13 - Adopting or Reaffirming required documents for grants through the Texas Capital Fund ProgramItem No. 13
e
TO: Mayor & City Council
John Godwin, City Manager
FROM: Carla Easton, PE, City Engineer
SUBJECT: REQUIRED CDBG DOCUMENTS
DATE: June 17, 2019
BACKGROUND: As part of applying for grant funds through the Texas Capital Fund Program,
the City is required to have current, in-place versions of several state -mandated documents.
Without these documents we will be ineligible to receive certain state and federal grant funding.
STATUS OF ISSUE: In order not to have to take new council action every time we request
funding for TxCDBG projects, we have prepared general procedures and resolutions that will
cover the city for all such grant requests. However, the grant requires that previously passed
resolutions be reaffirmed with each project. The documents required by the state and federal
governments include:
•
A 10 13 — Citizen Participation Plan
• A1002 — Section 3
• A1003 — Excessive Force Policy
• A1004 — Section 504
• A 10 15 — Fair Housing Activity
• A1010 — Limited English Proficiency Plan
• Code of Conduct Policy
This resolution will reaffirm the policies listed above.
BUDGET: NA
RECOMMENDATION: Adopt all referenced and attached mandated documents.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING AND/OR REAFFIRMING A CITIZEN PARTICIPATION PLAN AND
GRIEVANCE PROCEDURES; ADOPTING AND/OR REAFFIRMING A SECTION
3 POLICY; ADOPTING AND OR REAFFIRMING AN EXCESSIVE FORCE
POLICY; ADOPTING AND/OR REAFFIRMING A SECTION 504 POLICY;
ADOPTING AND/OR REAFFIRMING A FAIR HOUSING A FAIR HOUSING
ACTIVITY POLICY; ADOPTING AND/OR AFFIRMING A LIMITED ENGLISH
PROFICIENCY PLAN; ADOPTING AND OR REAFFIRMING A CODE OF
CONDUCT POLICY, ALL AS REQUIRED BY TXCDBG REGULATIONS TO
OBTAIN FUNDING THROUGH A TXCDBG MAIN STREET PROGRAM FROM
THE TEXAS DEPARTMENT OF AGRICULTURE (TDA); MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Paris, Texas ("City of Paris") has been awarded TxCBDG
funding through a TxCDBG grant from the Texas Department of Agriculture (hereinafter
referred to as "TDA"); and
WHEREAS, the City of Paris, 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 Community Development Block Grant ("CDBG") activity, on the basis of race, color,
religion, sex, national origin, age, or disability; and
WHEREAS, the City of Paris, 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 of Paris, 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 TxCDBG project area; and
WHEREAS, the City of Paris, 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 of Paris, 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 TxCDBG project; and
WHEREAS, the City of Paris, 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 of Paris, 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 TxCDBG contract, to affirmatively further fair
housing; and
WHEREAS, the City of Paris, 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
PARIS, TEXAS HEREBY ADOPTS/REAFFIRMS THE FOLLOWING ATTACHED HERETO AS
EXHIBIT A AND INCORPORATED HEREIN BY REFERENCE:
1. Citizen Participation Plan and Grievance Procedures (Form A1013);
2. Section 3 Policy (Form A1002);
3. Excessive Force Policy (Form A1003);
4. Section 504 Policy and Grievance Procedures (Form A1004);
S. Code of Conduct Policy (Sample Form Appendix C);
6. Limited English Proficiency Plan (Form 1010); and
7. Fair Housing Policy (Exhibit 1015).
Passed and approved this 24th day of June 2019.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
THE CITY OF PARIS
CITIZEN PARTICIPATION PLAN
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Note to Grant Recipients regarding Limited English Proficiency (LEP) requirements:
In accordance with federal law, if there is a significant number of the population who are non-English
speaking residents and are affected by the TxCDBG project, such citizens should have `meaningful
access' to all aspects of the TxCDBG project. To provide `meaningful access', Grant Recipients may
need to provide interpreter services at public hearings or provide non-English written materials that are
routinely provided in English. Examples of such vital documents may include Citizen Participation
notices (e.g., complaint procedures, hearings notices), civil rights notices, and any other published notice
that may allow an eligible person with limited English proficiency to participate in discussing proposed
CDBG activities.
For more information, see LEP.gov
COMPLAINT PROCEDURES
These complaint procedures comply with the requirements of the Texas Department of Agriculture's Texas
Community Development Block Grant (TxCDBG) 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
Paris, P. O. Box 9037, Paris, TX 75461-9037, (903) 784-9202, during regular business hours.
Below are the formal complaint and grievance procedures regarding the services provided under the TxCDBG
project.
1. A person who has a complaint or grievance about any services or activities with respect to the TxCDBG
project, whether it is a proposed, ongoing, or completed TxCDBG project, may during regular business
hours submit such complaint or grievance, in writing to the Civil Rights Officer, at P. O. Box 9037,
Paris, TX 75461-9037or may call (903) 784-9202.
2. A copy of the complaint or grievance shall be transmitted by the Civil Rights Officer 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 Attorney shall complete an investigation of the complaint or grievance, if practicable, and
provide a timely written answer to person who made the complaint or grievance within ten (10) days.
4. If the investigation cannot be completed within ten (10) working days per 3 above, the person who made
the grievance or complaint shall be notified, in writing, within fifteen (15) days where practicable after
receipt of the original complaint or grievance and shall detail when the investigation should be
completed.
