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HomeMy WebLinkAboutRES 910008 - Affirmative Action PlanA RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AFFIRMATIVE ACTION PLAN FOR THE TEXAS COMMUNITY DEVELOPMANT PROGRAM, CONTRACT NO. 709521. WHEREAS, the City of Georgetown, Texas ("City"), has received funding for the Tex Community Development Program; and i WHEREAS, the use of the Community Development funds in the City is in the best interest of the City; and WHEREAS, the City, as a part of the Community Development Program requirement desires to adopt an Affirmative Action Plan-, I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY GEORGETOWN, TEXAS, THAT: - Section 1. The City approves the Affirmative Action Plan attached hereto as Exhibit A, which is incorporated herein as if set forth verbatim. This Affirmative Action Plan shall be effective for Texas Community Development Program Contract No. 709521. Section 2. The Mayor is authorized to sign the Affirmative Action Plan and the City Secretary to attest thereto. RESOLVED this 8th day of January, 1991. XV Marianne Landers Banks City Attorney CITY OF GEORGETO N B Connor, Mayor RUMW Efiz-abet-h-Gray- City Secretary 110546p -Aft Affirmative Action Plan of the City of Georgetown, Texas relating exclusively to project funded by the Texas Community Development Program. • Purpose: The purpose of this Affirmative Action Plan is t set forth policies and procedures that will be implemente by the City of Georgetown, Texas to assure the Compliance • Contractors and Subcontractors awarded contracts under t Texas Community Development Program with: Title VI of the Civil Rights Act of 1964 (42 USC 2000d). Title VIII of the Civil Rights Act of 1968, as amended (42 USC 3601). Section 3 of the Housing and Urban Development Act of 1968, 12 USC 170 LU. Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309). Section 402 of the Housing and Community Development Act of Veterans of the Vietnam Era. Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Age Discrimination Act of 1973, as amended (42 USC 6101). Equal Employment Opportunity (Executive Order 11246, September 24, 1965). Designation with Respect to Minority Business (Executive Order 11625, October 13, 1971). Goals for Awarding Contracts to Small and Minority Businesses, State of Texas Executive Order MW -8, May 19, 1983. 13. Policy Statement: It will be established policy to provid employment and business opportunities for businesses withi or owned in substantial part by persons residing in the Cit of Georgetown. Priority consideration will be given t lower income residents of the Section 3 area, minoritie females, handicapped persons and veterans of the Vietn Era. C. Project Boundaries: The Section 3 covered project area boundaries for the purpose of the Texas Community Development Program of activities are the corporate limits of the City of Georgetown, Texas. L Small business concerns will include all business which qualify as small under the small business siz standards of the Small Business Administration in t City of Georgetown as related to program activities. I Business concerns owned in substantial part by persons residing in the City of Georgetown. Those business concerns which are 51 percent or more owned by persons *ding within the City of Georqetownt owned by resi persons considered by the Small Business Administration to be socially or economically disadvantaged as related to program actives. Those business concerns which are 51 percent or more owned by minorities, females, handicapped persons or veterans of the Vietnam Era4 3. Lower income resident - A person who resides within t corporate boundaries of the City of Georgetown, Texa and whose personal income does not exceed 80% of t median income in the program area. I 4. Minority Person includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples • the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (d) American Indinn •' Alaskan Native (all persons having crlgins in any of the original peoples of North America and maintaining identable tribal affiliations through membership and participation or community identification). A. utilization of lower income, Section 3 covered project area residents as: L Apprentices/Trainees - The City of Georgetown will require that all contractors and subcontractors subject to Section 3 regulations will provide, prior to signing a contract, a preliminary statement • • • needs • include trade and job • A standardized form will be provided by the City to record this information. In addition, the contractors and subcontractors will 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 of Georgetown will require that all contractors and subcontractors subject to Section 3 regulations will provide, prior to signing a • a preliminary statement of work force needs to include trade and job classifications, on a standardized form to be ion, ,provided by the City of Georgetown. In addit' the contractors and subcontractors 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. Utilization of • and Females: L Apprentice/Trainee - The City of Georgetown will require that all contractors and subcontractors will comply with Sections 109 (a) (b) (c) of the regulations which stipulates that no person in the United States shall •. the grounds • race, color, • origin •..... sex be excluded •:I participation in, be denied the benefit of or be subjected to discrimination under any program or activity funded in whole or in i::.: with funds made available under the Texas Community Development Program. 