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Maplewood Apartments Project Compliance Reporting Requirements, For All Subcontractor and Lower Tier Subcontractors 1. Initial Set Up Sheet You must include all of the information requested on the on the Initial Set Up Sheet, included in this packet Any Lower Tier Subcontractors will also need to complete the form so that we can set them up In the Elations/LCPtracker Reporting Systems We will send you the log in information once we have received your set up sheet 2. Elations/LCPtracker (Electronic Certified Payroll Reporting Systems) Payrolls are to be submitted weekly through the Elations & LCPtracker electronic reporting systems If you are not onsite for the week and plan to return, you will need to submit a “No Work Performed” payroll for that week. If your work is complete on site; you will need to check the Final Payroll box. All payrolls are due within 7 days after the pay period 3. Daily Sign In Sheet All subcontractors must submit an Employee Sign In and Out Dailysheet weekly 4. Additional Wage Classification Request (HUD FORM 4230A) Review your wage decision to locate any classification you will utilize on this project, if it is not listed on the wage decision we may need to request an Additional Wage Classification. If an Additional wage classification is needed you must complete a HUD FORM 4230 A Once the request is received, we will review and forward to HUD for review. If they believe it is justified, they will forward to the Department of Labor; this can take 4 – 6 weeks (or longer). If the decision comes in at a higher rate you will need to go back and correct the payrolls, including any restitution that may be due 5. First Source Reporting (Forms Attached) Everyone with a contract value of $300,000 or greater will be required to submit a First Source Agreement to Marous prior to the start of work All subcontractors will be required to submit payrolls into the LCPtracker reporting system Exhibit N - 2/2/2018
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Maplewood Apartments Project Compliance Reporting Requirements, For All

Subcontractor and Lower Tier Subcontractors

1. Initial Set Up Sheet

You must include all of the information requested on the on the Initial Set UpSheet, included in this packet

Any Lower Tier Subcontractors will also need to complete the form so that we canset them up In the Elations/LCPtracker Reporting Systems

We will send you the log in information once we have received your set up sheet

2. Elations/LCPtracker (Electronic Certified Payroll Reporting Systems) Payrolls are to be submitted weekly through the Elations & LCPtracker electronic reporting

systems If you are not onsite for the week and plan to return, you will need to submit a

“No Work Performed” payroll for that week. If your work is complete on site;you will need to check the Final Payroll box.

All payrolls are due within 7 days after the pay period

3. Daily Sign In Sheet All subcontractors must submit an “Employee Sign In and Out Daily” sheet weekly

4. Additional Wage Classification Request (HUD FORM 4230A) Review your wage decision to locate any classification you will utilize on this project,

if it is not listed on the wage decision we may need to request an Additional WageClassification. If an Additional wage classification is needed you must complete aHUD FORM 4230 A

Once the request is received, we will review and forward to HUD for review. Ifthey believe it is justified, they will forward to the Department of Labor; this cantake 4 – 6 weeks (or longer). If the decision comes in at a higher rate you willneed to go back and correct the payrolls, including any restitution that may bedue

5. First Source Reporting (Forms Attached) Everyone with a contract value of $300,000 or greater will be required to

submit a First Source Agreement to Marous prior to the start of work All subcontractors will be required to submit payrolls into the LCPtracker

reporting system

Exhibit N - 2/2/2018

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Maplewood Apartments Project Compliance Reporting Requirements, For All

Subcontractor and Lower Tier Subcontractors

6. Department of Small & Local Business Development (DSLBD) (Forms Attached)

All certified SBE/CBE subcontractors must submit a Vendor Verification Form (VVF) on a quarterly basis. No later than 15 days after the quarter has ended

This is an accumulative report and must reflect monies paid to date

If you have any 2ND tier subcontractors you must list them

If your 2ND tier subcontractor is a CBE they must also submit a VVF

The form must be notarized

7. DOES Apprenticeship Reporting (Instructions Attached)

Everyone must register an Apprenticeship program within the DC Apprenticeship Council

8. Section 3 Reporting:

All contracts over $100,000 must complete and submit a Section 3 Opportunities plan

There are two components to Section 3 reporting:

• Contractual 10% of subcontracts & 3% of all other:

• Workforce 30% resident requirement:

• Employees must complete a Section 3 Resident Worksheet

• Workers must reside in the statistical area to qualify

• We must report all new hires; including rehires

• All contracts over $100,000 must submit Quarterly reports as follows:

1st Quarter – Oct. 1 – Dec. 31 – Due on January 9th 2nd Quarter – Jan. 1 – March 31 – Due on April 9th 3rd Quarter – April 1 – June 30 – Due on July 9th 4th Quarter – July 1 – Sept. 30 – Due on October 9th

• Quarterly reports Include:

• Narrative Report • Outreach Questionnaire • Employees Report • Contracts Summary • Contracts Report – Page 1 & Page 2

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Maplewood Apartments Project Compliance Reporting Requirements, For All

Subcontractor and Lower Tier Subcontractors

9. Wage Decision (Decision Attached)

Prevailing Wages to be paid to all employees determined by classification of work on the Wage Decision

Review the Wage Decision for your classifications; if your classification is not there, you will need to complete a HUD FORM 4230 A

Please submit payrolls weekly so that we can review and advise you if there are any issues that must be corrected before we submit our monthly billing. If all documentation detailed here in is not submitted in a timely manner by the subcontractor or any of the lower tier subcontractors we may opt to pull you from the monthly billing until you s submit all necessary documentation. If you have any questions please do not hesitate to contact us at the number/email below

Diana Correa Compliance Manager 440-391-5427 [email protected]

Dee Curtis

Subcontract Administrator 440-391-5395 [email protected]

Should you need any blank forms, please go to the following website and click on “Subcontractor Resource.” Here, you will find all projects listed with their documents attached for your use

www.marousbrothers.com

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Initial Set-Up Sheet

Elations/LCPtracker contractual reporting systems

Company Name:

Project Name:

Subcontractor to:

Contact Person:

Elations/LCPtracker Company ID (If previously registered):

Federal tax ID number: _

Main Company Email:

Contract Amount: $

Union/Non-Union:

Phone number:

Fax number:

Please Circle All Certifications that Apply: SBE CBE Section 3

Company Address, city, state, zip code (No P.O. Box Numbers):

Compliance Contact Person Name & Email (login information will be sent to this address):

Work Description/Scope of Work

Award Date Work Start Date Work End Date

Initial Elations/LCPtracker Reporting Set-Up Form

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Daily Sign-In/Sign-Out Sheet

EMPLOYEE NAME

DATE (Printed) SIGNATURE WORK TRADE

TIME-IN HRS.

TIME-OUT

WORKED

TOTAL

WEEK ENDING DATE: (Page 1 of \ )

Prime Contractor:

Time Out Worked:

SUBCONTRACTOR NAME (for Employees Signing below):

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Report of Additional Classification and Wage Rate

U.S. Department of Housing and Urban Development Office of Labor Relations

OMB Approval No. 2501-0011 (Exp. 01/31/2010)

HUD-4230A (8-03) PREVIOUS EDITION IS OBSOLETE

Public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining data needed, and completing and reviewing the collection of information. The information is considered non-sensitive and does not require special protection. This information is required to obtain benefits. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. Employers engaged on HUD-assisted construction projects subject to Davis-Bacon wage requirements must pay no less than the wages determined to be prevailing by the Secretary of Labor to all laborers and mechanics engaged on the construction work. On occasion, the applicable Davis-Bacon wage decision does not contain all of the work classifications and wage rates needed to complete the construction work. This information collection facilitates the addition of needed work classifications and wage rates for the construction work involved. This form is used by HUD and local agencies administering HUD programs to report employer request(s) for additional classification and wage rates so that an appropriate wage rate can be approved by the Department of Labor for the construction work. This information collection is required by Department of Labor regulations at 29 CFR 5.5. While no assurances of confidentiality are pledged to respondents, HUD generally discloses these data only in response to a Freedom of Information request. Instructions General: Contractors/Employers: Do not need to complete this form. Submit a written, signed request to the responsible contracting agency naming the work classifications and the wage rates, including any fringe benefits, that are proposed. Local Agency Staff: Complete items 2 through 10. Submit one copy of this form to the responsible HUD Labor Relations Office with a copy of the applicable Davis-Bacon wage decision and the written request from the employer naming the work classifications and wage rates that are proposed. (The employer’s request must be made in writing and must be signed.) 1. For HUD or State CDBG Office use. Enter the name and address of HUD Office (or State CDBG office) submitting the

report and to which the DOL reply should be sent. 2. Enter the name and number of the project or contract involved. 3. Enter the location of the project involved: city, county and state. 4. Describe the construction involved, e.g., new construction or rehabilitation, number and type of buildings, number of stories,

number of units (as applicable). For example, New construction: 3 – 4-story buildings; 120 units. 5. Enter the character of construction as defined by DOL for Davis-Bacon prevailing wage rate purposes. 6. Enter the number of the Davis-Bacon wage decision applicable to the construction work. Include the number of wage

decision modifications (if any) applicable to the work. 7. Enter the effective date of the wage decision for the project. (See DOL regulations at 29 CFR 1.6.) 8. Enter the work classifications and corresponding hourly basic wage rates and fringe benefit rates (if any) requested. 9. Self-explanatory. 10. If the requesting employer is not the prime contractor, enter the name and address of the subcontractor/employer making

the request.

Remainder of Form: HUD Labor Relations/State CDBG use. HUD Labor Relations/State CDBG Staff: Evaluate the employer’s request against the criteria for approval (see DOL Regulations, 29 CFR Part 5, and related contract labor standards provisions). The criteria are reflected in “checklist” form to ensure that each factor is considered and to ensure that supporting documentation, including a copy of the applicable wage decision, is attached. Check the box next to each criterion that is met; do not check the box next to any criterion that is not met. If the request meets all criteria, check the appropriate box, enter the name and telephone number of the HUD/State CDBG agency representative, and sign and date the form. Submit one copy of the completed form to the DOL with a copy of the applicable Davis-Bacon wage decision and the written request from the employer involved. If the request fails to pass all criteria, check the appropriate box, enter agency contact information, and sign and date the form. Submit one copy of the completed form to the DOL with a copy of the applicable Davis-Bacon wage decision, the written request from the employer involved, and a cover letter explaining how the employer’s request failed to meet one or more of the criteria. Submission of Report Completed forms shall be sent to: Branch of Construction Wage Determinations, U.S. Department of Labor, 200 Constitution Avenue, NW, Room S-3014, Washington, DC 20210.

