HomeMy WebLinkAboutR-95-14 RESOLUTION NO. ~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY~ FLORIDA, ADOPTING VARIOUS
POLICIES AND PLANS IN COMPLIANCE WITH THE CITY
OF SEBASTIAN ~ S . CONMUNiTY DEVELOPMENT BLOCK
GRANT PROGRAH AND LISTED HEREIN AS AFFIRMATIVE
ACTION POLIC~ (EXHIBIT "A"); POLICY FOR NON-
FIOLENT CIVIL RIGHTS DEMONSTRATIONS (EXHIBIT
"B"); ANTIDISPLACEMENT AND RELOCATION PLAN
(EXHIBIT "C"); PROCUREMENT POLICIES AND
PROCEDURES (EXHIBIT "D"); ACQUISITION PLAN FOR
PROGRAMS AND PRO~ECTS (EXHIBIT "E"); AND
SECTION $ 04 COMPLIANCE POLICY (EXHIBIT
"F");PROVIDING FOR REPEAL OF RESOLUTIONS OR
PA~TS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Conu~unity Development· Block Grant progra:
requires adoption of .certain policies and plans; and
WHEREAS, ..the City Council of the City of Sebastian is desirou.
of complying with the requirements of the Community Developmen'
Block Grant program; and'
WHEREAS, in compliance with the appropriate rules an,
regulations of the Community Development Block Grant requirements
the proposed policies require formal adoption.
NOW, TI~EREFORE, be it resolved by the Cit~ Cott~cll o:
Sebastian, Florida, as follows:
'SECTION 1. .FORMAL ADOPTION OF POLICIES' AND PLANS. The cit[
Council of the City of Sebastian, in compliance with the City. o:
Sebastian Community Development Block Grant applioati'on, hereb]
formally adopts the plans and policies outlined within thi~
document and attached hereto as follows: Affirmative Action Polic'.
(EXHIBIT "A"); ~olicy for Non-violent Civil Rights Demonstration~
(EXHIBIT "B"); Anti-Displacement and Relocation Plan (EXHIBIT "C")
Procurement Policies and Procedures (EXHIBIT "D");' Acquisition Plan
for Programs and Projects (EXHIBIT "E"); and Section 504 Compliance
Policy (EXHIBIT "F").'
SECTION Z. CONFLICT. Ail Resolutions or ~arts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 3. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
he foregoing Resolution was moved for adoption by
Councllmember ~ ~;~ . The motion was 'seconded by
_
Councllmember ~ and, upon being 9ut to a vote', the
vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Louise Cartwright
Councilmember Norma Damp
Councilmember Raymond HallOran
The Mayor thereupon declared this Resolution duly passed and
adopted this ~~.day of
~athryn~Mi 0 ~allorah, CMC/AAE
City Clerk
~""~ , 1995.
Arthur L. F'irtion
Mayor
Approved as to Form and Content:
Clifford A. McClelland, Jr.
City Attorney
EXHIBIT "A"
CITY OF ,SEBASTIAN
SECTION 3 AND AFFIRHATIVE ACTION POLICY
'Th~ City of Sebastian is committed to eliminating
dis~rim:i.~ation based upon race, color, religion, sex, national
or-igin, .age, familial status or handicap. This local government
will'compiy, with the requirements of all applicable state and
federal .equal opportunity .laws,. regulation's and executive orders.
in federa,-t or state funded projects this may include: Florida
smatl..:~an~.' Minority Business Act, Title VI of the federal Civil
Rights..'.Aot of 19'64, es amended, Title VIII of the federal Civil
R. ightS:'Act of 1968, as amended, Executive Order 1255.9, the
federal Age Discrimination Act of 1975, Section 109 of the
Housin. g and Community Development Act of 1974, as amended,
~Executive Order 11063, Executive Order 11246, Executive Order
il.375 ..and 12'086, Section 3 of the Housing and Community
'Development Action of 1968, and others.
'-' Notice of the p61icy will be placed in plain sight on job
locat'ion .for the benefit of interested parties .and all
contra=tots and sub-contractors so notified.. All Equal'
· Opporttmity Posters will be displayed as' required.
~'TmOlementatlon
The Director of Human Resources is appointed as Equal
oppor, tuni.ty..Officer. -Duties-include-.coordinating local efforts
'~n recruiting employees and soliciting bids, resolving
complaints, and submitting required reports.
This 1coat government will encourage the employment of local
residents and those who are female and/or cfa minority
racial/ethnic classification. This will be accomplished through
.'the foi.~owing procedures.
1) Current employees will be encouraged to improve their job
ski.lis and qualification through training and education.
Such improvements are to be considered for employee
promotion.
.Alt employment opportunities will be publicly advertised,
in=luding the equal opportunity employer designation. This
· is to provide an adequate opportunity for qualified
'individuals to apply for employment and to assure an
adequate pool of qualified applicants (including minorities)
'from which to hire.
4)
Whem appropriate, noti.fication of employment opportunities
.Will be issued to organizations such as local schools,
employment services, minority organizations, and social
service agencies who may refer qualified individuals for
employment consideration.
Recruitment practices, including those described i~
paragraphs 2 and 3, will be conducted in an effort to
in=lude qualifi~ed minorities, and females in all levels of
responsibility and departments of .government., in percentage
in the population and/or available workforce.
When applicants are equally qualified, preference will' be
given to hiring minorities and females in furtherance of the
goal expressed in. paragraph 4.
Establishment of Ouantifiable Goals
The City of Sebastian will utilize the most recent available
'census data as the basis of establishing a goal for minority
employment. Currently -the 1990 census lists a community minority
· percentage of 4.08.
statistically it may be difficult for the local government
.·wOrk force to totally mirror the census percentage due to unique
or specific needs, sample size differences, and other similar
contributing factors.
However, the City of Sebastian is committed to establishment
of specific goals and , further, to make. a sincere attempt to
attain those goals within the bounds of local government control.
goals for minority employment are hereby established as follows
and are based on the number of full-time personnel in the local
government's work force:
Less than thirty (.30) employees
±2% of the census
percentage
More than thirty (30) employees
±1% of the census
percentage
If a stated goal has been attained and one employee leaves
the City of Sebastian's employ either voluntarily or
involuntarily, the City of Sebastian is not obligated to select
another candidate of the same minority/majority status if that
candidate is not the most qualified. In such an event, the
stated goals would automatically be waived in the best interest
of the City of Sebastian and the effort to attain goals would be
renewed 'with the next available vacancy.