2. Employees - The City of Georgetown will require that all contractors and subcontractors will comply with Sections 109 (a) (b) (c) of the regulations which stipulate that no person in the United States shall on the grounds of race, color, national origin or sex be excluded from participation in, be denied the benefit • or be subjected • discrimination • any program or activity funded in whole or in part with funds made available under the Texas Community Development •• C. • • Veterans • the Vietnam Era: I- The city will • discriminate against any employee •. applicant for employment because he or she is a disabled veteran or veteran • the Vietnam Era in regard to any position for which the employee •. applicant for employment is qpalified# The City further agrees to take affirmative action to employ, • in employment and •: treat quaed disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment • such as the following: Employment upgrading, demotion or transferr recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection •I" training, including apprenticeship. D. Utilization of Handicapped Persons: L The City will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employees or applicant for employment is qualified. The City agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all amployment practices such as the following: Bmployment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other f orms of compensation, and selection for training, including apprenticeship. F -II. Texas Community Development Program Contract& A- Approximated number and dollar value of all contracts to be awarded to business concerns with Texas Community Development Program funds: 1989 Texas Community Development Program ESTIMATED ACTIVITY PROFESSION CONTRACT COST Water Improvements Construction Foreman, $307,000.00 Skilled Equipment Operators, Common Laborers Engineering Engineer, Draftsperson $ 43,800.00 Surveyor,Secretary, Computer Operator Administration Professional technical $ 30,000.00 assistance, clerical skills, bookkeeping experience TOTAL $380,000.00 B. It is anticipated as a goal that all activities will be undertaken by business concerns that are located in the Sect] -on 3 covered project area. Priority consideration will also be given to hiring businesses owned by minorities, females, Vietnam Veterans, Handicapped and small businesses. a Outline of the anticipated program to be used to achieve the goals for each category noted above: 1. All contractors and subcontractors will be required to submit an Affirmative Action Plan to the City at least 15 days after award of a TCDP contract or prior to the beginning of construction, whichever date comes first. I The Section 3 covered project area will be identified in the bid documents. 3. Contractors and subcontractors will be notified of their obligations to utilize lower income Section 3 project area residents, minorities, females, Vietnam Veterans, and handicapped workers, 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 contractors of the Section 3 covered project area. D. Process to Secure Cooperation: L City officials will meet with all interested contractors and subcontractors prior to contract approval to insure their understanding of and cooperation with Affirmative Action Procedures. 2. During the above session, particular emphasis will be placed on describing Section 3, Section 109, Section 402 and Section 504, obligatory provisions concerning training and employment opportunities and contractor requirements and concerning their labor organization relationships. 3. The City of Georgetown will pursue its obligations as set forth in the Section 3 Regulations, Section 109, Section 402 and Section 504. E. Steps to Insure Notification of Pending Contractual opportunities: The City of Georgetown will: L 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. 2. Inform local, public and private, community • and institutions about potential business opportunities in the projects for small business of the community and firms owned by residents of the • -3. Contact all potential bidders of proposed projects anM1 r• them of the need to utilize to the greates extent feasible business concerns located in t Section 3 project area, businesses owned by minorities females, Vietnam veterans or handicapped persons, business concerns owned in substantial part by the individuals. IS 4. Refer qualified and interested- small businesses and firms either located within the Section 3 project area or owned in substantial •. by minorities, females, Vietnam veteranst or handicapped persons to the prime contractor, the contracting officer of the City, or contractors who propose to sub -contract portions • the work. 5. Measures will be taken • the City • Georgetown to insure that the appropriate eligible business concerns will be notified of pending contractual opportunities. However, once a registry of eligible concerns is established in consultation with the Small Business Administration, contacting those listed concerns will constitute satisfactory compliance with requirements regarding notification procedures. f, Steps will be taken to insure that contracts will be lot in accordance with local and state statutes. 7. Once competitive bids are solicited, bidders will be required to submit manpower and business utilization goals and an AAP for accomplishing those goals. The City of Georgetown will carefully evaluate the submission(s) of all contractors and sub -contractors. 8. The City of Georgetown will continue to work closely with the Texas Department of Commerce, Austin, Texas, in an attempt to affirmatively pursue the completion of these projects. 9. The City of Georgetown 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 Affirmative Action Plan. A monitoring/evaluation system will be undertaken to make certain that compliance with the aforestated paragraphs is being achieved. Where the nature of a project limits the number of potential contractors to one party, the City of Georgetown will not pursue the advertising of such a project as outlined in this Plan but will merely contract with the party in question. W. H. Connor,Mayor