Compliance and Monitoring

Davis-Bacon and Related Acts • Environmental Review Procedures • Long-Term Monitoring • Section 3 • MWSBE  • Quarterly Reporting • Acquisitions, Demolitions, Rehabilitations, Conversions

Davis-Bacon and Related Acts (DBRA)

Overview

The Davis-Bacon and Related Acts (DBRA), named for its sponsors, Senator Davis of Pennsylvania and Representative Bacon of New York. DBRA applies to every contracts, competitively bid or negotiated of $2,000 and more for every contract competitively bid or negotiated in excess of $2,000 to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works. Therefore, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area as determined by the U.S Department of Labor. DBRA prevailing wage provisions apply to the "Related Acts," under which federal agencies assist construction projects through grants, loans, loan guarantees, and insurance.

In addition, for prime contracts in excess of $100,000, contractors and subcontractors must also, under the provisions of the Contract Work Hours and Safety Standards Act, as amended, pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. The overtime provisions of the Fair Labor Standards Act may also apply to DBA-covered contracts. For more information, see 40 USC § 276a and 29 CFR Parts 1, 3, 5, 6, & 7.

Forms

Resources

Helpful Web Pages Links
HUD Labor Relations https://portal.hud.gov/hudportal/HUD?src=/programdescription/olrdbe
Department of Labor - Wage & Hours - DBRA https://www.dol.gov/whd/contracts/dbra.htm
Department of Labor - Office of Apprenticeship https://www.doleta.gov/oa/
City of Hialeah Resources for Business Opportunities https://www.hialeahfl.gov/35/Doing-Business
System for Award Management (SAM) https://www.sam.gov/
Document Links Source Index
Federal Labor Standards Provisions (HUD 4010) https://www.hud.gov/sites/documents/UPDATED4010.PDF
Payroll (WH-347) & Instructions https://www.dol.gov/whd/contracts/dbra.htm
Employee Rights Poster - English and Spanish (WH-1321) https://www.dol.gov/whd/programs/dbra/wh1321.htm
Making Davis-Bacon Work: A Contractor's Guide https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/guidebooks/4812LR

Penalties / Sanctions

Contractors or subcontractors found to have disregarded their obligations to employees or to have committed aggravated or willful violations while performing work on Davis-Bacon covered projects may be subject to contract termination and debarment from future contracts for up to three years. In addition, contract payments may be withheld in sufficient amounts to satisfy liabilities for unpaid wages and liquidated damages that result from overtime violations of the Contract Work Hours and Safety Standards Act (CWHSSA). Falsification of certified payroll records or the solicited kickback of wages may subject a contractor or subcontractor to civil or criminal prosecution, the penalty for which may be fines and/or imprisonment.

Compliance Assistance Available

The GHS is available to provide technical assistance to employers, workers, and others to ensure their clear understanding of the DBRA requirements. For additional information, please contact the GHS office at (305)883-8039.

Environmental Review Procedures

Introduction

The Grants and Human Services Department (GHS) of the City of Hialeah as a responsible entity has assumed the responsibility for environmental review, decision-making, and other actions that would otherwise apply to the U.S. Department of Housing and Urban Development (HUD) under National Environmental Policy Act of 1969 (NEPA), and other provisions of the law that further the purposes of NEPA as specified in Title 24 Part 58.5, by execution of a grant agreement with HUD. It is the City’s goal to carry out these responsibilities to ensure compliance with all federal regulations as outlined in Title 24 Part 58.

The federal statutes set forth three basic goals for the four HUD Community Planning and Development programs. These goals are closely related to the major commitments and priorities of HUD. First, the programs are to provide decent housing; second, a suitable living environment; and, third expand economic opportunities. The second goal clearly establishes concerns of environmental effect as an important consideration in all federal programs.