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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT REPORT OF ADDITIONAL CLASSIFICATION AND RATE

HUD FORM 4230A OMB Approval Number 2501-0011

(Exp. 01/31/2010)

1. FROM (name and address of requesting agency)

2. PROJECT NAME AND NUMBER

3. LOCATION OF PROJECT (City, County and State)

4. BRIEF DESCRIPTION OF PROJECT

5. CHARACTER OF CONSTRUCTION

Building Heavy Highway

Residential Other (specify)

6. WAGE DECISION NO. (include modification number, if any)

COPY ATTACHED

7. WAGE DECISION EFFECTIVE DATE

8. WORK CLASSIFICATION(S) HOURLY WAGE RATES

BASIC WAGE FRINGE BENEFIT(S) (if any)

9. PRIME CONTRACTOR (name, address)

10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address)

Check All That Apply: The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.

The proposed classification is utilized in the area by the construction industry. The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in

the wage decision. The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). Supporting documentation attached, including applicable wage decision.

Check One: Approved, meets all criteria. DOL confirmation requested. One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested.

FOR HUD USE ONLY LR2000:

Agency Representative (Typed name and signature)

Date Log in:

Log out:

Phone Number HUD-4230A (8-03) PREVIOUS EDITION IS OBSOLETE

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Department of Employment Services

FIRST SOURCE PROGRAM

FIRST SOURCE PROGRAMThe Department of Employment Services (DOES) First Source Program has been in effect since 1984. For more than 30 years, the First Source Employment Program has been an important part of the District of Columbia’s strategy to reduce unemployment in the city.

First Source ensures that city residents are given priority for new jobs created by municipal financing and development programs. Over the years, various amendments were added to strengthen or relax the requirements.

The Workforce Intermediary Establishment and Reform of First Source Amendment Act of 2011 made substantial changes to the First Source law, including the following:

• Eliminates contracts under $300K from First Source obligations, and• Under the law, 51% of all new hires on any government-assisted project or contract between• $300,000 and $5,000,000 must be District residents.• Requires that each government-assisted construction project receiving government assistance totaling

$5 million or more must have the following percentage of District of Columbia residents on those projects:

• 20% of journey worker hours• 60% of apprentice hours• 51% of skilled laborer hours• 70% of common laborer hours

HOW TO SUBMIT A FIRST SOURCE AGREEMENT/EMPLOYMENT PLANEach District contracting agency is responsible for insuring that a DOES First Source Agreement/Revised Employment Plan is included with all required contractual documents.

Please email all First Source Agreements/Revised Employment Plans to the First Source mailbox at [email protected]. Send Complete First Source Agreement/Revised Employment Plan in PDF Format.

For more information about the First Source Program, contact the following:

FIRST SOURCE PROGRAM4058 Minnesota Avenue, NE, Suite 3700Washington, DC 20019Mainline (202) 698-6284 • [email protected]

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GOVERNMENT OF THE DISTRICT OF COLUMBIA FIRST SOURCE EMPLOYMENT AGREEMENT FOR

CONSTRUCTION PROJECTS ONLY

GOVERNMENT-ASSISTED PROJECT/CONTRACT INFORMATION CONTRACT/SOLICITATION NUMBER: _____________________________________________ DISTRICT CONTRACTING AGENCY: _______________________________________________ CONTRACTING OFFICER: _________________________________________________________ TELEPHONE NUMBER: ___________________________________________________________ TOTAL CONTRACT AMOUNT: _____________________________________________________ EMPLOYER CONTRACT AMOUNT: _________________________________________________ PROJECT NAME: _________________________________________________________________ PROJECT ADDRESS: ______________________________________________________________ CITY: ___________________________ STATE: ________________ ZIP CODE: ______________ PROJECT START DATE: _____________________ PROJECT END DATE: __________________ EMPLOYER START DATE: __________________ EMPLOYER END DATE: ________________

EMPLOYER INFORMATION EMPLOYER NAME: _______________________________________________________________ EMPLOYER ADDRESS: ____________________________________________________________ CITY: ___________________________ STATE: ________________ ZIP CODE: ______________ TELEPHONE NUMBER: ________________ FEDERAL IDENTIFICATION NO.:_____________ CONTACT PERSON: _______________________________________________________________ TITLE: ___________________________________________________________________________ E-MAIL:____________________________________TELEPHONE NUMBER: ________________

LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE (LSDBE) CERTIFICATION NUMBER: ________________ D.C. APPRENTICESHIP COUNCIL REGISTRATION NUMBER: __________________________ ARE YOU A SUBCONTRACTOR YES NO IF YES, NAME OF PRIME CONTRACTOR: ___________________________________________________________________

This First Source Employment Agreement (Agreement), in accordance with Workforce Intermediary Establishment and Reform of the First Source Amendment Act of 2011 (D.C. Official Code §§ 2-219.01 – 2.219.05), and relevant provisions of the Apprenticeship Requirements Amendment Act of 2004 (D.C. Official Code § 2-219.03 and § 32-1431) for recruitment, referral, and placement of District of Columbia residents, is between the District of Columbia Department of Employment Services, (DOES) and EMPLOYER. Pursuant to this Agreement, the EMPLOYER shall use DOES as its first source for recruitment, referral, and placement of new hires or employees for all new jobs created by the Government Assisted Project or Contract (Project). The EMPLOYER shall meet the hiring or hours worked percentage requirements for all new jobs created by the Project as outlined below in Section VII. The EMPLOYER shall ensure that District of Columbia residents (DC residents) registered in programs approved by the District of Columbia Apprenticeship Council shall work 35% of all apprenticeship hours worked in connection with the Project.

I. DEFINITIONS The following definitions shall govern the terms used in this Agreement.

A. Apprentice means a worker who is employed to learn an apprentice able occupation under the terms and conditions of approved apprenticeship standards.

B. Beneficiary means:

1. The signatory to a contract executed by the Mayor which involves any District of

First Source Agreement. Revised 2013

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Columbia government funds, or funds which, in accordance with a federal grant or otherwise, the District government administers and which details the number and description of all jobs created by a government-assisted project or contract for which the beneficiary is required to use the First Source Register;

2. A recipient of a District government economic development action including

contracts, grants, loans, tax abatements, land transfers for redevelopment, or tax increment financing that results in a financial benefit of $300,000 or more from an agency, commission, instrumentality, or other entity of the District government, including a financial or banking institution which serves as the repository for $1 million or more of District of Columbia funds.

3. A retail or commercial tenant that is a direct recipient of a District government

economic development action, including contracts, grants, loans, tax abatements, land transfers for public redevelopment, or tax increment financing in excess of $300,000.

C. Contracting Agency means any District of Columbia agency that awarded a government

assisted project or contract totaling $300,000 or more.

D. Direct labor costs means all costs, including wages and benefits, associated with the hiring and employment of personnel assigned to a process in which payroll expenses are traced to the units of output and are included in the cost of goods sold.

E. EMPLOYER means any entity awarded a government assisted project or contract totaling

$300,000 or more.

F. First Source Employer Portal means the website consisting of a connected group of static and dynamic (functional) pages and forms on the World Wide Web accessible by Uniform Resource Locator (URL) and maintained by DOES to provide information and reporting functionality to EMPLOYERS.

G. First Source Register means the DOES Automated Applicant Files, which consists of the

names of DC residents registered with DOES.

H. Good faith effort means an EMPLOYER has exhausted all reasonable means to comply with any affirmative action, hiring, or contractual goal(s) pursuant to the First Source law and Agreement.

I. Government-assisted project or contract (Project) means any construction or non-

construction project or contract receiving funds or resources from the District of Columbia, or funds or resources which, in accordance with a federal grant or otherwise, the District of Columbia government administers, including contracts, grants, loans, tax abatements or exemptions, land transfers, land disposition and development agreements, tax increment financing, or any combination thereof, that is valued at $300,000 or more.

J. Hard to employ means a District of Columbia resident who is confirmed by DOES as:

1. An ex-offender who has been released from prison within the last 10 years;

2. A participant of the Temporary Assistance for Needy Families program;

3. A participant of the Supplemental Nutrition Assistance Program;

4. Living with a permanent disability verified by the Social Security Administration or

First Source Agreement. Revised 2013

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District vocational rehabilitation program;

5. Unemployed for 6 months or more in the last 12-month period;

6. Homeless;

7. A participant or graduate of the Transitional Employment Program established by § 32-1331; or

8. An individual who qualified for inclusion in the Work Opportunity Tax Credit

Program as certified by the Department of Employment Services.

K. Indirect labor costs means all costs, including wages and benefits, that are part of operating expenses and are associated with the hiring and employment of personnel assigned to tasks other than producing products.

L. Jobs means any union and non-union managerial, nonmanagerial, professional,

nonprofessional, technical or nontechnical position including: clerical and sales occupations, service occupations, processing occupations, machine trade occupations, bench work occupations, structural work occupations, agricultural, fishery, forestry, and related occupations, and any other occupations as the Department of Employment Services may identify in the Dictionary of Occupational Titles, United States Department of Labor.

M. Journeyman means a worker who has attained a level of skill, abilities and competencies

recognized within an industry as having mastered the skills and competencies required for the occupation.

