R12-0431 RESOLUTION NO. R12- 04:3
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING A VOLUNTARY COMPLIANCE
5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
6 AND THE U.S. DEPARTMENT OF HOUSING AND URBAN
7 DEVELOPMENT (HUD) TO RESOLVE FINDINGS AND
8 CONCERNS OF HUD DURING A RECENT ONSITE REVIEW;
9 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
10 THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
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12 WHEREAS, during the week of August 8, 2011, HUD conducted an onsite review
13 of certain aspects of the City of Boynton Beach Community Development Block Grant
14 (CDBG) program related to Americans with Disabilities Act, Fair Housing and
15 employment and training opportunities for Section 3 residents; and
15 WHEREAS, the review was conducted to ensure that the CDBG programs
1 administered by the City provide equal opportunity for all persons, and that no person is
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16 excluded from participation in, denied the benefit of, or otherwise subjected to
19 discrimination in any program or activity; and
20 WHEREAS, as a result of the onsite visit, HUD determined that some areas
21! needed to be addressed in order for the City to achieve full compliance; and
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22 WHEREAS, City staff has negotiated a Voluntary Compliance Agreement as the
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231 instrument that the City will use to resolve all the issues raised in the monitoring letter;
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24 and
25 ! WHEREAS, upon recommendation of staff, the City Commission has determined
26' that it is in the best interest of the residents and citizens of the City of Boynton Beach to
27I approve the Voluntary Compliance Agreement with the U.S. Department of Housing and
28 ; Urban Development.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
4 being true and correct.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
G approves the Voluntary Compliance Agreement between the City of Boynton Beach and the
7 U.S. Department of Housing and Urban Development to resolve findings and concerns of
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a HUD during a recent onsite review, a copy of the Voluntary Compliance Agreement is
9 attached hereto as Exhibit "A ".
10 Section 3. The Mayor and City Clerk, on behalf of the City of Boynton Beach, are
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ill authorized to execute the Voluntary Compliance Agreement with the U.S. Department of
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12� ; Housing and Urban Development.
13j Section 4. That this Resolution shall become effective immediately.
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1 PASSED AND ADOPTED this /5 day of 1"1 Aq 2012.
2 CITY OF BOYNTON BEACH
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Mayor — Woodrow Hay
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23' ATTEST:
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ice ayor Mack McCray
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CommisAiaftm — William plrlov
Commissic6er — t e Hol r m
ommissioner — Marlene Ross
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r M. C Prai MC
Clerk
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UNITED STATES OF AMERICA
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY
VOLUNTARY COMPLIANCE AGREEMENT
BETWEEN
THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND
CITY OF BOYNTON BEACH, FLORIDA
REVIEW NUMBERS: 04-11-R-002-4/04-11-R-002-D/04-11-R-002-6/04-11-R-002-3/
04 -11 -R -002 -F / 04 -11 -R -002 -9
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I. INTRODUCTION
The City of Boynton Beach, Florida ( "City" or "Recipient ") is a Community
Development Block Grant ( "CDBG ") entitlement community. It is a recipient of financial
assistance from the U.S. Department of Housing and Urban Development ( "HUD" or
"Department "), and has received funds in the form of CDBG funds, CDBG -R funds,
Neighborhood Stabilization Program ( "NSP -1 ") funds, and Neighborhood Stabilization
Program ( "NSP -3 ") funds from the Department. For the period from 2008 to 2011, the City
has received the following CDBG funds:
CDBG
2008 - $525,681
2009 - $529,825
2010 - $572,725
2011 - $479,344
CDBG - R:
2009 - $142,780
NSP -1:
2009 - $2,963,311
NSP -3:
2011 - $1,168,808
As such, the City is subject to the following federal laws:
1. Title VI of the Civil Rights Act of 1964, as amended ( "Title VI ");
2. Section 504 of the Rehabilitation Act of 1973, as amended ( "Section 504 ");
3. Subtitle A of Title II of the Americans with Disabilities Act of 1990 ( "ADA ");
4. Section 109 of the Housing and Community Development Act of 1974, as
amended ( "Section 109 "); and
5. Section 3 of the Housing and Urban Development Act of 1968, as amended
( "Section 3 ").
Additionally, the City is subject to the Affirmatively Furthering Fair Housing
requirements at Section 808(e)(5) of the Fair Housing Act.
During the week of August 8 -11, 2011, FHEO staff conducted a review to determine
the City's compliance with the aforementioned laws. The review was conducted to ensure that
the CDBG programs administered by the City provide equal opportunity for all persons, and
that no person is excluded from participation in, denied the benefit of, or otherwise subjected
to discrimination in any program or activity.
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On September 30, 2011, the Department issued the Letter of Findings and concluded
that the City was in non - compliance with Title VI, Section 504, ADA, Section 109,
Affirmatively Furthering Fair Housing, and Section 3, in the implementation of all of the
CDBG programs in which it participated.
In order to comply with its responsibilities under Title VI, Section 504, ADA, Section
109, the Fair Housing Act, and Section 3, and their respective implementing regulations, and
in order to address the deficiencies identified by the Department in its Letter of Finding, the
City of Boynton Beach agrees to enter into this Voluntary Compliance Agreement ( "VCA" or
"Agreement ").
II. DEFINITIONS
General definitions:
Accessible (physical accessibility) — When used with respect to the design, construction, or
alteration of housing and non - housing programs, "accessible" means that the program or
portion of the program when designed, constructed, altered or adapted, can be approached,
entered, and used by individuals who use wheelchairs. A program that is designed,
constructed, altered or adapted to be in compliance with the Uniform Federal Accessibility
Standards (UFAS) and, where applicable, the Americans with Disabilities Act Standards for
Accessible Design (ADA Standards), meets the minimum standards for compliance and is
accessible. See 24 C.F.R. §§ 8.3; 8.32; Appendix A to 24 C.F.R. § 40; and Appendix A to 28
C.F.R. § 36. In addition, covered multifamily dwellings built for first occupancy after March
13, 1991, shall also be designed and constructed to comply with the Fair Housing Act. See 24
C.F.R. § 100.205. See also Appendix D for the UFAS and ADA standards.
Accessible (programmatic accessibility) - When used more generally in the context of
programmatic accessibility, "accessible" means making City programs and activities equally
available to persons with and without disabilities. Examples of ways of achieving
programmatic accessibility include making reasonable accommodations in the rules and
policies governing a particular program, making physical modifications (described in the
preceding paragraph), providing applications and forms in an alternative format, such as
Braille, promptly processing requests for reasonable accommodations for a program or
activity, and allowing assistive animals to accompany persons with disabilities. See 24 C.F.R.
§ 8.4.
Accessible Route — A continuous, unobstructed UFAS- compliant path as prescribed in
24 C.F.R. §§ 8.3 and 8.32; 28 C.F.R. § 35.151; and UFAS § 4.3. (See definition of "Dwelling
Unit" and "Non- Housing Programs ".)
Adaptable — The ability of certain elements of a dwelling unit such as kitchen counter sinks
and grab bars, which have been or may be altered, to accommodate the needs of persons with
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disabilities or to accommodate the needs of persons with different types or degrees of
disability. See 24 C.F.R. § 8.3.
Agreement — The Voluntary Compliance Agreement.
Alterations — Any change in a facility or its permanent fixtures or equipment, including
remodeling, renovation, rehabilitation, reconstruction, changes or rearrangement in structural
parts and extraordinary repairs. See 24 C.F.R. § 8.3.
Assistance Animals — An animal that is needed as a reasonable accommodation for persons
with disabilities. An assistance animal is not considered a pet. Assistance animals are animals
that work, provide assistance, or perform tasks for the benefit of a person with a disability; or
animals that provide emotional support that alleviates one or more identified symptoms or
effects of a person's disability.
