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HomeMy WebLinkAboutRES 23-379RESOLUTION NO. 23-379 RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH BEAUMONT, TEXAS, PAIC11CIPAFION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS AND ADHERENCE TO THE REGULATIONS DESCRIBED THEREIN. WHEREAS, The City of Beaumont, Texas, (hereinafter referred to as "City") has been awarded CDBG funding through a CDBG grant from the Texas General Land Office (hereinafter referred to as "GLO"); and, WHEREAS, the City, 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, the City, 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, the City, in accordance with Section 3 of the Housing and Urban Development Act of 1968,,as amended, and 24 CFR Part 75, is required, to the greatest extent feasible, to provide training and employment opportunities to lower income residents and contract opportunities to businesses in the CDBG project area; and, WHEREAS, the City, 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, the City, in accordance with Executive Order 13166, must take reasonable steps to ensure meaningful access to services in federally assisted programs and activities by persons with limited English proficiency (LEP) and inust have an LEP plan in place specific to the locality and beneficiaries for each CDBG project; and, WHEREAS, the City, 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, the City, 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 ftirtber the policies of the Fair Housing Act, agrees to conduct at least one activity during the contract period of the CDBG contract, to affirmatively further fair housing; and, WHEREAS, the City agrees to maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts; NOW, THER-FFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BEAUMONTTEXAS: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and; THAFtlic City adopts the following: I . Citizen Participation Plan and Grievance Procedures; 2. Excessive Force Policy; 3. Fair Housing Policy; 4. Section 504 Policy and Grievance Procedures; 5. Code of Conduct Policy. The City affirn-is its, con-unitment to conduct a project -specific analysis and take all appropriate action necessary to comply with program requirernerits for the following: 6. Section 3 economic opportunity; 7. Limited English Proficiency; and 8. Activity to affirmatively Further Fair Housing choice, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of 13,eaumont this the 12th day of December, 2023, ON Mayor Roy West - CITIZEN PARTICIPATION PLAN TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMPLAINT PROCEDURES These complaint procedures comply with the requirenients of the Texas General Land Office's Community Development Block Grant (CDBG) 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, 801 Main St, Beaumont, TX 77701, (409) 9�80-831 1, during regular business hours. Below are the formal complaint and grievance procedures regarding the services provided under the CDBG project. I . A person who has a complaint or grievance about any services or activities with respect to the CDBG project, whether it is a proposed, ongoing, or completed CDBG should contact the City of Beaumont, at 801 Main St, Beaumont, TX 77701, or may call, (409) 980-8311. 2. A copy of the complaint or grievance shall be transmitted by the City Clerk 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 tile complaint or grievance, if practicable, and provide a timely written answer to the 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 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. ,rECI-INICAL ASSISTANCE When requested, the City shall provide technical assistance to groups that are representative of persons, of low- and inoderate-income in developing proposals for the use of CD�BG 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. PUBLIC HEARING PROVISIONS For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be observed: I . 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 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 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 project: 1. At a minimum, the City shall hold at least one (1) public hearing prior to submitting the application to the Texas General Land Office. 2. The City shall retain docturientation of the hearing notice(s), a listing of persons attending the hearing(s), minutes of the licaring(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 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 program, and the use of past CDBG 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 (lie following citizen participation requirements in the event that the City receives funds fi-oin the CD13G program: 1. The City shall also hold a public hearing concerning any substantial change, as determined by CDBG, proposed to be made in the use of CDBG funds from one eligible activity to, another again using the preceding notice requirements. 2. Upon completion of the CDBG project, the City shall hold a public hearing and review its program performance including the actual use of the CDBG funds. 3. When a significant nu fiber 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 project or for the closeout of the CDBG 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 project, including hearing notice(s), a listing of persons attending the hearing(s), minutes of the licaring(s), and any other records concerning the actual use of funds for a period of 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. Roy West, Mayor Date Excessive Force Policy In accordance with 24 CFR 91.325(b)(6), the City of Beauniotit 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 wilt introduce and pass a resolution adopting this policy. As officers and representatives of City, we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program. Roy West, Mayor Date 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 fiirther 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, we the undersigned have read and fully agree to this plan, and become a party to the full iniplenientation of this program. Roy West, Mayor Date 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 .SC. 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 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 recruitment materials or publications shall include a statement of this policy in 1. above. 4. The City 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 agrecirients with the recipients that it (toes not discriminate on the basis of handicap in violation of 24 CFR Part S. 5. For hearing and visually impaired individuals eligible to be served or likely to be affected by the CDBG program, the City shall ensure that they are provided with the information necessary to understand and participate in the CDBG program. G. Grievances and Complaints A. Any person who believes she or lie 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: Samantha Humphrey, Director of Economic Development and Grant Management, 404 Washington Avenue, Anahuac, Texas 77514, (409) 267-2400, 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. 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. Tile investigation will be conducted by the Samantha Humphrey, Director of Economic Development and Grant Management. 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 Coty Secretary/Clerk, and a copy forwarded to the complainant with fifteen (15) working days after the filing of tile complaint where practicable. G. Tile Section 504 coordinator shall maintain the files and records of the City 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. Tile request for reconsideration should be made to the City within ten working days after the receipt of the written determination/resolution. T. The right of a person to a prompt and equitable resolution of the complaint filed hercutider 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 complies with Section 504 and HUD regulations. Roy West, Mayor Date CODE OF CONDUCT CONFLICT OF INTEREST POLICY PERTAINING TO PROCUREMENT PROCEDURES As a Grant Recipient of a CDBG contract, the City of Beaumont shall avoid, neutralize or mitigate actual or potential conflicts of interest so as to prevent an unfair competitive advantage or the existence of conflicting roles that might impair the performance of the CDBG contract or impact the integrity of the procurement process. For procurement of goods and services, no employee, officer, or agent of the City shall participate in the selection, award, or administration of a contract supported by CDBG funds if he or she has a real or apparent conflict of interest. Such a conflict could arise if the employee, officer or agent; any member of his/her immediate family; his/her partner; or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. No officer, employee, or agent of the City shall solicit or accept gratuities, favors or anything of monetary value from contractors or firms, potential contractors or firms, or parties to sub - agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. For all other cases, no employee, agent, consultant, officer, or elected or appointed official of the state, or of a unit of general local goverrinient, or of any designated public agencies, or subrecipients which are receiving CDBGf'unds, that has any grant -related function/responsibility, or is in a position to participate in a decision -making process or gain inside information, may obtain a financial interest or benefit from the federal or state grant activity. The conflict of interest restrictions and procurement requirements identified herein shall apply to a benefitting business, utility provider, or other third party entity that me or all work under a CDBG contract in order to meet any National Program Objectives. Any person or entity including any beriefitting business, utility provider, or other third party entity that is receiving assistance, directly or indirectly, -under a CDBG contract or award, or that is required to complete some or all work under the CDBG contract in Order to meet a National Program Objective, that might potentially receive benefits from CDBG awards may not participate in the selection, award, or administration of a contract supported by CDBG funding. Any alleged violations of these standards of conduct shall be referred to the City's Attorney. Where violations appear to have occurred, the offending employee, officer or agent shall be subject to disciplinary action, including but not limited to dismissal or transfer; where violations or infractions appear to be substantialin nature, the matter may be referred to the appropriate officials for criminal investigation and possible prosecution. Roy West, Mayor Date Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.