.:.-Goals and procedures established herein may be waived or
amended by official vote of the full city Council with results
duly recorded in'the City Council Meeting minutes.
Procurement of Goods and Servic~
This.'.local government will encourage the utilization of local,
minorit~- and female-owned, and small businesses. This will be
a'ccompI'ished through the following procedures.
l)
Quotes for small purchases will be solicited from local
businesses, when the required goods and/or services can be
obtained economically from local sources.
Lists of local minority and female-owned businesses will be
maintained for use' in soliciting quotes and bids. State or
other direct.orles of minority and female-owned businesses
wil~ be utilized in seeking bids when local competition is
inadequate.
3)
Requests for bids and proposals for services or goods will
· be .advertised locally, although it may .also be necessary to
advertise some projects over a broader geographic area in
or,er to obtain adequate competition.
4) Where applicable, federal equal opportunity affirmative
action language will be included in contracts and requests
for bids.
Contractors will be informed of equal opportunity
affirmative action obligation requirements to insure their
compliance.
Ado~ged ?'.in regular session of the City Council
Attest
Mayor
clerk
EXHIBIT "B"
CITY OF SEBASTIAN
POLICY
FOR
NON-VIOLENT CIVIL RIGHTS
DEMONSTRATIONS
EXCESSIVE FORCE POLICY
Acceptance of federal monies in the form of Commudty Development Block Grant (CDBG) funds
requires the City of Sebastian's certification that it has adopted and is enforcing a policy which:
Prohibits the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaging in non-violent civil rights demonstrations; and
Enforces applicable Sate and local laws against physically barfing entxm~,,e to or ex. it ~rom a
Pacih'~y or location which is the subject of such non-violent civil fights demonstrations withi~
its jm:isdicfion.
This requirement is based on Section 516 of Public Law 101-140 more specificany known as "The
1990 HUD Appropriation Act" and h~ known as "The Act" which mandates that each local
unit of govm'nnmnt receiving CDBG funds must comply with certain provisions of "The Act",
among, those provim'ons being thos~ aforestated in the above paragraph.
The City of Sebastian is fully committed to protecting the safety, wdfare and civil rights'of all
residents of the jurisdiction and wishes to comply with the terms and conditions of "The Act" as
required by the assurances of its CDBG Award Agreement.
Local hw ~nforcement personnel shall abide by this policy and ensure the enfo~ement of State and
local laws with regard to non-violent civil rights demonstrations. Th~ use of. excessive force against
individuals engaged in these demonstrations is prob/bit~l. Agencies task~ with law enforcement
functions shall ensure that all personnel, regulax or auxiliary, full-time or part-time, ale made awal~
of this commitment.
,Additionally, law enforcement agencies shall ensure that pre-planning occurs in conjunction with any
scheduled or predicted civil rights demonstration so that the prevention of the use of excessive force
is ensured in maint2/ning the non-violet nature o£ such demonstrations. Included in this pre-
pl~nnlug will be methodology to enforce appl/cable Stare and local hws against physical barrier of
entrances or exits from such demonstrations.
This poIicy shall be inehded as an integral portion of all applicable hw enforcement operations
manuals/handbooks and will be included in training and courses ,of instruction for hw enforcement
EXCESSIVE i~ORCB POLICY
Page 2
Any d~,iation fi'om or violation of this policy shall be reported in writing and shall result in ffu~
immediate suspension ,of the offending officer(s) until a review of the ckcumstancea has been
conducted and the necessity for such deviation/violation has either b~n dcaied or upheld..
~ozr~ o~ ~,~~ . ls,~ n,T n~t~x~ szssxo~ o~ T~'cn~ COUSC~.
/
A~T:
SIGNAl, CiTY CLBRK
SIGNAT[YRE, MAYOR
EXHIBIT "e"
CDBG
ANTIDISPLACEKENT
AND
RELOCATION PLAN
FOR
CITY OF SEBASTIAN
TABLE OF CONT~TS
Displacement Avoidance Policy
Definitions
A. Standard 'Condition
B. Substandard Condition Suitable
for Rehabilitation
Displacement Policy and Procedures
III.
Permanent, Involuntary Displacement
A. Provisions for One-on-One Replacement
B. Provisions for Relocat£on Assistant
for Residential Displacement
C. Provisions forNon-Residential
Relocation
iV.
Temporary, Voluntary Displacement and
Relocation
Permanent, voluntary Displacement and
Relocation
Tenant Assistance Policy/Rental
Rehabilitation
VII.
Displacement of Homowners
VIii.
Appeals/Counseling
1
2
3
4
4
5
6
7
10
11
13
1
CDBG ANTIDI~PL~CEMENT ~ RELOCATION PLaN
I. Displacement Avoidance Policy
The local government is committed to a policy to make all
reasonable efforts to ensure that activities ~ndertaken through the
use of Community Development Block Grant (CDBG) funds will not
cause unnecessary displacement or relocation. The CDBG pro ,~ram
will be administered in such a manner that careful consideration is
given during the planning phase with regard to avoiding
displacement. The local government will also provide information
to and keep citizens involved in the process regarding pending
zoning and rezoning actions that threaten the preservation of
residential areas. InVoluntary displacement shall be reserved as
a last resort action necessitated only when no 'other alternative is
available and when the activity is determined necessary in order to
carry out a specific goal or objective that is of benefit to the
public. In this case, community development and housing programs
will be pl.anned in a manner which avoids displacement of households
or businesses. However, voluntary temporary or permanent
displacement may be necessary in order to achieve a benefit to a
household or business (such as rehabilitation or replacement of the
building). Such benefits shall be identified and requested by the
displacee. Voluntary displacement may also' occur when a property
owner voluntarily offers his home or business property for sale to
the local government. In these cases, the seller may be required
to waive rights as a condition of sale of the property, and the
Uniform Relocation Act provisions will govern actions' of ~he local
government and/or its representative. 24 'CFR Part 5?0 is a
governing document on displacement and is incorporated b~
reference. 49 CFR Part 24 provides Uniform Relocation Act
information and is incorporated by reference.
II.
Definitions of "Stander4" an4 "Non-Standar~. Suitable for
Rehabilitation" Dwelling Unit Condition
In the absence of federal and state provided definitions, the
following is provided to establisha frame of reference and context
when dealing with matters of displacement and/or relocation as
defined in 24 CFR Part 5?0 and 49 CFR Part 24.
