Res. 2197 - Updated Section 3 Plan, LEP Plan, Policy of Nondiscrimination on the Basis of Disability Status COUNCIL BILL NO. 3196
RESOLUTION NO. 2197
A RESOLUTION ADOPTING AN UPDATED SECTION 3 PLAN TO COMPLY WITH 24 CFR,
PART 135 OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 3 REGULATIONS; A LIMITED ENGLISH PROFICIENCY (LEP)
LANGUAGE ACCESS PLAN; A POLICY OF NONDISCRIMINATION ON THE BASIS OF
DISABILITY STATUS; AND REPEALING PREVIOUSLY ADOPTED PLANS AND POLICIES
WHEREAS, the City has been the recipient of certain Community
Development Block Grant (CDBG) funding awards that provide financial
resources from the U.S. Department of Housing and Urban Development (HUD) for
a wide range of community development activities; and
WHEREAS, as a part of receiving CDBG grant funds, the City must adopt
and adhere to certain federal program plans and policies; and
WHEREAS, as part of previous CDBG funding years, the City has adopted
earlier versions of a Section 3 Plan, an LEP Plan, and a Policy of Nondiscrimination
on the Basis of Disability Status, but recognizes that those plans should be updated
and newly adopted as part of a recent CDBG CV-2 grant award (AWARE Food
Bank Project); and
WHEREAS, the United States Congress passed Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701 u) (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, the City of Woodburn has developed a Section 3 Plan in
adherence to 24 CFR, Part 135 that more comprehensively addresses the
standards and procedures prescribed in the Act; and
WHEREAS, the Section 3 Plan has been reviewed by the City of Woodburn
staff and legal counsel and their comments incorporated into the Plan; and
WHEREAS, as a recipient of federal financial assistance as it relates to the
needs of individuals with Limited English Proficiency (LEP) language skills, the City
of Woodburn is also required for purposes of Title VI of the Civil Rights Act of 1964,
42 U.S.C. 2000d, et seq, and its implementing regulations to develop a plan for
meeting the needs of individuals with LEP language skills; and
Page 1 - Council Bill No. 3196
Resolution No. 2197
WHEREAS, the attached Limited English Proficiency (LEP) Language Access
Plan provides updated guidance to the City of Woodburn in meeting the needs
of individuals with Limited English Proficiency language skills; and
WHEREAS, to comply with Section 504 of the Federal Rehabilitation Act of
1973 and the Americans with Disabilities Act, the City must adopt and periodically
publish a Policy of Non-Discrimination on the Basis of Disability Status, NOW,
THEREFORE,
THE CITY RESOLVES AS FOLLOWS:
Section 1. Section 3 Plan. The City Council adopts and implements an
updated the Section 3 Plan to ensure compliance with Federal Law and
Community Development Block Grant project standards and designates the City
Administrator, or person designated by the City Administrator, as the Section 3
Coordinator for the City of Woodburn. The Section 3 Plan is attached to this
Resolution as Exhibit A and is incorporated herein by reference.
Section 2. LEP Language Access Plan. The City Council adopts and
implements the LEP Language Access Plan to ensure compliance with Federal
Law and Community Development Block Grant project standards and to provide
guidance to City staff in meeting the needs and planning to assist individuals with
limited English proficiency. The LEP Plan is attached to this Resolution as Exhibit B
and is incorporated herein by reference.
Section 3. Policy of Non-Discrimination on the Basis of Disability Status.
The City Council adopts and re-publishes the Policy of Non-Discrimination on the
Basis of Disability Status. Such policy is attached to this Resolution as Exhibit C and
is incorporated herein by reference.
Section 4. Repeal. Where the City has adopted previous iterations of the
above identified plans and policies, including through Resolutions No. 2034 and
2150, those policies are hereby repealed and replaced by the above adopted
versions.
Section 5. Title VI Program. The City's Title VI Program specific to the
Woodburn Transit System and adopted September 25, 2017, remains in effect.
Approved as to form: �� `� �"
City Attorney Datle
Page 2-Council Bill No. 3196
Resolution No. 2197
Approved:
Eric Swenson, Mayor
Passed by the Council Aurjus� z-z-
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Submitted to the Mayor �2ej2-z-
Approved by the Mayor A;,q us+ 2®Z--
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File in the Office of the Recorder �0 Z-
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3- Council Bill No. 3196
Resolution No. 2197
EXHIBIT
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SECTION 3 PLAN
1. General Policy Statement
It is the policy of the City of Woodburn to require its contractors to make a good faith effort 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 and to take affirmative action to ensure that both job applicants and existing
employees are given fair and equal treatment.
The City of Woodburn (hereinafter "CITY") implements this policy through the awarding of
Community Development Block Grant program contracts to construction contractors and
subcontractors, vendors, professional service providers/consultants and suppliers (hereinafter
"CONTRACTOR") to create employment and business opportunities for residents of the City of
Woodburn and other qualified low- and very low-income persons.
The policy will ensure that, in good faith, the CITY will have a reasonable level of success in the
recruitment, employment, and utilization of Section 3 workers, Targeted Section 3 workers or
other eligible persons and Section 3 business concerns working on contracts partially or wholly
funded with the United States Department of Housing and Urban Development (HUD) monies.
