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HomeMy WebLinkAbout27-78 RESOLUTION• • RESOLUTION NO. P7-73 • A RESOLUTION ESTABLISHING AN AFFIRMATIVE ACTION PLAN FOR THE CITY OF FAYETTEVILLE, ARKANSAS, RELATING EXCLUSIVELY TO PROJECTS FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, it has come to the attention of the City of Fayetteville, Arkansas, that a need exists for an Affirmative Action Plan providing policies and procedures to assure the compliance of contractors and subcontractors using Community Development Block Grant Funds with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 170 LU.; and, WHEREAS, it is the desire of the City to establish a policy to provide employment and business opportunities for businesses within or owned in substantial part by persons resid- ing within the corporate limits of the City of Fayetteville. NOW,THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of Fayetteville, Arkansas, that the Section 3 Affirmative Action Plan marked Exhibit "A", attached hereto and made a part hereof, is hereby approved and adopted by the Board of Directors of Fayetteville, Arkansas. PASSED AND APPROVED this day of April, 1978. B � :f \ LCITY'j %'AT : T.0 o ri'FE Jim • 47:7=OR l�n�o -*spei MICROFILMED. DATE OCT s REEL I • • • SECTION 3 AFFIRMATIVE ACTION PLAN CITY OF FAYETTEVILLE • Affirmative Action Plan of the City of Fayetteville, Arkansas, relating ex- clusively to projects funded by the Community Development Block Grant Program. I. Introduction Purpose: The purpose of this Affirmative Action Plan is to set forth policies and procedures that will be implemented by the City of Fayetteville, Arkansas, hereinafter referred to as the City, to assure the compliance of contractors and sub -contractors using Community Devleopment Block Grant funds with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 170 LU. Policy Statement: It will be established policy to provide employment and business opportunities for businesses within or owned in substantial part by persons residing in the Section 3 covered project and lower-income residents of the same areas promulgated in the Section 3 clause. Project Boundaries: The Section 3 covered project area boundaries for the purpose of the Community Development Block Grant Projects are the corporate limits of the City of Fayetteville. Definitions: 1) Business concerns located within the Section 3 covered project area Those individuals or firms located within the relevant Section 3 covered project area, listed on HUD's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. 2) Business concerns owned in substantial parts by persons residing in the Section 3 covered project area -- Those business concerns which are 51 percent or more owned by persons residing within the relevant Section 3 covered project area, owned by persons considered by the Small Business Administration to be socially or economically disadvantaged, listed on HUD's registry of eligible business concerns, and which qualify as small under the small business standards of the Small Business Administration. 3) Lower income resident -- A person who resides within the corporate boun- daries of the City and whose personal income does not exceed 90% of the medium income in the Washington County area. The Little Rock Area Office of HUD has established that $7,850 is the ceiling level. 4) Section 3 covered project -- In this particular case, any nonexempt pro- ject funded by Community Development Block Grant Funds must be responsive to Section 3 requirements and, as a result, are Section 3 covered projects. RESOLUTION NO.77-78 A RESOLUTION ESTABLISHING AN AFFIRMATIVE ACTION PLAN FOR THE CITY OF FAYETTEVILLE, ARKANSAS, RELATING EXCLUSIVELY TO PROJECTS FUNDED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. WHEREAS, it has come to the attention of the City of Fayetteville, Arkansas, that a need exists for an Affirmative Action Plan providing policies and procedures to assure the compliance of contractors and subcontractors using Community Development Block Grant Funds with Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 170 LU.; and, WHEREAS, it is the desire of the City to establish a policy to provide employment and business opportunities for businesses within or owned in substantial part by persons resid- ing within the corporate limits of the City of Fayetteville. NOW,THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of Fayetteville, Arkansas, that the Section 3 Affirmative Action Plan marked Exhibit "A", attached hereto and made a part hereof, is hereby approved and adopted by the Board of Directors of Fayetteville, Arkansas. PASSED AND APPROVED this day of April, 1978. A_TTrST CITY 'LL''Y. YO tc- f to • 5) Section 3 exempt project -- Regardless of funding level, no Community Development Block Grant funded projects are exempt from Section 3 re- quirements. II. Affirmative Action Plan A. Utilization of lower-income, Section 3 covered project area residents as: 1) ApprenticeWTrainees -- The City will require that all contractors and sub -contractors subject to Section 3 regulations will provide, prior to signing a contract, a preliminary statement of workforce needs to include trade and job classifications. A standards form will be provided by the City to record this information. In addition, the contractors and sub-contractorsiwill be required to use the criteria set forth in 135.40, 135.45, and 135.50 of the Section 3 regulations apprentice/trainee recruiting and hiring requirements. 2) Employees -- The City will require that all contractors and sub- contractors subject to Section 3 regulations will provide, prior to signing a contract, a preliminary statement of work force needs to include trade and job classifications, on a standardized form to be provided by the City. In addition, the contractor and sub -contractors will be required to use the criteria set forth in 135.55 and 135.60 of the Section 3 regulations regarding recruiting and hiring requirements. B. Outline of the anticipated program to be used to achieve the goals for each category noted above. 