Auxiliary Aides — Services that enable persons with impaired sensory, manual, or speaking
skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or
activities receiving Federal financial assistance. The type of auxiliary aid or service necessary
to ensure effective communication will vary in accordance with the length and complexity of
the communication involved. See 24 C.F.R. § 8.3.
Effective Date - The effective date of this Agreement is the date of the last signature in
Section IX.
City — The City of Boynton Beach, Florida.
CID - The Community Improvement Division ( "CID ") is housed within the Department of
Development and is the lead Agency for administering the City's Community Development
Block Grant ( "CDBG ") program.
Person With a Disability — For purposes of this Agreement, a person with a disability is any
person who has a physical or mental impairment that substantially limits one or more major
life activities such as caring for oneself, manual tasks, walking, seeing, hearing, speaking,
breathing or learning; has a record of such impairment; or, is regarded as having such an
impairment. See 24 C.F.R. § 8.3.
Reasonable Accommodation — A reasonable accommodation is a change, modification,
alteration, or adaptation in a policy, procedure, practice, program, facility or unit that provides
a person with a disability the opportunity to participate in, or benefit from, a program (housing
or non - housing), service or activity.
Structural Impracticability — Changes having little likelihood of being accomplished without
removing or altering a load- bearing structural member and /or incurring an increased cost of
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fifty percent (50 %) or more of the value of the element of the building or facility involved.
See UFAS § 3.5.
UFAS —The standards for the design, construction or alterations of buildings to ensure that
they are readily accessible to and usable by individuals with disabilities. See 24 C.F.R. § 40.
Effective July 11, 1988, the design, construction, or alteration of buildings in conformance
with §§ 3 -8 of the Uniform Federal Accessibility Standards (UFAS) shall be deemed to
comply with the requirements of 24 C.F.R. §§ 8.21, 8.22, 8.23 and 8.25.
VCA — The Voluntary Compliance Agreement between the U. S. Department of Housing and
Urban Development and the City of Boynton Beach which becomes effective on the date of
the last signatory to the Agreement.
Section 3 definitions:
Applicant - Any entity which makes an application for Section 3 covered assistance, and
includes but is not limited to any State, units of local government, public housing agency,
Indian housing authority, Indian tribe or other public body, public of private nonprofit
organization, private agency or institution, mortgage developer, limited dividend sponsor,
builder, property manager, community housing development corporation, resident
management corporation, resident council or cooperative association.
Business concern - A business entity formed in accordance with State laws and which is
licensed to engage in the type of business activity for which it was formed.
Contractor - Any entity which contracts to perform work generated by the expenditure of
Section 3 covered assistance, or for work in connection with a Section 3 covered project.
Emplovment opportunities generated by Section 3 covered assistance - All employment
opportunities generated by the expenditure of Section 3 covered public and Indian housing
assistance (i.e., operating assistance, development assistance and modernization assistance,
as described in § 135.3(a)(1)). With respect to Section 3 covered housing and community
development assistance, this term means all employment opportunities arising in
connection with Section 3 covered projects (as described in § I35.3(a)(2)), including
management and administrative jobs connected with the Section 3 covered project.
Management and administrative jobs include architectural, engineering or related professional
services required to prepare plans, drawings, specifications, or work write -ups; and jobs
directly related to administrative support of these activities, e.g., construction manager,
relocation specialist, payroll clerk, etc.
HousinR and communitv develooment assistance -Any financial assistance provided or otherwise
made available through a HUD housing or community development program through
any grant, loan, loan guarantee, cooperative agreement, or contract, and includes
community development funds in the form of community development block grants, and
loans guaranteed under section 108 of the Housing and Community Development Act of
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1974, as amended. Housing and community development assistance does not include
financial assistance provided through a contract of insurance or guaranty.
Low - income person -See the definition of "Section 3 resident" in this section.
Metropolitan area - A metropolitan statistical area (MSA), as established by the Office of
Management and Budget.
Neighborhood area -For HUD community development programs, the definition, if
provided, in the regulations for the applicable community development program, or the
definition for this term in 24 CFR 570.204(c)(1).
New hires -Full-time employees for permanent, temporary or seasonal employment
opportunities.
Other HUD programs -HUD programs, other than HUD public and Indian housing
programs, that provide housing and community development assistance for "Section 3 covered
projects," as defined in this section.
Public housing resident - This has the meaning given this term in 24 CFR § 963.
Recipient - 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 transferee of any such entity, but does not include any
ultimate beneficiary under the HUD program to which Section 3 applies and does not include
contractors.
Section 3 - Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. 1701u).
Section 3 business concern - A business concern, as defined in this section (1) That is 51
percent or more owned by Section 3 residents; or (2) Whose permanent, full -time employees
include persons, at least 30 percent of whom are currently Section 3 residents, or within
three years of the date of first employment with the business concern were Section 3
residents; or (3) That provides evidence of a commitment to subcontract in excess of 25
percent of the dollar award of all subcontracts to be awarded to business concerns that
meet the qualifications set forth in paragraphs (1) or (2) in this definition of "Section 3
business concern."
Section 3 clause - The contract provisions set forth in 24 CFR § 135.38.
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Section 3 covered assistance - Assistance provided under any HUD housing or community
development program that is expended for work arising in connection with: (i) Housing
rehabilitation (including reduction and abatement of lead -based paint hazards, but
excluding routine maintenance, repair and replacement); (ii) Housing construction; or (iii)
Other public construction project (which includes other buildings or improvements, regardless
of ownership).
Section 3 covered contract - 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" 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 moiect - The construction, reconstruction, conversion or rehabilitation of
housing (including reduction and abatement of lead -based paint hazards), other public
construction which includes buildings or improvements (regardless of ownership)
assisted with housing or community development assistance.
Section 3 ioint venture - An association of business concerns, one of which qualifies as a
Section 3 business concern, formed by written joint venture agreement to engage in and carry
out a specific business venture for which purpose the business concerns combine their efforts,
resources, and skills for joint profit, but not necessarily on a continuing or permanent
basis for conducting business generally, and for which the Section 3 business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and holds
management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is
contractually entitled to compensation proportionate to its work.
Section 3 resident - (1) A public housing resident; or (2) An individual who resides in the metropolitan
area or nonmetropolitan county in which the Section 3 covered assistance is expended, and who is: (i) A
low - income person, as this term is defined in Section 3(b)(2) of the 1937 Act (42 U.S.C.
1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single
persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the
Secretary, with adjustments for smaller and larger families, except that the Secretary may establish
income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's
findings that such variations are necessary because ofprevailing levels of construction costs or unusually high or
low- income families; or (ii) A very low - income person, as this term is defined in Section 3(b)(2) of the
1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines
this term to mean families (including single persons) whose incomes do not exceed 50 percent of the
median family income for the area, as determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent
of the median for the area on the basis of the Secretary's findings that such variations are necessary because
of unusually high or low family incomes; or (3) A person seeking the training and employment preference
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provided by Section 3 bears the responsibility of providing evidence (if requested) that the person is
eligible for the preference.
Service area - The geographical area in which the persons benefitting from the Section 3 covered project
reside. The service area shall not extend beyond the unit of general local government in which the
Section 3 covered assistance is expended.
Subcontractor - Any entity (other than a person who is an employee of the contractor) which has a
contract with a contractor to undertake a portion of the contractor's obligation for the performance of
work generated by the expenditure of Section 3 covered assistance, or arising in connection with a
Section 3 covered project.
Very low- income person - See the definition of "Section 3 resident" in this section.