The CITY shall examine and consider a CONTRACTOR'S potential for success by providing
employment and business opportunities to Section 3 eligible residents and business concerns
prior to acting on any proposed contract award.
2. Background
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 USC 1701u)
(Section 3) requires that recipients of HUD-funding exceeding$200,000 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 such persons.
Section 3 is applicable when the normal completion of construction and rehabilitation projects
creates the need for employment, contracting, or training opportunities. If the expenditure of
covered funding does not result in new employment, contracting, or training opportunities, the
requirements of Section 3 are not applicable.
As a recipient of HUD Community Development Block Grant (CDBG) funds through the Oregon
Business Development Department (OBDD),the CITY certifies that it will make good faith efforts,
including the preference to contract with businesses that employ Section 3 workers and Targeted
Section 3 workers from the local community,to comply with the requirements of Section 3.These
same requirements apply to all contractors or subcontractors that receive contracts in excess of
$200,000 for Section 3 eligible projects.
HUD's Section 3 regulations can be found at 24 CFR 75.
3. Eligible Projects
All projects and activities involving housing construction, demolition, rehabilitation, or other
public construction, such as roads, sewers, community centers, et cetera, that are completed
with HUD Community Planning and Development funding are subject to the requirements of
Section 3.
4. Section 3 Workers and Businesses
A Section 3 Worker is any worker who currently fits, or when hired within the past five years fit,
at least one of the following:
1. The worker's income for the previous or annualized calendar year is below the income limit
established by HUD;
2. The worker is employed by a Section 3 business concern; or
3. The worker is a YouthBuild participant
A Targeted Section 3 Worker for Housing and Community Development Financial Assistance
projects, is a Section 3 worker who:
1. Is employed by a Section 3 business concern; or
2. Currently fits, or when hired fits, at least one of the following categories, as documented
within the past five years:
a. Living within the service area or the neighborhood of the project, as defined in 24 CFR §
75.5; or
b. Document the employee is a resident of a public housing complex or is a recipient of a
Section 8 housing voucher.
c. Is a YouthBuild participant.
In accordance with the regulation, workers seeking Section 3 preference shall certify, and/or
submit evidence to the CITY or CONTRACTOR, verifying that they meet the definitions provided
above.
To be considered a Section 3 Business Concern at least one of the following criteria must apply
as documented within the last six-month period:
1. At least 51 percent owned and controlled by low-or very low-income persons;
2. Over 75 percent of the labor hours performed for the business over the prior three-month
period are performed by Section 3 workers; or
3. A business at least 51 percent owned and controlled by current public housing residents or
residents who currently live in Section 8-assisted housing.
S. Best Effort or Good Faith Effort
At a minimum,the following tasks must be completed to demonstrate a "best effort or good faith
effort" with the requirements of Section 3. The CITY and CONTRACTOR'S/SUBCONTRACTOR'S
seeking to establish a "best effort or good faith effort" as required should be filling all training
positions with qualified Section 3 persons residing in the target area.The following are examples
of how to meet the "best effort or good faith effort" requirements.
1. Send notices of job availability subcontracting opportunities subject to these requirements
to recruitment source organizations, local public housing authority, and any other
community groups capable of referring eligible Section 3 applicants, including WorksSource
Oregon.
2. Include in all solicitations and advertisements a statement to encourage eligible qualified
Section 3 residents or eligible businesses to apply.
3. When using a newspaper of major circulation to request bids/quotes or to advertise
employment opportunities to also advertise in minority-owned newspapers.
4. Maintain a list of all residents from the target area who have applied either on their own or
by referral from any service, and employ such persons, if otherwise qualified for the
position and if a trainee position exits. (If the contractor has no vacancies,the applicant, if
otherwise eligible, shall be listed for the first available vacancy). A list of eligible applicants
will be maintained for future vacancies.
6. Section 3 Contracting Policy and Procedure
Section 3 residents must meet the minimum qualifications of the position to be filled and a
Section 3 Business Concern must have the ability to and capability to perform successfully
under the terms and conditions of the proposed contract.
The CITY will incorporate Section 3 into all solicitations for project proposals that are funded in
part or in whole with HUD monies. The Section 3 contract clause (see Exhibit 2) specifies the
requirements for CONTRACTOR'S hired for Section 3 covered projects and shall be included in all
CITY bid solicitations and requests for proposals for projects whose funding is derived from HUD
and involves housing construction, demolition, rehabilitation, or other public construction.
Section 3 workers must meet the minimum qualifications of any position to be filled. Any worker
seeking Section 3 preference should register with the CITY or CONTRACTOR by submitting the
certification form in Exhibit 3. Contractor should have all workers on a project submit the
certification form to support required reporting of labor hours.
Any business seeking Section 3 preference in the awarding of contracts or purchase agreements
with the CITY should follow the steps at https://hudapps.hud.gov/OpportunityPortal/to register
their business in HUD's Section 3 Business Registry. Section 3 businesses must meet minimum
qualifications, including prequalification with the CITY, and have the ability and capacity to
perform successfully under the terms and conditions of the proposed contract.