09/01/2017
5. If necessary, the grievance and a written copy of the subsequent investigation shall be forwarded to t
TxCDBG for their further review and comment. 'i
6. If appropriate, provide copies of grievance procedures and responses to grievances in both English and
Spanish, or other appropriate language.
PUBLIC HEARING PROVISIONS
For each public hearing scheduled and conducted by the City, the following public hearing provisions shall be
observed:
Public notice of all hearings must be published at least seventy-two (72) hours prior to the scheduled
hearing. The public notice must be published in a local newspaper. Each public notice must include the
date, time, location, and topics to be considered at the public hearing. A published newspaper article can
also be used to meet this requirement so long as it meets all content and timing requirements. Notices
should also be prominently posted in public buildings and distributed to local Public Housing
Authorities and other interested community groups.
2. When a significant number of non-English speaking residents are a part of the potential service area of
the TxCDBG 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 auxiliai y aids or
services if contacted at least two days prior to the hearing.
4. A public hearing held prior to the submission of a TxCDBG 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.
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of an application for a TxCDBG project:
1. At a minimum, the City shall hold at least one (1) public hearing to prior to submitting the application to
the Texas Department of Agriculture.
09/0112017
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.
The public hearing shall include a discussion with citizens as outlined in the applicable TxCDBG
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 TxCDBG program,
and the use of past TxCDBG 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 TxCDBG program:
1. The City shall also hold a public hearing concerning any substantial change, as determined by TxCDBG,
proposed to be made in the use of TxCDBG funds from one eligible activity to another again using the
preceding notice requirements.
2. Upon completion of the TxCDBG project, the City shall hold a public hearing and review its program
performance including the actual use of the TxCDBG 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 TxCDBG project or
for the closeout of the TxCDBG 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 TxCDBG 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.
Steve Clifford, Mayor Date
09/01/2017
Section 3 Policy
In accordance with 12 U.S.C. 170lu the City of Paris agrees to implement the following
steps, which, to the greatest extent feasible, will provide 'ob trainir, em�)lo ment and
contracting oo)portunities 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 TxCDBG 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 TxCDBG 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 or TDA to the Grant
Recipient.
G. Submit reports as required by HUD or TDA 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 Paris, we the undersigned have read and
fully agree to this plan, and become a party to the full implementation of this program.
Signature Title Date
X003
Excessive Force Policy
In accordance with 24 CFR 91.325(b)(6), the City of Paris 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 Paris 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 Paris 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 Paris will introduce and pass a resolution adopting this policy.
As officers and representatives of the City of Paris we the undersigned have read and
fully agree to this plan, and become a party to the full implementation of this program.
Signature
Date
09/01/2016
Title
Al
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 Paris 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 Paris 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 Paris's recruitment materials or publications shall include a statement
of this policy in 1. above.
4. The City of Paris 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 TxCDBG program, The City of Paris shall ensure that they are provided
with the information necessary to understand and participate in the TxCDBG 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 Paris to retaliate against anyone who files a grievance
or cooperates in the investigation of a grievance.
b. Complaints should be addressed to: Civil Rights Officer, P. O. Box 9037,
Paris, TX 75461-9037 or phone (903) 784-9234, 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.
01/18/2017
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 City Attorney. 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 City Attorney 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 C
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
Paris 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 Paris complies with Section 504 and HUD regulations.
Signature/Title
01/18/2017
Date
101
Fair Housing Policy
In accordance with Fair Housing Act, the City of Paris hereby adopts the following policy
with respect to the Affirmatively Furthering Fair Housing:
1. The City of Paris 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 Paris agrees to plan at least one activity during the contract term to
affirmatively further fair housing.
3. The City of Paris will introduce and pass a resolution adopting this policy.
As officers and representatives of The City of Paris we the undersigned have read and
fully agree to this plan, and become a party to the full implementation of this program.
Signature
Date
09/01/2016
Title
1 010
Limited English Proficiency Sample Plan
{ LName Grantee:
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Paris
Commun• yPo.lation23,058
population- 608
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Languages spoken:
1) by more than 5% of the eligible population or None
beneficiaries and has more than 50 in number; or
2) By more than 1,000 individuals in the eligible population
_......._ . e .. m g.. . u �., beneficiaries
m the market area a or mon current bene _ _._................ _a .,,�.mm..,..
Signature - Civil Rights Officer
See also:
htt�a/www,ie ov/resources/2011 Lan ua a Access Assessment and PlanninTool. df
2016 TxCDBG Project Implementation Manual CHAPTER 10 — Civil Rights Requirements
09/01/2017
As a Grant Recipient of a TxCDBG contract, the City of Paris 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 TxCDBG contract or impact the integrity of the
procurement process.
For procurement of goods and services, no employee, officer, or agent of the City of Paris shall
participate in the selection, award, or administration of a contract supported by TxCDBG 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 Paris 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 TxCDBG funds, that has any CDBG function/responsibility, or is in a position to participate in a
decision-making process or gain inside information, may obtain a financial interest or benefit from the
TxCDBG 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 TxCDBG contract or award, or that is required to complete some or all work under
the TxCDBG 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 TxCDBG contract or award, or that is required to
complete some or all work under the TxCDBG contract in order to meet a National Program Objective,
that might potentially receive benefits from TxCDBG awards may not participate in the selection, award,
or administration of a contract supported by CDBG funding.
Any alleged violations of these standards of conduct shall be referred to 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 possible prosecution.
Passed and approved this _ day of 20
Steve Clifford, Mayor
City of Paris