HomeMy WebLinkAboutResolution No. R2022-28RESOLUTION NO, R2022-28
CIVIL RIGHTS RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING AND RESTATING RESOLUTION
NO, R2020-24 ADOPTED ON NOVEMBER 2, 2020, APPROVING AND
ADOPTING A CITIZEN PARTICIPATION PLAN AND GRIEVANCE
PROCEDURES, 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 OF THE
TEXAS GENERAL LAND OFFICE AS THEY RELATE TO COMMUNITY
DEVELOPMENT BLOCK GRANT - DISASTER RECOVERY GRANTS AND
PROVIDING FOR THE EFFECTIVE DATE.
WHEREAS, the City of Friendswood, Texas, (hereinafter refereed to as "City") has
been awarded a Community Development Block Grant - Disaster Recovery (CDBG-DR)
grant from the Texas General Land Office (hereinafter refereed to as "GLO") for the Harvey
DCBG-DR allocation; and
WHEREAS, the City, in accordance with Section 109 of the Title I of the Housing and
Community Development Act (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C.
6101-6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for
construction contracts greater than $10,000, must take actions to ensure that no person or
group is denied benefits, such as employment, training, housing, and contracts generated by
the CDBG-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, 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, m 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, to affirmatively further fair housing; and
WHEREAS, the City, has designated an overseer and will 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; and
WHEREAS, the City published notice of this civil rights resolution in its official
newspaper, posted this resolution on its website, and provided an opportunity to receive
questions, concerns and comments related to this resolution; and
WHEREAS, after providing such opportunity for public input, the City now desires
to amend and restate Resolution No. 2020-24 approved by the City Council of the City of
Friendswood on November 2, 2020, to approve the policies enumerated herein in conformance
with the requirements of the GLO; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. That facts and matters set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2. That the Ciry Council of the City of Friendswood, Texas, amends and
restates Resolution Nol 2020-24, by this resolution and adopting the following policies:
Exhibit Policy Name
A
Citizen Partici our and Grievance Procedures
B
Section 3 Policy
C
Excessive Force Policy
D
Limited English Proficiency Policy
E
Section 504 Policy
F
Code of Conduct Policy
G
Fair Housing Statement
Exhibits A — G are attached hereto and incorporated herein for all intents and purposes.
Section 3. That this resolution shall take effect immediately upon its passage.
PASSED, APPROVED, and ADOPTED, by the affirmative vote of the City Council
of the City of Friendswood this the 12«' day of September, 2022.
ATT ST:
LETICIA BRYSCH, Ci Secretary
APPROVED AS TO FORM:
�'`h0�'l4Sr
KAREN HORNER, City Attorney
Exhibit "A"
City of Friendswood
Citizen Participation Plan
Community Development Block Grant — Disaster Recovery
Introducfion
Community Development Block Grant — Disaster Recovery (CDBG-DR) applicants and funded
entities are required to cany out citizen participation procedures in accordance with the Citizen
Participation Plan as required by the Housing and Urban Development agency (HUD) and the
Texas General Land Office (GLO).
The City maintains the activities described in this Citizen Participation Plan to include outreach
efforts to invite open and public participation in the submission of the City's application for
CDBG-DR funding, public information upon award of funds, any technical assistance the public
may require, assistance for Limited English Proficiency (LEP) citizens, and program procedures
for addressing citizen complaints.
Participation during Application
The City will provide for reasonable public notice, appraisal, examination, and comment on the
activities proposed for the use of CDBG-DR funds. These outreach efforts shall:
1. Provide for and encourage citizen participation, particularly by low- and moderate -
income persons who reside in slum or blighted areas, and areas in which CDBG-DR
funds are proposed to be used;
2. Ensure that citizens will be notified of public meetings, information, and records
relating to the City's proposed and actual use of CDBG-DR funds no less then
seventy-two (72) hours in advance;
3. Furnish citizens information including, but not limited to:
a, the amount of CDBG-DR funds expected to be made available;
b. the range of activities that may be undertaken with the CDBG-DR funds;
c, the estimated amount of the CDBG-DR funds proposed to be used for
activities that will meet the national objective of benefit to low- and moderate -
income persons; and
d. if applicable, the proposed CDBG-DR activities likely to result in
displacement and the entity's anti -displacement and relocation plan.
