CC Resolution No. 2770 RESOLUTION NO. 2770
A RESOLUTION ADOPTING THE ATTACHED POLICIES IN CONNECTION
WITH THE CITY OF BAYTOWN, TEXAS', PARTICIPATION IN
FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT -
MITIGATION (CDBG-MIT) CONTRACT #22-085-012-D240 AND
ADHERENCE TO THE REGULATIONS DESCRIBED THEREIN.
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WHEREAS, the City of Baytown, Texas, (hereinafter referred to as "City") has been
awarded federal funding through a Community Development Block Grant - Mitigation (CDBG-
MIT); and
WHEREAS, the City, in accordance with Section 109 of 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 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; 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 must 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 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; 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 THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown hereby adopts the following
policies, which are attached hereto collectively as Exhibit "A":
1. Citizen Participation Plan and Grievance Procedures;
2. Section 3 Policy;
3. Excessive Force Policy;
4. Section 504 Policy and Grievance Procedures;
5. Code of Conduct Policy;
6. Limited English Proficiency Plan; and
7. Fair Housing Policy.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City k'ouncil of the
City of Baytown this the 1 Oth day of February, 2022.
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TREVOR FANNING, Interim City Attorney
R:Karen Anderson\RESOLUTIONS CITY COUNCIL•.2022Q022.02.IO\CivilRightsD24OResolutionandPolicies.docx
2
EXHIBIT "A"
THE CITY OF BAYTOWN
CITIZEN PARTICIPATION PLAN
COMMUNITY DEVELOPMENT BLOCK GRANT - MITIGATION 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 Baytown, 2401 Market St., Baytown, Texas 77520, 281-
420-6504, during regular business hours.
Below are the formal complaint and grievance procedures regarding the services
provided under the CDBG-MIT project.
1. A person who has a complaint or grievance about any services or activities with
respect to the CDBG-MIT project, whether it is a proposed, ongoing, or
completed CDBG-MIT project, may during regular business hours submit such
complaint or grievance, in writing to the City, at 2401 Market St., Baytown, Texas
77520 or may call 281-420-6504.
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 shall complete an investigation of the 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.
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-MIT 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-MIT 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-MIT 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.
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 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.
Brandon Capetillo, Mayor Date
Section 3 Policy
In accordance with 12 U.S.C. 1701 u the City of Baytown agrees to implement the following steps,
which, to the greatest extent feasible, will provide gob 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 Baytown, we the undersigned have read and fully
agree to this plan, and become a party to the full implementation of this program.
Brandon Capetillo Date
Mayor, City of Baytown
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 officers and representatives of the City of Baytown, we the undersigned have read and fully
agree to this plan, and become a party to the full implementation of this program.
Brandon Capetillo Date
Mayor, City of Baytown
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 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's 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 program, the City of Baytown 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 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: Brian Moran, Asst. to the City Manager, 2401
Market St., Baytown, TX 77520, 281-420-6504, 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 Brian Moran, Asst. to the City Manager. 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 Brian Moran, Asst. to the City Manager 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 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.
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
Baytown complies with Section 504 and HUD regulations.
Brandon Capetillo Date
Mayor, City of Baytown
Limited English Proficiency Plan
Name Grantee: City of Baytown
Community Population: 1,259
LEP population: 6.4%
Languages spoken: English
1) by more than 5% of the eligible population or beneficiaries Spanish
and 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.
Pro ram activities to be accessible to LEPpersons:
X Public Notices and hearings regarding applications for grant funding, amendments to
project activities, and completion of rant-funded project
Publications regarding CDBG application, grievance procedures, complaint procedures,
X complaint procedures, answers to complaints, notices, notices of rights and disciplinary
action, and other vital hearings, documents, and program requirements
❑ 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
:y Other resources:
Language Assistance to beprovided:
Translation (oral and/or written)of advertised notices and vital documents for:
X City will provide translated documents upon request and retain services to accommodate
populations with limited English proficiency
Referrals to community liaisons proficient in the language of LEP persons
X City will coordinate with Spanish-speaking community liaisons as appropriate
Public meetings conducted in multiple languages:
X City will conduct public meetings in multiple languages upon request
Notices to recipients of the availability of LEP services:
X City will reference the availability of accommodations in public notices and post documents
to accommodate LEP persons in public buildings
❑ Other services:
Brandon Capetillo, Mayor Date
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 officers and representatives of the City of Baytown, we the undersigned have read and fully
agree to this plan, and become a party to the full implementation of this program.
Brandon Capetillo Date
Mayor, City of Baytown
CODE OF CONDUCT/PROGRAM PROCUREMENT POLICY
CITY OF BAYTOWN
CODE OF CONDUCT
As a Grant Recipient of a federal or state grant contract (including CDBG, the 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 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 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 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 federal or state grant funds (including CDBG), 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 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 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 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
Baytown'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 officials for criminal investigation and possible
prosecution.
Brandon Capetillo Date
Mayor, City of Baytown