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82-DRESOLUTION NO. 82-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE ENABLING AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, FLORIDA. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Boynton Beach, Florida, that certain Agreement 'between Palm Beach County and the City of Boynton Beach, providin~ for the Funding and Administration of Community Development Block Grant Projects, a copy of which is attached hereto and made a part hereof. Section 2. This Resolution shall take effect immediatel upon its passage. PASSED AND ADOPTED this 5th day of January, 1982. CITY OF BOYNTON BEACH, FLORIDA By: ATTEST: C~ Clerk (Corp. Seal) AGREEMENT between PALM BEACH COUNTY and CITY OF BOYNTON BEACH PROVIDING FOR THE FUNDING AND ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS AGREEMENT THIS AGREEMENT, made and entered into this day of , 1982, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, and the CITY OF BOYNTON BEACH, a municipal corporation existing under the laws of the State of Florida. W I T N ES S E TH For and in consideration of the Mutual terms and con- ditions, promises, covenants and payments hereinafter set forth, the parties hereto agree as follows: - I ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1.1 1.2 1.3 1.4 1.5 PAbM BEACH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OR PROGRAM Whenever used herein the terms "PALM BEACH COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM," OR "PROGRAM" shall mean the Community Development Program applied for by Palm Beach County and awarded by the U.S. Department of Housing and Urban Development as authorized pursuant to Tit!e-I, Housing and Community Development Act of 1974, Public Law 93-383, as amended, 1977 Public Law 95-128 and 1980 Public Law 96-399. H.U .'D. The term "H.U.D." as used herein shall mean the U.S. Depart- ment of Housing and Urban Development. ~COUNTY Whenever used herein the term "COUNTY" shall mean Palm Beach County, Florida, a political subdivision of the State of Florida. GRANTEE Whenever used herein the term "GRANTEE" shall mean Palm Beach County, Florida, as Grantee of the Palm Beach County Community Development Block Grant. Program. CITY Whenever used herein the term "CITY" shall mean the CITY OF BOYNTON BEACH, Florida, a municipal corporation. - 2 - 1.7 1.8 1.8.2 SUB-GRANTEE f Whenever used herein the term. "SUB-GRANTEE" shall mean the CITY as sub-grantee for the projects included in the Palm Beach County Community Development Block Grant Program. ASSURANCES Under the program, the County is bound to comply with applicable Federal laws and regulations. The term "ASSURANCES" as used herein shall mean those guarantees made by the CITY to the County that the CITY will comply with these same Federal laws and regulations. PROJECT The term "Project" as used herein shall mean a portion of the Palm Beach County Community Development Block Grant Program specifically concerning the following project: 1.8.1 Preparation of construction plans, specifications and construction of capital improvements within the Boynton Beach Strategy Area, in Census Tract 61. The exact nature of this "Project" is more fully set forth in Article III herein. Preparation of Storm Drainage Engineering for the Neighborhood Strategy Area as defined in 3.2. The exact nature of this "Project" is more fully set forth in Article !II herein. - 3 - 1.9 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Whenever used herein the term "DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT" shall mean the organizational unit providing to the Palm Beach County Board of Commissioners' program administration under the guidelines of the U.S. Department of Housing and Urban Development. - 4 - 2.1 2.2 2.3 2.4 ARTICLE I I Title I, of the Housing and Community Development Act of 1974, P. L. 93-383, 1977, P. L. 95-128 and 1980, P. L. 96-399, consolidated several existing categorical programs for community development into a single program of Com- munity Development Block Grants for the purpose of allowing local discretion as to the determination of needs and priorities for a Community Development Program. The needs and priorities of Community Development in Palm Beach County were determined by the cities, commission districts and the unincorporated areas of Palm Beach County participating in the Community Development Block Grant Program, the Palm Beach County Department of Housing and Community Development and the Overall Economic and Community Development Advisory Board. The authority for this Agreement is entered into pursuant to Section 125, Florida Statutes, and Part III of Chapter 163, Florida Statutes. The County secured A-95 approval for this program from the Palm Beach County Area Planning Board Treasure Coast Regional Planning Council and the State of Florida. Sub- sequently, Palm Beach County submitted the program to H.U.D. fob approval and funding. H.U.D. approved the program and authorized the expenditure of $5,003,000.00 for Fiscal Year 1981-82. Under the Rules and Regulations of H.U.D., the COUNTY is administrator for the program and is mandated to comply_with various statutes, rules and regulations of the United - 5 - 2.5 States, as to the allocation and expenditure of funds as well as protecting the interests of certain classes of individuals who reside in Palm Beach County. 