The CITY will, to the greatest extent possible, offer contracting opportunities to business
concerns that provide economic opportunities to Section 3 workers residing within the county in
which the project is located. However, in the event that no Section 3 businesses bid on the
contract, or bids but is not able to demonstrate to the CITY that it has the ability to perform
successfully under the terms and conditions of the proposed contract, then that contract will be
awarded to a non-Section 3 business that can meet the terms and conditions of the proposed
contract through the competitive bidding process. That business concern must meet the general
conditions of compliance with Section 3. This will include:
1. Requiring employees working on the project to submit a certification form (Exhibit 3).
2. Posting notices of any vacant positions, including training and/or apprenticeship positions,
qualifications for positions, place where applications will be received and starting date of
employment.
3. To the greatest extent possible, making available vacant positions, including training and/or
apprenticeship positions, to Section 3 workers.
4. As positions are vacated during completion of contract, following guidelines enumerated in
numbers 2 and 3 above.
5. Submitting Compliance Reports to the CITY as required (see Exhibit 4 for details on
CONTRACTOR requirements).
6. If notified of non-compliance, correcting non-compliance within allowable time period.
The CITY and their covered contractors, subcontractors, professional service
providers/consultants or subrecipients subject to Section 3 requirements, will in good faith
comply with the requirements of Section 3 for employment, training, or contracting
opportunities resulting from the expenditure of HUD funding. For projects with HUD funding,the
CITY responsibility includes:
1. Advertise contracting opportunities via newspaper, mailings, and posting notices about the
work to be contracted and where to obtain additional information.
2. Provide notice of employment and contracting opportunities, or require CONTRACTOR to
do so, to all known Section 3 business concerns or workers within the City of Woodburn.
The written notice will be provided in sufficient time to enable business concerns the
opportunity to respond to the bid invitation.
3. Include in all solicitations a statement to encourage eligible Section 3 businesses to apply.
4. Assist and actively cooperate with the Business Oregon to ensure contractors and
subcontractors comply with Section 3.
5. Refrain from entering into contracts with contractors or subcontractors that are in violation
of Section 3 regulations.
6. Inform businesses that they can use the Work Source Oregon -First Source Hiring
Agreement in complying with the Section 3 requirements.
7. Document actions taken to comply with Section 3 and submitting necessary documentation
to Business Oregon.
7. The CONTRACTOR will be responsible for the following:
1. Include Section 3 requirements in all subcontracts and requiring subcontractors to submit
worker certification forms and compliance reports as required (see Exhibit 4 for more
details).
2. To the greatest extent possible, making available vacant positions, including training and/or
apprenticeship positions, to Section 3 workers.
3. If a position is necessary to complete contractual task is vacated during the contract period,
CONTRACTOR's certification that,to the greatest extent possible, that vacancies will be
filled pursuant to item 2 above.
4. Submitting worker certification forms and compliance reports as required.
5. If notified of non-compliance, will correct issues of non-compliance within the allowable
time period.
8. Section 3 Benchmarks
The CITY has established employment goals in order to comply with Section 3
requirements. For housing and community development financial assistance projects,the
benchmark for Section 3 workers is set at 25 percent or more of the total number of labor
hours worked by all workers on a Section 3 project. The benchmark for Targeted Section
3 workers is set at 5 percent or more of the total number of labor hours worked by all
workers on a Section 3 project. This means that the 5 percent is included as part of the
25 percent threshold.
These benchmarks will require the CONTRACTOR to identify existing workers and new
hires who meet the definition of a Section 3 worker or Targeted Section 3 worker (see
Exhibit 1 for definitions) and to track hours of all employees throughout the project. The
CITY will require that CONTRACTOR provide documentation to demonstrate compliance,
including documentation that shows worker certification, hours worked by Section 3
workers, Targeted Section 3 workers, and any qualitative efforts to comply with Section
3 (see Exhibits 3 and 4).
It is the responsibility of the CONTRACTOR to implement progressive efforts to attain Section 3
compliance. If the CONTRACTOR fails to meet the benchmarks above, they bear the burden of
demonstrating why it was not possible to do so. Such justifications should describe the efforts
that were taken, barriers encountered, and other relevant information that will enable the
state to make a compliance determination (see Exhibit 4). All firms submitting bids or proposals
are required to certify that they will comply with the requirements of Section 3.
Failure to comply with the requirements of Section 3 may result in sanctions, including:
debarment, suspension, or limited denial of participation in HUD programs pursuant to 24 CFR
Part 24.
9. Monitoring and Enforcement
The function of monitoring and enforcing these provisions will be carried out by the City's
project manager for each HUD-funded construction project. During the pre-bid or pre-
construction meetings between the CITY and CONTRACTOR, the CITY's Section 3 Policy will be
provided again to the CONTRACTOR for inclusion in contract documents. The following contract
requirements will be discussed in detail:
1. Prevailing wage rates (Davis-Bacon or BOLI, whichever is higher)
2. Minority and woman-owned businesses
3. Section 3 hiring requirements
Each representative will define specific functional requirements and require the CONTRACTOR
to certify its understanding of the terms and conditions of the contract as it applies to the
aforementioned requirements.
10. Section 3 Complaint Procedure
The CITY will make every effort to resolve complaints generated from alleged non-compliance
through an internal process. The CITY encourages submittal of non-compliance complaints to its
Section 3 Coordinator as follows:
1. Submit to: Scott Derickson, City Administrator, (PH): 503-982-5230 (EMAIL):
scott.derickson@ci.woodburn.or.us and CITY Attorney.
