There shall be a Department of Housing and Economic
Development, the head of which shall be the Director.
The Department shall:
A.
Advise and assist the Mayor and the Council in regard
to the physical planning and public improvement aspects of all matters
related to the development of the City.
B.
Provide staff assistance to the Planning Board in
all matters under its jurisdiction.
C.
Conduct continuous studies and collect statistical
and other data to serve as the basis for planning recommendations.
D.
Study the operation and effect of land use controls
and their administration within the City and report thereon to the
Mayor and Council.
E.
Develop and administer programs and activities for
the rehabilitation of housing and the conservation of neighborhoods.
F.
Promote the City's economic development through the
retention and expansion of existing businesses and the attraction
of new businesses; and be responsible for coordinating the design
and construction of City-funded facilities and recreational sites.
[Amended 2-5-2004 by Ord. No. 04-6]
The Department shall supervise and coordinate
all redevelopment functions of the City and to that end shall:
A.
Administer and direct urban conservation, rehabilitation
and renewal activities of the City.
B.
Exercise the powers of the City as set forth in the
Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) for
purposes of any federal urban renewal or redevelopment program, provided
that no project shall be undertaken, except upon the approval of the
Council, and nothing in this section shall be construed to authorize
any expenditure, except pursuant to an appropriation made by the Council.
C.
Conduct studies, collect statistical and other data
and make recommendations with regard to redevelopment areas and plans.
D.
Appoint or contract with technical and professional
advisors and assistants as may be required and approved for any federally
or state-aided planning, renewal, development or redevelopment project,
provided that nothing herein shall be construed to authorize the making
of any contract without the approval of Council.
E.
Constitute and appoint advisory committees, neighborhood
councils and other forms of citizen participation in urban rehabilitation
and redevelopment.
Whenever any project or course of action is
related to or may affect the Master Plan, the Department shall submit
the matter to the Planning Board for review and recommendation. Such
recommendations shall be annexed to and accompany any proposal transmitted
to the Council with respect to any such project or course of action.
[Amended 2-5-2004 by Ord. No. 04-6]
There shall be a Bureau of Property Management
within the Division. The Bureau shall:
A.
Manage and dispose of properties acquired by the City
through tax foreclosure.
B.
Manage tax delinquent and other properties subject
to the receivership provisions of state law.
C.
Administer relocation assistance to individuals, households
and businesses displaced as a result of governmental action.
D.
Maintain, board and secure City-owned vacant structures
not needed for public purposes.
E.
Maintain and manage tenant-occupied City-owned structures.
[Amended 2-5-2004 by Ord. No. 04-6]
Within the Department there shall be a Division
of Economic Development under the direction and supervision of the
Director. Subject to the Charter and code, the Division shall:
A.
Prepare an overall economic development plan (OEDP)
for the City.
B.
Encourage the retention of existing businesses and
assist such businesses in securing financing for renovation and expansion.
C.
Encourage the establishment of new industry and businesses
in the City and secure federal and/or state funds to make this possible.
D.
Coordinate the City's economic development efforts
with those of other governmental bodies and agencies.
E.
Arrange and coordinate City services necessary for
economic development projects.
F.
Prepare data and statistics regarding the City's economy
and make analyses and develop recommendations for economic development
policies and activities.
G.
Establish liaison with the Trenton Downtown Association
and various commercial associations, including business associations
in neighborhood shopping areas.
H.
Plan and coordinate public improvements in commercial
areas and the disposition of land owned by the City, Parking Utility
or Redevelopment Agency, if applicable in such areas.
I.
Establish liaison with the Economic Development Corporation
for Trenton (EDCT) and other entities involved in economic development
in the City.
Within the Department there shall be a Division
of Planning. Under the direction and supervision of the Director and
subject to the Charter and Code, the Division shall:
A.
Review all requests of property owners and developers
for consideration by the Planning and Zoning Boards and make recommendations
to such Boards.
B.
Prepare redevelopment plans for proposed redevelopment
areas pursuant to state statute.
C.
Prepare and periodically revise a Comprehensive Master
Plan for the City and prepare such plans, studies, analyses, surveys
and reports which may, from time to time, be necessary to implement
the Master Plan or guide governmental policy to coordinate and promote
the overall development of the City.
D.
Review proposed landmark and historic district designations
and make recommendations to the appropriate City body or bodies which
review and approve such designations.
E.
