City of Collinsville, TX Fair Housing and Equal Employment

The following Fair Housing/Equal Employment Opportunity Requirements as set forth above and as enumerated in this chapter are hereby passed as an ordinance of the City of Collinsville, Texas, to be complied with in all construction and/or housing projects to grant an equal opportunity and protection to all citizens of the City of Collinsville, Texas, regardless of race, religion, national origin, color, sex, age or physical or mental conditions and this chapter shall be in full force and effect upon passage in compliance with the Statute.

FAIR HOUSING/EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
Each contractor locality funded under the Texas Community Development Program (TCDP) is required to comply with all state and federal laws and authorities regarding equal opportunity. This chapter will present the regulations and compliance procedures which must be met to fulfill the federal and state equal opportunity requirements of the program. The following describes rules and procedures for equal opportunity that apply to the use of Contract funds under the Texas Community Development Program.
OVERVIEW
The equal opportunity/civil rights requirements associated with localities receiving federal financial assistance in general, and TCDP funding in particular, have the basic purpose of protecting specific groups and/or individuals from discrimination on the basis of race, national origin. religion, color, sex, age, and/or physical and mental handicap.
Identified groups included under these categories include:
–Minorities (i.e., Blacks, Hispanics, Asians and Pacific Islanders, American Indians, and Alaskan Natives);
–Women;
–Groups distinguished by age (e.g., elderly); and
–Handicapped persons (having mental and/or physical handicaps).
For purposes of the Texas Community Development Program, these groups are protected against discrimination in the following areas:
–Housing opportunities;
–Benefits resulting from activities funded in full or in part by TCDP dollars;
–Employment opportunities; and
–Business opportunities.
APPLICABLE FEDERAL LAWS AND EXECUTIVE ORDERS
The following list of federal and state laws, executive orders, and regulations describe all of the basic equal opportunity responsibilities for TCDP contractor localities. With each applicable law is listed the citation, general objective, and any features (e.g., thresholds) that may be relevant to the administration of TCDP-funded contracts.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000d)
Objective			To ensure that no person is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance on the basis of race, color, or national origin.
Relevant Features			Excluded activities include contracts for insurance or guarantees. HUD has general monitoring responsibilities for this law.
Additional Guidance			"Coordination of Enforcement of Nondiscrimination in Federally Assisted Programs" (28 CFR Part 1)
TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968, AS AMENDED (42 U.S.C. 3601)
Objective			To provide for fair housing within constitutional limitations. Prohibits discrimination in the sale or rental of units in the private housing market against any person on the basis of race, color, religion, sex or national origin.
Relevant Features			Equivalent state/local fair housing laws and procedures may supersede Title VIII. These generally must be approved by HUD. Enforcement procedures are triggered by a complaint of Title VIII violations.
Additional Guidance			"Fair Housing" (24 CFR Parts 100-115)
SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1969, AS AMENDED (12 U.S.C. 1701u)
Objective			To provide training and employment opportunities, to the extent possible, to lower-income residents of the project area. To provide contracts associated with TCDP-funded projects to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area.
Relevant Features			Project area is defined as the "unit of local government, metropolitan area, or nonmetropolitan county" in which the project is located.
Additional Guidance			24 CFR Part 135
SECTION 109 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1974, AS AMENDED (42 U.S.C. 5309)
Objective			To ensure that no person be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part under Title I of the HUD Act of 1974 on the basis of race, color, national origin, age, handicap, or sex.
Relevant Features			The HUD Regional Office retains primary responsibility for compliance monitoring related to these requirements.
AGE DISCRIMINATION ACT OF 1975, AS AMENDED (42 U.S.C. 6101)
Objective			To prohibit age discrimination in programs receiving federal financial assistance.
Relevant Features			Compliance procedures are triggered by a complaint. Proof of non-compliance is the responsibility of the funding agency. The HUD Regional Office also has general compliance responsibilities in this area.
Additional Features			"Non-Discrimination on the Basis of Age in Programs and Activities Receiving Federal Financial Assistance" (45 CFR 90).
SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED (29 U.S.C. 794)
Objective			To ensure that no otherwise qualified individual is solely, by reason of his/her handicap, excluded from participation in, the benefits of, or subject to discrimination under any program or activity receiving federal financial assistance.
Relevant Features			HUD retains responsibility for compliance monitoring.
Additional Guidance			"Nondiscrimination on the Basis of Handicap in Federally Assisted Programs" 48 Fed. Reg. 22470 (May 18, 1983) and 48 Fed. Reg. (June 15, 1983).
ARCHITECTURAL BARRIERS ACT OF 1968, AS AMENDED (42 U.S.C. 4151) AND SECTION 502 OF THE REHABILITATION ACT OF 1973, AS AMENDED (29 U.S.C. 792)
Objective			To ensure that certain buildings, and public conveyances financed with federal funds are designed, constructed, or altered as to be accessible to the physically handicapped.
Relevant Features			Buildings and facilities are defined as those intended to be accessible to the general public. Exclusions include private residential structures and the providing of guaranteed/insured loans.
Additional Guidance			"Minimum Guidelines and Requirements for Accessible Design" (35 CFR Part 1190).
EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246, SEPTEMBER 24, 1965)
Objective			To ensure that no employer performing construction work for a recipient of federal assistance discriminates against any employee or applicant for employment on the basis of race, color, religion, sex, or national origin.
Relevant Features			Assistance is defined as a grant, contract, loan, insurance, or guarantee. Total value of a contract or subcontract is defined as both federal assistance and other public or private funds. Exclusions include contracts and subcontracts that do not or are not expected to exceed a total value of $10,000 or an aggregate total value exceeding $10,000 over a twelve-month period, and employment references for Indians on contracts or subcontracts on or near an Indian reservation.
Additional Guidance			41 CFR Part 60
EQUAL OPPORTUNITY IN HOUSING (EXECUTIVE ORDER 11063, AS AMENDED BY EXECUTIVE ORDER 12259)
Objective			To prohibit discrimination in housing or residential property financing related to any federally assisted activity against individuals on the basis of race, color, religion, sex or national origin.
Relevant Features			Discrimination regarding race, color, religion, sex, or national origin cannot be practiced in the operation/funding of housing and related facilities that were provided through federal assistance.
Additional Guidance			42 CFR Part 107
These equal opportunity procedures will complement the public works contracting and labor standards provisions discussed in Chapters 5 and 6, since the majority of funds for construction will require bidding/contracting as well as employment of laborers. A comprehensive construction contract checklist is also included in Chapter 6-Public Works Contracting (Attachment 6-A).
Additionally, the Texas Department of Community Affairs has established minority participation requirements for contractor localities. They are part of all TCDP contracts. The percentage required is based on the population of the contractor locality. For those cities/counties with a 15% or more minority population, the required percentage is 15%. For those with population between 5% and 15%, it is that same percentage. Herewith is the text of this requirement:
21.	Minority participation.
A.	Contractor shall ensure that at least _____ percent (_____%) of the funds subcontracted under this contract are awarded to minority businesses. Not more than 25% of the % requirement may be satisfied by the subcontracting of administrative services to minority businesses or minority group members. In the event contractor's prime contractor does not subcontract any portion of the construction work funded under this contract, contractor shall ensure that at least _____%) of the work force employed by such prime contractor is composed of minority group members.
B.	Contractor shall ensure that at least _____ percent (_____%) of the work force employed by contractor on construction projects funded under this contract is composed of minority group members. Not more than 25% of the _____% requirement may be satisfied by the subcontracting of administrative services to minority businesses or minority group members.
C.	For the purpose of this section 21, the following words and terms shall have the following meanings:
	1.	"Minority business" means a corporation, partnership, sole proprietorship, or other legal entity formed for the purpose of making a profit, if at least 50% of the business is owned by minority group members or, in the case of a corporation, at least 51% of its shares are owned by minority group members.
