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HomeMy WebLinkAboutRES 17-110RESOLUTION NO. 17-110 A RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH THE CITY OF BEAUMONT, TEXAS PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT — DISASTER RECOVERY (CDBG - DR) PROJECTS AND ADHEREANCE TO THE REGULATIONS DESCRIBED THEREIN. WHEREAS, The City of Beaumont is a recipient of Federally Funded Community Development Block Grant — Disaster Recovery Funds; and, WHEREAS, in accordance with Section 3 of the Housing and Urban Development Act of 1968, as amended, and 24 CFR Part 135, is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the project area; and, WHEREAS, in consideration for the receipt and acceptance of federal funding, agrees to comply with all federal rules and regulations including those rules and regulations governing citizen participation and civil rights protections; and, WHEREAS, in accordance with Section 104(1) of the Housing and Community Development Act, as amended, and State's certification requirements at 24 CFR 91.325(b)(6), must adopt an excessive force policy that prohibits the use of excessive force against non-violent civil rights demonstrations; and, WHEREAS, in accordance with Section 109 of the Title I of the Housing and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by the CDBG activity, on the basis of race, color, religion, sex, national origin, age, or disability; and, WHEREAS, in accordance with Section 504 of the Rehabilitation Act of 1973, does not discriminate on the basis of disability and agrees to ensure that qualified individuals with disabilities have access to programs and activities that receive federal funds; and, WHEREAS, in accordance with Section 808(e)(5) of the Fair Housing Act (42 USC 3608(e)(5)) that requires HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period, to affirmatively further fair housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City of Beaumont hereby adopts the following policies attached hereto: 1. Section 3 Policy, Exhibit "A" 2. Citizen Participation Plan & Grievance Procedures, Exhibit "B" 3. Excessive Force Policy, Exhibit "C" 4. 504 Grievance procedure, Exhibit "D" 5. Fair Housing Policies, Exhibit "E" PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of May, 2017. Oyor Becky Ames - Attest: L [ ('-' Kyle Hayes, City Manager Section 3 Policy In accordance with 12 U.S.C. 1701u the City of Beaumont agrees to implement the following steps, which, to the greatest extent feasible, will provide job training, employment and contracting opportunities for Section 3 residents and Section 3 businesses of the areas in which the program/project is being carried out. A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for compliance to Section 3 regulations by increasing opportunities for employment and contracting for Section 3 residents and businesses. B. Assign duties related to implementation of this plan to the designated Civil Rights Officer. C. Notify Section 3 residents and business concerns of potential new employment and contracting opportunities as they are triggered by TxCDBG grant awards through the use of: Public Hearings and related advertisements; public notices; bidding advertisements and bid documents; notification to local business organizations such as the Chamber(s) of Commerce or the Urban League; local advertising media including public signage; project area committees and citizen advisory boards; local HUD offices; regional planning agencies; and all other appropriate referral sources. Include Section 3 clauses in all covered solicitations and contracts. D. Maintain a list of those businesses that have identified themselves as Section 3 businesses for utilization in TxCDBG funded procurements, notify those businesses of pending contractual opportunities, and make this list available for general Grant Recipient procurement needs. E. Maintain a list of those persons who have identified themselves as Section 3 residents and contact those persons when hiring/training opportunities are available through either the Grant Recipient or contractors. F. Require that all Prime contractors and subcontractors with contracts over $100,000 commit to this plan as part of their contract work. Monitor the contractors' performance with respect to meeting Section 3 requirements and require that they submit reports as may be required by HUD or GLO to the Grant Recipient. G. Submit reports as required by HUD or GLO regarding contracting with Section 3 businesses and/or employment as they occur; and submit reports within 20 days of calendar year end which identify and quantify Section 3 businesses and employees. H. Maintain records, including copies of correspondence, memoranda, etc., which document all actions taken to comply with Section 3 regulations. As officers and representatives of the City of Beaumont, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Title DISASTER RECOVERY EXHIBIT "A" Date Section 3 Plan City of Beaumont, Texas Policy Statement The City of Beaumont supports the Department of Housing and Urban Development's (HUD's) legislative efforts to provide preference to very low, low and moderate income residents of the local community (regardless of race and gender), and the businesses that substantially employthese persons, for new employment, training, and contracting opportunities resulting from HUD funded projects. What is Section 3? Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S. C. 1701 u) (Section 3) requires the City of Beaumont to ensure that employment and other economic and business opportunities generated by the Department and Housing and Urban Development (HUD) financial assistance, to the greatest extent feasible, are directed to public housing residents and other low-income persons, particularly recipients of government housing assistance, and business concerns that provide economic opportunities to very low, low and moderate income persons. Section 3 is applicable when the normal completion of construction and rehabilitation projects creates the need for new employment, contracting, or training opportunities. If the expenditure of covered funding does not result in new employment, contracting, or training opportunities, the requirements of Section 3 are not applicable. As a recipient of HUD Community Planning and Development assistance, the City of Beaumont certifies it will comply with the requirements of Section 3. HUD Community Planning and Development programs include the CDBG, HOME, ESG, and Neighborhood Stabilization Programs. The requirements of Section 3 also apply to contractors or subcontractors that receive contracts in excess of $100,000 for Section 3 eligible projects / activities. HUD's regulations on Section 3 can be found in the Code of Federal Regulations, at 24 CFR 135. Eligible Projects All projects / activities involving housing construction, demolition, rehabilitation or other public construction, i.e., roads, sewers, community centers, etc., that are completed with HUD Community Planning and Development funding are subject to the requirements of Section 3... DISASTER RECOVERY s Section 3 Residents 1. Are residents of Public and Indian Housing, or 2. Are individuals that reside in the census tracts in or around the area(s) in which the Section 3 applicable assistance is expended and whose income does not exceed the local HUD income limits set forth for very low, low and moderate income households. Section 3 Business Concerns To be considered a Section 3 Business Concern at least one of the following must apply: 1. Business is 51 % or more owned by Section 3 residents. 