2.4.1 "Under the rules and regulations of H.U.D., the CITY as a participant in this program is mandated to comply with all applicable statutes, rules and regulations of the federal government, the state and the COUNTY." The COUNTY is desirous of disbursing~ $200.,000.00 to the CITY for the project described in Article III herein pursuant to terms and conditions of this Agreement. The COUNTY requires assurance from the CITY that the CITY will comply with the statutes, rules and regulations of the United States and the State of Florida, relating to the projects and the program, as a condition precedent to the release of such funds to the CITY. - 6 - ARTICLE III DESIGN STUDY FOR CAPITAL IMPROVEMENTS WITHIN THE NEIGHBORHOOD STRATEGY AREA, BOYNTON BEACH 3.1 The CITY agrees to proceed with plans, specifications and con- struction contract for street improvements to include drainage, curbs and gutter, curb cuts, sidewalks and paving within the Boynton Beach Neighborhood Strategy Area. 3.1.1 The Boynton Beach Neighborhood Strategy Area to be served is delineated as follows: NORTH: C-16 Boynton Canal SOUTH: N.W. & N.E. 9th Avenue EAST: Railroad Avenue WEST: Interstate 95 East Right-of-Way 3.1.2 Cost to the Housin§ and Community Development Pro§ram shall not exceed $200,000.00 for the project including consultant fees and charges. 3.1.3 Storm Drainage Engineering Study area is delineated as follows: NORTH: SOUTB: EAST: WEST: C-16 Boynton Canal N.W. & N.E 9th Avenue U.S. Highway No. 1 Interstate 95 East Right-of-Way 3.3 All work performed in Sect~o~ 3.1 of Article III shall be in accordance with plans and specifications prepared for the CITY OF BOYNTON BEACH and funded by the COUNTY Department of Housing and Community Development, except 3.1 .3. The CITY agrees to proceed with Storm Drainage Engineering Study for the area defined in 3.1.3 which includes details of topography, existing and required storm drainage re- tention or outfalls. The intent of the storm drainage en- gineering will identify and mitigate potential flooding problems for the area detailed in 3.1.3. 3.3.1 Cost to the CITY is detailed in the Neighborhood Strategy Plan at $20,000.00. 3.3.2 The work defined in 3.3 of this Agreement is further defined in FY '80-'81 Agreement "Providing for the funding and administration of Community Development Block Grant Projects" and is considered the same conditions, scope of work and maximum funding of $20,000.00, as detailed in that Agreement. 7A - 4.1 4.2 4.2.1 ARTICLE IV PROCEDURES FOR INVOICING AND PAYMENT CITY and COUNTY understand and agree to comply with the Department of Housing and Urban Development guidelines for the Community Development Act Block Grant which stipulate that funds requested "shall be limited to the minimum amounts needed and shall be in accord only with the actual, immediate cash re- quirements of the recipient organization in carrying out the purpose of the approved program or project." CITY understands and agrees that it may expect payment within 30 days after filing ~f a properly supported invoice with the Department of Housing and Community Development regardless of whether the CITY is seeking reimbursement or direct payment for services or materials. The CITY agrees to invoice by submitting to the Department of Housing and Community Development the form attached hereto as Exhibit A, together with proper support, to wit, a copy of the original invoice, certified as to receipt of goods and services. If reimbursement is sought, said invoice shall be designated as "paid." CITY shall invoice the COUNTY'S Department of Housing and Community Development at 801 Evernia Street, West Palm Beach, Florida, 33401, monthly on the following basis: If the CITY has awarded a contract to an independent contractor to perform Project services, and if competitive bidding or competitive negotiations are required under applicable law, the CITY shall provide the COUNTY'S Department of Housing and Community Development - 8 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 with a certified copy of the Bid Specifications and Bid Awards authorizing the work to be done on the projects and a certified copy of contract let. All such contracts shall be submitted to the Department of Housing and Community Development for prior approval. Upon receipt of certified copies of Bid Awards and Contracts, the Department of Housing and Community Development will audit and forward said certified copies to the Palm Beach County Finance Department together with comment related to the audit. "If the CITY has awarded a contract to an independent contractor to perform project services, the city shall describe the services for which it is invoicing." If the CITY uses its own work force to perform Project services, the CITY shall submit a certified copy of the purchase orders authorizing the purchase of material and a certified copy o'f the work orders ordering the work for which it will be invoicing. If the CITY has awarded a contract to an independent contractor to perform Project services, CITY shall submit a certified copy of the contractor's invoice or invoices identifying the contract to which it applies stating the services rendered. The CITY chief officer shall certify that the work that is being invoiced for has been completed. If the CITY wished, it may submit paid invoices for reimbursement by the COUNTY. In these instances, the CITY chief finance officer will add his certificate to the invoice that the CITY has paid the invoice and indicate - 9 check numbers with which the CITY paid the invoice or other satisfactory audit trail. 4.2.7 In addition, the CITY shall provide the COUNTY Department of Housing and Community Development with monthly progress reports stating the following: 4.2.7.1 The percentage of work completed to date. 4.2.7.2 A description of the remaining portions of the project to be completed. 4.2.7.3 The expected completion date of the project. 4.2.7.4 A statement of the amount of money expended to date pursuant to each project and the dollar amount remaining to be expended pursuant to the budget for each project. 4.2.7.5 A general description of the success or problems encountered with the project. 4.3 Upon receiving the invoices, reports and other materials described by Section 4.2, the Executive Director of the Department of Housing and Community Development shall audit such bid awards, contracts, reports and invoices to determine whether the items invoiced for have been completed. 4.4 Upon determination by the Executive Director of the Department of Housing and Community Development that the services and material invoiced have been received or completed, the Director shall forward the invoices to the Palm Beach County-Department of Finance for payment to the CITY according to the invoice. 