MIAMI-DADE COUNTY

HOUSING AND COMMUNITY DEVELOPMENT

Page 1 of 7 RS/17/9719 Revised 01/28/2025

SECTION 3 REQUIREMENTS FOR PROCUREMENT CONTRACTS

APPENDIX #

ATTACHMENT #

I. CONE OF SILENCE EXEMPTION

Housing and Community Development (HCD) staff and bidders, contractors, or proposers may communicate while a bid is in progress and prior to award of a bid to clarify Section 3 definitions, requirements, and business preference procedures, pursuant to the Miami-Dade Commission on Ethics opinion on March 10, 2004.

II. GENERAL REQUIREMENTS

1. This contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 and the implementing regulations in 24 Code of Federal Regulations (CFR) Part 75, as amended by interim rule published on September 29, 2020.

2. Section 3 (24 CFR Part 75) requires that, employment and other economic opportunities generated by certain United States Department of Housing and Urban Development (HUD) financial assistance shall, to the greatest extent feasible and consistent with 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- and very low-income persons.

3. Section 3 requires recipients, contractors, and subcontractors to direct their efforts to award Section 3 covered contract, to the greatest extend feasible, to Section 3 Business Concerns.

Section 3 businesses must comply with procedures and requirements, including deadlines mentioned in this document.

4. Contractors must familiarize themselves with the Section 3 regulations and requirements.

Contractors interested in receiving more information on Section 3 requirements or interested in becoming a HCD-certified Section 3 Business Concern shall contact HCD Section 3 Coordinator at Section3@miamidade.gov. Note: In order for a bidder, contractor or proposer to qualify for a Section 3 contracting preference, the entity must be pre-certified by HCD as a Section 3 business, at least 14 days prior to the bid opening date.

5. All bidders, contractors, or proposers (Section 3 and non-Section 3) are required to execute and submit under this Contract all the required forms listed on Section VII of this document at the time of response to this solicitation and post-award or upon request from the County.

Contractors who do not submit the required documents will not be permitted to bid on any HCD work covered under this contract.

Attachment A - Section 3 mailto:Section3@miamidade.gov

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III. SECTION 3 - CLAUSE (24 CFR Part 75):

All section 3 covered contracts shall include the following clause (referred as the section 3 clause).

The successful bidder, contractor, or proposer, and selected subcontractors, are bound by the Section 3 Clause and must be included in all subcontractor agreements.

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 the employment and other economic opportunities generated by HUD assistance of 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 24 CFR Part 75 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 worker's 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. Non-compliance with HUD's regulations set forth 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. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

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IV. DEFINITIONS

What is Section 3?

Section 3 is a provision of the Housing and Urban Development Act of 1968. The purpose of 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- and very low-income persons.

What is a Section 3 project?

Section 3 projects are housing rehabilitation, housing construction, and other public construction projects assisted under HUD programs that provide housing and community development financial assistance when the total amount of assistance to the project exceeds a threshold of $200,000.

What Does “Section 3 Business Concern” mean?

A Section 3 business concern is a business that meets at least one of the following criteria, documented within the last six-month period:

- At least 51 percent owned and controlled by low- or very low-income persons;

- Over 75 percent of the labor hours performed for the business over the prior three-month period are performed by Section 3 workers; or

- A business at least 51 percent owned and controlled by current public housing residents or residents who currently live in Section 8-assisted housing.

What Does “Section 3 Worker” Mean?

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 categories, as documented: 1. The worker’s income for the previous or annualized calendar year is below the income limit established by HUD (see Question 6 of this part I of these FAQs, below); 2. The worker is employed by a Section 3 business concern (see Question 5 of part I, below); or 3. The worker is a YouthBuild participant.

What Does “Targeted Section 3 Worker” Mean?

A Section 3 targeted worker for Public Housing 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 fit at least one of the following categories, as documented within the past five years: (i) A resident of public housing or Section 8-assisted housing; (ii) A resident of other public housing projects or Section 8-assisted housing managed by the PHA that is providing the assistance; or (iii) A YouthBuild participant.

How are low-income and very low-income determined?

Low- and very low-income limits are defined in Section 3(b)(2) of the Housing Act of 1937 and are determined annually by HUD. These limits are typically established at 80 percent and 50 percent of the area median individual income. HUD income limits may be obtained from:

https://www.huduser.org/portal/datasets/il.html.

http://www.huduser.org/portal/datasets/il.html

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What is YouthBuild?

YouthBuild is a community-based pre-apprenticeship program that provides job training and educational opportunities for at-risk youth ages 16-24 who have previously dropped out of high school.

