Res 2034 - CDBG Section 3 and LEPCOUNCIL BILL NO. 2936
RESOLUTION NO. 2034
A RESOLUTION ADOPTING A SECTION 3 PLAN TO COMPLY WITH 24 CFR, PART 135
OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 3 AND ADOPTING A LIMITED ENGLISH PROFICIENCY PLAN
WHEREAS, In 2012, the City executed an agreement with Valley
Development Initiatives (VDI), a legal entity created by the Willamette Valley
Council of Governments (COG) to administer a $400,000 Housing Rehabilitation
Community Development Block Grant (CDBG); and
WHEREAS, COG recently advised the City that new CDBG rules require the
adoption of a Section 3 Plan to comply with 24 CFR, Part 135 and a Limited
English Proficiency Plan to comply with other federal regulations; and
WHEREAS, the United States Congress passed Section 3 of the Housing and
Urban Development Act of 1968 (the Act) 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 establishes the standards and procedures
to ensure that the objectives of Section 3 are met; and
WHEREAS, the City, with the assistance of COG, 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 City has also developed a Limited English Proficiency Plan in
order to comply with other federal regulations, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Council adopts a Section 3 Plan to ensure
compliance with federal law for Community Development Block Grant
projects and designates the City Administrator, or designee, 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.
Section 2. The City Council adopts a Limited English Proficiency Plan to
ensure compliance with federal law for Community Development Block
Grant projects. The Limited English Proficiency Plan is attached to this
Page 1 - Council Bill No. 2936
Resolution No. 2034
resolution as Exhibit "B" and is incorporated herein.
Approved as to form
Passed by the Council
City Attc --
Submitted to the Mayor
Approved by the Mayor
�ir�2�c3
n,. +o
Filed in the Office of the Recorder
10.
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2936
Resolution No. 2034
5 a3, �oi.3
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Exhibit A
Page 1 of 7
SECTION .3 PLAN
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 contractors, 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 residents and 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 residents and business concerns prior to acting on any proposed
contract award.
What is Section 3?
Section 3 of the Housing and Urban Development Act of 1968 as amended (12 USC
1701 u)(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 new 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 residents 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 $100,000 for Section 3
eligible projects.
HUD's Section 3 regulations can be found at 24 CFR 135.
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.
Exhibit A
Page 2 of 7
Section 3 Residents
1. Are residents of public or Indian housing; or
2. Are individuals that reside in the metropolitan area in which the Section 3
applicable assistance is expended and whose income does not exceed the local
HUD income limits set forth for low- or very -low income households.
Section 3 Business Concerns
To be considered a Section 3 Business Concern; at least one of the following must apply:
1. Business is 51 % or more owned by Section 3 residents; or
2. At least 30% of the business's permanent, full -time employees are currently
Section 3 residents, or within three years of the date of first employment with the
firm were Section 3 residents; or
3. Business provides evidence of a commitment to subcontract in excess of 25% of
the dollar amount of all subcontracts to be awarded to businesses that meet the
qualifications described above.
In accordance with the regulation, residents and business concerns seeking Section 3
preference shall certify, and /or submit evidence to the CITY, CONTRACTOR, or subcontractor,
verifying that they meet the definitions provided above.
Implementing Procedures to Ensure Section 3 Requirements
The following Bid Specifications and Contract clause 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 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 135, 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 135 regulations.
C. The contractor agrees to send to each labor organization or representative of 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,
2
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Page 3 of 7
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 135, 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 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.
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 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
F. Non compliance 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.
G. Contractor shall complete THE REQUIRED Section 3 Report form 60002 and submit it to the City
with the final construction pay estimate for the project.
Compliance with Section 3:
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
contract. All contractors or businesses seeking Section 3 preference, before submitting bids or
proposals to the CITY, will be required to complete certifications to acknowledge that Section 3
contracting and employment provisions have been met. Such certifications must be adequately
supported with appropriate documentation and supplied at the time of prequalification.
The CITY will incorporate Section 3 requirements into all solicitations for project proposals that
are funded in part or in whole with HUD monies. 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 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 Section 3
business concerns. 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 concern 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.