4.5 CITY agrees to notify the Department of Housing and Community Development of the date that work will be - 10 - 4.6 initiated so periodic inspections may be performed f~rom time to time. CITY agrees to commit or expend the funds allocated to the pro- jects by September 30, 1982. All funds not committed or ex- pended by September 30, 1982 shall remain in the custody and control of the COUNTY. Reasonable consideration by the Depart- ment of Housing and Community Development of the satisfactory progress of the project toward tangible project implementation shall be the determining factor for the continuation of funding the project. Reasonable consideration can be further clarified to mean that the following schedule would provide a timely con- clusion to that portion of the project funded through the Palm Beach County Housing and Community Development's Block Grant Program. 1) Engineering plans and specifications including review, com- pleted within 60 calendar days after execution of this Agreement. 2) Bidding and construction contract document requirements prior to start of construction completed within 90 calendar days after execution of this Agreement in full. The completion date proposed, as an element of each bid, will be considered a competitive item in evaluating the bid. Storm Drainage Engineering for the area as defined in 3.1.3 is not subject to 4.6 (1), (2) & (3), but Storm Drainage Engineering that directly influences or affects the project as defined in 3.1.I is required to be completed simultaneously with 3.1.1. Balance of the Storm Drainage Engineering is required to be completed within 150 calendar days after execution of the Agreement in full. 3) 4) - 11 - 4.8 4.9 CITY and COUNTY agree that all notices required by this Agreement, shall be in writing and delivered by U.S. Mail as specified herein: CITY Peter L. Cheney - City Manager City of Boynton Beach 120 N.E. Second Avenue Boynton Beach, Florida 33435 COUNTY Department of Housing and Community Development 801 Evernia Street West Palm Beach, Florida 33401 CITY and COUNTY agree that any problem encountered pertaining to implementation of this Agreement not successfully resolved within a reasonable time by the Department of Housing and Community Development above may be referred by the CITY to: JOHN C. SANSBURY County Administrator P.O. Box 1989 West Palm Beach, Florida 33401 The CITY when awarding contracts funded under the Community Development's Block Grant Program is subject to the following procedures: 4.9.1 The CITY awarding a contract for professional services of a consultant, i.e., architecture engineering, planning, and surveyors under 4.2.1 -12- 4.9..2 4.9.3 4.9.4 4.9.5 requirements, must by specification detail the work to be performed. Contracts for professional services must be approved by Palm Beach County Department of Housing and Community Development prior to their execution. Department of Housing and Community Development will review and recommend approval of all consultant con- tracts and fee schedules that meet the minimum standards as established by the Palm Beach County Engineering Department and the Department of Housing and Urban Development. Contracts for architecture, engineering, survey and planning shall be negotiated fixed fee con- tracts. All additional services shall have prior written approval. Reimburseables will be at cost. The CITY when awarding contracts for professional services shall be in accordance with Federal, State, and Local Laws and in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended. Contracts are awarded on a project basis. Contracts with consultants that have an ongoing project require- ment from the Department of Housing and Community Development fiscal year funding and are in nature of a continuity that would require coordination from fiscal year to fiscal year may be extended with prior written approval of the Palm Beach County Department of Housing and Community Development. In addition, con- tracts with consultants that have an ongoing project requirement must be updated on an annual basis. - 13 - 4.9.6 4.9.7 Final project drawings to be microfilmed and prints provided to the Department of Housing and Community Development. All final project drawings are to remain in the care, custody and control of the Palm Beach County Department of Housing and Community Development. A duplicate copy of project drawings shall be provided for the files of the City. The City may retain control of the final documents upon the explicit written consent of the Palm Beach County Department of Housing and Community Development. - 14 - 5.1 5.2 5.3 ARTICLE V SPECIFIC ASSURANCES CITY, as the "Contractor" herein, agrees to comply with the provisions of Section 202, Executive Order 11246, a copy of which l'S attached hereto and contained in Exhibit "B" and with the guidelines for applicants on equal oppor- tunity obligations for Community Development Block Grant in regard to construction contracts. During the performance of this Agreement, the CITY agrees to attach to all purchase orders, contracts and sub-con- tracts issued pursuant to this Agreement, the specifica- tions as contained in Exhibit "B" attached hereto and made a part hereof. CITY agrees that it will comply with the following: 5.3.1 Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, or activity for which the sub-grantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this Agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the sub-grantee, this assurance shall obligate the sub-grantee, or in the case.of any transfer of such property, any transferee, for the period 15 5.3.2 5.3.3 5.3.4 5.3.5 during which the real property or structure is used for a purpose for which the Federal financial assistance is ex-. tended or for another purpose involving the provision of similar services or benefits. Title VIII of the Civil Rights Act