Key Terms The terms "Bidder," "Contractor," or "Proposer" refer to the individual, firm, entity, or organization submitting a response to this solicitation.

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V. PREFERENCE FOR SECTION 3 BUSINESS CONCERNS (24 CFR Part 75)

ORDER OF PROVIDING PRIORITY RANKINGS:

a) Consistent with existing Federal, state, and local laws and regulations, recipients of public housing financial assistance, and their contractors and subcontractors, must make their best efforts to award contracts and subcontracts to business concerns that provide economic opportunities to Section 3 workers in the following order of priority:

Category 1 Business

(Highest Priority)

Section 3 business concern that:

(a) Provides economic opportunities for residents of the public housing projects for which assistance is provided.

Category 2 Business

Section 3 business concern that:

(b) Provides economic opportunities for residents of other public housing projects or

Section-8 assisted housing managed by the PHA that is providing the assistance.

Category 3 Business

Section 3 business concern that:

(c) Provides economic opportunities to YouthBuild Programs

Category 4 Business

Section 3 business concern that:

Provide economic opportunities to Section 3 workers residing within the metropolitan area

(or nonmetropolitan county) in which the assistance is provided.

b) Eligibility for preference. A business concern seeking to qualify for a section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a Section 3 Business Concern.

c) Ability to complete contract. A Section 3 Business Concern seeking a contract or a subcontract shall submit evidence to the recipient, contractor, or subcontractor (as applicable), if requested, sufficient to demonstrate to the satisfaction of the party awarding the contract that the business concern is responsible and has the ability to perform successfully under the terms and conditions of the proposed contract.

VI. REQUIREMENTS AND PROCEDURES

Establishing benchmarks.

HUD will establish Section 3 benchmarks for Section 3 workers or Targeted Section 3 workers or both through a document published in the Federal Register. HUD may establish a single nationwide benchmark for Section 3 workers and a single nationwide benchmark for Targeted Section 3 workers, or may establish multiple benchmarks based on geography, the type of public housing financial assistance, or other variables. HUD will update the benchmarks through a document published in the Federal Register, subject to public comment, not less frequently than once every 3 years.

Such notice shall include aggregate data on labor hours and the proportion of PHAs and other recipients meeting benchmarks, as well as other metrics reported pursuant to §75.15 as deemed appropriate by HUD, for the 3 most recent reporting years.

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Section 3 benchmarks will consist of the following two ratios:

(I) The number of labor hours worked by Section 3 workers divided by the total number of labor hours worked by all workers funded by public housing financial assistance in the PHA's or other recipient's fiscal year.

(II) The number of labor hours worked by Targeted Section 3 workers, as defined in §75.11(a), divided by the total number of labor hours worked by all workers funded by public housing financial assistance in the PHA's or other recipient's fiscal year.

Recipients of public housing financial assistance will be considered to have complied with requirements if they:

(1) Certify that they have followed the prioritization of effort in Part 75;

(2) Meet or exceed the applicable Section 3 benchmarks as described in 24 CFR Part 75.

Reporting

Reporting of labor hours for recipients of public housing assistance must report in a manner prescribed by HUD:

(I) The total number of labor hours worked;

(II) The total number of labor hours worked by Section 3 workers; and (III) The total number of labor hours worked by Targeted Section 3 workers.

Document the outreach steps taken, consistent with the steps listed on Document 00400 “Section 3 Economic Opportunity and Affirmative Marketing Plan”, to demonstrate compliance in solicitation to Section 3 Business Concerns.

The contractor and subcontractors must meet applicable requirements, follow the outreach steps described in the contractor’s executed Plan, submit the required HCD’s post-award forms, and complete the required Section 3 workforce reports in the frequency and format requested by HCD during the performance of the contract. Failure to comply with the requirements in the time frame requested may result in sanctions, termination of the contract for default, and debarment or suspension from future HUD-assisted contracts.

TRAINING AND EMPLOYMENT OPPORTUNITIES - RECRUITMENT

If subcontracting, contractor and subcontractors shall comply with the numerical goals for training and employment for new hires. Efforts to employ Section 3 Residents, to the greatest extent feasible, should be made at all job levels.

