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HomeMy WebLinkAbout120-84 RESOLUTION• 11 • RESOLUTION NO. 120-84 -1SCANf[D 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 residing in the Fayetteville area land lower income residents also residing within the corporate limits of the City of Fayetteville as set out in Exhibit A" attached hereto, the same being the Section 3 Affirmative Action Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the City of Fayetteville, Arkansas, that a need does exist for an Affirmative Action Plan and that said plan is hereby approved by the Board of Directors. PASSED AND APPROVED this 16• day of October, 1984. igdz)7,e(/ PAUL R. NO AND! MAYOR • • Section 3 AFFIRMATIVE ACTION PLAN for CONTRACTORS AND BUSINESSES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FAYETTEVILLE, ARKANSAS October, 1984 Exhibit "A" • • AFFIRMATIVE ACTION PLAN FOR CONTRACTORS $ BUSINESSES COMMUNITY DEVELOPMENT PROGRAM Purpose and Policy Statement The City has adopted a Section 3 Compliance Plan which is designed to further the objectives of maximizing opportunities for employment, to the greatest extent feasible, for low -and moderate -income persons living in the City or for businesses and/or firms located either within the City or owned in substantial part by residents of the City. This Addendum to the Section 3 Compliance Plan provides for making current the City's aspira- tions for affirmative actions relative to contractors and businesses who will or may be utilized during the Community Development Block Grant Pro- gram Tenth Year Grant. The City remains cognizant of its objectives and intentions related to carrying out goals and objectives of the Section 3 Compliance Plan and remains available'to assist all contractors who under- take federally -assisted projects in the City in developing plans and pro- cedures for guiding their individual activities. This effort is undertaken by implementation of a series of policies that are herein reaffirmed, as previously established, by the City. (1) To act as an Equal Opportunity Agency in employment and contracting activities. (2) To cause every contract with the City to include the Section 3 Clause as defined in the Section 3 Compliance Plan. (3) To show that all recipients, contractors, or subcontractors undertaking • work in connection with any project utilize lower-income residents trainees to the greatest extent feasible. (4) To show that all recipients, contractors, and subcontractors under- taking work in connection with a project utilize lower-income City residents as employees to the greatest extent feasible. (5) as To assure that to the greatest extent feasible contracts for work to be performed in connection with a project are awarded to business con- cerns located in the City or business concerns owned in substantial part by persons residing in the City. B. Public Entity The entity promulgating this plan for affirmative action relative to con- tractors and businesses is the City of Fayetteville, Arkansas, referred to herein as the "City". In its capacity as a recipient of direct Federal financial assistance through the Department ment, including Community Development Block of Housing and Urban Develop - Grants under provisions of Title I of the Housing and Community Development. Acts of 1974 and 1977, the City is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12USC170LU); and the City has HUD in its applications as relates to such compliance. C. Methods for Achieving Goals To make sure that effective is effectuated and to carry made assurances to implementation of the Section 3 Compliance Plan out policies as described above, the City will • • cause several actions to be undertaken. This should help insure achieve- ment of goals for utilization in contracted work of Section 3 businesses. Among these activities will be the following: (1) The City will adhere to a policy of awarding contracts to businesses located in the City or owned in substantial part by City residents to the maximum extent feasible and as permitted by Arkansas State Law. (2) The objectives of expanding employment opportunities for residents of (3) the City and business opportunities .for those located in the City or owned in substantial part by City residents will be discussed with prospective bidders for site improvements and/or other contracts. The City will indicate to each the necessity for preparing an Affirmative Action Plan and for employment to the maximum extent feasible of City residents. The City will require competitive bidders to submit their utilization goals; in evaluating each bid, the City will determine the contractor responsiveness and the capacity of his Affirmative Action Plan to ac- complish stated goals. (4) The City will require each contractor or subcontractor to insert in the bid document the Affirmative Action Plan. D. Demonstration of. Good Faith Effort The City shall cause each applicant, recipient, contractor, or subcontractor • undertaking work in connection with our Program to make a good faith effort to achieve stated goals or targeted numbers of employment. A good faith effort will be demonstrated by implementing the procedures and methods as fully set forth in the Section 3 Compliance Plan. Each applicant, recipient, contractor, or subcontractor will also demonstrate a good faith effort by attempting to recruit from the appropriate area the necessary eligible business concerns through the various advertising media, direct personal contact, through service agencies, State employment service, or similar/ other locally available means. These shall be methods for achieving the Plan's employment goals and for demonstrating good faith efforts. E. Information and Reporting In order to assist the City and the Secretary of the Department of Housing and Urban Development in assessing the effectiveness of the Affirmative Action Plan, a series of requirements are established for the maintenance of records and preparation of reports. These involve the following: • (1) The City will incorporate in all contracts for work in connection with a Section 3 covered project, the so-called Section 3 Clause, as out- lined in the City's Section 3 Compliance Plan. (2) The City will require of prospective contractors prior to the signing of the contract a preliminary statement of work force needs as des- cribed in the City's Section 3 Compliance Plan. (3) The City shall require contractors and subcontractors undertaking work • to develop and make available documentation indicating that each has fulfilled his obligations to utilize lower-income City residents as trainees to the greatest extent feasible by taking actions described in the Section 3 Compliance Plan. (4) The City shall require each contractor or subcontractor undertaking work to maintain documentation indicating that he has fulfilled his obligations to utilize lower-income City residents as employees to the greatest extent feasible by taking actions as described in the City's Section 3 Compliance Plan. F. Number and Dollar Value of Contracts to be Awarded During the Tenth Year of the Community Development Block Grant Program, the City will enter into the following anticipated contracts with the specified or estimated dollar amount: Street Improvements - 5 @ estimated total $219,900 G. Availability of Eligible Business Concerns Within the City The City has selected or will select several firms or individuals to assist in areas such as engineering and contracting. The firms or individuals and area of responsibility are indicated as follows: Contracting - McClinton -Anchor Inc., a local asphalting company has been selected for the Bailey/Butterfield project. Contracting - Jerry D. Sweetser, Inc., a local contractor, has been selected for the Lytton/Blair/Mashburn concrete work. -5- • • • • To the greatest extent possible, the City has or will select local contrac- tors/businesses to assist in several areas. Of the site improvement and construction contracts anticipated to be awarded or as awarded, it was and remains the intent to solicit bids from available, local firms for project undertakings. Based on previous experience,the City does expect to receive responsible bids from local or area businesses and contractors on several of the anticipated contracts, and the City will strive within legal limits, to award contracts to local concerns. As indicated in the Section 3 Compli- ance Plan, all contractors and businesses listed herein shall take steps • necessary to comply with the provisions of Section 3 of the Housing Act of 1968.