All contractors or businesses seeking Section 3 preference, before submitting bids or proposals
to the CITY will be required to complete certifications, as appropriate, as acknowledgement of
the Section 3 contracting and employment provisions required by this section. Such
tAn1Dli H
Page 4 of 7
certifications shall be adequately supported with appropriate documentation as referenced on the
form.
Compliance with Section 3 (Good Faith Effort )
At a minimum, the following tasks will be completed to demonstrate a good faith effort with the
requirements of Section 3. To ensure compliance with Section 3 requirements, the CITY will
document actions taken to comply, including but not limited to:
1. Advertise contracting opportunities via newspaper, mailings, or posting notices about the
work to be contracted and where to obtain additional information. Alternatively, notifying
the Housing Authority of Marion County, local job training centers and WorkSource
Oregon of new employment, training or contracting opportunities resulting from the
expenditure of covered funding.
2. Provide written notice of contracting opportunities to all known Section 3 business
concerns 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. Assisting and actively cooperating with OBDD in ensuring contractors and subcontractors
comply with Section 3;
5. Refraining from entering into contracts with contractors or subcontractors that are in
violation of Section 3 regulations; and
6. Documenting actions taken to comply with Section 3 and submitting necessary
documentation to OBDD (HUF Form 60002).
CONTRACTOR's Requirements
In preparation for the award of contracts,
CITY:
A list of all positions necessary to complete the contract, the names of employees who
will fill those positions, and the names of all other employees,
Posting notices of any vacant positions, including training and /or apprenticeship
positions, qualifications for positions, in a location(s) accessible to Section 3 person(s)
where applications will be received, and starting date of employment,
To the greatest extent possible, making available vacant positions, including training
and /or apprenticeship positions, to Section 3 residents,
If a position 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 items 2 and 3 above,
Submitting compliance reports as required,
If notified of non - compliance, correcting non - compliance issues within the allowable time
period.
the CONTRACTOR will supply the following to the
2.
3.
4.
5.
6.
Businesses can use the WorkSource Oregon -First Source Hiring Agreement in complying with
Section 3 requirements.
Evidence of Section 3 Certification
Any business seeking Section 3 preference in the awarding of contracts or purchase agreements
with the CITY shall complete the Certification for Business Concerns Seeking Section 3
Exhibit A
Page 5 of 7
Preference in Contracting and Demonstration of Capability from, obtained from the CITY's
Section 3 Coordinator. The business seeking Section 3 preference must provide adequate
documentation as evidence of eligibility for preference under the Section 3 Program.
Certifications for Section 3 preference for business concerns must be submitted to the CITY's
Section 3 Coordinator prior to the submission of bids for consideration. If the CITY has
previously approved the certification for the business concern, then the certification may be
submitted along with the bid.
Contractor's Requirements in Employing Section 3 Residents
After a contract is awarded, the CONTRACTOR will provide the following:
1. Names of Section 3 business concerns to be utilized;
2. Estimate of the number of employees to be utilized for contract;
3. Projected number of available positions, including job descriptions and wage rates
(construction wages must be consistent with Davis -Bacon Act or Oregon BOLI rates,
whichever is higher); and
4. Efforts that will be utilized to seek Section 3 participants.
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:
• Prevailing wage rates (Davis -Bacon or BOLI, whichever is higher)
• Minority and woman -owned businesses
• 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.
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
City of Woodburn
Attn: Scott Derickson, City Administrator
270 Montgomery Street
Woodburn, OR 97013
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 135.
5
Exhibit A
Page 6 of 7
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's internal procedure, a
complaint may be filed with
Assistant Secretary for Fair Housing and Equal Opportunity
United States Department of Housing and Urban Development
451 Seventh Street Northwest
Washington, District of Columbia, 20410
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 by the Assistant
Secretary for good cause shown.
txnimt A
Page 7 of 7
CERTIFICATION FOR BUSINESS CONCERNS SEEKING SECTION 3 PREFERENCE IN
CONTRACTING AND DEMONSTRATION OF CAPABILITY
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 program ❑ 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
• Organization chart with names and titles and brief function statement
❑ Additional information
For business claiming Section 3 status by subcontracting 25 percent of the dollar awarded
to qualified Section 3 business:
❑ List of subcontracted Section 3business(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 3eligible residents within 3years of date of first
employment with the business:
❑ List of all current full -time employees
❑ List of 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 ability 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
Attested by:
Exhibit B
Page 1 of 3
LIMITED ENGLISH PROFICIENCY (LEP) PLAN
CITY OF WOODBURN, OREGON
"The information below was completed with assistance from "Checklist for Developing a Limited English Proficiency (LEP) Plan"
provided by the National Association of Statework Force Agencies. The checklist is included is the City's file for review if
requested.