III. GENERAL PROVISIONS
A. Pursuant to HUD regulations at 24 CFR §1, 24 CFR §8 and the Civil Rights Restoration
Act, 42 U.S.C. § 200d — 4a, this Voluntary Compliance Agreement ( "VCA" or
"Agreement ") applies to all federally funded CDBG projects, related facilities, programs
and activities that the City, owns, controls, funds, operates, or sponsors.
B. The effective date of this Agreement is the date of the last signature in Section IX. This
Agreement shall be binding on all of the officers, trustees, directors, agents, employees,
and successors or assignees of the City and HUD. This Agreement shall remain in effect
until the City has satisfactorily completed the provisions set forth in this Agreement; or, for
a minimum of three years after the effective date of this Agreement, whichever is later.
C. The Department will monitor the City's implementation of this Agreement.
D. This Agreement will serve as the City's Transition Plan with respect to and in compliance
with the provisions of programs for persons with disabilities. See 24 C.F.R. §§ 8.21(c)(4),
8.24(d) and 8.25(c).
E. This Agreement does not increase or diminish the ability of any person or class of persons
to exercise their rights under Section 504, Section 3, the ADA, Title VI, and /or the Fair
Housing Act. This Agreement does not create any private right of action for any person or
class of persons not a party to this Agreement.
F. This Agreement does not affect the ability of HUD or the City to take action under
appropriate statutory or regulatory authorities unrelated to issues covered by this VCA.
G. Upon the effective date of this Agreement, this VCA is a public document. A copy of this
Agreement shall be made available to any person for his /her review, in accordance with the
law. The City shall provide a copy of this Agreement to any person upon request.
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H. The City shall provide a copy of reporting data it generates to comply with this Agreement
to any person, upon request, in accordance with the City's Freedom of Information Act and
Privacy Act procedures. In no event will public disclosure include personally identifiable
information regarding applicants, participants, or recipients.
1. To the extent that any prior HUD guidance (written or oral) in the form of waivers,
administrative decisions, letters, opinions, or similar guidance regarding the City's
obligations, responsibilities, or technical requirements under Section 504, Section 3, the
ADA, UFAS, Title VI, and /or the Fair Housing Act conflicts with this Agreement, this
Agreement is the controlling document from the effective date of this Agreement.
J. This Agreement does not supersede or in any manner change the rights, obligations, and
responsibilities of the parties under any and all court orders or settlements of other
controversies involving compliance with civil rights statutes.
K. This Agreement does not affect any requirements for the City to comply with all
requirements of Section 504, Section 3, the ADA, Title VI, and /or the Fair Housing Act
not addressed in this Agreement.
L. The City shall appoint appropriate personnel to oversee compliance with the provisions of
this Agreement.
M. The City will provide in alternate formats, upon request, all notices, correspondence and /or
communications that this Agreement requires to be disseminated. See 24 C.F.R. § 8.6.
IV. SPECIFIC PROVISIONS
A. VOLUNTARY COMPLIANCE AGREEMENT ADMINISTRATOR,
1. Within thirty (30) days of the effective date of this Agreement, the City will appoint
an Acting Voluntary Compliance Agreement Administrator (VCA Administrator).
2. Within sixty (60) days of the effective date of this Agreement, the City shall appoint a
permanent VCA Administrator. The VCA Administrator will report directly to the
City Manager. The VCA Administrator will be responsible for coordinating all
compliance activities under this Agreement and shall serve for the duration of the
VCA. The VCA Administrator and the Section 504 / ADA Coordinator, referenced in
IV. B., may be the same person.
Upon selection of the VCA Administrator, the City shall provide written notice of the
designation of the new VCA Administrator and provide the Department with a copy of
the VCA Administrator's resume and /or curriculum vitae. The individual fulfilling
these responsibilities must have prior relevant experience to demonstrate expertise in
and knowledge of Section 504, Section 3, Title VI, the Fair Housing Act, the ADA,
and their respective implementing regulations, including the relevant accessibility
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standards. The City will ensure that appropriate 504 training is provided to the VCA
Administrator.
4. The VCA Administrator will be responsible for the following: (a) implementation of
the provisions of this Agreement; (b) submission of all reports, plans and records as
required by this Agreement; and (c) coordination of the activities of City personnel
who will assist the VCA Administrator in implementing this Agreement. The City
shall commit sufficient resources so that the VCA Administrator can successfully
accomplish these objectives.
5. In the event that the VCA Administrator resigns or is otherwise terminated prior to the
expiration of this Agreement, the City shall immediately designate an Acting VCA
Administrator within thirty (30) days of the resignation or termination notice of the
VCA Administrator. Upon designation, the City shall provide HUD with the name of
the individual selected to serve as the acting VCA Administrator.
Within ninety (90) days of the termination or resignation of the VCA Administrator,
the City shall select a new VCA Administrator. Upon designation, the City shall
provide HUD with written notice of the new VCA Administrator. The newly
appointed VCA Administrator must meet the requirements of Section IV(A)(3)
specified above.
B. SECTION 504 / ADA COORDINATOR
Within sixty (60) days of the date of execution of this Agreement, the City will identify
its Section 504 / ADA Coordinator. The individual fulfilling these responsibilities
must have prior relevant experience to demonstrate expertise in and knowledge of
Section 504, Section 3, the Fair Housing Act, the ADA, and their respective
implementing regulations, including the relevant accessibility standards. In the event
that City's Section 504 / ADA Coordinator resigns or is otherwise terminated prior to
the expiration of this Agreement, the City shall designate an Acting Section 504 / ADA
Coordinator within thirty (30) days of the resignation or termination of the Section
504 /ADA Coordinator. Upon designation, the City shall provide HUD with the name
of the individual selected to serve as the Acting Section 504 /ADA Coordinator.
2. Within ninety (90) days of the termination or resignation of the Section 504 /ADA
Coordinator, the City shall select a new qualified Section 504 /ADA Coordinator.
Upon selection, the City shall provide written notice of the designation of the new
Section 504 /ADA Coordinator and provide the Department with a copy of the
Coordinator's resume and /or curriculum vitae. The individual fulfilling these
responsibilities must have prior relevant experience to demonstrate expertise in and
knowledge of Section 504, Section 3, the Fair Housing Act, the ADA, and their
respective implementing regulations, including the relevant accessibility standards.
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C. SECTION 504 / ADA COORDINATOR NOTICE TO EMPLOYEES,
Within sixty (60) days of the effective date of this Agreement, the City will provide
HUD for its review and approval a draft letter for distribution to City staff which
identifies the Section 504 / ADA Coordinator. The letter shall explain the 504 / ADA
Coordinator's role, duties, and responsibilities, including the Coordinator's name, work
address, position held, contact telephone /TDD numbers, and available work hours.
HUD will complete its review, modify and /or approve the letter for dissemination
within 30 days from receipt.
2. Following HUD's approval, within thirty (30) days thereafter, the City shall distribute
the letter to all City employees. The letter will also advise persons of their right to
request a reasonable accommodation and how to request an accommodation, and will
include a copy of the City's reasonable accommodation policy and the form the City
uses to make a reasonable accommodation requests.
D. TITLE VI / SECTION 504 / SECTION 109 PROGRAMMATIC REQUIREMENTS,
1. Recordkeepinp, / Oversight of Subrecivients
The City acknowledges that it is required by Title VI (24 CFR § 1.6), Section 504 (24
CFR § 8.55), and Section 109 (24 CFR § 6.6) to provide to HUD timely, complete, and
accurate racial and ethnic reports in such form and containing such information as
HUD determines is necessary to ascertain the extent to which minority groups are
beneficiaries of federally assisted programs. Within 90 days of the date of execution of
this Agreement, the City will provide a proposed plan for obtaining and maintaining
racial and ethnic data to HUD. The plan will be developed based on a review of all
applicable regulations, and will be coordinated with and involve the City's
subrecipients, who will be required by the City to obtain requested racial and ethnic
data and to provide that information to the City on a quarterly basis. City personnel as
well as subrecipients will receive training on implementation of the plan, as part of the
civil rights recordkeeping requirements training, mentioned below.