of 1968, (P. L. 90- 284) as amended, and will administer all programs and activities relating to housing and community development in a manner to affirmatively further fair housing. Section 109 of the Housing and Community Development Act of 1977 and in conformance with all requirements imposed by or pursuant to the Regulations of the Department (24 CFR Part 570.601) issued pursuant-to that Section; and in accordance with that Section, no person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with the coummunity development funds. Hereby assures and certifies that it will comply with the regulations, policies, guidelines and requirements of OMB Circular A-95 and that it will comply with the regula- tions, policies, guidelines, and requirements of the Office of Management and Budget Circular A-lO2, as they relate to this Agreement, acceptance and use of Federal funds for this Federally assisted project. Section 3 of the Housing and Urban Development Act of 1968, 16 5.3.6 5.3.7 5.3.8 5.3.9 5.3.10 as amended, requiring that' to the greatest extent ~eas,- ble opportunities for training and employment be given lower income residents of the project area and contract for work in connection with the project be awarded to eligible business concerns which are located in the area of the project. Executive Order 11063 on equal opportunity in housing. Give the COUNTY, The Department of Housing and Urban Development, and the Comptroller General through any authorized representative access to and the right to examine all records, books, papers or documents relating to the project. Provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203, and 204, of the Uniform Relocation Assistance and Real Property Acquisition Policies Act (P. L. 91-646) and applicable H.U.D. regulations, to or for families, individuals, partnerships, corporations or associations displaced as a result of any acquisition of real property assisted under the program. Provide relocation assistance programs offering the ser- vices described in Section 205 of P. L. 91-646 to such displaced families, individuals, partnerships, corpora- tions or associations in the manner provided under applicable H.U.D. regulations. Assure that, within a reasonable time prior to displace- ment, decent, safe, and sanitary replacement dwellings - 17 - 5.3.11 5.3.12 5.3.13 5.3.1-4 5.3.15 5.3.16 will be available to such displaced families and indi- viduals in accordance with Section 205 (c) (3) of P. L. 91 -646. Inform affected persons of the benefits, policies, and procedures provided for under H.U.D. regulations. Carry out the relocation process in such a manner as to provide displaced persons with uniform and consistent services, and assure that replacement housing will be available in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin. In acquiring real property in connection with the Com- munity Development Block Grant Program, be guided to the extent permitted under State Law, by the real pro- perty acquisition policies set out under Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act and the provisions of Sections 302 thereof. Pay or reimburse property owners for necessary expenses as specified in Sections 303 and 304 of the Act. Comply with the provisions of the Hatch Act which limit the political activity of employees. Comply with the provisions of: Executive Order 11296, relating to evaluation of flood hazards, and Executive Order 11128, relating to the prevention, control, and 18 - 5.3.17 5.3.18 5.3.19 5.3.20 5.3.21 abatement of water pollution, and the provisions of the Flood Disaster Protection Act of 1973, Po L. 93-234, and the regulations thereunder. The sub-grantee's officers: 5.3.17.1 Will consent to assume the status of respon- sible Federal officials under National Environ- mental Policy Act of 1969 insofar as the pro- visions of such act apply pursuant to this Part. 5.3.17.2 Are authorized and will consent on behalf of the applicant and himself to accept the juris- diction of the Federal courts for the purpose of enforcement of his responsibi'lities as such an official. Establish safeguards to prohibit employees from .using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Section 570.604 of the Housing and Community Development Act of 1974, P. L. 95-128 and Executive Order 11593. Architectural Barriers Act of 1968, 42 U.S.C. 4151. The Clean Air Act as amended 42 (U.S.C. 1857 et. seq.) and Federal Water Pollution Control Act, as amended, -19- 5.3.22 5 .~3.23 5.3.24 5.3.25 5.3.26 .5.3.27 (33 U.S.C. 1251 et. seq' and the provision of the National Environmental Protection Act of 1969) and regulation thereunder. The CITY agrees that in both of its roles as contractor and as the local public agency, it will to the extent possible, follow and require sub-contractors to abide by the guide form set out in Jax. Notice 75-81. The CITY agrees that in both of its roles as contractor and as the local public agency, it will adhere to and require sub-contractors to adhere to the Federal Labor Standards Provisions. The sub-grantee will adhere to provi, sions of the Davis- Bacon Act which governs labor standards. The sub-grantee will initiate an Affirmative Action Program as set forth herein. CITY will comply with the Lead-Based Paint Poisoning Prevention Act, Pub. L. 91-695, 84 Stat. 2078, amended by Pub. L. 93-151, (42 U.S.C. 4801 et. seq.) and applicable H.U.D. regulations. Contractors, sub-contractors and sub-grantees with con- tracts in excess of $100,000.00 are required to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Pro- tection agency regulations (40 CFR Part 15), which pro- hibit the use under non-exempt Federal contracts, g.rants, or loans of facilities included on the EPA List of Violating Facilities. The provision shall require re- porting of violations to the grantor agency and to the - 20 - U.S.E.P.A. Assistant Administrator Enforcement (EN-329). Contracts shall recognize mandatory standards and policies relating to energy efficiency which are con- tained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). 