Therefore, contractor and subcontractors shall comply with training and employment steps outlined in Document 00400 “Section 3 Economic Opportunity and Affirmative Marketing Plan”, and must adhere to the following provisions:

a) Commit to undertake efforts to train and hire qualified Section 3 workers for their existing vacant or new positions in connection with this award.

b) Explain to all job applicants how to claim Section 3 preference using HCD forms provided at each pre-construction meeting.

c) Include the language available in Document 00404 “Section 3 Language for News Ads, Flyers, and Job Notices”, in any job news ads, flyers, and community notices, when advertising the training and employment opportunities. Provide preference to Section 3 workers in the hiring and training opportunities in connection with this award. Notices must be placed at the job site where work is to take place and in the surrounding community during the performance of the contract.

d) Must submit the required HCD’s post-award forms listed in Section VII in the frequency and format requested by HCD, or upon request from the County on their efforts made to train and/or employ Section 3 residents in connection with this award and the results during the performance of the contract. Failure to comply with the requirements in the time frame requested may result in sanctions, termination of the contract for default, and debarment or suspension from future HUD-assisted contracts.

Page 7 of 7 RS/17/9719 Revised 01/28/2025 listed below with the bid package or upon request from the County:

IV.

VII. REQUIRED DOCUMENTS FOR SUBMISSION

PRE-AWARD: Bidders/Contractors/Proposers should complete and submit the applicable documents Submit with BID Package

Doc. # Document/Form Name

00200 Section 3 Business Preference Claim (Only if claiming Section 3 preference)

00400 Section 3 Economic Opportunity and Affirmative Marketing Plan (Plan)

POST-AWARD PROCESS: Must complete and submit the following documents within 14 days of award notification:

AWARD PROCESS - REQUIRED DOCUMENTS

Doc. # Document/Form Name

00403 Training and Employment Outreach

00404 Section 3 Language for News Ads, Flyers and Job Notices (For inclusion in awardee’s jobs ads)

00406 Letter of Intent to Subcontract/Solicit Section 3 Businesses

00430 List of Subcontractors Utilization

VIII. Preference for Section 3 workers in Training and Employment Opportunities (24 CFR Part 75)

a) Order of providing preference. Contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated by HUD funded projects to Section 3 workers in the order of priority provided below.

Category 1 Residents

(Highest priority)

Residents of the HCD’s public housing development or developments where work is to take place.

Category 2 Residents Residents of other HCD’s public housing developments or programs managed by HCD.

Category 3 Residents

Participants in HUD Youthbuild programs currently operating in Miami-Dade County. For more information, contact YWCA of Greater Miami, Inc. at 305-377-9922.

Category 4 Residents

Other Section 3 Residents:

(a) Recipients of federal government housing assistance programs, such as Section 8, Section 202, HOME, etc., or who are participants in a federally funded job training program, such as Wages, etc, or

(b) Individuals who reside in Miami-Dade County, and meet the definition of a low- or very low-income person.

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b) Eligibility for preference. A Section 3 worker seeking the preference in training and employment shall certify, and submit evidence to the recipient, contractor or subcontractor, that the person is a Section 3 worker as defined above. Example of evidence of eligibility for the preference is evidence of receipt of public assistance, or evidence of participation in a public assistance program.

c) Eligibility for employment. Contractors and subcontractors are not required to hire/employ a Section 3 worker who does not meet the qualifications of the position to be filled.

IX. EMPLOYMENT OPPORTUNITIES

For information on employment opportunities and application assistance, contact the CareerSource South Florida, at (305) 594-7615, ext. 407, or at www.careersourcesfl.com or the State of Florida.

http://www.careersourcesfl.com/

701 NW 1st Court, 16th Floor, Miami, FL 33136 Ph. #786-469-4227 www.miamidade.gov/housing Section3@miamidade.gov

SECTION 3 BUSINESS PREFERENCE CLAIM FORM

DOCUMENT 00200

OPTIONAL DOCUMENT: Only applicable to current HCD certified Section 3 (S-3) businesses who wish to claim Section 3 Business preference. Section 3 businesses must become certified at least two weeks prior to bid opening date to be eligible to claim Section 3 Business preference. Business application requests may be emailed to HCD at Section3@miamidade.gov.

I, certify that this (Name of owner) (Business Name) has been certified by HCD as a Section 3 Business. Therefore, I am claiming contracting preference under the following category:

Initials Category Section 3 Business’ Categories:

(Only initial the category that best applies to your business)

Section 3 business concern that:

(a) Provides economic opportunities for residents of the public housing projects for which assistance is provided.

Section 3 business concern that:

(b) Provides economic opportunities for residents of other public housing projects or Section-8 assisted housing managed by the PHA that is providing the assistance.

Section 3 business concern that:

Provides economic opportunities to YouthBuild Programs

Section 3 business concern that:

Provide economic opportunities to Section 3 workers residing within the metropolitan area (or nonmetropolitan county) in which the assistance is provided.