4. Provide citizens with no less than a fourteen (14)-day opportunity to comment on
proposed activities in an application to the state. For grants already made, the City will
provide a reasonable comment period to be determined in collaboration with the GLO
for activities which are proposed to be added, deleted, or substantially changed from
the City's application to the state. "Substantially changed" means changes made in
terms of purpose, scope, location, or beneficiaries as defined by criteria established by
the state; and
5. Be accomplished through one or more of the following methods:
a. Posting of notice on the City's website (if available);
b. Notices prominently posted on public buildings and sent to interested
community groups (where practicable);
Exhibit "A," Page 1
c. Publication of notice in a local newspaper —a published newspaper article
may also be used so long as it provides sufficient information regarding
program activities and relevant dates;
d. Public Hearing; or
e. Individual notice to eligible individuals, cities, and other entities as applicable
using one or more of the following methods:
i. Certified mail
ii. Electronic mail or fax
. First-class (regular) mail
iv. Personal delivery (e.g., home -based outreach, or at a Council of
Governments meeting)
f. Postings made to the City's social media accounts such as Facebook
g. Notices sent electronically to residents, such as mass emails.
Along with the application, the City will submit any notices of public participation that relate to
the administration of CDBG-DR funds.
Technical Assistance
When requested, the City shall provide technical assistance to groups' representative of persons
of low- and moderate -income in developing proposals for CDBG-DR funds. The level and type
of assistance shall be determined by the City based upon the specific needs of the community's
resident
Public Hearing Provisions
For any public hearing scheduled and conducted by a CDBG-DR applicant or recipient, the
following public hearing provisions shall be observed:
1. Citizens shall be furnished with information including but not limited to:
a. The amount of CDBG-DR funds available per application for the CDBG-DR
monies;
b. The range of activities that may be undertaken with the CDBG-DR funds;
c. The estimated amount of the CDBG-DR funds proposed to be used for
activities that will meet the national objective of benefit to low- and moderate -
income persons; and
d. The proposed CDBG-DR activities likely to result in displacement and the unit
of general local government's anti -displacement and relocation plans required
under 24 CFR 570.488.
2. Public notice of any hearing must be published at least seventy-two (72) hours prior to
the scheduled hearing. The public notice must be published in such a way that
community members will have access to it. Each public notice will include the DATE,
TIME, LOCATION, and TOPICS to be considered at the hearing. A published article
may also be used to meet this requirement so long as it satisfies all content and timing
requirements. Notices will also be prominently posted in public buildings and
distributed other interested community groups, where practicable.
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 will make
Exhibit "A," Page 2
arrangements for individuals who require auxiliary aids or services if contacted at
least two (2) days prior to each hearing.
4. When a considerable number of non-English speaking residents can be reasonably
expected to participate in a public hearing, an interpreter will be present to
accommodate the needs of the non-English speaking residents.
The City
may conduct a public
hearing
via webinar if they adhere to the provisions of this
section.
If the webinar• is used to conduct a public hearing, a physical location with associated reasonable
accommodations must be made available, to ensure that those individuals without the necessary
technology are able to participate.
Citizen Participation Once Awarded
The following citizen participation requirements may be met, when necessary, in the event that
the City receives funding from the CDBG-DR program:
The City reserves the option to hold a public hearing any time a substantial change in
use of CDBG- DR funds from one eligible activity to another is proposed. The City
will consult GLO-CDR in determining when a change is substantial.
Upon completion of the community development program activities, the City reserves
the option to hold a public hearing and review its program performance, including the
actual use of CDBG- DR funds.
The City will retain documentation of the hearing notice(s), attendance lists, minutes
of the hearing(s), and any other records concerning the actual use of funds. The City
follows HUD regulations which generally require a community to retain all its grant -
related documentation for 3 years from the date HUD closes its related disaster grant
to the state of Texas. Such records will be made available to the public in accordance
with Chapter 552, Government Code.
Equal Access for Limited English Proficiency Citizens
The City complies with Title VI of the Civil Rights Act of 1964 which protects individuals from
discrimination on the basis of their race, color, or national origin in programs that receive federal
financial assistance. In certain situations, failure to ensure that persons who are LEP can
effectively participate in, or benefit from, federally assisted programs may violate Title VI's
prohibition against national origin discrimination.
