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HomeMy WebLinkAbout1989-04-10 89-175 ORDERr' 89-1I5 Aeeip"to COuneyar Tilley, April 10, 1989 CITY OF BANGOR QIR61 (Orbtr, .Authorizin3_mplication for Grant, from the D.S. Department of Transportation -- Bus System ....__....... .. I............ .. ...' _.._ _._. __.. By Be city CbeMl OW GYW Of Deeper. ORDERED, TEAT the Finance Director is hereby authorized and directed, on behalf of the City of Bangor, to take all necessary action, for purposes of applying to the D.S. Department of Transportation for funds for the following capital projects: (1) underground fuel tank ($50,000.00); and (2) three small transit vehicles ($950,000.00); said Federal funds to total $357,000.00/ t 0 R D E R Title, .. PNhaiztrg FgpLssatlm f¢ (gym[ & rte 0 S 4p� ...................................... &T1 m -B ay n mmil PQi1 ]OrESE9 ...................................... 13.189 ' An aw ........ Councilman MAWMI"EN f-v-..Xro I -O..,, I r„ FEDERAL ASSISTANC'- t w's u NwEN R „, a.,,,."," T,- - -� AW'a rzx roe NA 89-175 I. TAPE ',' ❑ ME O, WIEu1 MCIKNAnll " yV0U4mH ❑ MISAPPLICATION wmFIVA u..-- IMI .°,iiwnEo A. ..,..., III ®ARRNw Io» -- 19 ---- RAVI AMsAA1IAM A9 , ECMEW �-1 s OyYENFnCW'A, WN x..vv[ I — m rwr` Amx Nw Lity of Bangor A 64",&D. R9. 73 Harlow StreetMID 4 C Bangor ..Com" Penobscot muN ."agog L�JO_L_"j 7J Lmo Maine 00 c9m 04401 A "'V^''TA,j A,Nu:wRq •'••• Robert Osborne - DATE --- --_-_.._... e+wp... S24ZL34—L-U 3 EXC. 2QL.__.—_._._.- — Grant _n.i'CA.mv:r i AAnaANrs RRCmcn m"..a:,"dmmmmRN.a...,.N..,. 1 __JFormula _ ,mm:eNe •'.Sv W. 3 C E. AaEAarw,weci N:v� r, a:aro.,,e✓°:+m., ..., ' — 7 u,urEom,Xncn iv �z:sssu.�Ery xNsoaseEx<mwc •-•A-Ate,:;,, Greater Bangor Urbanized Area 67,000 - o.. °� ❑y .YK n mcrwrorunowo 7,— ca"cnsmonuomamcnoN: w AA9xenrwv iFnFMI IE �(�gN AAMl¢ANT "ECT Xa —1 N w Ind 2nd STATE A IS 75ITS, seam— ` rwea AM1iW1 e 14 000 12 aCixex ,iN/A—weE ouE ro -- _— A mi19.rennACwENLr. �."'_—A, VY �..�. ^•^V [SLl "500,600 -- - -oNE=i ---- N" rELEMa ACNCI ,o RECEn2 RE --��=i-- _. Ep E.:iI NGTEoa4 - - .a"wmzAiro"u CiR—RE ARE A'rEn:waAiCi--- Lm6e ....____. .c^xNECANCw xuUEER U IT. Region A ApJREA FUMMSAvv!v Cam brid MA 02142 eb vl .i,—awn ':amsroe uXp'i,was A¢AVAn/mF to ixE �AmN'wa�wSA�etE W4X`I ,97 }FEx�rrr:xST Tom OArMW(Wdi< SeAiE � MAIGN, N.4eww11 LEACCEE MA, Ah wmw:n0 IT Te y,,,rv,ro MAr. Mnd VIA ,ppkamuMae ype,m �y O. un CAVIIS ACT Nveavv BY to Ann Ll M„Nit n.'• cx^9n6` 1 LN C4 µ xppi pEEX EEL[C,EI,vY irE fUR NEyiEµ.❑ 3 21 a. TVEE SLUE AND TALE LES ,lav e� Theodore C. Jellison, Finance D1 SANTAMYE W. MAILN-wro w. auC:re:mANcw `. r. — DAN AW IT _ ¢Nro i, ACNM TAME" 28. fUNIM OaAwAP0k0 n.r .,.Aro b STARTING,Y ASTARTINGvN"NA C>aEIEL@0 AT ALN L DA TE 19 .00 RFNRNFOrM .. EELfRLL W],. rN1rALfi_ p,AlMNtR Lwr rn...wA/m Awew"ENr XANnc7:rc — Na"w,..m NtioE.,.,r."n hme OQ REIYrwW iq, DATE Al ala W v0. EI1KAxf'iAO 9. p:a A5A00 C. AEUNNtt 6rAiE _ EiMAwx a t0 a. E. N11 rom ___ s w El CIA SO MAWMI"EN f-v-..Xro I -O..,, I r„ 89-t15 PROJECT BUDGET For the period:" July 1, Ig88 to June 30, 140A - Transit Operator: 'The Bus'. City', of 'Bangor,.Maine Designated Reclplenti'-City of Bangor, Maine- (1) Total Capital Budget (Itemize) Quantity Item Total Cost 1 - UndergroundFuelTank $50,000 3 Small Transit Vehicles $450,000 Total Capital Budget $500,000 (1) )2) Local Share )Itemize) State Urban N/A the Bum" - $ld3,000 -Local Share - - $143,000 (2)- )3). Net Cost Before. Applying UMTA Funds (Line 1 - Line 2) $357,000 (3) (4) UMTA Funds Requested Tier I $357,000 Tier IT N/A Tier III N/A /1 prepared By_y_____ Theodore .C. .1 l i con Flnanco�Dlr ctor, City of �jBvangor Date: la =0.4)11------ STATIPR OF C0:== V LIDITY OF O `h6-TL^6 S IISSIWS The f011o+ing don ents have been sutmitted to IAerA previcusiy, continue to remain valid and accurate, and do not recuire revisions or updating:_ Opinion of C'wnsel Authorieino Resolution Title -t2 cert'fi ti The applicant understands WA agrees that the use Of U A funds aper_ a few this project shall be omsistent with. the Section 9 procedures cstatlished is 191TA 9030.1, pertinent Federal laws, and pertinent Federal rules, regulations and circulars, and that the use of U A funds is subject to audit and review. Such funs shall be returned to 07A if, after a[Ht, it is fauna that they have been used improperly. AmrEiT M WfpaVOr, is any ma r wiNLn the jurisdictim of any daartre Or agewy Of the United Ste -s Imooigly and willfully falsifies or conceals material fact, cr rakes a..y false, fictitiws, or fraudulent stataznts cr representations, or makes or uses any false writing or d=vent k —Ig the sans to contain any false,-ictiticus or fraudulent ststa�ent or saty, shall be flied rpt sure tha-. 510,000 or itorismed not sore than 8 years, cr both, 18 U.S.C. 10001. Signature of DesS Officiar Attorney's Signature Fel45G.1 Oir tc ro/ MM: rJy-, Title of sigrated Official RESOLUTION Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mess Transportation Act Of 1964, as emended. WHEREAS, the Secretary of Transportation is authorized to make grants for masa transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including provision by it of the local share of project costa: WHEREAS, it is required by the U. S. Department of Transportation in accord with provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of a application for assistance under the Urban Masa Transportation Act of 1964. as amended, the applicant give assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity `so compete for contracts when procuring construction Contracts, supplies, equipment contracts, consultant and other services: NOW, THEREFORE, BE IT RESOLVED by the Bangor Area Comprehensive Transportation Study (DAM) Policy Committee, the designated Metropolitan Planning Organization (MM); I. That the Chairman is authorized to execute and file applications and grant contracts, an behalf of the BACTS Policy Committee with the U. S. Department of Transportation, to aid in the financing of Planning, capital, and operating assistance described in the IT 1988 Planning Work Statement and/or TIP for the BACIS area. 2. That the Chairman is authorized to execute and file with such applications an assurance or any other document required by the U. S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964, 3. That David 0. Cole, Chairman, is authorized to furnish such additimul information as the U. S. Department o£ Transportation may require in connection with the application or the project. 4. That the Chairman is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. CERTIFICATE The undersigned duly qualified and acting Director/Coordinator of the MOTS Netropelitan Hanning OtSenisation certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting of the BACTS Policy Committee held on August 25, 1987. (Signature of Recording Officer) Director/Coordinator (Title of Recording Officer November 4, 1987 (Date) T _ 1511n C 9030.1 EXHIBIT I 6/27/83 SECTION 9 CERTIFICATION - Certification is given by the recipient named herein Cicv f Baneor with the respect to its app -`A" iotas as pursuant to section o the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. §1601, at seq.) ("the Act"), filed with the Urban Mass - Transportation Administration (UMTA), as to the following: A. That is has or will have the legal, financial and technical capacity to carry out the proposed program of projects B. That it has or will have satisfactory continuing control, through operation or lease otherwise, over the use of the facilities and equipment, and will maintain such facilities and equipment; C. That it will comply with the provision as prescribed by section 5(m) of the Act. D. That it will give the rate required by section 5(m) of this Act to any person presenting a Medicare card duly issued to that person pursuant to Title 11 or Title XVIII of the Social Security Act - E. In carrying out any procurement under section 9, that it will use competitive procurement processes as defined by UMTA, will not utilize exclusionary or discriminatory specifications in the Procurement, and will carry out the procurement in compliance with applicable Buy America provisions. F. That it has complied with the following requirements of section 9(f) in that it has: a. Made available, to the public, information concerning the amount Of funds available under section 9 and the program of projects that the recipient proposes to undertake with such funds; b. Developed a proposed program of projects concerning activities to be funded in consultation with interested parties, including Private transportation providers; - e. Published a proposed program of projects in such a manner to afford affected citizens, private transportation providers and, as appropriate, local elected officials an opportunity to examine its content and to submit comments on the propsed program of Projects and on the performance of the recipient; d. Afforded an opportunity for a public hearing to obtain the views Of citizens on the proposed program of projects; e. Considered comments and views, particularly those of private transportation providers, and, if deemed appropriate, modified the proposed program of projects; and - f. Made the final progran of projects available to the public. UMTA C 9030.1 Page V-23 6/27/83 G. That it has ava liable and will provide the required amount of funds in accordance with section 9(k)(1) of the Act, and will comply with the requirements of sections 8 and 16 of the Act. H. That it has a locally developed process to 'solicit and consider public corment prior to raising fares or implementing a major reduction of transit service. 