(Print Name) (Signature/ Date)

(Title) (Phone Number) Email address

(Company/Business/Firm Name) (Address) BID/RFP Number: BID/RFP Name:

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

Page 1 of 1 RS/2/010413/V3 Revised 01/28/2025 http://www.miamidade.gov/housing www.miamidade.gov/housing Section3@miamidade.gov

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

Page 1 of 2 Revised 01/28/2025

Bidders/Contractors/Proposers should complete and submit this document with the bid package or upon request from the County:

BID/RFP Number: BID/RFP Name:

(Name of business owner, officer, representative, agent) (Company/Business/Firm Name)

The individual above, (awardee/contractor), is responsible for planning, implementing and tracking firm’s Section 3 and affirmative marketing training, employment and contracting goals applicable to Housing and Community Development (HCD) projects and must comply with United States Housing and Urban Development’s (USHUD) Section 3 regulation at 24 CFR Part 75 (email HCD Section3@miamidade.gov to obtain a copy).

Section I: Recruitment Procedures Required to Fill Vacant or New Positions Resulting from HCD Awards (Applicable to Single Trade and Multi-Trade Projects)

1. Request from HCD Section 3 Coordinator employment referrals from public housing residents, Section 8 and other housing program recipients, and low-income persons by email Section3@miamidade.gov.

2. Advertise the training and employment opportunities at the jobsite and surrounding neighborhood for targeted Section

3 residents and use the following language, which is available in Document 00404 “Section 3 Language for News Ads, Flyers and Job Notices” in all job notices and flyers:

“This project/activity/solicitation, in whole or in part, will be assisted through the Miami-Dade County Housing and Community Development with Federal funding and is covered under 24 CFR Part 75, Section 3 Economic Opportunities. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low-income persons or business owners who live in the project’s area.”

3. Schedule a time and place convenient for public housing and other Section 3 Residents to complete job applications and conduct job interviews, if applicable.

4. Contact YWCA of Greater Miami, Inc. at 305-377-9922, or fax 305-373-9922, for HUD Youthbuild employment referrals.

You may also visit their web-site at www.ywca-miami.org for more information.

5. Send notices about Section 3 training and employment obligations and opportunities required for Housing and Community Development projects to labor organizations, where applicable (review Section 3 Clause).

6. Awardee/contractor and subcontractors are required to: (a) establish files to document all recruitment efforts and results when filling vacancies or new positions in connection with HCD projects; (b) use Document 00403, “Training & Employment Outreach” form to document agency referral responses, and (c) produce evidence of recruitment efforts to HCD as requested.

7. Awardee/contractor is responsible for collection of subcontractor(s) training and employment documentation outreach efforts described in this document, new hire reports (required) and weekly employment forms (only when subcontractor(s) hire workers for vacant or new positions in connection with HCD awards).

8. Will Subcontractor(s) be used? YES / NO. If yes, Awardee/contractor is also required to comply with section II of this document.

Section 3 Economic Opportunity and Affirmative Marketing Plan

DOCUMENT 00400

http://www.miamidade.gov/housing mailto:Section3@miamidade.gov mailto:Section3@miamidade.gov http://www.ywca-miami.org/ www.miamidade.gov/housing Section3@miamidade.gov

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

Page 1 of 2 Revised 01/28/2025

Section II: Awardee/contractor Recruitment of Section 3 Businesses

Awardee/contractor shall demonstrate compliance in solicitation to the business categories, listed above, by following the steps described on page two of this Plan and providing evidence to HCD when requested.

1. Refer any interested subcontractors that may meet the criteria to become a certified Section 3 Business to HCD Section 3 Coordinator (Compliance) for assistance with completions and submittal of Section 3 Business Application.

http://www.miamidade.gov/housing

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

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2. Request from HCD Section 3 Coordinator employment referrals from public housing residents, and other housing program recipients, and low-income persons by email Section3@miamidade.gov.

3. Advertise for Section 3 subcontractors (subs) in construction trade journals, and post notices and distributes flyers at work site and surrounding neighborhood. The purpose of such advertisements is to make prospective subs aware of the Section 3 preference requirements applicable to HCD project awards.

4. Send via fax, email or hand-deliver Document 00406 “Letter of Intent to Subcontract/Solicit Section 3 Businesses to all prospective subcontractor businesses for work in connection with each HCD award.

5. Allow each subcontractor a minimum of five (5) business days to respond to contractor’s solicitation by returning the applicable form(s) completed and signed. All forms received from Section 3 Businesses subcontractors should be sent to HCD within 14 days of notification.

