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City of Trenton, NJ
Mercer County
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Table of Contents
Table of Contents
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.
[1]
Editor's Note: Original Section 2-7.7, Bureau of Property Maintenance, which immediately followed § 2-31, was repealed 2-5-2004 by Ord. No. 04-6. Former § 2-31, Division of Real Estate, was repealed 3-5-2009 by Ord. No. 09-08.
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COVERED ACTIVITY
Any activity that is funded by Section 3 covered assistance, including public housing assistance.
EMPLOYMENT OPPORTUNITIES GENERATED BY SECTION 3 COVERED 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.
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.
NEW HIRE
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.
RECIPIENT
Any entity which receives Section 3 covered assistance, directly from HUD or from another recipient, and includes, but is not limited to, any state unit of local government, 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.
RESIDENT-OWNED BUSINESS (ROB)
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
Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701u).
(1) 
The business is 51% or more owned by a Section 3 resident; or
(2) 
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
(3) 
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
(4) 
The business' full-time, permanent workforce consists of 30% or more of Section 3 residents as identified in Subdivision (1) or (2) above.
(1) 
Public housing development assistance provided pursuant to Section 5 of the 1937 Act;
(2) 
Public housing operating assistance provided pursuant to Section 9 of the 1937 Act;
(3) 
Public housing modernization assistance provided pursuant to Section 14 of the 1937 Act;
(4) 
Assistance provided under any HUD housing or community development program that is expended for work arising in connection with housing rehabilitation, construction, or other public construction project (which includes other buildings or improvements, regardless of ownership).
SECTION 3 COVERED CONTRACTS
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.
SECTION 3 COVERED PROJECT
The construction, reconstruction, conversion or rehabilitation of housing (including reduction and abatement of lead-based paint hazards), other public construction which includes buildings or improvements (regardless of ownership) assisted with housing or community development assistance.
SECTION 3 RESIDENT
A public housing resident; or an individual who resides in the City of Trenton and who meets the following criteria:
(1) 
Families (or single persons) whose incomes do not exceed 80% of the median income for the area.
(2) 
Families (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.