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HomeMy WebLinkAboutResolution No. 2020-24RESOLUTION NO R2020 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD TEXAS APPROVING AND ADOPTING A SECTION 3 POLICY, A LIMITED ENGLISH PROFICIENCY PLAN, AN EXCESSIVE FORCE POLICY, A SECTION 504 POLICY AND GRIEVANCE PLAN, A CODE OF CONDUCT POLICY AND A FAIR HOUSING POLICY PURSUANT TO THE REQUIREMENTS ESTABLISHED BY THE TEXAS GENERAL LAND OFFICE AS THEY RELATE TO COMMUNITY DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY GRANTS AND APPOINTING COMPLIANCE OFFICER. s • r + s . � « WHEREAS, the City ofFriendswood, Texas (hereinafter referred to as "City") has been awarded a Community Development Block Grant - Disaster Recovery (CDBG DR) 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.0 6101 6107) and Section 504 of the Rehabilitation Act of 1973 (29 U.S.0 794) and for construction contracts greater than $10,000 must take actionsto ensurethat no person or group is denied benefits such as employment, training, housing and contracts generated by the CDBG-DR 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 for the Contract 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-DR 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-DR project, and WHEREAS, the City in accordance with Section 504 of the Rehabilitation Act of 1973 does not discriminate on the bans 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, to affirmatively further fair housing and WHEREAS, the City. has designated an overseer and will maintain written R2020-24 2 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 FRIENDSWOOD, TEXAS. Section 1. That the facts and matters set forth in the Preamble of this Resolution are hereby found to be true and correct Section 2 That the City Council of the City of Fnendswood, Texas approves and adopts a Section 3 Policy an Excessive Force Policy a Limited English Proficiency (LEP) Plan, a Section 504 Policy and Grievance Procedure a Code of Conduct Policy and a Fair Housing Policy, attached hereto in Exhibit' A" and made a part hereof for all purposes, pursuant to the requirements established by the Texas General Land Office as they relate to Community Development Block Grant — Disaster Recovery Grants Section 3 That the City appoints the Chief Budding Official as the section 3 coordinator civil rights officer fair housing officer, equal employment opportunity officer and section 504 officer Section 4. That this Resolution shall take effect immediately upon its passage PASSED APPROVED, AND RESOLVED, this the 2"d day of November, 2020 ATTEST - OF FRIE/Vo �00 Melinda Welsh, TRMC 0 *. City Secretary (P'. : CO 9rF OF le�P R2020-24 3 Exhibit A • Section 3 Policy • Excessive Force Policy • Limited English Proficiency (LEP) Plan o LEP for Contract Number 20-066-045 C444 o LEP for Contract Number 20-065 134-C451 • Section 504 Policy and Grievance Procedure • Code of Conduct Policy • Fair Housing Policy R2020-24 City of Friendswood Section 3 Plan Background Section 3 of the Housing and Urban Development (HUD) Act of 1968, (12U.S.0 1701 u) (Section3) and regulations at 24 CFR 135 were mandated in efforts to achieve a national objective Implementing this act and regulations ensures employment and other economic opportunities generated by certain HUD financial assistance shall to the greatest extent feasible be directed to low and very low income persons particularly those who are recipients of government assistance for housing and business concerns which provide economic opportunities This implementation is consistent with existing Federal State and local laws and regulations General Policy Statement The City of Friendswood adopts the below Economic Opportunities Policy for section 3 covered contracts Friendswood will implement this policy that will provide better economic opportunities for low and very low-income persons residing in the Friendswood area and businesses that provide these opportunities for low and very low income persons Opportunities will be provided in the form of training contracting and employment The rule that triggers implementation of Section 3 requirements is new employment Federally funded protects in excess of $200,000 and contracts in excess of $100,000 are required to follow the policy and procedures of Section 3 once the need for new" employment is established The Section 3 requirements only apply to construction contractors who install materials and or equipment (see the definition of Section 3 Covered Contracts") Therefore contractors who only furnish materials or supplies through Section 3 covered assistance are exempt The Policy does not require the employment of Section 3 residents or contractors who do not meet the qualifications for the position(s) to be filled or who cannot fulfill the contract requirements Policy Definitions The City of Friendswood incorporates into this policy the definitions contained in § 135.5 of 24 CFR Part 135 Section 3 — means the section 3 provision of the Housing and Urban Development Act of 1968 