Within 90 days of the date of execution of this Agreement, the City will develop and
implement a tool for data collection for applicants rejected as well as applicants accepted
for funding by the City.
The City further acknowledges that it is responsible for ensuring that its subrecipients
and subgrantees comply with Title VI, Section 504, and Section 109. Toward this end,
the City, within 90 days of the date of execution of this Agreement, shall develop and
implement a Standard Operating Procedure for monitoring its subrecipients'
compliance with Title VI, Section 504, and Section 109. During this 90 day period, the
City will organize subrecipient files so that information needed to verify compliance
can be easily obtained. All files within a specific program will be organized in the
same manner. All City monitoring files will contain quarterly reports from the
subrecipients, maintained in chronological order. Monitoring and oversight activities
of the City will be clearly documented in each file.
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Within 90 days of the date of execution of this Agreement, the City will develop and
implement training sessions for its staff and subrecipients regarding the requirements
of all applicable civil rights laws. The duration of the training will be at least eight (8)
hours for City staff, and at least four (4) hours for subrecipients. Areas covered will
include but not be limited to recordkeeping requirements, LEP, affirmative marketing,
program accessibility to persons with disabilities, as well as the prohibitions against
discrimination contained in each law. The City will also make clear to its subrecipients
that it is available as a resource for technical assistance to ensure compliance with
applicable civil rights laws. All current City CID employees and all other City
employees involved in activities receiving Federal financial assistance through HUD
will receive this civil rights training within 150 days of the date of execution of this
Agreement. All subrecipients will receive the training within 180 days of the date of
execution of this Agreement. The City will provide quarterly progress reports to HUD,
until all City employees and subrecipients have been trained, beginning with the period
covering the first three months following execution of the Agreement. The reports will
be due 30 days following the end of quarter being reported on.
2. Citizen's Participation
The City agrees to ensure that residents are not excluded from participation in, denied
the benefits of, or subjected to discrimination on the basis of race, color, or national
origin, under any program or activity receiving Federal financial assistance. It will do
so by revising its Citizen Participation Plan to ensure that all members of the
community, including members of racial and ethnic minorities, persons with limited
English proficiency ( "LEP "), and people with disabilities are encouraged to participate
in the consolidated planning and performance review process, as specified at 24 CFR §
91.105 (a) (2) (ii). The City will ensure that all of its Public Hearing advertisements
for Public Hearings related to HUD - funded activities placed on the date of execution of
this Agreement or later: 1) identify the procedures for requesting reasonable
accommodations; 2) specify that documents listed in the ad can be requested in
alternate format; 3) state that auxiliary aids or services will be provided upon request
(with adequate notice); and 4) provide as contact numbers both a telephone number and
a TTY or Florida Relay Service number.
Limited English Proficiencv Program
Within 120 days of the date of execution of this Agreement, the City will develop and
submit to HUD for review a Limited English Proficiency ( "LEP ") Plan, based on a
four - factor analysis. The City will conduct a four - factor analysis, in which it will
review the following four factors: 1) The number or proportion of LEP persons
eligible to be served or likely to be encountered by the program or grantee; 2) the
frequency with which LEP persons come in contact with the program; 3) the nature
and importance of the program, activity, or service provided by the program to
people's lives; and 4) the resources available to the grantee / recipient and costs.
Based upon the results of the four - factor analysis the City will decide and implement
what language assistance should be provided and implement a plan. The four - factor
analysis will be performed as described in "Final Guidance to Federal Financial
Page 12
Assistance Recipients Regarding Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons; Notice ".
In order to ensure that LEP persons have meaningful access to the City's CDBG
program, the City will provide oral interpretation services as well as written translation
of vital documents into Spanish and Creole, because the City's LEP population exceeds
1000 persons. The oral interpretation services will be provided beainnina on the date
of execution of this Agreement, and continuing thereafter. The City will translate vital
documents into Spanish and Creole and will make them available, within 150 days of
the date of execution of this Agreement,.
Be2inninR on the date of execution of this Agreement and continuinia thereafter, the
City will require its subrecipients to develop and implement an LEP Plan, and will
monitor its subrecipients to ensure compliance. The City will provide training and
technical assistance to its subrecipients to ensure that they understand their obligation
to provide equal access and opportunities for persons with limited English proficiency.
This requirement will be added to all existing and future subrecipient agreements.
Copies of amended existing and new subrecipient agreements will be provided to HUD
on a quarterly basis during the period of this Agreement;
4. Affirmative Marketing
Within 90 days of the date of execution of this Agreement, the City will review all of
its marketing plans (for affordable housing and all CDBG programs) and will revise
them so that each marketing plan utilizes existing marketing strategies (which currently
use social media, mass mailing, radio, newspaper, email, and word of mouth referrals),
to reach groups being underserved by the existing plan. The City will ensure that: 1)
its marketing plans include materials in Spanish and Creole; 2) contact with churches,
synagogues, mosques, and other houses of worship are inclusive of the Hispanic and
Haitian communities; and 3) additional contacts with these communities will be
developed utilizing appropriate media, service organizations, and other community
resources. Revised marketing plans will also include materials that provide
information on how to request reasonable accommodations, and will list a TTY or
Florida Relay Service number. Within 90 days of the date of execution of this
Agreement, these revised marketing plans will be submitted to HUD for its review.
Additionally, beRinnina on the date of execution of this Agreement and continuinc
thereafter, the City will oversee the affirmative marketing conducted on its behalf by
its subrecipients and subgrantees, for its affordable housing program and all CDBG
programs and activities, to ensure that similar marketing plans and strategies are being
developed and implemented by these subrecipients and subgrantees. The City will
require its subrecipients and subgrantees to submit their respective marketing plans to
them not later than 90 days from the date of execution of this Agreement, and will
review the plans to ensure that they are consistent with the overall marketing plans of
the City.
Page 13
E. REASONABLE ACCOMMODATION POLICY
The City will develop a comprehensive reasonable accommodation policy which: 1)
addresses the process and procedure for persons seeking access to CDBG program
services and activities; and 2) specifies the procedure by City employees with
disabilities can request reasonable accommodations. The policy will discuss
procedures for obtaining a reasonable accommodation to the programs and activities
conducted by the City. The policy will provide specific examples of reasonable
accommodations, such as those listed in the definition of programmatic accessibility, in
Section II of this Agreement. The policy will specify a specific timeframe for review
and response to requests for reasonable accommodations. Forms for making requests
for reasonable accommodations will be developed, and will be available in alternative
format, including Braille. The policy will make clear that requests for reasonable
accommodations do not have to be put in writing and may be made orally, if the person
making the request is not able to complete the form due to their disability. The City
will review its application process for each of its programs and activities, and will
ensure that the process is accessible for persons with disabilities. The policy will
provide for sign language interpreters if needed. A copy of the revised policy will be
submitted to HUD within 120 days of the date of execution of the Agreement,.
2. Within 120 days of the date of execution of this Agreement, the City will review its
reasonable accommodation policy to ensure that it is incorporated into the affirmative
marketing strategy used by the City, to ensure that persons with disabilities are able to
access the City's CDBG programs. The City will also identify steps to be taken by the
City to ensure that its Citizen Participation Plan development process is made
accessible to persons with disabilities. The City will submit to HUD information
regarding what actions it has taken pursuant to this paragraph, within 120 days of the
date of execution of this Agreement.