This Limited English Proficiency (LEP) Plan has been prepared to address the 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. 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.
In order to prepare this plan, the City of Woodburn used the most current version of the U.S. Census
American Community Survey, the Four Factor LEP Analysis for Meaningful Access, and the Safe Harbor
Test for Written Translation Services.
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 is intended to be flexible and fact - dependent. It is also intended 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 a starting point, a recipient may conduct an individualizes assessment
that balances the following four factors:
1 The number of 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):
The City of Woodburn's most current population estimate is 23,665 and the City has large Spanish and Russian speaking
populations. According to the 2009 -2010 American Community Survey, 33.8% of the population speaks English less than "very
well" with 29.2% shown as Spanish speaking, or up to 6,910 persons, and 5.0 %, or up to 1,183 persons, shown as speaking Indo-
Europeanlanguages.
2 The frequency with which LEP persons come into contact with the program:
It can be expected that LEP persons will come into contact with City programs, services, or facilities on a very regular basis and
staff serving as point of entry contacts to programs and services are given instructions on how to identify LEP clients using
Language Identification Cards (attached), how to utilize interpretation services, and /or staff contacts to access translation
services.
3 The nature and importance of the program activity, or service provided by the program:
High. With a large non - English speaking population and /or populations that speak English less than very well ", access and the
availability of all city services, programs and facilities to LEP persons must be provided.
4 The resources available and costs to the recipient:
The City of Woodburn has well established translation and interpreter services available for all public meetings, court, police,
and city hall services. The City has a Community Outreach Coordinator responsible for promoting civic engagement through
community outreach and public education. The Community Outreach Coordinator also provides translation services and /or
Exhibit B
Page 2 of 3
serves as the point of contact for residents and staff when translation services are requested. The Community Outreach
Coordinator can be reached at 503- 982 -5388 or by request at City Hall. The City also provides translation services for
documents /records requests. The City recently updated their website to allow for translation of city information to over 50
languages.
LANGUAGE ACCESS PLAN (LAP) AND DETERMINATION: The City of Woodburn has well established translation services for
public meetings court website translations city services and documents /records requests The City can tap into these
resources as needed and has staff contacts assigned to be the Point of contact for interested parties and /or staff.
Exhibit B
Page 3 of 3
SAFE HARBOR TEST FOR WRITTEN TRANSLATION SERVICES:
Size of Language Group
Recommended Provision of Written
CDBG
Supporting Documentation
Language Assistance
Recipient
1,000 or more in eligible population
Translated vital documents.
X
The City provides translated
in the market area of among current
vital documents to interested
beneficiaries
parties upon request.
Translation services are
available upon request.
More than 5% of the eligible
Translated vital documents.
population or beneficiaries and more
than 50 in number
More than 5% of eligible population
Translated written notice of right to
or beneficiaries and 50 or less in
receive free oral interpretation of
number
documents.
5% or less of the eligible population
No written translation is required.
or beneficiaries and less than 1,000 in
number
SAFE HARBOR DETERMINATION: The City offers translated documents if requested for all city services provided. The City
already provides offers of translation services in Spanish and Russian These translation services /service languages are based on
the most current census data for the service population The City also has a staff point of contact to assist residents and staff in
pints of contact/requests for translation services or documentation The City also Posts notices in English Spanish and Russian
that LEP services are available.
LANGUAGE IDENTIFICATION FLASHCARD
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17. Hindi
18. Hmong
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20. Ilocano
21. Italian
22.Japanese
23. Korean
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32. Tagalog
33. Thai
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35. Ukranian
36. Urdu
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138.Yiddish
DB- 3309
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28. Russian
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30. Slovak
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32. Tagalog
33. Thai
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36. Urdu
37. Vietnamese
138.Yiddish
DB- 3309
Ewnomia enE.S.0 CENSUS _ _ U.S. CENSUS BUREAU