	2.	"Minority group members" are Black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans, American Indians, Pacific Islanders, and Alaskan Natives.
	3.	"Administrative Services" include management consultants, engineers, architects, appraisers, auditors, attorneys, accountants, and other professionals.
D.	None of the requirements of this section 21 shall apply if the percentage of the total population of contractor's jurisdiction composed of minority group members is less that 5%.
Recordkeeping requirements for this area are located in other appropriate Chapters of the manual (Chapter 3/Attachment 3-P; Chapter 5/Attachments 5-A and 5-B; and Chapter 6/Attachment 6-G), and are discussed in those Chapters regarding their applicability to the overall project implementation process.
It is further required that the locality ensure that all applicable equal opportunity provisions and certifications are included in bid packages and contracts.
The required provisions for inclusion in contracts will vary depending on the contract amount. These include:
Section 3 of the Housing and Urban Development Act of 1968, as amended;
Section 3 Plan;
Section 109 of the Housing and Community Development Act of 1974;
Title VI, Civil Rights Act of 1964
Executive Order 11246, as amended (including minority/female hiring goals);
Section 504 of the Rehabilitation Act of 1973, as amended.
Please see Chapter 6 (Attachment 6-F) for sample bid packet/contract document that contains these provisions Additionally, Attachment 7-A includes typical questions and answers on Equal Employment Opportunity responsibilities related to construction contractors.
LOCAL CONTRACTOR RESPONSIBILITIES
This section of the Chapter will provide an overview of the range of areas of civil rights and fair housing compliance for which the contractor locality is responsible. These responsibilities require the local government to take certain actions directed toward the following two categories, those being:
(1)	Non-discrimination and equal opportunity; and
(2)	Affirmative action to remedy and overcome the effects of past discrimination.
These general requirements apply across-the-board to administration of TCDP Contract activities in any of the three major program areas, (i.e., public facilities, housing, and economic development) funded under the Texas Community Development Program.
Under the non-discrimination requirements, the contractor locality must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the local TCDP activity. As the project progresses, the contractor locality must monitor the extent to which protected groups within the community are, in fact, participating in and receiving benefits from the TCDP activity.
For some projects this is quite simple. For instance, TCDP funding of a local rehabilitation program is awarded based on information and target areas provided in the TCDP application. It is easy to identify the extent to which protected groups will be impacted by the housing rehabilitation program. It is equally easy to then report on how many households headed by minorities, women, elderly, or handicapped individuals were actually rehabilitated.
For other types of projects, identifying the target areas and beneficiaries may not be as simple. At a minimum, the contractor locality must take those actions to ensure that members of the protected groups have equal access to any information, related services, and job opportunities associated with the TCDP-funded project.
Contractor localities must maintain records of final project beneficiaries by race, ethnicity, and sex for inclusion in their Project Completion Reports. Excellent sources for this information are community low/moderate surveys, census data, and project files (such as those for housing rehabilitation, service connections, and relocation activities).
Finally, the contractor locality must demonstrate nondiscrimination related to the decisionmaking process by which elements of the TCDP project were determined. For example, if the contractor locality is acquiring land for a senior citizens center, will the chosen location be equally accessible to neighborhoods with large concentrations of minority residents as to those with high concentrations of nonminority households?
In terms of affirmative action, the major objective is to overcome the effects of past discrimination. Affirmative actions (presented in an affirmative action plan) must be taken any time there has been a finding against a contractor locality as a result of a compliance review conducted by the TCDP staff as part of its monitoring responsibilities or as the result of any discrimination complaint investigation carried out by the HUD Regional Fair Housing and Equal Opportunity Office (FHEO). The plan must identify the effects of the past discrimination and specify those actions the contractor locality will take in order to overcome the identified effects.
