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HomeMy WebLinkAboutResolution - 202 - Approve_Adopt CD Affirmative Action Plan For Section III ,HUD Act Of 1968 - 07_12_19790 el 1 _r MM:mw ►* RESO #202 - 7/12/79 'D Q0T TTTTr)W A RESOLUTION APPROVING AND ADOPTING THE COMMUNITY DEVELOPMENT AFFIRMATIVE ACTION PLAN FOR SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. WHEREAS, The City of Lubbock as a recipient of Community Development Block Grant Funds is required to prepare a written affirmative action plan which meets the requirements of Section 3 of the Housing and Urban Development Act of 1968; and WHEREAS, The proposed Community Development Affirmative Action Plan meets or exceeds the requirements of Section 3 of the Housing and Urban Development Act of 1968; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Community Development Affirmative Action Plan for Section 3 of the Housing and Urban Development Act of 1968, which is attached hereto and made a part hereof, BE and is hereby approved and adopted as policy and procedure of the City of Lubbock. Passed by the City Council this 12th day of July , 1979. ATTEST: elyn'Gaf foga, City Se a Treasurer APPROVED AS TO CONTENT: Vicki Foster, Community Development Coordinator APPROVED AS TO FORM: W. M. McKamie, Assistant City Attorney TIED TO RESO #202 - 7/12/79 CITY OF LUBBOCK COMMUNITY DEVELOPMENT DEPARTMENT FIFTH COMMUNITY DEVELOPMENT PROGRAM YEAR AN AFFIRMATIVE ACTION PLAN FOR SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 CITY OF LUBBOCK COMMUNITY DEVELOPMENT DEPARTMENT FIFTH COMMUNITY DEVELOPMENT PROGRAM YEAR 1. Purpose The purpose of this plan is to set forth procedures to be implemented by the Community Development Department to assure compliance with the requirements of Section 3 of the Housing and Urban Development of 1968. 2. Definitions A. "Business concerns located within the Section 3 covered area" means those individuals or firms located within the relevant Section 3 covered project area as determined pursuant to 24 CFR 135.15, listed on the HUD registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. B. "Business concerns owned in substantial part by persons residing in the Section 3 covered project area"`means those business concerns which are fifty- one percent (51%) or more owned by persons residing within the relevant Section 3 covered project area as determined pursuant to 24 CFR 135.15, owned by persons considered by the Small Business Administration to be socially or economically disadvantaged, listed on the Department's registry of eligible business concerns, and which qualify as small under the small business size standards of the Small Business Administration. C. "Lower income. resident".means an individual who resides within the Section 3 covered area and whose family income does not exceed 80% of the median income in the Standard Metropolitan Statistical Area (14,300 x 80% = 11,440 family income) . D. "The Department" as herein referred to, shall mean the Community.Develop- ment Department, City of Lubbock, Texas. E. "City".as herein referred to, shall mean the City of Lubbock, Texas. 3. Sources for Section 3 Covered Business The Community Development Department is seeking eligible Section 3 covered businesses, shall utilize the office of Minority Business Enterprise list of . Lubbock Minority Businesses and Lubbock Minority Contractors. 4. Section 3 Covered Area For use in the Fifth Community Development Program year, the Section 3 covered area shall be the.City of Lubbock, Texas as defined by the corporate limits of the City. 5. Number and Amount of Contracts The City anticipates awarding the following contracts from June 1, 1979 to May 31, 1980: A. UNASSESSABLE PAVING PROGRAM , Teak - E. 14th to E. 15th $ 161,680 Vanda - E. Broadway to Idalou Hwy. Municipal Dr. - Amarillo Hwy. to Ash Elgin - Fordham to Harvard Erskine - Knoxville to Quaker E. 19th - Quirt to Loop 289 B. PARK IMPROVEMENTS 27,260 Parking Facilities at Rogers and Copper Rawlings Community Centers C. CONSTRUCTION AND RENOVATION Manicapelli House and Area 234,302 Renovation of Fire Station #4 Clean-up and Landscape of Day Care Center #1 Sidewalk Repair and Installation Handicapped Units and Public Housing Projects D. URBAN REHABILITATION PROGRAM Arnett Benson Neighborhood Rehab 2,389,462 Bean School Neighborhood Rehab Meadow Brook Villa Neighborhood Rehab Elliston Neighborhood Rehab Phyllis Wheatley Neighborhood Rehab Posey Neighborhood Rehab Stubbs School Neighborhood Rehab E. EAST LUBBOCK CODE ENFORCEMENT 90,000 F. PUBLIC HOUSING SECURITY PATROL 75,603 G. PLANNING AND DESIGN 12,000 Architectural Design of Emergency Shelter Study of Handicapped Housing Needs 5. Number and Amount of Contracts (coast.) The Department anticipates the participation of City Work Forces in the design and implementation and completion of the following projects: A. UNASSESSABLE PAVING PROGRAM Engineering Design B. PARK IMPROVEMENTS $10.320. Engineering Design of Parking Facilities 1,740 C. CONSTRUCTION AND RENOVATION Renovation of Fire Station #4 24,152 Engineering Design for Sidewalk Construction Utilities Installation Ahead of Paving D. PARK LAND ACQUISITION E. WEATHERIZATION PROGRAM 25,000 F. INTENSIFIED CODE ENFORCEMENT 31,900 C-. EAST LUBBOCK CODE ENFORCEMENT 60,000 6. Target Number and Dollar Amount All Section 3 covered businesses, presently known or which may become known in the future, capable of performing services relating to projects to be contracted, will be solicited for bids; however, the Charter of the City of Lubbock and Title 44, Article 2368a of the Civil.Statutes of the State of Texas, both of which set requirements for competitive bidding, make it impossible to set an absolute goal or dollar amount of awards to Section 3 covered businesses. Notwithstanding then the limitations of the State Statute and City Charter, the Department establishes the following goals and estimated dollar amounts: A. Eligible Section 3 covered businesses will receive a "Notice to Bidders" informing them of the City's intention to receive bids and award contracts on a competitive bid basis for the construction of streets included in the