In the instance that 5% or more of the resident population is known to speak a common foreign
language, the City will provide written translation of vital program documents that are critical for
ensuring meaningful access to major activities and program benefits.
When providing assistance to LEP citizens, the City will identify the language and
communication needs of persons with LEP as needed to ensure effective communication. If
necessary, staff may use a language identification card (or "I speak" cards — which are available
at www.lep.gov) or posters to determine the preferred language of the applicant and provide
translation services as soon as possible, no more than three business days after a request.
Exhibit "A," Page 3
Citizen Complaint Procedures
Citizens with complaints concerning the program or suspected instances of discrimination are
encouraged to inform the City of their complaint(s) directly in writing. The City of Friendswood
takes all citizen complaints seriously and will respond to written citizen complaints within thirty
(30) working days of receiving the complaint.
zens may submit complaints in writing to:
City ofFriendswaod
Attn: CDBG-DR Grant Program
910 S Friendswood Drive
Friendswood, TX 77546
The City shall implement the following steps to receive and resolve all complaints:
• All complaints should include a description of the matter causing the grievance
along with the submitting citizen's contact information including name, phone
number and mailing address.
• The City will respond with a letter acknowledging receipt of the complaint to
the person submitting it at the address provided and will include a timeline for
the City'sresponse.
• Upon receipt of a written complaint, the City will review the matter and bring it to the
City Council for resolution, only when necessary. The City will review the
circumstances, conduct an investigation, and prepare a written report within thirty (30)
working days of receipt. The report shall include:
a) A summary of the issues/list of relevant facts
b) All documents provided by the aggrieved person
c) Any summary response from the program/project staff
d) Any documents available supporting relevant facts
e) All other pertinent file documents as required
• A determination, to include any findings and response, completed by the City will be
rendered within thirty (30) working days of receipt of the complaint. A copy of the
City's determination shall be provided to the citizen submitting the complaint at the
address provided.
• If the citizen(s) filing the complaint are not satisfied with the determination, a
written appeal may be filed within fifteen (15) days after the date of the mailing of
the determination to aggrieved citizen(s).
• The written decision of the City will be made within thirty (30) days.
• Person(s) who believe they are victims of discrimination in housing or other
services may also contact the U.S. Department of Housing and Urban Development
(HUD) to file a complaint, without fast filing a grievance under this procedure, by
filing a form here online:
Exlribi[ "A," Page 4
Exhibit "B"
City of Friendswood
Section 3 Plan
Background
Section 3 of the Housing and Urban Development (HUD) Act of 1968, (12U.S.0 1701u)
(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 projects 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
Exhibit "B," Page 1
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 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 contract or 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 Project -means the construction or rehabilitation of housing (including
reduction of lead -based paint hazards), or other public constuction such as sheet 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),
Exhibit "B;' Page 2
Emergency Shelter G•ants (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;
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, ifany.
2. 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;
b. 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.
Exhibit "B," Page 3
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 WorkinTexas.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.
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 Contact/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).
Exhibit "B "Page 4
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 specific
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) state the facility is a HUD Section 3 Project, and (c) include
contact information (name, telephone number, fax, & e-mail, if any).
Record Maintenance and Documentation
All Section 3 projects 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
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.
2. 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,
Exhibit "B "Page 5
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 o£
When the lowest responsive bid is
Less than $100,000.............................................................10%
When the lowest responsive bid is:
of that bid or $9,000
At
At
At
least
least
least
$100,000, but less than $200,000 ..........................9%
$200,000, but less than$300,000..........................8%
$300,000, but less than$400,000....
....... ............... 7%
of that
of that
of that
bid
bid
bid
or $16,000
or $21,000
or $24,000
At
At
At
At
At
$7
least
least
least
least
least
million
$400,000, but less than$500,000....
$500,000, but less than $1 million ..................
$1 million, but less than $2 million
$2 million, but less than $4 million
$4 million, but less than $7 million
or more ........................... 5% of the
............... ....... 6% of that bid or $25,000
4.... 5% of that bid or $40,000
......................4% of that bid or $60,000
......................3% of that bid or $80,000
..................2% of that bid or $105,000
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 witlr the "greatest extent feasible" requirement of Section 3.
