R2020-195 2020-11-09 RESOLUTION NO. R2020-195
A Resolution of the City Council of the City of Pearland, Texas, adopting the
required policies pertaining to the Hurricane Harvey — Infrastructure
Community Development Block Grant — Disaster Recovery Program (CDBG-
DR) Contract Number 20-065-106-C288 from the Texas General Land Office
(GLO).
WHEREAS, the City of Pearland, 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 must take actions to certify that no person or group is denied
benefits such as employment, training, housing, and contracts generated by the CDBG-DR
activity, and for construction contracts greater than $10,000, on the basis of race, color, religion,
sex, national origin, age, or disability, 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
WHEREAS, the City in consideration for the receipt and acceptance of federal funding
for the Contract, agrees to conform with all federal rules and regulations including those rules
and regulations governing citizen participation and civil rights protections; and
WHEREAS, the City is required, to the greatest extent practicable, to provide training
and employment opportunities to lower income residents and contract opportunities to
businesses in the CDBG-DR project area, in accordance with Section 3 of the Housing and
Urban Development Act of 1968, as amended, and 24CFR Part 135; and
WHEREAS, the City is required to adopt an excessive force policy that prohibits the use
of excessive force against non-violent civil rights demonstrations, 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); and
WHEREAS, the City must take practical 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, in accordance with Executive Order 13166; and
RESOLUTION NO. 2020-195
WHEREAS, the City does not discriminate based on disability and agrees to ensure that
qualified individuals with disabilities have access to programs and activities that receive federal
funds, in accordance with Section 504 of the Rehabilitation Act of 1973; and
WHEREAS, the City agrees to conduct at least one activity during the contract period to
affirmatively further fair housing, 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; and
WHEREAS, the City has appointed 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.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT
THE CITY OF PEARLAND ADOPTS THE PROCEEDING POLICIES AND PROCEDURES AS
EXHIBITED IN THE FOLLOWING:
1. Exhibit A - Citizen Participation Plan and Grievance Procedures;
2. Exhibit B - Section 3 of the Housing and Urban Development Act of 1968 Policy;
3. Exhibit C - Excessive Force Policy;
4. Exhibit D - Section 504 — Rehabilitation Act Policy and Grievance Procedures;
5. Exhibit E - Code of Conduct Policy; and
6. Exhibit F - Fair Housing Policy
Section 1. Severability. Should any section or part of this Resolution be held
unconstitutional, invalid, or illegal, or, the application to any person or circumstance thereof
ineffective or inapplicable, such unconstitutionality, invalidity, illegality or ineffectiveness of such
section or part shall in no way affect, impair or invalidate the remaining portion or portions
thereof; but as to such remaining portion or portions, the same shall be and remain in full force
and effect and to this end the provisions of this Resolution are declared to be severable.
Section 2. Open Meetings. It is hereby officially found and determined that the meeting at
which this Resolution is passed was open to the public as required and that public notice of the
time, place, and purpose of said meeting was given as required by the Open Meetings Act,
Chapter 551 of the Texas Government Code.
2
RESOLUTION NO. 2020-195
PASSED, APPROVED AND ADOPTED this the 9th day of November, A.D., 2020.
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TOM REID
MAYOR
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Amended by:
City of Pearland
Pearland City Council
3519 Liberty Drive
Pearland, Texas 77581
4th Revision - November 2020
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fST. tsgA Table of Contents
Introduction 3
Encouragement of Citizen Participation 4
Public Meetings 5
Public Hearings 5
Anti-Displacement Plans 6
Public Notices and Outreach 6
Publication of Proposed Plan Documents 7
Public Comment Period 7
Plan Amendments 8
Citizen Participation Plan Amendments 9
Plan Amendment Public Comment Periods 10
Substantial Amendments
CAPER
Access to Records 11
Technical Assistance to Citizens & Organizations 11
Complaint and Appeal Process 11
Effective Dates and Amendments 12
2020 CITIZEN PARTICIPATION PLAN 2 CITY OF PEARLAND CDBG Program
Introduction
In HUD program year 2006 (fiscal year 2007), the City of Pearland became entitled to receive annual
grant funding from the federal Community Development Block Grant (CDBG) program. As an
Entitlement Jurisdiction, the City receives the CDBG funding directly from Housing and Urban
Development (HUD) and administers the grant, ensuring the funds are used in accordance with the
applicable Code of Federal Regulations (CFR). Planning activities are an important part of using HUD
funds for community and economic development purposes and HUD requires each Entitlement
Jurisdiction to complete a Consolidated Plan at least once every five years (24 CFR § 91.15), annual
action plans, and to report on progress in an annual Consolidated Annual Performance Evaluation
Report(CAPER).