Section 3 Recipient means any entity which receives Section 3 covered assistance directly from HUD or from another recipient and includes but is not limited to any State unit of local government PHA IHA Indian tribe or other public body public or private nonprofit organization private agency or institution mortgagor developer limited dividend sponsor builder property manager community housing development organization resident management corporation resident council or cooperative association Recipient also includes any successor assignee or transferees of any such entity but does not include any ultimate beneficiary under the HUD program to which Section 3 applies and does not include contractors Section 3 Residents A section 3 resident is (1) a public housing resident or 2) a low- and very low income person residing in the metropolitan area or Non -metropolitan County in which the Section 3 covered assistance is expended Section 3 Business Concerns Section 3 Business Concerns are businesses that can provide evidence that they meet one of the following a) 51 % or more owned by Section 3 residents, or b) at least 30% of its full time permanent employees include persons that are currently Section 3 residents or within three R2020-24 5 years of the date of first employment with the business concern were Section 3 residents or c) provides evidence as required of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications as stated above Section 3 Covered Assistance Public and Indian housing development operating or capital funds, or other housing assistance and community development assistance expended for housing rehabilitation housing construction or other public construction projects such as CDBG HOME 202/811 Lead -Based Paint Abatement etc Assistance provided under any HUD housing or community development program that is expended for work arising in connection with 1 Housing rehabilitation (including reduction and abatement of lead -based paint hazards but excluding routine maintenance repair and replacement) 2 Housing construction or 3 Other public construction project (which includes other buildings or improvements regardless of ownership) Section 3 Covered Contract means a contractor subcontract (including a professional service contract) awarded by a recipient or contractor for work generated by the expenditure of Section 3 Covered Assistance or for work arising in connection with a Section 3 Covered Project Section 3 Covered Contracts do not include contracts awarded under HUD procurement program which are governed by the Federal Acquisition Regulation System (see 48 CFR Chapter 1) Section 3 Covered Contracts also do not include contracts for the purchase of supplies and materials However whenever a contract for materials includes the installation of the materials the contract constitutes a Section 3 Covered Contract For example a contract for the purchase and installation of a furnace would be a Section 3 Covered Contract because the contract is for work (i.e. the installation of the furnace) and thus is covered by Section 3 Section 3 Covered Proiect — means the construction or rehabilitation of housing (including reduction of lead -based paint hazards) or other public construction such as street repair sewage line repair or installation, updates to building facades etc Section 3 Covered Community Planning and Development Funding Community Development Block Grants (CDBG). Home Investment Partnership Assistance (HOME) Emergency Shelter Grants (ESG) Neighborhood Stabilization Programs (NSP) and certain grants awarded under HUD Notices of Funding Availability (NOFAs) The requirements for Section 3 only apply to the portion(s) of covered funding that were used for project/activities involving housing construction rehabilitation demolition or other public construction Compliance HUD and Texas General Land Office (GLO) hold local jurisdictions accountable for the monitoring and enforcement of Section 3 compliance requirements Therefore the Section 3 requirements remain as a part of the agreements with each recipient/contractor Responsibilities. (Recipient) 1 A Recipient that receives community development or housing assistance covered federal funding bears the responsibility to comply with Section 3 in its own operations Responsibilities include a) Notifying Section 3 residents about employment & training opportunities and businesses about contracts generated by Section 3 covered assistance R2020-24 6 b) Facilitating the training and employment of Section 3 residents and the award of contracts to Section 3 business concerns c) Notifying potential contractors of the Section 3 objectives and ways in which each contractor can assist the sub -recipient to meet its numerical goal and d) Documenting the action that the sub -recipient takes to comply with the Section 3 requirements the results of the actions and impediments if any Recipients bear the responsibility to ensure compliance of contractors and subcontractors This means that a sub -recipient must: a Incorporate the