N. Revised Employment Plan means a document prepared and submitted by the EMPLOYER

that includes the following:

1. A projection of the total number of hours to be worked on the project or contract by trade;

2. A projection of the total number of journey worker hours, by trade, to be worked on

the project or contract and the total number of journey worker hours, by trade, to be worked by DC residents;

3. A projection of the total number of apprentice hours, by trade, to be worked on the

project or contract and the total number of apprentice hours, by trade, to be worked by DC residents;

4. A projection of the total number of skilled laborer hours, by trade, to be worked on

the project or contract and the total number of skilled laborer hours, by trade, to be worked by DC residents;

5. A projection of the total number of common laborer hours to be worked on the

project or contract and the total number of common laborer hours to be worked by DC residents;

6. A timetable outlining the total hours worked by trade over the life of the project or

contract and an associated hiring schedule;

7. Descriptions of the skill requirements by job title or position, including industry-recognized certifications required for the different positions;

First Source Agreement. Revised 2013

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8. A strategy to fill the hours required to be worked by DC residents pursuant to this paragraph, including a component on communicating these requirements to contractors and subcontractors and a component on potential community outreach partnerships with the University of the District of Columbia, the University of the District of Columbia Community College, the Department of Employment Services, Jointly Funded Apprenticeship Programs, the District of Columbia Workforce Intermediary, or other government-approved, community-based job training providers;

9. A remediation strategy to ameliorate any problems associated with meeting these

hiring requirements, including any problems encountered with contractors and subcontractors;

10. The designation of a senior official from the general contractor who will be

responsible for implementing the hiring and reporting requirements;

11. Descriptions of the health and retirement benefits that will be provided to DC residents working on the project or contract;

12. A strategy to ensure that District residents who work on the project or contract

receive ongoing employment and training opportunities after they complete work on the job for which they were initially hired and a review of past practices in continuing to employ DC residents from one project or contract to the next;

13. A strategy to hire graduates of District of Columbia Public Schools, District of

Columbia public charter schools, and community-based job training providers, and hard-to-employ residents; and

14. A disclosure of past compliance with the Workforce Act and the Davis-Bacon Act,

where applicable, and the bidder or offeror's general DC resident hiring practices on projects or contracts completed within the last 2 years.

O. Tier Subcontractor means any contractor selected by the primary subcontractor to perform

portion(s) or all work related to the trade or occupation area(s) on a contract or project subject to this First Source Agreement.

P. Washington Metropolitan Statistical Area means the District of Columbia; Virginia Cities

of Alexandria, Fairfax, Falls Church, Fredericksburg, Manassas, and Manassas Park; the Virginia Counties of Arlington, Clarke, Fairfax, Fauquier, Loudon, Prince William, Spotsylvania, Stafford, and Warren; the Maryland Counties of Calvert, Charles, Frederick, Montgomery and Prince Georges; and the West Virginia County of Jefferson.

Q. Workforce Intermediary Pilot Program means the intermediary between employers and

training providers to provide employers with qualified DC resident job applicants. See DC Official Code § 2-219.04b.

II. GENERAL TERMS

A. Subject to the terms and conditions set forth herein, DOES will receive the Agreement from

the Contracting Agency no less than 7 calendar days in advance of the Project start date, whichever is later. No work associated with the relevant Project can begin until the Agreement has been accepted by DOES.

B. The EMPLOYER will require all Project contractors and Project subcontractors with

contracts or subcontracts totaling $300,000 or more to enter into an Agreement with DOES. First Source Agreement. Revised 2013

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C. DOES will provide recruitment, referral, and placement services to the EMPLOYER, subject

to the limitations in this Agreement.

D. This Agreement will take effect when signed by the parties below and will be fully effective through the duration, any extension or modification of the Project and until such time as construction is complete and a certificate of occupancy is issued.

E. DOES and the EMPLOYER agree that, for purposes of this Agreement, new hires and jobs

created for the Project (both union and nonunion) include all of EMPLOYER'S job openings and vacancies in the Washington Metropolitan Statistical Area created for the Project as a result of internal promotions, terminations, and expansions of the EMPLOYER'S workforce, as a result of this Project, including loans, lease agreements, zoning applications, bonds, bids, and contracts.

F. This Agreement includes apprentices as defined in D.C. Official Code §§ 32-1401- 1431.

G. DOES will make every effort to work within the terms of all collective bargaining

agreements to which the EMPLOYER is a party. The EMPLOYER will provide DOES with written documentation that the EMPLOYER has provided the representative of any collective bargaining unit involved with this Project a copy of this Agreement and has requested comments or objections. If the representative has any comments or objections, the EMPLOYER will promptly provide them to DOES.

H. The EMPLOYER who contracts with the District of Columbia government to perform

construction, renovation work, or information technology work with a single contract, or cumulative contracts, of at least $500,000, let within a 12-month period will be required to register an apprenticeship program with the District of Columbia Apprenticeship Council as required by DC Code 32-1431.

I. If, during the term of this Agreement, the EMPLOYER should transfer possession of all or a

portion of its business concerns affected by this Agreement to any other party by lease, sale, assignment, merger, or otherwise this First Source Agreement shall remain in full force and effect and transferee shall remain subject to all provisions herein. In addition, the EMPLOYER as a condition of transfer shall:

1. Notify the party taking possession of the existence of this EMPLOYER'S First

Source Employment Agreement.

2. Notify DOES within 7 business days of the transfer. This notice will include the name of the party taking possession and the name and telephone of that party's representative.

J. The EMPLOYER and DOES may mutually agree to modify this Agreement. Any

modification shall be in writing, signed by the EMPLOYER and DOES and attached to the original Agreement.

K. To the extent that this Agreement is in conflict with any federal labor laws or governmental

regulations, the federal laws or regulations shall prevail.

III. TRAINING

A. DOES and the EMPLOYER may agree to develop skills training and on-the-job training programs as approved by DOES; the training specifications and cost for such training will be mutually agreed upon by the EMPLOYER and DOES and will be set forth in a separate

First Source Agreement. Revised 2013

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Training Agreement. IV. RECRUITMENT

A. The EMPLOYER will complete the attached Revised Employment Plan that will include the

information outlined in Section I.N., above.

B. The EMPLOYER will post all job vacancies with the Job Bank Services of DOES at http://does.dc.gov within 7 days of executing the Agreement. Should you need assistance posting job vacancies, please contact Job Bank Services at (202) 698-6001.

C. The EMPLOYER will notify DOES of all new jobs created for the Project within at least 7

business days (Monday - Friday) of the EMPLOYERS’ identification/creation of the new jobs. The Notice of New Job Creation shall include the number of employees needed by job title, qualifications and specific skills required to perform the job, hiring date, rate of pay, hours of work, duration of employment, and a description of the work to be performed. This must be done before using any other referral source.

D. Job openings to be filled by internal promotion from the EMPLOYER'S current workforce

shall be reported to DOES for placement and referral, if the job is newly created. EMPLOYER shall provide DOES a Notice of New Job Creation that details such promotions in accordance with Section IV.C.

E. The EMPLOYER will submit to DOES, prior to commencing work on the Project, a list of

Current Employees that includes the name, social security number, and residency status of all current employees, including apprentices, trainees, and laid-off workers who will be employed on the Project. All EMPLOYER information reviewed or gathered, including social security numbers, as a result of DOES’ monitoring and enforcement activities will be held confidential in accordance with all District and federal confidentiality and privacy laws and used only for the purposes that it was reviewed or gathered.

V. REFERRAL

A. DOES will screen applicants through carefully planned recruitment and training events and

provide the EMPLOYER with a list of qualified applicants according to the number of employees needed by job title, qualifications and specific skills required to perform the job, hiring date, rate of pay, hours of work, duration of employment, and a description of the work to be performed as supplied by the EMPLOYER in its Notice set forth above in Section IV.C.

B. DOES will notify the EMPLOYER of the number of applicants DOES will refer, prior to the

anticipated hiring dates.

VI. PLACEMENT

A. EMPLOYER shall in good faith, use reasonable efforts to select its new hires or employees from among the qualified applicants referred by DOES. All hiring decisions are made by the EMPLOYER.

B. In the event that DOES is unable to refer qualified applicants meeting the EMPLOYER’S

established qualifications, within 7 business days (Monday - Friday) from the date of notification from the EMPLOYER, the EMPLOYER will be free to directly fill remaining positions for which no qualified applicants have been referred. The EMPLOYER will still be required to meet the hiring or hours worked percentages for all new jobs created by the Project.

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C. After the EMPLOYER has selected its employees, DOES is not responsible for the employees' actions and the EMPLOYER hereby releases DOES, and the Government of the District of Columbia, the District of Columbia Municipal Corporation, and the officers and employees of the District of Columbia from any liability for employees' actions.

VII. REPORTING REQUIREMENTS

A. EMPLOYER is given the choice to report hiring or hours worked percentages either by Prime

Contractor for the entire Project or per each Sub-contractor.

B. EMPLOYER with Projects valued at a minimum of $300,000 shall hire DC residents for at least 51% of all new jobs created by the Project.

C. EMPLOYER with Projects totaling $5 million or more shall meet the following hours worked

percentages for all new jobs created by the Project:

1. At least 20% of journey worker hours by trade shall be performed by DC residents;

2. At least 60% of apprentice hours by trade shall be performed by DC residents;

3. At least 51% of the skilled laborer hours by trade shall be performed by DC residents; and

4. At least 70% of common laborer hours shall be performed by DC residents.

D. EMPLOYER shall have a user name and password for the First Source Employer Portal for

electronic submission of all monthly Contract Compliance Forms, weekly certified payrolls and any other documents required by DOES for reporting and monitoring.

E. EMPLOYER with Projects valued at a minimum of $300,000 shall provide the following

monthly and cumulative statistics on the Contract Compliance Form:

1. Number of new job openings created/available; 2. Number of new job openings listed with DOES, or any other District Agency; 3. Number of DC residents hired for new jobs; 4. Number of employees transferred to the Project; 5. Number of DC residents transferred to the Project; 6. Direct or indirect labor cost associated with the project; 7. Each employee’s name, job title, social security number, hire date, residence,

and referral source; and 8. Workforce statistics throughout the entire project tenure.