Assess the environmental impact of proposed facilities,
programs and activities.
F.
Review rehabilitation and construction plans which
are required to be considered by the City Landmarks Commission for
Historic Preservation and make recommendations to the Commission as
to the conformity of the proposed work with the architectural standards
adopted by the Commission.
G.
Establish liaison with the Capital City Development
Corporation and other groups involved in the planning and development
of areas within the City.
H.
Undertake such traffic and transportation plans, analyses
and reports which may be necessary to implement the comprehensive
master planning program or to guide governmental policy for the assurance
of orderly and coordinated traffic and transportation planning and
development of the City, including coordinating the City's traffic
and transportation planning efforts with appropriate county, regional
and state agencies.
I.
Advise the Director on matters dealing with public
transportation, including bus, railroad, taxi and other modes, as
they affect the planning and development of the City.
J.
Undertake plans and studies of parking needs and conditions,
and coordinate the construction of additional public and private parking
facilities, including those to be operated by the Trenton Parking
Utility.
[Amended 2-5-2004 by Ord.
No. 04-6]
Within the Department there shall be a Division
of Housing Production. Under the direction and supervision of the
Director and subject to the Charter and Code, the Division shall:
A.
Through programs for new construction and rehabilitation,
encourage the creation of housing in the City, including market-rate
housing and housing affordable to low- and moderate-income households.
B.
Provide technical assistance and support to developers
of housing, including nonprofit and community-based development corporations.
C.
Coordinate efforts to obtain financing for housing
development from public and private sources.
D.
Encourage the maintenance and improvement of the existing
housing stock through programs of property improvement, rental rehabilitation
and urban homesteading, as appropriate.
E.
Provide technical services to further the improvement
and expansion of facilities for nonprofit organizations providing
services to the City's lower-income households and neighborhoods.
F.
Provide services with respect to the construction
and restoration of public facilities owned and operated by the city.
G.
Provide construction-monitoring services with respect
to housing and related projects being carried out by private developers
and nonprofit corporations.
H.
In conjunction with the Division of Planning, prepare
plans and conduct studies to further the City's ability to provide
affordable housing to its residents.
I.
Build partnerships with private and public sector
agencies and organizations, and encourage innovative programs and
approaches, to the end of improving the housing conditions of the
City's residents. [1]
[1]
Editor's Note: Original Section 2-7.13, Division
of Construction Services, which immediately followed this section,
was deleted 2-5-2004 by Ord. No. 04-6.
[Added 5-16-2019 by Ord.
No. 19-36]
A.
Statement of purpose.
(1)
City of Trenton (COT) is committed to helping the residents of its
communities achieve their individual goal of self-sufficiency by providing
opportunities for training and employment.
(2)
Section 3 of the Federal Housing Act of 1968 requires that economic
opportunities generated by certain U.S. Department of Housing and
Urban Development (HUD) financial assistance shall, to the greatest
extent feasible, be given to low-income persons, particularly those
who are recipients of government assistance for housing, and to businesses
that provide economic opportunities for these persons. Regulations
governing the implementation of Section 3 are contained in 24 CFR
Part 135.
B.
COVERED ACTIVITY
EMPLOYMENT OPPORTUNITIES GENERATED BY SECTION 3 COVERED ASSISTANCE
MANAGEMENT AND ADMINISTRATIVE JOBS
NEW HIRE
RECIPIENT
RESIDENT-OWNED BUSINESS (ROB)
SECTION 3
SECTION 3 BUSINESS
(1)
(2)
(3)
(4)
SECTION 3 COVERED ASSISTANCE
(1)
(2)
(3)
(4)
SECTION 3 COVERED CONTRACTS
SECTION 3 COVERED PROJECT
SECTION 3 RESIDENT
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any activity that is funded by Section 3 covered assistance,
including public housing assistance.
All employment opportunities generated by the expenditure
of Section 3 covered public assistance 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, including 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, etc.
An individual employed on average for at least 30 hours of
service per week, or 130 hours of service per month for permanent,
temporary, or seasonal employment opportunities.
Any entity which receives Section 3 covered assistance, directly
from HUD or from another recipient, and includes, but is not limited
to, any state unit of local government, public housing authority,
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. The "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.
A business concern owned or controlled by public housing
residents that is at least 51% owned by one or more public housing
resident(s); and whose management and daily business operations are
controlled by one or more such individuals.