In some cases, even without a formal finding, the contractor locality should consider affirmative action to address self-identified instances of possible discrimination or where the intent of the equal opportunity provisions have not been met. For instance, if local government employment is not representative of the general population of the jurisdiction, the TCDP administering agency should consider designing an affirmative action program to provide greater employment, training, and promotion opportunities for members of protected groups. When contracting with private or public entities for either the administration or implementation of TCDP Contract activities, the contractor locality must provide the construction contractor with non-discrimination and equal opportunity information and must monitor the construction contractors to ensure that all required actions are taken. A more detailed list of the contractor locality's and construction contractor's responsibilities is provided in Chapter 6 of this manual.
When awarding contracts for construction. contractor localities must hold a pre-construction conference to familiarize construction contractors with all related program requirements. The conference must cover, at a minimum, the following concerns:
** Labor Standards
** Davis-Bacon and Related Acts
** Section 3 of the HUD Act of 1968, as amended
** Executive Order 11246
** Equal Employment Opportunity
** Posting of required notices at both the construction contractor's office and at the job site
** Appointment of an Equal Opportunity Officer
After holding a pre-construction conference, a pre-construction report must be written to summarize the subjects covered. A sample report is located in Chapter 6. (Attachment 6-N). A copy of this report should be placed in both the Equal Opportunity Compliance file and cross-referenced in the Labor Standards Compliance file.
Construction contractors and all subcontractors under this program must also submit monthly employment utilization reports (Standard Form 257), included as Attachment 6-T of this manual, to the contractor locality during construction to ensure compliance with TDCA's minority participation requirements. These reports must summarize employment by race, sex, and job classification, be reviewed for compliance with the equal opportunity requirements, and placed in the Equal Opportunity Compliance file.
After project construction begins, each local site visit should be noted with appropriate comments in the Equal Employment Compliance file. Each construction contractor should be interviewed during the construction period to ensure compliance with all Equal Employment Opportunity construction contract specifications contained in the contract.
In the course of administering local programs, several contractor localities have brought up concerns regarding the local requirements for specific equal opportunity provisions in the Texas Community Development Program. To provide further guidance in this area, the next section serves to clarify two of the key areas of the equal opportunity compliance.
SECTION 3
Section 3 of the Housing and Urban Development Act of 1968, as amended, provides that, to the greatest extent feasible, opportunities for training and employment that arise through TCDP-funded projects shall be given to low-income residents of the project area. For contractor localities, the project area is generally the entire City or county. Section 3 also provides that for contracts awarded in connection with such projects, priority be given to businesses either located in the project area or businesses owned by residents of the target area. The local employment objective is generally easy to meet if the contractor locality is completing Contract activities with force account labor, i.e., is directly hiring permanent or temporary City or county employees. It becomes more difficult to accomplish when going through the competitive bidding process, as many construction contractors have permanent work crews employed already that may or may not be local residents.
Also, it is obviously difficult to target contracts to local businesses because of the State of Texas' statutory requirements on competitive bidding ("lowest and best bid").
To begin with, all contractor localities should take the following steps regarding Section 3 compliance. First of all, contractor localities must prepare a written Section 3 of Affirmative Action Plan (see Attachment 7-C for a sample). At a minimum, the plan should include the specifics listed in that sample. This plan has special importance in cities or counties using force account labor, as very frequently the contractor locality itself will be hiring new employees, whether permanent or temporary. While the Section 3 Plan must be completed locally, it does not have to be approved by TDCA. Still, it needs to be kept in your local program EEO files for future monitoring purposes.
For projects involving competitive bidding for construction projects, contractor localities must include Section 3 provisions in the bid packet and made available to all bidders (construction contractors) during the public advertisement period. It should be noted here that by using TDCA's format in Chapter 6, (in Attachment 6-F), bidders are also guaranteeing that Section 3 compliance clauses will be included in all sub-contracts (if they are the low bidder and receive the construction contract award). In addition, it should be noted that all bidders merely need to certify that they will prepare a Section 3 plan if they are awarded the contract. In other words, Section 3 plans are not required as part of the actual bid proposal submitted (only the certification is).