2. Complaints of non-compliance should be filed in writing and must contain the name of
the complainant and brief description of the alleged violation of 24 CFR 75.
3. Complaints must be filed within thirty calendar days after the complainant becomes
aware of the alleged violation.
4. An investigation will be conducted if complaint is found to be valid. The Section 3
Coordinator will conduct an informal but thorough investigation affording all interested
parties, if any, an opportunity to submit testimony and/or evidence pertinent to the
complaint.
5. The Section 3 Coordinator will provide written documentation detailing the findings of
the investigation to the City Attorney. The CITY Attorney will review the findings for
accuracy and completeness before it is released to the complainants.The findings will
be made available no more than thirty days after the complaint is filed with the CITY.
If complainants wish to have their concerns considered outside the CITY internal procedure, a
complaint may be filed with:
United States Department of Housing and Urban Development Community Planning and
Development
Region X Field Office
1220 SW 3rd Avenue, Suite 400
Portland, OR 97204-2830
The complaint must be received no later than 180 days from the date of the action or omission
upon which the complaint is based, unless the time for filing is extended for good cause shown.
Adopted: August 2022
EXHIBIT 1 - Definitions
Assistant—the Assistant Secretary for Fair Housing and Equal Opportunity.
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.
Contractor-any entity which contracts to perform work generated the expenditure of Section 3
covered assistance, or for work in connection with a Section 3 covered project.
Employment Opportunities Generated by Section 3 Covered Assistance — all employment
opportunities generated by the expenditure of Section 3 covered public assistance(i.e.,operating
assistance, development assistance and modernization assistance, (as described in Section 75.3
(a) (1)). With respect to Section 3 covered housing and community development assistance,this
term means all employment opportunities arising in connection with Section 3 covered projects
(as described in Section 75.3 (a) (2)), including management and administrative jobs.
Management and administrative jobs include architectural, engineering or related professional
services required to prepare plans, drawings, specifications, or work write-ups; and jobs directly
related to administrative support of these activities, e.g., construction manager, relocation
specialist, payroll clerk, etcetera.
Housing Authority (HA)— Public Housing Agency.
Housing Development—low-income housing owned, developed, or operated by public housing
agencies in accordance with HUD's public housing program regulations codified in 24 CFR Chapter
IX.
HUD Youthbuild Programs—programs that receive assistance under subtitle D of Title IV of the
National Affordable Housing Act, as amended by the Housing and Community Development Act
of 1992 (42 U.S.C. 12899), and provide disadvantaged youth with opportunities for employment,
education, leadership development, and training in the construction or rehabilitation of housing
for homeless individuals and members of low- and very low-income families.
JTPA—The Job Training Partnership Act (29 U.S.C. 1579 (a)).
Low-income person — households (including single persons) whose incomes do not exceed 80
per centum of the median income for the area, as determined by HUD, with adjustments for
smaller and larger households,.
Metropolitan Area — a metropolitan statistical area (MSA), as established by the Office of
Management and Budget.
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 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.
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 that meets at least one of the following criteria,
documented within the last six-month period:
1) At least 51 percent or more owned by Section 3 resident (PHA resident, Section 8 recipient,
or low income person living in the community): or
2) Whose permanent, full-time employees include persons, at least 30 percent of whom are
currently Section 3 residents, or within three years of the date of first employment with the
business concern were Section 3 residents; or
3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar
award of all subcontractors to be awarded to business concerns that meet the qualifications
set forth in paragraphs 1 or 2 above.
Section 3 Covered Assistance—
1) Public housing development assistance provided pursuant to Section 5 of the 1937 Act;
2) Public housing operating assistance provided pursuant to Section 9 of the 1937 Act;
3) Public housing modernization assistance provided pursuant to Section 14 of the 1937 Act;
4) Assistance provided under any HUD housing or community development program that is
expended for work arising in connection with housing rehabilitation, construction, or other
public construction project (which includes other buildings or improvements, regardless of
ownership).
Section 3 Clause—the contract provisions set forth in Section 75.
Section 3 Covered Contracts—a contract or subcontract awarded by a recipient 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 Covered Proiect -the construction, reconstruction, conversion or rehabilitation of
housing (including reduction and abatement of lead-based paint hazards), other public
construction which includes buildings or improvements (regardless of ownership) assisted with
housing or community development assistance.
Section 3 Worker—a public housing resident or an individual who resides in the identified service
area or nonmetropolitan county in which the Section 3 covered assistance is expended and who
is considered to be a low-to very low-income person.
Service Area—A one mile radius or 5000 in population of the project site.
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.
Targeted Section 3 Worker -for Housing and Community Development Financial Assistance
projects, is a Section 3 worker who:
1) Is employed by a Section 3 business concern; or
2) Is a Section 3 worker who currently fits or when hired fit at least one of the following
categories, as documented within the past five years:
a. Living within the service area or the neighborhood of the project, as defined in 24 CFR §
75.5; or
b. A YouthBuild participant.
c. Resident of public housing or recipient of a Section 8 housing voucher.
Low-income person—families (including single persons) whose income do not exceed 50
percent of the median family income for the area, as determined by HUD with adjustments for
smaller and larger families.