F. In addition to the reporting requirements outlined in E, EMPLOYER with Projects totaling $5

million or more shall provide the following monthly and cumulative statistics on the Contract Compliance Form:

1. Number of journey worker hours worked by DC residents by trade; 2. Number of hours worked by all journey workers by trade; 3. Number of apprentice hours worked by DC residents by trade; 4. Number of hours worked by all apprentices by trade;

5. Number of skilled laborer worker hours worked by DC residents by trade; 6. Number of hours worked by all skilled laborers by trade; 7. Number of common laborer hours worked by DC residents by trade; and 8. Number of hours worked by all common laborers by trade.

First Source Agreement. Revised 2013

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G. EMPLOYER can “double count” hours for the “hard to employ” up to 15% of total hours

worked by DC Residents. H. For construction Projects that are not subject to Davis-Bacon law in which certified payroll

records do not exist, EMPLOYER must submit monthly documents of workers employed on the Project to DOES, including DC residents and all employment classifications of hours worked.

I. EMPLOYER may also be required to provide verification of hours worked or hiring

percentages of DC residents, such as internal payroll records for construction Projects that are not subject to Davis-Bacon.

J. Monthly, EMPLOYER must submit weekly certified payrolls from all subcontractors at any

tier working on the Project to the Contracting Agency. EMPLOYER is also required to make payroll records available to DOES as a part of compliance monitoring, upon request at job sites.

VIII. FINAL REPORT AND GOOD FAITH EFFORTS

A. With the submission of the final request for payment from the Contracting Agency,

the EMPLOYER shall:

1. Document in a report to DOES its compliance with the hiring or hours worked percentage requirements for all new jobs created by the Project and the percentages of DC residents employed in all Trade Classifications, for each area of the Project; or

2. Submit to DOES a request for a waiver of the hiring or hours worked percentage

requirements for all new jobs created by the Project that will include the following documentation:

a. Documentation supporting EMPLOYER’S good faith effort to comply;

b. Referrals provided by DOES and other referral sources; and c. Advertisement of job openings listed with DOES and other referral sources.

B. DOES may waive the hiring or hours worked percentage requirements for all new jobs

created by the Project, and/or the required percentages of DC residents in all Trade Classifications areas on the Project, if DOES finds that:

1. EMPLOYER demonstrated a good faith effort to comply, as set forth in Section C,

below; or

2. EMPLOYER is located outside the Washington Metropolitan Statistical Area and none of the contract work is performed inside the Washington Metropolitan Statistical Area.

3. EMPLOYER entered into a special workforce development training or placement

arrangement with DOES or with the District of Columbia Workforce Intermediary; or

4. DOES certified that there are insufficient numbers of DC residents in the labor market possessing the skills required by the EMPLOYER for the positions created as a result of the Project. No failure by Employer to request a waiver under any other provision hereunder shall be considered relevant to a requested waiver under this Subsection.

C. DOES shall consider documentation of the following when making a determination of a

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good-faith effort to comply:

1. Whether the EMPLOYER posted the jobs on the DOES job website for a minimum of 10 calendar days;

2. Whether the EMPLOYER advertised each job opening in a District newspaper with

city-wide circulation for a minimum of 7 calendar days;

3. Whether the EMPLOYER advertised each job opening in special interest publications and on special interest media for a minimum of 7 calendar days;

4. Whether the EMPLOYER hosted informational/recruiting or hiring fairs;

5. Whether the EMPLOYER contacted churches, unions, and/or additional Workforce

Development Organizations;

6. Whether the EMPLOYER interviewed employable candidates;

7. Whether the EMPLOYER created or participated in a workforce development program approved by DOES;

8. Whether the EMPLOYER created or participated in a workforce development

program approved by the District of Columbia Workforce Intermediary;

9. Whether the EMPLOYER substantially complied with the relevant monthly reporting requirements set forth in this section;

10. Whether the EMPLOYER has submitted and substantially complied with its most

recent employment plan that has been approved by DOES; and

11. Any additional documented efforts.

IX. MONITORING

A. DOES is the District agency authorized to monitor and enforce the requirements of the Workforce Intermediary Establishment and Reform of the First Source Amendment Act of 2011 (D.C. Official Code §§ 2 219.01 – 2.219.05), and relevant provisions of the Apprenticeship Requirements Amendment Act of 2004 (D.C. Official Code § 2-219.03 and § 32-1431). As a part of monitoring and enforcement, DOES may require and EMPLOYER shall grant access to Project sites, employees, and documents.

B. EMPLOYER’S noncompliance with the provisions of this Agreement may result in the

imposition of penalties.

C. All EMPLOYER information reviewed or gathered, including social security numbers, as a result of DOES’ monitoring and enforcement activities will be held confidential in accordance with all District and federal confidentiality and privacy laws and used only for the purposes that it was reviewed or gathered.

D. DOES shall monitor all Projects as authorized by law. DOES will:

1. Review all contract controls to determine if Prime Contractors and Subcontractors are

subject to DC Law 14-24.

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2. Notify stakeholders and company officials and establish meetings to provide technical assistance involving the First Source Process.

3. Make regular construction site visits to determine if the Prime or Subcontractors’

workforce is in concurrence with the submitted Agreement and Monthly Compliance Reports.

4. Inspect and copy certified payroll, personnel records and any other records or information

necessary to ensure the required workforce utilization is in compliance with the First Source Law.

5. Conduct desk reviews of Monthly Compliance Reports.

6. Educate EMPLOYERS about additional services offered by DOES, such as On-the-Job

training programs and tax incentives for EMPLOYERS who hire from certain categories.

7. Monitor and complete statistical reports that identify the overall project, contractor, and sub contractors’ hiring or hours worked percentages.

8. Provide formal notification of non-compliance with the required hiring or hours worked

percentages, or any alleged breach of the First Source Law to all contracting agencies, and stakeholders. (Please note: EMPLOYERS are granted 30 days to correct any alleged deficiencies stated in the notification.)

X. PENALTIES

A. Willful breach of the Agreement by the EMPLOYER, failure to submit the Contract

Compliance Reports, deliberate submission of falsified data or failure to reach specific hiring or hours worked requirements may result in DOES imposing a fine of 5% of the total amount of the direct and indirect labor costs of the contract for the positions created by EMPLOYER. Fines will also include additional prorated fines of 1/8 of 1% of total contract amount for not reaching specific hiring or hours worked requirements. Prime Contractors who choose to report all hiring or hours worked percentages cumulatively (overall construction project) will be penalized, if hiring or hours worked percentage requirements are not met.

B. EMPLOYERS who have been found in violation 2 times or more over a 10 year period may

be debarred and/or deemed ineligible for consideration for Projects for a period of 5 years.

C. Appeals of violations or fines are to be filed with the Contract Appeals Board.

First Source Agreement. Revised 2013

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I hereby certify that I have the authority to bind the EMPLOYER to this Agreement. By: ______________________________________ EMPLOYER Senior Official ______________________________________ Name of Company ______________________________________ ______________________________________ Address ______________________________________ Telephone ______________________________________ Email ______________________________________ ___________________ Associate Director for First Source Date Department of Employment Services 4058 Minnesota Avenue, NE Third Floor Washington, DC 20019 202-698-6284 [email protected]

First Source Agreement. Revised 2013

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Page 1 of 2 VVF (DSLBD Revised June 18, 2015)

VENDOR VERIFICATION FORM (“VVF”)

Year: Select Quarter: Select PART I. Prime Contractor/ Developer/ General Contractor & Agency Contract/ Project Details: Name: ( one) is the Prime Contractor Developer General Contractor Project: ( one) District Agency Contract: District Agency & Contract #

Private Project (Project Name): Contract/Subcontract # and Name: ( one) SBE/CBE Subcontractor SBE/CBE Lower Tier Subcontractor SBE/CBE General Contractor PART II. SBE/ CBE Contractor/ Subcontractor & Lower Tier Subcontractor Details: Insert Company Name is a (all that apply) small business enterprise (SBE) certified business enterprise (CBE) (“SBE/CBE Company”), contractor/subcontractor that performed services or provided products to , which is Select on the Select tier for the Project. The SBE/CBE Company’s CBE certification is active and the number is . PART III. SBE/CBE Company’s Subcontracts to Lower Tier SBE/CBE or Non-CBE Companies: ( one)

a. SBE/CBE Company provided 100% of all services and/or products provided for the Entire Project/Contract using its own organization and resources, and did not subcontract any portion to a lower tier subcontractor. (Skip to Part V.)

b. SBE/CBE Company provided 100% of all services and/or products provided for the Entire Subcontract using its own organization and resources, and did not subcontract any portion to a lower tier subcontractor. (Skip to Part V.)

c. SBE/CBE Company subcontracted a portion of the Contract/Subcontract to a lower tier subcontractor. (List every CBE and non-CBE lower tier subcontractor.)

Lower Tier Subcontractor

Lower Tier Subcontractor is: SBE, CBE or Non-CBE

Total Amount of Lower Tier Subcontract

Amount Paid to Lower Tier Subcontractor This Quarter

Detailed Description of lower tier subcontractor’s

scope of work

CBE Certification

Number

Fully Executed

Lower Tier Subcontract

provided with this VVF

1. Select $ $ Select 2. Select $ $ Select 3. Select $ $ Select 4. Select $ $ Select

PART IV: SBE/ CBE Subcontracting CREDIT:

A Fully executed Contract/Subcontract with the SBE/CBE Company AND each SBE & CBE listed in Part III c. is provided with this VVF: ( one) YES or Previously Provided on Date - Proceed;

NO – STOP THIS VVF WILL NOT BE ACCEPTED, AND NO CREDIT GIVEN, UNTIL THE FULLY EXECUTED CONTRACTS/ SUBCONTRACTS ARE PROVIDED!

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Page 2 of 2 VVF (DSLBD Revised June 18, 2015)

Each VVF for each SBE & CBE listed in Part III c. is provided with this VVF: ( one) YES or Previously Provided on Date - Proceed;

NO – STOP THIS VVF WILL NOT BE ACCEPTED, AND NO CREDIT GIVEN, UNTIL VVFs FOR ALL SBEs & CBEs LISTED IN PART III c. ARE PROVIDED!