On a related note, it should be pointed out that economic development projects are somewhat different. While Section 3 plans are not required of participating firms or businesses, the Department certainly would encourage their use in this area to assure the low and moderate income benefit level regarding local jobs being created or retained is met.
Again, there are no dollar limitations related to the Section 3 provisions for contractor localities, construction contractors, et. al.
EXECUTIVE ORDER 11246
Executive Order 11246, as amended, provides that no person shall be discriminated against, on the basis of race, color, religion, sex, or national origin, in any phase of employment during the performance of any TCDP-assisted construction contract in excess of $10,000. The U.S. Department of Labor is responsible for regulatory guidance in this area for all federally-assisted construction contracts.
As most contractor localities are aware, equal employment opportunity provisions also apply to the contractor locality regarding its hiring and promotional practices. In addition to the non-discrimination provisions of Executive Order 11246, contractor localities and all construction contractors/subcontractors are also required to take affirmative action to ensure that applicants are employed, and that all employees are treated equally during employment, without regard to their race, color, sex, religion, or national origin. Section 201 of the Order instructs the Secretary of the U.S. Department of Labor to adopt rules deemed necessary to carry out these provisions, which are included in the sample bid packet (Attachment 6-F of this manual). Also, the required bidder certification is included in that same attachment.
In addition, the U.S. Department of Labor's rules established minority/female employment goals by "Economic Area". The latter is usually a metropolitan area/county or a multicounty nonmetropolitan area. The DOL rules and corresponding goals are included as Attachment 6-G of this manual. Please note that the federal goal for employment or women is 6.9% for all projects until further notice from DOL. The minority goals must also be incorporated into all bid packets, and are specific to geographic area. To track actual employment, construction contractors are encouraged to use the monthly employment Utilization Report (Attachment 6-1).
Additionally, both contractor localities (force account projects only) and construction contractors must complete/maintain these monthly reports due to the new State minority participation requirements (See Attachments 5-B and 6-T).
Also, the sample bid packet contains all other related E.O. 11246 compliances for construction contractors. Of particular importance are the Affirmative Action Plan requirements. Such written affirmative action compliance programs are generally required under the following circumstances:
(1)	The contractor locality's construction contractor has 50 or more employees; and
(2)	Has a contract of $50,000 or more.
For areas that have had a past history of employment discrimination, DOL may also require that a written Affirmative Action compliance program be instituted by the contractor locality. These are generally larger metropolitan areas but may include small cities due to the recent Young vs. Pierce court decision on desegregation. Regarding businesses receiving direct assistance from contractor localities through the Texas Community Development Program, equal employment opportunity provisions are included in the sample local loan contract. These provisions are also required per OMB Circular A-102, Attachment 0 (14-C), as supplemented by the Texas Uniform Grant and Contract Management Standards. If your locality is concerned about the applicability of this requirement, please contact our Department for additional information.
EQUAL EMPLOYMENT OPPORTUNITY
In monitoring contractor localities in this compliance area, the Texas Department of Community Affairs staff will look at two major aspects:
(1)	The City/county's personnel policies; and
(2)	The actual personnel practices that are being followed or implemented locally. This includes hiring/advertising, employment, promotions, transfers, demotions, and dismissals, as well as a review of any past cases alleging discrimination against the locality.
Regarding personnel/employment policies, contractor localities should maintain in local contract files, any and all handbooks, policies and procedures manuals, and resolutions or ordinances regarding equal opportunity employment. For subcontracts (professional services, construction, et. al.), the contractor localities should keep documentation on file regarding the actual advertisements and subsequent subcontracts awarded to allow for a review of the inclusion of EEO requirements.
As far as documenting actual personnel practices, it is strongly recommended that contractor localities use the form (Attachment 7-C of this chapter) entitled "State and Local Government Information", the EEO-4 form used for general revenue sharing, for general recordkeeping regarding equal employment opportunity. This form documents race, sex, and type of job, the City or county's total employees, and serves as adequate documentation to monitor compliance in this area. Please note that this form was a TCDP application requirement, and merely needs to be updated on an annual basis to meet the EEO recordkeeping requirements for the contractor locality.
