HomeMy WebLinkAboutR-2019-09 Participation in Federally Funded Community Development Block Grant (CDBG) Projects RESOLUTION 2019-09
A RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION WITH THE CITY OF
LA PORTE, TEXAS PARTICIPATION IN FEDERALLY FUNDED COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROJECTS AND ADHERENCE TO THE REGULATIONS DESCRIBED
THEREIN.
Whereas,the City of La Porte,Texas,(hereinafter referred to as"City")has been awarded federal funding through
a Community Development Block Grant(CDBG);
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;
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;
Whereas,the City,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 CDBG project area;
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;
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 must have an LEP plan in place specific to the locality and beneficiaries for each CDBG project;
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 further 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;
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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS,THAT THE CITY OF LA PORTE ADOPTS THE FOLLOWING:
1. Citizen Participation Plan and Grievance Procedures;
2. Section 3 Policy;
3. Excessive Force Policy;
4. Section 504 Policy and Grievance Procedures;
5. Limited English Proficiency Plan;
6. Fair Housing Policy; and
7. Code of Conduct Policy
Passed and approved this ) C) day of-Mr10,_ ,2019.
CITY OF LA PORTE
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Louis ' gby,Ma .r
ATTEST: APPROVED AS TO FORM:
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oodward, City Secretary Clark Askins,Assistant City Attorney
THE CITY OF LA PORTE
CITIZEN PARTICIPATION PLAN
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COMPLAINT PROCEDURES
These complaint procedures comply with the requirements of the 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 of La Porte, 604 W. Fairmont Pkwy, La Porte, Texas
77571,281-471-5020,during regular business hours.
Below are the formal complaint and grievance procedures regarding the services provided under the CDBG
project.
1. 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 project,may during regular business hours
submit such complaint or grievance, in writing to the City, at City of La Porte, 604 W. Fairmont Pkwy,
La Porte, Texas 77571, or may call 281-471-5020.
2. A copy of the complaint or grievance shall be transmitted by the City Administrator 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 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 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:
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 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 to prior to submitting the application
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 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 the following citizen participation requirements in the event that the City receives
funds from the CDBG 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 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 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 hearing(s), and any other records concerning the actual use of
funds r . •eriod of three (3) years from closeout of the grant to the state. Such records shall be made
availe ,' - public ' : cordance with Chapter 552, Texas Government Code.
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Lou s Rig y,Mayor dr Date
SECTION 3 POLICY
In accordance with 12 U.S.C. 1701u the City of La Porte agrees to implement the following steps,which,to the
greatest extent feasible, will provide lob 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 CDBG 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 CDBG 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 to the Grant Recipient.
G. Submit reports as required by HUD regarding contracting with Section 3 businesses and/or employment
as they occur; and submit reports within 20 days of the federal fiscal year end (by October 20) 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 La Porte, we the undersigned have read and fully agree to this plan,
and become . ea' to the full implementation of this program.
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L. is R':by,Mayor Date
EXCESSIVE FORCE POLICY
In accordance with 24 CFR 91.325(b)(6),the City of La Porte hereby adopts and will enforce the following policy
with respect to the use of excessive force:
1. It is the policy of City of La Porte 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 City of La Porte 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. City of La Porte will introduce and pass a resolution adopting this policy.
As officers and representatives of City of La Porte, we the undersigned have read and fully agree to this plan,
and become a party to the full implementation of this program.
ci
Luis R.!by, Mayo 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 U.S.C. 794), and Section 109 of the Housing and Community Development Act of 1974, as
amended(42 U.S.C. 5309), City of La Porte 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 La Porte 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 La Porte recruitment materials or publications shall include a statement of this policy in 1.above.
