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City Council Committees

Regular Meeting

Schenectady, NY · March 23, 2020

Agenda

Agenda

SCHENECTADY CITY COUNCIL COMMITTEE AGENDA for Monday, March 23, 2020 5:30 p.m. Room 110 The Council President reserves the right to add or delete any agenda item prior to Committee Meeting. WebEx Access Code: 612 381 251 Meeting Password: muDrtSZh683 Join by Phone: 1-415-655-0001 Health & Recreation 1 ABAC for the “Phase II of the Improvements to ‘A’ Diamond” to Carver Construction, Inc. Chris Wallin in the Amount of $412,250.00 City Development & Planning 1 Authorize the Issuance of Revocable Permit No. 652 to 208 Front Street, LLC. for a Sign Chris Wallin that Overhangs the City’s Right-of-Way at 208 Front Street 2 Sale of 19 Close Street Kristin Diotte 3 Sale of 34 Henry Street Kristin Diotte 4 Sale of 66 Linden Street Kristin Diotte 5 Sale of 414 Second Street Kristin Diotte 6 Sale of 111 Edward Street Maurice Brown, III 7 Sale of 417 Second Street Maurice Brown, III 8 Sale of 525 Lang Street Maurice Brown, III 9 Sale of 919 Delamont Avenue Maurice Brown, III 10 Sale of 1064 Hegeman Street Maurice Brown, III Finance 1 Discussion – DeCamp Avenue Sidewalks Chris Wallin 2 2020 Golf Course Rate Mathew Daley 3 Re-Allocation of Funds for the City Clerk’s Office John Polimeni 4 Adopting the City of Schenectady’s Procurement Policy John Polimeni 5 Discussion – Section 3 Contracting Policy and Procedures Ron Gardner Public Safety 1 Equipment Transfer Agreement with General Electric Don Mareno 2 CR – Recognizing April as Sexual Assault Awareness Month Leesa Perazzo 3 Update on Coronavirus Mayor McCarthy Claims 1 Discussion – Siriak Tax Cert. Ed Kosiur Friday, March 13, 2020 CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 19 Close Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 34 Henry Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 66 Linden Street Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 414 Schenectady St Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 111 Edward St. Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 417 Second St. Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 525 Lang St. Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 919 Delamont Background Information: Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development CITY OF SCHENECTADY LEGISLATION REQUEST FORM COMMITTEE ASSIGNMENT: City Development & Planning DATE: 3/16/20 TO: COUNCIL MEMBERS FROM: Development SUBJECT: Sale of 1064 Hegeman St. Background Information: 2 Offers Received: 1 Incomplete Offer for cash purchase $35,000 Investment Rental 1 Completed Offer Package for Cash Purchase $31,000 Investment Rental Evaluation/Analysis: Recommendation: LEGISLATION WILL BE PREPARED BY Development SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 16, 2020 From: Chris Wallin Subject Discussion - DeCamp Avenue Sidewalks Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020 SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 16, 2020 From: Mathew Daley Subject 2020 Golf Course Rate Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020 SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 16, 2020 From: John Polimeni Subject Re-allocation of Funds for the City Clerk's Office Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020 SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 16, 2020 From: John Polimeni Subject Adopting the City of Schenectady's Procurement Policy Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020 City of Schenectady Purchasing Policy City of Schenectady Purchasing Policies In accordance with New York State Law1, the following individuals are responsible for purchasing for the period of 1/1/2020 through 12/31/2021: Gary McCarthy, Mayor of the City of Schenectady Alex Sutherland, Director of Operations John Coluccio, Signal Control Superintendent Michael Eidens, Commissioner of Public Safety, when Acting Mayor Eric Clifford, Chief of Police, when Acting Mayor Anthony Ferrari, Commissioner of Finance & Administration Richard McIlravy-Ackert, Purchasing Supervisor These rules set forth in this policy are based on the requirements of Article 5-A Section 103 of New York State General Municipal Law, the City of Schenectady Charter and the Schenectady Code. In enacting and enforcing this Policy, the City of Schenectady hereby acknowledges and agrees to follow all procedures proscribed and required by New York State. Purchasing Requirements 1. Purchase of Equipment, Materials, Supplies, or Contracting for Public Works Commodities are considered to be materials, supplies, and equipment, while Public Works are considered to be services, labor, or construction. If a contact involves other service and equipment, the total character of the contract should be determined based on the primary purpose of the purchase.2 Purchases less than $3,500 Purchases less than $3,500 will be made at the discretion of the Mayor, the Purchasing Supervisor, or the Mayor’s designee. Purchases of $3,500 -$19,999 or Public Works Purchases of $3,500-$34,999 Departments send a request (requisition) to the Purchasing Supervisor. At a minimum, three written quotes from vendors must be solicited, and a purchase order is issued to the lowest responsible vendor. Public Posting in Lieu of Quotes If three verbal or written quotes cannot be obtained for purchases under the formal bid threshold, 1 General Municipal Law §104-b(2)(f) 2 See Office of the State Comptroller guidance document “Seeking Competition in Procurement.” City of Schenectady Purchasing Policy but the purchase does not qualify as a sole source, the Purchasing Supervisor may ensure competitive procurement of the product by publically posting an online solicitation and then making the purchase from the lowest qualified quote. Purchases $20,000 and above or Public Works Purchases $35,000 and above3 Materials, supplies, and equipment purchases in aggregate of more than twenty thousand dollars per year, or public works contracts in aggregate of more than thirty-five thousand dollars per year must be competitively bid. The aforesaid amounts may be increased automatically as provided for in Article 5-A, section 103 of New York State General Municipal Law. The Supervisor of Purchasing works with the responsible department in developing bid specifications. Requests for bids are advertised in the legal advertising section of the City’s official newspaper designated by the City Council and are distributed online through a free public forum.4 There must be a minimum of the five days between the first day of bid publication and the public opening of bids by the Purchasing Supervisor.5 The Purchasing Supervisor and the department will review bid results to determine the award, which is made to the lowest responsible bidder after review and approval by the City Council. All change order requests and approvals must be made in writing and sent to the City Clerk within three (3) days of approval. The change order must describe in detail the purpose of said requested and approved change. Any requested change order or orders that cause an increase beyond a cumulative threshold of twenty-five percent (25%) greater than the amount of the contract which the City Council approved must be approved by a formal vote of the City Council. 2. Purchase of Services Professional Services The purchase of professional services is initiated by the department in need of services.6 Consistent with State General Municipal Law, Article 5A, Section 104-B, professional services must be procured in a manner that assured the prudent and economical use of public monies in the best interest of the taxpayers. The selection method to be used may include (but is not limited to) the following request for proposals, request for qualifications, recruitment, or open acceptance of proposals. Professional services contracts awarded with State or federal funds must follow any bidding requirements set forth in State, federal or other applicable statutes and guidelines. Once the service provider is selected, the department should work with the City’s Law Department to prepare a contract, which must be approved by Corporation Counsel, the Purchasing Supervisor, the Commissioner of Finance & Administration, and the Mayor. 