SBE/ CBE Subcontracting Credit will only be assessed for the portion of services & goods provided by each SBE/ CBE Company AND each SBE/ CBE Lower Tier Subcontractor USING ITS OWN ORGANIZATION AND RESOURCES. PART V: Provide DETAILED Description of Scope of Work Provided by SBE/CBE Company: The SBE/CBE Company provided the following scope of work/ products using its own organization and resources (specify) : . The contract/subcontract work began on date and is scheduled to be completed on date. The total amount of the contract/subcontract = $ (amount should include all change orders); the total amount subcontracted to SBE & CBE lower tier subcontractors = $ (amount should include all change orders). SBE/CBE Company paid total of $ to date for portion of contract/subcontract performed with its own organization and resources; remaining amount to be paid to the SBE/CBE Company for portion of contract/subcontract performed with its own organization and resources is $ . ACKNOWLEDGEMENT I declare, certify, verify, attest or state under penalty of perjury that the information contained in this Vendor Verification Form, and any supporting documents submitted, are true and correct to the best of my knowledge and belief. I further declare, certify, verify, attest or state under penalty of perjury that I have the authority and specific knowledge of the goods and services provided under each contract/subcontract contained in this Vender Verification Form. I understand that pursuant to D.C. Official Code § 22-2402, any person convicted of perjury shall be fined not more than $5,000 or imprisoned for not more than 10 years, or both. I understand that any false or fraudulent statement contained in this Vender Verification Form may be grounds for revocation of my CBE registration pursuant to D.C. Official Code § 2-218.63. I also understand that failure to complete this Vender Verification Form properly will result in no credit towards the SBE and CBE Subcontracting Requirements. Further, a Prime Contractor, Developer, CBE, or Certified Joint Venture, if subject to, that fails to comply with the requirements of the Small and Certified Business Enterprise Development and Assistance Amendment Act of 2014 (D.C. Law 20-108) (the “Act”), shall be subject to penalties as outlined in the Act. NOTARIZATION

The undersigned, as a duly authorized representative of , CBE/SBE Company, swears or affirms that the statements

made herein are true and correct.

Signature: _________________________ Title:

Print Name: Date:

District of Columbia (or State/Commonwealth of ___________________); to wit:

Signed and sworn to or affirmed before me on this day of ,

, by , who is well known to me or has been sufficiently verified as the person who executed the foregoing

affidavit and who acknowledged the same to be his/her free act and deed.

Notary signature: __________________________________________

(Seal)

My commission expires: ________________________

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Becoming an Apprenticeship Sponsor

What is Apprenticeship?

Registered Apprenticeship is a highly flexible training system that combines on-the-job learning and related classroom instruction, in which employees receive technical and practical training in numerous occupations in various industries. It offers a proven methodology that allows employers to establish the standards of proficiency required of its professionals. How to become an Apprenticeship Sponsor with the D.C. Apprenticeship Council

An apprenticeship sponsor can be an individual employer, employer association or partnership between employers and labor unions (public and private). Employers and organizations applying for apprenticeship registration must develop apprenticeship standards, which is a written plan, embodying the terms and conditions for the employment, training and supervision of apprentices according to apprenticeship regulations. The D.C. Office of Apprenticeship staff is available to provide the necessary guidance and technical assistance in developing the required apprenticeship standards for approval consideration. The Apprenticeship Office staff also will conduct a workforce site analysis of the potential apprenticeship sponsors’ facilities and workforce.

Mandatory Apprenticeship Requirement Although registering apprenticeship programs is voluntary for all industries, the District of Columbia has a mandatory apprenticeship registration law known as D.C. Law 2-156. Any prime contractor, subcontractors, including tier-subcontractor whose contract amount is $500,000 or more on a single contract or cumulative contracts within a twelve month period must register an apprenticeship program with the D.C. Apprenticeship Council. The mandatory apprenticeship requirement applies to new construction, renovation and information technology work on all District government assisted projects, including First Source. Thirty-five percent (35%) of apprenticeship hours worked on any government assisted project must be performed by District of Columbia residents.

What are Apprenticeship Standards?

A set of Apprenticeship standards is an organized and written plan, embodying the terns and conditions for employment, training and supervision of one or more apprentices. Apprenticeship standards also can include one (1) or more occupations along with a work-process, outlining the skilled tasks of the occupation(s) for on-the-job training.

DOES is an Equal Opportunity Employer/Provider.Language interpretation services are available without cost.

Auxiliary aids and services are available upon request for individuals with disabilities.

Government of the District of ColumbiaVincent C. Gray, Mayor

Department of Employment ServicesLisa M. Mallory, Director

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Basic Apprenticeship Standards Contents

Below are the 25 minimum basic standard items required for submitting proposed apprenticeship standards. Narratives for each item on the program implementation are also required.

Apprenticeship Standards Items Description

Purpose Describes purpose of the proposed apprenticeship program training.

Eligibility Requirements Identify requirements for applicants to be eligible for apprenticeship consideration.

Selection Procedure Identify notification, recruitment, selection and rating system for applicants.

Term of Apprenticeship 2000 hour of on-the-job training per year for any occupation.

Provision for Related Training Standards must identify type(s) of related instruction or supplemental training apprentices will receive. Sponsor is responsible for apprentice(s) tuition.

Wages for Apprentices Standards must show progressive wages in percentage for apprentices during the training period of apprenticeship.

Equal Employment Opportunity Pledge Apprenticeship standards must include Equal Employment Opportunity Pledge according to D.C. State Plan.

Supervision of Apprentices Ensure that apprentices will be under proper supervision

Safety Standards must include safety of apprentices, both on-the-job and related instruction.

Registration of Apprentices Standards must identify the procedures for official registration of apprentices with the D.C. Apprenticeship Council.

Notification Standards must indicate that sponsor will notify the D.C. Office of Apprenticeship (Registration Agency) of all apprentice actions.

Probation Period Probationary period for apprentices is 90 days.

Affirmative Action Plan Identifies the recruitment and selection of minority and women apprentices according to D.C. State Plan.

Maintenance of Apprenticeship Record All apprenticeship records must be maintained for 5 years. Apprenticeship sponsors must also identify a D.C. street address for maintaining apprenticeship records.

Complaint Procedures Procedures for apprenticeship complaints must be included and be in accordance with D.C. Apprenticeship Council Rules and Regulations.

Deregistration of Apprenticeship Program Apprenticeship programs may be voluntarily canceled by the apprenticeship sponsor, or the program can be deregistered by the Apprenticeship Council for cause.

Cancellation of Apprenticeship Agreement Apprenticeship Registration Agreement may be voluntarily canceled by the apprentice, or the sponsor can canceled (terminated) apprentices’ Agreement for cause.

Work Process Each apprenticeship standards must include a work process that identifies the skilled task areas of the apprentice-able occupation(s).

Periodic Evaluation Apprenticeship sponsor identifies assessment of apprentices’ performance (on-the-job and related instruction) during the apprenticeship training period.

Completion Requirement Apprenticeship sponsor will identify all apprentices, who successfully completes their apprenticeship training and request the Registration Agency to issue apprenticeship completion certificates.

Granting Advance CreditApprenticeship sponsors may grant apprentices credit(s) toward their apprenticeship training up to ¼ the apprenticeship term without D.C. Apprenticeship Council approval. Request to the Apprenticeship Council can be made for additional credits for the apprentice.

Provision for Modification or Amendment to Apprenticeship Standards

Apprenticeship sponsors may submit amendments and modifications to apprenticeship standards at any time during the program registration for approval. All proposed amendments and modifications must receive D.C. Apprenticeship Council approval prior to implementation.

Proper Signature(s) to Apprenticeship Standards All apprenticeship standards must have proper signature(s) of the apprenticeship sponsor and Registration.

Apprenticeship Numerical Ratio The D.C. Apprenticeship numerical ratio requires one (1) apprentice to every three (3) journey-workers employed.

Statement of ComplianceStandards must include statement indicating that sponsor’s program will be operated in accordance with D.C. Rules and Regulations for Apprenticeship and the D.C. State Plan for Equal Employment Opportunity in Apprenticeship and Training.

The D.C. Office of Apprenticeship, Information and Training staff is available to provide technical assistance and guidance during the apprenticeship registration process in the development of apprenticeship standards. There is no cost for this service.

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ENROLLED ORIGINAL

1Codification District of Columbia Official Code, 2001 Edition West Group Publisher, 1-800-328-9378.

AN ACT

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

___________________

To amend the Amendments to an Act to Provide for Voluntary Apprenticeship in the District ofColumbia Act of 1978 to require registration of apprenticeship programs, to requirecontractors who contract with the District of Columbia government to hire Districtresidents to perform a certain percentage of apprenticeship hours, to provide for theimposition of penalties for those contractors who fail to comply with this requirement, torequire that funds collected or the payment of penalties be remitted to the District ofColumbia Public Schools for the support of vocational education programs; and toamend the First Source Employment Agreement Act of 1984 to exempt nonprofitorganizations with 50 or fewer employees from the First Source requirements.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That thisact may be cited as the “Apprenticeship Requirements Amendment Act of 2004".