The 5-Year Consolidated Plan is a strategic plan to examine the housing and community development
needs of a jurisdiction, set priorities for HUD grant monies and establish an action plan for meeting
current and future needs. Each Consolidated Plan is also required to have a strategy for citizen
participation in the Consolidated Planning process (24 CFR Part 91.105). City of Pearland's first
Consolidated Plan covered the program years 2006—2010, its second covered 2011—2016, and the City
is currently in its third Consolidated Plan years for 2017 - 2021. Because the HUD program year is based
on a different fiscal cycle, the City's fiscal year will always be different as it is one year after HUD's
program year, by name. Therefore, the current Consolidated Plan is applicable to City of Pearland fiscal
years 2018—2022. A new plan will need to be developed in preparation for implementation on October
1, 2022.
HUD requires Entitlement Jurisdictions to submit an Annual Action Plan (AAP) by August of each year to
receive the CDBG funding (24 CFR § 91.15); specifically, 45 days prior to the beginning of the City's fiscal
year. This generally falls on August 16 of each year. The Annual Action Plan serves in part, as the City's
application to HUD for the following year's CDBG funding.The AAP includes:
• projects the City desires to fund;
• funding amounts for each project;
• tasks and objectives to accomplish during the program year;
• the public participation process accomplishments;
• how other resources will be leveraged; and
2020 CITIZEN PARTICIPATION PLAN 3 CITY OF PEARLAND CDBG Program
• how the City plans to address barriers to affordable housing,fair housing and homelessness.
The City's CDBG program year begins October 1 and ends September 30. At the end of each CDBG
program year, the City will produce a Consolidated Annual Performance and Evaluation Report (CAPER).
The CAPER reviews the progress the City has made in carrying out the priorities in the Consolidated Plan
and most recent AAP. The report includes a description of the resources made available, the investment
of the resources, the distribution and location of investments, per 24 CFR § 91.520. This report must be
submitted to HUD within 90 days of the end of the City's program year, which generally means on or
before December 29 of each year.
It is the policy of the City to ensure the meaningful participation of its citizens in the development of any
Consolidated Plan, AAP, CAPER, and any Substantial Amendment to a plan, with particular emphasis on
participation by low- and moderate-income residents and neighborhoods. The facilitation of a citizen
participation process accessible to all residents regardless of minority status, disability, or English
fluency is essential. The purpose of the Citizen Participation Plan (CPP) is to set forth the policies and
procedures by which the City will encourage citizens to participate in the development of each year's
AAP and every fifth year a new Consolidated Plan. The City will follow its CPP, as long as the
requirements for citizen participation do not restrict the responsibility or authority of the City to
develop and execute its Consolidated Plan. The following Citizen Participation Plan provides a
framework and process by which the City's consolidated planning efforts comply with the citizen
participation requirements published by HUD. This Citizen Participation Plan is prepared and
implemented in accordance with the guidance provided in HUD Regulations at 24 CFR Part 91.105.
Encouragement of Citizen Participation
It is the policy of the City to encourage and facilitate the full and meaningful participation of residents,
service providers, government agencies, and others stakeholders in the development of all HUD
required consolidated planning documents including the Five-Year Consolidated Plan, Annual Action
Plans, Substantial Amendments, and the Consolidated Annual Performance and Evaluation Report
(CAPER). The primary purpose of the participation will be in needs identification, priority setting,
program recommendations, and funding allocations related to the consolidated planning process. The
City shall provide for and encourage citizen participation with particular emphasis on:
• Low and moderate-income persons, particularly those living in areas where CDBG funds are
proposed to be used;
2020 CITIZEN PARTICIPATION PLAN 4 CITY OF PEARLAND CDBG Program
• Residents of predominantly low and moderate-income neighborhoods;
• Minorities;
• People with Limited English Proficiency;
• People with Disabilities;
• Residents of public and other assisted housing developments; and
• Local and regional institutions, the regional Continuum of Care and other organizations
(including businesses, developers, nonprofit organizations, philanthropic organizations,
community and faith-based organizations).