F. SECTION 504 ACCESSIBILITY MODIFICATIONS
The City will review its CDBG programs and activities and to assess their physical
accessibility to persons with disabilities. Based on that review, it will develop a
transition plan to ensure that its programs and activities are accessible to persons with
disabilities. This transition plan will be submitted to HUD within ninetv (90) days of
the date of execution of this Agreement. It will include reference to the physical
modifications identified in this Agreement, below, as well as any other modifications
to City facilities identified by the City that are required to ensure program accessibility,
as required by 24 C.F.R. §§ 8.20 and 8.21. The required accessibility modifications
identified by HUD are detailed below.
2. The City agrees to undertake the modifications listed below, and agrees that all
modifications will be completed no later than three (3) vears after the date of execution
of this Agreement.
Page 14
3. No later than sixtv (60) days from the date of execution of this Agreement, the City
will review the modifications listed below and will submit to HUD a plan for
completion of the modifications ( "Modification Plan ") that identifies when each item
listed below is to be completed.
4. The City will commence the modifications no later than sixtv (60) days following
HUD's review and approval of the Modification Plan,.
The City will provide quarterly reports to HUD regarding the status of the ongoing
modifications, to be submitted thirtv (30) days followine the completion of each
quarter, until all work is completed. All work completed will be reviewed by the City
to ensure that it is fully compliant with the Uniform Federal Accessibility Standards
( "UFAS "). The City will ensure that all persons involved in designing and
constructing the modifications are familiar with Section 504, UFAS, and the ADA.
The noted deficiencies and associated modifications to be completed, by area, are as
follows:
West Wing
Entrance to facility
Finding: Routes from City Hall to the West Wing into the Community Improvement
Division (CID) and from the parking lot into the CID, have accessible
entrances that are not identified by the International Symbol of
Accessibility. See UFAS at 4.30.5.
Remedy: The City will install signage that complies with UFAS at 4.30.5 at these
entrances to indicate that they are accessible to persons with disabilities.
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Finding: The opening force of the two doors leading from City Hall into CID exceeds the
maximum force of 5 lbs. See UFAS at 4.13.11.
Remedy: The City will reduce the door opening force of these two doors to no more
than 5 lbs.
Communitv Improvement Office
Finding: Doors require tight grasping (turn handle). See UFAS at 4.13.9.
Remedy: The City will replace the existing CID door hardware with hardware that
does not require tight grasping or twisting of the wrist.
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Finding: Door opening force exceeds the maximum force of 5 lbs. See UFAS at 4.13.11.
Remedy: The City will reduce the door opening force of this door to no more than 5
lbs.
Page 15
Community Improvement Conference Room
Finding: Doors require tight grasping (turn handle). See UFAS at 4.13.9.
Remedy: The City will replace the existing CID conference room door hardware
with hardware that does not require tight grasping or twisting of the wrist.
Brenda Cornelius' Office
Finding: Cabinets, boxes and door stopper obstruct access to Ms. Cornelius' office. The
space where clients are helped, between her desk and the wall, is too narrow.
See UFAS at 4.3.3, UFAS at 4.4.1, and UFAS at 4.4.2.
Remedy: The City will relocate or remove objects along the accessible route to Ms.
Cornelius' office to ensure that: 1) the accessible route has adequate width; 2)
there are no protruding objects that reduce the required clear width of the
accessible route; and 3) adequate clear head room is provided.
Public Arts Exhibit and Front Counter (Currently unstaffed)
Finding: Public Arts waiting room area is too crowded with chairs that impede the free
access and maneuvering of wheelchair users. See UFAS at 4.2.3.
Remedy: The City will remove a sufficient number of chairs to ensure that adequate
space is provided to allow full access for wheelchair users.
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Finding: CID main counter - currently unstaffed - exceeds by 7 inches the allowed
height of 36 inches. See UFAS at 4.32.4.
Remedy: The City will lower the existing counter to within a range of 28 inches to 34
inches.
Communitv Development and Improvement Restrooms
Finding: Women's and men's bathrooms lack International Symbol of Accessibility. See
UFAS at 4.30.5.
Remedy: The City will install signage that complies with UFAS at 4.30.5 at these
bathroom entrances to indicate that they are accessible to persons with
disabilities.
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Finding: Women's and men's bathroom door opening force exceed by 7 lbs. the
maximum allowed force of 5 lbs. See UFAS at 4.13.11.
Remedy: The City will reduce the door opening force of these doors to no more than 5
lbs.
Finding: Men's floor -level urinal clear floor space of 28 1/2" x 38" does not meet the
required width and depth of 30" x 48 ". See UFAS at 4.18.3.
Page 16
Remedy: The City will provide the required clear floor space at this urinal.
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Finding: Men's urinal flush control exceeds by 3" the allowed height of 44 ". See UFAS
at 4.18.3.
Remedy: The City will install a urinal flush control no higher than 44" above the floor.
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Finding: Top of toilet seats, in both men's and women's bathrooms, exceed by 1/2" the
maximum allowed height of 19 ". See UFAS at 4.16.3.
Remedy: The City will install toilets in these bathrooms, with the tops of the toilet
seats between 17" and 19" above the floor.
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Finding: The centerline of water closet is not exactly 18" from the nearest side of the wall.
Women's centerline is 16 1/2" and men's centerline is 17 1/2" from the nearest
side of the wall. See UFAS at 4.16.3.
Remedy: The City will install water closets in these bathrooms that have centerlines
exactly 18" from the nearest side of the wall.
Finding: In both men's and women's bathrooms, the toilet paper dispensers are
placed at a distance that exceeds by 6" the allowed distance of 36" starting at
the edge farthest from the back wall. See UFAS at 4.16.6.
Remedy: The City will install toilet paper dispensers as illustrated in Figures 29(b)
and 30(d) of UFAS.
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Finding: Stalls in men's and women's bathrooms have widths narrower than 60 ".
Women's is 64" deep x 41" wide, and men's is 64" deep x 48" wide. For stalls
with floor- mounted water closets, toilet stalls must be at least 59" deep x 60"
wide. See UFAS at 4.17.3.
Remedy: The City will install accessible stalls in its men's and women's
bathrooms.
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Finding: The water fountain located across from the bathrooms has a spout that is 1"
higher than the allowed height of 36" above the floor. See UFAS at 4.15.2.
Remedy: The City will install an accessible water fountain with a spout height not
higher than 36" above the floor.
Citv Hall
Finding: There area total of 38 parking spaces for the entire complex (City Hall, West
Wing, and adjacent Police Department) and of those, five (5) are designated as
accessible parking spaces. The slope of two of the accessible parking
spaces - the nearest ones to City Hall's main entrance - exceed the
Page 17
maximum allowed slope of 2 %; the slope ranges from 3.7% to 5.9 %. See
UFAS at 4.6.3.
Remedy: The City will modify these 2 spaces to ensure that the spaces and adjacent
access aisles are level, with surface slopes not exceeding 1:50 in all
directions.
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Finding: The envelope box located outside in the parking lot, in front of CID's office,
exceeds the maximum high forward reach allowed (48 ") by P. See UFAS
at 4.2.5.
Remedy: The City will install an envelope box at this location that has a maximum
high forward reach of 48" or less.
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Finding: The door opening device in front of City Hall main entrance has faded paint.
See UFAS at 4.30.5.
Remedy: The door opening device in front of City Hall main entrance needs to be
repainted so that the international symbol of accessibility is visible.
Finding: The Upstairs Manager's conference room door requires tight grasping (turn
handle). See UFAS at 4.13.9.
Remedy: The City will replace the existing Upstairs Manager's conference room
door hardware with hardware that does not require tight grasping or
twisting of the wrist.
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Finding: Upstairs Manager's conference room door opening force exceeds by 10 lbs. the
maximum allowed force of 5 lbs. See UFAS at 4.13.11.
