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77-2592 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 77-2592 RESOLUTION ADOPTING A SECTION 3 AFFIRMATIVE ACTION PLAN AS SPECIFIED IN THE HOUSING & URBAN DEVELOPMENT ACT OF 1968 . WHEREAS, the City of Hopkins, Minnesota, has received monies under the Housing and Community Development Act of 1974, and WHEREAS, the City of Hopkins must adopt policies from time to time in order to comply with Federal Requirements, and WHEREAS, the Housing and Community Development Act requires that participants develop and adopt a Section 3 Affirmative Action Plan as specified in Title 24, Part 135 of the Federal Register; NOW, THEREFORE BE IT RESOLVED that the City of Hopkins hereby adopts a 1110 Section 3 Plan and agrees to make every effort to implement such plan. Passed and adopted at a regular Council meeting held the 5th day of July, 1977. H.E. RICHARDSON, JERRE A. MILLER, City Clerk City Clerk JOSEPH C. VESELY, City Attorney p 1 Section 3 Affirmative Action Plan Resolution No. 77-2592 A resolution adopting the establishing of a Section 3 Affirmative Action Plan as specified in the Housing & Urban Development Act of 1968. Purpose The purpose of this Section 3 Plan is to provide to the greatest extent feasible, opportunities for training and employment shall be given to lower income residents of the City of Hopkins, and that con- tracts for work in connection with such projects being, when possible, • in compliance with Chapter I Section 100:00 of the City Charter, awarded to business concerns which are located in, or are owned in substantial part, by residents of the City of Hopkins. Definitions As used in this part - (a) "Applicant" means any entity seeking assistance for a project including , but not limited to mortgagors, developers, local public bodies, nonprofit or limited dividend sponsors, builders, or property managers. • CO "Business concerns located within the Section 3 covered project area" means those individuals or firms located within the relevant Section 3 covered project area as determined pursuant to 135.15, listed on the Depart- ment's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. t (c) "Business concerns owned in substantial part by persons residing in the Section 3 covered project area" means those business concerns which are 51 percent or more owned by persons residing within the relevant 411 Section 3 covered project as determined pursuant to 135.15, owned by persons considered by the Small Business Administration to be socially or economi- cally disadvantaged listed on the Department's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. (d) "Contracting party" means any entity which contracts with a contractor for the performance of work in connection with a Section 3 covered project. (e) "Contractor" means any entity which performs work in connection with a Section 3 covered project. (f) "Department" means the Department of Housing and Urban Development. • (g) "Lower income resident of the area" means any individual who resides within the area of a Section 3 covered project and whose family income does not exceed 90 percent of the median income in the Standard Metropolitan Statistical Area (or the County if not within an SMSA) in which the Section 3 covered project is located. (h) "Political jurisdiction" means a politically organized community with a governing body having general governmental powers. (i) "Recipient" means any entity who received assistance for a project in- cluding, but not limited to, mortgagors, developers, local public bodies, nonprofit or limited dividend sponsors, builders or property managers. (j) "Secretary" means the Secretary of Housing and Urban Development. • (k) "Section 3" means section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u. (1) "Section 3 clause", means the contract provisions set forth in 135.20(b) . 1 (m) "Section 3 covered project" means any nonexempt project assisted by any program administered by the Secretary in which loans, grants, subsidies, or other financial assistance are provided in aid of housing, urban planning, 411 development, redevelopment, or renewal, public or community facilities, and new community development (except where the financial assistance available under such program is solely in the form of insurance or guaranty) . Projects, contracts, and subcontracts, connected with programs administered by the Secretary under section 235 and 236 of the National Housing Act, as well as any Public Housing program and which do not exceed $500,000 in estimated cost are exempted from the requirements of this part, as is any subcontract of $50,000 or under on such projects or contracts in excess of $500,000. (n) "Subcontractor" means any entity (other than a person who is an employee of the contractor) which has agreed or arranged with a contractor to undertake • a portion of the contractor's obligation or the performance of work in connec- tion with a section 3 covered project. • • SECTION 3 PROJECT AREA The location of the project area shall be considered the corporate limits of the City of Hopkins. First consideration for training and employment under a Section 3 covered project shall be given to persons living in or businesses located in or closest to the programmed activity. ASSURANCE OF COMPLIANCE All contracts for work between the City of Hopkins and the con- tracting party in connection with a Section 3 covered project shall contain a Section 3 clause as specified in Part 135 of Title 24 of the Housing & Urban Development Act of 1968. EMPLOYMENT AND TRAINING The City of Hopkins shall make every effort to fill training positions • with lower income area residents. The City shall also require all con- tracting parties undertaking work in connection with a Section 3 covered project to make every effort to utilize lower income project area residents as trainees. PLAN IMPLEMENTATION The Community Development Officer shall be responsible for compliance with the plan.