21 - ARTICLE VI INDEMNIFICATION AND GENERAL ASSURANCES 6.1 6.2 5.3 The CITY agrees to indemnify and hold harmless the COUNTY from liability on account of any injuries, damages, omissions, commissions, actions, causes of action, claims, suits, judgments, or damages accruing as a result of services performed, or not performed, pursuant to the project contained in this Agreement. The CITY agrees to carry out the provisions and terms of this Agreement in accordance with the written poli- cies, directives, procedures and regulations of the U. S. Department of Housing and Urban Development. The CITY further agrees that this contract is subject to all conditions of, regulations under, and provisions of, the Housing and Community Development Act of 1980. The COUNTY agrees that properly documented "paid" invoices submitted by the CITY to the COUNTY as provided in Article VI herein, shall be promptly processed by the COUNTY and reimbursement payment promptly thereafter made by the COUNTY to the CITY. - 22 - ARTICLE VII MISCELLANEOUS 7.1 7.2 7.3 It is understood and agreed that this document incor- porates and includes all prior negotiations, corre- spondence, conversations, agreements or understanding applicable to the matters contained herein and that the parties agree that there are no commitments, agree- ments, or understandings concerning the subject matter of this Agreement that are not contained in this docu- ment. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alterations in the terms or conditions contained herein shall be effective unless contained in a written docu- ment executed with the same formality and of equal dignity herewith. This document shall be executed in triplicate,each of which shall be deemed to be an original. 23 IN WITNESS ~,~EREOF, the parties hereto have executed this Agreement on the day of , 19__. COUNTY Clerk of the Board of County Commissioners of Palm Beach County, Florida PALM BEACH COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Its Chairman Approved as to form and Legal Sufficiency day of , 19 County Attorney - 24 - CITY CLERK MAYOR day of , 19 Mayor day of , 19 SEAL - 25 From: REQUISITIONS FOR PAYMENT UNDER THE COMMUNITY DEVELOPMENT ACT BLOCK GRANT To: Housing and Community Development Request for Payment # Date Project Invoice Date of Vendor # Invoice Description Amount Total Request Approved by ?itle Date * Report each project on separate form. EXHIBIT A INTRODUCTION Projects funded under the Community Development Block Grant Program must comply with numerous federal regulations. In the case of affirmative action, the Section 3 regulations for business concerns and Neighborhood Strategy Area (NSA) residents and the Equal Employment Opportunity regulations apply. Each set of regulations can stand along or be underrelated with other regula- tions. The ensuring document will define the two areas of regulations and explain how they fit together into an affirmative action plan. The plan interrelates the Sec- tion 3 and the Equal Employment Opportunity regulations into a program for affirmative action to be undertaken by Palm Beach County. Affirmative action efforts are linked between Section 3, and Equal Employment Opportunity through similarities in the regulations. As a result, by instituting Equal Employment Opportunity under Executive Order 11246 you also, in many cases, affirmatively pursuing efforts under the Section 3 regulations and vic~ versa. The following similarities have been noted: 1) That the geographical areas covered by Section 3 and the Equal Employment Opportunity area often the same. 2) That both Section 3, and Equal Employment Opportunity regulations focus on construction contractors and subcontractors. 3) That a large number of female and minority persons fall into the moderate to low income bracket. Therefore, both Section 3 and Equal Employment Opportunity apply to the same type persons. 4) That both Section 3 and Equal Employment Opportunity regulations "- have the same purpose...to provide equal employment opportunities to previously excluded persons and groups in connection with all : federally assisted programs. The following descriptions will explain the different regulations which apply and are interrelated in this Affirmative Action Plan. Section 3 for Project Area Residents: Section 3 provides that to the greatest extent feasible, opportunities for training and employment shall be given ~o low-income residents of HUD project areas. Training and employment opportunities should be provided within the entire range of activities funded in whole or in part by Community Development funds, including construction, office work, maintenance and field workers (e.g., census or survey takers, outreach workers and community organizers). Contractors include con- struction contracts and sub-contracts as well contracts for maintenance and supplies equipment. -1- Section 3 for Business Concerns: Each applicant, recipient, contractor, or sub-contractor undertaking work on a Section 3 covered project shall assure that to the greatest extent feasible, contracts for work to be performed in connection with the pro- ject are awared to business concerns located within the Section 3 covered project area or business concerns owned in substantial part by persons residing in the Section covered area. Equal Employment Opportunity: All federally assisted construction contractors and sub-contractors on a Com- munity Development Block Grant assisted construction project must take affirmative action to ensure that employees and applicants for employment are not discriminated against because of race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demolition or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship; and posting a conspicuous place, available to employees and to applicants for employment, notices regarding the equal employment requirements of Executive Order #11246. -2- AFFIRMATIVE ACTION PLAN OVERVIEW: The federal government, under