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HomeMy WebLinkAbout1975-06-23 262 AC ORDER262 Introduced by Councilor Bigney, June 23, 1975 CITY OF BANGOR (TITLE) ftgrr, --Adoptionof Section.3 AfflnuativoAction. Progrem By the Qty CAVI011 Of the City ofBaypor: ORDERED, THAT Section 3 of the Housing and Urban Development Act of 1968 requires that employment opportunities be made available for businesses and lower income persons located in project areas receivinA financial assistance from the U. S. Department of Hoaxing end Urban Development; and WIidiEAS, the City of Bangor anticipates the receipt of each financial assistance from the Department of Housing and Urban Development. NOW THEREFORE BE IT ORDERED, By the City Council of the City of Bangor teat it is necessary to enforce and poemote the poloy of Section 3 of the Housing and Urban Development Act of 1968, and to that end, the "City of Banger Affirmative Action Program (Section 3 ), on file with the City Clerk is hereby approved and adopted. IN CITY COUNCIL - 262 AN June 23,$1975 - pa¢sea. '" 0 A 0 E R Title, ' .CITY CLE Adoption of Section 3 Affirmative ..................................... Action Program. ..................... :n:OdYC¢a and_Zled by O Ci1Nan CITY OF BANGOR AFFIRMATIVE ACTION PROGRAM (SECTION 3) I. Affirmative Action Policy and Scope The City of Bangor reaffirms its desire to provide to the greatest extent feasible the opportunity for training and employ- ment of lower income persons xeeiding within geographic areas des- ignated as Section 3 covered projects (those projects which are nexempt and assisted by Programs administered by the Secretary of FMD). It further reaffirms its desire to the greatest extent feasible, that it will require work performed in connection with Section 3 covered projects be awarded to business concerns, individuals, or firms which are located in or owned in substantial part, by persons residing in the areaof such projects. II. Dissemination of Policy: To insure that this policy is understood by all current and potential employees and given the widest Possible exposure to the project areas end throughout the Coomunity the City of Bangor will: a. Incorporate in all Section 3 covered project contracts for work a clause stating that the work under the contract is on a project assisted under a program providing direct federal financial assistance fron the Department of Housing and Urban Development and that it is required to the greatest extent feasible that opportunities for training and employment of lower income residents of the Project area be provided. The exact language of such clause is set forth in Title 24, Pert 135.20 of the Code of Federal Regulations. b. Require all contractors to poet notice$ of these obligations in conspicuous places available to employees and applicants for emplayment or training. e. Attempt to recruit from the appropriate areas lower income residents through local advertising media, signs placed at project site offices and community orgeniaations or public and private institutions operating within the project areae. d. Maintain a registry of business concerns within project areas and insure that the appropriate business concerns are notified of pending contract opportunitiee either personally or through locally utilised media. e. Include in each contract a clause requiring the purchaser, lessee or redeveloper to assume the sane obligation es a Contractor is required to assume, when the City of Bangor sells, leases, or transfers land upon which improvements are to be made. III. Implementation of Policy: Ridding Requirements: when a bidding procedure is used to award a contract, the invitation for bids shall advise prospective contractors 3 that prier to signing of a contract, a preliminary statement of work force needs moat be provided where known: where not known, Such infor- mation must be provided prior to signing any contracts between contras - tors and subcontractors. - When a contract is awarded by negotiatfons, the prospective con- tractor will be advised of this requirement as part of the contract specification. N. contract Execution: Contractors will be advised of their obligation to utilize the maximum number of person in various training categories in all pieces of their work. This obligation includes filling vacant training positions with lower income project residents except for those positions which remain vacant after a good faith effort has been made to fill them with eligible lower inoone project residents. Contractors will be advised of their obligation to utilize lower income projeot residents as employees to the greatest extent feasible. To implement this Val, contractors will identify the number of positions in the various occupational categories which are occupied by permanent employees and those which are not occupied by permanent employees. Contractors will be required to make a good faith effort to fill all positions not occupied by permanent employees witb lower income project residents, provided their qualification are satisfactory. Every contractor or subcontractor shall incorporate in all contracts for work the following clause (referred to as a "Section 3 Clauee"): 4 "a. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Depertment of Housing and Urban Develop - sent and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1965, as amended, 12 U.S.C. lMlu. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to, this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Seoretary of Housing end Urban Development set forth in 2( CFA 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. the parties to this Contract certify and agree that they are under no contractual or other disability which would prevent then from complying with these requirements. c. The contractor will sena to each labor organization or repre- sentative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workersrepresentative of his commitments under this Section 3 clause and shall poet copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the appliaant for or recipient of Federal financial asaistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unleee the sub- contractor has first provided it with a praliciasry state - sent of ability to comply with the requirements Of these .regulations. a. Compliance with the provisions of Section 3, the regulations set forth in 24 CPR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, sed assigns. Failure to fulfill these requirementsshell subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by thegrantor loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFA 135." V. Utilizing Project Area Businesees: Tne City of Bangor affires that to the greatest extent feasible, contracts for work to be performed in connection with Section 3 covered 0 projects will be awarded to business concerns within the project area or business concerns owned in substantial part by persons residing in the project area. To achieve this goal, the City of Bangor will prepare a schedule of the number of dollar value of all contracts proposed to be awarded over the duration of the project. The Authority will catalogue all business concerns within the project area doing business in oeoupations identified as needed to carry out the propoeed contracts. In order to ensure that these businesses have an Opportunity to be awarded contracts during the life of the project the City of Bangor will take the following steps: a. Insert in bid documents, notification of caapliance with HW Affirmative Action Program requirements. b. Identify within the bid documents the applicable project area covered by the Affirmative Action Program. c. Notify appropriate. business concerns in the project area of the pending contract opportunity either personally or by letter. d. Require bidders to submit their Affirmative Action Plans for hiring lower income project residents as trainees or employees. when evaluating each bid, the City of Bangor will determine the bidder's responsiveness in meeting its Affirmative Action Plan. VI. Grievance Procedure: Any lower income resident ofthe project area, for himself or as a representative of persons similarly situated, seeking employment or y training opportunities with a Contractor, or subcontractors, or any business concern located in, or owned in substantial part by persons residing within a project area seeking contract opportunities from any contractor or subcontractor, for itself or as a representative of persons or firma similarly, situated, may personally or by an authorized repre- sentative file a grievance alleging non-conplienee with the Affirmative Action Program. Grievances should be filed with the HUD Regional Office, HUD Area, Office or F.H.A. InsurIM office. In the case of the City of Bangor the grievance should be filed with the Manchester, New Hampsbire Area Office. The City oP Bangor will assist persons or firms in preparing the content and form of grievance to be filed under the Affirmative Action Program.