City of Plainview use only. The City of Plainview will submit reports as required by HUD or TDRA regarding contracting with Section 3 businesses and /or employment as they occur. These reports will be submitted within 20 days of calendar year end which identify and quantify Section 3 businesses and employees. PART SIX: DEFINITIONS Business Concern — a business entity formed in accordance with State law, and which is licensed under State, county or municipal law to engage in the type of business activity for which it was formed. Resolution R14 -302 Page 7 of 8 131 132 Contractor — any entity which contracts to perform work generated through expenditure of Section 3 covered assistance, or for work in connection with a Section 3 covered project. 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, Public Housing Agency (PHA), or other public body, public or private nonprofit 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 beneficiary under the HUD program to which Section 3 applies and does not include contractors. 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 for the performance of work generated by the expenditure of Section 3 covered assistance, or arising in connection with a Section 3 covered project. Resolution R14 -302 Page 8 of 8