Sec. 2. Section 5 of the Amendments to An Act To Provide For VoluntaryApprenticeship in the District of Columbia Act of 1978, effective March 6, 1979 (D.C. Law2-156; D.C. Official Code § 32-1431), is amended to read as follows:

“(a)(1) All prime contractors and subcontractors who contract with the District ofColumbia government to perform construction, renovation work, or information technologywork with a single contract, or cumulative contracts, of at least $500,000, let within a 12-monthperiod shall be required to register an apprenticeship program with the District of ColumbiaApprenticeship Council; and

“(2) All beneficiaries of projects in excess of $1 million funded in whole or in partwith funds which, in accordance with a federal grant or otherwise, the District of Columbiagovernment administers, and in which the District of Columbia is a signatory to any agreement ofa contractual nature, shall be required to register an apprenticeship program with the District ofColumbia Apprenticeship Council. “(b) Beginning July 1, 2005, 35% of all apprenticeship hours performed pursuant to apprenticeship programs required by subsection (a) of this section shall be performed by District

CodificationDistrict ofColumbiaOfficial Code

2001 Edition

2005 WinterSupp.

West GroupPublisher

Amend§ 32-1431

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ENROLLED ORIGINAL

2Codification District of Columbia Official Code, 2001 Edition West Group Publisher, 1-800-328-9378.

of Columbia residents.“(c)(1) Any prime contractor, subcontractor, or beneficiary that fails to comply with

subsection (b) of this section shall be subject to a monetary fine in the amount of 5% of thedirect and indirect labor costs of the contract. “(2) Fines for a violation of subsection (b) of this section shall be imposed by theContracting Officer. The Contracting Officer may waive or reduce any fine if the ContractingOfficer finds that:

“ (A) A good faith effort to comply with the requirements of this sectionhas been demonstrated by the prime contractor, subcontractor, or the beneficiary;

“(B) The prime contractor, subcontractor, or the beneficiary enters into aspecial workforce development training or placement arrangement with the Department ofEmployment Services or the DC Workforce Investment Council;

“(C) The Department of Employment Services certifies that there is aninsufficient number of District residents in the labor market possessing the skills required for theapprenticeship positions needed under the contract; or

“(D) The prime contractor, subcontractor, or the beneficiary is locatedoutside the Washington Standard Metropolitan Statistical Area and none of the contract work isperformed inside the Washington Standard Metropolitan Statistical Area, which is comprised ofthe District of Columbia, Calvert, Charles, Howard, Montgomery and Prince George’s Countiesin Maryland, Arlington, Fairfax, Loudon, Prince William and Stafford Counties in Virginia and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park in Virginia.

“(3) Any fine resulting from a violation of this subsection shall be remitted to theDistrict of Columbia Public Schools to be used solely for the support of vocational educationprograms, subject to appropriations by Congress.

“(d) The prime contractor, subcontractor, or the beneficiary shall submit to theDepartment of Employment Services, for every month following the execution of the contract, acompliance report for the project that includes:

“(1) The apprenticeship programs required by subsection (a) of this section thatare registered with the District of Columbia Apprenticeship Council;

“(2) The total number of apprenticeship hours required for the project; “(3) The total number of apprenticeship hours performed by District of Columbia

residents; and“(4) The total number of apprentices hired for the reporting period and the

cumulative total number of apprentices hired, including, for each, the:“(A) Name;“(B) Residence;“(C) Apprenticeship position; and“(D) Hire date.

“(e) Nonprofit organizations with 50 employees or less shall be exempt from subsections

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ENROLLED ORIGINAL

3Codification District of Columbia Official Code, 2001 Edition West Group Publisher, 1-800-328-9378.

(a) and (b) of this section.“(f) For purposes of this section, the term:

“(1) “Beneficiary” means a signatory to a contract for a project in excess of $1million funded in whole or in part with funds which, in accordance with a federal grant orotherwise, the District of Columbia government administers, and in which the District ofColumbia is a signatory to any agreement of a contractual nature.

“(2) “Information technology work” means the occupations of computerprogrammer, programmer analyst, desktop specialist, technical support specialist, data basespecialist, network support specialist, and any other related occupation as the District ofColumbia Apprenticeship Council may designate by regulation.".

Sec. 3. Section 4(f) of the First Source Employment Agreement Act of 1984, effectiveJune 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.03(f)), is amended to read asfollows:

"(f) Nonprofit organizations with 50 employees or less shall be exempt from subsection(e) of this section.”.

Sec. 4. Fiscal impact statement.The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,approved December 24, 1973 (84 Stat. 813; D.C. Official Code § 1-206.02 (c)(3)).

Sec. 5. Effective date.This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of Congressional review asprovided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

Amend§ 2-219.03

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ENROLLED ORIGINAL

4Codification District of Columbia Official Code, 2001 Edition West Group Publisher, 1-800-328-9378.

24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02 (c)(1)), and publication in the District ofColumbia Register.

ChairmanCouncil of the District of Columbia

MayorDistrict of Columbia

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Section 3 Clause All Section 3 covered contracts must include the following clause in its entirety: A. The work to be performed under this contract is subject to the requirements of Section 3 of

the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted project covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD’s regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment practices can see the notice. The notice shall described the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulation of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor’s obligations under 24 CFR part 135.

F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD-assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).1

1 This paragraph (G) is not applicable to the HOME Program; nonetheless, the regulations require that the Section 3 clause be included verbatim in all contracts subject to the requirements of Section 3.

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SECTION 3 OPPORTUNITIES PLAN & PROGRAM CERTIFICATION 2014 1

SECTION 3 OPPORTUNITIES PLAN

Section A. Project Information

Section B. Plan Goals: I intend to comply with the requirements of Section 3 of the Housing and Urban Development Act Of 1968

A. The Recipient or Contractor has committed to employ or train low-income District of Columbia residents in order to comply with its Section 3 requirements. Click here to enter text. (30% or more) of its new hires during the term of the contract will be Section 3 residents. The Recipient or Contractor affirms that the jobs identified by staff or contractor shall be for meaningful employment contract related to the project. And

B. The Recipient or Contractor has identified certified Section 3 resident owned business(es) to comply with Section 3 requirements covered under the contract. Recipient or Contractor agrees to contract $ Click here to enter text. (10% of housing and building trades work) and $Click here to enter text. (3% of all other contracts) of work to be let to Section 3 Business Concerns. The Recipient or General Contractor must notify DHCD of the opening of the bidding process in connection with this project. DHCD must be notified 14 days prior to the start and receive documentation of the solicitation of certified Section 3 Business Concerns. ______________________________________________________________________ Other Recipient or Contractor obligations:

• Include the ‘Section 3 clause’ in all its contracts in connection with work to be performed in Section 3 covered contracts.

• Require all subcontractors with contracts over $100,000 to submit a Section 3 Opportunities Plan

• Complete quarterly reporting (if applicable) • Documenting efforts and activities used to fulfill Section 3 goals

Project Name: Click here to enter text. Business Name: Click here to enter text.

Grant/Contract/Loan Amount: Click here to enter text.

Date: Click here to enter a date.

Total Development Costs: Click here to enter text.

Principal Contact Name: Click here to enter text. Principal Contact Telephone: Click here to enter text.

This is a plan for a: Choose an item.

Certified Section 3 Business Concern: Choose an item.

Department of Housing and Community Development

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SECTION 3 OPPORTUNITIES PLAN & PROGRAM CERTIFICATION 2014 2

Section C. Action Plan Please list in the box below a description of the methods to be used to achieve your Section 3 goals. This narrative must include your (1) plan for hiring Section 3 Residents and (2) plan for contracting with Section 3 Business Concerns and the date you intend to start your plan. The Recipient or Contractor hereby agrees to comply with all the provisions of Section 3 as set forth in 24 CFR 135.1 et seq. and DHCD resolutions implementing Section 3 requirements. The Contractor/Developer commits to conduct aggressive outreach and notification to potential Section 3 Residents and Section 3 Business Concerns of hiring opportunities and contracting opportunities. The failure to make bona fide attempts to comply with the above-approved plan may be deemed a compliance violation. ______________________________________________ __________________ Recipient/Developer’s Signature Date: ______________________________________________ __________________ General Contractor/Subcontractor Signature Date

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SECTION 3 OPPORTUNITIES PLAN & PROGRAM CERTIFICATION 2014 3

INSTRUCTIONS FOR SECTION 3 OPPORTUNITIES PLAN

(Do not return to DHCD) The purpose of this plan is to ensure jobs and economic opportunities generated by DHCD and HUD financial assistance for housing and community development programs are directed to low and very low income persons, and to business concerns which provide economic opportunities to low and very low income persons. This plan is to be completed for all DHCD projects over $200,000, and contracts or subcontracts over $100,000 awarded from these projects. Subcontracts and contracts also include service and professional contracts. If a recipient (in particular subcontractors) is unable to satisfy Section 3 goals, they must state so in the narrative portion of the plan. I. In Section A, enter (type or write) information requested in the text boxes. II. In Section B enter a check in the corresponding boxes. For Goal A, you must enter the

numerical amount of new hires or trainees you will commit to hire at least thirty percent (or at least one person) or more of the aggregate new hires to be employed. If training is chosen evidence that the program is approved by the US Department of Labor or DC Office of Apprenticeship and Training may be required. Please use the attached Section 3 Resident Worksheet to determine applicant eligibility for Section 3 for each new hire or trainee. For Goal B, contracting, you must enter the dollar amount you will be contracting to Section 3 business concerns and the total contract amount into the form in the corresponding text boxes. If you will be subcontracting multiple contracts to Section 3 business concerns you must indicate this in the narrative in Section C (action plan), and list the number of contracts and dollar amounts. If there will not be hiring or contracting in connection with the contract awarded please provided an explanation in the narrative.

III. In the Action Plan in Section C, you must write a narrative describing how you will achieve your Section 3 goals. Attached to this plan is a list of Best Practices to assist you with developing your plan and suggestions for helping you draft your narrative. You may also consult the appendix to the Code of Federal Regulations at 24 C.F.R. 135 for other examples.

IV. Quarterly reports are required to be submitted by recipients. Contractors and subcontractors may be asked to do so as well by recipients. This is done using the forms supplied by DHCD which will list all subcontracts and positions filled during the project. For each new Section 3 hire a Section 3 Resident Worksheet must be completed.

V. Sign and date the plan and submit to:

Section 3 Coordinator D.C. Department of Housing & Community Development Office of Program Monitoring, Fair Housing Division 1800 Martin Luther King, Jr. Ave., SE Washington, DC 20020

VI. Recipients: No later than 30 days prior to the start of the plan a notice

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SECTION 3 OPPORTUNITIES PLAN & PROGRAM CERTIFICATION 2014 4

(Notice to implement) must be submitted (email or telephone) to DHCD of your intent to begin activities.

SECTION 3 BEST PRACTICES (Do not return to DHCD)

1. Advertisement of opportunities in general circulation media, Section 3 targeted median and minority and women focused media; YouthBuild programs, to provide disadvantaged youth opportunities for employment, education, leadership development, and training.