1. That the organization(s) to receive benefits directly from the section 9 grant is subject to the uniform system of accounts and records and has Submitted the latest req Vired section 15 report of financial and operating data as prescribed in section 15 of the HMT Act and further defined in UMTA regulations (49 CFR Part 630). The provisions of section 1001 of Title 18, U.S.C., apply to any Certification(ss or submissions under this section. ut ori zed L - a Attorney's Signature l"isle of'F-ze 4"-ne,+ana �{r. hPr:� `/ lidj SECTION 12(c) MIR&\Ill"i The City of Banger agrees that. in the absence of a mane, by the Department of Labor, the terns and conditions of the Special Section 13(c) Warranty shall apply for the protection of the employees of any employer providing transportation services assisted by the project ("Recipient"), and the employees of any other surface public transportation providers in the transporta- tion service area of the Project. The Warranty arrangement shall be made part a. the contract of assistance and shall be binding and enforceable by and upon the parties thereto, by any covered employee or his representative. Date r. /9$ Manager "ASSURANCE OF COMPLIANCE urrN SECTION 504" HANDICAPPED REGULATION ACCESSIBILITY The City of Bangor hereby certifies that special efforts a re being made in its service area to provide transportation that handicapped persons, including wheelchair users and secs -ambulatory persons can use. For recipients of funds under Section 5 of the UHTA Act, the transportation resulting %roan these special efforts is reasonable in comparison to the transportation provided to the general public and meets A significant Fraction of the actual t. nsportation nee_s Of such persons within a reasonable ties. Date r Y 1541 tau�(�, i y anager Page V-24 1PH'AC g03U.I 6/2]/83 EXHIBIT J Standard Assurances The City of Bangor hereby assures and certifies that it will comply vTtli the Federal statutes, regulations, Executive orders and administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration. Acknowledgment is given of the attached list of such statutes, regulations, Executive orders and administrative requirements as may apply. The provisions of section 1001 of Title 18, U.S.C., apply to any assurance or submission under this section. 6 - h'no.. e 0; r- VrTiclai CERTIFICATE OF COMPLIANCE City Of Bangor certifies that it shall comply Neme O eC p en with 49 CFR Part 604 in the provision of any charter service provided with UNTA funded equipment or facilities. Signature�2 C Title i::} Ar rct .0't ¢ 1 r Date A�r%t Y /56i 'The Bus' Will comply With the annual reporting system and uniform system of accounts requirements prescribed in 49 BFR Part 630, "uniform System of Accounts and Reporting System'. Date Agr;l r{ / 6£ep-Bbneger/C y of Bangor �iu•�.. L17 r. APPISCAM CERTIFICATE OF RTffLIAM'� xzTx 5r¢ AEXUIRIT4M5 of artA m�Rani9 Pursuant to the procedures described do (JMIA C9100.1A, the Ci tvof eangoz hereby certifies that the project assurances prwid H in Attachments 1 aid 2, inclusive, of the subject circular shall be applicable to and incorporated by reference in any application filed by City of Baneor for a capital, cperatim, or plasim grant er Sections 3, 31a)(1)(c), 4(1), 5, 9A or 9 of the Urban Mass Transportation Act of 1964, as amnded, as Bell as for transit related projects under the Federal Aid Urban Systems and Interstate Transfer Program (Sections 1442 and 103(e) (4)-r respectively, of Title 23 of the United States Code.) Ii Arl H /485 _C. Cater—' 6lmawm at Title FVC/ Authorised Official ]he m ersianed legal ceunael for the City of Bangor hereby certifies the City o Bangor }ss authority under State and local law to co ply with the subject assurances and that the certification s\above has bear legally made. Simstune�-- Attcrey UIITA C 9100.IA Attachment 1 2-8'85 Page I ATTACHMENT 1 LIST OF STATUTES, REGULATIONS, AOm UMSTBATIs'E REQUIREMENTS AMf EXECUTIVE ORDERS APPLICABLE TO CERTAIN UMTA PROGRAMS [comollance with the following is indicated by a signed Standard Assurance (Exhibit 1). Part 1--Tbe following list is applicable to all transit assistance projects u Sect Ions 3, 3A)(I)IC 1, 4(i),, 5, and 9 of the urban Mass Transportation Act of 1964, as mended, and to all transit related projects under Sections 103(e)(4) (intersta•e Transfer) and 142 (Federal Aid Urban Systems) Of Title 23 of the United States Code. STATUTES 18 U.S.C. 1001 which provides criminal sanctions for these who knowingly and willfully provide false information to the Federal Government. Section 3(f) of the UbT Act, 49 U.S.C. 1602(f) which requires, amfng other things, the recipient to enter into an agreement with UMTA me to provide charter service that will foreclose private operators. Section 3(g) of the UHT Act, 49 U.S.C. 1602(9) which requires, among Other things, the recipient to enter into an agreement with U14A not to provide exclusive school bus service. Section 5(k) [or 4(a)3 of the UMr Act, 49 U.S.C. 1604(k) [or 40 U.S.C. 1603(a)] which requires, among Other things, the provision of the reclplen Ys pro rata share Of the Cost Of the project. Section 8 of the UsfT Act, 49 U.S.C. 1607 which provides, asng other things, for a continuing, cooperative, and comprehensive plannil process. Section 8(e) of the UMT Act, 49 U.S.C. 1607(e) which requires, among other things, the recipient to provide to tee MX l mum extent feasible for pr i vale enterer iso part l of pat i on in UUTA funded plans and programs. Section 12(c) of the UHT Act, 49 U.S.C. 1608(c) deflations applicable to the grant. Attachment I _ W4A C 9100.19 Page 2 2-8-85 Section 13 of the UNIT Act, 49 U.S.C., 1609 which requires, among other things, the recipient to comply with applicable labor recuiremenfs. Section 16 of the URr Act, 49 U.S.C. 1612 which provides, among other things, for the plannlug and design of mass transportation facilities to meet the special needs of the elderly and handicapped. Section 19 of the Uwt Act, 49 U.S.C. 1615 which, among other things, problblts discrimination on the basis of race. color, creed, national origln, sea or age. Title v1 of the Civil Rights Act of 1964, 42 U.S.C. 2000 d which, among other things, prohlblts discrimination on the basis of race, color or national origin by recipients of Federal financial assistance. Title v11 of the Civil Rights Act of 1964, 42 U.S.C. 2000 e which, among other things, prohibits discrimination In employment. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 which, among other things, Prohibits d1scr9minatlon on the basis of handicap by recipients of Federal financial assistance. 