Section 3 Clause into contract documents to Meets and discusses the section 3 requirements, and responsibilities with potential developer/contractor prior to commencement of work providing additional technical assistance when needed c Conduct compliance reviews consisting of detailed analysis and evaluation of the contractors compliance with section 3 requirements d Notify contractor of non-compliance and cooperate with HUD in directing instruction to obtaining compliance of regulation 24 CFR Part 135 e Refrain from entering into contracts with contractors that are in violation of the regulations in 24 CFR Part 135 f Respond to complaints made to the recipient by Section 3 residents or business concerns that the sub -recipient a contractor or subcontractor is not in compliance with 24 CFR Part 135 The performance of each recipient(s) is evaluated during and at the completion of construction work High performance is expected for future funding consideration Numerical Goals All contractors who undertake Section 3 covered projects and activities are expected to meet or exceed the Section 3 numerical goal requirements Outreach Requirements Contractors and Subcontractors must post all new hire opportunities with local Workforce Solutions Center and WorkmTexas.com When projects in excess of $200,000 and contracts in excess of $100,000 are triggered and the need for new" employment becomes necessary contractors and subcontractors must complete at least two (2) calendar weeks of outreach/advertisement prior to bid closing date Efforts include 1 Post local advertisements in local media outlets, Houston Chronicle, and with labor unions 2 Send Electronic Bid to the City of Friendswood Section 3 Coordinator for all contracts in excess of $100,000 to allow electronic bid distribution to Section 3 individuals and businesses 3 Post signage containing preference' number of job title & training positions available and the qualifications of each on work site for duration of construction 4 Communicate with the Certified Residents and Business Concerns in order to solicit bids from the Section 3 preference groups (See database on Section 3 website) 5 Select qualified Section 3 Resident/Business concerns and award contracts according to the preference rules expressed in section 3 policies 6 Provide copies to the City of Friendswood of above outreach executed (1 5) in regard to your solicitation (Recipients must document all outreach efforts Records must be available upon request) 7 Once bid date is due, complete detailed bid tabulation and submit to the City of Friendswood to evaluate bids according to contract requirements and propose your selections R2020-24 8 Complete a Utilization Plan containing approved contractors and contract amounts for analysis of numerical goals obtain City of Friendswood approval 9 Submit start of work notice No Contract/Purchase Orders should be executed /awarded without the steps listed above Documentation Requirements All subcontractors with a contract of $100,000 or more are required to submit a completed Section 3 Compliance Packet to the Prime Contractor who in turn will submit the entire package to the City of Friendswood Section 3 Coordinator for review and approval Review comments will be made available to both the developer and contractor within 10 days of the receipt of the documents In completing the Compliance Packet the contractor and subcontractor will have provided the following information 1 Identification of the project area 2 Certification of compliance to the Section 3 policy and regulations (24 CFR part 135) 3 Agreement to following preference rules and complete competitive bidding and to meet the numerical goals by providing training employment and contracting opportunities to Section 3 individuals and businesses 4 Specific information about the current workforce 5 Firm commitment to include as part of all bids the Bid Tabulation and Section 3 Utilization Plan (once approved by the City) 6 Provide the Permanent Employee List and Request for Contractor Clearance for each contractor and subcontractor 7 Firm commitment to conduct aggressive outreach and notification to potential Section 3 residents and businesses of hiring opportunities using site signage flyers etc The City of Friendswood requests speck workforce plan analysis for hiring & training Section 3 eligible residents and for engaging Section 3 certified business concerns The City of Friendswood also requests a firm commitment to provide identified area employment agencies of job availabilities from the established job pool of section 3 residents Signage Section 3 signage should be posted at the construction sites Signage must be at least 4 feet by 4 feet and it must be large enough to be visible from the street The sign must (a) identify the name of the project (b) states the facility is a HUD Section 3 Protect and (c) includes contact information (name telephone number fax, & e-mail, if any) Record Maintenance and Documentation All Section 3 protects are required to maintain comprehensive