CC Resolution No. 2532RESOLUTION NO. 2532
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING CIVIL RIGHTS AND FAIR HOUSING POLICIES IN RELATION TO
COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY
(CDBG-DR) FUNDING; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby adopts the
following civil rights and fair housing policies in relation to Community Development Block Grant -
Disaster Recovery (CDBG-DR) funding:
a. Citizen Participation Plan and Grievance Procedures;
b. Section 3 Policy;
Excessive Force Policy;
d. Section 504 Policy and Grievance Procedures;
e. Code of Conduct Policy; and
f. Fair Housing Policy.
The policies are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately frond after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vot of the City Council of the City of
Baytown this the 90' day of August, 2018.
S
4A T:
LETICIA BRYSCH, i Clerk
APPROVED AS TO FORM:
i
IdNACIO RAMIREZ, SR., City' orney
cobfsOl'.legai,Karen'•Files•.City CounciAResolutions\2018Wugust 9%..CivilRights&FairHousingPolicies.doc
Exhibit "A"
Community Development Block Grant — Disaster Recovery
(CDBG-DR)
CITIZEN PARTICIPATION PLAN AND COMPLAINT PROCEUDRES
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 Baytown 2401 Market Street Baytown, TX
77522, 281-420-5311 during regular business hours.
Below are the formal complaint and grievance procedures regarding the services provided under
the CDBG-DR project.
1. 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 Baytown, at 2401 Market Street Baytown, TX 77522 or may call 281-420-
5311.
2. A copy of the complaint or grievance shall be transmitted by the City 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 of Baytown 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 manager 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.
Exhibit "A"
PUBLIC HEARING PROVISIONS
For each public hearing scheduled and conducted by the City, the following public hearing
provisions shall be observed:
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 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
Exhibit "A"
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, the City
will publish a 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 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.
Stephen DonCarlos, Mayor
City of Baytown
Date
Exhibit "A"
Community Development Block Grant — Disaster Recovery
(CDBG-DR) Section 3 Policy
In accordance with 12 U.S.C. 1701u the City of Baytown agrees to implement the following
steps, which, to the greatest extent feasible, will provide iob 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-DR 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-DR 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 the Department of Housing and Urban Development (HUD) or the
General Land Office (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 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 an officer and representative of City of Baytown, I the undersigned have read and fully agree
to this plan, and become a party to the full implementation of this program.
Stephen DonCarlos
Mayor. City of Baytown
Title Date
Exhibit "A"
Community Development Block Grant — Disaster Recovery
(CDBG-DR) Excessive Force Policy
In accordance with 24 CFR 91.325(b)(6), the City of Baytown 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 Baytown 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 Baytown 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 Baytown will introduce and pass a resolution adopting this policy.
As an officer and representative of the City of Baytown, I the undersigned have read and fully
agree to this plan, and become a party to the full implementation of this program.
Stephen DonCarlos
Date
Mayor, City of Baytown
Title
Exhibit "A"
Community Development Block Grant — Disaster Recovery
(CDBG-DR)
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
Baytown 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 Baytown 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 Baytown recruitment materials or publications shall include a statement of
this policy in 1. above.
4. The City of Baytown 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-DR program, the City of Baytown shall ensure that they are provided with the
information necessary to understand and participate in the CDBG-DR 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 Baytown to retaliate against anyone who files a grievance or cooperates
in the investigation of a grievance.
b. Complaints should be addressed to: Community Development Manager,
Community Development Manager, 2401 Market Street Road, Baytown, Texas
77522, 281-420-5311, 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.
Exhibit "A"
e. An investigation, as may be appropriate, shall follow a filing of a complaint. The
investigation will be conducted by the Community Development Manager. Informal
but thorough investigations will afford all interested persons and their
representatives, if any, an opportunity to submit evidence relevant to a complaint.
A written determination as to the validity of the complaint and description of
resolution, if any, shall be issued by the Community Development Manager, and a
copy forwarded to the complainant within 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 the City of
Baytown 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 Baytown 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.
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
Baytown complies with Section 504 and HUD regulations.
Stephen DonCarlos, Mayor, City of Baytown
Date
Exhibit "A"
Community Development Block Grant — Disaster Recovery
(CDBG-DR)
FEDERAL GRANT PROGRAM PROCUREMENT POLICY
CODE OF CONDUCT
As a Grant Recipient of a CDBG-DR contract, CITY OF BAYTOWN 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-DR contract or impact
the integrity of the procurement process.
For procurement of goods and services, no employee, officer, or agent of the CITY OF BAYTOWN
shall participate in the selection, award, or administration of a contract supported by CDBG-DR
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 OF BAYTOWN 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 CDBG-DR funds, that has any CDBG 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
CDBG-DR 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 CDBG-DR contract or award, or that is required to complete some or all work under
the CDBG-DR contract in order to meet the National Program Objective.
Any person or entity including any benefitting business, utility provider, or other third party entity that
is receiving assistance, directly or indirectly, under a CDBG-DR contract or award, or that is required to
complete some or all work under the CDBG-DR contract in order to meet a National Program Objective,
that might potentially receive benefits from CDBG-DR 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 OF BAYTOWN
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 officials
for criminal investigation and possible prosecution.
Passed and approved this day of . 20_.
Mayor
City of BAYTOWN
Exhibit "A"
Community Development Block Grant — Disaster Recovery
(CDBG-DR) Fair Housing Policy
In accordance with Fair Housing Act, the City of Baytown hereby adopts the following policy with
respect to the Affirmatively Furthering Fair Housing:
1, The City of Baytown 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 Baytown agrees to plan at least one activity during the contract term to
affirmatively further fair housing.
3. The City of Baytown will introduce and pass a resolution adopting this policy.
As an officer and representative of The City of Baytown, I the undersigned have read and fully
agree to this plan, and become a party to the full implementation of this program.
Signature
Date
Title