3 General Municipal Law §103(1) 4 General Municipal Law §103(2) 5 General Municipal Law §103(2) 6 According to OSC Guidance Document “Seeking Competition in Procurement” issued July 2014, Professional services are defined as “requiring specialized or technical skills, expertise or knowledge, the exercise of professional judgment, or a high degree of creativity.” City of Schenectady Purchasing Policy At the first finance standing committee meeting of the month or as soon as reasonable thereafter, the Mayor or the Mayor’s appointed designee shall provide the committee with a list of professional service contracts into which the City entered in the preceding month. Maintenance Agreements Maintenance agreements for equipment are procured through the Purchasing Supervisor. The Purchasing Supervisor administers these contracts and must competitively acquire these services or provide sole source justification. Equipment Leases/Rentals Equipment leases and rental agreements must be approved by the Purchasing Supervisor and the Mayor. Specialized Services Other services unique to individual departments should be procured using the guidelines for purchases of materials, supplies, and equipment, based on the cost of the service. Best Value7 The City reserved the right to use “best value” as a basis for awarding contracts “to the offerer which optimizes quality, cost and efficiency, among responsiveand responsible offerers.”8 In assessing best value, “factors including, but are not limited to, reliability of a product, efficiency of operation, difficulty/ease of maintenance, useful lifespan, ability to meet needs regarding timeliness of performance, and experience of a service provider with similar contracts” may be considered.9 Whenever possible, the basis for a best value award must reflect objective and quantifiable analysis. 3. Public works construction contracts exceeding $250,000 Public works construction contracts exceeding $250,000 may only be awarded to contractors and subcontractors that have an approved apprenticeship program as provided for in Article 23 of the New York State Labor Law and meet applicable State Federal or City of Schenectady Minority and Women-Owned Business Utilization goals.10 7 Pursuant to Local Law 3 of 2015 amending Chapter 62 of the Administrative Code of the City of Schenectady to allow for best value purchasing 8 See State Finance Law, section 163(1)(j). General Municipal Law, section 103(1) cross-references the definition of “best value”in State Finance Law, section 163. 9 See OSC Guidance Document “Seeking Competition in Procurement” provides explanation and use of “best value” as envisioned in this policy 10 See the City of Schenectady Equal Opportunity and Affirmative Action Plan City of Schenectady Purchasing Policy 4. Exceptions to Competitive Procurement Requirements Existing State and City Contracts11 Purchases of commodities and Public Work may be made under existing contracts with New York State maintained by the Office of General Services or other counties or cities within New York State. Other municipal contracts must have a provision extending their use to other local governments. When purchasing off of an existing contract the contract details must be documented on the purchasing record. Emergency Procurement12 In an emergency situation the Purchasing Supervisor or Commissioner level employee, even if they are not listed as purchasing officers in the beginning of this policy, has the authority to make expenditures below the legal competitive bid threshold ($20,000 for commodities and $35,000 for public works) without seeking quotes. The department head requesting the purchase must explain the emergency situation in writing, which can take place within a reasonable time after the authorization of the purchases or contract if circumstances do not allow it to take place before.13 If the situation requires purchases or contract above the legal bid threshold, the Mayor must authorize the expenditure by stating the emergency situation in writing, which can take place within a reasonable time after the authorization of the purchases or contract if circumstances do not allow it to take place before. Sole Source Procurement A purchase may be exempt from competitive procurement if the Purchasing Supervisor makes a reasonable effort to determine that the item or service required is only available from one source. The Purchasing Supervisor must document the reason(s) for sole source procurement. If the procurement is above the legal competitive bid threshold it must be approved by the Mayor. Cooperatives & Piggyback contracts In Lieu of obtaining written quotes for purchases of commodities up to $20,000; the Purchasing Supervisor is authorized to make such purchases using established national and regional cooperative purchasing contracts, including but not limited to, the contracts issues by the following entities: the US General Services Administration (GSA) Schedule 70 Information Technology, Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP); US Communities Government Purchasing Cooperative, Western States Contacting Alliance (WSCA), National Joint Powers Alliance (NJPA), or the HGAC Buy Cooperative Purchasing Program. Any other exception to New York State competitive procurement guidelines are authorized to be 11 General Municipal Law §104, §103(3) 12 General Municipal Law §103(4) 13 Emergency situations are defined as in General Municipal Law §103(4) as “a public emergency arising out of an accident or other unforeseen occurrence or condition whereby circumstances affecting public buildings, public property of the life, health, safety or property of the inhabitants of a political subdivision or district therein, require immediate action.” City of Schenectady Purchasing Policy used by the City of Schenectady, with the approval of the Purchasing Supervisor. 5. Effect of this Policy This policy shall apply from its date of approval and shall not apply retroactively. SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Finance Committee Date: Monday, March 16, 2020 From: Ron Gardner Subject Discussion - Section 3 Contracting Policy and Procedures Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020 CITY OF SCHENECTADY, NEW YORK SECTION 3 CONTRACTING POLICY & PROCEDURES INTRODUCTION The purpose of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (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 individuals, especially recipients of government assistance for housing, and to business concerns which provide economic opportunities to low and very low income individuals. (Section 3 means section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 1701u). Section 3 requirements apply to all contractors and subcontractors performing work in connection with projects and activities funded by assistance covered by Section 3, for contracts or subcontracts exceeding $100,000. The threshold for the City of Schenectady demolition project shall be $20,000 and above. A business concern seeking to qualify for a Section 3 contracting preference shall certify or submit evidence that the business concern qualifies as a Section 3 business concern. The Section 3 business must also be able to demonstrate its ability to complete the contract. The ability to perform successfully under the terms and conditions of the proposed contract is required of all contractors and subcontractors subject to the procurement standards of 24 CFR 85.36, 24 CFR 85.36b(8). Contractors who do not qualify as Section 3 business concerns, but who enter into contracts with the City or its subrecipients must agree to comply with certain general conditions (refer to Section 3 Clause). All contractors and subcontractors, including Section 3 businesses, must comply with these general conditions. In addition each contractor and subcontractor must submit monthly documentation of Section 3 compliance (refer to Section 3 Compliance Report). Failure to comply with these conditions may lead to sanctions which can include termination of the contract for default and suspension or debarment from future HUD-assisted contracts. Please direct any questions you may have regarding this information to: Ronnie H. Gardner Affirmative Action Officer City Hall 105 Jay Street, Room 2 Schenectady, NY 12305 Phone 518‐382‐5199 Ext 5374 Email: Rgardner@schenectadyny.gov WHAT IS A SECTION 3 BUSINESS CONCERN? A Section 3 Business Concern is a business concern, as defined in this section— That is fifty-one percent (51%) or more owned by Section 3 residents; or Whose permanent, full-time employees include