'Watch Act', 5 U.S.C. 1501 et seq. which, among other things, Imposes certain restrictions on polltical activities of recipients of Federal financial assistance. "Soy America Requirements", Sectlom 165 of the Surface Transportatlon Assistance Act of 1982, P.L. 97-424, as amended which, among other things, requires That steel and manufactured products procured under UREA -funded contracts be of domestic manufacture or origin (with four exceptions). Mavis -Bacon Act", 40 U.S.C. 276a to a-7 which requires, among other things, that all mechanics and laborers working on federally asslsted construction projects (In excess of $2,000 contract value) be paid not less often Man once a week, at computed wage rates not less than the Prevailing wages for similar work In the same geographic area of the project. U4rA C 9100.IA Attachment 1 2-8-85 - Page 3 "Copeland Anti -Kickback" Act, I8 U.S.C. 814 whlbh, ening other things, prohibits payroll deductions fron the wages of employees who are covered by the Davis -Recon Act for any reason except those specifically stated in the Copeland Act. Contract work Hours and safety Standards Act, 40 U.S.C. 321-332 which, among Other things, establishes the required Tells and conditions for hours of work and for overtlme pay of laborers and mechanics, and directs the nepartment of Labor to fornulate constructlm safety and health standards. National Environmental Policy Act, 42 U.S.C. 4321 at seq. which, among other things, prohibits Federal assistance to projects that will adversely affect the quality of the environment. Uniform Relocation Assistance and Land Acquisition Policies Act of 1910, 02 U.S.C. 4601 at sap. which, among other things, establishes the terms and conditions for compensation to property Owners and occupants who are displaced as a result of federally assisted projects. National Historic Preservation Act of 1966, 16 U.S.C. 410 at 'sed. which, among other things, provides for the protection of national historic sites. Archeological and Historic Preservation Act of 1966, 16 U.S.C. 4698-1, et sed. which provides protection for historically valuable property. Federal Nater POI let ion Control Act, as mended by the Clean Hater AN of 1911, 33 U.S.C. 1251, at sed. which, wrong other things, establishes a review and permit process for construction projects which affect navigable waters. Clean Air Act of 1955, as amanGad, 42 U.S.C. 9401, at seq. which, among other things, Mandates State Implementation Plans that Often encmpass transit projects. Energy Policy and Conservation Act, 42 U.S.C. 6321 which, wrong other things, authorizes doveloparent and Implementation Of state energy conservation plans. Attachment 1 Page 4 UwFA C 9100.IF 2-8-85 National Flood Insurance Act of 1969, 42 U.S.C. 1011, at sea. which, among other things, authorizes a national flood Insurance program. Flood Disaster Protection An of 1973, 42 U.S.C. 4012x, et seq. which, among other things, requires the purchase of flood Insurance W recipients of Federal financial asssistance who are located in areas having special flood hazards. Architectural narriers Act of 1968, as amended, 42 U.S.C. 4151, at sea• which, among other things„ requires that any building or facilliy or portion thereof assisted with Federal funds bs accessible to the handicapped in accordance with the General Services Adm! nistrat longs Accessibility Standards, 41 CFR Subpart 101-19.6. - M41NISTMTIVE REOUIREMENTS d,9 Circular A-87 which provides cost principles applicable to grants and contracts with State and Ionil governments. OM Circular A-102 which provides uniform req ulrements for assistance to State and local governments. "ECV 1 V ORDERS E. 0. 11246, as amended which establishes requirements In construction activities for contracts ever $2,000. E. 0. 11988 which establishes certain specific requirements related to flood protection and control. , E. 0. 12312 which rescinded 058 Circular 11-95 and established new requirements contalned In FR No. 48, 123, June 24, 1983, pp 29264--29267. These requirements deal with the notification of State organizations of Proposed transit projects and the opportunities for those organizations to review project proposals. UWA C 9100.IA 2-8-85 REGULATIONS 49 CFR Part 600 at seq. regulations promu lyated by UMA. 49 CFR Parts 21, 23, 25 and 27 Attacbnent 1 Page 5 regulations promulgated by the Department of Transportation governing Title Vl, Minority Business Enterprise (Oisadventagetl business P.nterprise/Nooen's Dusiness Enterprise), Relocation and Land Acquisition, and Nondisdriminaflon an the basis of Handicap. respectivaly. 46 CFR Part 381 regulations promulgated by the Hiritime Administration governing cargo preference requirements. 36 CFA Part 800 regulations promulgated by the Advisory Council on Historic Preservation. 31 CFR Part 205 regulations promulgated by the Department of the Treasury governing leiter of credit. 40 CM Part 15 regulations promulgated by the Environmental Protection Agency Pertaining to administration of Clean Air and Nater Pollution requirements of grantees. 29 CFA Parts 5 and 215 regulations promulgated by the Department of Labor pertaining to Construction labor and transit ameloyee protections. NAA C 9100.1A 2-8-85 Pari II--Thfol lOf Ia Sections 5 and 9 of tlhi two al Mutes apply I fe transit e Urban lyes Transpp�+often Act of 1964, assistance projects under arended. Section 15(6) of }ns UMT qct 49 U.S.C. 1611, as amendeC `edaral Poplic Tran:porfallon Act of 1962 by section 304(c) of _ the - *bion red ulres the applicant and beneficiaries of the Sec, ens 5, gq and 9 Dtion s to adhere to both the financial and operating information "Porting system and the uniform systen of accounts sand records. Tit and 4 If and Title %,111 of the Social security qct 42 and d2 U.S.C. 1395 et seg. u.s.c. dol, at seg. asthey pertain to the Issuance of Medicare cards. Part 111 --The follow- transit assistance programs eCitedaherein: tegory of program statutes app lY only to the - Section 3 of the Urban Mass Transportation Ac} of 1964, as arended APPLICA LE 33(a)(i)(C),ro. Transit asst stance projects under Sectless 3 and a(I) trans( the prban these Transportation Act of 1964, as amended, d all Of related projects antler Sections 1ers, 41 and Id2 (Interstate transfer under Federal Aid Urban Systems, respectively) e} Title 23 of the United States Code. SeCt l on 5 of the Urban Mass Transportation Act of 1%41 as amended APPLICABLE T0: Transit assistance projects under Section Urban Mass Transportation Act of 1964, as .amended. 5 of the Notes particularlysl�ram specific raguirenenls such as 5(I)(3) a 5(m), Hat, -,are aaguiremont. Section 9 of the Urban 'lass Transportation Act pf 1964, as amended APPLICABLE T0: Transit Assistance Projects on 9 of 1pa Urban Mass TranaDortation Act of 1964, jas am end ed, Seco Note particularly program specific regulremants Such a Faros and Services, 9(e)(3)(0), Ha10.Fare R Audit Repuirement. - "uir s and gig), ), erenq a d gig), UMTA C 9100. IA Attachnemt 2 2-5-86 Page I ATTACHMENT 2 Pari IV --Civil Rights assurances required of all transit assistance applicants grants pursuant to Sections 3, 3(a)(1)(C), 40), 5, and 9 of the Urban Mass - Transpontation Act of 1964, as amended, as well as for applications for transit related projects under the Federal Aid Urban Systems and Interstate Transfer Programs (Section 142 and 103(a)(4), respectively, of Title 23 of the United Sta-es Code). ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RI WE ACT OF 1964 (DEPARTMENT OF TRANSPORTATION) The (Title of Recipient) (hereinafter referred to as the `Recipient") HEREBY AGREES THAT as a Condition to recely Mg any Federal financial assistance from the nepartment of Transportation It will empty with Title VI of the Civil Rights .Act of 1964, 76 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 20006-4 (hereinafter referred to as the Act) and all requ l remnants imposed by or pursuant to TI t I 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, Mond iscrimi nation In Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to The end that In accordance with the Act, Regulations, and other pertinent directives, n person in the United States shall, on the grounds of race, color, z national origin bm excluded frau participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, Including the Urban Mass Transportation Administration (UMTA), end HEREAT GIVES ASSURMI6E THAT It alit promptly take any measures necessary to effectuate This agreement. This Assurance is required by subsection 21.7(a)(1) of the RegulatiOns. More specillcally and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the project: 1. That the Recipient agrees that each "program^ and each "facility" as defined in subsections 21.23(x) and 21.23(6) of the Regulations, will he (with regard to a "program") conducted, or will be (with regard to a "facllity"S operated in compliance with all requirements Imposed by, or pursuant to, the Oeguiations. 2. That the Peclpient shell Insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in c nection with a project under the Urban Mass Transportation Act of 196P, as arended (the UNIT Act) and, in adapted form In all proposals far negotiated agreements: Attachment 2 Page 2 URA C 9100. IA 2-8-85 The Recipient, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 V.S.C. 20004 to 2000d-4 and Title 49, Code of Federal Regulations, 0epertment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation Issued pursuant to such Act, hereby notifies all bidders and proposers that it will affirmatively ensure that in regard to any contract or procurement entered into pursuant to this advertisement, minority business enterprises [Disadvantaged Business Enterprise/Women's Business Enterprise (DRE/NRE)] will be, afforded full rapgr+vnity to submit bids and proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex or national origin In consideration for an award. 