Section 3 of the Housing and Urban Development Act of 1968,
as amended (12 U.S.C. § 1701u).
The business is 51% or more owned by a Section 3 resident; or
The business' full-time, permanent workforce consists of 30%
or more of Section 3 residents, or persons who were Section 3 residents
within three years of first employment; or
A business that subcontracts in excess of 25% or more of the
total amount of the contract (including modifications), to a business
that is 1% or more owned by a Section 3 resident; or
The business' full-time, permanent workforce consists of 30%
or more of Section 3 residents as identified in Subdivision (1) or
(2) above.
Public housing development assistance provided pursuant to Section
5 of the 1937 Act;
Public housing operating assistance provided pursuant to Section
9 of the 1937 Act;
Public housing modernization assistance provided pursuant to
Section 14 of the 1937 Act;
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).
A contract or subcontract (including a professional service
contract) 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
contracts do not include contracts awarded under HUD's procurement
program, which are governed by the Federal Acquisition Regulation
(FAR). Section 3 covered contracts also do not include contracts for
the purchase of supplies and materials. However, whenever a contract
for materials includes the installation of the materials, the contract
constitutes a Section 3 covered contract.
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.
A public housing resident; or an individual who resides in
the City of Trenton and who meets the following criteria:
LOW-INCOME PERSONSFamilies (or single persons) whose incomes do not exceed 80% of the median income for the area.
VERY-LOW-INCOME PERSONSFamilies (or single persons) whose incomes do not exceed 50% of the median income for the area.
C.
Departmental responsibilities. The following departments have roles
and responsibility in reporting Section 3 activities as described
by the COT Section 3 Policy:
(1)
Administration.
(a)
Obtain annual projections of hiring requirements from all departments.
These projections will be based on expansion plans, turnover history,
and budget availability.
(b)
Provide Personnel Director all current openings eligible for
recruitment from current COT housing tenants.
(c)
Maintain an annual list of positions filled, indicating which
new hires meet the definition of Section 3 eligible residents.
(2)
Purchasing Agent.
(a)
Review every invitation for bid, request for proposal or request
for qualifications to ensure that it includes the required Section
3 language.
(b)
Collect documentation prior to the notice to proceed of the
current employment status of the contractor including subcontractors
of employees who will be working on the project.
(3)
Section 3 Officer.
(a)
In coordination with the Qualified Purchasing Agent (QPA) and
Business Administrator, provide oversight of the procurement process
assuring compliance with Section 3 requirements as outlined in the
Section 3 Policy - Economic Opportunities.
(b)
In coordination with the Qualified Purchasing Agent (QPA) and
Business Administrator, certify Section 3 business status:
[1]
Based on ownership and workforce or workforce only (as applicable)
meeting the required status at the time the bid or proposal is submitted
to COT.
[2]
Completed the "Certification for Section 3 Preference Form"
requirement.
[3]
Demonstrated, to COT satisfaction, that the contractor is responsible
and has the ability to complete the work under the terms and conditions
of the proposed contract. In evaluating firms under this provision,
COT will examine:
[a]
The work history and prior performance of the business
in previous COT projects.
[b]
The requirements of the contract versus the skills
evidenced by the business through its owners, officers, principals,
and any key staff.
[c]
Technical and logistical capacity to complete the
work considering contracts already awarded the business by COT.
[d]
Bonding capacity and ability to obtain required
insurance.
[e]
Evidence of past sanctions imposed by COT.
[f]
Evidence that the business, its principals, associates,
partners, subcontractors or others have acted or colluded in order
to circumvent the compliance process by structuring contractual or
other relationships or engaging in practices designed to comply with
Section 3 only to obtain the preference without regard to the work
or requirements of the job.
[4]
In coordination with Qualified Purchasing Agent (QPA) and Business
Administrator, require each contractor to comply with COT Section
3 compliance procedures and provide them with the applicable forms
(i.e., baseline employment report, new hire Section 3 information
form, and applicable subcontractor forms).
[5]
Maintain a current list of certified Section 3 businesses and
their capabilities with updates from other departments.
[6]
Maintain a record of contractors in Section 3 compliance with
updates from other departments.
[7]
In coordination with the Business Administrator, prepare the
HUD 60002 - Section 3 Summary Report and submit to the Mayor for approval
prior to submission to HUD.
[8]
Verify and document the following:
[a]
Eligibility of Section 3 eligible residents and
tenants.