Purpose of Environmental Review Process

The purpose of these environmental procedures is to ensure that all projects funded with federal funds, including program income, are in compliance with all applicable federal laws and authorities identified in 24 CFR Part 58: Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. Also, the procedures are intended to ensure a suitable living environment, or more specifically, to determine if any significant environmental impact may occur as a result of a proposed project; to release funds to support eligible projects that neither harm nor are harmed by the environment; to safeguard, enhance, and restore the environment; and to foster public participation in the development decision-making process.

Requirements for Environmental Review

All federally funded projects and any other federal grants must receive an environmental review using the criteria and statutory authorities specified in the HUD regulations 24 CFR Part 58 and, for more complex projects, using procedures from NEPA.

Project Review

Under HUD rules, even if federal funds support only a portion of the project, the full project and its impacts must be examined before any funds are obligated or expended. In addition, even if a governmental agency or private independent firm has already conducted some other form of environmental review, the GHS must confirm, determine, and document that the review meets the mandated HUD requirements.

The GHS will conduct the environmental review or otherwise determine and document that the environmental review requirements have been met. If a federally funded activity is an exempt activity under the HUD rules, the GHS must determine that it is exempt, explain why it is exempt, and maintain a record stating that it is exempt.

Environmental Review Record

The GHS must maintain a written record of the environmental review undertaken under this part for each project.  This document will be designated the Environmental Review Record (ERR), and shall be available for public review. For this purpose, the GHS must use the current HUD recommended formats or develop equivalent formats.

The ERR shall contain all the governmental review documents, public notices, and written determinations or environmental findings required by 24 CFR 58 as evidence of review, decision making, and actions pertaining to a particular project of a recipient. As appropriate, the document shall:

  • Describe the project and activities the recipient has determined to be part of the project;
  • Evaluate the effects of the project or the activities of the human environment;
  • Document compliance with applicable status and authorities, in particular those cited in Section 58.5 and 58.6; and
  • Record the written determinations and other review findings required by this part (e.g., exempt and categorically excluded projects determinations, findings of no significant impact)

The ERR shall also contain, as appropriate, verifiable source documents and relevant base data used or cited in Environmental Assessments or other project review documents. These documents may be incorporated by reference into the ERR provided that each source document is identified and available for inspection by interested parties. Proprietary material and special studies prepared for the recipient that are not otherwise generally available for public review shall not be incorporated by reference but shall be included in the ERR.

Long-Term Monitoring of Rental Housing

To ensure affordable housing over long-term, program rules require monitoring of assisted rental housing projects for compliance with various rental requirements that apply during the affordability period (24 CFR 92.252). Our administrators and inspectors conduct onsite monitoring annually to: verify accuracy of rent and occupancy reports and review onsite records, and inspect units to ensure continued compliance with applicable housing standards per 24 CFR 92.504(d).

Long-Term Monitoring Forms:

  • 2019 HOME Rent Limits - Florida
  • 2019 HOME Income Limits - Florida
  • Utility Allowances
  • Affidavit of Unemployment
  • Asset Verification
  • Certification of Zero Income
  • Child Support Affidavit
  • Child Support Verification-CDBG
  • Child Support Verification-HOME
  • Employment Verification
  • Income Contribution
  • Intake Application- CDBG
  • Intake Application- HOME
  • Lease Addendum-Revised
  • Pension Verification
  • Rent Schedule Blank
  • Social Security Benefit Verification
  • Substandard Housing-Complaint Form 2
  • Sworn Assets (Under $5,000)
  • Telephone Verification
  • Tenant Income Certification
  • Tenant Release and Consent
  • Verification of Business Income
  • Veterans Benefit Verification

Section 3 Program

What is Section 3?

Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency  The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. Section 3 is a starting point for people with low- or very-low incomes to obtain job training, employment and contracting opportunities.

Who are Section 3 residents?

Section 3 residents are:

  • Hialeah Housing Authority public housing residents or
  • Persons who live in the City of Hialeah who have a household income that falls below HUD’s area median family income limits.