Exhibit 2-Section 3 Clause
All Section 3 covered contracts shall include the following clause (referred to as the Section 3
Clause):
A. The work to be performed under this contract is subject to the requirements of Section 3
of the Housing and Urban 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
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3, shall,to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,
which implement Section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 75 regulations.
C. The contractor agrees to send to each labor organization or representative or workers
with which the contractor has a collective bargaining agreement or other understanding,
if any, a notice advising the labor organization or workers' 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, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s)taking applications for each of the positions; and the anticipated
date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 75. 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 75.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (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
75 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 75.
F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. Contractor shall complete THE REQUIRED Section 3 report within the timeline identified
by the CITY or at a minimum with the final construction pay estimate for the project.
Exhibit 3
Section 3—Worker Certification Form
Eligibility for Preference
A Section 3 resident seeking the preference in training and employment provided by this part
shall certify, or submit evidence to the recipient contractor or subcontractor, that the person is
a Section 3 resident, as defined in Section 75. (An example of evidence of eligibility for the
preference is evidence of receipt of public assistance, or evidence of participation in a public
assistance program.)
Part 1. Residents of Marion County, Oregon
I, (print name) am a legal resident of the City
of Woodburn/Marion County and certify that I meet the income eligibility guidelines for a low-or
very-low-income person.
My permanent address is:
Part 2. Income Status (to be completed by all workers)
Check the number of persons in your household.
01 1:12 ❑ 3 ❑4 El El El D
Annual Gross Income:
Check the appropriate box for your household's annual total gross income before taxes for
the most recent tax reporting year. (Income will need to be updated per COUNTY).
https://WWN'V.huduser.gov/portal/d.atasets/il/il2022/select Geo;;raphyodn
$0- $44,300 $63,251- $68,350
$44,301 - $50,600 $68,351 - $73,400
$50,601- $56,950 $73,401- $78,450
$56,951 - $63,250 Above $78,451
1 have attached the following documentation as evidence of my status:
a. Copy of lease demonstrating proof of residency in a public housing development.
b. Copy of receipt of public assistance such as a Section 8 certificate or voucher.
c. Copy of evidence of participation in a public assistance program such as Youthbuild,
DTPA, Jobs Corps, et cetera.
d. Income tax records.
e. Other:
I certify that the above information is accurate and is subject to verification by government
officials.
By executing this certification, l acknowledge and understand that Title 18 United States Code
Section 1001: (1)makes it a violation of federal law for a person to knowingly and willfully(a)
falsify, conceal, or cover up a material fact; (b) make any materially false,fictitious, or
fraudulent statement or representation; OR (c) make or use any false writing or document
knowing it contains a materially false,fictitious, or fraudulent statement or representation, to
any branch of the United States Government; and{2) requires a fine, imprisonment for not more
than five (5)years, or both, which may be ruled a felony,for any violation of such Section.
Signature: Date:
Exhibit 4- Certification for Business Concerns Seeking Section 3 Preference
Name of Business:
Address of Business:
Type of Business:
❑ Corporation ❑ Partnership
❑ Sole Proprietorship ❑Joint Venture
Attached is the following documentation as evidence of status:
For business claiming status as a Section 3 resident owned enterprise:
❑ Copy of resident lease ❑ Copy of receipt of public assistance
❑ Copy of evidence of participation in public assistance ❑ Other evidence
_ For business entity as applicable:
❑ Copy of articles of Incorporation ❑ Certificate of Good Standing
❑ Assumed Business Name Certificate ❑ Partnership Agreement
❑ List of owners/stockholders and %ownership of each❑ Corporation Annual Report
❑ Latest Board minutes appointing officers
❑ Organizational chart with names and titles and brief function statement
❑ Additional documentation:
For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded to
qualified Section 3 business:
❑ List of subcontracted Section 3 business(es) and subcontract amount
_ For business claiming Section 3 status,claiming at least 30 percent of their workforce are currently
Section 3 residents or were Section 3 eligible residents within 3 years of date of first employment with
the business:
❑ List of all current full-time employees
❑ List of all employees claiming Section 3 status
❑ PHA/IHA Residential lease less than 3 years from day of employment
❑ Other evidence of Section 3 status less than 3 years from date of employment
❑ Evidence of availability to perform successfully under the terms and conditions of the proposed
contract:
❑ Current financial statement
❑ Statement of ability to comply with public policy
❑ List of owned equipment
❑ List of all contracts for the past two years
(Corporate Seal)
Authorizing Name and Signature
Exhibit 5-Section 3 Requirements for Contractors
The purpose of Section 3 is to ensure that jobs and economic opportunities generated by HUD
financial assistance for housing and community development programs shall be directed to low
and very low income persons, particularly those who are recipients of government assistance for
housing and business concerns which provide economic opportunities to low and very low
income persons. Contractors can use HUD's Section 3 Business Registry
(https://hudapps.hud.gov/OpportunityPortal/)to find Section 3 business concerns in the area. In
addition, it is advised that contractors make Disadvantaged Business Enterprises (DBEs) aware of
contracting opportunities to the fullest extent practicable through outreach and recruitment
activities.This will include placing DBEs on solicitation lists and solicitingthem whenever they are
potential sources. The following sites may be of assistance for locating DBEs:
• Oregon directory of certified firms at Certification Office of Business Inclusion and
Diversity https://www.oregon.gov biz/programs/COBID/Pages/default.aspx
• Federal System for Award Management at www.sam.gov/
• Minority Business Development Agency, US Dept. of Commerce at
http://www.mbda.gov/
• EPA's Office of Small Business Programs at www.epa.gov/osbp/
• U.S. Department of Transportation at https://www.transportation.gov/civil-
rights/disadvantagedbusiness-enterprise
Contractors on HUD funded projects are required, to the greatest extent possible, to make
available vacant positions, including training and/or apprenticeship positions, to Section 3
workers. If a position necessary to complete the project is vacated during the contract period,
the contractor will make best efforts to fill the vacancies with Section 3 workers.