AFFIRMATIVELY FURTHERING FAIR HOUSING.
In all 1984 and 1985 TCDP applications and subsequent TCDP contracts, TCDP contractor localities certified that they would affirmatively further fair housing. Each locality generally specified this as being completion of one or more of the following activities:
A.	Passing a fair housing ordinance/resolution
B.	Developing a strategy to pass a fair housing ordinance/resolution
C.	Initiating a fair housing counseling service
D.	Assisting fair housing groups
E.	Establishing local complaint and monitoring processes
F.	Providing housing choices outside historically minority and/or low/moderate income neighborhoods
G.	Assisting housing projects that are racially mixed
H.	Enforcing fair housing guidelines that are equivalent to a fair housing ordinance/resolution
I.	Adopting and distributing fair housing policies
One additional activity that is strongly recommended for contractor localities is to join in the National Celebration of Fair Housing Month (J). Since the Fair Housing Act was passed in April 1968, the Secretary of Housing and Urban Development has traditionally proclaimed the month of April as Fair Housing Month. States and other governmental officials, as well as private sector representatives who address fair housing problems and concerns, are urged to publicize and participate in this celebration. Elected officials of each TCDP contractor locality is encouraged to participate in this celebration by signing a proclamation declaring April as Fair Housing Month for his/her jurisdiction. Other activities may be eligible to meet this certification, and contractor localities should contact the Community Development and Housing Division to determine eligibility.
All funded 1984 and 1985 TCDP contractor locality applications have been reviewed by staff in order to evaluate what activities were already being undertaken, prior to application for TCDP funding, to affirmatively further fair housing, and what commitments were made by each locality to implement fair housing activities if their TCDP project was funded.
All funded contractor localities must undertake their fair housing activities either prior to close-out of the TCDP Contract, or prior to commencement of actual contract activities. Projects involving public works activities (e.g., street and water improvements) are required to have their fair housing activities in place prior to close-out. Projects, however, involving housing rehabilitation and/or residential relocation, must complete their fair housing activity commitments prior to commencement of actual contract activities (please refer to the TCDP Project Implementation manual, page).
All 1984 and 1985 TCDP contractor localities are required to submit specific descriptions of their fair housing activities to TDCA, in addition to keeping copies of them in their local program files. Contractor localities that included copies of their fair housing ordinances and/or resolutions with their TCDP applications need not resubmit these documents. However, contractor localities who only signed certifications and/or outlined proposed activities, or provided other information, are required to submit to TDCA evidence of specific efforts being taken to fulfill this requirement within the time frames stated above.
MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
The Texas Department of Community Affairs-Texas Community Development Program is currently receiving technical assistance from the consulting firm of A.O. Phillips and Associates to implement the MBE Program. The primary objective of this program is to assist contractor localities achieve the 5-15% requirement in contracting/subcontracting with viable MBEs.
As you know, contractor localities are not limited to construction activities alone to meet their MBE employment requirements. Another option is to utilize minority firms to purchase materials/equipment and supplies. Also, the use of minority architectural and engineering firms are encouraged.
A. O. Phillips and Associates is a minority-owned management consulting firm selected by the U.S. Department of Housing and Urban Development (HUD) to assist the Texas Department of Community Affairs increase minority participation in the program. They will provide rosters of minority businesses to funded localities and assist the businesses in meeting the requirements of program participation. The firm has offices and staff in Dallas and Houston to assist TDCA and contractor localities locate certified, qualified minority businesses. The Dallas office is located at 4131 No. Central Expressway, Suite 540, Dallas, Texas 75204, 214/522-7050. This office services 9 of the 24 council of governments/planning regional commissions. These areas are the Nortex Regional Planning Council, North Central, Ark-Tex and East Texas COGs. Also, they assist the Heart of Texas, Deep East, Central Texas COGs and the Brazos Valley Development Council and the Texoma Regional Planning Council. The Houston office located at 8 Greenway Plaza, Suite 802, Houston, Texas, 713/961-9036, serves the balance of the eligible localities throughout the state.