1) The AAP will be included inthe bid documents. 2) The Section 3 covered projects will be identified in the bid documents. 3) Contractors and sub -contractors will be notified of their obligations to utilize lower income Section 3 project area residents as trainees and employees to the greatest extent feasible. 4) Whenever applicable and possible the contracting officer will bid or negotiate contracts by trade to maximize participation of small con- tractors of the Section 3 covered project area. C. Process to Secure Cooperation 1) City Officials will meet with all interested contractors and sub- contractors prior to contract approval to insure their understanding of and cooperation with the AAP. 2) During the above session, particular emphasis will be placed on describing Section 3 obligatory provisions concerning training and employment op- portunities for low income residents of the Section 3 project area, utilization of business concerns located in or owned in substantial part by persons residing in the Section 3 project area, and contractor re- quirements concerning their labor organization relationships. 3) The City will pursue its obligation as set forth in 135.300 of the Section 3 Regulations. D. Step to Insure Notification of Pending Contractual Opportunities: 1) Attempt to recruit from the Section 3 covered area the necessary eligible business concerns through local advertising (media) and signs placed at the proposed sites. 1 -3- 2) Inform local, public and private, community agencies and institutions about potential business opportunities in the projects for small businesses of the community and firms owned by residents of the com- munity. 3) Contact all potential bidders of proposed projects and apprise them of the need to utilize to the greatest extent project area of business concerns owned in substantial part by individuals living in the Section 3 project area. 4) Refer qualified and interested small businesses and firms either lo- cated within the Section 3 project area or owned in substantial part by residents of the City to the prime contractor, the contracting officer of the City, or contractors who proposes to sub -contract portions of the work. 5) Measures will be taken to insure that the appropriate eligible business concerns will be notified of pending contractural opportunities. How- ever, once a registry of eligible business concerns is established by DHUD, in consultation with the Small Business Administration, contracting those listed concerns will constitute satisfactory compliance with DHUD re- quirements regarding notification procedures. E. Steps will be taken to insure that contracts will be let in accordance with local and state statutes. F. Once competitive bids are solicited, bidders are required to submit manpower and business utilization goals and possibly an AAP for accomplishing those goals. Whether the submission of an AAP will be necessary will depend on DHUD determination. Whatever the outcome, the City will carefully evaluate the submission(s) of contractors and sub -contractors. G. The City will continue to work closely with DHUD Little Rock Area Office in an attempt to affirmatively pursue the completion of these projects. H. The City will also make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to eligible businesses within each noted category as well as to maintain a good faith effort to implement its AAP. A monitoring/evaluation system will be undertaken to make certain that compliance with afore stated paragraphs C, D, E, and F is being adhered to. Where the nature of a project limits the number of potential contractors to one party, the City will not pursue the advertising of such a project as outlined in this Plan but will merely contract with the party in question. • 4 RESOLUTION NOV"-lie A RESOLUTION EXPRESSING THE INTENTIONS OF THE FAYETTEVILLE BOARD OF DIRECTORS IN THE EVENT A LOCAL SALES TAX BECOMES EFFECTIVE IN THE CITY. WHEREAS, the Board of Directors has submitted to the electors of the City the question of levying a local sale and use tax; and WHEREAS, the Board of Directors deems it desirable to express its intentions regarding other taxes and regarding use of sales tax proceeds in the event said tax is approved by the electors of the City. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS that in the event a local sales and use tax becomes effective in the City of Fayetteville, the Board of Directors hereby expresses its intention to: • (1) Immediately repeal the existing occupation . license tax. (2) Immediately decrease by 1% the franchise tax collected from residential and commercial customers of Arkansas Western Gas Company, Southwestern Power and Electric Company, and Ozarks Electric Cooperative Coorporation and decrease by 1% the franchise tax collected from Cable Television subscribers of the Warner-TVC Corporation; (3) Suspend collection of the two mill special tax levied on real and personal property in order to pay the principal of and interest on City of Fayetteville General Obligation Improvement Bonds in the principal amount of $800,000 issued for the purpose of financing the cost of, constructing an expansion to the library and improvements to the City's parks; (4)(a) To commit the first available funds from the proceeds of a local sales tax to provide financial assistance to the Fayetteville City Hospital as previously approved by the Fayetteville Board of Directors and to complete the aforesaid library expansion and parks improvement programs previously approved by the electors of the City. (b) If excess sales tax proceeds are available, to use said proceeds for street reconstruction and major street needs; (c) After major street needs are provided for by the establishment of an ongoing street program, to use sales tax proceeds for park system improvements and for public safety needs, such as fire and police protection. PASSED AND APPROVED THIS I1 DAY OF APRIL 1978. APPROVED: MAYO ATTEST: citt.tua, LLC4. ,4-F/r" CITY CLERK Gid rf�'�o-�`ro