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HomeMy WebLinkAboutReso. 78-224 - Adopting a Section 3 Affirmative Action Plan RESOLUTION NO. •7y, _ vyit A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ADOPTING A SECTION 3 AFFIRMATIVE ACTION PLAN. WHEREAS , the City of Redding ' s Community Development Block Grant has been approved by the U. S . Department of Housing and Urban Development, subject to adoption and submission of a written affirmative action plan to comply with requirements of Section 3 of the Housing and Urban Development Act of 1968 , and WHEREAS, the Planning and Community Development Depart- ment of the City has prepared such a Section 3 Affirmative Action Plan and recommended the adoption of same, and WHEREAS, it appears to be in the best interests of the City to adopt said Affirmative Action Plan as submitted , and WHEREAS, it has been determined that this matter is categorically exempt from the provisions of CEQA, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the Affirmative Action Plan which is attached hereto, entitled "City of Redding Community Development Section 3 Affirmative Action Plan Under Section 3 of the Housing and Urban Development Act of 1968" is hereby approved and adopted as the Affirmative Action Plan for the City ' s Community Development Program. I HEREBY CERTIFY that the foregoing Resolution was intro-. duced and read at a regular meeting of the City .Councid of: the City of Redding on the 20th day of November , 1978 , and was duly adopted at said meeting by the following vote : AYES : COUNCILMEN: Fulton, Gard, Kirkpatrick, Pugh, and Demsher NOES : COUNCILMEN: None . ABSENT : COUNCILMEN: None ATTEST: C• I N\ bONALD M. DEMSHER • ,,j, � ��� f__ Mayor of the City of Redding OD MILDRED L. BRAYTON, i y Clerk FORM_IPPROVED: 3) EARL D. MURPHY, `City/Att7rney City of Redding Community Development Section 3 Affirmative Action Plan Under Section 3 of the Housing and Urban Development Act of 1968 Purpose The purpose of this Plan is to affirmatively address procedures established by the Secretary of the United States Department of Housing and Urban Development, Housing and Urban Development Act of 1968, to provide employ- ment opportunities for businesses and lower income persons in connection with federally financed projects. Background of City of Redding The City of Redding is located at the north end of the Sacramento Valley approximately 225 miles north of San Francisco. Redding is the County seat of Shasta County with a population of 43,500. The population of Shasta County is 100,000. • A review of monthly unemployment rates from 1965 to 1976 indicated the unemploy- ment rate in January of each year averaged 15. 11 percent, and in August of each year averaged 7 .61 percent. The fluctuation of the unemployment rate is attri- buted to the seasonal nature of the area's largest sources of employment; forest products; harvesting and manufacturing , and tourism. A review of the 1970 Census data indicates that the median income was $11 ,580 compared with the present median income of 513,700. Statistics for the median income are provided by the HUD area Office Economist, Department of Housing and Urban Development, San Francisco, California. Scope of Section 3 Regulations In order to affirmatively comply with Section 3 regulations and insure that socially or economically disadvantaged individuals and small business concerns within the project area--which is the City of Redding, are given business and employment opportunities in community development projects , it shall be the policy of the City of Redding: 1 . To the greatest extent feasible, provide that opportunities for training and employment, arising in connection with planning and carrying out of any projects assisted under such programs be given to lower income persons residing in the City of Redding. 2. To the greatest extent feasible, award contracts for work to be performed in connection with a HUD funded project to business concerns which are located in or owned in substantial part by persons residing in the area of such a project. -1- • Bidding and Contractual Requirements In order to attain these goals , the following requirements will be incorporated into the bidding and contracting procedures: 1 . The invitation or solicitation for bids for work shall advise prospective contractors of the requirements of Section 3 regulations . When the contract is let pursuant to negotiation or methods other than formal bidding procedures , prospective contractors shall be advised of the requirements of these regulations as part of the contract specifications. 2. In all contracts for work in connection with a community development project, the Section 3 clause will be included (see Attachment "A") . 3. All applicants , recipients , contractors , or subcontractors will demonstrate a good faith effort in the utilization of lower income project area residents as employees . Requirements to fulfill this obligation are outlined in Attachment "B" . Grievance and Compliance A lower income resident of the project area, for himself or as a representative of persons similarly situated , seeking employment or training opportunities with an applicant, recipient, contractor, or subcontractor or any eligible business concern seeking contract opportunities from an applicant may file a grievance not later than ninety (90) days from the date of the action (or omission) upon which the grievance is based. Record Keeping Each applicant, recipient, contractor, and subcontractor will be required to maintain all records related to the employment and training of lower income residents and to comply with the regulations of Section 3 . Such records may include copies of advertisement placed in local media , brochures or publi- cations , and other materials . • • -2- • Attachment "A" To Section 3 Affirmative Action Plan A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the require- ments of Section 3 of the Housing and Urban Development Act of 1963 , as amended, 12 U. S. C. 1701u . Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns that are located in or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 , the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all ap- plicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements . C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding , if any, a notice advising the said labor organization or workers ' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connectionwith the project and will , at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the letter has been found in violation of regulations under 24 CFR Part 135 and will not let any sub- contract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations . E. Compliance with the provisions of Section 3 , the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors , and assigns . • Failure to fulfill these requirements shall subject the applicant or recipient, its contractors , subcontractors , its successors , and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal • assistance is provided , and to such sanctions as are specified by 24 CFR Part 135. • • • • • Attachment "A" • . • Attachment "B" To Section 3 Affirmative Action Plan Good Faith Effort Each applicant, recipient, contractor or subcontractor undertaking work in connection with a Section 3 covered project shall fulfill his obligation to utilize lower income project area residents as employees to the greatest extent feasible by: A. Identifying the number of positions in the various occupational cate- gories including skilled , semiskilled , and unskilled labor needed to perform each phase of the Section 3 covered project. B. Identifying of the positions identified in paragraph (A) of this section , the number of positions in the various occupational categories which are currently occupied by regular, permanent employees . C. Identifying of the positions identified in paragraph (A) of this section , the number of positions in the various occupational categories which are not currently occupied by regular, permanent employees . D. Establishing of the positions identified in paragraph (C) of this section , a goal which is consistent with the purpose of this subpart within each oc- cupational category of the number of positions to be filled by lower income • residents of the Section 3 covered project area; and • E. Making a good faith effort to fill all of the positions identified in para- graph (D) of this section with lower income project area residents. • Source: Federal Register, Volume 38, No. 203, Statutes for Section 3 Regulations on Equal Opportunity , October 23, .1973. Attachment "B"