persons, at least thirty percent (30% of whom are currently Section 3 residents, or within three years of the date of employment with the business concern were Section 3 residents; or That provides evidence of a commitment to subcontract in excess of twenty-five percent (25%) of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in items (1) or (2) above. Note: A business concern seeking to qualify for Section 3 shall certify and submit evidence that the business meets one of the guidelines stated above. (Refer to Section 3 Business Concern Certification Application) WHO IS A SECTION 3 RESIDENT? For purposes of the City of Schenectady, a Section 3 resident is: A resident of government-assisted housing; An individual who lives in the City of Schenectady, the City of Troy or the City of Albany and whose income falls below HUD’s published guidelines for low- or very low income. ORDER OF PROVIDING PREFERENCE SECTION 3 BUSINESS CONCERN When considering the award of contracts to business concerns, and more than one Section 3 business concern is being considered, to the greatest extent possible, awards shall be made in the following order of priority: a) Category 1 – Business owner(s) is/are resident(s) in the neighborhood area in which the contract shall be expended; b) Category 2 – Business owner(s) is/are resident(s) of government-assisted housing in other qualifying low-income areas in the City of Schenectady, the City of Troy or the City of Albany; c) Category 3 – Business owner(s) hires participants in HUD Youthbuild program being carried out in the project boundary area. d) Category 4 – Business owner(s) is/are resident(s) of The City of Schenectady, the City of Troy or the City of Albany who meet the income guidelines for Section 3 preference (refer to Section 3 Income Limits). Note: A Section 3 business concern seeking any of the above preferences shall submit evidence that it meets the guidelines of that preference. WHAT IF MY BUSINESS DOES NOT QUALIFY AS A SECTION 3 BUSINESS? The City of Schenectady and its subrecipients will, to the greatest extent feasible, offer contracting opportunities to Section 3 business concerns. However, in the event no Section 3 business bids on a contract, or bids but is not able to demonstrate to the City’s satisfaction that it has the ability to perform successfully under the terms and conditions of the proposed contract, then that contract will be awarded to a non-Section 3 business concern that can meet the terms and conditions of the proposed contract through the competitive bidding process. That business concern must meet, as all businesses must (including Section 3 businesses), the general conditions of compliance (refer to Section 3 Clause). This will include: 1. Submitting a list of all positions necessary to complete contract, name of employees who will fill those positions, names of all other employees. 2. Posting notices of any vacant positions, including training and/or apprenticeship positions, qualifications for positions, place where applications will be received and starting date of employment. 3. To the greatest extent possible, making vacant positions, including training and/or apprenticeship positions, available to Section 3 residents (all categories) in order of priority. 4. As positions are vacated during completion of contract, following guidelines enumerated in numbers 2 and 3 above. 5. Submitting Compliance Reports as required. 6. If notified of non-compliance, correcting non-compliance within allowable time period. ORDER OF PROVIDING PREFERENCE EMPLOYMENT OF SECTION 3 RESIDENT When considering the employment of a Section 3 resident, the following order of priority is followed as outlined in 24 CFR 135.32: a) Category 1 – Residents of government-assisted housing and those income eligible living in the neighborhood area in which the contract shall be expended; b) Category 2 – Residents of government-assisted housing in other qualifying low-income areas in The City of Schenectady, the City of Troy or the City of Albany; c) Category 3 – Participants in HUD Youthbuild program being carried out in the project boundary area. d) Category 4 – City of Schenectady residents who meet the income guidelines for Section 3 preference (refer to Section 3 Income Limits). In all cases, applicants must meet the minimum qualifications for the position. In no instance shall it be construed that preference is given to Section 3 residents who do not meet these minimum qualifications. SECTION 3 INCOME LIMITS All residents of government-assisted housing qualify as Section 3 residents. Additionally, individuals residing in the City of Schenectady, the City of Troy or the City of Albany who meet the income limits set forth below can also qualify for Section 3 status. INCOME LEVELS: __________ Below 30% of Median Income (Very Low Income) __________ Between 30% & 50% of Median Income (Low Income) __________ Between 50% & 80% of Median Income (Moderate Income) __________ Over 80% of Median Income (NOT Low/Moderate Income) Family Size Less Than Less Than Less Than More Than 1 $17,400 $28,950 $46,100 $46,100 2 $19,850 $33,100 $52,650 $52,650 3 $22,350 $37,250 $59,650 $59,650 4 $24,800 $41,350 $65,800 $65,800 5 $26,800 $44,700 $71,100 $71,100 6 $28,800 $48,000 $76,350 $76,350 7 $30,800 $51,300 $81,600 $81,600 8 and up $32,750 $54,600 $86,900 $86,900 1-VLI-30 2-LI-50 3-Mod-80 4-Not L/M-80+ SECTION 3 Procurement Documents and Requirements The City of Schenectady has initiated efforts to enhance hiring of Section 3 residents in specific procurement areas. These initiatives are designed to set the requirements for resident hiring and developing and/or strengthening administrative procedures for facilitating contractors’ hiring of Section 3 residents residing in The City of Schenectady . Procurement Documents Each bidder/proposer must include a Section 3 Action Plan which indicates its commitment to meet the City of Schenectady’s Section 3 resident hiring requirements. If a bidder/proposer fails to submit a Section 3 Action Plan and the related data along with the bid/proposal, such bid/proposal will be declared as “non-responsive”. For Invitations for Bids (“IFB”) where awards are made to the lowest, responsive and responsible bidder, the bidder’s commitment to satisfy the City of Schenectady’s resident hiring requirements may be a factor used in determining whether the bidder is “responsive”. SECTION 3 OPPORTUNITIES PLAN (SERVICE & PROFESSIONAL CONTRACTS) The purpose of Section 3 is to ensure that jobs and economic opportunities generated by HUD financial assistance for housing and community development programs shall be directed to low and very low income persons, particularly those who are recipients of government assistance for housing and business concerns which provide economic opportunities to low and very low income persons. The Section 3 Action Plan is to be completed for service and professional contracts. There are two ways in which Section 3 can be fulfilled: 1. Subcontract or joint venture with a Section 3 business concern. The business must be 51% of more owned by a qualifying low-income resident, or subcontract/joint venture with a business that employs full-time, 30% or more low and very-income individuals residing within the City of Schenectady . 