2. Directing written solicitations to Section 3 Residents and Section 3 Business Concerns

for specific contracting opportunities whenever possible;

3. Identifying portions of work where Section 3 Residents or Section 3 Business Concerns are likely to be successful;

4. Providing specific reasons for non-utilization of unsuccessful Section 3 Residents or

Section 3 Business Concerns;

5. Establishing programs to assist Section 3 Residents or Section 3 Business Concerns to meet insurance, bonding and other contracting requirements;

6. Employing joint venture agreements whenever feasible;

7. Erection of signage at project sites soliciting Section 3 Residents and Section 3

Business Concerns;

8. Maintain records(including copies of correspondence, memoranda) that document the process and steps followed to encourage utilization of Section 3 job training, employment, contracting and economic opportunities by Section 3 Residents and Section 3 Business Concerns;

9. Inclusion of Section 3 Plans of the Recipient and its Contractors and Subcontractors in

bid documents or other contract solicitations;

10. Contact resident councils and community organizations in the housing development or developments where Section 3 residents reside to request assistance in notifying residents of the employment and training positions to be filled.

11. Entering contracts on a negotiated rather than a bid basis whenever possible.

12. Maintain assistance to the Chamber of Commerce Small Business Service Center to

assist Section 3 businesses with the development of a business profile and other administrative activities.

13. When feasible, holding job information meetings and workshops and to assist Section 3

residents in completing applications. Arranging to conduct interviews in the housing development or developments or the neighborhood service area of a project

14. Appoint or recruit an executive official of the company or agency as Equal Opportunity

Officer to coordinate the implementation of Section 3 activities.

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SECTION 3 OPPORTUNITIES PLAN & PROGRAM CERTIFICATION 2014 5

NARRATIVE SUGGESTIONS

(Do not return to DHCD)

The narrative in the Action Plan, Section C should have detailed information; it should address who, what, when, where and how. Below are some questions and suggestions to develop the plan in your narrative. HIRING SUGGESTIONS:

• Follow the hiring priorities • Attend community meetings in the project development area. • Host a job fair in the community. • Post notices in the community of the jobs available. • Require the minimum job qualifications for job descriptions.

QUESTIONS: When do you anticipate hiring? What publications will you advertise the Section 3 jobs in (outside of DOES system)? (List the publications) When will this occur? If you hold a job fair, when do you anticipate having it and where will it be hosted? How will you market the job fair? What community organizations will you contact to notify them of the Section 3 jobs in? (List the names of groups) CONTRACTING SUGGESTIONS:

• Follow the contracting priorities • Coordinate pre-bid meetings with local subcontractors in the project area. • Contact community organizations in the project area regarding the Section 3 contracting

opportunity. • Require the GC to submit a Section 3 Opportunities Plan once selected. • Advertise contracting opportunities in local community publications • Require subcontractors that you regularly work with to become certified Section 3

Business Concerns. QUESTIONS: When will the general contractor (GC) anticipate putting the work out to bid? What marketing or outreach will the developer or the GC engage in with businesses that might qualify or are certified Section 3 Business Concerns? (Describe) Explain and discuss the break out of the Section 3 contracting: how much will go to housing and building trades work and how much will go to other types of contracts? What will the developer do to ensure that the GC is meeting Section 3 (once a GC has been identified)? ALL PROJECTS:

• Indentify a point of contact for Section 3 for each plan or subcontract or require the GC to identify a Section 3 contact.

• No later than 30 days prior to the start of your Section 3 plan you must submit a notice to DHCD of your intent to begin activities pursuant to your plan.

• Any subcontract over $100,000 in a Section 3 covered project, requires a Section 3 Opportunities plan.

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SECTION 3 OPPORTUNITIES PLAN & PROGRAM CERTIFICATION 2014 6

SECTION 3 PREFERENCE & PRIORITY

When hiring or contracting fulfill Section 3 obligations DHCD requires the priority listed below to be used. Recipients, contractors and subcontractors are required to follow the order of priority listed below as referenced in 24 CFR §135.32, in the consideration of Section 3 opportunities: Employment & Training Preference Order of Priority Category 1 : Residents of or in the area of the DHCD

funded project developments who meet the low and very-low income limits.

Category 2 : Public housing residents of developments managed by the DC Housing Authority.

Category 3 : HUD YouthBuild program participants-for projects carried out in the project boundary area.

Category 4 : Other Section 3 residents * If the project receives assistance under the Stewart B. McKinney Homeless Assistance Act, homeless persons residing in the service area or neighborhood in which the section 3 project is located shall be given the highest priority.

Contracting Preference Order of Priority Category 1 : Business concerns that are 51 percent of

more owned by residents of the development or whose full-time, permanent workforce includes 30 percent of these persons as employees for a business located in the immediate area where the construction work is performed.

Category 2 : HUD YouthBuild programs being carried out in the District of Columbia in which Section 3 covered assistance is expended.

Category 3 : Business concerns that are 51 percent or more owned by a Section 3 resident(s), or whose permanent, full-time workforce includes no less than 30 percent Section 3 residents; or that subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 business concerns.

Please use the Section 3 Resident Worksheet to document all Section 3 hires.

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Section 3 Report Form InstructionsThis file includes several Excel worksheets that make up the Section 3 compliance forms for DHCD funded projects. Please use these forms to completeyour Section 3 Quarterly Reports and Final Report.It is a good idea to keep an unaltered copy of this file as a back up on your computer or on a disk in case you need to reference the original file in thefuture.You are required to submit to DHCD quarterly reports, and a final report. When submitting this information, please indicate on the top of the "Quarterly& Final Narrative Report" worksheet which report you are submitting by selecting from the drop down menu one of the options provided.

This form will be completed by funding recipients (developers) who have received an excess of $200,000.00 for activities directly related to housingrehabilitation, housing construction, or other public construction and subcontracts in excess of $100,000 in connection with Section-3-covered activity.

The information in this report is used by DHCD to monitor and evaluate Section 3 activities against the total program activity and the recipients Section 3goals. DHCD requires the information, to provide guidance and oversight for compliance of Section 3 as mandated by HUD. If the information is notprovided, DHCD may withhold project/grant funds and or administer other sanctions.

How to complete this form:Recipients and their General Contractors complete all the worksheets. They may do a combined report or do separate reports. The actual recipient ofDHCD funds at a minimum must complete a report or sign-off on a combined report. Please refer to the quarterly reporting schedule for submissiontimes.Contractors and Subcontractors may be asked by general contractors or recipients to complete this report. You should complete most of the forms. Ifyou are self-performing work then completion of the “Contracts Report” and “Contracts Summary” may not be necessary. Please consult DHCD if youneed assistance.If you are having technical issues you may submit additional information or documents by attaching them to this report.

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“Quarterly & Final Narrative Report”Header InstructionsAt the top of this worksheet is a header. You are to fill in this information one time and it will be populated on every worksheet.Report Type- there is a drop down menu, select Quarterly or FinalOrganization Name: Type in the name of the organization completing the reportLocation: Type in the physical address of the DHCD Section 3 covered projectContact Name & Phone Number: Self-explanatoryReporting Period: Reports are submitted on the fiscal calendar schedule; see the Section 3 reporting schedule for dates.Program Code: This is the type of the DHCD funds the recipient is receiving. Refer to the list below these instructions.Date Submitted: Self-explanatoryContract Amount: Recipients, type in the total amount of DHCD assistance received. General Contractors, contractors and subcontractors enter yourindividual contract amount.Narrative Instructions 1. Describe what efforts you and your contractors or subcontractors will use to meet the goals you have established. Please be as specific as possibleabout what you will do and when you will take each action.This is your opportunity to state the activities you will engage in to reach your Section 3 goals as stated in your Section 3 Opportunities Plan. This shouldbe consist with your plan but may change as you engage in those activities.2. Please provide a narrative relevant to your Section 3 efforts during the project. In your narrative, please explain any unexpected results. If you werenot able to meet your Section 3 contract or employment goals, explain why you were not able to do so.This is your opportunity to discuss any obstacles or successes you may have encountered. This section must be completed to assist in the determinationof your compliance with Section 3. If this is your final report and you were unable to meet your goals you must state why you were not able to meetthem and provide supporting documentation if necessary.

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Employees ReportPlease input the information requested (below) in each field for each new hire working on the project. New hires may include re-hiring previouslyemployed persons.Position Title: self explanatoryName of Person: self explanatoryNew Hire: self explanatorySection 3 Resident Hired: (see definition below)DC Resident: self explanatorySection 3 Resident Worksheet Completed: self explanatoryDate Filled: self explanatoryHours worked during report period: self explanatoryIf necessary please reprint this page to document more employees if necessary.Contracts SummaryThis sheet allows you to see if you are meeting your construction and non-construction goals.Construction Goal:In the “Goal” column input the total dollar amount of all construction contracts to be awarded (a). Then input in the cell below the total dollar amount ofconstruction contracts to be awarded to Section 3 Business Concerns (b). Then input the goal percentage for the award of construction contracts toSection 3 Business Concerns (c) and then in the cell below the total number of contracts awarded (d).In the “Actual” column input the actual amounts for information requested as in the goal column. By doing so cell (c) will automatically calculate thepercentage of contracts awarded to Section 3 Business Concerns.Non-construction goal:Follow the instructions for the Construction Goal above for non-construction contracts.

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Contracts Report Please input the information requested for each contractor on the project received over $100,000:Amount of Contract: Self ExplanatoryDate of Contract: Self ExplanatorySection 3 Clause Included? (Y/N): Self Explanatory, if you need a copy contact DHCD.

Type of Trade Code (see bottom of worksheet

Prime Contractor (Y/N), Sub-contractor (Y/N): Self Explanatory

Sec. 3 Business Concern (Y/N): Any business holding itself out a section 3 Business Concern

Section 3 Certification Submitted (Y/N): Self Explanatory, if you need a copy contact DHCD.

Section 3 Opportunities Plan Submitted (Y/N): Self Explanatory, if you need a copy contact DHCD.