[b]
Contractors (including subcontractors) will be
required to document that employees hired meet the residency and income
requirements. Documents that may be used include a valid ID with a
City of Trenton address, income tax forms, W2 forms, utility bills,
etc.
[c]
Any inquiries made by a contractor/subcontractor
to hire COT residents or tenants.
[9]
Report to Business Administration on a monthly basis any contact
received by a contractor or subcontractor by documenting the date
of the request, the name of the contractor, the type of job opening,
and if there was a qualified resident available.
[10]
Provide the Business Administration department
on a monthly basis with an updated Section 3 list.
[11]
Track and report all Section 3 activities with
the contractor and subcontractor for each project.
[12]
Have contractors complete any necessary forms
and lists.
[13]
Maintain documents on each contractor's good-faith
efforts and compliance with Section 3 reporting requirements.
[14]
Document any inquiries made by a contractor/subcontractor
to hire COT residents and voucher tenants.
[15]
Receive and maintain a copy of certified payroll
records submitted by the contractor on a monthly basis.
[16]
Notify Business Administration and Purchasing
Department of any conflict of interest pertaining to the selection
of a Section 3 contractor or subcontractor.
(4)
Housing and Economic Development.
(a)
Conduct outreach and recruitment efforts for COT residents and
tenants.
(b)
Promote awareness of Section 3 opportunities in other outreach
activities.
(c)
Provide ongoing information along with community partners in
the projected hiring.
(d)
Review and approve HUD 60002 Section 3 Summary Report and the
performance evaluation report prepared by staff on an annual basis
prior to submission to HUD.
D.
Contractor/subcontractor responsibilities.
(1)
Employment compliance for contractors.
(a)
Prior to the notice to proceed, the contractor (including subcontractors)
must document their workforce for the project. The general contractor
and its subcontractors must provide to the COT documentation on their
good-faith efforts to comply with the workforce participation goals
of any awarded contract. This would include, but not be limited to,
weekly certified payroll reports. All information will be provided
via an electronic Web-based compliance tracking software unless an
alternative method is previously agreed upon by the COT and the contractor/subcontractor.
The alternative method would be the "baseline employment report for
Section 3 form" or their own documentation if the following information
appears on the contractor's or subcontractor's form:
[1]
Name of project.
[2]
Name of the company reporting.
[3]
Name of contractor.
[4]
Job titles.
[5]
Number of positions needed for a specific job title.
[6]
Total expected hours throughout the project.
[7]
Total persons on the payroll that meet the Section 3 definition
and their title.
[8]
Number of positions to be filled during the life of the project.
[9]
Number of positions anticipated to be filled with Section 3
residents.
(b)
Contractors, including subcontractors, will be required to submit
the "new hire Section 3 information form (contractor's version)" with
its certified payrolls. The contractor must comply with the Section
3 requirement throughout the life of the contract. COT will periodically
audit this information.
(c)
Contractors are ultimately responsible for Section 3 compliance
for their specific project. It is their responsibility to ensure that
the subcontractors are complying with Section 3.
(2)
Continued Section 3 status and documentation.
(a)
After the award of a contract, if a business must hire to maintain
the Section 3 workforce percentage, new hiring efforts must be made
in accordance with COT preferences.
(b)
If a business claims Section 3 status by virtue of workforce
composition, documentation of the 30% workforce requirement must be
submitted to COT as part of the response to the bid, quote, or proposal.
Further, the firm must maintain the Section 3 workforce percentage
throughout the life of the contract. Workforce composition is subject
to audit.
(c)
Subcontractors identified by any contractor claiming Section
3 status must be a Section 3 business by ownership and/or workforce
as defined in this procedure.
(d)
Subcontractors used by prime contractors cannot claim Section
3 status by further subcontracting.
(3)
Other Section 3 business opportunities.
(a)
Section 3 joint ventures. COT may permit a contract with an
association of firms, at least one of which meets the COT definition
of a Section 3 business.
(b)
Joint ventures or subcontractors or subconsultants are subject
to the following documentation requirements:
[1]
The subcontractor/subconsultant forms must be in writing and
must be submitted as part of the response to any bid or proposal solicited
by COT.
[2]
The joint-venture agreement and/or subcontractor/subconsultant
forms must reference a completed and fully executed joint venture
certification.