2. Direct hiring of City of Schenectady low and very low-income neighborhood residents based on the Resident Hiring Scale. The completed Section 3 Action Plan must be submitted as part of the bid package for the City of Schenectady HUD-funded demolition projects in excess of $20,000. Each contractor is required to attend a preconstruction conference with the City of Schenectady or its subrecipient’s staff where contractual obligations will be explained, the contractor’s Section 3 dollar amount will be determined, and the contractor’s hiring goals will be discussed. The Section 3 Action Plan that is submitted with the RFQ/RFP/IFB and the final copy that is submitted to the Section 3 Coordinator must be signed and include the title of person executing the plan. A Section 3 Compliance Status Report is due quarterly and is the Contactor’s communication tool on compliance with Section 3. Contractors may contact the Section 3 Coordinator with any questions regarding forms, responsibilities or requirements relative to Section 3. GOOD FAITH EFFORTS 49 CFR Appendix A to Part 26 - Guidance Concerning Good Faith Efforts Appendix A to Part 26 - Guidance Concerning Good Faith Efforts I. When, as a recipient, you establish a contract goal on a City Of Schenectady -assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order to be responsible and/or responsive, make sufficient good faith efforts to meet the goal. The bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by MWBE / SECTION 3 firms sufficient for this purpose. Second, even if it doesn't meet the goal, the bidder can document adequate good faith efforts. This means that the bidder must show that it took all necessary and reasonable steps to achieve a MWBE / SECTION 3 goal or other requirement of this part which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient MWBE / SECTION 3 participation, even if they were not fully successful. II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, you have the responsibility to make a fair and reasonable judgment whether a bidder that did not meet the goal made adequate good faith efforts. It is important for you to consider the quality, quantity, and intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance in this Appendix. The efforts employed by the bidder should be those that one could reasonably expect a bidder to take if the bidder were actively and aggressively trying to obtain MWBE / SECTION 3 participation sufficient to meet the MWBE / SECTION 3 contract goal. Mere pro forma efforts are not good faith efforts to meet the MWBE / SECTION 3 contract requirements. We emphasize, however, that your determination concerning the sufficiency of the firm's good faith efforts is a judgment call. Determinations should not be made using quantitative formulas. III. The Department also strongly cautions you against requiring that a bidder meet a contract goal (i.e., obtain a specified amount of MWBE / SECTION 3 participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits you from ignoring bona fide good faith efforts. IV. The following is a list of types of actions which you should consider as part of the bidder's good faith efforts to obtain MWBE / SECTION 3 participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. A. (1) Conducing market research to identify small business contractors and suppliers and soliciting through all reasonable and available means the interest of all certified MWBE / SECTION 3 s that have the capability to perform the work of the contract. This may include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all MWBE / SECTION 3 s listed in the State's directory of transportation firms that specialize in the areas of work desired (as noted in the MWBE / SECTION 3 directory) and which are located in the area or surrounding areas of the project. (2) The bidder should solicit this interest as early in the acquisition process as practicable to allow the MWBE / SECTION 3 s to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the MWBE / SECTION 3 s are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by MWBE / SECTION 3 s in order to increase the likelihood that the MWBE / SECTION 3 goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) to facilitate MWBE / SECTION 3 participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in a manner that encourages and facilitates MWBE / SECTION 3 participation. C. Providing interested MWBE / SECTION 3 s with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation with their offer for the subcontract. D. (1) Negotiating in good faith with interested MWBE / SECTION 3 s. It is the bidder's responsibility to make a portion of the work available to MWBE / SECTION 3 subcontractors and suppliers and to select those portions of the work or material needs consistent with the available MWBE / SECTION 3 subcontractors and suppliers, so as to facilitate MWBE / SECTION 3 participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of MWBE / SECTION 3 s that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional Agreements could not be reached for MWBE / SECTION 3 s to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including MWBE / SECTION 3 subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using MWBE / SECTION 3 s is not in itself sufficient reason for a bidder's failure to meet the contract MWBE / SECTION 3 goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from MWBE / SECTION 3 s if the price difference is excessive or unreasonable. E. (1) Not rejecting MWBE / SECTION 3 s as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union status) are not legitimate causes for the rejection or non- solicitation of bids in the contractor's efforts to meet the project goal. Another practice considered an insufficient good faith effort is the rejection of the MWBE / SECTION 3 because its quotation for the work was not the lowest received. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals. (2) A prime contractor's inability to find a replacement MWBE / SECTION 3 at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original MWBE / SECTION 3 . The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find a replacement MWBE / SECTION 3 , and it is not a sound basis for rejecting a prospective replacement MWBE / SECTION 3 's reasonable quote. F. Making efforts to assist interested MWBE / SECTION 3 s in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested MWBE / SECTION 3 s in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of MWBE / SECTION 3 s. V. In determining whether a bidder has made good faith efforts, it is essential to scrutinize its documented efforts. At a minimum, you must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average MWBE / SECTION 3 participation obtained by other bidders, you may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As provided in § 26.53(b)(2)((vi), you must also require the contractor to submit copies of each MWBE / SECTION 3 and non-MWBE / SECTION 3 subcontractor quote submitted to the bidder when a non-MWBE / SECTION 3 subcontractor was selected over a MWBE / SECTION 3 for work on the contract to review whether MWBE / SECTION 3 prices were substantially higher; and contact the MWBE / SECTION 3 s listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Pro forma mailings to MWBE / SECTION 3 s requesting bids are not alone sufficient to satisfy good faith efforts under the rule. VI. A promise to use MWBE / SECTION 3 s after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts. SECTION 3 FORMS Thank you for your interest in participating in the City of Schenectady’s Section 3 Program. These next two pages and subsequent forms are meant as a guide to help you satisfy the City’s Section 3 compliance reporting requirements. The information provided below identifies the attachments that must be submitted to the City, what entities must submit these attachments (contractor, sub-recipient, subcontractor), and when these attachments must be submitted. INITIAL DOCUMENTATION HUD Section 3 Acknowledgement & Action Plan Contractors must complete and submit this form with their other bid materials All Sub-contractors (with contracts that exceed $20,00 must complete and submit this form prior to the issuance of Notice to Proceed Existing Core Workforce List • Contractors AND all sub-contractors must submit their workforce list prior to the issuance of Notice to Proceed CONTRACTING OPPORTUNITIES Section 3 Covered Contracts & Professional Services Roster • Contractors AND all sub-contractors must submit this prior to awarding contracts COMPLIANCE REPORTING Section 3 Business & Community Outreach Contact Logs (samples provided) • Contractors AND all sub-contractors must submit documentation monthly demonstrating their efforts to reach the Section 3 contracting, hiring, and training goals using appropriate forms that identify their efforts. See the samples that have been provided. Employment & Training Opportunity Worksheet for New Hires and Trainees • Contractors AND all sub-contractors must submit this form monthly, identifying new Employees Monthly Section 3 Compliance Reports • Contractors AND sub-recipients AND all sub-contractors must submit the Summary Report of Economic Opportunities for Low Income Persons and the Summary Report of Contractors Efforts to Achieve Section 3 Compliance monthly. Due with Bid HUD SECTION 3 ACKNOWLEDGEMENT AND ACTION PLAN The Section 3 Acknowledgement and Action Plan must be completed by Contractor(s) as part of the bid package and covered sub-contractors prior to the issuance of the Notice to Proceed. By signing below you