City of Pearland is committed to keeping all interested groups and individuals informed of each phase of
the Consolidated Plan and AAP processes, plus the activities undertaken with CDBG funds. Opportunities
to comment on or participate in planning, community development, and affordable housing activities
and projects will be publicized and disseminated throughout City of Pearland using a variety of media.
Public Meetings
The City of Pearland does not propose to host public meetings on a regular basis, and it shall not be the
policy to do so for general planning where CDBG program planning is concerned. The City's allocation
being relatively small, no large-scale infrastructure or major construction investments are possible with
CDBG funds. Therefore, the City will revisit the policy on this matter if and/or when the CDBG allocation
to the City exceeds$500,000.
Public Hearings
City of Pearland, per 24 CFR 91.105, shall conduct least one Public Hearing for each allocation plan
adoption, but two Public Hearings are preferred. The Public Hearings will be held prior to submission to
the City Council of a Consolidated Plan/Annual Action Plan, CAPER, and/or any Substantial Amendments.
A Public Hearing is defined as: A formal opportunity for a governing body or other entity to receive
public opinion on the Plans or Plan amendment that may require formal action. This information
presented at the Public Hearings will be contained in the text of the Consolidated Plans/AAP, CAPER,
and/or any Substantial Amendments to be presented to the City Council. The purpose of these hearings
is to communicate information regarding the CDBG projects, inform the public that allocations amounts
have been transmitted to the City for planning purposes, and/or to obtain feedback and to review the
CDBG program performance during the past program year. These hearings should be docketed activities
2020 CITIZEN PARTICIPATION PLAN 5 CITY OF PEARLAND CDBG Program
that take place during the course of Regular or Special City Council meetings, or even Joint Special
Meetings or Joint Public Hearings if the topic of planning involves rezoning or conditional use issues
related to a CDBG-funded project. No Public Hearing is required prior to the submission of the CAPER
and City Council is not required to pass any resolution to adopt or approve of the City's CAPER.
Anti-Displacement Plans
The City's policy is to administer the CDBG program without displacement of households, In the event
displacement is unavoidable, with the exception of voluntary displacement as in the case of a disaster
recovery or mitigation buyout activity, the City and/or other responsible party(s) will comply with the
regulations of the Uniform Relocation Assistance and Real Property Acquisition Policies Act, as
amended, and Section 104(d) of the Housing and Community Development Act of 1974, as amended.
Should a voluntary displacement or relocation be considered, the City may use HUD funds to incentivize
relocation within the jurisdiction, so as to encourage the household to remain within the City limits.
Consistent with the goals and objectives of activities assisted under the Act, City of Pearland will take
appropriate steps to minimize the direct and indirect displacement of persons from their homes.
Public Notices and Outreach
Information about the time, location, and subject of each Public Hearing will be publicized in the City's
selected newspaper of official record on the Wednesday edition immediately prior to the docketed
Public Hearing. The City may choose to augment the newspaper publication of a Public Hearing with a
posting on the City's internet website at www.pearlandtx.gov. The docketed Public Hearing will be held
on the portion of the Council agenda generally reserved for such activities and be conducted separately
from other agenda items or regular citizen comment sections of the agenda.
Public Hearings will generally be held at Pearland City Hall —Council Chambers, but may be relocated in
situations that demand another facility be used for the activity. This will typically be the case if a
disaster,facility malfunction, or major impediment to participation has occurred.
In all cases, the City will utilize facilities accessible to persons with disabilities. If notice is given at least
48 hours before a Public Hearing date, the City will provide appropriate materials, equipment, and
interpretation services to facilitate the participation of non-English speaking people and people with
visual and/or hearing impairments. Interpreters will be provided at public review meetings where a
significant number of non-English speaking residents can be reasonably expected to participate. If the
2020 CITIZEN PARTICIPATION PLAN 6 CITY OF PEARLAND CDBG Program
City is unable to do so, additional Public Hearing activities can be conducted to ensure such reasonable
accommodations are made.
