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HomeMy WebLinkAboutCC RESO 12,853RESOLUTION NO. 12,853 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, SETTING FORTH ADDITIONAL POLICY OF THE CITY OF NATIONAL CITY IN SUPPORT OF SECTION 3, AFFIRMATIVE ACTION, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, Section 135.70 of the Regulations of the Secretary of the U. S. Department of Housing & Urban Development set forth in 24CFR135 issued pursuant to Section 3 of the U. S. Housing & Urban Development Act of 1968 provides for Affirmative Action for training and employment of low income residents and for contracts awarded to businesses located in or owned by local project residents; and WHEREAS, the City of National City, California, has made formal application to the U. S. Department of Housing and Urban Develop- ment for assistance under the Housing and Community Development Act of 1974 as amended, and WHEREAS, the City of National City will be utilizing U. S. Department of Housing and Urban Development Programs to enhance the social and physical environment of the community, and WHEREAS, the Secretary of the U. S. Department of Housing and Urban Development is mandated to administer the National Policy of Affirmative Action in the program activities of said Department in a manner which will further the policies of Affirmative Action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the City of National City, California hereby declares its commitment to promote Affirmative Action by adoption of the document entitled "Section 3, Affirmative Action Plan, City of National City, California which document is marked Exhibit "A" and is attached hereto and incorporated herein. SECTION 2. That the City Clerk is hereby instructed to disseminate the adoption of this Resolution as required in said Exhibit "A" and to disseminate this Resolution in public buildings where appropriate. SECTION 3. That the City of National City, California will use its good offices in an attempt to resolve claims in connection with Affirmative Action. PASSED AND ADOPTED this 26th day of September, 1978. ATTEST: Ione/Campbell, Cit Clerk i E SECTION 3 AFFIRMATIVE ACTION PLAN CITY OF NATIONAL CITY, CALIFORNIA (Contracts over $100,000) AUTHORITY This Section 3 Affirmative Action Plan for employment and business opportunities has been prepared by the City of National City, California, pursuant to Section 135.70 of the Regulations of the Secretary of Housing and Urban Development set forth in 24CFR135 (published in Vol. 35 Federal Register 29220, October 23, 1973) issued pursuant to Section 3 of the Housing and Urban Development Act of 1968. PURPOSE The purpose of this plan is to comply with these Section 3 requirements so that to the greatest extent feasible, opportunities for training and employment shall be given to lower income residents, (of Community Development Block Grant (CDBG) assisted project areas), and that contracts for work in connection with such projects be awarded to businesses located in or are owned in substantial part by local (project area) residents. 1. DEFINITION OF TERMS Lower income resident - a person residing in the CDBG project area within National City, California, whose annual income is less than 80 percent of the median income in the Standard Metropolitan Statistical Area which is $10,133 per year. Project Area - Priority shall be given to persons living within the City's Impact Area more clearly defined as that portion of the City which is located in Census Tract Numbers 114, 115, 116, 117, 118, 120, 121, 122 and 32.04. Project Area Business - Those business firms that are located within the project area or those firms which are 51% or more owned by persons residing within the project area. EXHIBIT "A" Contractor - Any entity which performs work for the City in connection with the CDBG program. Sub -Contractor - Any entity (other than a person who is an employee of a contractor) which has agreed or arranged with a contractor to under- take a portion of the contractor's obligation in the performance of work in connection with the City's CDBG program. PROGRAM ACTION ELEMENTS A. To facilitate compliance with the Section 3 regulations on CDBG funded contracts, the City shall initiate the following actions to insure utilization of lower income project residents as employees or trainees. 1. The City shall establish and maintain a directory of service organizations, job referral agencies and manpower training programs operating within or servicing project area residents. 2. The City shall disseminate this Affirmative Action Plan to those agencies and organizations listed on the above referenced directory, as well as to contractors organizations and labor unions. 3. The City shall disseminate its Affirmative Action Policy to the public via news media sources that serve project area residents. 4. The City shall incorporate its Affirmative Action Policy in all invitations or advertisements to bid on CDBG funded projects. 5. The City shall incorporate the Section 3 clause in all contracts for work. 6. The City shall incorporate their Affirmative Action Plan in all contracts for work. 7. Prior to the award of a contract, the City shall require the prospective contractor to submit a signed assurance that he will comply with Section 3 regulations and requirements of this plan. 8. Prior to the signing of a contract the City shall require the prospective contractor to provide a preliminary statement of work force needs including training positions. -2- 9. The City shall provide the directory of organizations and agencies serving project area residents to the contractor for use in recruiting needed labor. 10. The contractor shall notify these community organizations of available employment opportunities and shall maintain records of response from these organizations. 11. The contractor shall make continual personal recruitment efforts directed at all service organizations, schools with lower income resident students, recruitment organizations and lower income resident training organizations with which he is familiar. 12. The contractor shall maintain a file of the names and addresses of each low income resident worker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefor. 13. The contractor shall promptly notify the City when the union(s) with whom the contractor has a collective bargaining agreement has not referred to the contractor a low income resident worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal 14. For prime contracts, and to every subcontract on that job, the City shall require prospective contractors to submit with their bids affirmative action plans which, at a minimum: - establish goals for utilizing project area residents and businesses. - establish steps taken or to be taken to accomplish these goals. - establish steps which have been taken or will be taken to secure the cooperation of subcontractors and unions in meeting these goals. 15. In order for a contractor to establish that he has made a good faith effort to employ or fill training positions with lower income project area residents he shall, as a minimum, provide evidence that he has - 3 (a) Attempted to recruit from the project area through local advertising media, signs placed at the job site, and community organizations, public and private agencies operating within or serving the project area, such as the State Employment Development Department, Urban League, etc. (b) Maintained a list of all lower income area residents who have applied either on their own or on referral from any source and employed such persons if otherwise qualified and, if openings exist. B. To increase the utilization of businesses located in or owned in substantial part by persons residing in the project area, the City shall initiate the following actions: 1. At the beginning of each CDBG program year, City shall set forth the approximate number and dollar value of contracts to be awarded during the project year by business type. 2. City shall develop a list of business concerns within the project area doing business in professions or occupations identified as needed. 3. City shall advertise for bids in news media sources serving the project area. 4. City shall send invitations to bid to appropriate project area businesses identified in Step 2 above. 5. Prior to award of any contract, City shall require a signed assurance from the contractor that to the greatest extent feasible, subcontracts for labor and materials will be let to qualified project area subcontractors and vendors. 6. City shall provide the list of project area businesses (Step 2 above) to contractors upon award of contract. 4 7. The contractor shall contact project area contractor organizations or organizations likely to yield project area contractors for referral of prospective subcontractors. PROGRAM MONITORING In order to establish that to the greatest extent feasible opportunities for training and employment are being given to lower income project area residents, and that contracts are awarded to business concerns located in the project area, the City shall assign an employee to conduct on -site and record monitoring of all contracts. — Monitoring responsibilities will include: - documenting and evaluating the steps taken by contractors to recruit lower income project residents - documenting and evaluating the steps taken by contractors to utilize project area residents as employees or trainees. - documenting and evaluating the steps taken by contractors to utilize subcontractors and businesses located in or owned in substantial part by persons residing in the project area. SANCTIONS Failure or refusal to comply and give satisfactory assurances of future compliance with the requirements of this Affirmative Action Plan shall be proper basis for applying sanctions. Any or all of the following actions may be taken, as appropriate: cancellation, termination or suspension in whole or in part of the contract; a determination of ineligibility or debarment from any further contracts under the CDBG program with respect to which the failure or refusal occurred until satisfactory assurances of future compliance has been received. 5