A. S.tandard Condition
A dwelling unit is considered standard if it has no major
defects or only slight defects which are correctable through
the course of regular maintenance. It must be in total
compliance with applicable local housing and occupancy codes;
be Structurally sound, watertight and in good repair; be
adequate in size with respect to number of rooms and area of
living space and contain the following:
1. A safe electrical wiring system adequate for
lighting and other normal electrical devices,
3
2. A heating system capable of sustaining a healthful
temperature (consistent with normal, year round,climatic
conditions),
3. A separate, well-lighted and ventilated bathroom
that provides user privacy and contains a sink, commode,
and bathtub or shower stall,
4. .An appropriate, sanitary and approved source of hot
and cold.potable.water,
5. An appropriate, sanitary and approved sewage
drainage system,
6. A fully Usable sink in the kitchen,
7. Adequate space and service connections for a
refrigerator,
8. An unobstructed egress to a safe, open area at
ground level, and
9. Be free of any harriers which would preclude ingress
or egress if the occupant is handicapped.
Failure to meet any of these criteria automatically
causes a dwelling to not be considered "standard."
B. Substandard Condition Suitable for Rehabilitation
A dwelling unit is considered substandard if it does not
fully comply with the standard criteria, or has minor-defects
which require' a certain amount of correction but can still
provide safe and adequate shelter or has major defects
requiring a great deal of correction and will be safe and
adequate once repairs are made.
To be suitable for rehabilitation., a trained housing
specialist must carefully inspect the dwelling and prepare a
work write-up of repairs necessary to bring it up to standard
4
condition. A cost estimate of repairs will be prepared based
on the needs identified in the work write-up. If these costs
are equal to or less than 65% of the value of a comparable
replacement unit as obtained from more than one licensed
contractor, the dwelling will be considered suitable for
rehabilitation, if the predicted cost exceeds 65%, the unit
will be deemed unsuitable.
This criteria is arbitrary, however, and the local
governing body may authorize deviations based on the unique
aspects of each dwelling, owner, tenant, etc. on a case by
case basis. Each deviation so approved must .be thoroughiy
documented.
Displacement Policy and Procedures
III. Permanent, Involuntaz~ Displacement
The local government will provide reasonable relocation
assistance tO persons (families, individuals, businesses, nonprofit
organizations, or farms) displaced (moved ~ .and
involuntarily) as a result of the use of CDBG assistance to acquire
or substantially rehabilitate property. Assistance to displaced
persons may include:
a. Payment for actual moving and relocation expenses
documented by receipts and/or vouchers from service providers
and utility companies. The documents shall be submitted prior
to the disbursement of payment;
5
b. Advisory services necessary to help in relocating;
c. Financial assistance sufficient to enable the displaced
person to lease and occupy a suitable, decent, safe and
sanitary replacement dwelling where the cost of rent and
utilities does not exceed 30 percent of the household gross
income of a family earning 80 percent of the median income for
the jurisdiction.
Ae
Provisions for One-for-One Replacement
The local government will replace all occupied and vacant
occupiable iow/moderate-income dwelling units demolished or
converted to a use other than as low/moderate-income housing
as a direct result of activities assisted with funds provided
under the Housing and Community Development Act of 1974, as
amended, and as described in 24 CFR Part 570. Replacement
low/moderate-income units may include public housing or
existing housing receiving Section 8 project based-assistance.
All replacement housing will be provided within three
years of the commencement of the demolition or rehabilitation
relating' to conversion and will meet the following
requirements.
1. The units will be located within the local
jurisdiction.
2. The units will meet all applicable local housing,
building, and zoning ordinances and will be in standard,
or better, condition.
3. The units will be designed to remain iow/moderate-
income dwelling units for at least 10 years from the date
of initial occupancy (applies to initial tenant only).
4. The units will be sufficient in size and number
(functionally equivalent) to house at least the number of
occupants who could have been housed in the units that
are demolished or converted.
6
Before obligating or expending CDBG funds that will
directly result in such demolition or conversion, the local
government will make public and submit to the Florida
Department of Community Affairs the following information in
writing:
1. A description of the proposed assisted activity;
2. The general location on an area map including
approximate number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use
other than low/moderate income dwelling units;
3. A time Schedule for commencement and completion of
the demolition or conversion;
4. The general location on a service area map and
approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement units;
5. Identification of the source of funding at the time
of submittal and the time frame, location and source for
the replacement dwelling unit.
6. The basis for concluding that each replacement
dwelling unit will be designed to remain .a iow/moderate-
income dwelling unit for at least 10 years from the date
of initial occupancy.
7. Information demonstrating that any proposed
replacement of a unit with a smaller unit is consistent
with the housing needs of LMI persons in the
jurisdiction.
B. provisions for Relocatlon Assistance for Residential
Displacement
The local government .will provide relocation assistance,
as described in 24 CFR Part 570, to each low/moderate-income
household involuntarily displaced by the demolition of housing
or by the conversion of a iow/moderate-income dwelling to
another use as a direct result of CDBG-assisted activities.
Persons that are relocated are entitled to:
1. A choice between actual reasonable moving expenses
or a fixed expense and dislocation allowance,
Advisory services,
3. ReimburSement for reasonable and necessary security
deposits and credit checks,
4. Interim living costs; and
5, Replacement housing assistance which may include a
section 8 housing voucher/certificate and referral to
assisted units; cash rental assistance to reduce the rent
and utility cost or lump sum payment, equal tothe present
value of rental assistance installments to be used toward
purchasing an interest in a housing cooperative or mutual
housing association for a period up to 6'0 months (5
years).
C. Provisions for Non,Residential RelOcatiOn
Businesses, non-profit organizations, farms, etc., shall
not be relocated unless the move is voluntary, essential to
the project from the public view, and the owner waives his/her
rights under the Uniform Act except for the following
relocation assistance:
1. Actual moving and reasonable 'reestablishment
expenses not less than $1,000 nor more than $20,000 equal
to a prorata share for the period of interruption of
operations of the average annual net earnings. Average
annual net earnings are one half of the entity's net
earnings before taxes during the two taxable years
immediately prior to the taxable year it was displaced.
2. No other benefits will be provided and a signed
waiver acknowledging this fact will be required.
8
~V. Temporary, Voluntar~ Displacement an~ 2elCca~ion
A. Persons occupying housing which is to be rehabilitated
using CDBG funds must voluntarily agree to inclusion in the
program and shall vacate the housing at the direction of the
local government (or its CDBG Administrator), in order to
facilitate the safe, timely and economical rehabilitation
process.