Remedy: The City will reduce the door opening force of this door to no more than 5 lbs.
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Finding: Human Resources' conference room door requires tight grasping (turn
handle). See UFAS at 4.13.9.
Remedy: The City will replace the existing Human Resources' conference room
door hardware with hardware that does not require tight grasping or
twisting of the wrist.
Finding: Receptionist's counter exceeds by 6" the maximum allowed height of 36 ". See
UFAS at 4.32.4.
Remedy: The City will lower the existing counter to within a range of 28 inches to 34
inches.
Page 18
Finding: Cashier's counter exceeds by 1" the maximum allowed height of 36 ". See
UFAS at 4.32.4.
Remedy: The City will lower the existing counter to within a range of 28 inches to 34
inches.
Finding: Women's and men's bathrooms doors opening force exceed -by 6 lbs. and by 8
lbs. respectively - the maximum allowed force of 5 lbs. See UFAS at 4.13.11.
Remedy: The City will reduce the door opening force of these doors to no more than 5
lbs.
Finding: The rim of the urinal is 4" higher than the allowed height of 17" above the floor.
See UFAS at 4.18.2.
Remedy: The City will install a urinal that has an elongated rim no higher than 17"
above the floor.
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Finding: Urinal clear floor space is 2" narrower than the required width of 30 ". It should
be 30" by 48" and it is 28" x 60 ". See UFAS at 4.18.3.
Remedy: The City will provide clear floor space at the urinal of at least 30" x 48 ".
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Finding: Urinal flush control exceeds by 3" the allowed height of 44" above the floor. See
UFAS at 4.18.4.
Remedy: The City will install a urinal flush control no higher than 44" above the floor.
Finding: Women's and men's lavatories clear knee space is 2" short of the required
27" at a point 8" back from the front edge of the lavatory. See UFAS at
4.19.4.
Remedy: The City will install lavatories in each bathroom with clear knee space of at
least 27" at a point 8" back from the front edge of the lavatory.
Finding: Men's and women's toilet seat centerlines are not exactly 18" from the closest
side of the wall. Both are 17 ". See UFAS at 4.16.3.
Remedy: The City will install water closets in these bathrooms that have centerlines
exactly 18" from the nearest side of the wall.
Finding: Women's stall door clear opening width is 30" and should be at least 32 ". See
UFAS at 4.13.5.
Remedy: The City will install a women's stall that has a clear opening width of at
least 32 ".
Page 19
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Finding: Men's stall door clear opening width is 30 1/2" and should be at least 32 ". See
UFAS at 4.13.5.
Remedy: The City will install a men's stall that has a clear opening width of at least
32 ".
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Finding: Men's and women's stalls should be at least 56" deep x 60" wide, and both are
66" deep x 36" wide. See UFAS at 4.17.3.
Remedy: The City will install men's and women's stalls that are at least 56" deep x 60"
wide.
Finding: Drinking fountain knee clearance is 2" shorter than the required 27 ". See UFAS
at 4.15.5.
Remedy: The City will install a drinking fountain with a clear knee space between
the bottom of the apron and the floor at least 27" high.
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Finding: Drinking water fountain spout is 2" higher than the maximum allowable height
of 36" above the floor. See UFAS at 4.15.2.
Remedy: The City will install an accessible water fountain with a spout height not
higher than 36" above the floor.
Citv Hall - Chambers
Finding: The inside ramp leading to the dais has a slope of 9% at the bottom and 8.7% at
the middle point. It should not exceed 8.33 %. See UFAS of 4.8.2.
Remedy: The City will install a ramp with a slope that does not exceed 1:12 (8.33 %) at
any point along the ramp.
Finding: The clear space between the handrail and the wall on the ramp leading to the
dais is 3" and it should be exactly 1 1/2 ". See UFAS at 4.8.5.
Remedy: The City will install a handrail with a clear space between the handrail and the
wall that is exactly 1 '/2 from the wall.
G. SECTION 109 / AFFIRMATIVELY FURTHERING FAIR HOUSING ( "AFFH ")
1. Within ninetv (90) days of the date of execution of this Agreement, the City will
establish a recordkeeping system for all AFFH actions and activities taken, and will
maintain this data in order to document its efforts to demonstrate its AFFH efforts.
Page 20
2. The City will ensure that AFFH files /records include: 1) a full history of the
Analysis of Impediments ("Al") development; 2) specific identification of the
impediments; 3) appropriate actions to overcome the effects of the impediments
(planned and taken); 4) efforts to increase / improve Citizen Participation and input; 5)
efforts to increase /improve participation and input from various community groups,
banks, businesses, etc; and 5) copies of the City's Fair Housing Laws /Ordinances.
3. Within 150 days of the date of execution of this Aereement, the City will revise its
current Al, and will submit a copy to HUD.
4. The revised Al will include a detailed discussion re: the research methodology used to
conduct the Al and actions taken to include citizen participation.
5. The revised Al will include detailed discussions of several other important areas to
effectively analyze the impediments to fair housing choice in the City, including
discussions of items such as: l) non - discriminatory lending practices and current
HMDA data; 2) population maps (including Areas of Minority Concentration -
AOMC); 3) information on and services to persons with disabilities, families with
children, and homeless persons; 4) results of FHIP Grants and Fair Housing Testing;
and 5) public policies, practices, and procedures involving housing and housing - related
activities.
6. The Al will include detailed discussions on the completed and proposed corrective actions
to address each impediment.
7. The Al will include the required attachment of the Al Summary Matrix specifically
identifying each impediment and the timeframe for completing the corrective actions for
each impediment. The Al will state whether these timeframes would be consistent with
the City's Consolidated Plan cycle.
8. The Al will discuss the process for monitoring the progress in carrying out each action
and evaluating its effectiveness, and will include identification of the individuals /
entity responsible for this monitoring process.
9. The Al will include an executed signature page to indicate that the document has been
reviewed and approved by the City Manager or his or her designee.
10. The City will ensure that CPD- related documents, including the Consolidated Plan,
Annual Plan, and CAPER, include discussions of the Al development, a summary of
impediments identified, and a description of actions (planned and taken) to overcome the
effects of impediments identified through the analysis.
11. The City will expand its outreach efforts to achieve citizen participation in the
development of its Consolidated Plan, including organizations representative of
various segments of the population, including minorities and persons with disabilities.
Page 21
H. SECTION 3
1. The City, within sixtv (60) days of the date of execution of this Alareement, will:
a. Identify a Section 3 coordinator;
b. Develop and maintain a registry of Section 3 residents;
c. Develop and maintain a registry of Section 3 businesses;
d. Maintain documentation that demonstrates that the City initiates Section 3
monitoring of all contractors;
e. Provide Section 3 training to City staff, residents, contractors, and
subcontractors about the requirements of Section 3;
f. Notify Section 3 residents about training and employment opportunities
generated by Section 3- covered assistance;
g. Notify Section 3 business concerns about contracting opportunities;
h. Incorporate the Section 3 clause and monitoring procedures in all
solicitations and contracts;
i. Document actions taken by the City to comply with Section 3
requirements, the results of these actions, and impediments encountered, if any; and
j. Require that neither the City nor its recipients enter into Agreements with
contractors that have violated the requirements of Section 3.