documentation of their Section 3 outreach efforts and implementation activities and must be able to have all documents available for review by City and/or HUD officials Preference for Section 3 Business Concerns Preference shall be awarded to Section 3 Business Concerns according to the following system 1 Where the Section 3 Covered Contract is to be awarded based upon the lowest price the contract shall be awarded to the qualified Section 3 Business Concern with the lowest responsive quotation if it is reasonable and no more than 10 percent higher than the quotation of the lowest responsive quotation from any qualified source If no responsive quotation by a qualified Section 3 Business Concern is within 10 percent of the lowest responsive quotation from any qualified R2020-24 8 source the award shall be made to the source with the lowest quotation If it is reasonable and no more than 10 percent higher than the quotation of the lowest responsive quotation from any qualified source Where the Section 3 Covered Contract is to be awarded based on factors other than price a request for quotations shall be issued by developing the particulars of the solicitation including a rating system for the assignment of points to evaluate the merits of each quotation The solicitation shall identify all factors to be considered including price or cost The rating system shall provide for a range of 15 to 25 percent of the total number of available rating points to be set aside for the provision of preference for Section 3 Business Concerns The purchase order shall be awarded to the responsible firm whose quotation is the most advantageous, considering price and all other factors specified in the rating system Competitive Bids Procurement by Sealed Bids (Invitations for Bids) Preference in the award of Section 3 Covered Contracts that are awarded under a sealed bid process may be provided as follows Bids shall be solicited from all businesses (Section 3 Business Concerns and non -Section 3 Business Concerns) An award shall be made to the qualified Section 3 Business Concern with the highest priority ranking and with the lowest responsive bid 1 Bids shall be solicited from all businesses (i.e Section 3 Business Concerns and non -Section 3 Business Concerns) An award shall be made to the qualified Section 3 Business Concern with the highest priority ranking (as defined in 24 CFR Part 135) and with the lowest responsive bid if that bid a is within the maximum total contract price established in City of Friendswood's budget for the specific project for which bids are being taken and b is not more than X higher than the total bid price of the lowest responsive bid from any responsible bidder X is determined as follows X = lesser of When the lowest responsive bid is less than $100,000. 10% of that bid or $9,000 When the lowest responsive bid is At least $100,000 but less than $200,000. 9% of that bid or $16,000 At least $200,000 but less than $300,000. 8% of that bid or $21,000 At least $300,000 but less than $400,000. 7% of that bid or $24,000 At least $400,000, but less than $500,000. 6% of that bid or $25,000 At least $500,000 but less than $1 million 5% of that bid or $40,000 At least $1 million but less than $2 million 4% of that bid or $60,000 At least $2 million but less than $4 million 3% of that bid or $80,000 At least $4 million but less than $7 million 2% of that bid or $105,000 $7 million or more, 5% of the lowest responsive bid with no dollar limit 2 If no responsive bid by a Section 3 Business Concern meets the requirements of paragraph 1 of this section the contract shall be awarded to a responsible bidder with the lowest responsive bid 3 In both paragraph 1 and 2 above a bidder to be considered as responsible must demonstrate compliance with the greatest extent feasible requirement of Section 3 R2020-24 Safe Harbor and Compliance Determinations In the absence of evidence to the contrary (i.e. evidence that efforts to the greatest extent feasible were not expended) if a recipient or contractor meets the minimum numerical goals shown above the recipient or contractor is considered to have complied with Section 3 preference requirements In evaluating compliance if the recipient has not met the numerical requirements the recipient will be expected to demonstrate why it was not feasible to meet the goals Ultimately HUD will evaluate the City based on its ability to describe the efforts taken to meet the training hiring and contracting requirements and the impediments incurred despite actions taken At a minimum if recipients of Section 3 Assistance are unable to meet their Section 3 training hiring and contracting goals they should sponsor or participate in upward mobility programs, hire eligible residents in trainee positions with regard to training and employment or form Section 3 joint ventures with various local employment agencies Data Collection and Reporting Monthly and annual reports are collected, processed and distributed by the Section 3 Coordinator Data collection and