Publication of Proposed Plan Documents
The City will publish proposed drafts or completed Consolidated Plans/AAP, CAPER or Substantial
Amendments thereof, in a manner affording citizens, public agencies, and other interested parties a
reasonable opportunity to examine their contents and submit comments. The information included in
these publications shall, at minimum, include:
1. The amount of CDBG funds the City expects to receive (estimated grant funds plus any expected
program income);
2. The range of activities that may be undertaken; and
3. The estimated amount of grant funding benefiting persons with low-and moderate incomes.
A description of the content and purpose of the proposed Plan will be published in one or more
newspapers of general circulation at the beginning of the required 30-day public comment period and
include the locations where copies of the entire proposed Plan may be obtained or examined. Copies of
the proposed Plan will be made available for inspection at City of Pearland City Hall and/or City Hall
Annex, each of which is located on the first floor of the respective City Hall facilities at 3519 Liberty
Drive, Pearland TX 77581. Citizens and groups may obtain a reasonable number of free copies of the
proposed Plan by contacting the City's Grants & Special Projects Administrator at (281) 652-1795 or
jhardy@pearlandtx.gov.
Public Comment Period
Consolidated Plan & Annual Action Plan City of Pearland will receive comments from citizens on its
proposed Plan for a period not less than 30-days prior to adoption by City Council and submission of the
Plan(s) to HUD. All comments or views of citizens received in writing or orally at Public Hearings will be
considered in preparing the final Plan(s). A summary of these comments or views, and a summary of any
comments or views not accepted and the reasons therefore shall be attached to the final Plan(s). Oral
comments outside of Public Hearings may not be considered unless they are also provided directly to
the Grants & Special Projects Administrator via email, letter, or other legible written form at one of the
following addresses: City of Pearland Administration Attn: Grants & Special Projects Administrator -
3519 Liberty Drive, Pearland TX 77581 OR via email to: jhardv@pearlandtx.gov. The draft Plan(s) will
2020 CITIZEN PARTICIPATION PLAN 7 CITY OF PEARLAND CDBG Program
also be posted on the City's webpage at www.pearlandtx.gov. The final version of the Plans, as approved
by HUD, will be posted on the City's webpage.
Plan Amendments
From time to time, it may be necessary for the City to amend the Consolidated Plan or an AAP to allow
for new CDBG projects or activities; modification of existing projects or activities; or other program
administrative actions. HUD regulations at 24 CFR Part 91.505 requires amendments to the Consolidated
Plan and/or AAP whenever there is:
1. a change in the allocation priorities presented in the plan;
2. a change in the method of distributing funds;
3. a change in the use of funds to an activity not described in the Annual Action Plan; or
4. a change in the purpose, scope, location, or beneficiaries of an activity.
Some amendments will be considered Substantial while others will be considered Administrative. The
need to prepare a Substantial Amendment shall trigger use of the public participation requirements.
Comments from the public will be given due consideration by City staff before written notice of the
Substantial Amendment is sent to HUD. HUD regulations at 24 CFR Part 91.505 (b) require the City to
identify the criteria to be used in determining if a proposed action will be considered a Substantial
Amendment. The following four criteria will be used by the City — if any one criterion applies, a
Substantial Amendment will be required:
1. a change in the use of funds from one eligible activity category to another (e.g. from housing to
public services, or to any other broad category within CDBG funding);
2. funding of a CDBG activity not previously described in the Consolidated Plan or Action Plan;
3. a change in the description of an existing activity in such a way that the newly described
purpose, scope, location, or beneficiaries of an activity differ significantly from the original
activity's purpose, scope, location, or beneficiaries; or
4. an increase in the CDBG funds allocated to an existing activity in an amount greater than
$50,000 over the current funded amount.
Administrative Amendments, including those made necessary by a change in HUD regulations, will be
considered narrative changes to be approved by the City Manager. The changes will then be
incorporated into the plans and made available online within a reasonable time after they are made.
2020 CITIZEN PARTICIPATION PLAN 8 CITY OF PEARLAND CDBG Program
Any changes in federal funding after the AAP's draft comment period has expired and the resulting
effect of the distribution of funds will not be considered a Substantial Amendment. Administrative
Amendments do not require public consultation and may be implemented upon approval of City of
Pearland's City Manager. These amendments will be noted in the program files.
Citizen Participation Plan Amendments
From time to time, it may be necessary for the City to amend the Citizen Participation Plan (CPP). A
"Substantial Amendment"to the Citizen Participation Plan is defined by City of Pearland to be:
1. a change in the definition of a Substantial Amendment for the Consolidated Plan or AAP; or
2. a change in the required public notification periods or public hearings; or
3. a change to the City's policies or procedures regarding citizen participation, to such an extent it
can no longer reasonably be construed as meeting the original intent approved by City Council
and HUD per 24 CFR Part 91.105.