B. A moving allowance of $300 will be.provided each fam$1y
unit so displaced,. This allowance will be provided in two
payments of $150 each on move out and move back in.
C. The local government may provide a safe, decent and
sanitary housingunit for use as temporary relocation housing.
The unit shall be available free of charge to temporarily
displaced households .for the time period authorized by the
CDBG Administrator, generally for the period of rehabilitation
construction. Households who occupy the unit shall have a $75
refundable deposit withheld from their initial moving
allowance payment. This deposit shall be refunded in full
immediately after the relocation unit is vacated in a clean
and undamaged condition. The deposit refund shall he denied
in full or in part for payment of damages to the owner/lessee
due to the occupants' (a) failure to properly clean or
maintain the unit, (b) physical damage to the unit, (c) loss
9
of keys to the unit, or (d) need for any special condition
such as fumigation. A $25 per day penalty may also be
assessed for the household's failure to properly vacate the
relocation unit when directed to do so by the CDBG
Administrator.
D. A storage allowance of up to $150 will be provided each
family unit displaced if storage is necessary and essential to
the move.
E. Insurance cost of up to $100 for the replacement value .of
the household property in connection with the 'mowe will be
provided each family unit displaced if storage is necessary.
and essential to the move.
v. Permanent, voluntary Displacement and Relocation
If it is determined by the.local government that occupants of
a dwelling should be permanently relocated, and the occupants
voluntarily consent, the government will assist in the relocation
to a decent, safe and sanitary dwelling unit. Benefits, if
provided, will be limited to increases in monthly housing costs
incurred by the occupant in an amount equal to the lesser, of 60
times the increase or 30 percent of the person's annual income. 24
CFR Part 570 must be consulted to determine specific limitations.
10
VI. Tenant Assistance Poli=~/Rent&l Rehabilitation
A. It is not the local, government's policy to displace
families in rental units. Participating landlords will be
required to warrant that the proposed rehabilitation will not
cause any tenant to be permanently displaced unless the owner
will be able to relocate the tenant displaced in accordance
with HUD relocation criteria. Rental Rehab funds will not be
used to rehabilitate the structUres if the rehabilitation will
cause the displacement Of LMI families.
B. If it becomes necessary for an owner to move a tenant
from a unit as a direct result of rehabilitation assisted
through rental rehabilitation funds, the owners will assure
that the tenant is offered a decent, safe and sanitary
dwelling Unit at an affordable rate as described in the
applicable regulations. No tenant will be considered
displaced if the owner has offered the tenant a decent, safe,
sanitary and affordable unit and the tenant has deciined the
offer.
C. Should displacement become.necessary for a LMI family as
a result of the rental rehabilitation assistance, the owner
will assUre that tenants are provided the necessary financial
assistance, information, counseling, referrals and housing
location options regarding Federal Fair Housing rights, and
11
other relocation services as needed without regard to race,
color, religion, sex, familial status, age, handicap or
national origin, so as to enable the family to obtain decent,
safe and sanitary housing at an affordablerent.
D. Compensation to obtain .replacement housing shall not
exceed $6,000 unless approved otherwise by the local governing
body. Should the amoUnt the tenant is entitled is expected to
exceed this threshold, consideration shall be given to not
performing the demolition which would cause the displacement.
VII. Disp-lacement of Homeowners
Homeowners will haVe their homes demolished with CDBG funds
only as a volUntary action, when rehabilitation of the dwelling is
not feasible or cost effective.
Although homeowners have a right to assistance as previously
discussed, CDBG funds available for relocation assistance are
limited. Therefore, financial assistance shall not exceed that
described in the following paragraphs.
A. Homeowners 'who meet CDBG income limits will receive a
replacement housing payment not to exceed $28,000 (Unless
approved otherwise by the local governing body). The amount
will be based upon the difference between the dwelling
replacement price and the owner's ability to contribute to the
12
replacement purchase price. Ability to contribute shall mean
the household's borrowing capacity (determined by lending
agencies, including FmHA) and liquid assets above $5,000 in
value.
B. To the extent feasible, replacement units will be of
comparable size and type as original units. ~ shall mean
single family detached, mobile home, or attached, tf the ~nit
is attached (duplex, triplex) and the displaced owner-also
owns the other unit(s) as rental property, up to $10,000 per
unit shall be granted for constrUction of attached replacement
units, provided that zoning and other applicable regulations
allow construction of an attached unit(s) which' will be rented
for a period of five years to CDBG income eligible households
at affordable rent levels. ~ shall mean the average
monthly cost for rent and utility charges (water, sewer,
electricity, gas) and shall not .exceed 30% .of. the tenant
household's gross monthly income.
c. Homeowners will be encouraged to relocate onto 'the
property from which they were displaced or onto other property
which they own, in order to reduce the cost of the replacement
unit. Land shall be included as an eligible replacement unit
cost only when the existing site is unsuitable due to
inadequate size (based upon zoning or other applicable
regulations) or location in a wetland or 100 year floodplain.
13
Existing housing that is in standard condition may also be
approved as replacement housing. Payment shall be disbursed
only upon the CDBG administrator's approval of the replacement
unit.
D. If space is
offered temporary
provided by the
available, displaced homeowners will be
replacement housing in one of the units
CDBG program for housing rehabilitation
displacees. Moving and storage allowances will be provided as
annotated in section V.
'E. If a homeowner chooses to not purchase a replacement
dwelling, compensation shall be'determined in the same manner
as for renters, compensation shall not be less than $2,000.
Viii. Appe&ls/Counsellnq
A. If a 'claim for assistance is denied by the local
governing body,' the claimant may appeal to the State and the
decision 'of the State shall be final unless a court determines
the decision was arbitrary and capricious.
B. Counseling will be provided to displacees in the areas of
household finance, fair housing rights, real estate
transactions, and locating and evaluating replacement housing
options. Counseling shall be provided by the CDBG
14
Administrator to permanently displaced households to ensure
that:
No person is discriminated against based upon age,
race, color, religion, sex, handicap, familial
status, national origin, or presence of children in
the household.
Displacees receive information concerning the full
range of housing opportunities within the local
.housing market.