4. The City of La Porte 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 CDBG
program, City of La Porte shall ensure that they are provided with the information necessary to understand and
participate in the CDBG 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 City of La Porte to retaliate against anyone who
files a grievance or cooperates in the investigation of a grievance.
b. Complaints should be addressed to: Lorenzo Wingate,City of La Porte,604 W.Fairmont Pkwy,La Porte,
Texas 77571, 281-471-5020,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. The investigation will be
conducted by City Administrator. 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 City Administrator, 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 La Porte 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 La Porte 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 La Porte complies with Section 504 and
HUD regulations.
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Lo,is Ri s y, Mayor Date
LIMITED ENGLISH PROFICIENCY SAMPLE PLAN
Name Grantee: City of La Porte
Community Population: 33,080
LEP population: 7,751 (23.4%)
Languages spoken: English
1) by more than 5%of the eligible population or beneficiaries and Spanish
has more than 50 in number;or
2) By more than 1,000 individuals in the eligible population in
the market area or among current beneficiaries
Program activities to be accessible to LEP persons:
X Public Notices and hearings regarding applications for grant funding, amendments to project
activities,and completion of grant-funded project
X Publications regarding CDBG application,grievance procedures,complaint procedures,complaint
procedures,answers to complaints,notices,notices of rights and disciplinary action,and other vital
hearings,documents,and program requirements
o Other program documents:
Resources available to Grant Recipient:
X Translation services:City will retain translation services upon request
X Interpreter services: City will retain translation services upon request
o Other resources:
Language Assistance to be provided:
X Translation(oral and/or written)of advertised notices and vital documents for:
City will provide translated documents upon request and retain services to accommodate
populations with limited English proficiency.
X Referrals to community liaisons proficient in the language of LEP persons
City will coordinate with Spanish-speaking community liasons as appropriate
X Public meetings conducted in multiple languages:
City will conduct public meetings in multiple languages upon request.
X Notices to recipients of the availability of LEP services:
City will reference the availability of accommodations in public notices and post documents to
accommodate LEP person in public buildings
o Other seryves:
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Louis ' 'gby, ayor Date
FAIR HOUSING POLICY
In accordance with Fair Housing Act,the City of La Porte hereby adopts the following policy with respect to the
Affirmatively Furthering Fair Housing:
1. City of La Porte agrees to affirmatively further fair housing choice for all seven protected classes(race,color,
religion, sex, disability, familial status,and national origin).
2. City of La Porte agrees to plan at least one activity during the contract term to affirmatively further fair
housing.
3. City of La Porte will introduce and pass a resolution adopting this policy.
As officers -- •resentatives of the City of La Porte, we the undersigned have read and fully agree to this plan,
and beco , - . a • 'a he full ' plementation of this program.
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Louis Risby, Mayor Date
4
CODE OF CONDUCT/PROGRAM PROCUREMENT POLICY
CITY OF LA PORTE, ADOPTED:
CODE OF CONDUCT
As a Grant Recipient of a federal or state grant contract(including CDBG),the City of La Porte 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 federal or state grant contract or impact the integrity of the
procurement process.
For procurement of goods and services, no employee, officer, or agent of the City of La Porte shall participate in the
selection,award,or administration of a contract supported by federal or state grant funds(including CDBG)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 of La Porte 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 government, or of any designated public agencies, or subrecipients which are receiving federal or state grant funds
(including CDBG),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 is receiving assistance, directly or indirectly, under a federal or state grant
contract or award,or that is required to complete some or all work under the federal or state grant contract in order to meet
any National Program Objectives.
Any person or entity including any benefitting business, utility provider, or other third party entity that is receiving
assistance, directly or indirectly, under a federal or state grant contract or award(including CDBG), or that is required to
complete some or all work under the federal or state grant contract in order to meet a National Program Objective, that
might potentially receive benefits from the federal or state grant award may not participate in the selection, award, or
administration of a contract supported by federal or state grant funding.
Any alleged violations of these standards of conduct shall be referred to the City of La Porte'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 substantial in nature,the matter may be referred
to the appropriate o i cials for criminal investigation and possible prosecution.
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Loui Rigb ,Mayor Date