City Council Committees
Regular MeetingSchenectady, NY · March 23, 2020
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.
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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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