reports can be emailed to the designated Section 3 Coordinator or mailed/hand delivered to City of Friendswood Section 3 910 S Friendswood Dr Friendswood TX 77546 Monthly Reporting 1 The City of Friendswood requires the submittal of utilization reports due on the loth day of the month during the construction cycle 2 If a project is funded by GLO it is policy of the City of Friendswood to secure a copy of the Section 3 monthly utilization reports from each contractor by the tat of each month The reports are due to the State on the 10th of each month Annual Reporting 1 Once a project is completed protects should submit a final Section 3 cumulative report for the program year 2 At project completion City of Friendswood staff will conduct a final review of the project's overall performance and compliance 3 The City of Friendswood will submit annually to HUD (Form HUD-4010) Section 3 data is also captured on the Section 3 Summary Report of the Consolidated Annual Performance and Evaluation Report (CAPER) form 60002 Grievance Procedure for Section 3 Non -Compliance Written complaint must contain 1 Valid name address and contact information of the person filing the complaint 2 Valid name address and contact information of the contractor/subcontractor the concern is levied against 3 Dates and description of acts or omissions in alleged violation of Section 3 and 4 Statement of corrective action(s) sought i.e training employment or contracts When a complaint is filed the City of Friendswood will be responsible to investigate the issue internally or may refer the concern to the HUD Field Office if necessary Enforcement of the Section 3 Requirements Projects overall compliance is tracked in Section 3's compliance database The Section 3 Coordinator and staff as assigned provides regular assessments of project's status and compliance, allowing opportunity for correction pending moments of non-compliance However continuous violations and R2020-24 10 failure to comply with the Section 3 requirements (24 CFR § 135.38 Section 3 clauses Part F) will result in 1 Sanction and Debarment or 2 Suspension or 3 Limited denial of participation When initial review of potential new HUD funded projects commence record and reports of continuous violators will be submitted as recommendation of NO future HUD funding !l9 �zo Mike Foreman Sign a a Date Mayor — City of Friendswood R2020-24 11 Excessive Force Policy In accordance with 24 CFR 91.325(b)(6) the City of Friendswood 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 Friendswood 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 Friendswood 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 Friendswood will introduce and pass a resolution adopting this policy As officers and representatives of City of Friendswood we the undersigned have read and fully agree to this plan and become a party to the full implementation of this program 1 f f ZOZO Mike Foreman gnat a Date Mayor — City of Friendswood R2020-24 12 City of Friendswood Under 5% Limited English Proficiency Plan Community Development Block Grant -Disaster Recovery Contract Number, 20-066-045-C444 Grant Subreci lent City of Friendswood Beneficiary Population Estimated 25 residents LEP Population Estimated 25 No known LEP persons Languages spoken by Recommendation 1,000 or more in the eligible Translated vital documents population in the market area or among current beneficiaries More than 5% of the eligible Translated vital documents population or beneficiaries and more than 50 in number More than 5% of the eligible Translated written notice of right to receive population or beneficiaries and 50 or free oral interpretation of documents less in number 5% or less of the eligible No written translation is required population or beneficiaries and less than 1 000 in number. Pro ram activities to be accessible to LEP Persons ❑ Public Notices and hearings regarding applications for grant funding amendments to project activities, and communication of rant -funded proiect ❑ Publications regarding CDBG-DR application grievance procedures complaint procedures answers to competitive notices notices of rights and disciplinary action and other vital hearings, documents, and program requirements ❑ Other program documents Resources available to Grant Recipient ® Translation services translations services will be made available upon request D Interpreter services Interpreter services will be made available upon request ❑ Other resources Lan ua a Assistance to be provided ❑ Translation (oral and / or written) of advertised notices and vital documents for ® Referrals to community liaisons proficient in the language of LEP persons ❑ Public meetings conducted in multiple languages ❑ Other services gnatu R2020-24 / l 9 J.o7.0 Date 13 Mike Foreman Mayor— City of Friendswood City of Friendswood Under 5% Limited English Proficiency Plan :ommunity Development Block Grant -Disaster Recovery Contract Number 20-065-134-C451 Grant Subreci ient City of Friendswood Beneficiary Population 12,315 LEP Population Estimated 