Approved .by the city~ Council the ~.~ day .of
Clerk
Mayor
15
EXHIBIT "D"
CITY OF SEBASTIAN
PROCUREMENT POLICIES AND PROCEDURES
FOR
COMMDNITY DEVELOPMENT BLOCK GRANT
PROGRAMS AND PROJECTS
TABLE OF CONTENTS
I. General Policy ........
Am
Applicability ............. 2
Procurement Law and Regulations ....... 2
II. Procurement Standards .............. 3
General Standards .............. 3
Competition ............... 3
III. Procurement Administration,. . . . . . . . . . . 4
Am
B.
C.
D.
E.
Efficiency Review ........... 4
Performance Review ............ 5
Records .............. 5
Written,Agreements ............... 5
Authorizations ............... 6
IV. Procurement Classifications ........... 6
Aw
Classifications .............. 6
Simple ............... 7
Intermediate ................ 7
'Formal ................ 8
V. Solicitation andAward ........... 9
A. Invitation for Bids ....... 9
B. Request for Proposal ........... 9
C. Advertising ............. 10
D. Evaluation ........... 11
E. Multiple Service Awards . . .. . . . 13
VI. EXceptions ................ 14
'VII. Affirmative Action/Equal Opportunity .... 15
VIII Contracts ·
IX. Code of Conduct ......
. . 17
X. Protests
Appendix A . . .
Appendix B ...........
I. GENERAL POLIC~
A. APPLICABILITY
These procurement policies establish procedures and
guidelines that shall be used for the purchase or procurement of
personal property, supplies, equipment, and services. Ail
procurement shall be accomplished in compliance with applicable
state and federal law. The purpose of these procedures is to
facilitate the determination of the most efficient and economical
means of securing commodities and services without sacrificing
necessary control and.good purchasing practice..
B. PROCUREMENT LAW AND REGULATIONS
Laws relative' to the procurement process, in general, may be
found in chapter '287, Fla. Stat. The provisions of these
procurement procedures shall not be construed to conflict' with or
supersede the requirements of S. 287.055, Fla. ~J~, 24 Code of
Federal Reoulations (CFR) Section 85.36, or any other applicable
state or federal laws or rmgulations. In regard to procurement of
conunodities or services in connection with Community Development
Block Grants, the U.S. Department of Housing and Urban Development
(HI/D) grant administration regulations relating to procurement are
promulgated in Handbook 1300.17. This Handbook reprints the Office
of Fianagement .and Budget (OP~B) Circular A-102, Attachment O, which
pertains to procurement standards and is hereby incorporated by
reference. Future state or federal regulations applicable to
procurement under the CDBG Program shall supersede and/or
supplement this policy.
II. PROCUREMENT STANDARDS
A. GENERAL STANDARDS
Except as otherwise provided by law, procurement awards shall
be made only on the basis of requirements and evaluation factors
that are directly related to the price, quantity, or quality of the
commodities or services or the ability of the prospective supplier
or contractor to perform under the agreement.
Procurement procedures prohibit the dividing of the
procurement of a goodor service into a number of smaller groups in
order to avoid the more stringent requirements of a higher dollar
category (refer to s. 287.057(4), F_L~_~$_~A~..(1989)). However,
this provision is not to conflict with the provision of 24 C.F.R.
s. 85.36(e) that the subgrantee take all necessary affirmative
steps to assure that minority firms, women's business enterprises
and labor surplus area firms are offered the opportunity to
participate to the maximum practicable extent.
B. COMPETITION
Ail procurement transactions will be conducted in a manner
providing full and open competition consistent with standards of
Section 85.36 of the ~. Some of the situations considered to
be restrictive of competition include but are not limited to:
1. placing unreasonable requirements on firms in order
for them to qualify to do business,
2. requiring unnecessary experience and excessive
bonding,
3. noncompetitive pricing practices between firms or
between affiliated companies,
4. noncompetitive awards to consultants that are on
retainer contracts,
5. organizational conflicts of interest,
6. specifying only a "brand name" product instead
of allowing "an equal" product to be offered, and
7. any arbitrary action in the procurement process.
The inability to obtain more than one bid, price quote or
proposal shall not prohibit the approval of a purchase if Other
prospective vendors or contractors have been given adequate notice
of the procurement and an opportunity to participate, and have
declined to s~bmit bids, proposals, or price quotes. The
declination to submit need not be in writing.
iii.
A.
PROCUREMENT ADMINISTRATION
EFFICIENCY REVIEW
The City Manager, Clerk, other authorized representative or
employee who approves each purchase shall review the proposed
procurement to avoid unnecessary or duplicative items. In order to
obtain a more economical, efficient or effective purchase,
consideration shall be given to:
a)
b)
c)
d)
e)
f.)
breaking out or consolidating purchases,
lease versus purchase alternatives,
interlocal agreements for purchases or use of common
goods,
use of federal or state surplus propert~y,
value engineering reviews,
use of state or federal contracts for materials
and/or services.
B. PERFORMANCE REVIEW
Contracts shall specify a contract manager, appointed by the.
local governing body, to ensure that the contractor performs in
accordance with the terms, conditions a~d specifications of their
contract or purchase order.
C. RECORDS
Appropriate arrangements shall be made for the generation and
maintenance of all files, records, and doc~Lmentation necessary to
evidence the compliance with all requirements as delineated in this
document. Ail procurement shall comply with good purchasing
practices and with applicable local, state and federal regulations,
in a manner consistent with this document. A complete set of
records shall be maintained' by the entity responsible for-the
procurement for a minimum of 3 years.
applicable laws and regulations.
D. WRITTEN AGREEMENTS
See section IB for
Any procurement of commodities or services costing $600 or
municipal'ity
.appropriate
more shall be evidenced by a written solicitation embodying all
provisions and conditions of the procurement. This requirement for
written documentation may be met through preparation of a .letter on
or vendor letterhead, signed by the vendor and
elected and/or appointed official, stating such
conditions andterms as price, number of units of purchase .(e.g.:
ea., cs., bx., etC.) or product, delivery date, or when service is
to begin, point of delivery,, specifications, etc. Any price
quotes, warranties, guaranties,' certifications or contracts shall
be attached and filed.
E. AUTHORIZATIONS
Purchase orders or contracts shall be issued for all purchases
and must be signed by either the City Manager or the department'
head approving the purchase. The local governing .body must
authorize all purchases in excess of $2001.
