HomeMy WebLinkAbout1975-09-22 360 AC RESOLVE360 AC
♦ - Introduced by Councilor Bigney, September 22, 1975
CITY OF BANGOR
(nTW hyt> Assuring Compliancewith Department of Commerce Regulations
under- Title.Yl..cf..the..Giffi..Righta'Act.. DC -1964..... ........................... ..... ...._...._.._....
.______._.
By m CIty Comeii slW C.fyefBanger.
BBSCLVBB THAT, the City of Bangor wishes to make application for Federal
Assistance unser Title X of the Job Opportunities Program; Audi
WHEREAS, 24 CFR Pert 8 requires that certain assurances be given by the City
of Bangor with regard to Title VI of the Civil Rights Act of 1964.
NOW THEREFORE D6 IT RESOLVED, by the City Council of the City of Bangor that
Me City of Banger will warrant, eo enant, agree, assure and undertake as a
recipient of Federal financial assistance from the Economic Development Adminis-
tration for the Kenduskeag Stream Perk Development Project, end will supply with
Title VI of Me Civil Ruta Act of 1964 (Public Law 88-352), and with the require-
ments imposed by or pursuant to regulations issued for the Department of Commerce
and designated as Pert 8 of Sub Title A of Title 15 of Me Code of Federal Engels -
these, to the and that no person in the United States shall on the ground of race,
color or national origin, be excluded from participation in, be denied the benefits
of, or be otherwise subject to discrimination under any program or activity for
which Me City of Bangor receives financial assistance from BDA; and hereby
further gives assurance that it will immediately take Any, measures necessary to
effectuate this agreement. In accordance with such assurances end. without limiting
Me above, the City of Bangor agrees:
1. That it will out engage in the discrimination prohibited in Section 8.6 (a)
of the Department's Regulations as applicable to its program, and in any
prohibited act or course of conduct with respect thereto as further described
in Section 8.4 of the Department's Regulations.
2. That as to employment practices it will take the actions specified in
Section 8.5 (b) (2) of the Depavtnent'a Regulations.
3. That it recognises its obligation for compliance with Title VI of the
Regulations extends not only to its direct activities but also in accord
with Section 8.5 (b) (4) of said Regulations to assure that, where Applies-
ble, the contractors, subcontractors, suppliers, lessees, and other parties
directly participating in the City of Bangor's project will comply with
Title VI of the Regulations with respect to such project. To that and,
L
the city of Banger agrees) (a) that it will obtain as part of its con-
treetoel am engemente with such, parties, as a minimum form of assurance,
their agreement in writing that ouch paitlea, the r aselgneea and success -
Was
"during and in connection with the associated agreement relating to the
Federally assisted program, (i) will comply, to the extent applicable
-as contractors, subcontractore,lessess, suppliers, or in env other
capacity, with the applicable provisions of the Regulations of the
United States Depar+ment of Conserce ( Fart B of Subtitle A of Title
15 of the Code of Federal Regulations) Issued pursuant to Title VI
of the Civil Rights Act of 1964 (P.L. 88-392), and will not thereby
discriminate against any person on the ground of racer color,. or
national origin in their employment practices, In any of their can
Contractual arrangements, In all services or accommodations which they
offer to the public, and in any of their other business operations,
(13) they will provide the Information required by or pursuant to
said Regulations to ascertain compliance with the Regulations and these
assurances, and (111) their noncoamliance with the nondiscrimination
requirement of said Regulations and these snowshoes shall constitute
a breach of their contractual ar ecareants with the Recipient whereby
said arrangements may be cancelled, terminated or suspended in whole
r in pert or may be subject to enforcement otherwise by appropriate
legal proceedings";
(b) that it will secure the Caaplience, and assist and cooperate actively
with EDA in obtaining and enforcing the eomplim d contracting
Fr—ties with the nondiserimination required by the Act and Regulations and
their.respeetive contractual arrangements, and in We event the City of
Bangor becomes involved in litigation with a non -complying party, it may
request EDA to enter into such litigation to protect the interests of the
United States 1n the enforcement of these obligations; and (c) it will obtain
and furnish to the Assistant Secretary for Economic Development euch.infor-
nation as he may require for the supervision or securing of ouch Compliance.
4. That where EDA's financial assistance to the City of Bangor Is to provide:
(a) real Property or structures Wereon,the City of Bangor's assurances
shalt be in=arhZ a per oil a ung which the real property o
structures are used for a purpose for which the assistance is extended or
for another purpose involving the provision of similar services or benefits;
(b) personal property, the assurances shall be in effect for so long as
the recipient retains ownership or possession of the property, but in any
event the time ahall rat be less than the tetra of the loan and any exten-
sions thereof, and (c) env other type or form of assistance, the assurances
shall be in effect for the duration of the period during which the assistance
is extended to the program.
5. That any failure by the City of Bangor to comply with these assurances shall
'constitute -a breech of the agreement under which the City of Bangor receives
financial assiatuwe from RM, Wet in such was of breach the Government
F
may refuse to make further disbursements under said agreement, may accelerate
the maturity of the Recipient's financial obligations to the Department, and
may take any other enforcement or remedial action or remedies provided in
the Act and the iepartmeat's Aegulatione or otherwise by law, which action
shall he severable and cumulative; and that the enforcement by the Govern-
ment of cine or more rights shall not be prejudicial W its right to obtain
:judicial relief and/or take any other sotionaveilable under the Act, Reg-
.
Mations, and City of Bangor's agreements with the Capartment.
- 6.
That it will comply with the provisions with Section 112 of P.L. 92-651
Public Works and Econess o Development Act Amendments of 19'11, which atatee
that:
"No pardon in the United States shell, on the ground of sex,
be excluded from. participation in, be denied the benefits of,
or be subjected to discrimination under say program or
activity receiving Federal financial assistance under the
Public works and Boccaccio Development Act of 1965."
7.
Twat these assurances shall be binding upon the City of Bangor, its grantees,
assignees, transferees, lessees, and successors in interest.
S.
The City Manager is hereby authorized to execute on behalf of and W bind
the City of Banger to, the 'Assurances of Compilence with the Ispartment of
Commerce AegulaLioun under Title W of Us Civil Rights Act of 1964" (Form
B 503) and the Addendum thereto.
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IN CITY COUNCIL 3CO %
September 22, 1975
arise R E s o L V E 77
CITY CLR
�J 1 -RECEIVED
8 - CITY OF BANGOR
CITY O!ERW': OFFICE
Asaucin9 Cfan e ite. elar nt of °t5 SEP 19 AH 8 U
Ce erce. Regulations under le VI of
the Civil Ri9bta Act of 1964.
S