307 2.5% of population Languages spoken by Recommendation 1,000 or more in the eligible Translated vital documents population in the market area or among current beneficiaries More than 5% of the eligible Translated vital documents population or beneficiaries and more than 50 in number More than 5% of the eligible Translated written notice of right to receive population or beneficiaries and 50 or free oral interpretation of documents less in number 5% or less of the eligible No written translation is required population or beneficiaries and less than 1 000 in number Pro ram activities to be accessible to LEP persons ❑ Public Notices and hearings regarding applications for grant funding amendments to project activities, and communication of rant -funded project ❑ Publications regarding CDBG-DR application grievance procedures complaint procedures answers to competitive notices notices of rights and disciplinary action and other vital hearings, documents, and program requirements ❑ Other program documents Resources available to Grant Recipient ❑ Translation services ® Interpreter services Interpreter services will be made available upon request ❑ Other resources Lan ua a Assistance to be provided. ❑ Translation (oral and / or written) of advertised notices and vital documents for ® Referrals to community liaisons proficient in the language of LEP persons ❑ Public meetings conducted in multiple languages ❑ Other services fl 'i u zo Mike Foreman i at e D t� Mayor — City of Friendswood R2020-24 14 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.0 794) and Section 109 of the Housing and Community Development Act of 1974, as amended (42 U.S.0 5309) City of Friendswood 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 Friendswood 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 Friendswood's recruitment materials or publications shall include a statement of this policy 4 The City of Friendswood 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 Friendswood 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 City of Friendswood to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance b Complaints should be addressed to the Friendswood Building Official, 910 S Friendswood Dr Friendswood TX 77546 or call (281) 996-3335, 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 the Building Official Informal but thorough investigations will afford all interested persons and their representatives if any an opportunity to submit evidence relevant to a complaint R2020-24 15 f A written determination as to the validity of the complaint and description of resolution if any shall be issued by the Building Official 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 Friendswood relating to the complaint's 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 Friendswood 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 Friendswood complies with Section 504 and HUD regulations j_ �/ 207o Mike Foreman ignat re D to Mayor —City of Friendswood R2020-24 16 City of Friendswood Code of Conduct Policy As a Grant Recipient of a CDBG-DR contract the City of Friendswood 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 Friendswood 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 Friendswood 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 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-DR function/responsibility or is in a position to participate in a decision making processor 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 utilityprovider 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 thud 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-DR funding Any alleged violations of these standards of conduct shall be referred to the City of Friendswood City 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 R2020-24 17 possible prosecution These procedures are intended to serve as guidelines for the procurement of supplies, equipment, construction services and professional services for the Community Development Block Grant (CDBG-DR) Program The regulations related to conflict of interest and nepotism may be found at the Texas Government Code Chapter 573, Texas Local Government Code Chapter 171 Uniform Grant Management Standards by Texas Comptroller 24 CFR 570.489(g) &(h), and 2 CFR 200.318 ffif U7.0 Mike Foreman Date Mayor —City of Friendswood R2020-24 18 Fair Housing Policy In accordance with Fair Housing Act, the City of Friendswood hereby adopts the following policy with respect to the Affirmatively Furthering Fair Housing 1 The City of Friendswood 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 Friendswood agrees to plan at least one activity during the contract term to affirmatively further fair housing 3 The City of Friendswood will introduce and pass a resolution adopting this polity As officers and representatives of the City of Friendswood we the undersigned have read and fully agree to this plan, and become a party to the full implementation of this program Mike Foreman *ignatu� Date Mayor— City of Friendswood R2020-24 19