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.