All other changes to the CPP will be considered Administrative Amendments and will be noted in the
program files. Examples of Administrative Amendments may include, but are not limited to:
1. updates to contact and access information;
2. the modes and means of outreach utilized;
3. amended City policies referenced in this Plan;
4. clarifications of terms used in the document; and
5. amended CFR's referenced in the Plan that do not substantially change the information included
in the Plan.
In the event of a declared emergency, it may be necessary to reprogram funds to meet urgent
community needs. These amendments may include funding new activities and/or the reprogramming of
funds to meet the urgent needs. To comply with the national objective of meeting community
development needs having a particular urgency, and project will alleviate existing conditions which:
1. pose a serious and immediate threat to the health and welfare of the community;
2. are of recent origin or recently became urgent (approximately 18 months);
3. are unable to be finance by the City on its own; and
4. other funding resources are not available to completely carry out the activity.
2020 CITIZEN PARTICIPATION PLAN 9 CITY OF PEARLAND CDBG Program
In these situations, requirements related to public notice and the public comment period may be
suspended for a limited and defined period of time at the discretion of the City Manager. It is important
to note that HUD has issued specific waivers to these requirements per the response to the 2019 novel
coronavirus pandemic (COVID-19/SARS-CoV2). The applicable waivers and other COVID-19-related
information pertaining to HUD CDBG program adjustments are attached to this Plan.
Plan Amendment Public Comment Periods
Substantial Amendments
Once drafted, City of Pearland shall make the text of a Substantial Amendment available for public
comment and submit it to the City Council for adoption. Notice and opportunity to comment will be
given to citizens through:
1. publication in a local newspaper-The (Pearland-Friendswood) Reporter News; and
2. publication on the City's website at www.pearlandtx.gov.
A public comment period of not less than 30-days will be provided prior to adopting or implementing
any Substantial Amendments to the Consolidated Plan, Annual Action Plan, or Citizen Participation Plan,
with the exception of those HUD has issued specific waivers for. City staff will prepare a summary of all
comments received.
CAPER
An annual performance report known as the Consolidated Annual Performance and Evaluation Report
(CAPER) must be prepared by the City for annual submission to HUD within 90 days of the conclusion of
the City's program year. City of Pearland will provide a preliminary draft of the CAPER to the City Council
and publish a notice announcing the public shall have no less than 15 days to review and comment on
the document. A copy of the CAPER shall be placed for review at City of Pearland's City Hall and/or City
Hall Annex, both to be available on the first floor of one or both facilities at 3519 Liberty Drive, Pearland
TX 77581 and will be posted to the City's website at www.pearlandtx.gov. All public comments received
orally in person, via telephone call or submitted in writing regarding the CAPER will be considered and a
summary of these comments or views and staff responses shall be attached to the document before it is
finalized and submitted to HUD.
2020 CITIZEN PARTICIPATION PLAN 10 CITY OF PEARLAND CDBG Program
Access to Records
A reasonable number of free copies of City of Pearland's Consolidated Plan, AAP, CAPER, and
amendments thereto will be available to citizens and groups upon request. These documents shall be
maintained as permanent City records and shall be available upon request, and without the need for any
formal or official public information request (PIR). Materials will also be made available in a form
accessible to persons with disabilities and limited English proficiency upon request.
Technical Assistance to Citizens & Organizations
City of Pearland will provide technical assistance to City of Pearland residents and agencies, particularly
to those of low- and moderate-income. Assistance such as developing CDBG project proposals,
compliance requirements, program performance, and funding information as outlined in the current
Consolidated Plan will be provided. A meeting with an appropriate City staff representative will be
arranged for individuals, and groups when necessary, to explain the project eligibility, application and
approval process and other implementation requirements. City of Pearland staff may also meet with
various non-profit organizations and individuals to provide other specific technical assistance related to
housing, community development and human services programs, as requested
Complaint and Appeal Process
City of Pearland shall accept written complaints concerning the Consolidated Plan, Annual Action Plan,
Citizen Participation Plan, CAPERs, and amendments thereto, and shall provide a substantive written
response to any written citizen complaint within fifteen (15) working days, when practicable.