5. That the Recipient shall Insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall Insert the clauses of Appendix R of this assurance, as a covenant r nnIn with the land, In any dead from the United Stales effec-ing a transfer of real property, structures, or improvements thereon, or Interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part ef.e facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Reclpiant receives Federal financial assistance in the form, or for the acquisition of real property or an Interest in real property, the assurance shall extend to rights to space on, Over, or under such property. T. That where the Recipient receives Federal financial assistance to carry out a program of managerial training Order Section 10(a) of the Urban Mass - Transportation Act of 1964, as amended, the assurance shall obligate the recipient to make selection of the tralnee or fellow without regard to race, color, sex or national origin. B. That where the Recipient receives Federal financial assistance to carry ou a program under the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to assign transit operators and to furnish transit operators for charter purposes without regard to race, color, a" or national origin. 9. That where the Recipient receives Federal financial assistance to carry ou program under the Urban Mass Transportation Act of 1964, as amended, routing, scheduling, quality of service, frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location Of routes my not be determined on the basis of race, Color, sex or national origin. . UMTA C 910n.1A Attachment 2 2-8-85 Rage 3 10. That the Recipient shall Include the appropriate clauses set forth i Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or Improved under (Project Number); and Chi for the construction or use of or access t0 space o over Or under real property acquired, or improved under (Pro'act Number). II, That this assurance obligates the Recipient for the period during which recerul financial assistance is extended to the project, except where the Federal financial assistance Is to provide, or is in the form of, personal property, or mal property or interest therein or structures or improvements thereon, In. which case the assurance obligates the Recipient or any transferee for 'he longer of the following perlods: (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services er benefits; o (b) the period during which the Cecipient retains ownership or possession of the property. 12. The Recipient shall provide for such methods of administration for the program s are found by the Secretary of Transportation or ine official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, subgranteels, contractors, subcontractors, transferees, s c eSc In interest, and other participants of Federal financial assistance under uh program wflI comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. - 13. The Recipient agrees that the United States has a right t0 seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given e consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, properly, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under Federal Urban Mass Transportation Programs and is binding re It, other recipients, subgrantees, contractors, subcontractors, transferees, successors In interest and other participants In the Federal Urban mass Transportation Program. The person or persons whose signatures appear on the Authorizing Resolution are authorized To sign this assurance on behalf of the Recipient. Attachments: , Appendices A, 0, and C Oepartaent of Transportation Attachment 2 Page 0 APPENDIX A USIA C 9100.1A 2-R-55 During the performance of this contract, the contractor, for itself, Its assignees and successors in Interest (hereinafter referred to as the "contractor") agrees as follws: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination In federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may he amended from time to time (hereinafter, referred to a the Regulations), which are herein Incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, Includf ng employment practices when the contract tiers a program set forth In Appendix R of the Regulations. (3) Solicitations for Subcontracts. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procuremenfs of materials or leases of equipment, each potential subcontractor or supplier shall he notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, Color, sex or national origin. (a) Information and reports: The contractor shall pro de all Information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to Its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Urban Mass Transportation Administration NNTAI to be pertinent to ascertain compliance with such Regulations, orders and Instructions. Where any Information is required or a contractor Is In the exclusive possession of another who falls or refuses 10 furnish this Information, the contractor shall so certify to the Recipient, or the Urban (Sass Transportation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. m+rA C 9100. IA 3-8-85 Attachment Page 5 . (App. A, P'j. 7) t5i Sanctions for won<oma In the event of the contractor's with the nandi scriminarion provisions of this contract, the Recipientp anal le Impose such contract sanoticAS as It or the Urban pass Transportation Administration may determine to be appropriate, including, but not limited to (a) withholding of payments to the contractor under the contract until the contractor compiles. and/or to) rancellation, termination Or suspension of the contract, in .hole o part. , in (6) Incorporar'on of Provisions- The contractor shall Include the paragraphs (U through (s) in eve subcontract, Including prom procurements of pl materials and leases of every g regulations or I directives issued Pursuant thereto, unless exempt by the rageboons, pursuant or Or The contractor shall take such action Kith respect to any subcontract w procurement as the Recipient or the Urban I.)ass TransporatiaoncAdministtration may direct as a means of enforcing such provisions Includlngfor on -compliance: Provided, however, that, in the event a contractor becomes involved in, CO is threatened with, litigation with a subcontractor ar supplier as a result of such direction, the contractor nay request the R¢cIPIanr to enter Into such Iitlgation to protect the Interests of the Recipient, andIn addition, the contractor day request the United States , to enter Into such Iltlget, to protect the interests of the United States. Attech Page 6 APPENDIX R U'ffA C 9101. IA 2-8-65 A. Thujol l owing clauses shall be Included In any and all deeds effecting o recording the transfer of real property, structures Or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, a authorized by lax, and c upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, in accordance with the Urban -lass Transportation Act of 1964, as amended, the Regulations for the Administra!ion of Federal Urban !lass Transportation Programa and the policies and procedures Prescribed by the. Urban Mass Transportation Adninlstra11M of the nepertnent of Transportation and, also in accordance with and In compliance with all requirements imposed by, with. and in canplianca with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondlscriminaelon in Federally -Assisted program of the Department of Transportation (hereinafter referred to as the Regulations} Pertaining To and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stet. 252; 42 U.S.C. 2000d to 2000d-4), does hereby rami se, release, quitclaim and convey unto the (Marc of Recipient) all the right, title, and Interest of the Department of Transportation In and to said lands described in Exhibit "All attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE ANO TO HOLO said lands and interests therein unto More of Recipient) and its successors forever, subject, however, to the covenants, conditions, restrictions and reservatlons herein contained as follows, which will remain ;n effect for the period during which the real property or structures a 8ed for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the (Name of Recipient), Its successors and assigns. The (Name of Reciplent), In consideration of the conveyance of said lends and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, Its successors and assigns, that (1) no person Shall o The grounds of race, color, or national origin, be excluded free participation In, be denied the benefits of, or he otherwise subjected to discrimination with regard to any facility located wholly or in part on, over on under such land hereby conveyed (,) (end)* (2) that the (Name of Recipient) shall use thelands and Interests In lands so conveyed, in comp )lance vi th all rape i remants imposed Or pursuant tojlfle 49, Coda of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Pari 21, Nondiscrimimaticn * Reverter clause and related language red be used only when it is determined that such a clause Is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. UWA C 9100.IA 2 -E -g5 Attachment page T (App. R, Pg.?) in Federally -Assisted Programs of the Department of Trensportatlon - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may he eeended(,) and Ol that in the event of breach of any of fns above-mentioned nondiscrimination conditions, rhe nepartment shall have a ri-ah' to re-enter said lands and facilities on sem land, and the above desc/bed land and faculties shall thereon revert to and vest in and become the absolute property of the Department of Transportation and Its assigns as such interest existed prior to this Instruction.