Contractors are also required, to the greatest extent feasible, to achieve the benchmarks
required for the number of labor hours performed by both Section 3 workers (25%of total labor
hours) and Targeted Section 3 workers (5%of total labor hours). If a contractor fails to fully meet
the Section 3 benchmarks, they must adequately document the efforts taken to meet the
benchmarks.
If a prime contractor is unable to satisfy the Section 3 worker and Targeted Section 3 worker
benchmarks,the requirements may be satisfied through any subcontractors that may be involved
in the project. It is the responsibility of the prime contractor to include Section 3 requirements in
all subcontracts and require subcontractors to submit documentation.
Contractors will need to have employees working on the project complete the certification form
in Exhibit 3.To determine if a worker qualifies as a Section 3 worker or Targeted Section 3 worker,
compare the annual gross income and number of persons reported on the form in Exhibit 3 to
the income limits located at
https://www.huduser.gov/portaldatasets/il/il2020/2020summary odn identified by county
where the project will be completed. A Targeted Section 3 worker must meet the income limits
and reside in the county of the project.
Certification forms, along with a compliance report, will be submitted to the project owner on a
quarterly basis throughout the contract period. A template report is included below. The
quarterly report shall be submitted no later than 10 days after the end of each calendar quarter
of the contract (e.g., April 10 for calendar quarter January 1 to March 31). The report must
include details of labor hours worked by Section 3 workers, Targeted Section 3 workers, and all
workers. If section 3 benchmarks are not met,the report should document 'Good Faith Efforts'
as described in the included form. The report should include any documentation showing
Section 3 worker eligibility and records of qualitative efforts (such as a copy of a job posting or
solicitations sent to employment agencies).
Section 3 Contractor Quarterly Status Report
Submit to Project Owner
Project Title:
Contractor:
Contact Person: Phone:
Local Contract/ Dates of
Agreement#: work
reported:
Labor Hours Worked
Job Title All By Section 3 %Section 3 Targeted %Targeted
Employees Workers* Worker Section 3 Section 3
Hours Workers Worker
Hours
Totals:
*Note:The labor hours for Targeted Section 3 workers should be included in the labor hours
reported for Section 3 workers as well.
Attach employee certification forms showing eligibility as Section 3 or Targeted Section 3
workers if such documentation has not been submitted previously.
Were Section 3 benchmarks met?
25% of total labor hours worked by Section 3 workers Yes No
5% of total labor hours worked by Section 3 Targeted workers _Yes _ No
If NO for either benchmark, please describe 'Good Faith Efforts' in the form below. Attach any
associated information.
Project Name: Project No:
Type of Service Solicited:
❑ Construction Contractor ❑ Construction Sub-Contractor ❑ Employee
❑ Other:
Best Effort or Good Faith Did you If yes, please explain what you did and attached
Efforts pursue supporting documentation.
this If no, please explain why this effort is not being
effort? pursued.
(yes or no)
Ensure Section 3 business
concerns are made aware of
contracting opportunities to
the fullest extent practicable
through outreach and
recruitment activities.
Arrange time frames for
contracts and establish
delivery schedules, where the
requirements permit, in a
way that encourages and
facilitates participation by
Section 3 business concerns.
Divide contracts into smaller
jobs to facilitate participation
by Section 3 business
concerns.
Promote use of business
registries designed to create
opportunities for
disadvantaged and small
businesses.
Engage in outreach efforts to
generate job applicants who
are Section 3 or Targeted
Section 3 workers, including
providing notices of any
vacant positions, including
training and/or
apprenticeship positions, and
details on qualifications,
where applications will be
received and starting date of
employment to the Section 3
Coordinator for the project
owner.
Provide training or
apprenticeship opportunities.
Other efforts:
EXHIBIT
s
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�OODBUR�
Irecorporaied 9889
LIMITED ENGLISH PROFICIENCY LANGUAGE ACCESS PLAN
This Limited English Proficiency(LEP) Language Access Plan (LAP) addresses City of Woodburn's
responsibilities as a recipient of federal financial assistance as it relates to the needs of
individuals with limited English proficiency language skills. U.S. Department of Housing and
Urban Development defines limited English proficient as persons are who, as a result of national
origin, do not speak English as their primary language and who have a limited ability to speak,
read, write or understand.i Limited English proficiency refers to anyone above the age of 5 who
reported speaking English less than "very well," as classified by the U.S. Census Bureau. For
purposes of Title VI and the LEP Guidance, persons may be entitled to language assistance with
respect to a particular service, benefit or encounter. The plan has been prepared in accordance
with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing
regulations which state that no person shall be subjected to discrimination on the basis of race,
color or national origin.