Complaints, comments and questions should be directed to: Grants & Special Projects Administrator,
City of Pearland, 3519 Liberty Drive, Pearland TX 77581 or via email at ihardv@pearlandtx.gov. The
complaint must contain the following information:
• Name and address of the person(s)filing the complaint;
• A description of the act or acts considered to be in violation;
• Other available pertinent information that will assist in the review and resolution of the
complaint.
Such complaints should be filed within thirty (30) days of the alleged act. A written response as to the
disposition of the complaint will be issued by the Grants & Special Projects Administrator no later than
2020 CITIZEN PARTICIPATION PLAN 11 CITY OF PEARLAND CDBG Program
fifteen (15) working days following receipt of the complaint, when practicable. A person who is
dissatisfied with the response, or if the response is delayed more than fifteen (15) working days, may
appeal in writing to: City Manager - City of Pearland, City of Pearland, 3519 Liberty Drive, Pearland TX
77581. A written response on the disposition of the complaint will be issued by the City Manager not
later than thirty (30) working days following the receipt of the complaint. If the complainant is
dissatisfied with the response of the City Manager, he/she may submit the complaint, in writing, to:
United States Department of Housing and Urban Development Region VI Office of Community Planning
and Development 1301 Fannin St., Suite#2200, Houston TX 77002.
No person shall intimidate, threaten, coerce, or discriminate against any person because he/she has
made a complaint, testified, assisted, or participated in any matter in an investigation, proceeding, or
hearing related to a complaint. The identity of complainants shall be kept confidential, except to the
extent necessary to carry out or conduct investigations, hearings, or judicial proceedings in any matter in
an investigation, proceeding, or hearing related to a complaint.
Effective Dates and Amendments
City of Pearland's original Citizen Participation Plan was adopted in August of 2006 with the original
acceptance of a HUD Entitlement Jurisdiction status and submission of its first Annual Action Plan. An
Administrative Amendment to this Citizen Participation Plan was made in June of 2013 per Section 6 of
this document, and another in June of 2020 with Council action on Coronavirus pandemic. This
amendment clarifies processes and procedures, definitions, updates on staff changes and website
changes.
2020 CITIZEN PARTICIPATION PLAN 12 CITY OF PEARLAND CDBG Program
Exhibit B -SECTION 3 POLICY
SECTION 3 POLICY
In accordance with 12 U.S.C. 1701u, (Section 3), the City of Pearland, TX agrees to implement
the following steps, which, to the greatest extent feasible, will provide job training,
employment and contracting opportunities for Section 3 residents and Section 3 businesses
of the areas in which the program/project is being carried out.
A. Introduce and pass a resolution adopting this plan as a policy to strive to attain goals for
compliance to Section 3 regulations by increasing opportunities for employment and
contracting for Section 3 residents and businesses.
B. Assign duties related to implementation of this plan to the designated Section 3
Coordinator.
C. Notify Section 3 residents and business concerns of potential new employment and
contracting opportunities as they are triggered by CDBG-DR grant awards through the
use of: Public Hearings and related advertisements; public notices; bidding
advertisements and bid documents; notification to local business organizations such as
the Chamber(s) of Commerce or the Urban League; local advertising media including
public signage; project area committees and citizen advisory boards; local HUD offices;
regional planning agencies; and all other appropriate referral sources. Include Section 3
clauses in all covered solicitations and contracts.
D. Maintain a list of those businesses that have identified themselves as Section 3
businesses for utilizations in CDBG-DR funded procurements, notify those businesses of
pending contractual opportunities, and make this list available for general Grant
Recipient procurement needs.
E. Maintain a list of those persons who have identified themselves as Section 3 residents
and contact those persons when hiring/training opportunities are available through either
the Grant Recipient or contractors.
F. Require that all Prime contractors and subcontractors with contracts over $100,000
commit to this plan as part of their contract work. Monitor the contractors' performance
with respect to meeting Section 3 requirements and require that they submit reports as
may be required by HUD or GLO to the Grant Recipient.
G. Submit reports as required by HUD or GLO regarding contracting with Section 3
businesses and/or employment as they occur; and submit reports within 20 days of
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 the designated authorized official for the City of Pearland's Community Development Block
Grant (CDBG programs, the City fully agrees to this plan and the full implementation of this
program.