2. At least 30% of the business's permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the firm were Section 3 residents; or 3. Business provides evidence of a commitment to subcontract in excess of 25% or the dollar amount of all subcontracts to be awarded to businesses that meet the qualifications described above. In accordance with the regulation, residents and business concerns seeking Section 3 preference shall certify, and/or submit evidence to the City of Beaumont, contractor, or subcontractor, verifying that they meet the definitions provided above. Implementing Procedures to Ensure Section 3 Requirements The following Bid Specifications & Contract clause is included in all City of Beaumont bid specifications and contracts whose funding is derived from HUD and involves housing construction, demolition, rehabilitation, or other public construction, i.e., roads, sewers, community centers, etc. `The work to be performed under this bid specification /contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD Assistance or HUD —assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to very low, low, and moderate income persons, particularly persons who are recipients of HUD assistance for Housing.' Compliance to Section 3 To ensure compliance with Section 3 requirements, the City of Beaumont will document actions taken to comply, including but not limited to: M 1. Facilitating the training and employment of Section 3 residents by notifying the Beaumont Housing Authority, local job training centers, and the Texas Workforce Commission of new employment, training, or contracting opportunities resulting from the expenditure of covered funding; 2. Assisting and actively cooperating with HUD in ensuring contractors and subcontractors comply with Section 3; 3. Refraining from entering into contracts with contractors that are in violation of Section 3 regulations; and 4. Documenting actions taken to comply with Section 3 and submitting Section 3 Summary report (HUD Form 600002). THE CITY OF BEAUMONT CITIZEN PARTICIPATION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT -,DISASTER RECOVERY PROGRAM COMPLAINT PROCEDURES These complaint procedures comply with the requirements of the Texas General Land Office's Community Development Block Grant - Disaster Recovery (CDBG - DR) Program and Local Government Requirements found in 24 CFR §570.486 (Code of Federal Regulations). Citizens can obtain a copy of these procedures at the City of Beaumont, 1401 State Highway 146, Beaumont, Texas, (281) 334-1611 during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the CDBG - DR project. A person who has a complaint or grievance about any services or activities with respect to the CDBG - DR project, whether it is a proposed, ongoing, or completed CDBG - DR project, may during regular business hours submit such complaint or grievance, in writing to the City of Beaumont, 1401 State Highway 146, Beaumont, Texas, or may call (281) 334-1611. 2. A copy of the complaint or grievance shall be transmitted to the entity that is the subject of the complaint or grievance and to the City Attorney within five (5) working days after the date of the complaint or grievance was received. 3. The City shall complete an investigation of the complaint or grievance, if practicable, and provide a timely written answer to person who made the complaint or grievance within ten (10) days. 4. If the investigation cannot be completed within ten (10) working days per 3. above, the person who made the grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after receipt of the original complaint or grievance and shall detail when the investigation should be completed. 5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to the CDBG - DR for their further review and comment. 6. If appropriate, provide copies of grievance procedures and responses to grievances in both English and Spanish, or other appropriate language. TECHNICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons of low- and moderate -income in developing proposals for the use of CDBG - DR funds. The City, based upon the specific needs of the community's residents at the time of the request, shall determine the level and type of assistance. DISASTER RECOVERY EXHIBIT "B" The City, based upon the specific needs of the community's residents at the time of the request, shall determine the level and type of assistance. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be observed: 1. Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled hearing. The public notice must be published in a local newspaper. Each public notice must include the date, time, location, and topics to be considered at the public hearing. A published newspaper article can also be used to meet this requirement so long as it meets all content and timing requirements. Notices should also be prominently posted in public buildings and distributed to local Public Housing Authorities and other interested community groups. 2. When a significant number of non-English speaking residents are a part of the potential service area of the CDBG - DR project, vital documents such as notices should be published in the predominant language of these non-English speaking citizens. 3. Each public hearing shall be held at a time and location convenient to potential or actual beneficiaries and will include accommodation for persons with disabilities. Persons with disabilities must be able to attend the hearings and the City must make arrangements for individuals who require auxiliary aids or services if contacted at least two days prior to the hearing. 4. A public hearing held prior to the submission of a CDBG - DR application must be held after 5:00 PM on a weekday or at a convenient time on a Saturday or Sunday. 5. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City shall comply with the following citizen participation requirements for the preparation and submission of an application for a CDBG - DR project: 1. At a minimum, the City shall hold at least one (1) public hearing to prior to submitting the application to the Texas General Land Office. 