IV. PROCUREMENT CLASSIFICATIONS
A. 'The following classifications are established:
PROCUREMENT PROCUREMENT
CLASS RANGE
DESCP. IPTION
· PROCUREMENT ME TI{OD
1. $ 1- e00
simple procurement price checks/
simple purchase
2. $ 601-2000
intermediate
procurement
informal
compe ti tion,
written agreement
3. $ Over 2001
formal
procurement
formal competition
(bids or proposals) /
contract
B. SIMPLE PROCUREMENT (NOT MORE THAN $600)
Procurement is accomplished through simple purchase. Simple
procurement procedures are. those relatively simple and informal
procurement methods that are sound and appropriate for a
procurement of supplies or other property, or services. Items or
services under $250 do not ~equire written price quotes Or
documented price checks. Appropriate notation of oral price quotes
should be made for costs ranging from $250-$600.
A reasonable and adequate number of price checks or quotes
should be made by phone, personal inspection, discussions with
vendors, etc., to ensure the highest quality product or service is
obtained for the least cost to the procuring entity.
C. INTERMEDIATE PROCUREMENT ($601 - $2,000)
Procurement is accomplished by obtaining three written price
quotes, when possible, or through informal negotiation if the item
or service is expected to cost less than $2,000. If the actual
cost exceeds $2,00O, then the procurement must go to formal
procurement, as outlined in section D below. Files shall contain
documentation of competition. No advertising is' required but all
procurement .shall be evidenced by a written agreement embodying all
provisions and conditions of the procurement.. This requirement for
written agreement may be met through preparation of a letter on
municipality or vendor letterhead, signed by the vendor or
appropriate elected and/or appointed official or representative,
stating such Conditions and terms as price, number of units or
purchase (e.g.: ea., cs., bx., etc.) or product, delivery date or
when service is to begin, point of delivery, specifications, etc.
Any price quotes warranties, guaranties, certifications or
contracts shall be attached and filed.
D. FORMAL P~OCUREMENT (REQUIRED OVE~ .$2,0'01)
Formal Procurement includes the acquisition of commodities or
securing services that are expected to cost $2,001 or more, and
requires formal advertising and submission of competitive sealed
bids, sealed proposals, or competitive negotiation.
Sealed bids are publicly solicited and a firm-fixed-price
contract (lump sum or unit price) is awarded to the responsive
bidder who conforms to or exceeds all material requirements, terms
and conditions of the invitation for bids, and presents the lowest
~u%D~%h!~price that meets requirements and needs.
Sealed Bidding shall be used unless the municipality City
Manager or chief financial officer certifies in writing that sealed
bidding is not practicable or advantageous, in which case
procurement shall be based on sealed proposals, or on competitive
negotiation when required bY Florida Statute's.
The technique of competitive negotiation is normally conducted
with more than one source submitting a proposal for services with
either a fixed-price or cost-reimbursement type contract awarded.
It is generally used when conditions are not appropriate for the
use of sealed bids or proposals indicating fees. Florida Statutes
shall determine the manner in which such negotiations are performed
and the types of contractual services which are to be procured in
this manner.
8
Noncompetitive negotiation shall be used when other types of
procurement are infeasible (see paragraph VI).
V. SOLI¢ITATION ANDAWARD
A. INVITATIONS FOR .BIDS
1. The invitation to bid is used when the procuring entity
is capable of defining the scope of work for which a contractual
service is required or when the procuring entity is capable of.
establishing precise specifications defining the actual commodity
or group of commodities"required.
2. Invitation to bid shall be 'a written solicitation for
sealed competitive bids with the' title, date, and hour of the
public bid opening designated and which specifically defines the
commodity, group of commodities, or services for which bids are
sought. It includes instructions describing all conditions for
bidding and shall be distributed (or available) to all prospective
bidders simultaneously.
3. Sealed bids' are required to be received at a specified
place not later than a specified time and. date. Failure to comply
with any instructions pertinent to the delivery of such bids may
result in their being rejected.
B. REQUEST FOR PROPOSALS (RFP)
A request for proposals (RFP) shall be a written solicitation
for sealed Proposals with the title, date, and hour of the public
opening designated. The request for proposals is used when (a) the
procuring entity is incapable of specifically defining the scope of
work for which the commodity, group of commodities, or contractual
service is required and when it requests that a qualified offeror
propose 'a contmodityi group of commodities, or contractual service
to meet the specifications of the solicitation doctunent, or (b)
when quality of performance is to be the primary factor for
selection. With respect to competitive negotiations, a qualified
offeror s.hall refer to the provisions of s.287.055,
(1989).
A request for proposals includes, but is not limited to,
general information, applicable, laws and rules, functional or
general specifications, statement of work, proposal instructions,
and evaluation criteria. Requests for proposals shall state the
relative importance of price and any other evaluation criteria.
C. ADVERTISING
The advertisement must be written in a clear, concise manner
and in a way. which would invite competitive bidding. The
advertisement shall contain at least the following minimum
information:
1. time, date and location for receiving and opening
bids or proposals (the date shall not be less than five
(5) days after the final advertisement is published),
2. general description of the commodity or item being
requested,
3. where and how detailed specifications and bid forms
(if applicable) may be obtained,
lO
4. terms and conditions of the contract to be awarded,
5. criteria for selection of the vendor or contractor,
including the relative weight to be given to the different
factors, (See Appendix A)..
6. other information relevant to evaluation and award (refer
to s. 287.057(3), ~.~_~Jj~. (1989) and 24 C.F.R. s.
85.36(a) (3) (i)).
The request shall be advertised in a newspaper circulated
locally. If there are known local vendors of the desired product
or service, only a local newspaper is required. If vendors are not
local, a region newspaper shall be utilized. The advertisements
shall, as a minimum, allow one week for response, with two weeks
preferable. Those local newspapers targeting a minority audience,
and associations of women- or minority-based populations will be
contacted (if they are known) for distribution of the request.
Sealed bids or sealed proposals will be received at any time
during normal working hours prior to. the time and date as
specified. Each proposal shall be annotated with the time and date
received.' The bids or proposals shall be placed in the applicable
file and publicly opened and read at the time designated for the
bid opening.
D. EVALUATION
The contract shall be awarded to the lowest responsible and
responsive bidder or proposer whose bid or proposal most completely
meets the requirements and criteria set forth in the invitation for
bids or request for proposals.
The term "responsible bidder or proposer" refers to the
capability of a vendor or contractor to perform fully all aspects
of the contract. Financial capability, integrity, and reliability
of the bidder or proposer, ail of wkich tend to ensure good faith
performance, shall be a criteria in evaluation of responsibleness.