the Housing and Community Development Act of 1974, Section 135.70 of the Federal Register (see Appendix "A") requires that the Palm Beach County Housing and Community Develop- ment Block Grant Program develop an affirmative action plan for the use of business and residents located in or owned in substantial part by persons residing in the Neighborhood Strategy Areas. Section 109 (a) of the Housing and Community Development Act of 1974, as amended by the Housing and Community Development Act of 1977, states' "No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made avail- able under this title." In addition, Palm Beach County, under Section 130.35 of Title 24 CFR, Part 130 (see Appendix "B"), will affirmatively ensure equal employment oppor- tunity for all federally assisted construction contracts over $10,000 admin- istered by the Community Development Block Grant Program. In general, this affirmative action plan will encourage the following: Ways to overcome the effects of past discrimination; Assertively discourage employment practices which tend to cause discrimination; Even in the absence of prior discrimination, encourage affirmative action efforts to overcome or prevent effects of conditions which may have limited or may limit participation in the past or future. OBJECTIVES: Enforcement of equal opportunity (employment, housing, and public facilities) laws should be supplemented by affirmative actions which will become a voluntary program, actively supported and utilized by all municipahties, consultants, contractors, and agencies involved with Community Develop- ment. The set of long-range goals for equal opportunity will include the following: 1) Establish objectives and methods to increase employment oppor- tunities of workers on a totally non-discriminatory basis. 2) Utilize firms owned in whole or in part by individuals and resi- dents located in the Community Development Block Grant Program' Project Areas. -3- $) . Provide hnproved houMn~, through rehabilitation and new con- struction, which will benefit those people who have been with- out decent, safe, and sanitary living conditions. 4) Improve and establish public facilities which will benefit those groups who have not previously enjoyed the benefits of such facilities. Achieve the previous four goals on an entirely voluntary basis. The Affirmative Action Plan utilized to achieve these five major goals, consists of a series of short and intermediate-range objectives. Each such objective is the responsibility of the Community Development Division to implement and enforce, with the individual municipahties, consultants, contractors, and agencies, actively utilizing appropriate measures to bring about equal opportunity in a totally voluntary basis as states above in goal ~5. The list of objectives includes but is not limited to. the following: 1) Give professional firms (architects, engin'eers, etc.); financial institutions (savings and loan associations, etc.) which have significant minority or female ownership interests or which are located in the area, the right of first refusal to participate in all aspects of the applicable stages of any activity. Develop appropriate lists of organizations, businesses, and firms that are at least 51% owned by minorities and females. Such lists will be used by all potential and actual recipients of Community Development Block Grant funds to specifically inform each such firm, in addition to all other usual methods (advertisements, etc.); that a Community Development Block Grant activity in which they may wish to participate, is available. 4) Contract trade and labor unions and professional organizations to inform them of' the non-discriminatory policies and Community Develop- ment Block Grant Affirmative Action Plan with which they should be familiar. To every possible extent, foster programs which will up- grade skill levels of female and minority workers and eliminate bar- riers for participants in Community Development Block Grant acti- vities. Assist County-level Human Rifhts Groups, charged with the res- ponsibility of enforcing local equal housing, employment and public facility ordinances, to achieve appropriate Federal recognition of local ordinances. Request from each bidder and potential participant an enumeration of its ownership and employment of females and minority groups. Such information will be utilized in determining to what extent each firm is actively seeking to implement affirmative action programs; and to the extent, ~viH serve to assist in promoting equal oppor- ~ tunity in conjunction with the other assurances of the program. -4- 6) Contact area residents to inform them of planned activity'in their area, and advise rheem of potential employment possiblities. Such a list for employment could also be paralleled with a housing list (for planned housing rehabilitation and newly-constructed housing programs), adapted to the particular type of planned activity. Assist Community Development Block Grant fund recipients in employee recruitment and selection methods to assure that test- mg procedures are not unduly weighted in the hiring process. Reduce the use of non-validated and mis-appLied tests which might tend to exclude particular applicants or lend bias to seniority or promotional opportunities for current employees. Provide proper notification to current employees of existing openings. Improve skills through an in-house program or outside ins titution. 