acknowledge that you have received a copy of The City of Schenectady’s Section 3 Action Plan and the HUD Section 3 Clause Certification and Compliance requirements stated therein. The undersigned certifies to its commitment to comply with the City’s Section 3 Plan, all Section 3 laws and regulations and to use the Affirmative Action Office, the City of Schenectady Municipal Housing Authority and the County of Schenectady One Stop Job Center as ways to advertise available employment and/or training opportunities in connection with the project described below. The undersigned further certifies that the information contained in this plan and submitted to the City and its subrecipient(s) is accurate and correct. The undersigned understands that the City or its subrecipient(s) may impose penalties and sanctions for any of the following: submission of false or inaccurate statements in this document and/or subsequent reports to the City; failure to achieve Section 3 contracting and employment goals for the project; Failure to comply with the City’s Section 3 Plan, Section 3 laws and regulations and/or its contract obligations. I, the undersigned _________________________________ ________________________________ Officer or Authorized Agent of Company Officer/Agent’s Title Printed Print __________________________________ ________________________________ Signature Date Due with Bid HUD SECTION 3 ACKNOWLEDGEMENT AND ACTION PLAN (cont.) For ___________________________________________ PROJECT Project Name ________________________________________________ Project Address ________________________________________________ Project Area ________________________________________________ Bid/Award Amount ________________________________________________ Contractor/Company Name ____________________________________________ Company’s Sec 3 Contact ____________________________________________ Company Address _____________________________________________ City State Zip _____________________________________________ Company Phone _____________________________________________ Fed Tax Id No. _____________________________________________ State Tax Id No. _____________________________________________ Email of Company Contact _____________________________________________ General Contractor ______________________________________________ (if being completed by Sub) Contract Award Date (to ______________________________________________ sub) Due with Bid The City of Schenectady Section 3 Goals/Estimates Instructions: This form must be completed by the Bidder and each Contractor and Subcontractor. Specify in the TOTAL column, the total number of construction dollars that your business will subcontract; the total number of non-construction dollars that your business will subcontract, and the total number of new hires to be made. Apply to those amounts the percentage indicated in the Section 3 Goals column. The resulting number is your company’s initial Section 3 goals, which the City’s Affirmative Action Officer will verify. Part 1: Project Information Project Name: _______________________________________________________________ Contractor/Company: _______________________________________________________________ Section 3 Contact: __________________ Contract/Bid Amount: ________________ Phone Number: ________________ Email: _________________________________ Part 2: Section 3 Contracting and Employment Goals 10% of Building/Const. Contracts (Note: Contracts for purchase of supplies and materials only are not subject to TOTAL Section 3 Section 3 goals Goals ($ or #) unless the projects includes installation of Goals* product Building Trade Construction Contracts 10% of Total 3% of All Other Non Construct. Contracts (architect, appraisal, etc.) Non- 3% of Total Construction 30% of New Hires (Note: One Sec. 3 Contracts resident must be hired when a company makes 1, 2, or 3 new hires) New Hires 30% of Total *(Multiply Total by the Section 3% Due before Notice to Proceed CITY OF SCHENECTADY EXISTING CORE WORKFORCE LIST Must be completed by all Contractors and sub-contractors prior to issuance of Notice to Proceed. Please include a certified payroll list with this form. If a certified payroll will be submitted to the City’s Affirmative Action Officer, then you are not required to submit a duplicate certified payroll list. Company Name: __________________________________________________________ Project: ____________________________________ Project No.:___________________ Submitted by: _______________________________ Telephone No.:________________ The following is a list of “Core Employees.” These employees, in accordance with the definition of an Existing Core Workforce, have been on the active payroll for fifty (50) out of the last one hundred (100) business days prior to the award. The Contractor, at any tier must submit this form prior to commencing work on the project. The Contractor shall provide to the Section 3 Coordinator or designee proof of their “Core Workforce” upon request. Alternative worksheets may be submitted only if it contains at minimum the same information shown below is contained. Employee SS# Job Hire Date Date Last Office Use Name Last 4 Classification Employed Only Due Prior to Awarding Contracts THE CITY OF SCHENECTADY SECTION 3 COVERED CONTRACTS & PROFESSIONAL SERVICES ROSTER List all Contractors, Firms, and Vendors that have been awarded a contract. Each Contractor and sub-contractor that will award their own contracts must also complete this form. Signify which businesses are Section 3 Business Concerns. Note: Contractors that have been awarded in excess of $20,000 must submit a Section 3 Action Plan. Company Services Date of % of Total $ of Total Section 3 Name / Provided Contract Contract Contract Contact Awarded Yes / No Due Monthly Throughout Project Contractor’s Monthly Section 3 Compliance Report City of Schenectady Development Department Summary Report of Contract & Subcontract Activity. All covered Contractors and subcontractors must complete this form. Contractor Name & Address Contact Person Reporting Period Date Telephone Number Email Address Project Description Start Date Completion Date Total Project Award $ Prime Contractor Sub-Contractor Construction Contracts Total $ amount of all Contract Total $ Amount of Construction Total number of Section 3 Awarded on the project Contracts Awarded to Businesses Awarded Contracts Section 3 Businesses $ $ Part IV –Training Requirements Training Requirements for Construction Contracts  The City Of Schenectady requires all construction contracts that are greater than ($100,000.00) one hundred thousand dollars in total construction cost and is anticipated to exceed 6 months of construction; to include a detailed and well defined plan on how they will provide a certified pre-apprenticeship or apprenticeship training programs to at least (1) one Section 3 Resident in its priority order. (1) One additional Section 3 Resident in its priority order will be provided training for every additional ($500,000) five hundred thousand to ($1,000,000.00) one million dollars of the total contract value. The training plan and trainings must be aligned with the scope of work in the contract and approved by The City Of Schenectady. A training program participant can only count for (1) one training slot per total contract amount. Those who do not offer a certified pre-apprenticeship or apprenticeship training program will contribute into the City Of Schenectady Section 3 Training Fund as prescribed in the chart listed below. Training Requirements for Non-Construction Contracts  The City Of Schenectady requires that all non-Construction contracts that meet or exceed ($100,00.00) one hundred thousand dollars in total contract value include a detailed and well defined plan to provide paid internship or summer employment opportunities to Section 3 Residents in its priority order. An internship/summer employment program participant can only count for (1) one internship/summer employment slot per total contract amount. Those who do not offer a City Of Schenectady approved paid internship or summer employment opportunity will contribute into the City Of Schenectady Section 3 Training Fund as prescribed in the chart listed below. * A Portion of All Funds Generated at A CITY OF SCHENECTADY Housing Site Will Remain At That Site for Resident Training Programs and Equipment Total Contract Amount NuMWBEr of Section Contribution