2. Within ninetv (90) days of the date of execution of this A¢reement. the City will
develop and forward to HUD for review and approval a written Section 3 Plan covering
Section 3 contracting, employment, and training opportunities which will:
a. Establish policies, procedures, and practices to ensure that projects fully or partially
funded with Section 3 covered financial assistance comply with regulatory
requirements at 24 CFR § 135;
b. Establish a mechanism to ensure to the maximum extent feasible that a minimum of
10% of the total dollar amount of all Section 3 covered contracts for building trades
work arising in connection with housing rehabilitation, housing construction, and
other public construction be awarded to Section 3 business concerns;
c. Establish a mechanism to ensure to the maximum extent feasible that at least 3% of
the total dollar amount of all other Section 3 covered contracts be awarded to
Section 3 business concerns;
Page 22
Require contractors to develop a Section 3 plan detailing how they will comply
with the requirements of Section 3. The plan should include but not be limited to
specific information about the contractor's current workforce, plans for hiring
additional employees, anticipated subcontracting needs, and strategies for
targeting Section 3 residents and business concerns for new economic opportunities;
e. Establish a process by which the City will certify Section 3 residents and business
concerns;
f. Maintain a separate list of certified Section 3 business concerns;
g. Provide a list of Section 3 businesses to all sub - recipients, developers and successful
bidders in an effort to facilitate the award of contracts and subcontracts to
Section 3 business concerns; and
h. Provide annual Section 3 training events for area contractors, subcontractors,
grantees, sub - recipients and residents.
V. REPORTING AND COMPLIANCE REOUIREMENTS
A. For the purpose of this Agreement, if the reporting day falls on a weekend or a Federal
holiday, the report will be due the first business day after the weekend or holiday.
B. For the purpose of this Agreement, the reporting materials must be sent via electronic
mail to the following:
Mr. Carlos Osegueda, Director, Region IV
Office of Fair Housing and Equal Opportunity
40 Marietta Street - 16` Floor
Atlanta, Georgia 30303 -2806
Carlos.Ose
Ms. Maria Ortiz, Director
Office of Community Planning and Development
U. S. Department of Housing and Urban Development
909 SE First Avenue - Suite 500
Miami, Florida 33131 -3028
Maria. R.Ort iz(d,$ud.gov
Page 23
For the purpose of this Agreement, the reporting materials must be mailed, and sent via
electronic mail, to the following:
Ms. Candace M. Tapscott, Director - Miami Program Center
Office of Fair Housing and Equal Opportunity
Brickell Plaza Federal Building
909 SE First Avenue — Suite 500
Miami, Florida 33131 -3028
C andace.M. "hapscott uhud.�l-ov.
C. Upon the effective date of this Agreement, the Citv shall:
Make reasonable accommodations to persons with disabilities in the delivery of
its programs and services, until all of the physical modifications listed in
Section IV. H. have been completed and the City offices and facilities are fully
accessible to individuals with disabilities. This will ensure that persons with
disabilities have an equal opportunity to participate in the programs, services
and activities conducted by the City;
Ensure that all of its Public Hearing advertisements for Public Hearings related,
to HUD - funded activities placed on the date of execution of this Agreement or,
later 1) identify the procedures for requesting reasonable accommodations; 2)
specify that documents listed in the advertisement can be requested in alternate
format for persons with disabilities; 3) state that auxiliary aids or services will
be provided upon request (with adequate notice); and 4) provide as contact
numbers both a telephone number and a TTY or Florida Relay Service number,
as referenced in Paragraph IV(D)(2);
Provide oral interpretation services for persons with limited English
proficiency, as referenced in Paragraph IV(D)(3);
Require its subrecipients to develop and implement an LEP Plan, and will
monitor its subrecipients to ensure compliance, and will provide training and
technical assistance to its subrecipients, as referenced in Paragraph IV(D)(3).
This requirement will be added to all existing and future subrecipient
agreements. Copies of amended existing and new subrecipient agreements will
be provided to HUD on a quarterly basis during the period of this Agreement;
and
Oversee the affirmative marketing conducted on its behalf by its subrecipients
and subgrantees, for its affordable housing program and all CDBG programs
and activities, to ensure that similar marketing plans and strategies are being
developed and implemented by these subrecipients and subgrantees, as
referenced in Paragraph IV(D)(4).
Page 24
D. Within thirtv (30) days of the effective date of this Agreement, the ON shall:
Appoint an Acting VCA Administrator, as referenced in Paragraph IV(A)(1).
E. Within sixtv (60) days of the effective date of this Aereement, the Citv shall:
• Appoint a VCA Administrator and send HUD a copy of the VCA
Administrator's resume and /or curriculum vitae, as referenced in Paragraphs
IV(A)(2) and IV(A)(3);
• Identify its Section 504 / ADA Coordinator, as referenced in Paragraph
IV(B)(1);
• Provide to HUD for its review and approval a draft letter for distribution to City
staff which identifies the Section 504 / ADA Coordinator, as referenced in
Paragraph IV(C)(1);
• Take the all of the actions listed below, as referenced in Paragraph IV(H)(1):
a. Identify a Section 3 coordinator;
b. Maintain a registry of Section 3 residents;
c. Maintain a registry of Section 3 businesses;
d. Maintain documentation that demonstrates that the City initiates
Section 3 monitoring of all contractors;
e. Provide Section 3 training to City staff, residents, contractors, and
subcontractors about the requirements of Section 3;
f. Notify Section 3 residents about training and employment
opportunities generated by Section 3- covered assistance;
g. Notify Section 3 business concerns about contracting opportunities;
h. Incorporate the Section 3 clause and monitoring procedures in all
solicitations and contracts;
i. Document actions taken by the City to comply with Section 3
requirements, the results of these actions, and impediments
encountered, if any; and
j. Require that neither the City nor its recipients enter into Agreements
with contractors that have violated the requirements of Section 3;
and
Review the modifications listed in Section IV(F), and will submit to HUD a
plan for completion of the modifications ( "Modification Plan ") that identifies
when each item listed is to be completed. The City will commence the
modifications no later than 60 days following HUD's review and approval of
the Modification Plan.
Page 25
F. Within ninetv (90) days of the effective date of this AL3reement. the Citv shall:
• Review all of its marketing plans (for affordable housing and all CDBG
programs) and will revise them so that each marketing plan utilizes existing
marketing strategies (which currently use social media, mass mailing, radio,
newspaper, email, and word of mouth referrals), to reach groups being
underserved by the existing plan, as referenced in Paragraph IV(D)(4);
• Develop and implement training sessions for its staff and subrecipients
regarding the requirements of all applicable civil rights laws, as referenced in
Paragraph IV(D)(1);
• Submit to HUD all of its revised marketing plans, as referenced in Paragraph
IV(D)(4);
• Provide a proposed plan for obtaining and maintaining racial and ethnic data to
HUD, as referenced in Paragraph IV(D)(1);
• Develop and implement a tool for data collection for applicants rejected as well as
applicants accepted for funding by the City, as referenced in Paragraph
IV(D)(1);
• Develop and implement a Standard Operating Procedure for monitoring its
subrecipients' compliance with Title VI, Section 504, and Section 109, as
referenced in Paragraph IV(D)(1);
• Require its subrecipients and subgrantees to submit their respective marketing
plans to them, and will review the plans to ensure that they are consistent with
the overall marketing plans of the City, as referenced in Paragraph IV(D)(4);
• The City will review its CDBG programs and activities and to assess their
physical accessibility to persons with disabilities. Based on that review, it will
develop a transition plan to ensure that its programs and activities are accessible
to persons with disabilities. This transition plan will be submitted to HUD
within 90 days of the date of execution of this Agreement. as referenced in
Paragraph IV(F)(1);
• Establish a recordkeeping system for all AFFH actions and activities taken, and
will maintain this data in order to document its efforts to demonstrate its AFFH
efforts, as referenced in Paragraph IV (G)(1); and
• Take the all of the actions listed below, as referenced in Paragraph IV(H)(2):
The City will develop and forward to HUD for review and approval a written
Section 3 Plan covering Section 3 contracting, employment, and training
opportunities which will:
Page 26
a. Establish policies, procedures, and practices to ensure that projects
fully or partially funded with Section 3 covered financial assistance
comply with regulatory requirements at 24 CFR § 135;
b. Establish a mechanism to ensure to the maximum extent feasible that
a minimum of 10% of the total dollar amount of all Section 3
covered contracts for building trades work arising in connection with
housing rehabilitation, housing construction, and other public
construction be awarded to Section 3 business concerns;
c. Establish a mechanism to ensure to the maximum extent feasible that
at least 3% of the total dollar amount of all other Section 3 covered
contracts be awarded to Section 3 business concerns;
d. Require contractors to develop a Section 3 plan detailing how they
will comply with the requirements of Section 3. The plan should
include but not be limited to specific information about the
contractor's current workforce, plans for hiring additional
employees, anticipated subcontracting needs, and strategies for
targeting Section 3 residents and business concerns for new
economic opportunities;
e. Establish a process by which the City will certify Section 3 residents and
business concerns;
f. Maintain a separate list of certified Section 3 business concerns;
g. Provide a list of Section 3 businesses to all sub - recipients, developers
and successful bidders in an effort to facilitate the award of
contracts and subcontracts to Section 3 business concerns; and
h. Provide annual Section 3 training events for area contractors,
subcontractors, grantees, sub - recipients and residents.