* a Reverter clause and related language to be used only when it is determined that such a clause Is necessary In order to effectuate the purposes of Title vi of the Clvll Rights Act of 1964. Attachment 2 - Tits C 9100.IA Page 8 2-8-85 APPENnix C The following clauses shell be Included in all deeds, licenses, leases, permits, or similar instruments entered into by The Recipient pursuant to the provisions of Assurance 10(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors In interest. and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a 'covenant running with the land°) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Repartment of Transportation program or activity Is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, eta) shall maintain and operate such facilities and services in compliance with all other requirements Imposed pursuant to Title 49, Coda of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal ["Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964; and as said Regulations nay be amended. (Include In licenses, leases, permits, arc)* That In the event of breach of any of the above nondiscrimination covenants, Ohne of Recipient) shall he" the right to terminate the (license, lease, permit, and to re-enter and repossess said land and the facilities thereon, and hold the same e5 If said (license, lea Se, Permit, etc.) had never been rude or Issued. (Include In deeds)¢ That in the event of breach of any of the above nondiscrimination covenants, (Name of Recipient) shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest In and became the absolute property of (Name of Recipient) pursuant to the provisions of Assurance 10(b). w Reverter clause and rotated language to be used only when it is determined that Seeds a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act, of 1964. 1. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors In Interest,_ and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases, add "as a covenant running with the land") that (1) no person on the ground of race, color. Or national origin shall be excluded from pert[ctpation in, denied She benefits of, or be otherwise subjected to discrimination In the use of said facilities, (2) that In the construction of any Improvements on, over, Or under such land and the furnishing of services thereon, no person on the ground of race, color, or national origin shall be ascluded free participation in, denied the benofits of. or otherwise D subjected] to discrIminatiom, and (S) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other requirements Imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary. Part 21, Nondiscrimination in Federal ly-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 19641, and as said populations may be amended. That In the event of breach of any of the above nondiscrimination covenants, Wane of Recipient) shall have the right to terminate the (license, lease, permit, jr.) and to ro-enter and repossess said lana and the facilities thereon, and hold the somas if said (license, lease, permit, etc.) had never been made or issued. That in the event of breach of any of the above nondiscrimination covenants, (Name of Recipient) shall have the right to re-enter said land and facilities thereon, and the some described lands and facilities shall thereupon revert to and vest In and became the absolute property of (Name of Recipient) and its assigns. 'Reverter clause and related language to he used only when It is determined that such a clause Is necessary In order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. CITY OF WWR AFFIFOATIVE ACTION PR(GGWI The following plan for providing equal enployment opportunity is hereby approved by the City .Council of the City of Sector for the use of the City tlanager in the xtiinistrvtion of personnel activities for all employees of the City, punnutt to Chapter II, Article 8 of the Laws arta Ordinances of the City of Bangor. I. EPPIDYNENT POLICY 1. The City Council of the City of Bangor reaffirms its desire that the City employ without discrimination on the basis of race, color, religion, sea, national origin or age, the best qualifi i persons who are available at the salary level,• estahlished, for City employment. 2. The City Council of the City of Bangor recognizes its obligation and responsibility to comply with the provisions of the Equal Fmploynent Opportunity Act of 1972 (P.LS5 92-261), amending Title VII of the Civil Rights Act of 1964 (42 LSCA 9 2000 E at see), and t:.a I -dine Runt Rights Act of 1972 (5 IMA $ 4571), as amended, which prob5cits discriinintion in emplayt on the basis of racel color, religion sax, national origin or age. 3. The City Council of the City of Bangor beiry an applicant for federal financial assistance under Section 101 at sen of the Rousing aetl Ccrnunity Development Act of 1974 (P.L. 93_383, 42 LIBCA g 5301 et sec), further recognizes its obligation and responsibility to co.atr with the provision - of Title VI of the Civil Rights Act of 1964 (P.L. 8e.w-2)1 Title VIII of Civil Rights Act of 1968 (PSL. 90-284); Section 1C9 o.`. the lousing art - Community Development Act of 1963; Executive Oder 11.7,461 Executive Order U0631 and my other federal regalations issued tc implemert the authorities cited, which prohibits discrimination on toot. basic of race, color, national origin or sex with respect to the enjoyment of such .F..eristrnce. 4. Therefore, the City Council of the City of longer, desires that the City take such affirmative eettea as is necessary to euferce ..rd promote the City Caudle policy 0. ,1ua1 ezployeent opportueaty M,• implementing a eonUnuing Program uhtch ;.Y11: a. Prevent any unlawful discriceraim in udvertleLg. recruitment, hiring, layoff, termination., negraii.g, dentia:, transfer, ccapen- cation or other terms, conditions, or privileges of City employmrsnt; b. Determine w1vother any, qualified applicants or employees are being subjected to unlawful discrimdnr:tion because of race, color, religion, sex, national origin or :see, and provide for amrcpriate corrective artionj c. Identify and correct those techniques, proced zxes, and results of Persomel actions which have or may have an adverse effect upon the employment opportunities or status of such applicants or employees; and d. AChieva the fullest and most effective utiazation of skills which W be identified and developed among all City employees, for the purpose of rendering better service to the residents of the City of Bangor, _ II. DIDB aMTICN OF �LyN9NT FCTZ,^ 1. To insure that these policies are understoad by all current ail eeteat'_ 1 employees of the City. and to announce the City COuncilfs full b¢,aitmant. to the employment policies set forth in the preceding Par{eraph, these Policies should be given the oddest possible exposure. 2. Internal Dissemination: MOO 8. The riity Nffi cr An issue a M tteEIde9ent t0 all _-q: V'.ipN: 9 006=.Inent to itsv:in^ emeeme ca..utment to its antorcement. b. Notiae of these policies will be porta, i::: acnspicuous v``vs and s pubL'eY.ed es�art of the City o S_ cat r cezamu:el Rules a_3egiations. _, All 2ereop4l fn charee of th s es=ection, hirlaa, anii nrpp�oLappyioanta�, lloayees ,cif:: to issued ,mittz rxhie- lines nrovidini3 for u__o^n�roCedures fox l,nce_rvith t^oro policies,, d. The OCOiaratipn of al_' ce_lective bare_�r'o sits ill 'x S-icited in eohievl.ng adherence tc t:e nonKitec.