Printe am IF I
(-.6A 20
Signature / Date
Exhibit C - Excessive Force Policy
Excessive Force Policy
In accordance with 24 CFR 91.325(b)(6), the City of Pearland, TX 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 Pearland, TX 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 Pearland, TX 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. Resolution R2020 — 195 has been adopted by the City Council of the City of Pearland,
TX.
As the designated authorized official for the City of Pearland's Community Development Block
Grant (CDBG) programs, the City fully agrees to this plan and the full implementation of this
program. ()4
77g(30—N
Printed Name/Titl
Signature
Date
Exhibit D — Section 504 Grievance Procedure & Due Process Standards
City of Pearland
Section 504 Grievance Procedure & Due Process Standards
In accordance with 24 CFR Section 8, Nondiscrimination based on Handicap in the 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 Pearland, TX 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 Pearland, TX 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 Pearland's recruitment materials or publications shall include a
statement of this policy in 1. above.
4. The City of Pearland, TX 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 Pearland, TX shall ensure that
they are provided with the information necessary to understand and participate
in the CDBG-DR program.
6. Grievances and Complaints
a. Any person who believes she or he has been subjected to discrimination
on the basis of disability may file a grievance under this procedure. It is
against the law for the City of Pearland to retaliate against anyone who
files a grievance or cooperates in the investigation of a grievance.
b. Complaints should be addressed to the Grants & Special Projects
Administrator, 3519 Liberty Drive, Pearland, TX, 77581 or call (281) 652-
1795 who has been designated to coordinate Section 504 compliance
efforts.
c. A compliant 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 City Attorney
and/or the City's Human Resources Department. 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 within fifteen (15) working days after the
filing of the complaint where practicable.
g. The Section 504 coordinator shall maintain the files and records of the
City of Pearland, TX 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 Pearland within then (10)working days after 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 Pearland, TX complies with Section 504 and HUD
regulations.
As the designated authorized official for the City of Pearland's Community Development Block
Grant (CDBG) programs, the City fully agrees to this plan and the full implementation of this
program.
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Printed Name/Title
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EXHIBIT E — CODE OF CONDUCT POLICY
CODE OF CODUCT POLICY
CITY OF PEARLAND, TX
As a Grant Recipient of a CDBG-DR contract, the City of Pearland, TX 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.
1. For procurement of goods and services, no employee, officer, or agent of the City of
Pearland, TX shall participate in the selection, award or administration of a contract
supported by CDBG-DR funds if he/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.
2. No officer, employee or agent of the City of Pearland, TX 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.
3. 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.
4. 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 a financial interest or benefit from the CDBG-DR activity.
5. 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.
6. Any person or entity including any benefitting business, utility provider, or other third party
entity that is receiving assistance, directly or indirectly, under a CDBG-DR contract or award,
or that is required to complete some or all work under the CDBG-DR contract in order to
meet a National Program Objective, that might potentially receive benefits from CDBG-DR
awards may not participate in the selection, award, or administration of a contract supported
by CDBG-DR funding.
7. Any alleged violations of these standards of conduct shall be referred to the City of Pearland
Attorney. Where violations appear to have occurred, the offending employee, officer or
agent shall be subject to disciplinary action, including, but not limited to termination 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.
As the designated authorized official for the City of Pearland's Community Development Block
Grant (CDBG) programs, the City fully agrees to this plan and the full implementation of this
program.
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Printed Name itle
Signature
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Date
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 the conflict of interest and
nepotism may be found at the Texas Government Code Chapter 573, Texas Government Code
Chapter 171, Uniform Grant Management Standards by Texas Comptroller, 24 CFR 570.489(g)
& (h), and 2 CFR 200.318
EXHIBIT F — FAIR HOUSING POLICY
Fair Housing Policy
In accordance with the Fair Housing Act, the City of Pearland, TX hereby adopts the following
policy with respect to the Affirmatively Furthering Fair Housing:
1. The City of Pearland, TX 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 Pearland, TX agrees to plan at least one activity during the contract
term to affirmatively further fair housing.
3. The City of Pearland, TX will introduce and pass a resolution adopting this
policy.
As the designated authorized official for the City of Pearland's Community Development Block
Grant (CDBG) programs, the City fully agrees to this plan and the full implementation of this
program.
Printed Name/T e
Signature
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Date