6. Use the Document 00403 “Training and Employment Outreach” form to document recruitment and follow-up with subcontractors. Make a second attempt to solicit to any Section 3 Business Concerns, who did not respond to the first solicitation attempt, using a variety of communication methods, i.e. facsimile, telephone, e-mail, etc.

7. Awardee/contractor is required to retain any documentation of outreach efforts and responses received from any organizations and subcontractors contacted for each HCD project award, for three years after project completion.

8. Awardee/Contractor should submit all post award forms referenced in this document to HCD, or upon request from the County via email at Section3@miamidade.gov, within 14 days of notification.

(Print Name) (Signature/ Date)

(Title) (Phone Number) (Email address)

(Company/Business/Firm Name) (Address)

BID/RFP Number: BID/RFP Name:

Section 3 Economic Opportunity and Affirmative Marketing Plan

DOCUMENT 00400

HOUSING AND COMMUNITY DEVELOPMENT TRAINING AND

EMPLOYMENT OUTREACH

DOCUMENT 00403

Awardee/contractor and subcontractors are required to document all recruitment efforts and results when filling vacancies or new positions in connection with HCD projects. Please record your efforts below and submit to HCD within 14 days of notification, when subcontracting. Use additional pages if necessary.

Date Agency/Organization Contact Person Phone # Job Category (Type of trade or Service Needed)

Response Quote Follow up Action Taken

(where applicable)

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

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Project Name: Project Number: Date: / /

Contractor Print Name Contractor Company Name Email address Phone #

701 NW 1st Court, 16th Floor

Miami, FL 33136 Telephone: 786-469-4227 www.miamidade.gov/housing

Section3@miamidade.gov

Section 3 Language for News Ads, Flyers, and Job Notices

DOCUMENT 00404

Congress established the Section 3 policy to guarantee that the employment and other economic opportunities created by Federal financial assistance for housing and community development programs should, if possible, be directed toward low- and very-low income persons, particularly those who are recipients of government assistance for housing.

The following language must be included in all advertisements/solicitations/flyers and advertised according to the scope of services and value of this solicitation.

“This project/activity/solicitation, in whole or in part, will be assisted through the Miami-Dade County Housing and Community Development with Federal funding and is covered under 24 CFR Part 75, Section 3 Economic Opportunities. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low-income persons or business owners who live in the project’s area.”

For more information on the Section 3 requirements, or to request and application you may contact Housing and Community Development (HCD) Section 3 Coordinator by email at Section3@miamidade.gov, or visit HCD’s website at http://www.miamidade.gov/housing/section-3.asp

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

Page 1 of 1 REVISED 01/28/2025 http://www.miamidade.gov/housing mailto:Section3@miamidade.gov http://www.miamidade.gov/housing/section-3.asp www.miamidade.gov/housing Section3@miamidade.gov

LETTER OF INTENT TO SUBCONTRACT/SOLICIT SECTION 3 BUSINESSES

DOCUMENT 00406

Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that is intended to foster local economic development, neighborhood economic improvement, and individual self-sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods.

The goal of Section 3 is to ensure that employment and other economic opportunities generated by federal financial assistance for housing and community development programs are directed toward low- and very low-income persons, particularly recipients of government assistance.

Project Name: Project Number:

Contract Award Amount: $ Date: / / Phone/Fax #:

From:

Contractor Print Name Contractor Company Name Email address

To:

(Subcontractor) Name Business (Subcontractor) Name Phone/Fax #

Please be advised that I intend to subcontract the following work in connection with the above Housing and Community Development’s project/contract, which is subject to Section 3 requirements:

Type of Work required to be performed by subcontractor

Job Category: Specialty Trade or Service Needed

Type of License Required, if any

(To be completed by subcontractor and submitted at the time of bidding)

If the subcontractor is interested in submitting a bid for a HCD’s project/work awarded to the above named contractor, the subcontractor must complete Section II of this form and return/submit to the contractor within five (5) business days. Otherwise, if not interested or unable to perform work, the subcontractor shall complete the “Certificate of Unavailability” form and return/submit it to the contractor within five (5) days.

Business/subcontractor’s Federal Employer Identification # or SS# (last 4-digits):

I, _, , of _, D Holds the following State of Florida and/or MDC professional or technical licenses:

License: Expiration Date: / _/ License: Expiration Date: _/ _/ My business has the sufficient capacity to perform the type of work required, the valid license(s) and/or permit(s) as applicable, the ability to obtain bonding that is consistent with normal industry practice (if applicable), and the ability to meet the bid specifications.