-.hinztSZn clause in Cs 01ty of Bangcrts labor agreemen4 via the :f=^C.::Ciw tctiai progrvn, e. Weific implications o- these policiee wi1_' be discussed per4caically at do',atmental and staff meetiMS, i. External. Dissemination: Notice cf these policies ah -11 ancm;a;, any ,x, all r ,este pia to :doblio and private emplonnent agencies L_ __....aa1 Ofeay;:iieantz. b. XotieO of these Polieiac •111 be sent +; my ±e i+ J school ar colleae or rvIIversity taaement serul:ae who dewire 'utfomr;,i;.;>n available fob openings ad -h the City. ... NOtira Of these Polio; ca All be art ':e lata.--.. -hautera Of�saiOral Or net±On nor e+r�. srsmen a orpv.ra a-.sa ere 5p /ie refer applicants for:`ea:a ae pose ; s m FT CifyP C. All advertisenents far ,fob apeida�a �.+.•ct filled _.-_Ouse An cO tlmw to be placed in.a local newspaper of general cimuu..tion with tha statement, "A Fgaul L.xrtunity Smpb;-r^ rosier im suci, advertise- ments. WPC:SIDILITf POR I1TISP.E."i'AT1ON 1, The Citta Dsnager holds primary responsibility for tie ?r eration VA success Or the affirmative action m, grins. Tbio reaponsihi;ity may be delegated to the Personnel Director, or .other executive, to at as Via Equal Oppertun8y officer. 2. The Equal Employment Opportunity Officerts responsibilities will include, but shall not be limited to, the following: a. ManagiAE the organizations implementation: anal all continuing aspects Of the affirmative action programs and rating as liaison between the City and the community. b. Dissarmnatim of current EEO policy information and guidelines rt interpretation of state end federal requiremento as the^ my asp to City personnel. c. Working with departments and srWervisory staff respeneible for renng personnel transactions to identify W. correct problem ar:,:ie in tie, application OI MO guidelines to specific employment practices of the City. d. :Isntenance of records, reports, and documents relatng t_ rscxuitrsvt� miring, interviews, disciplinary actions promotions demotions transfer, termination, and other transactions in order to cwuply with state evi federal recordkeepirg requirements, ani to monitor EEC complimce '..thin the City. e. Initiating remedial action to improve the effectiveness of the program or to correct aqy unlro\,l emoloyment practices vfiich may be brought to notice while mon_.oring compliance or handling employee grievances. f. Audit end evaluation of the affirmative action 7rogrue's overall effectiveness in terms of improved utilization cI sonorities and Omen rhere necessery in specific functions, lci categories, or pais ranges. g. Reporting to the City Manager ndu n necessary any findings and racecneMa— tions for enforcing cocryliance with the program, and to aid the City Manager in advising the City Council of needed changes in personnel Policy. 3. Each deparesnt hard, division bead, or supervisor charged with the screening, selection, hiring, and promotion of applicants a employees in the City service will be responsible to the City Ifebger tori a. Prevention of vriawful discrimination and eedoreement of the City Cmu¢ilts equal employment opportwilty policy with respect to all applicants and employees in all terms$ aonditienss and privileges of City employment. b. Identifying and repertLng to the EEO Officer problem areas in the interpretation or application of policy guidelines, and any chargee or grievances involving alleged discrimination arci the manner in %bich th J ware mmodied or dismissed. C, Maintenance of each records, reports, and docmnenta as the EEO OIficer may require in order to conob m to the recordkeeping requirements of state anal federal lax, and to assist in the evaluation of EEO compliance and progress. d• Revie�e of lob desexiptieng, selection techni compensation Tor employment, and woxki Promotion S are flues• requirements and Promotion eccorling: t Scar opPort . amp ons to insure that all ante the to merit Principles ainctl ant, training, and torsu h Performance. involved, a'wt y,a fatr related ante. to successful N. Pnn2 Op compensated accoNing Cation" WOWh FOACB AWp CTrLayATigi AWALySIs "Ondemtiliaatino ie defined by the Office of Federal Contract C baa eectedr �norltSes ox ivmen ;n a particular untlerutlltzatiionheir evatlabiltty, To tl lob category t1,ann sand as the City of angor y °tine the extent of reasonab;y following work force B ( he m and to elininete attempted to use the mostY�s, utiilaatSon analgSiscan ration) has develooed thea best pass ible deacripyiens todate iK'omayion sourage,, so as sto goals. rt was the most canpnhensdve sounaendwgaso the Por data on the an re pS°sent the Le Bconwaic Chaxacteriaticaw Por Eainel U. S' Census (1970 Y wide work force, Stats SScs�( g74)nt Forts aver Affairs, unfit Ea Womena xassa c I al ander Cti is Persmmel data on the murdclDal ("Ci t arH tW1Ority IaanP war his files to sup lint thaplocal� °ategorizad Na pertiaanenor, inforrkyis a, the Appendix A Cwermnent Information Report (grey) Cork tons.P 1, oW 0 the City -side wark fore, while A characteristics first analysis, eomparie, s ppendix B pnfiles the mun(ci Utilization lbdieathersCity-wttle work force and were mode bet wideare obtained bd they finds the municipal wrkttone1�Theindicion ce bet atorFor a l(-6 7%)the is "'� AdWjnistrators atae °SR the fthnmanicipalnthe enPlayeecity— "City. '�t (17•CA)• (Refer top by subtrecti.ng the category the female utilization PPanvir B for aonrce c Of)Total, (10.3%) from the Cit,of B or, to ee Profile An sis External Officiate/Administrators Professionals Technicians Protective Services Para-Pnfeseionals Offiee/Clerical Skilled craft. ServicaAaint¢nance Females Util�icay�r Negroes Uti1,—or. - 6.7$ 0.0 -23.1$ 0.3¢ + 2.0% 1.5 + +44.2¢ - 4.3,4 — 6,6% -42.22 TOTAL -24,2$ " I ,meed in Professionals category. - + 0.12 This analysis would serve only to indicate to what extent imbalances exist in the municipal work farce. A positive percentage indicates that there is a proportionately larger number of people working for the municipality in that particular group (women or Negroes) in that particular ,lob category (Professionals. Technicians, etc.) then there is ift the City-wide work force. The only significant area of oveautilization shown here is in the utilization of females in the "Pare -Professionals" category, but in the following analysis it nay be seen that females are also overutilized in the field. A zero percentage in the above analysis indicates one of two things: 1) there are no individuals in that group employed in that category, or 2) the distribution is equal between the municipal work force in that category and the City-wide work force (equilibrium condition). Finally, a negative Percentage indicates that there is under -utilization by the municipality of persons in that group and category, but only in respect to the availebility of persona in the City-wide work force. Attempts were not made to determine if there are patterns of discrimination within the City-wide work force, as necessary data is not avail- able and such a search would be beyond the scope of this study. In arm, this analysis demonstrates that the most serious employment problem in the City of Bangor is a significant uMer-utilisation of women as manifested by the -24.2% utilization indicator, Specific problem areas clearly are in the "Pro- fessionals^ (-23.1%) and "Service/Maintenances (-42.2%) categories. The analysis also demonstrates that the employment of minorities does not involve any significant utilization problem; as Negroes and other minorities (Spanish Americans, Orientals, American Indiana and others) constitute little mare than one percent of the entire City-wide work force, it is felt that employment of persons in these groups in terms of numbers is not an significant a problem as correcting the inbalancebe- tweennales and females in the municipal work force. There does exist, however, a substantial economic minority of low income residents. While in miry areas, the teens slow income" and ^minerity^ may be eynonymaus, the low concentration of minorities prevents such equation in the City of gauger. The City Council of the City of Bangor recognizes "low income" persons, especially minority low income Prances Are vulnerable to illegal discriminatory employment practices. Therefore, the City should place particular emphasis in its Affirmative Action Plan on improving the employment opportunities and practices in the City of Bangor, with regard to such minorities. In the following analysis of the City of Bangor employee profile, for lack of batter or more conclusive data it was assumed that the percent of women employed in the Citv-wide work force represents the total number of employable women in the entire City; this percent is called