2. The City shall retain documentation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the proposed use of funds for three (3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. 3. The public hearing shall include a discussion with citizens as outlined in the applicable CDBG - DR application manual to include, but is not limited to, the development of housing and community development needs, the amount of funding available, all eligible activities under the CDBG - DR program, and the use of past CDBG - DR contract funds, if applicable. Citizens, with particular emphasis on persons of low- and moderate -income who are residents of slum and blight areas, shall be encouraged to submit their views and proposals regarding community development and housing needs. Citizens shall be made aware of the location where they may submit their views and proposals should they be unable to attend the public hearing. 4. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, an interpreter should be present to accommodate the needs of the non-English speaking residents. The City must comply with the following citizen participation requirements in the event that the City receives funds from the CDBG - DR program: 1. The City shall also hold a public hearing concerning any substantial change, as determined by CDBG - DR, proposed to be made in the use of CDBG - DR funds from one eligible activity to another again using the preceding notice requirements. 2. Upon completion of the CDBG - DR project, the City shall hold a public hearing and review its program performance including the actual use of the CDBG - DR funds. 3. When a significant number of non-English speaking residents can be reasonably expected to participate in a public hearing, for either a public hearing concerning substantial change to the CDBG - DR project or for the closeout of the CDBG - DR project, publish notice in both English and Spanish, or other appropriate language and provide an interpreter at the hearing to accommodate the needs of the non-English speaking residents. 4. The City shall retain documentation of the CDBG - DR project, including hearing notice(s), a listing of persons attending the hearing(s), minutes of the hearing(s), and any other records concerning the actual use of funds for a period of three (3) years three (3) years from closeout of the grant to the state. Such records shall be made available to the public in accordance with Chapter 552, Texas Government Code. Mayor Date Excessive Force Policy In accordance with 24 CFR 91.325(b)(6), the City of Beaumont hereby adopts and will enforce the following policy with respect to the use of excessive force: 1. It is the policy of the City of Beaumont to prohibit the use of excessive force by the law enforcement agencies within its jurisdiction against any individual engaged in non-violent civil rights demonstrations; 2. It is also the policy of the City of Beaumont to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction. 3. The City of Beaumont will introduce and pass a resolution adopting this policy. As officers and representatives of the City of Beaumont, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Date Title DISASTER RECOVERY EXHIBIT "C" Section 504 Policy Against Discrimination based on Handicap and Grievance Procedures In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in federally assisted programs and activities of the Department of Housing and Urban Development, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309), the City of Beaumont hereby adopts the following policy and grievance procedures: 1. Discrimination prohibited. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development (HUD). 2. The City of Beaumont does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its federally assisted programs and activities. 3. The City of Beaumont's recruitment materials or publications shall include a statement of policy number 1 (mentioned above). 4. The City of Beaumont shall take continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipients that it does not discriminate on the basis of handicap in violation of 24 CFR Part 8. 5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the TxCDBG program, The City of Beaumont shall ensure that they are provided with the information necessary to understand and participate in the TxCDBG program. 6. Grievances and Complaints a. Any person who believes she or he has been subjected to discrimination on the basis of disability may file a grievance under this procedure. It is against the law for The City of Beaumont to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance. b. Complaints should be addressed to: Mitchell Normand, Personnel Manager, P.O. Box 3827, Beaumont Texas 77704, (409) 880-3760 who has been designated to coordinate Section 504 compliance efforts. c. A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. DISASTER RECOVERY EXHIBIT "D" d. A complaint should be filed within thirty (30) working days after the complainant becomes aware of the alleged violation. e. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by Mitchell Normand. Informal but thorough investigations will afford all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. f. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Mitchell Normand, and a copy forwarded to the complainant with fifteen (15) working days after the filing of the complaint where practicable. g. The Section 504 coordinator shall maintain the files and records of the City of Beaumont relating to the complaints files. h. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the determination/resolution as described in f. above. The request for reconsideration should be made to the City of Beaumont within ten working days after the receipt of the written determination/resolution. i. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the U.S. Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. j. These procedures shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and assure that the City of Beaumont complies with Section 504 and HUD regulations. As officers and and fully agree program. Signature representatives of the City of Beaumont, we the undersigned have read to this plan, and become a party to the full implementation of this Title Date 9 Fair Housing Policy In accordance with.Fair Housing Act, the City of Beaumont hereby adopts the following policy with respect to the Affirmatively Furthering Fair Housing: 1. The City of Beaumont agrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national origin). 2. The City of Beaumont) agrees to plan at least one activity during the contract term to affirmatively further fair housing. 3. The City of Beaumont will introduce and pass a resolution adopting this policy. As officers and representatives of The City of Beaumont, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Signature Title Date DISASTER RECOVERY EXHIBIT "E"