Contractor Signature: Date: / _/

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

(Print Name) (Title) (Business Name) certify, that my business: Is Certified as a Section 3 Business by HCD

Is not certified as a Section 3 Business.

http://www.miamidade.gov/housing

Project Name: Project #: Contract Award Amount: $ Federal ID #:

Contractor Business Name: Address:

Name of Person Completing Form: Email Address: Phone #:

Contractor’s Racial/Ethnicity Code (optional):

Will subcontractors be used? Yes S-3 Business: Yes No

No If yes, please complete information below for all subcontractors being utilized.

TOTAL AMOUNT OF SUBCONTRACTS: $ TOTAL AMOUNT AWARDED TO SECTION 3 BUSINESSES: $

HOUSING AND COMMUNITY DEVELOPMENT

LIST OF SUBCONTRACTORS UTILIZATION SECTION 3 BUSINESS

DOCUMENT 00430

DOCUMENT REQUIRED WITH BID ON ALL SINGLE AND MULTI-TRADE PROJECTS. Contractor should include information about all subcontracts on this form, and attach documentation to demonstrate the affirmative steps undertaken to solicit and award contracts (where subcontracts are applicable) to Section 3 (S-3) businesses, in accordance with solicitation procedures described in the proposal or bid.

Subcontractor (SC) Information:

Name, Address, Phone and Fax Numbers

Federal

ID #

Section 3 Business Yes/No

Racial/ Ethnic Code**

Contract Amount

Trade, Service or

Supply Competitive or Negotiated Bid

*RACIAL/ETHNIC CODES: 1 - White Americans 2 - Black Americans 3 - Native Americans 4 - Hispanic Americans 5 - Asian/Pacific Americans 6 - Hasidic Jews.

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

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ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS

Applicant: Mailing Address:

Co-Applicant: Zip Code:

E-mail Address: Telephone:

The Miami-Dade County Conflict of Interest and Code of Ethics at Sec. 2-11.1 (c)(5)(5) allows County Employees and their immediate family members to apply for direct housing assistance programs from the County’s Housing and Community Development department (HCD) if they meet certain conditions and if the following criteria are met. Check if any of the following applies to you:

1. Please mark the PHCD Program you are applying for:

Section 8 Housing Choice Voucher (HCV) Public Housing Rental Project-Based Voucher (PBV) Tenant-Based Rental Assistance (TBRA-maximum 2 years) Veterans Affair Supportive Voucher (VASH) Home-ownership Program (Second Mortgages) Moderate Rehabilitation Home-owner Rehabilitation Program Substantial Rehabilitation Home-owner Beautification Program Shelter Plus Care (S+C) Other (please list):

2. Mark the type of participation you are seeking for the program marked above:

Owner/Landlord Housing Assistance Applicant

Signature of Applicant:

Signature of Co-Applicant:

Date:

Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.

3. I/we do not currently work for Miami-Dade County.

4. I/we am/are a School Board or Federal Employee. These employees are not covered under Section 2-11.1 of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance.

IF YOU MARKED BOXES 3 OR 4, NO FURTHER ACTION IS NEEDED. THE PHCD REPRESENTATIVE MUST PLACE

THIS FORM IN APPLICANT’S FILE.

5.

I/we am/are a Miami-Dade County Employee (including Jackson Public Health Trust Employees).

Please provide the department and division you are working for:

6.

7.

I/we am/are an appointed or elected County Official.

I/we am/are *immediate family to a Miami-Dade County employee, appointed or elected official.

(*)Immediate family is defined as spouse, domestic partner, parents, stepparents, children and stepchildren.

Please provide the following information regarding the Miami-Dade County employee, appointed or elected official:

Name of employee, appointed or elected official:

Department, Division, or Board:

IF YOU MARKED BOXES 5, 6, or 7, THE APPLICANT MUST OBTAIN THE REQUEST FOR OPINION (RFO) APPLICATION AT: http://ethics.miamidade.gov/library/forms/county_emps relatives_seeking_housing_assist_8-15.pdf. THE RFO

APPLICATION MUST BE FULLY COMPLETED AND SENT TO THE CONTACT PERSON INDICATED.

Attachment B - Ethics Disclosure Form http://ethics.miamidade.gov/library/forms/county_empsrelatives_seeking_housing_assist_8-15.pdf

ALC/AM/CA/CD/1/62414/V5

Hurricane Plan/Duties – Proposer to provide a listing/record of all Special Needs tenants for each development within three months of contract award and annually in the event of changes. For new move-ins, upon move-in date.

PHASE A: Hurricane Pre-Season (January to May)

• Distribute copies of the Hurricane Preparedness Plan to appropriate staff.

• Notify County staff via telephone when the Hurricane Preparedness Plan is activated.

• Review FEMA damage assessment forms and reporting procedures.

• Copy and distribute instructional flyers to all residents. Flyers must contain locations of nearby hurricane shelters.

• Assure that proper preventive maintenance procedures, especially on emergency equipment are performed.

• Confirm that emergency generators are working properly and tanks are full of diesel or propane (LP) gas. If needed, contact an approved vendor to fill tanks.

• Check roof drains, gutters, downspouts and parking lot catch basins to ensure proper flow (Refer to Procurement

Management [PM] Manual).

• Perform pre-check on elevators.

• Properly trim all trees that pose a danger to people or property.

• Video tape and/or photograph the site after a natural disaster for insurance purposes.

• Prepare a list of essential and non-essential employees and distribute to staff.

• Track and document time, materials, and equipment used on storm related preparation activities.

• Create and maintain a listing of special needs tenants and their needs and required accommodations. This listing would be critical information to be provided on a timely basis to first responders or other emergency service providers in the event of a hurricane or other disaster.

PHASE B: Hurricane Advisory

• Survey site to identify all materials/objects that may need to be secured and/or removed.

• Inspect balconies to identify objects that may need to be secured or removed.

• Check emergency generators, alarm systems, and sump Fedrps to assure they will work properly under emergency conditions.

• Survey windows and doors to identify those which require securing.

• Evaluate out batteries for all emergency lights, exit lights, and, that smoke detectors are working.

• Verify that all necessary boarding materials are stored on-site. If not, purchase required boarding materials.

• Advise Project Manager of any problems/concerns or absences of critical response team.

• Remind essential staff to remain on stand-by alert.

• Track and document time, materials, and equipment used on storm related preparation activities.

PHASE C: Hurricane Watch

• Alert staff of storm up-grade.

• Alert all residents and distribute instructional flyers to all residents. Ensure residents are aware if the development is in an evacuation zone and where shelters are located.

• Survey site to verify that all materials, objects and debris have been removed or secured. Pay special attention to porches and balconies.

• Prepare elevators for hurricane.

• Secure site windows: for example, office windows and lobby storefronts can be secured at this time.

• Track and document time, materials, and equipment used on storm related preparation activities.

ATTACHMENT C – HURRICANE DUTIES

Attachment C - Hurricane Duties

PHASE D: Hurricane Warning

• Secure or remove dumpsters, trashcans, playground equipment, debris and anything else that can become airborne.

• Secure by boarding-up, putting-up shutters, taping (whichever is applicable) all remaining glass. Except emergency exits and main entries.

• Secure elevators.

• Turn off electricity, water, gas, etc. to any non-residential buildings.

• If necessary, place sandbags in critical areas for potential flooding.

• Notify the Project Manager that all Hurricane Preparedness Plan have been implemented.

• Compile a list of residents that are staying in their units during the storm, so you can obtain periodic updates on the status of your developments during the storm.

• Track and document time, materials, and equipment used on storm preparation activities.

PHASE E: During Hurricane

• Monitor radio/media for “all clear” notification.

• All essential employees return to work when notification of “all clear” is given.

PHASE F: After Hurricane

• Check the wellbeing of residents and assure them that there are no emergency health or safety situations, which require your immediate attention.

• Remove boards, shutters and/or tape on glass windows and storefronts and return to storage.

• Survey damage – identify any conditions where damages will continue if remedial action is not taken; for example, broken windows, exposed roofs where further water infiltration can occur.

• Inspect and check elevators.

• Make emergency remedial repairs to those conditions found.

• Take photographs of damaged areas and prepare a list of damages incurred and forward it to the County Project Manager, which will be used to prepare the Damage Assessment Reports.

• Take steps to protect against vandalism.

• Have an electrician check over any unsafe electrical conditions to determine safety, reconnect electricity and water.

• Return dumpsters, trashcans, vehicles, furniture, etc. to their usual location.

• Remove debris objects and clean up around premises.

• Resume regular operational activities after authorization from Director, Public Housing, begin repairs that were not determined as emergency repairs above.

• Track and document time, materials, and equipment used on storm related activities.

PHASE G: Hurricane Damage Assessment

• Prepare Damage Assessment Reports with cost estimates and submit them to the

County Project Manager. Initial assessment shall be submitted to the County Project Manager within 72 hours after the storm.

• Prepare estimate of costs of emergency repairs.

• Review, analyze and summarize Damage Assessment Reports for property.

• Track and document time, materials, and equipment used on storm related activities.

• In the event of severe damage to the property, PHCD will assist in providing directions.

Renters will have to find alternate rental housing or temporary emergency shelter.

Section I - Page 1 of 7 form HUD-5370-C (01/2014)

General Conditions for Non-Construction Contracts Section I — (With or without Maintenance Work)

U.S. Department of Housing and Urban

Development Office of Public and Indian Housing

Office of Labor Relations OMB Approval No. 2577-0157 (exp. 1/31/2027)

Public Reporting Burden for this collection of information is estimated to average one hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB number. This form includes those clauses required by OMB's common rule on grantee procurement, implemented at HUD in 2 CFR 200, and those requirements set forth in Section 3 of the Housing and Urban Development Act of 1968 and its amendment by the Housing and Community Development Act of 1992, implemented by HUD at 24 CFR Part 75. The form is required for non-construction contracts awarded by Public Housing Agencies (PHAs). The form is used by PHAs in solicitations to provide necessary contract clauses and allows PHAs to enforce their contracts. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to the Reports Management Officer, Office of Policy Development and Research, REE, Department of Housing and Urban Development, 451 7th St SW, Room 4176, Washington, DC 20410-5000. When providing comments, please refer to OMB Approval No. 2577-0157. Do not send this completed form to either of these addressees. The information collected will not be held confidential.

Applicability. This form HUD-5370-C has 2 Sections. These Sections must be inserted into non-construction contracts as described below:

1) Non-construction contracts (without maintenance) greater than $250,000 - use Section I;

2) Maintenance contracts (including nonroutine maintenance as defined at 24 CFR 905.100) greater than $2,000 but not more than $250,000 - use Section II; and

3) Maintenance contracts (including nonroutine maintenance), greater than $250,000 — use Sections I and II.

Section I - Clauses for All Non-Construction Contracts greater than $250,000

1. Definitions

The following definitions are applicable to this contract:

(a) "Authority or Housing Authority (HA)" means the Housing Authority.

(b) "Contract" means the contract entered into between the Authority and the Contractor. It includes the contract form, the Certifications and Representations, these contract clauses, and the scope of work. It includes all formal changes to any of those documents by addendum, Change Order, or other modification.

(c) "Contractor" means the person or other entity entering into the contract with the Authority to perform all of the work required under the contract.

(d) "Day" means calendar days, unless otherwise stated.

(e) "HUD" means the Secretary of Housing and Urban development, his delegates, successors, and assigns, and the officers and employees of the United States Department of Housing and Urban Development acting for and on behalf of the Secretary.

2. Changes

(a) The HA may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in the services to be performed or supplies to be delivered.

(b) If any such change causes an increase or decrease in the hourly rate, the not-to-exceed amount of the contract, or the time required for performance of any part of the work under this contract, whether or not changed by the order, or otherwise affects the conditions of this contract, the HA shall make an equitable adjustment in the not-to-exceed amount, the hourly rate, the delivery schedule, or other affected terms, and shall modify the contract accordingly.

(c) The Contractor must assert its right to an equitable adjustment under this clause within 30 days from the date of receipt of the written order. However, if the HA decides that the facts justify it, the HA may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment shall be a dispute under clause Disputes, herein. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

(e) No services for which an additional cost or fee will be charged by the Contractor shall be furnished without the prior written consent of the HA.

3. Termination for Convenience and Default

(a) The HA may terminate this contract in whole, or from time to time in part, for the HA's convenience or the failure of the Contractor to fulfill the contract obligations (default). The HA shall terminate by delivering to the Contractor a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall: (i) immediately discontinue all services affected (unless the notice directs otherwise); and (ii) deliver to the HA all information, reports, papers, and other materials accumulated or generated in performing this contract, whether completed or in process.

(b) If the termination is for the convenience of the HA, the HA shall be liable only for payment for services rendered before the effective date of the termination.

(c) If the termination is due to the failure of the Contractor to fulfill its obligations under the contract (default), the HA may

(i) require the Contractor to deliver to it, in the manner and to the extent directed by the HA, any work as described in subparagraph (a)(ii) above, and compensation be determined in accordance with the Changes clause, paragraph 2, above; (ii) take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable for any additional cost incurred by the HA; (iii) withhold any payments to the Contractor, for the purpose of off-set or partial payment, as the case may be, of amounts owed to the HA by the Contractor.

(d) If, after termination for failure to fulfill contract obligations (default), it is determined that the Contractor had not failed, the termination shall be deemed to have been effected for the convenience of the HA, and the Contractor shall been titled to payment as…