Executive Order 13166,titled "Improving Access to Services for Persons with Limited English
Proficiency," indicates that differing treatment based upon a person's inability to speak, read,
write or understand English is a type of national original discrimination. It directs each agency to
publish guidance for its respective recipients clarifying their obligation to ensure such
discrimination does not take place.This order applies to all state and local agencies which
receive federal funds, including the City of Woodburn.
The City of Woodburn referenced the most current data from U.S. Census Bureau's American
Community Survey(below) and utilized both the Four-Factor LEP Analysis for Meaningful Access
and Safe Harbor Test for Written Translation Services to prepare this plan.
1. INTRODUCTION
The City of Woodburn is located in Marion County, Oregon. According to American Community
Survey(ACS) 5-year estimates for 2015-20201, the City of Woodburn had a total population of
26,008, with 24,207 persons that are 5 years of age or older, and a population of 18,604 that are
18 years of age and older. The City encompasses a multitude of services including the Public
1 American Community Survey Demographic and Housing Estimates,https://data.census.gov/July 2022.
Works Department,the Woodburn Public Library and Aquatic Center, Community and Economic
Development, and the Mayor's Office and City Council.
Table 1.1 below identifies languages spoken at home by Woodburn residents.The most recent
Census data available for Language Spoken at Home from the ACS covers 2015-2020.
Table 1: Language Spoken at Home-Woodburn, Oregon—2015-2020
SUBJECT NUMBER PERCENT
Population 5 years and over 24,207
Speak only English 11,091 45.8%
Speak a language other than 13,116 54.2%
English
Spanish 12,226 50.5%
Other Indo-European languages 693 2.9%
Asian and Pacific Island 155 0.6%
languages
Source:U.S.Census Bureau,American Community Survey 5-Year Estimates,ACS Table B16001
2. FOUR FACTOR ANALYSIS FOR MEANINGFUL ACCESS
Recipients are required to take reasonable steps to ensure meaningful access to LEP persons
through the four-factor analysis.This "reasonableness" standard intends to be flexible and fact-
dependent. It also intends to balance the need to ensure meaningful access by LEP persons to
critical services while not imposing undue financial burdens on small businesses, small local
governments, or small nonprofit organizations. As the City of Woodburn encompasses a variety
of services, application of the Four-Factor analysis varies depending on the specific service.
As a starting point, a recipient may conduct an individualized assessment that balances the
following four factors:
1. The number or proportion of LEP persons served or encountered in the eligible service
population ("served" or "encountered" includes those persons who would be served or
encountered by the recipient if the persons received adequate education and outreach
and the recipient provided sufficient language services):
According to ACS 5-year estimates, an estimated 50.5 percent(12,226 persons)of the
population over the age of five(5)in Woodburn reported speaking Spanish at home. In
addition, an estimated 2.9 percent(693 persons)of the population over the age of five(5)
in Woodburn speak other Indo-European languages and 0.6 percent(155 persons)speak
Asian and Pacific Island languages.
According to the 'Safe Harbor'Guidelines provided in Table 2 below,for any language
population that constitutes more than 5%of the population or 50 or more persons in the
2
eligible population, it is recommended that all vital documents for City services are or can
be provided as translated documents in that language.
As Spanish speakers, Indo-European, and Asian or Pacific Island speakers can be
considered LEP populations under these guidelines, the City of Woodburn is required to
provide translation services for any vita/documents under the 'Safe Harbor'guidelines to
non-English LEP individuals. Table 2 summarizes Safe Harbor guidelines for written
translations.
Table 2: "Safe Harbors"for Written Translations
SIZE.OF LA1VGt1AGE':GROUP- REGOMMENDEf)PREVISION;OF WRITTEN
LA,kGWAGE'ASSISTOE
1,000 or more in the eligible population in the market Translated vital documents
area or among current beneficiaries
More than 5% of the eligible population or Translated vital documents
beneficiaries and more than 50 in number
More than 5% of the eligible population or Translated written notice of right to receive free oral
beneficiaries and 50 or less in number interpretation of documents.
5% or less of the eligible population or beneficiaries No written translation is required.
and less than 1,000 in number
Source: Oregon Business Development Department,Community Development Block Grant(CDBG)"Grant
Management Handbook"(2020),Chapter 7, page 19.
2. The frequency with which LEP persons come into contact with the program:
The City's programs and/or services are to benefit the entire population of the City of
Woodburn. The City encompasses a multitude of services, including City Hall, City Parks,
Library and Community Center, and Public Works/infrastructure services, which can
including registration to access services and billings associated with utilities and other
services. Those interested in the learning more about the City's programs or projects are
encouraged to attend City Council meetings, access the City's website, or request
information at City Hall.
The City of Woodburn provides vital written documents and information on their website
in English, Spanish, Russian, and Chinese languages. In addition, the City commits to and
provides other language translation services, sign language, hearing, speech or other
translation services as requested via bi-lingual employees/staff who are available during
norma/business hour and a contract with the translation service "Language Line".
3. The nature and importance of the program, activity, or service provided by the program:
The program, activities and services provided by the City serves all residents. The City of
Woodburn provides vital written documents and information on their website in English,
Spanish, Russian, and Chinese languages. In addition, the City commits to and provides
other language translation services, sign language, hearing, speech or other translation
3
services as requested via bi-lingual employees/staff who are available during normal
business hour and a contract with the translation service "Language Line".
