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/
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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
_