to CITY OF SCHENECTADY 3 Training Fund if Training / Internship Training or Internship Slots Are not At least $100,000, but less than $500,000 Slots 1 Available 6% of the Total Contract Value up to $25,000 At least $500,000, but less than 2 5% of the Total Contract Value up to $1,000,000 $40,000 At least $1,000,000, but less than 3 4% of the Total Contract Value up to $2,000,000 $60,000 At least $2,000,000, but less than 4 3% of the Total Contract Value up to $4,000,000 $80,000 At least $4,000,000, but less than 10 2% of the Total Contract Value up to $7,000,000 $105,000 $7,000,000 or more 1 additional training 1.5% of that Total Contract Value, with slot for every no dollar limit additional City Of Schenectady $500,000.00 Part V – Contracting and Compliance Forms City Of Schenectady Section 3 Individual Verification Form The following information will be used to verify your individual eligibility under the Section 3 regulations as set forth in 24 CFR Part 135. A Section 3 resident seeking the preference in training and employment shall certify and submit evidence to demonstrate Section 3 eligibility. I, , residing at (print name) (address) _have a family size of and my total (city, state, zip code) annual income for the prior calendar year (20 ) was $ as is evidenced by the attached documentation. City Of Schenectady Client Status (Check ONLY One of the Following)  I live in Public Housing at (insert development name)  I am a Housing Choice Voucher recipient  None of the above Proof of income and residency is a requirement for an individual to become Section 3 certified. Proof of residency (Check at least one and provide a copy with this form):  Copy of current lease  2 Utility Bills for the past 2 months (Utility bills must be in the name as shown above)  Notarized statement from an individual with at least one of the above documents in their name attesting that the person seeking Section 3 Certification is living at their residence  One of the acceptable proofs of income listed below  Valid Federal or State ID Proof of income (Check at least one and provide a copy with this form):  Copy of receipt of public assistance  Copy of Evidence of participation in a public assistance program  Proof of income (Check stub, W-2, Tax forms, 1099, employer letter on letterhead, etc.)  Proof of Unemployed Status I have voluntarily provided the above information in conjunction with employment on a CITY OF SCHENECTADY related project. I attest to the truthfulness of my statements fully understanding that this information is subject to verification by the appropriate federal agencies. Signature Date Contact Phone: Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the United States Government. Willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Title 18 and Section 231 of Title 31 of the U.S. Code. City Of Schenectady Section 3 Individual Verification Form (Part B) SECTION 3 REQUIREMENTS Consistent with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) and with the City Of Schenectady Council Resolution, The City Of Schenectady hereby reaffirms its commitment of ensuring that all contractors and any tier subcontractors that are awarded a contract in excess of $100,000.00 The City Of Schenectady for work generated through the expenditure of HUD funding shall take all necessary and reasonable steps to provide meaningful, full-time, permanent employment and training to Section 3 residents. It is further reaffirmed that all contractors and any tier subcontractors that are awarded a contract in excess of $100,000.00 by The City of Schenectady for work generated through the expenditure of HUD funding shall take all necessary and reasonable steps to provide business opportunities to Section 3 business concerns. Definitions: Low-Income Person: A family (including single persons) whose income does not exceed 80% of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families. Very Low-Income Person: A family (including single persons) whose income does not exceed 50% of the median family income for the area, as determined by the Secretary, with adjustments for smaller and larger families. New Hires: Full-time employees for permanent, temporary or seasonal employment opportunities. Section 3 Resident: 1) A low or very low income resident of CITY OF SCHENECTADY housing site where the work is being done; or 2) A low or very low income resident of any CITY OF SCHENECTADY housing site; or 3) A participant in HUD Youthbuild program in Orleans Parish; or 4) A CITY OF SCHENECTADY Housing Choice Voucher Participant 5) a) A very low-income resident City Of Schenectady b) A low-income resident City Of Schenectady City Of Schenectady Statement of Numerical Requirements and Order of Preference: In accordance with Section 3, CITY OF SCHENECTADY requires that all contractors and any tier subcontractors shall provide training and employment opportunities to Section 3 residents to meet or exceed a numerical requirement of 30% of all new hires in the following order of priority: Priority 1: A low or very low income resident of CITY OF SCHENECTADY housing site where the work is being done Priority 2: A low or very low income resident of any Of Schenectady projects Priority 3: A participant in HUD Youthbuild program in The City Of Schenectady Priority 4: A CITY OF SCHENECTADY Housing Choice Voucher Participant Priority 5: a) A very low-income resident of City Of Schenectady b) A low-income resident of City Of Schenectady 19 City Of Schenectady Section 3 Individual Verification Form (Part C) City Of Schenectady SECTION 3 ANNUAL FAMILY INCOME LIMITS 2020 Orleans Parish Median Income: $61,900 1 2 3 4 5 6 7 8 FY 2012 Income Limit Category Person Person Person Person Person Person Person Person Very Low (50%) Income Limits $21,700 $24,800 $27,900 $30,950 $33,450 $35,950 $38,400 $40,900 Extremely Low (30%) Income Limits $13,000 $14,850 $16,700 $18,550 $20,050 $21,550 $23,050 $24,500 Low (80%) Income Limits $34,650 $39,600 $44,550 $49,500 $53,500 $57,450 $61,400 $65,350 Definition of Section 3 Resident: 1) A Low or Very Low-Income Resident of City Of Schenectady site where the work is being done; or 2) A Low or Very Low-Income Resident of any City Of Schenectady site; or 3) A participant in a HUD Youthbuild program in The City Of Schenectady; or 4) A City Of Schenecxtyady Housing Choice Voucher Participant 5) a) A very low-income resident of The City Of Schenectady (one whose family income does not exceed the limits outlined above). b) A low-income resident of Orleans Parish (one whose family income does not exceed the limits outlined above). *Source – HUD FY 2012 Income Limits Documentations System, http://www.huduser.org/portal/datasets/il/il12/index.html City Of Schenectady City Of Schenectady SECTION 3 EMPLOYMENT ACTION PLAN (Note: FINAL PLAN WILL BE INCORPORATED INTO CONTRACT, IF AWARDED.) Provide a written Plan describing the process and steps that will be taken to ensure that the requirements relative to the hiring of Section 3 residents will be met. Include in the description what specific actions will be taken to ensure that subcontractors comply with the requirements. The description must outline specific steps to be taken and detail the program or strategy to be employed to achieve the requirements. For construction and related contracts where the General Contractor is unknown at the bid/proposal stage, Respondent must outline a process for meeting the stated requirements and commit to providing a detailed job projection within 30 days of contract execution. Complete attached Employment and Training Schedule outlining job projections by category and anticipated timeline. NOTE: This plan shall incorporate actions to be taken by the bidder’s/offeror’s proposed subcontractors/suppliers. Name: Title: Date: City Of Schenectady City Of Schenectady SECTION 3 TRAINING ACTION PLAN (Note: FINAL PLAN WILL BE INCORPORATED INTO CONTRACT, IF AWARDED.) Provide a written Plan describing the process and steps that will be taken to ensure that the requirements relative to pre-apprenticeship training, apprenticeship training, paid and unpaid internships of Section 3 residents will be met. Include in the description what types of internships, trainings, trades and the specific actions that will be taken to ensure that subcontractors comply with the requirements. The description must outline specific steps to be taken and detail the program or strategy to be employed to