the 'Equilibrium Point^ and illustrates the imbalance existing in the municipal work force. City of Banner: Employee Profile Analysis (Internal) Officials/Administrators Professionals Technicians Protective Services Pare -Professionals office/Clerical Skilled Craft Service/Maintenalce 1 NAL (WP = Work Force) Females as Equilibrium 9; of W Pont Difference 10.3 41.7 -31.4 26.0 41.7 -15.7 17.3 41.7 -24.4 1.0 41.7 -40.7 75.0 41.7 .33.3 65.0 41.7 -63.3 0.0 41.7 -41.7 5.6 - ALT -35.9 17.5 41.7 -24.2 In It is clear from the above analysis that them is o great disparity between the municipality's utilization of men and women in six of the eight categories and overall. Again, it may be seen that the Para -Professionals cud Office/ Marcial categories show over -utilization of women, but this in the future could work to the City's advantage as woman in these categories could be promoted to positions sued categories in which they are presently under-utilized. In sheer numbers alone, the wSkilled Crafter eFroteetive Services,, and ^Service/ Maintenance, categories are in most need of increased female employment to brims about equalized utilization. But the nature of municipal functions and of the labor market impose certain problems. For instance, the City Personnel Director has stated that there are few females interested in or qualified for positions in the "Protective Services" category; this is evidenced by the fact that he has never received an application from a female for a position in the fire department, and by the fact that of the to women (which is unusual to have aqv females at all) who applied for employment in the police department during the past year both scored extremely low on the Civil Service exam administered to them. (The Civil Service exam is currently being reviewed to eliminate any possible non -job related or sex -bias material.) The Personnel Director also maintains that he has never had an applicant for skilled or manual labor employ- ment with the Public works Department, which accounts for the low number of women in the ^Service/Mmintsnancew category. As further explanation of why there are so few women available to be employed by the City of Bangor in the Service/Maintensuce and Skilled Craft categories, the Personnel Director at Eastern Mane Vocational Technical Institutes located in Danger, has stated that approximately 22% of the students are females of whom nearly all are en- rolled in medicai-related purgrams (i.e., numiag, leborotory tecMology, X-rays etc.); he said that the remainder of the women am in the business administraton progree with very little interest shown in other fields, such as heavy ez• proem operation, carpentry, welding, and others. Therefore, while the City of Bangor will continue to activeky recruit waxen for positions in the Protective Services, Skilled Crafts and Service Naintenance fields, the City finds it would be pore realistic to set high goals for females utilization in the categories of ^Officials/Administrators,, aProfessionals^, and 'TewhiClanse. Although these three areae account for only one-fifth (191) of the positions in the municipal work force and the turnover rate is not ae high as in other areas, the positions in these categories would have certain strong incentives, such asw 1) having more appeal in general as they would tend to entail greater responsibility and be higher on the pry scale; 2) being more readily available to women in the work farce (such as those in the Para - Professional and Office/Clerical positions) or who All be entering the work fame than jobs requiring annual or skilled labori and 3) affording women more input into the .policy-making area of Bangor city goverment. Since these are only preliminary fillings all tentative conclusions, this analysis will be updated periodically, as more iMormation on the availability of qualified personnel becomes reliable in determining what is proper utilization. V. WIPIO111ENT COALS It is estimated that if the total municipal nark force were to reflect the bal- ance between males end females in the entire City work farce, and if the mudcipal work force were to remain at its present level of permanent employees, then approximately 150 positions presently held by men would be assigned to women, both through promotions End aupointments. As evidenced by the table below, this goal conceivably could be reached in two years if virtually all of the job openings omre fillet by women during that time period, But, as was mentioned before: nee cnAicipal government operates under certain cometrEints which almost surely preclude this goal of equality �. two years, Cia Of Bwor: PereaMB. Turnover 19?0 La _ m l _e Ave. No. of Paramount Employees 553 572 625 631 Ap;o ntments Prccaased 92 m; 153 51 Separations Procascad 64 a7 '_21 a amover Nate 12% 15� y9% , z% mB3tdmate P'O,n: Between 1972 axe 1974: the City c£ Pangor azo -hired Cie airport operations (approxLnately 50 employees) as a City department, accounting for the large increase ir. permanent eerployees during I hat perioG. The three mast prominent areas from which waren tave Ecen shutout, more often by aelLehcice than design, &gain are Protective Services, SiQilei Craft, and Service/Maintenance, and these three categories represent approximeteiy 6C,4 of the municipal work force. Unless dramatic changes occur is, the vocational interests Of women, it will be extremeLv diffi:ult mc bring about equal util— kation of women in these Jac categories sod ba the overall municipal work Iorce because of thio concentration of jobs in these categories. However, it should be reitersted that it is very feaaible to make as effective effort at better utilizatiuc of women in the other three setscriea mentioned bsfcre, 1) Officials/Administrators, 2) Profess'_onals, avi 3g Teet icians. It 1s shown below how the inequity of female utilization in ;hese categories coald be remedied at present employment levels. City of Baigori Employment Goals for Women Total Presently Employmi Females Presently Employed Category ^Norm^ Females Needed to Fleet Category Norm Percent Increase City—wide ^Harm^ Females Needed to Meat City—wide Norm Percent Increase Officials/ Admin. Prof. Tech. Total 29 50 52 131 3 13 9 25 17.0 49.1 15.3 34.9 5 25 9 39 66% 0.0 56,5 41.7 49.1 41.7 44.2 12 25 21 58 300% 92',6 122% 13$ FIs In this analysis, Category ^Nam, refers to the category percentage for emplo-,- ment of females in the City-wide work force, while the City-wide '-Noss.:^ refers to the 41,7% figure (total number of acmes employed as percent of the City-wide work force), If the latter feel were attained (i.e., Females Needed to :feet City -vide WOoM . 58 women, or 33 additional warren in the. three then womn would hold 44% of the positions Sn these three categories, � opp<sty to the present 19%. As was previouslu stated, theturnover rate in the Auas high. priority Ca,goY ea (OfSicials�Adnrdnistvtore, pmfessionels, and Teti: mars) is lar b-auee of the greater attractirentase cf the positions and n:gy be =see '_one:' in the f:_lmiug Years due to ec<nomy fnctora. Due to the unavaiiabi=vy of camvrehe z re :ity Personas' records, it is -difficult to detemi-e the tan:o-er rate in tense cetegories and ccnseluentiy to set at exact tineteiole Cor Snt.t7'am ala n& s into the worx force. Normver, Srrn: avt=lable anponnati:-.:on:erati h2 '' diming a recent sevum month. Period, it is possible to a.:.ertain that of tr.e 6i aPpointments (including promotions wd ohanges in status from temporary t. Permanent emPloyeeoj made durbhe that time, 59% (36 nPpuic +rce::ts) .rethe protective Services, Sa]led Craft, and Service/Matntenan:.a oatsgc ss, -irilo 'ray 1c$ (6) of the aopointmente *+are in the OPfdcials/Ad¢tnistratpre, Pr:dss- sionals, and Technicians categories. Pros,: this data, it mcy be Pcojeetei. that from ten to twelve appotlu ments r made. annually in these ,aJer three categories. Therefore, a time period of five roars starting Jove 1, 197, .may be tentatively set for meeting the target of 33 aYitioral women in the his.: -Priority categories (officlals/Administratom, Professionals, and Technic-ans). The timetoble for appointment of :mmen to Positions in these categori<a to eq,:adxe the employment situation is u folipwe: 1) 1978E: 6 female appointees, Z) 19?6-?, 5'7-�t 1978-9: 7 female appointess, and 3) 1979-01: 6 female appointees, chis maetirg the total 01 33. TMs increased utiifaatia�x of vomer ts, the Cityof Bangor iou_d Present a better balance between met end woman in the municipal. work force, pa-tiralefly since the change will cera In positions having fes! 6r inflaence ever municipal ampioyiment policies. These goals