HUD 2019 Annual Income Limits for Hialeah and Surrounding Areas (Miami-Miami Beach-Kendall, FL HUD Metro FMR Area)

The 2019 Area Median Family Income for Hialeah and Surrounding Areas is $54,900. Verify that owner/employee's income does not exceed the 80% of Area Median Income limit by household size. 

Persons in Household
Extremely Low (30%) Income Limits ($)
Very Low (50%) Income Limits ($)
Low (80%) Income Limits ($)
1
17,800
29,650
47,450
2
20,350
33,900
54,200
3
22,900
38,150
61,000
4
25,750
42,350
67,750
5
30,170
45,750
73,200
6
34,590
49,150
78,600
7
39,010
52,550
84,050
8
43,430
55,950
89,450

Determining Income Levels

  • Low income is defined as 80% or below the area median family income for Houston
  • Very low income is defined as 50% or below the area median family income for Houston

What is a Section 3 business concern?

A business that:

  • Is 51% or more owned by Section 3 residents;
  • Employs Section 3 residents for at least 30% of its full-time, permanent staff; or
  • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25% or more of the dollar amount of the awarded contract.

What programs are covered?

Section 3 applies to HUD-funded Public and Indian Housing assistance for development, operating, and modernization expenditures.

Section 3 also applies to certain HUD-funded GHS projects that complete housing rehabilitation and construction.

The following documents can help you understand Section 3 and the GHS' commitment to Section 3.

General Information

  • Section 3 Federal Regulations
  • Section 3 Frequently Asked Questions (FAQs)
  • Section 3 Brochure – English
  • Section 3 Brochure – Spanish
  • Section 3 Contractors Guide
  • Section 3 Technical Assistance Training for Contractors

Section 3 Complaints

  • How to file a Section 3 complaint

Applications for Certification

  • Section 3 Resident Application

Section 3 Business Concerns Application Checklist

  • Section 3 Business Concerns Application Checklist
  • Section 3 Resident Application Checklist
  • Section 3 Frequently Asked Questions

Section 3 Resident Database

  • Section 3 Resident Directory

If you have any questions about Section 3, please contact the GHS at (305)883-8039.

Minority, Women Owned, Small Business Enterprise Program (MWSBE)

  • MWSBE Technical Assistance Training for Contractors
  • MWSBE Compliance Forms Packet

Quarterly Reporting

The City of Hialeah Department of Grants and Human Services (GHS) is responsible for various quarterly reports required for submission to the U.S. Department of Housing and Urban Development. For inquiries or requests for the City’s quarterly HUD reporting, please contact the GHS at (305)883-8039.

Acquisitions, Demolitions, Rehabilitations, Conversions

The City of Hialeah Department of Grants and Human Services (GHS) is responsible for overseeing the compliance with the Uniform Relocation Assistance Act and Real Property Acquisition Policies of 1970 (URA), as amended. The URA is a federal law that establishes the minimum standards for federally funded programs and projects that temporarily relocate or permanently displace tenants from residential and commercial properties, or farms due to land acquisition, demolition, rehabilitation and conversion. GHS ensures that fair and equitable treatment to temporarily relocated or displaced persons is provided by training and monitoring owners and/or landlords administering federally funded programs or projects. Projects that permanently displace tenants will be required to follow the URA. Projects that temporarily relocate tenants will be required to follow GHS policy for relocation.

Resources

  • City of Hialeah Relocation Policy
  • Definition of URA terms
  • HOME Regulations 24 CFR 92.353
  • Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs 49 CFR Part 24.2
  • URA Definitions 49 CFR 2016 Title 49 Vol. 1 Sec. 24.2
  • Community Development Block Grant (CDBG) 24 CFR 570.606 Displacement, Relocation, Acquisition, and Replacement of Housing
  • General URA Acquisition Process
  • HUD Public Law 91-646
  • URA and 104 (d) Relocation Process-Multifamily Developments
  • URA the HUD Way, Real Property Acquisition Process