achieve the requirements. For construction and related contracts where the General Contractor or subcontractors are unknown at the bid/proposal stage, Respondent must outline a process for meeting the stated requirements and commit to providing a detailed job projection within 30 days of contract execution. Complete attached Employment and Training Schedule outlining job projections by category, internships, pre-apprenticeship trainings, apprenticeship trainings and anticipated timeline. NOTE: This plan shall incorporate actions to be taken by the bidder’s/offeror’s proposed subcontractors/suppliers. Name: Title: Date: City Of Schenectady City Of Schenectady CONTRACTING ACTION PLAN FOR SECTION 3/MWBE (FINAL PLAN WILL BE INCORPORATED INTO CONTRACT, IF AWARDED. ) Provide a written Plan describing the process and steps that will be taken to ensure that the requirements relative to contracting with Section 3 businesses, Minority and Women Business Enterprises will be met. Include in the description what specific actions will be taken to ensure that subcontractors comply with the requirements. The description must outline specific steps to be taken and detail the program or strategy to be employed to achieve the requirements. Provide an outline of the specific contracts that will be awarded to Section 3/MWBE businesses, if known. Use additional sheets of paper, if necessary. NOTE: This plan shall incorporate actions to be taken by the bidder’s/offeror’s proposed subcontractors/suppliers. Name: Title: Date: City Of Schenectady LIST OF CORE EMPLOYEES CONTRACT EXECUTION DATE: List all regular, permanent employees who are currently performing work, or who normally perform work for your company when work is available. Duplicate form if additional space is needed. EMPLOYEE NAME/ADDRESS DATE OF HIRE JOB CLASSIFICATION Example: John Doe 1515 Albany Street, Schenectady NY 10/10/00 PluMWB State Er Core Employee: Contractor’s regular, permanent employee who normally performs work for the contractor when work is available. Name: Title: Date: City Of Schenectady City Of Schenectady CONTRACTING SCHEDULE Contracting Schedules that do not reflect a level of participation that meets or exceeds the stated requirements may cause the bid to be deemed non-responsive. Section 3, and MWBE firms not certified by City Of Schenecatdy shall not be included on this schedule and shall not be counted towards the participation requirements. Duplicate form if additional space is needed. ITEM # DESCRIPTION OF WORK TO BE NAME AND ADDRESS OF TYPE OF WORK TO BE PERFORMED TOTAL ESTIMATED AMOUNT OF WORK TO PERFORMED COMPANY TO BE USED TO BE PERFORMED PERFORM THE WORK LABOR MATERIALS BOTH SECTION 3 MWB WBE EXAMPLE PAINTING G-Walk Painting X $50,000 E Albany, St Schenectady 1. 2. 3. 4. 5. 6. 7. Summary: 1) Total Amount to be Awarded to Section 3 Business Concern: $ Percentage of Total Contract Amount % 2) Total Amount to be Awarded to DBE: $ Percentage of Total Contract Amount % 2) Total Amount to be Awarded to WBE: $ Percentage of Total Contract Amount % Name: Title: Date: City Of Schenectady City Of Schenectady SECTION 3 EMPLOYMENT AND TRAINING SCHEDULE Project NO. Employment and Training Schedules that do not reflect a level of participation that meets or exceeds the stated requirements may cause the bid to be deemed non- responsive. Duplicate form if additional space is needed. The Section 3 requirements set forth in this policy are Job Category Total Total Total Total Estimated Total Estimated Training Plan Estimated Estimated NuMWBEr of NuMWBEr of NuMWBEr of List Types of Pre- NuMWBEr List The Name Of What Type of Positions NuMWBEr Positions Workforce Workforce Apprenticeship and of The Training Certification Will Needed of Currently Manhours to be Manhours to be Apprenticeship Trainings “On The Job Program Provider Be Provided At for Workforce Occupied by Performed by Performed by That Will Be Provided to Training” The Completion Contract Manhours Core Current Core Section 3 Section 3 Employees/CITY Positions of Training Needed for Employees Employees Residents OF SCHENECTADY Available to Contract Residents Section 3 Ex. Clerical 2 80 hours 1 50 hours 30 hours Residents 1 Name: Title: Date: City Of Schenectady City Of Schenectady LETTER OF INTENT – Subcontractor Commitment Form To: I Name of Prime Contractor The undersigned will enter into a signed agreement with the Prime Contractor listed above. Copies of agreements including, but not limited to joint ventures, subcontracts, supplier agreements or purchase orders referencing the RFP, RFQ, or Purchase Order NuMWBEr shall be forwarded to City Of Schenectady at: Schenectady City Hall 105 Jay Street, Room 2 Schenectady, NY 12305 Attn: Office Of Affirmative Action Name of Subcontractor Description of Work to Be Performed by Subcontractor Contract Value (inclusive of change orders) $ Term of Contract (include start and end dates) Subcontractor Status (Section 3, MWBE) By: Prime Contract Signature Printed or Typed Name Title: Date: If a corporate seal is not affixed, this document must be notarized. Provide Letter of Intent on Company Letterhead. Subscribed and sworn to (Notary Public) (Seal) before me this day of , 20 My Commission expires: Date Executed: City Of Schenectady City Of Schenectady STATEMENT OF UNDERSTANDING Project # Under penalties of perjury, as prescribed in 18 U.S.C. 1001, the undersigned certifies that it: o Has prepared and submitted its bid/proposal to The City Of Schenectady with a full understanding of The City Of Schenectady’s requirements with respect to employment, training, and contracting with Section 3 residents, Section 3 business concerns, Disadvantaged Business Enterprises (DBEs), Minority and Women Business Enterprises (MWBEs); and o Agrees to act in good faith to ensure that the specified requirements relative to employment, training, and contracting are met; and o The representations contained in the Section 3 Employment and Training Action Plan submitted with the bid/proposal are true and correct as of this date; and o Proposes to use the services of the Section 3 business concerns, DBEs, and MWBEs listed in the Contracting Action Plan; and o Will not alter the level of employment, training, and contracting with Section 3 residents, Section 3 business concerns, DBEs, and MWBEs identified in the Section 3 Employment and Training Schedule and in the Contracting Schedule without prior written notice to The City Of Schenectady Office Of Affirmative Action; and o Agrees to provide regular compliance reports to The City Of Schenectady, at the intervals specified by The City Of Schenectady and in the format specified by The City Of Schenectady; and o Will monitor, ensure, and report subcontractor compliance with respect to City Of Schenectady’s employment and contracting requirements; o Will provide The City Of Schenectady with documentation in the format and timeframe requested by The City Of Schenectady, such as subcontractor certifications, employee income verifications, etc. to confirm eligibility of those employees, trainees, subcontractors claiming Section 3, DBE, and/or MWBE status. Bidder’s/Offeror’s Name By: Signature Printed or Typed Name Title: Date: If a corporate seal is not affixed, this document must be notarized. Subscribed and sworn to (Notary Public) (Seal) before me this day of , 20 My Commission expires: Date Executed: City Of Schenectady City Of Schenectady Contractors Section 3 Employment and Training Compliance Report Reporting Period: To be submitted before 5:00 p.m. on the first business day of the month Prime Contractor: Contract No.: Contract Start Date: Contract Completion Date: Craft/Trade Total Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 (a) Tier 5 (b) Total Percentage Total NuMWB Resident Residents Residents Residents Resident Residents NuMWBEr of NuMWBEr of Er of s Hired Hired Hired Hired s Hired Hired of Section 3 Section 3 New Section 3 Residents in Hires Residents Apprenticeship Example: 6 2 1 0 0 3 0 Hired* 6 100% Programs 2 Laborer Name: Title: Date: 29 City Of Schenectady City Of Schenectady Employer Paid Training Report To be submitted before 5:00 p.m. on the first business day of the month Company Name: Type of Training: SECTION 3 RESIDENTS TRAINING PROVIDER TRAINING # OF TOTAL COST OF ATTENDED DATES TRAINING TRAINING & HOURS TRAINING MATERIALS 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Employer Name: Date: Title: ** You must attach Training agenda as well as proof that your organization paid for the training such as Receipt, Copy of Check, Purchase Order, etc.