8) Provide to potential Community Development Block Grant funds recipients specific knowledge concerning methods to contact low-income groups in an effort to expand the resources from which the recipient, business, or firm may call upon to implement the intent of equal opportunity. Assist individuals and firms to become eligible for participation through certification, licensing, bonding, or other recognized requirements in a particular circumstance during the progres- sion of stages in the Community Development Block Grant Project. Establish a system to monitor the goals and achievements of the participant's affirmative action program; and to recommend changes and additions where necessary to realize the total effectiveness and actual results of the program. The methods and techniques which are utilized to accomplish the five major goals _~nd ten objectives, are crucial to the implementation and success of the Affirmative Action Plan. Any one and perhaps several of these methods may be used to accomplish the stated objectives. As a particular method or group of-methods are used, improvements to existing- methods and the formulation of new methods may be created. One of the aims of an affirmative action plan is to seek to include new individuals, groups of individuals, businesses, and organizations, often outside the mainstream of activity, the establishment of new avenues of contact and communication are essential to the success of the plan. The concomitant factors, equality of treatment of all people and businesses, and amelioration of any past practices which tended to discrimi- nate, form a second major building block in the affirmative action plan. Both of these concepts must be included and utilized on a continuous basis for the plan to succeed. Sporadic or one-time efforts do not serve to accomplish the true meaning of equal opportunity; this is the raison d'etre of affirmative action. Even the best intended application of equal oppor- tunity laws 'by themselves may not in reality accomplish total equality, if a segment of the universe of people is not included in the entire population_ from which selection is to be made. -5- "~tMPLEMENTATION: As a recipient of Federal Funds under the Community Development Block Grant Program, the Palm Beach County Department of Housing and Community Develop- ment must ensure that all projects, decisions, and actions within its juris- diction are non-discriminatory. Therefore, it is the responsibility of the De- partment of Housing and Community Development to take measures to imple- ment a program of its own, and promulgate the intent to actively seek and include any person of a low-moderate-income group who might not otherwise participate in the benefits of the Community Development Block Grant Program. It is the CoUnty's hope to encourage voluntary Affirmative Action from both contractor/subcontractor and the participating municipalities for projects funded with Community Development Block Grant funds. We encourage the partici- pating municipalities to follow all of the following listed action. However, number 1 and number 5 will be required of participating cities as part of their normal bid process. 1) The County and participating cities will include, as a condition of any HUD grant, contract, subcontract, loan insurance or grantee involving federally assisted construction contracts or subcontracts in excess of $10,000, the inclusion of the following Notice of Re- quirement for Affirmative Action to Ensure Equal Employment Opportunity, Equal Opprotunity Clause, and standard Federal Equal Employment Opportunity Construction Contract Specifi- cations in all solicitation for offers and bids on all federally assisted construction contracts or subcontracts in excess of $10,000 and their verbatim inclusion in all such contracts and subcontracts. They shah be deemed to be a part of every solicitation for bids and of every covered contract or sub- contract, whether or not they are physically incorporated in such solicitation or contract and whether or not the contract is written. (see Appendix "C") 2) Where not prohibited by state or local law, and where bids are near or equal in submission, consideration should be given to bidders whose firms are substantially (S1%) owned by NSA resi- dents, and are defined as a small business by the Small Business Administration Standards. (see Appendix E-2) 3) Where not prohibited by state or local law, and where bids are near or equal in submission, consideration should be given to bidders whose Section 3 and/or Affirmative Action Plan appear most likely to accomplish their stated goals. 4) Upon receiving the notice of Invitation to bid from the County, the Department of Housing and Community Development will send a notice of pending contractural opportunities to appropriate NSA con tracto rs / sub contracto rs. 5) The County and participating Cities will insert into all Community Development bid documents the required Section 3 Clause (24 CFR, 135.20 (b). (see Appendix "D") -6- 6) 7) S) The Department of Housing and Community Development will main- rain a list of minority contractors/subcontractors within Palm Beach County. At the pre-construction conference all contractors/subcontractors doing work under the Community Development Block Grant Program will be informed of Sectien 3 affirmative action goals, the Section 3 Clause, and Executive Order 11246 (Equal Employment Opportunity) by a Community Development staff person. After the award of bid, but before the start of the pre-construc- tion conference, the contractor/subcontractor will be asked to sub- mit to the Department of Housing and Community Development the actual current utilization of minorities and women of his/her total work force along with his/her anticipated hiring goals, ff any. -7- TITLE 24 HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Employment Opportunities for Business and Lower Income Persons in ConnectiOn With Assisted Projects. Part 135, Section ?0. § 135.70 Development of an affirmative action plan. In developing an affirmative action plan, each applicant, recipient, con- tractor, and subcontractor preparing to undertake work pursuant to a Section 3 covered contract shall: (a) Set forth the approximate number and dollar value of all contracts proposed to be awarded to all businesses within each category (type or profession) over the duration of the Section 3 covered project in question. (b) Analyze the information set forth in paragraph (a) of this section and the availability of eligible business concerns within the pro- ject