[3]
COT requires that the Section 3 joint-venture partner is a bona
fide Section 3 business; therefore, the joint venture shall provide
documentation that shows that the Section 3 partner meets the ownership
and workforce, or workforce requirements.
[4]
Section 3 requires that the joint-venture partner be responsible
for a clearly defined portion of the work. Proposals or bids must
specify the work portions and compensation to be received by the Section
3 joint-venture firm.
[5]
Section 3 firms in the joint venture must be qualified to perform
the scope of work and have the capacity to complete the work assigned
under the joint-venture agreement.
(4)
Compliance and documentation of "to the greatest extent feasible/good-faith
effort."
(a)
"To the greatest extent feasible" refers to the efforts taken
by the contractor to comply with Section 3 requirements. The contractor
must supply written documentation to COT of good-faith efforts on
a monthly basis to meet the Section 3 requirement.
(b)
Examples of good-faith efforts include, but are not limited
to, the following:
[1]
Entering into hiring agreements with organizations representing
Section 3 residents.
[2]
Establishing training programs, which are consistent with the
requirements of the Department of Labor, for public housing residents
and other Section 3 residents.
[3]
Advertising the training and employment positions by distributing
flyers (which identify the positions to be filled, the qualifications
required, and where to obtain additional information about the application
process) to every occupied dwelling unit in the housing development
and in common areas.
[4]
Consulting with state and local agencies administering training
programs funded through the Workforce Investment Act, probation and
parole agencies, unemployment compensation programs, community organizations,
and other officials or organizations to assist with recruiting Section
3 residents.
[5]
Advertising the jobs to be filled through the local media, such
as community television networks, newspapers of general circulation,
and radio advertising.
(c)
This policy shall remain in effect for all covered activities
so long as this policy remains consistent with federal regulations
or until changed by the City of Trenton.
(d)
All contractors undertaking Section 3 covered projects and Section
3 covered activities on behalf of the City of Trenton Housing are
expected to meet the requirement of Section 3. Any contractor (whether
or not they meet the definition of a Section 3 business), in order
to demonstrate compliance with the requirement of Section 3 to the
"greatest extent feasible," must meet the numerical goals set forth
for providing training, employment and contracting opportunities to
Section 3 residents and Section 3 business concerns.
(e)
It is COT's goal to achieve Section 3 goals through the following
means when awarding contracts:
[1]
Hiring. At least 30% of all new hires must be Section 3 employees
and work, on average, at least 30 hours of service per week, or 130
hours of service per month. This includes COT and low-income Mercer
County area residents. The prime contractor is required to outline
all of the employees who are needed to complete the scope of work.
This will determine how many Section 3 employees are needed for the
contract. The 30% of all new hires covers new hires for the prime
contractor and the subcontractors. Contractors will be required to
utilize an established hiring system, which allows Section 3 individuals
to apply for open positions on COT contracts.
[2]
Contracts. Contractors may demonstrate Section 3 compliance
by providing a certified statement committing to subcontract to Section
3 business concerns:
[a]
At least 10% of the total dollar amount of all
Section 3 covered contracts for building trades work for maintenance,
repair, modernization, or development of public housing, or for building
trades work arising in connection with housing rehabilitation, housing
construction, and other public construction.
[b]
At least 3% of the total dollar amount of all other
Section 3 covered contracts.
[c]
COT's preference is to contract directly with Section
3 business or contract with vendors that subcontract to a Section
3 business. In either case, COT's preference is further defined as
prioritizing business concerns that employ COT residents from the
property where the work is being performed. Note that supply and delivery
contracts may be excepted from these Section 3 policy requirements.
(f)
COT does not certify subcontracted Section 3 business concerns
and it is the responsibility of the prime contractor to verify the
information presented by the self-certified, subcontracted Section
3 businesses.
(g)
If, for any reason, a business is unable to subcontract the
full percentage requirement to a Section 3 business concern, COT requires
the vendor to propose other economic opportunities that would benefit
the residents and future businesses. Examples include, but are not
limited to, teaming agreements, mentorship programs or internship
programs.
(5)
Selection preferences to meet goals. COT preference is to ensure
that as many COT residents as possible are employed full time, for
at least 30 hours of service per week, or 130 hours of service per
month. In an effort to further that goal, COT has created the following
preferences:
(a)
Hiring contractors are to apply a system of priority hiring
among eligible Section 3 residents pursuant to the following:
[1]
Priority 1: Hire residents from the development where the work
is to be performed.