Unassess- able Paving Program. Also included in the contract will be Parking Facilities at Rogers and Copper.Rawlings Community Centers. The Department goal for utili- zation of Section 3 businesses is set at 100% and at an estimated dollar amount of 188,940. I B. All contracts for construction or renovation will be awarded to qualified businesses which fall within the Section 3 descriptions. All contracts will be awarded on a competitive bid basis. Respective dollar amounts are: Renovation of Manicapelli House - $75,000; Renovation of Fire Station #4 - $16,102; Renovation of Public Housing Units as Handicapped Units - $80,000; Clean-up and landscaping of Day Care Center #1 - $35,000 and Sidewalk Construction and Repair - $28,200 C. The Neighborhood Rehabilitation Programs shall be contracted to the Lubbock Urban Renewal Agency. The Agency was established expressly as a neighborhood rehab agency and is the only agency capable of project of this magnitude. The Urban Renewal Agency develop an Affirmative Action Plan for the subcontracting of the neighborhood rehab activities. D. Contracts for Code Enforcement through demolition of structures and weed mowing will involve relatively small sums of money and will be awarded on a competitive bid basis to Section 3 businesses. The Departmental goal for utilization of Section 3 businesses is set at 100% and at an estimated dollar amount of $90,000. E. The Housing Authority of the City of Lubbock will contract with the City for the provision of a Security Patrol at Greenfair Manor and Rub Homes Housing Projects. Section 3 residents will be utilized as patrolmen and the estimated dollar amount at $75,603. F. Contract for the Architectural Design of the Emergency Shelter for Battered Persons will be awarded on a competitive bid basis to a Section 3 firm. Estimated amount of contract will be $6,000.. Contract for the services of 'an Section 3 firm or agency to compile a Study of the Handicapped Housing Needs in Lubbock will be approximate $6,000. 7. Anticipated Program In order to achieve the above listed goals for the Community Development Block Grant Program, the Department's Affirmative Action Plan will be inserted into all bid documents including the accompanying identification of Section 3 covered areas (Exhibit A). The Small Business'Administration and the Office of Minority Business Enterprises will be contacted as to the Department's inters- tion to issue contracts through the course of the year and shall receive a copy of the Affirmative Action Plan and the accompanying identification of Section 3 covered areas. All Section 3 covered business firms presently known to the Department or which become known in the future, which perform the type of services 7. Anticipated Programs (cont.) needed, shall receive written or verbal notification of the Affirmative Action Plan, the Section 3 covered areas, and of any intention to issue contracts. In order to recruit eligible business concerns, the Department will utilize local advertising media and will contact appropriate community organizations and public or private institutions which may provide assistance in recruitment including the local Opportunities Industrialization Center (OIC), the Small Business Adminstration, Service Employment and Redevelopment (SER), and the Office of Minority Business Enterprises (OMBE). To secure the cooperation of contractors in meeting goals and carrying out this Affirmative Action Plan, each and every prospective contractor shall be informed of his obligations under Section 3, of the necessity of a good faith effort to utilize business concerns located in the Section 3 covered area, and of the requirement to include all contracts and subcontracts on Community Development Projects, the Section 3 Clause (Title 24 CFR 135.20, A-E) attached hereto as Exhibit B. All identified business concerns located in the Section 3 covered area, which perform needed services, will be contacted and referred to contractors located outside the area who propose to subcontract portions of their work. The Department will meet with all contractors prior to contract approval to insure their complete understanding of the Affirmative Action Plan and goals. Contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project area, shall also be let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. Where competitive bids are solicited, the Department shall require bidders to submit their utilization goals, and their Affirmative Action Plans for accomplishing their goals as specified in 24 CFR 135.35 (Exhibit B). When evaluating each bid, the Department shall determine the bidder's responsiveness through careful evaluation of the bidder's submission to determine whether the Affirmative Action Plan proposed will accomplish the stated goals. Technical help will be given to bidders, as necessary, to help them comply with Section 3 requirements. In the event that any low income resident or small business owner deems it justifiable to do_so, grievances may be filed against the municipality or CDBG contractor as specified in 24 CFR 135 Subpart F. Grievances may be filed with either: The Assistant Secretary for Equal Opportunity and Fair Housing Department of Housing and Urban Development Washington, D.C. 20410 or The Fair Housing and Equal Opportunity Division Department of Housing and Urban Development Dallas Area Office 2001 Bryan Tower, Fourth Floor Dallas, Texas 75201 During the course of the activity period, the Department of Housing and Urban Development shall be provided with evidence of the good faith effort being made to achieve the goals set forth in the Affirmative Action Plan. The Provisions of Paragaphs 135.40, 135.45, 135.50, and 135.60 of the Federal Register dated October'23, 1973 as set out in Exhibit B are incorporated by reference and made a part of the Affirmative Action Plan. 8. Necessary Plan Modification Provision The Community Development Department shall modify this Affirmative Action Plan to conform to future guideline requirements issued by the Department of Housing and Urban Development relative to Section3 of the Housing and Urban Development Act of 1968.