are based upon the data gathered for bbe Precec g sa-:tier. entitled "Profile of Current Wark Force and iti Hsetioa A lyai a^. Any z-SO&fic-ub changes in such information resultig from cbatger in the worx frrce or impra-roi data gatherice tech lines, will. be inflected it change= ir- these =aa:.tsant. goals. ACTION CR'.,E,,iT PRfA ZB 1, Cu._ent Programs e. Job De�scri tioonn review and update hat Caen a',, a,Ccing P:'Wtica of the tyCi for some time. Our Position Cinssirication Ma-.ua: dascri:es each permanent, budgeted Position in terns of the ^Distingaishirya Features Of Work; Illustrative 8xa Ies of Worse Raguirsznts of Workt and Desirable Experience ani Training., The City has beer. revievirg all job descriptions to locate and remove artffical barriers to employment or ,promotion, especially educational and physical requirements, Which are not democstrably j<: -related. Positions for which no job description aurrentl< exist have been located and new descriptions are being drafted in consultation with employees ant supervisors imolved Mth the job. Positions Mere MsPonsibilitieaere substantialy equa, but under different Job titles ad pay gradeo, have been combined under a wage, effectively upgrading the lower grade yeaition to a level cameensurate With the actual work performed. b. A study is being undertaken cu sing.'D.ti. 3 - - meroerq of the Fouts arw Fire Department Mo art selected, ;:rcnatei, and disciplined according to the Rules a the Civil Se --vita Comtiasion. Mrs stringent ags and educational requirements, as jell ns miainms height And weight ree�lrmsnts', f.:r . w -. p.,,ce Fis Departmenarets e being considered for ,wwval Civi_- S.r..ce Ordinance, acid naw mn mum re: rcments are being recoamerde2. A revised oo+ .zxu.e is being prepare: whin`. nd•_i sscstsntially alter the role of the Civil Service Coamissim so that ee.5 a} -root prsticee In the public safety departments may be monitored and conform -With uniform equal employment opportunity guidelines of the City. The use of certified lists, prepared In order rf mak frac stac_^dived tests, may be discontinued e.e that selection for anoointmsnt A prc motion, can be made from a brua6ar rarga of eli.g.tbias with Taro attention to ardor service, aducatim, and spacial qualifications related to the Jobs involved. C. Personnel Alainistration is Carried en under a genera policy stateaent oovsring att Aare, .inge benefits, grievances, training, and other speets of employment, Mich is reviewed contiruvusly. Each department has beer, d:loamsd that emo.avees i4o sacs to absent duo to maternity will be considered temporarily disabled for purposes Of using seemed sick leave ant conti:nU,,g to receive full insuares coverage. Application Pones are being revised to exciaa, inpsles About race, sax, martita status, national origin, arras, records, :rarf child -en attl City residency to preclude consideration. of non -Job related factors. 2. Projected Programs: a. Recruitmentand Selection procedures must give fair notice to qualified minorities aM women that the City Is genuinely ir.terested In considering them for employment, And must further inure that such oua lfied applicants will net be ^screened oat^ Lae to ire.fficdsnt selection teovdques cr because of unreasonable Ir Artificial ba-ri.era hOung re Lor-=elstei purpose. TIarefere one City wtil: Continuously review its Job descriptions to uAtecmire the validity of Job requirements de terms of actuii, work psrfocmed; - Stm),v all mitten tests so far as is practicab.a in accordance with EEOC guidelines to reasonably determine their validity, mW whore this is not practicable, emphasis an such test results will be ohn mised; - Formulate uniform procedures for making preemployment inquiries and developing techniques for m ordering the canduct And results of interviews; `q Where a formal regional or oationwida search is being conducted. anc anneals rganizaeenttion zve-;,nc n§v not ^a relied uPon, minority aid the Mt orgesizetions Bali be notified of available Positions wit` the nsvr Xaintain contact-:a+'wState , Job Placement eeni,e. --6. 1 d'aF .":ent Service eri otns. to ies::ra the ,.idest-:ossible notice of opolln" to low masse Peop'u; 1' Mete appli L a, rtY. .P.rtmenLY . i av to . thoseeZ .v .for b, MrCr. air all Consideration W .1 Utintt• c hose s;a �e use; n _ :anitur the re ulte at Pap reasons for S t 1 Prone .Lara are PrEperly o i.:ered. a} rt, to .ne at. luated Per ir,� +.y:. D. Prrns tien�3lys � ycu _e,, ua3t e£iec.ive: Personnel at all s v. - .cogniee [ Smprovement. car -e is rsd cr 2t nexxmau incentives ter expanded to revia for ther Vach3 mue' e::ddaned ;u�t o- e-.tce tr-:•_ --.c reduce huarver, Therefore ire z' utilisatio:, pTfnasonns'.. till: Review ane. it:trove Perfonnwe 12.nt ug )1suoS is u r Job teehrieues, to Insure Tear arc. ;.-• sides+�� .t -cam t q ." = tetM..it vi ^Mora* it' Vas erd_ ...:n baP r -utslde search is un'l$ l - t :Or advancement throagh tirarsTar .r tan, to `_eri,.a better op_o:^csct+ Of the City; '. Promctaa it cv-r_:•: em..:v:etz IePtove '= e:4ano in-3enice z, -._ng ]astitcSLor . ':-{'Lig all vets; i for Ci iy larsoare: L' iftb`iC': _n 1mPrEV'e ElGila all levels; — at Identify rad .actively ance encourag -,..-':iTied cm ynzltP.`.::ola -,erl t`_ex oos tomes to : they mate l,.ui:'.tivet technical, - ::rofeasion::. positions wharfi they .va<: yre3e: r:'g :•e ..viler +,r.ed; Analyze and restructure jobs ,ret:; oresaniv ^avidY ._ nitie3 for _::ivoncemsut, - - -axe:: opPurtu- clerical z : service eM CO"''t^ ct "bridge '? betnee¢ e :owar�level SItl.11edv a:tt: dminlst�ative�ms e:ore r:.e .'sable icor:.?al, Pos', the )•II. ;311MM AUDIT AFv WAIUATIi4 1. The City A. 1- motain such re.m :;. ae needet. Tor cac :et:_;n of the State and local Gortrearrwent L-Soraation Repo: (p;oy)e at er_1.:..a emh recoria of Pereonnal tran9ebim, as are seeded tr monitor &;. evolurte Sts recruitment, selection, promotion' demotion, and v:graii� grey, scoxdL�g to functions Jeb category, race, sex, ay nay rryle. to 2. The City An carsfhlly review its annual MB Reports, together with such cats on applicants for employment and candidates for promotion or transfer, at such times as is necessary to properly evaluate program effectiveness. 3. Where the City Y.anrger finds that no significant progress has been media i improving the utilization of minorities and women in selected jot catagories, pay ranges, or functions L -,-=Pits of what may reasonably be expected ly their respective qua iftcatiouc xd availability, the nature and extent of such deficiencies will be promptly identified and appropriate corrective action will be recommended to the City Cpueil. 4, The City Council will at such time act upon 't - Cit F;mag.erfs recommendations by requiring such further action as in its j•signent All `.est advance and enforce its policy of equal employment opportunity, . 'rovide for the attainment of such specific numerical goals as the City -.cue 1 Mall determine will represent proper utilisation of minorities [at mi_n in City emplcmant, A� 9:4>.OP.: CITI- w PROFITS OF 6tPIl = PEMMS 4 Tut:O. male % Female $ Ir={,xo% kner. C Racer 08icials/AdOLastrators l,il; 1,174 33.0 240 17.0 0 0.0 O 0.0 0 0.0 PmTaeslonals 1,934 .64 50.9 950 49.1 _ 0.3 10 0.5 9 0.4 Tecbntciaru 105 S9 34.7 -S 15.3 Protective Services lq,' 192 97.4 5 2.5 0 O.0 0 010 0 0.0 Para-ProYeasionat= 10501 1.038 69.1 !.5^ 30.8 14 0.) 13 0.8 9 0.6 Oface/clerical 2052 639 29.3 1,66.',. '10.7 .. O.Ol1 6 0.3 11 0.4 Skilled Craft 1120; 1714 93.2 1,12 6.8 to .c. 5 17 1.4 4 0.3 Sernca/Eatntena,ce ^^„!.2o- 11762 52.0 116,4 48.0 f70 0.6_ 0 0.0 4 0.1 TOTluS 71072 58.2 5106: 41.7 5? 9.48 48 0.4 37 0.3 C :.reluded in category S Work Force: 1) V..ate (Inclining Spa,. A.:er.): 22,039 2) 13: e: 71072 3) Ymale: 51063 5) liner jaaces: 37 (IM%1nLl.l,l: mental w... �LIeAcm Toth il) Source: e.:. Census (1970) 7�'A�ZX B!� CIW OF BANCO2: PPAP_� a DST,. F53:� 4 0£ Nhi.te p of City- :Vhite. m .;F City- Negro 'Pw) % 03 City _ city Lala Rota uido% Female Total I( a f. .ota Ofaaials%Bdm strator.o 2.0 26 v9.6 DS.D 10.3 1'7.0 0 010 .,. [; Professionals 2.5 37 '74.c 50.9 13 26.0 49.1 0 0.0 n.3 c Technicians 52 49.5 43 9 17.3 15.3 - - V Protective Ser cee ...... 59.5 S17 99.(! 97.4 1 1.0 2.5 0 OA 0.0 [ Para-Pm4esaionale X- 1.3 20.0 6>.1 15 75.0 30.8 i 5.0 D.9 r efriee/clerics 3.8 333 29.3 59 65.0 70.7 1.1 0.04 b Stalled Orat ..., 8.9 'i V7 - 19.0 ic.2 0 010 6.8 .. 1.0 1. . Senlcej!2ei::tecaxe .':55 4.5 y. >3.5 :;2.: 9 5.8 40.0 1 D.6 0,., 7i12 5.1 M 2_.. 3.21 ; 17.5 41. , 0.5 e✓R . 'mclWeC 'i. actedor+ gorl Force; it I8 te: l+slef 509 Ferale: 109 2) :'agra; 4 (i flae. i. Finale) 3) 3pmish kneriva; 4) Other fumes: :Ione _