[2]
Priority 2: Hire residents from another COT HUD subsidized property.
[3]
Priority 3: Hire non-COT residents countywide who meet the definition
of Section 3 resident.
[4]
Priority 4: Hire non-COT residents statewide who meet the definition
of Section 3 resident.
(b)
Minimum wage requirements. Contractors must pay the specified
minimum wage or prevailing wage to those employees who are considered
to be providing work to the COT under the contract. The specified
minimum wage or prevailing wage will apply primarily to contracts
for services to the COT, though some employees (or contractors) on
supply contracts may be covered.
(c)
Contracts preference shall be awarded to Section 3 business
concern according to the following system:
[1]
Small purchases. For Section 3 covered contracts aggregating
no more than $100,000, COT shall follow small purchase procedures
as outlined in its procurement policy.
[a]
Where the Section 3 covered contract is to be awarded
based upon the lowest price, the contract shall be awarded to the
qualified Section 3 business concern with the lowest responsive bidder,
if it is reasonable and no more than 10% higher than the quotation
of the lowest responsive quotation from any qualified source. If no
responsive quotation by a qualified Section 3 business concern is
within 10% of the lowest responsive quotation from any qualified source,
the award shall be made to the source with the lowest responsive bid.
[b]
Where the Section 3 covered contract is to be awarded
based on factors other than price, a request for quotations shall
be issued by developing the particulars of the RFP, including a rating
system for the assignment of points to evaluate the merits of each
quotation. The solicitation shall identify all factors to be considered,
including price or cost. The rating system shall provide for a range
of 15% to 25% of the total number of available rating points to be
set aside for the provision of preference for Section 3 business concerns.
The purchase order shall be awarded to the responsible firm whose
quotation is the most advantageous, considering price and all other
factors specified in the rating systems.
[2]
Competitive bids.
[a]
Bids shall be solicited from all businesses (Section
3 business concerns and non-Section 3 business concerns). An award
shall be made to the qualified Section 3 business concern with the
highest priority ranking and with the lowest responsive bid if that
bid is within the maximum total contract price established in the
COT budget for the specific project for which bids are being taken;
and is not more than "X" higher than the total bid price of the lowest
responsive bid from any responsible bidder. "X" is determined as follows:
|
X = Lesser of:
|
When the lowest responsive bid is:
|
|
Less than $100,000
|
10% of that bid or $9,000
|
|
At least $100,000, but less than $200,000
|
9% of that bid or $16,000
|
|
At least $200,000, but less than $300,000
|
8% of that bid or $21,000
|
|
At least $300,000, but less than $400,000
|
7% of that bid or $24,000
|
|
At least $400,000, but less than $500,000
|
6% of that bid or $25,000
|
|
At least $500,000, but less than $1 million
|
5% of that bid or $40,000
|
|
At least $1 million, but less than $2 million
|
4% of that bid or $60,000
|
|
At least $2 million, but less than $4 million
|
3% of that bid or $80,000
|
|
At least $4 million, but less than $7 million
|
2% of that bid or $105,000
|
|
$7 million or more
|
1 1/2% of the lowest responsive bid, with no dollar limit
|
[b]
If no responsive bid by a Section 3 business concern
meets the requirements of Subsection D(5)(c)[2][a] of this section,
the contract shall be awarded to a responsible bidder with the lowest
bid.
[c]
A bidder, to be considered responsible, must demonstrate
compliance with the "greatest extent feasible" requirement of Section
3.
[3]
Competitive proposals [RFP]. When utilizing the competitive
proposal process in compliance with its procurement policy, from 15%
to 25% of the total number of available points shall be awarded for
compliance Section 3 on Section 3 covered contracts. Proposals from
firms not demonstrating compliance with the "greatest extent feasible"
requirement of Section 3 shall not be considered responsible.
E.
Section 3 Compliance Officer.
(1)
The position of "Section 3 Compliance Officer" is hereby established
within the Division of Economic Development under the direction and
supervision of the Director of the Department of Housing and Economic
Development, who, in coordination with the Qualified Purchasing Agent
(QPA) and Business Administrator (BA), provide oversight of the procurement
process assuring compliance with all federal, state and the COT Section
3 requirements.
(2)
The salary range for the Section 3 officer shall be established by
ordinance and the salary set by resolution of the governing body.