** City Of Schenectady City Of Schenectady Section 3 Manhour Report To be submitted before 5:00 p.m. on the first business day of the month Contractor: Contract No.: Contract Start Date: Contract Completion Date: Report for month of: 20 Identify all Section 3 residents who have performed work in connection with this project to date. All Section 3 employees must appear on the Certified Payroll Form. List all employees who work on this Project. Name Referral Section 3 NuMWBEr Hire Date Termination Total Address, City/State Source Category of Date NuMWB Last 4 of Social Preference Manhours Er Security# Worked Man-hours This Period For the period of this report, indicate: Total NuMWBEr of Manhours Worked by all Employees: Total NuMWBEr of Manhours Worked by Section 3 Employees: Total Percentage of Manhours Worked by Section 3 Employees: City Of Schenectady Name: Title: Date: **Attach Section 3 Resident Certification Forms for each new hire reported. City Of Schenectady City Of Schenectady Contracting Compliance Report To be submitted before 5:00 p.m. on the first business day of the month Contractor: Contract No.: Contract Start Date: Contract Completion Date: Original Contract Amount: $ Current Contract Amount (Including Change Orders): $ Report for month of: 20 List all Section 3/DBE/MWBE Subcontractors and Suppliers utilized on this contract to date. Copies of all subcontract/supplier agreements executed during this reporting period must be submitted with report. Make copies of form if additional space is needed. Name of Indicate Scope of Total Amount Amount Balance Subcontractor/Supplier Work Subcontract Paid this Paid To Due Certification Performed Amount Period Date (DBE/MWBE Including / Section 3) Change Orders Total Amount Paid to Contractor by CITY OF SCHENECTADY: This Period: $ To Date: $ Total Amount Paid by Contractor to Section 3 Business Concerns: This Period: $ To Date: $ Total Amount Paid by Contractor to DBEs: This Period: $ To Date: $ Total Amount Paid by Contractor to WBEs: This Period: $ To Date: $ Name: Title: Date: City Of Schenectady Section 3 Employment and Training Assessment This Assessment is designed to capture potential Section 3 Certified candidates’ employment interest, work experience and training information. Information will be forwarded to employers based upon the skills required for the open positions. Applicants will be considered for positions without regard to race, color, religion, sex national origin, age or marital status. Personal Information Name Date_ Address City State Zip Home Telephone Alt. Telephone Current Age_ Date of Birth Do you reside at a City Of Schenectady affordable housing site? ( ) YES ( ) NO If Yes, Which Site: Name of Head of Household Are you a Schenectady Housing Choice Voucher Participant ( ) YES ( ) NO If Yes, Name of Head of Household Do you reside at a federally supported housing unit? ( ) YES ( ) NO Are you a HUD Youth Build Participant? ( ) YES ( ) NO Education Highest Level of Education (Grade Completed) High School Diploma GED Some College College List Degree Year Completed Name of last School Attend_ City State_ Last Year Attended Employment 1. Have you ever worked before? Yes No 2. Are you currently working? Yes No_ Full Time Part Time 3. Current Job Title Hourly Rate 4. Have you ever completed an occupational skills training? If so, what, when and where. 33 City Of Schenectady 5. Do you have an occupational skills credential/license? If so, what and expiration date. 6. Have you ever participated or completed work readiness training? If so, when. 7. Are there any problems or issues that may prevent you from working consistently? If so, explain. 8. What type of environment would you like to work in? Indoors Outdoors 9. What types of machinery/office equipment to you know how to operate? Employment History Beginning Name of Employer Dates of Employment Hourly Rate Address/ City/State Start/End Job Title Ending Hourly Reason For Leaving Rate Transportation 1. Do you have a valid driver’s license? Yes No State 2. Do you own a car or have access to reliable transportation to get to and from work? Yes No If yes, make /model/year of car. If no vehicle or license, what is your primary means of transportation? References: DO NOT INCLUDE RELATIVES. Name Address City _State Zip Code Telephone Position/Relationship Name Address City _State Zip Code Telephone Position/Releationship_ Name Address City _State Zip Code Telephone Position/Releationship_ Signature: Date: Print Name: SKILLS ASSESSMENT I. Place an (X) on the area(s) in which you have skills and list the nuMWBEr of years of experience. Trade # Of Years Trade # Of Years Experience Experience Carpentry Drywall Form Carpentry Painting Cement Forms Finisher Drywall Hanger Rough Frame Carpentry Drywall Finisher Finish Carpentry Finish Interior Carpenter Flooring Finish Exterior Carpet Installation Door Installation Tile Setting Window Installation Wood Flooring Installation Machine Operation Misc. Items Forklift Appliance Installation Boom/lift Fencing Bob Cat Landscaping Back Hoe Plumbing Excavator Plumbing Fixture Install Sweeper Janitorial HVAC Electrical Security Electrical (wiring) General Labor Electrical (Connection) Other 1 Electrical (Fixture Install) Other 2 Other 3 Concrete / Masonry Other 4 Cement Steel Setter Business # Of Years List any Other Field # Of Years Experience Experience Administrative Assistant Accountant Architect Engineer Social Service File Clerk Legal Aid Assistant Receptionist Mail Clerks Clerical Assistant Customer Service Rep Project Assistant I. Please place an (X) by the area(s) in which you are interested in training. Carpentry Electrical Painting Carpet Installation Cement / Masonry Fencing Drywall Landscaping Plumbing Tile Setting Wood Flooring installation Iron Work Machine Operation HVAC Appliance Installation Bricklaying Janitorial General labor Security Window Installation Door Installation Fixtures Installation Other HAZMAT LIST OTHERS HAZWOPER Truck Driving OSHA Pipe laying Green Construction II. Comments CITY OF SCHENECTADY LEGISLATIVE REQUEST FORM COMMITTEE ASSIGNMENT: DATE: March 16, 2020 TO: City Council FROM: Andrew Koldin, Corporation Counsel SUBJECT: Equipment Transfer Agreement with General Electric Company Background Information: In the past, General Electric Company (“GE”) has paid the City to provide fire department services to GE’s Schenectady Plant Campus. The City and GE are seeking for the City to continue to provide fire department services to the Campus for the period from May 2020 to May 2024. The annual value of these services is $55,000, for a total aggregate value of $220,000. In lieu of paying monies to the City for these services, GE seeks to transfer title of a 2014 HME 1871-SFO Custom Fire Apparatus with miscellaneous firefighting equipment to the City. According to the Fire Department, the City has conducted an inquiry and investigation into the fire truck and the equipment and reasonably believes that the value of the fire truck and equipment meet the value of the services for which the City will provide fire department services. Evaluation/Analysis: Based upon the recommendation from the Fire Chief, the value of fire truck and equipment is equal to that of the services to be rendered. In addition, the City will make a final inspection of the fire truck and equipment prior to acceptance of those items. Recommendation: It is recommended that the Committee pass the legislative request that the City Council consider a resolution to provide fire department services from May 2020 to May 2024 to GE at its Schenectady Plant Campus in exchange for title to a 2014 HME 1871-SFO Custom Fire Apparatus with miscellaneous firefighting equipment. LEGISLATION WILL BE PREPARED BY_____LAW DEPARTMENT_________ SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Public Safety Committee Date: Monday, March 16, 2020 From: Leesa Perazzo Subject CR - Recognizing April as Sexual Assault Awareness Month. Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020 SCHENECTADY CITY COUNCIL Legislative Request Form Committee: Claims Committee Date: Monday, March 16, 2020 From: Ed Kosiur Subject Siriak Tax Cert. Discussion Background Info: Evaluation/Analysis Recommendation Tuesday, March 17, 2020

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