Miss. Code. tit. 28, pt. 309, MSPA Section 3 Employment & Contracting Goals
The MSPA has set minimum numerical goals for the Project to ensure that, to the greatest extent feasible, economic opportunities are provided to Section 3 residents and Section 3 business concerns. The Port Authority's current minimum Section 3 goals are as follows:
* Employment: Thirty percent (30%) of the aggregate number of new hires during each year of the project;
* Contracting: (a) At least ten percent (10%) of the total dollar amount of all Section 3 covered contracts for public construction, and (b) At least three percent (3%) of the total dollar amount of all other covered Section 3 contracts to eligible Section 3 business concerns.
The goals established by this section apply to the entire amount of Section 3 covered assistance under the Project. The Port Authority will further ensure that, to the greatest extent feasible, its Contractors and/or Subcontractors provide training, employment and contracting opportunities to Section 3 residents and Section 3 business concerns. The Compliance Officer will be responsible for reviewing the new hire clause with Contractors and Subcontractors to ensure that the requirement is understood. It is not intended for contractors and subcontractors to terminate existing employees, but to make every effort feasible to employ Section 3 program participants before any other person, when hiring additional employees needed to complete proposed work to be performed with HUD funds.
Contractors:
* Shall incorporate the Section 3 Clause (Appendix A) in their contracts and subcontracts.
* Shall submit a Section 3 Project Plan (substantially in the form set forth in Appendix B), Section 3 Hiring Plan (substantially in the form set forth in Appendix C) and Section 3 Subcontracting Plan (substantially in the form set forth in Appendix D), if applicable, with their proposals detailing the estimate of the number of employment and/or subcontracting opportunities to be generated by the initial contract, for approval in accordance with the MSPA's Section 3 Plan and shall incorporate and implement such plans in connection with their contracted activities. The Contractors' plans must be reflective of the MSPA's Section 3 goals.
* Shall document and report all efforts made toward the implementation and achievement of goals contained with their approved Section 3 Project Plan and Section 3 Hiring Plan, including detailed narratives of all interviewing, hiring and training activities. Contractors shall maintain records documenting such activities to be made available for monitoring and compliance reviews.
* Shall along with supporting documentation submit the Section 3 Business Certification (substantially in the form set forth in Appendix E) in connection with the retention or certification of any Section 3 business concerns.
* Shall, as applicable, submit the Section 3 Resident Certification (substantially in the form set forth in Appendix F) along with supporting documentation in connection with the interviewing, training or hiring of any Section 3 resident. Copies of all supporting documentation shall be maintained by contractors and available for monitoring and compliance reviews.
* Shall, on a monthly basis, timely submit to the MSPA all required Section 3 Reports, including the Section 3 Status Report Hiring/Subcontracting Activity form (substantially in the form set forth in Appendix G) to MSPA and the Section 3 Project Summary Report (substantially in the form set forth in Appendix H).
* Shall, if applicable, demonstrate and document to the satisfaction of the Compliance Officer why meeting the Section 3 numerical goals was not feasible for Contractor or its Subcontractor(s).
* Shall report their employment opportunities to the Compliance Officer or its designee. Contractors shall post all employment opportunities with the MS WIN Job Center and shall review the MS WIN Job Center job-seeker postings provided prior to filling any position for the Project.
* Shall perform such other Section 3 compliance activities as may be reasonably requested by the Port Authority.
Subcontractors
* Shall incorporate the Section 3 Clause in their contracts and subcontracts.
* Shall submit a Section 3 Hiring Plan and Section 3 Subcontracting Plan along with supporting documentation to their respective Contractors for submission to and approval of the MSPA. Subcontractors shall incorporate and implement such plans in connection with their contracted activities. The Subcontractor's plans must be reflective of the MSPA's Section 3 goals.
* Shall document and report all efforts made toward the implementation and achievement of goals contained within their approved Section 3 Hiring Plan and Section 3 Subcontracting Plan, including detailed narratives of all interviewing, hiring and training activities. Subcontractors shall maintain records documenting such activities to be made available for monitoring and compliance reviews.
* Shall, as applicable, submit the Section 3 Business Certification in connection with the retention or contracting of any Section 3 business concern and the Section 3 Resident Certification along with supporting documentation in connection with the interviewing, training or hiring of any Section 3 resident. All supporting documentation shall be maintained and available for monitoring and compliance reviews.
* Shall, on a monthly basis, timely submit to the Contractor for submission to the MSPA, all required Section 3 Reporting Forms, including, but not necessarily limited to, the Section 3 Status Report Hiring/Subcontracting Activity form.
* Shall report their employment opportunities to the Compliance or its designee. Subcontractors shall post all employment opportunities with the MS WIN Job Center and shall review the MS WIN Job Center job-seeker postings provided prior to filling any position for the Project.
* Shall perform such other Section 3 compliance activities as may be reasonably requested by the Port Authority.
Port Authority
The Port Authority recognizes that the ultimate responsibility for compliance with the Port Authority's Section 3 Plan rests with the Port Authority, including, but not limited to responsibility for any tasks which are performed by a designee of the Port Authority, the Compliance Officer or both. In recognition thereof, the Port Authority will: " Establish and maintain the roles of the Compliance Officer, or its designee, who shall have primary responsibility for assuring that the Section 3 implementation procedures are consistently carried out.
* Incorporate the Section 3 Clause and Section 3 Forms in all solicitations and bidding documents.
* Require the submission of Section 3 Plans for review and approval by the Compliance Officer prior to the commitment by the Port Authority of any funding to Section 3 Covered Projects.
* Conduct meetings with Contractors to discuss the review of Section 3 Plans and Forms of the Contractors and their Subcontractors.
* Require approved Section 3 Plans and Forms to become a part of the set of contractual documents.
* Require Contractor's and Subcontractor's submission of a periodic Section 3 Reports for review prior to award for compliance.
* Regularly conduct compliance monitoring of all contracts which embody Section 3 plans. The Port Authority shall, no less than two (2) times per year, review with Contractors to perform a comprehensive analysis of compliance by each Contractor.
* Regularly conduct compliance monitoring of all supporting documentation for data submitted by Contractors and Subcontractors.
* Hold workshops, as necessary, on the Port Authority's Section 3 Program.
* Prepare and submit reports to MDA and HUD (as set forth below) on the Section 3 Program results. All supporting documentation will be maintained by the Port Authority for compliance and monitoring reviews.
* The Compliance Officer or its designee will work with the Mississippi Department of Employment Security to provide the Contractors and Subcontractors with a list of qualified job seekers.
* Shall perform or establish any such other activities or policies which the Port Authority deems prudent or necessary in order to achieve the successful implementation the Port Authority's Section 3 goals.
Miss. Code. tit. 28, pt. 309, MSPA Section 3 Employment & Contracting Goals