G. Within one - hundred twenty (120) days of the effective date of this Agreement, or as
otherwise specified below. the City shall:
Develop and submit to HUD for review a Limited English Proficiency ( "LEP ")
Plan, based on a four - factor analysis, as referenced in Paragraph IV(D)(3);
Develop a comprehensive reasonable accommodation policy which: 1)
addresses the process and procedure for persons seeking access to CDBG
program services and activities; and 2) specifies the procedure by City
employees with disabilities can request reasonable accommodations, a copy of
which will be submitted to HUD, as referenced in Paragraphs IV(E)(1); and
Review its reasonable accommodation policy to ensure that it is incorporated
into the affirmative marketing strategy used by the City, to ensure that persons
with disabilities are able to access the City's CDBG programs. The City will
also identify steps to be taken by the City to ensure that its Citizen Participation
Plan development process is made accessible to persons with disabilities. The
City will submit to HUD information regarding what actions it has taken
pursuant to Paragraph IV(E)(2).
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H. Within one - hundred fifty (150) days of the effective date of this Agreement, or as,
otherwise specified below, the City shall,:
Provide civil rights training to all current CID employees, as referenced in
Paragraph IV(D)(1);
Translate vital documents into Spanish and Creole and will make them
available, as referenced in Paragraph IV(D)(3); and
Revise its current Al, and will submit a copy to HUD, as referenced in
Paragraph IV(G)(3).
I. Within one - hundred eighty (180) days of the effective date of this Agreement. or as
otherwise specified below, the Citv shall:
Provide civil rights training to all subrecipients, as referenced in Paragraph
IV(D)(1).
J. Within three (3) years of the effective date of this Agreement:
The City will complete all modifications listed in Section IV(F) of this
Agreement.
K. Ouarterly Reports
For purposes of this Agreement, each Quarterly Report will cover the time period of the
quarter ending on the last day of the month before the end of the quarter. For example, if
the Quarterly Report is due on July 31, 2012, the Quarterly Report will cover the period
from April 1, 2012 through June 30, 2012.
Beginning July 31, 2012, and at quarterly intervals for the duration of the Agreement
(i.e. October 31, 2012, January 31. 2013, April 30, 2013, etc.. the City shall:
• Provide Quarterly Reports to HUD. The Quarterly Reports will provide the
following information:
• Progress reports on training of employees and subrecipients, as referenced in
Paragraph IV(D)(1);
• Information regarding what actions it has taken pursuant to Paragraph IV(E)(2)
(one time submission);
• Progress reports on training of employees and subrecipients, as referenced in
Paragraph IV(D)(1);
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Copies of amended existing and new subrecipient agreements showing that
subrecipients are developing and implementing LEP Plans, as referenced in
IV(D)(3); and
The status of the ongoing modifications, to be submitted 30 days following the
completion of each auarter, until all work is completed. as referenced in
Paragraph IV(H)(4);
VI. RECORDKEEPING REQUIREMENTS
A. During the term of this Agreement, the City shall maintain records regarding its CDBG
programs, including those specified in this Agreement, as well as those required under
Federal law and by HUD program regulations;
B. During the term of this Agreement, the City shall maintain all files, including applications
for CDBG programs, requests for reasonable accommodations, and notices of termination,
along with any and all material relating to the City's implementation of the Section 504,
ADA, Title VI, Section 109, Section 3, and Affirmatively Furthering Fair Housing
requirements of this Agreement.
C. During the term of this Agreement, the City shall maintain files containing documentation
of its efforts to provide reasonable accommodations to persons with disabilities who wish
to participate in the CDBG programs administered by the City or its subrecipients. The
City will also maintain files documenting all reasonable accommodation requests of City
employees, including the nature of the request, the date of the request, whether or not the
request was granted, and if the request was denied, the reason for the denial.
D. During the term of this Agreement, the City will maintain all documentation related to its
efforts to make the accessibility modifications identified in this Agreement.
E. During the term of this Agreement, the City shall maintain copies of all claims,
investigative records, and requests for reasonable accommodations and its review materials
and documents related to those requests, including grievance process materials.
F. Beginning one (1) year after the effective date of this Agreement, the City shall provide an
annual report on the disposition of the above claims, requests and grievances. Upon
request, also will make these records available for inspection to appropriate Department
employees.
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VII. IMPLEMENTATION, MONITORING. AND ENFORCEMENT
A. HUD will monitor the City's implementation of this Agreement. At its discretion, HUD
may convene meetings with the City Manager, VCA Administrator, and /or other
appropriate personnel, with notice to the City Manager, to discuss progress with
implementing the terms of this Agreement, propose modifications, or conduct other
business with respect to this Agreement.
B. In the event that the City fails to comply in a timely fashion with any requirement of this
Agreement without obtaining advance written agreement from HUD, the Department may
enforce the terms of this Agreement by any contractual, statutory or regulatory remedy
available to HUD.
VIII. EFFECT OF NON - COMPLIANCE WITH THIS AGREEMENT
A. Any act(s) or omission(s) by the City or its representatives, including its employees,
which violate the terms of this Agreement may serve as grounds for HUD to impose
debarment, suspension or limited denial of participation sanctions pursuant to 2 CFR 2424.
HUD will provide the City with notice and a reasonable opportunity to cure any violations
of the terms of this Agreement before employing the procedures and remedies contained in
this section of the Agreement.
B. Any act(s) or omission(s) that violate(s) the terms of this Agreement may serve as
grounds for HUD to seek specific performance and /or enforce any or all of the
provisions of this Agreement in federal court.
C. A continuing failure or refusal by the City to comply with Section 3 implementing
regulations at 24 CFR Part 135 may result in the application of sanctions specified in
the contract through which HUD assistance is provided, or the application of sanctions
specified in the regulations governing the HUD program under which HUD financial
assistance is provided.
D. If after the expiration of the Agreement, the City has met all of the terms of this
Agreement, but has still failed to meet the "safe harbor" numerical requirements,
HUD will, at its discretion, evaluate the City's compliance with Section 3 in accordance
with 24 CFR Section 135.30(d)(2).
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ATTEST:
et Prainito, City Clerk
1 1111 i5l'[ 1 11
M/71
Woodrow Hay, Nfayor
city
Page 31
FOR THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT:
Candace Tapscott, Director, Miami FHEO Center, Date
Office of Fair Housing and Equal Opportunity
Carlos Osegueda, Region IV Director, Office of Date
Fair Housing and Equal Opportunity
Maria Ortiz, Director, Office of Community Date
Planning and Development, Miami Field Office
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