Both localities and minority business owners are encouraged to take advantage of the expertise of the A. O. Phillips firm. Of course, the MBE specialist with the TCDP staff is available to assist Mr. Phillips, the contractor localities and the businesses to meet the overall objectives of the program.
HUD/DEPARTMENT OF COMMERCE COOPERATIVE AGREEMENT
On June 14, 1983, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Commerce (DOC) entered into a cooperative agreement to open up new opportunities in Community Development projects for minority owned businesses. Through DOC's Minority Business Development Agency (MBDA) it will provide for the full range of services of its national networks of the Minority Business Development Centers (MBDC). Attachment 7-D is a listing of the MBDC's in the State of Texas. All contractor localities are encouraged to utilize this network to assist them in achieving local and state equal opportunity goals in this area.
U.S. SMALL BUSINESS ADMINISTRATION - SURETY BOND GUARANTEE PROGRAM
To promote the use of minority business enterprises, contractor localities may provide direct assistance to such firms in meeting construction contractor bonding requirements. It is an allowable cost, for instance, to pay bond premiums on behalf of such firms out of the TCDP Contract's General Administration funds.
Alternatively, there is also an existing program available to assist such firms through the U.S. Small Business Administration (SBA). This federal agency has an existing program that provides bond guarantees to surety companies. It was specifically established to open the bonding system to those small contractors who previously may have been denied access to the system by guaranteeing up to 90% of a surety's losses on a particular contract which SBA has agreed to guarantee. It applies to contracts of $1 million or less, which would include almost all TCDP-related construction contracts. The information on this SBA program is included for your information here as Attachment 7-F. As you will note in reading through it, there are currently 25 surety agencies in the State of Texas that are representing surety companies that are participating in the program. In conclusion, this SBA program presents a significant resource to the Texas Community Development Program whose use will be promoted in this and subsequent years of the program.
RECORDKEEPING REQUIREMENTS
The Equal Opportunity Compliance file should contain the following:
** Indication of location of bid specifications/contract (usually in Public Works Contracting file)
** Copy of Equal Opportunity provisions
** Contractor Certification of Compliance with Equal Opportunity
** Contractor Certification of Nonsegregated Facilities
** Contractor Certification of Compliance with Section 3
** Verification of Contractor Eligibility, including notes on any telephone contacts made
** Notice of Contract Award/Preconstruction Conference
** Written Section 3 Plan
** Written Affirmative Action Plan, if contractor locality and/or construction contractor has 50 employees or more and the contract is in excess of $50,000
** DOL Approval of Affirmative Action Plan (if applicable)
** Preconstruction Conference Report
** Notice of Start of Construction
** Monthly Employment Utilization Reports submitted by construction contractor
** Monitoring Site Visit Report
** Compliance Monitoring Reports
** Complaints, if any, and actions taken
** Correspondence concerning Contractor Equal Opportunity compliance
REPORTING REQUIREMENTS
The major reporting requirement for equal opportunity that must be provided from the contractor locality to the Department is the quarterly Minority Business Enterprise Report. It must be submitted to the Department on the 20th day following the end of each calendar quarter (i.e., 4/20, 7/20, 10/20, and 1/20). All of the information requested on it should be available from previously referenced forms and information that the contractor locality is already collecting for other EEO compliance requirements. A copy of the MBE Report and instructions are included as Attachments 3-P and 5-A of this manual.
COMPLAINT PROCEDURES
TDCA has adopted a formal complaint system to allow for investigation of complaints received about the quality of services provided by TDCA-administered block grant programs, including the Texas Community Development Program. Such a procedure was required to be adopted by Section 6 of Article 6252-13e (State Senate Bill 117). Please also note that all Title VI complaints received by TDCA must be forwarded to HUD. (See the next section of this chapter for further details.)
The following are procedural requirements for responding to local complaints concerning the quality of services provided by the contractor locality: