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3171 Section 3 Employment Opportunities for Local Business and Low-Income Persons
SECTION 3 PLAN
WHEREAS, the County of Warren is committed to comply with Section 3 of the Housing and Urban Development Act of 1968; and
WHEREAS, in accordance with CDBG Regulations, the County’s Section 3 Plan must be updated annually; and
WHEREAS, this Act encourages the use of small local businesses and the hiring of low-income residents of the community; and
WHEREAS, the Section 3 Coordinator will oversee implementation and enforcement of this plan in the areas of (1) Hiring (2) Contracting (3) Training (4) CDBG Contract language.
NOW, THEREFORE, BE IT RESOLVED, by the County Commissioners of the County of Warren that they
HEREBY endorse and support such a program for the citizens of the County of Warren and areas nearby Warren County, as indicated in the attached Section 3 Plan, which is hereby adopted.
PASSED, APPROVED, AND ADOPTED, this 14th day of October, 2020, at the regular meeting of the Warren County Commissioners.
COMMISSIONERS OF WARREN COUNTY
Tricia D. Durbin
Attest: Vice Chair
Pamela J. Matve Jeff Eggleston
Chief Clerk Commissioner
COUNTY OF WARREN – SECTION 3 PLAN
The County of Warren is committed to comply with Section 3 of the Housing and Urban Development Act of 1968. This Act encourages the use of small local businesses and the hiring of low-income residents of the community.
The County of Warren has appointed the County's Planning and Zoning Department's Grants Administrator, Lorri Dunlap, as the Section 3 Coordination/Compliance Officer, to advise and assist key personnel and staff on Section 3, to officially serve as focal point on Section 3 complaints, as the on-site monitoring of prime contractors and sub-contractors to ensure the implementation and enforcement of Section 3. The approval or disapproval of the Section 3 Plan is the ultimate responsibility of the County. Documentation of County efforts will be retained on file in the appropriate office for monitoring by the State.
Therefore, the County of Warren shall:
- Advertise for all County positions in local newspaper, except
those listed as exempt employees, and those filled by vacancy
- List all County job opportunities with the State of Pennsylvania
Employment Service, except those listed as exempt employees,
and those filled by vacancy promotions.
- Preference in hiring will be given to lower income persons residing
in the County. This means that if two equally qualified persons
apply and one is a lower income resident of the County and one is
not, the resident will be hired.
- Maintain records of County hiring as specified on this form.
Anticipated County Hiring
# of Positions
to be Filled
# of Positions to
be Filled by Lower
Income County Residents
# Position filled
by Lower Income
- The County will compile a list of businesses, suppliers, and contractors located in the County.
- These vendors will be contacted whenever the County requires supplies, services, or construction to solicit bids or quotes.
- Preference will be given to small local businesses. This means if identical bids/quotes are received from a small business located within the County and one from outside the County, the contract will be awarded to the business located within the Community.
The County shall maintain a list of all training programs operated by the County and its agencies and will direct them to give preference to County residents. The County will also direct all Community Development Block Grant (CDBG) sponsored training to provide preference to County residents.
- CDBG Contracts
All CDBG bid proposals and contracts shall include the following Section 3 language:
- The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project areas, and contracts for work in connection with the project be awarded to business concerns residing in the project area. The County has set a goal that 30% of all federal contracts are awarded to Section 3 business firms.
- The parties to this contract will comply with the provisions of said Section 3 and the regulation issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
- The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
- The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulation under 24 CFR 135, and will not let any subcontract unless the subcontractor has first provided it with the requirements of these regulations.
- Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department, issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.
The County shall require each contractor to prepare a written Section 3 Plan as a part of their bids on all jobs exceeding $100,000.00. All Section 3 Plans shall be reviewed and approved by the County’s Equal Opportunity Section 3 Compliance Officer (Grants Administrator) and maintained in said office for monitoring by the State.
The County of Warren will maintain all necessary reports and will ensure that all contractors and subcontractors submit required reports.
LOWER INCOME CLARIFICATION
A family who resides in the County of Warren and whose income does not exceed the income limit for the size of family as per HUD's Section 8 Income Limit (80% or less of County median income) for Warren County. Information contained in our Section 3 Plan reflects the status of Warren County employees regarding lower income considerations based on their salary paid by the County.
ATTEST: WARREN COUNTY COMMISSIONERS:
Pamela J. Matve, Chief Clerk Benjamin Kafferlin, Chairman
Tricia D. Durbin, Vice Chair
Jeff Eggleston, Secretary