area doing business in professions or occupations identi- fied as needed in paragraph (a) of this section, and set forth a goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs with- in each category over the duration of the Section 3 covered pro- ject. (c) Outline the anticipated program to be used to achieve the goals for each business and/or professional category identified. This pro- gram should include but not be limited to the following actions' 1) Insertion in the bid documents, if any, of the affirmative action plan of the applicant, recipient, contractor, or subcontractor, letting the contract; and 2) Identification within the bid document, if any, of the appli- .cable Section 3 project area. (d) Indicate the anticipated process and steps which have been taken and/or will be taken to secure the cooperation of contractors, sub- contractors., and unions in meeting the goals and carrying out the affirmative action plan developed pursuant to this subpart. (e) Take steps to insure that the appropriate business concerns in- cluded in the Department's reg'istry for the Section 3 covered project area are notified of pending contractural opportunities either personally or through locally utilized media. -8- (f) (g) (h) (i) All applicants, recipients, contractors and subcontractors which so notify concerns included in the Department's registry of avail- able con~racts and of opportunities to submit bids shah satisfy all requirements of this Part for notification of business concerns located within the Section 3 covered project area and business concerns owned in substantial part by persons residing in the Section 3 covered project area. Take steps to insure that contracts which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, when- ever feasible, when let in a Section 3 covered project area. Where competitive bids are solicited, require the bidder to submit their utilization goals, and their affirmative action plans for accom- plishing their g'oals, and in evaluating each bid to determine its responsiveness, carefully evaluate the bidders' submission to deter- mine whether the affirmative action plan proposed will accomplish the stated goals. When advantageous, seek the assistance of local officials of the Department in preparing and implementing the affirmative action plan. In implementing its affirmative action plan, each applicant, reci- pient, contractor, or subcontractor shall make a good faith effort to achieve its goal or target number and estimated dollar amount of contracts to be awarded to the eligible businesses and entrepreneurs within each category over the duration of the Section 3 covered project. Each applicant, recipient, con- tractor, or subcontractor seeking to establish that a good faith effort has been made to implement its affirmative action plan, as required by this paragraph, shall as a minimum, set forth evidence acceptable to the Secretary that is has implemented the steps required by paragraphs (c), (d)', (e), (f), (g), and (h) of this section and has ascertained from the Direc- tor having jurisdiction over the Section 3 covered project, the boundaries of the Section 3 covered project areas the necessary eligible business concerns through- Local adver- tising median, signs placed at the proposed site for the pro- ject; and community organizations and public or private insti- tutions operating within or serving the project area such as Project Area Committees (PAC) in urban renewal areas, Model Cities citizen advisory boards, Service Employment and Redevelop- ment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program or the U.S. Employment Service, as well as the Chamber of Commerce and any equivalent organizations in the Section 3 covered project area. -9- APPENDIX "B" TITLE 24 HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 Equal Employment Opportunity under HUD Contracts and HUD Assisted Construction Contracts. § 130.35 Affirmative action compliance program -- construction contracts. (a) Requirements of Programs: The Department or the applicant shall require each Federal or federally assisted construction prime con- tractor on projects costing $10,000 or more, regardless of the num- ber of employees, and each Federal or federally assisted construction prime contractor and subcontractor shah require each subcontractor on projects costing $10,000 or more with a subcontract of $10,000 or more, regardless of the number of employees, to develop a written affirmative action compliance program. (b) Purposes: The purposes of the written affirmative action program are: 1) To identify areas of employment, employment policies and practices which require action by the contractor or subcontractor to assure equal employment opportunity to all employees and applicants for employment without regard to race, color, religion, sex, or national origin; 2) To analyze these areas, policies and practices to determine what actions by the contractor or subcontractor will be most effective in assuring equal opportunity; and 3) To establish a plan to achieve employment opportunity through those actions identified as potentially most effective. -10- APPENDIX "C" NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, ex- pressed in percentage terms for the Contractor's aggregate work- force in each trade on all construction work in the covered area, are as follows- (A) Goals for Female Utilization, All Trades- AREA COVERED Goals for Women apply nationwide. GOALS AND TIMETABLES Timetable Goals (percent) From April 1, 1978 until March 31, 1979 ........................ 3.1 From April 1, 1979 until March 31, 1980 ........................ 5.1 From April 1, 1980 until l~i[arch 31, 1981 ........................ 6.9 (B) Goals for Minority Utilization' Area covered: Palm Beach County GOALS AND TIMETABLES 1 Goal Trade (percent) All ...................................................... 17.9 1For the life of the project. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally 'assisted) performed in the covered area. -11-