Exhibit "B," Page 6
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
aI The City of Friendswood requires the submittal of utilization reports due
on the loth day of the month during the construction cycle.
b. 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 1st of each month. The reports are due to the State on
the loth of eachmonth.
Annual Reporting
a. Once a project is completed, a final Section 3 cumulative report for the
program year should be submitted.
b. At project completion, City of Friendswood staff will conduct a final
review of the project's overall performance and compliance.
c. 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 3Non-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;
Exhibit "B "Page 7
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 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, records and reports
of continuous violators will be submitted as recommendation of NO future HUD funding.
0
MIKE Ff71'LEMAN, Mayor (Date)
Exhibit "B," Page 8
Exhibit "C"
City of Friendswood
Excessive Force Policy
In accordance with 24 CFR 919325(b)(6)5 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
Exhibit "C," Page Solo
Exhibit "D"
City of Friendswood
Under 5% Limited English Proficiency Plan CDBG-DR
Contract Number: 20-066-045-C444
Grant aabrecipient:
Uicy 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 vitaldocuments.
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 •am activities to be accessible to LEP ersons:
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 Reci Tent:
X
Translation services: translation services will be made available upon request,
X
Interpreter services: Interpreter services will be made available upon request.
❑
Other resources:
Lan ua a Assistance to be rovided:
❑
Translation (oral and I or written) of advertised notices and vital documents for•:
X
Referrals to community liaisons proficient in the language of LEP persons
❑
Public meetings conducted in multiple languages:
❑
Other services:
r.
�I
Exhibit "D," Page I
Exhibit "D"
City of Friendswood
Under 5% Limited English Proficiency Plan CDBG-DR
Contract Number: 20465434-C451
Grant
LEP Population:
Languages spoken by:
- 1,000 or more in the eligible
population in the market area or
among current beneficiaries.
More than 5% of the eligible
population or beneficiaries andmore
than 50 in number.
More than 5% of the eligible
population or beneficiaries and 50 or
less in number.
5% or less of the eligible
population or beneficiaries and less
than 1,000 in number.
12,315
Estimated: 307
Recommendation:
Translated vital documents.
Translated vital documents.
Translated written notice of right to receive
flee oral interpretation of documents.
No written translation is required.
Pro am activities to be accessible to LEP ersons:
❑
Public Notices and hearings regarding applications for grant funding, amendments to
project activities, and communication of grant4unded 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 pro am documents:
Resources available to Grant Reci lent:
❑
Translation services:
X
interpreter services: interpreter services will be made available upon request,
❑
Other resources:
Lanage Assistance to be provided:
❑
Translation (oral and I 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:
Exhibit "D;' Page 2
Exhibit "E"
City of Friendswood
Section 504 Policy
Ixr 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 Friendswood hereby adopts the following policy and grievance procedures:
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 recruiUnent materials or publications slrall 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
Exhibit "E," Page t
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.
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 persona 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 consttued to protect the substantive rights
of interested persons, to meet appropriate due process standards and
assure that the City of Friendswood cplies with Section 504 and
HUD regulations. I T A
Mayor (Date)
Exhibit "E," Page 2
Exhibit "V
City of Friendswood
Code of Conduct Policy
As a Grant Recipient of a CDBG-DR contract the City of Friendswood shall avoid, muhalize 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 procw•ement 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 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 process or gain
inside information, may obtain afinancial 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 benefrtting 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-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;
Exhibit "F," Page 1
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.
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 to) &{h), and 2 Cl
Exhibit "F "Page 2
Exhibit "G"
City of Friendswood
Fair Housing Policy
In accordance with the Fair Housing Act, the City of Friendswood hereby adopts the following
policy with respect to Affirmatively Furthering Fair Housing:
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 dtuing the contract
term to affirmatively further fair housing.
The City of Friendswood will inhoduce and pass a resolution adopting this
policy.
As an officer and representative ofthe City of Friendswood, I, the undersigned, have read and
fully agree to this plan, and become a party to the full implementation of this program
Exhibit "G;' Page Solo