4. The resources available and costs to the recipient:
The City of Woodburn has sufficient staff capacity at City Hall and the Public Works
Department and vital documents are available in Spanish and Russian. Upon request. the
City also commits to provide other language translation services, sign language, hearing,
speech or other translation services as requested via bi-lingual employees/staff who are
available during normal business hour and a contract with the translation service
"Language Line".
FOUR FACTOR ANALYSIS DETERMINATION:The City shall make sure that all notices provide for
access to public meeting spaces and provide for the availability of translation services, if
requested. Said notices will be provided in English and Spanish and Russian and staff has
developed model text to include in future agendas and notices regarding this project.
Based on the four factor analysis for meaningful access, the City provides text translation in
Spanish, Chinese, and Russian, and other languages upon request, on all public notices and
newsletters and other applicable forms that the City of Woodburn has jurisdiction over via their
website. Upon request. the City also commits to provide other language translation services, sign
language, hearing,speech or other translation services as requested via bi-lingual employees/staff
who are available during normal business hour and a contract with the translation service
"Language Line".
3. IMPLEMENTATION PLAN
Language Services Available
Written Translations
Safe Harbor: Housing and Urban Development, in its final guidance for providing program access
to LEP individuals, has detailed a 'Safe Harbor'where providing a certain level of translated
materials for a LEP population of a specified size will "be considered strong evidence of
compliance with the recipient's written translation obligations." According to the 'Safe Harbor'
Guidelines for written language assistance, any language population that constitutes more than
5-percent of the eligible population or beneficiaries and/or 50 person or more in number is
required to provide written translations of vital documents.
The City of Woodburn determines that, in regards to its LEP language populations, Spanish,
Russian, and Chinese LEP populations are at 5 percent or more or 50 persons or more, and thus
translated vital documents is required. Therefore, City of Woodburn is required to provide written
translation to these LEP individuals as identified in the 'Safe Harbor'guidelines. The City of
Woodburn will use, when there is difficulty determining this language spoken, Language
Identification Cards created by the U.S. Census Bureau.
4
Vital Documents: The City of Woodburn provides text translation in Spanish, Chinese, and
Russian, and other languages upon request, on all public notices and newsletters and other
applicable forms that the City of Woodburn has jurisdiction over via their website.
Oral Interpretation
Staff Obtainment of Language Services:Staff needing translation services will contact Heather
Pierson, City Recorder, who will refer staff to community liaisons proficient in the language. In
addition, the City of Woodburn will use, when there is difficulty determining this language
spoken, Language Identification Cards created by the U.S. Census Bureau.
Procedure for LEP Callers: Upon request the City also commits to provide sign language, hearing,
speech or other translation services including referrals to community liaisons proficient in
providing services to LEP persons.
Procedure for Written Communication with LEP Individuals
Upon request the City also commits to provide sign language, hearing, speech or other
translation services including referrals to community liaisons proficient in the language of LEP
persons. In addition, the City of Woodburn will use, when there is difficulty determining this
language spoken, Language Identification Cards created by the U.S. Census Bureau.
Procedure for In-Person Communication with LEP Individuals
Employees of the City of Woodburn who encounter an LEP individual will contact Heather
Pierson, City Recorder, who will refer the individual to community liaisons. The LEP individual can
decline the interpretation assistance if he or she wishes to utilize another individual for services,
but the individual will still be offered the service. In addition, the City of Woodburn will use, when
there is difficulty determining this language spoken, Language Identification Cards created by the
U.S. Census Bureau.
Ensuring Competency in Interpreters and Translation Services
Training Staff:All City of Woodburn staff acting as point-of entry contacts will be given
instruction on how to identify LEP clients using Language Identification Cards and other
established methods and how to utilize interpretation services.
Documenting LEP Interactions:All City of Woodburn staff acting as point-of entry contacts will
record interactions with LEP individuals, including the method of interaction, number of
interactions, and reason for interaction.
Monitoring and Updating the LEP: The City of Woodburn will monitor and update the LEP as
needed. The City will review the LEP periodically against new Census data, or as needs arise, to
identify any changes that need to be made or if the City of Woodburn encounters difficulty
interacting with LEP individuals.
5
U.S. Department of Housing and Urban Development. Limited English Proficiency(LEP) Frequently Asked
Questions. http://Portal.hud.gov/hudportal/`HUD?src=/Program offices/fair housing equal app/promotingfh/lep-
faq#q1
Adopted: August 2022
6
EXHIBIT C
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3{ r::ET ,
WOODBURN
In ( I r p 0 r a t e d 1889
POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY STATUS
The City of Woodburn does not discriminate on the basis of disability status in the admission or access
to,or treatment or employment in, its federally assisted programs or activities.
The person named below has been designated to coordinate compliance with the nondiscrimination
requirements contained in the Department of Housing and Urban Development's(HUD) regulations
implementing Section 504(24 CFR Part 8. dated June 2, 1988).
Name:ADA Coordinator
Address:_City of Woodburn, 270 Montgomery Street,Woodburn OR 97071
Telephone Number:503-982-5231(Voice)/800-735-1232 (TTY)
Adopted: August 2022