DefinitionsSection 3 Resident: A public housing resident, or An individual who resides in metropolitan area or nonmentropolitan county in which the Section 3covered assistance is expended and who is a low-income person (individual's household income does not exceed 80% of the median family income forthat area according to HUD, adjusted by household size).Section 3 Business Concern or Section 3 Business is a business that is :*51% or more owned by Section 3 residents, or*a business that employs permanent, full-time employees, at least 30% of whom are currently Section 3 Residents, or within three years of the date offirst employment with the business concern were Section 3 residents, or*a business that commits to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet thequalifications set forth in paragraphs (1) or (2) of this definition.

Recommended Steps for Completing the Section 3 Requirements1. Meet with your contractor to discuss Section 3 requirements. Key points to discuss are:a. What is a Section 3 business, and a Section 3 resident (employee or person).b. Section 3 contract goals (minimum of 10% for construction contracts, 3% for other contracts)c. Section 3 employment goals (minimum of 30%* of all new hires)d. Identify employees or positions expected to work on the project and which of these will be Section 3 employees.e. Section 3 Clause - it must be included in all contracts, subcontracts and bid documents.

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f. Section 3 Clause - read it, and understand what it requires.g. Reports - contractor will be responsible for filing reports to you, including the "Employees" report and the "Contracts" report. Provide reports andSection 3 Resident Worksheets to contractor as appropriate.h. How will the contractor make Section 3 residents and Section 3 businesses aware of opportunities related to this project. i. Make sure that for persons and businesses claiming Section 3 status, submit Section 3 Resident Worksheets and that businesses are certified.

2. Identify what efforts you will take to solicit involvement by Section 3 businesses, and Section 3 residents in your Section 3 Oppurtunities Plan. Youmay read the Section 3 clause and the "Best Practices" page of the Section 3 Oppurtunities Plan for some ideas. 3. Fill out the goals column of the Contracts Summary Page4. Fill out the Employees Report through column 8e. If any employees have already been hired, the entire line should be filled.5. Fill out the Contracts Report including any contracts that have been executed to date for this project. 6. Make sure all forms are signed and dated by the appropriate certifying officer or individual. 7. Submit the Quarterly Narratives and Certifications, Contracts Report, Contracts Summary Report, and Employees Report to DHCD. 8. Copies of your bid documents, including the Section 3 clause, may be requested.

During Construction:a. Have your contractors fill out the Employees (list all new hires) and Contracts reports.b. Make sure that for persons and businesses claiming Section 3 status, submit Section 3 Resident Worksheets and that businesses are certified.c. Include the Section 3 clause in all contracts and bids.d. Document efforts undertaken as proposed in the Section 3 Oppurtunities Plan in the your quarterly report. e. Submit the Quarterly Narrative, Employees, and Contracts Reports, as required, to DHCD within 15 days of the end of each quarter.f. Obtain Section 3 Program Certifications & Opportunities Plans from Section 3 business concerns working on the project within 15 days.g. Make sure all forms are signed and dated by the appropriate certifying officer or individual. Close-outa. Make copies of all reports and Section 3 certifications.b. Make sure all forms are signed and dated by the appropriate certifying officer or individual. c. Submit a copy of Section 3 certifications and reports, and the Final Narrative, Employees, Contracts and Contracts Summary Report to DHCD within 10days of completion.

d. Copies of your bid documents, including the Section 3 clause, may be requested. Employment & Training Preference Order of Priority

Category 1 : Residents of or in the area of the DHCD funded project developments who meet the low and very-low income limits.

Category 2 :Public housing residents of developments managed by the DC Housing Authority.Category 3 :HUD Youthbuild program participants-for projects carried out in the project boundary area. Category 4 :Other Section 3 residents

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* If the project receives assistance under the Stewart B. McKinney Homeless Assistance Act, homeless persons residing in the service areaor neighborhood in which the section 3 project is located shall be given the highest priority.

Contracting Preference Order of PriorityCategory 1 :Business concerns that are 51 percent of more owned by residents of the development or whose full-time, permanent workforceincludes 30 percent of these persons as employees for a business located in the immediate area where the construction work is performed.

Category 2 :HUD Youthbuild programs being carried out in the District of Columbia in which Section 3 covered assistance is expended.

Category 3 :Business concerns that are 51 percent or more owned by a Section 3 resident(s), or whose permanent, full-time workforceincludes no less than 30 percent Section 3 residents; or that subcontract in excess of 25 percent of the total amount of subcontracts toSection 3 business concerns.

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Narrative ReportReport Type: Quarterly Project Name: sample1. Organization Name: test 4. Reporting Period: 12/12/2012 to 12/12/20122. Location: 5. Funding Source:3.a. Contact Name: 6. Date Submitted:3.b. Contact Phone Number: 7. Contract Amount:

1. Describe what efforts you and your subcontractors will use to meet the goals you have established. Please be as specific as possible about what youwill do and when you will take each action.

2. Please provide a narrative relevant to your Section 3 efforts during this project. In your narrative, please explain any unexpected results. If youwere not able to meet your Section 3 contract or employment goals, explain why you were not able to do so.

This information is true and correct to the best of my knowledge.Certified this ______ day of __________________ by ___________________________________

(date) (signature)

Name and Title of certifying officer:

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Outreach QuestionnaireReport Type: Quarterly Project Name: sample1. Organization Name: test 4. Reporting Period: 12/12/2012 to 12/12/20122. Location: 0 5. Funding Source: 03.a. Contact Name: 0 6. Date Submitted: 12/31/18993.b. Contact Phone Number: 0 7. Contract Amount: 0.00

Employment & Training Outreach-If this activity did not occur it must be explained on the narrative worksheet.1. Did you or your contractors hire during the last quarter? a. If you hired someone, did you make attempts to hire someone from the area where the project is located?b. if you hired someone, did you contact DCHA for eligible candidates?c. If you hired someone, did you contact a DC YouthBuild for eligible candidates? yes2. Did you or your contractors or subcontractors train Section 3 residents? If not this should be in the narrative. yesa. If Section 3 residents were trained on this project, how were they selected?b. Was a YouthBuild group contacted for training oppurtunities?3. What persons/groups were contacted for the employment & training outreach? State below including name and groupaffiliation.

Contracting Outreach-If this activity did not occur it must be explained on the narrative worksheet.

1. Were Section 3 Business Concerns in the vicinty of the project contacted? 2. Were YouthBuild groups contacted for contracting oppurtunities?3. What persons/groups were contacted for the contracting outreach? Include name and group affiliation.

4. What activies were engaged in for the contracting outreach? State below.

This information is true and correct to the best of my knowledge.Certified this ______ day of __________________ by ___________________________________

(date) (signature)

Name and Title of certifying officer: 0

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Employees ReportReport Type: Quarterly Project Name: sample1. Organization Name: test 4. Reporting Period: 12/12/2012 to 12/12/20122. Location: 0 5. Funding Source: 03.a. Contact Name: 0 6. Date Submitted: 12/31/18993.b. Contact Phone Number: 0 7. Contract Amount: $0.00

Position Description Name of PersonNew Hire or

Re-hire?

DC Section 3ResidentHired?

DC MetroResident?

Section 3Resident

WorksheetCompleted? Date Filled

Hours workedduring report

period

This information is true and correct to the best of my knowledge.Certified this ______ day of __________________ by ___________________________________

(date) (signature)

Name and Title of certifying officer: 0

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Contracts SummaryReport Type:Quarterly Project Name: sample1. Organization Name: test 4. Reporting Period: 12/12/2012 to 12/12/20122. Location: 0 5. Funding Source: 03.a. Contact Name: 0 6. Date Submitted: 12/31/18993.b. Contact Phone Number: 0 7. Contract Amount: 0.00

Contracts Awarded1. Construction Contracts Goal ActualA. Total Dollar Amount of All Contracts Awarded on Project:

B. Total dollar amount of contracts awarded to Section 3 businesses:

C. Percentage of the total dollar amount awarded to Section 3 Businesses (10% min): % #DIV/0! %D. Total number of Section 3 businesses receiving contracts:

2. Non-Construction Contracts Goal ActualA. Total Dollar Amount of All Contracts Awarded on Project:

B. Total dollar amount of contracts awarded to Section 3 businesses:

C. Percentage of the total dollar amount awarded to Section 3 Businesses (3% min): % #DIV/0! %D. Total number of Section 3 businesses receiving contracts:

This information is true and correct to the best of my knowledge.Certified this ______ day of __________________ by ___________________________________

(date) (signature)

Name and Title of certifying officer: 0

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Contracts Report-Page 1Report Type: Quarterly Project Name: sample1. Organization Name: test 4. Reporting Period: 12/12/2012 to 12/12/20122. Location: 0 5. Funding Source 03.a. Contact Name: 0 6. Date Submitted: 12/31/18993.b. Contact Phone Number: 0 7. Contract Amount: $0.00

Amount of Contract Date of ContractSection 3 ClauseIncluded? (Y/N)

Sub-contractor(Y/N) CBE (Y/N)

Sec. 3Business

Concern (Y/N)

Section 3CertificationSubmitted

(Y/N)

Section 3Oppurtunities

Plan Submitted(Y/N)

Contractor/Subcontractor Name andTelephone

$0.00 Total Contracts Awarded This quarterThis information is true and correct to the best of my knowledge.Certified this ______ day of __________________ by ___________________________________

(date)

Name and Title of certifying officer: 0

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Contracts Report-Page 2Report Type: Quarterly Project Name: sample1. Organization Name: test 4. Reporting Period: 12/12/2012 to 12/12/20122. Location: 0 5. Program Code: 03.a. Contact Name: 0 6. Date Submitted: 12/31/18993.b. Contact Phone Number: 0 7. Contract Amount: $0.00

Amount of Contract Date of ContractSection 3 ClauseIncluded? (Y/N)

Sub-contractor(Y/N) CBE (Y/N)

Sec. 3 BusinessConcern (Y/N)

Section 3Certification

Submitted (Y/N)

Section 3Oppurtunities Plan

Submitted (Y/N)Contractor/Subcontractor Name and

Telephone

$0.00 Total Contracts Awarded This quarterThis information is true and correct to the best of my knowledge.Certified this ______ day of __________________ by ___________________________________

(date)

Name and Title of certifying officer: 0

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