The term "~ bidder or proposer" means a bidder who
has submitted a bid or proposals which materially conforms to all
provisions of the specifications and the invitation to bid or
request for proposal.
Evaluationcriteria .and requirements for bids set forth in t~e
invitation for bids shall be used to determine the most responsible
and responsive bidder. A technical review shall be performed on
proposals in the following manner. A subjective ranking of bids or
proposals by a majority of the elected officials, or by persons
selected by the body to act on their behalf, shall be utilized as
a method-of selection (See Appendix A). Award shall be made to the
responsible individual firm whose proposal is considered most
advantageous to the program, with price and other factors
considered.
In procuring services for grant administration, evaluations of
vendors or service suppliers shall include a proven track record
and sound reputation; adequate financial strength; high ethical
standards; and a record of adhering to specifications, of
maintaining shipping or service delivery schedules, and of giving
a full measure of service. Consideration may also include the
prospective contractor's records of past performance under CDBG
grants. This factor is not meant to exclude consideration of new
firms, but rather, to include past performance and experience as a
potential criterion.'~.
All bidders will be notified that they were or were not
selected for award of contract as soon as possible following the
evaluation and decision process.
E. MULTIPLE SERVICE AWARDS
Vendors or service suppliers will be considered for multiple
sources of supply or multiple services when it can be demonstrated
that such vendors or services suppliers either are sole sources of
the services or are the responsive p~oposer whose proposal is
determined in writing as a result of a .competitive process to be
the most advantageous to local government.
For each service listed in s. 290.047(5), ~. '1989,
when included in a multiple service contract, written detelnination
of. the need for a multiple service contract and the supporting
documentation shall, be maintained on file with the sub-grantee (See
Appendix B).
Any or all bids or proposals may be rejected where there'are
sound documented business reasons which .are in the best interest of
the procurer. Records of all proceedings for selection, and/or
rejection shall be maintained.
VI. EXCEPTIONS
The non-competitive negotiation method of procurement is
solicitation of a 'proposal from only one source; or after
solicitation of a number of sources (documented), competition is
determined' inadequate (Refer to 24 C.F.R.S. 85.36 (d)(4)). It may
be 'used only:
1. When procurement or award of contract is infeasible under
simple or intermediate procurement or thorough formal (sealed
bid) competition; and
2. Under one of the following circumstances:
a. The item is available only from a single source; or
b. Public exigency or emergency exists such that the
urgency for the requirement will not permit a delay
incident to competitive bidding; or
c. In the case where grant funds are being used, the
federal or state (whichever is more stringent) grantor'
agency authorizes non-competitive negotiations; or
d. After solicitation of a number of sources,
competition is determined inadequate (See Appendix B); or
e. The contract item is available under a State of
Florida Contract.
Emergency purchases of up to $2,000 shall be authorized by the
City Manager or designated alternate when, based on his/her
decision, the delay incurred by following the normal procurement
requirements would be detrimental to the best interests of the
~4
community.
VII. AFFIBMATIVE ACTION/EQUAL OPPORTUNITY
The City is committed to eliminating discrimination based upon
race, color, sex, national origin, familial status, age, or
physical handicap. In grant' programs, the City will comply with
requirements of Section 3 (Use of the project area),. Equal
Employment Opportunity on Federally Assisted Construction'
Contracts, and Executive Order 11625 (Minority Business). Notice
of the policy will be placed in plain sight on job location for the
benefits of interested' parties and all contractors and sub-
contractors so notified. Equal Opportunity posters will be
displayed as required.
The Director of Human Resources is hereby appointed as the
Equal Opportunity Officer. Dutteswii1 include coordinating local
efforts in recruiting employees and soliciting bids, resolving
complaints, and submitting required reports.
The procuring entity will encourage the employment of local
residents, especially those who ha=e low to moderate income, and
those who are female and/or of a minority racial/ethnic
classification. This will be accomplished through the following
methods for employment and hiring:
1. Ail employment opportunities will be publicly advertised,
including the "equal opportunity employer" designation unless
an internal promotion or upward mobility situation exists.
15
2. When appropriate, notification of employment
opportunities will be issued to organizations such as the
local schools, employment centers, minority organizations and
social service agencies who may refer qualified applicants.
3. Recruitment practices, including those described 'in
paragraphs one and two, will be conducted in such a way as to
include qualified .minorities and females in all levels of
responsibility and departments, in percentage to the general
population and/or available work force, to the maximum
practical extent.
4. When applicants are equally qualified in ait other areas,
preference will be given to hiring minorities and females in
furtherance of the goals expressed above.
In 'accordance with the 1989 State Fair Housing Act (Fla. Stat.
S760.20), the municipality and any contractors hired with CDBG
funds shall not discriminate against any person in the terms,
conditions, or privileges of sale or rental of a dwelling, or in
the provision of*services or' facilities in connection therewith,
because of race, color, national origin, sex, handicap, familial
status, age, or religion. (See Section X on Protests for Complaint
Procedure).
VIII. CONTRA~TS
Ail contracts procured with state or federal funds shall
contain applicable provisions as required by Fla.
(specifically s.287.058), Florida administrative rule, federal law,
regulation or executive order. Provisions shall include, but not
be limited to, such requirements as bonding, equal employment
opportunity, contract termination, record retention, public access
to records, reporting, remedies for breach, conflict of interest,
labor standards compliance, pre- and post-audit requirements, .and
compliance with environmental laws.
IX. CODE OF CONDUCT
No employee, officer or agent of the procuring entity shall
participate in the selection, award or procurement of an
application, administration, engineering or construction contract
if a conflict of interest, real or apparent, would be involved.
SUch· a conflict would arise when (a) the employee, officer or
agent, (b) any member of his immediate family, (c) his or her
partner, or (d) an organization which employs, or is about to
employ, any of the above, will receive a financial or other direct
benefit of CDBG funds from the contract award. In any of these
cases, the employee, officer or agent will abstain from voting on
the award.
Officers, employees and agents of the procuring entity will
neither solicit gratuities, favor or anything of monetary value,
nor accept any unsolicited gratuity, favor or gift valued above
$25, from contractors or potential contractors, or parties to
subagreements.
Violation of this policy shall be subject to penalties,
sanctions or other disciplinary action as permitted by state or
local law. Upon conviction in a State Court of competent
authority, a violator may be found guilty of a first degree
misdemeanor, punishable as provided in Fla. Stat. s.775.082 or
s.775.083.
X. PROTESTS
Objection to procurement shall be issued, in writing, to the
City Manager within 5 working days of purchase or selection to
purchase under contract. A response shall be issued to the
objecting party within 5 working days. An objection shall be
considered valid only if it discloses a violation of this policy.
For employment discrimination, contact:
The U.S. Equal Employment Opportunity Commission
2401 E. Street, N.W.
Washington, D.C., 20507
1-800-872-3362
18
For housing discrimination, contact:
Florida Commission on Human Relations
325 John Knox Road, Bldg. F, Suite 240
Tallahassee, Florida 32303
1-800-342-8170
This policy has been approved and adopted this
11,1 f1.AJ1L, 19 15.
(
;2:l~
day of
~~~
Mayor
Attest:
otfd7l11 vi.
Clerk
19
Appendix A*
Criteria and Relative Weight
for Proposal Ranking/Selection
¢IT~ OF SF~ASTiAN
PLANNING AND A~pLzCATION SERVICES. I~OPO~ALS
INDIAN RIVER COURT~
Proposer A:
Proposer
Proposer C:
PrOposer D:
Evaluation
Successful Florida Small
Cities CDBG experience.
Manag~nent and staffing:
experience, capacity and
availability.
Approach to needs,
tasks ~o be performed
.(thorough, services
ma~ch needs).
Successful similar
experience with Florida
Small Ci~ies and Counties
Familiarity or ability to
quickly, become familiar
with local conditions.
(This does not require
previous employment or
'contractual experience
with the City.)
Fee
Ratings: Excellent, Good, Fair, Poor
PROPOSER A PROPOSHR B P~OPOSBR C P~OPOS~R D
Evalua~ by:
Date: .
2O
Proposer'A:
Proposer
Proposer C:
Proposer D:
Evaluation
successful Florida .Small
Cities CDBG experience.
Management and staffing:
experience, capacity and
availability.
Approach to needs,
tasks to be performed
(thorough, services
match needs).
Successful similar
experience with Florida
Small Cities and Counties
Familiarity or ability to
quickly become familiar
with local conditions.
(This does not require
Previous employment or
contractual eXPerience
with the City.)
Fee
RatiDg~: Excellent, Good, Fair, Poor
PROPOS~A -PROPOS~RB P~OPO~ER C PROPOSER D
Date:
#4__
21
c~'~z OFS~UtS~ZAN
ENGZIqF..ERZNG SER.V':I:CES PROPOSALS
Proposer A:
Proposer
Proposer
Proposer D: .~
Evaluation
Successful Florida Small Cities
CDBG experience.
Management and staffing:
experience, capacity and
availability.
~proach to needs,
tasks to be performed
(thorough., services
match needs).
Successful similar
experience with Florida
Small Cities and Counties
Familiarity or ability to
quickly become familiar
with local conditions.
{This does not 'require
previous employment or
contractual experience
with the City.)
Ratings: Exce!!.ent, ~¢)d, ..Fair, Poor
PROPOS~ A PROP0$~'B P~OPOSER C PROPOS~RD
-.valuated
Date
22
Appendix B
(Letterhead)
Date
Procurement of CDBG Consu~tant Services
I hereby certify that bidding of CDBG consultant services for application
administration, and/or engineering is not advantageous, practicable and/or legal,
and that sealed proposals were solicited. The procedure is in compliance with
the local CDBG procurement policy adopted , 19____ which
is in compliance with existing agency, state and federal regulations. A~
evaluation determined that one fir.m capable of providing all requested services
is most advantageous for our needs and that this selection does not constitute
sole source solicitation.
Chief Elected Official
Attest:
Clerk
23
EXHIBIT "E"
ACQUISITION PLAN
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAMS AND PROJECTS
FOR
CITY OF SEBASTIAN
i. VOLUNTARY ACQUISITION POLICY
A voluntary acquisition occurs when real propert~ is acquired
from an owner who has sLfumitted a proposal to the recipient for
purchase of their property in response to a public invitation or
solicitatio, n of offers. The local governing body is committed to
this mode of acquisition to the maximum practicable extent.
Voluntar~ acguisition shall be. permitted only if the property
being acquired is not site specific and at least two properties 'in.'
the o~,,unit~ meet the' criteria established by the local government
for usage, location and/or interest to be acquired. All voluntary
acquisitions must be approved in principle by the elected governing
body prior to publication of a public notice or attendence' of any
local government representative at a property auction.
A public notice must be published
property owners. This notice must:
A.
inviting offers from
accurately describe the type, size and approximate
location of the property it wishes to acquire;
describe the' purpose of the purchase;
specify all terms and conditions of sale, including
maximum price;
indicate whether or not an owne=-occupant must waive
relocation benefits as a condition of sale;
announce a time and place for offers .to be accepted; and
announce that local powers of condemnation .shall not be
invoked to acquire any property offered for which a
mutually agreed to sale price can not be reached.
Property may also be. acquired at auction. The Uniform
Relocation Act does not apply to voluntary acquisitions.
In each voluntary acquisition, a public solicitation shall
occur. Offers shall be sealed and opened at the same time, in the
same place, b~a responsible official. Records of offers shall be
kept. Appraisals are not required for purchases less than $2500 if
a mutuall¥ agreed to sales price ca.n be reached. Clear title must
be present.'in every transaction. The local governing body must
decide at the time of approving the acquisition whether or not
appraisals and review appraisals will 'be necessary and what the
maximumpermissible sales price will be. The decision to acquire
will rest with the governing body which can reject or accept any
and all offers. Written records shall be maintained documenting
decisions and rationale for selected coursed of action.
2
ii. NON-vOLUNTARY ACQUISITION PLAN
Acquisition of property (including easements and right of way)
using federal funds Shall occur in accordance with the Uniform
Relocation Act of 1970 (as amended) and with any State and Federal
regulations which may applY.
Fundamental steps which will occur in each purchase may vary
case by case. However, in general terms, the following should take
place: (1) .source 'of funds and authorit~ to acquire confirmed, (2)
property/site identified and
des cripti on/survey/preliminary title
suitable, ($) legal
search' performed (services
procured as necessary), (4) notice of intent to a~/uire sent owner.,
(5) appraisal and review appraisal services solicited and appraiser
retained, (6) appraisal received and sent for review, .(7) title
companies solicited and retained after review received '(title
insurance amount and necessity ~etermined in achrance), (S) offer to
purchase and notice of just compensation sent owner, (9) owner
contacted by attorney or other representative and contract
formalized, (10) settlement costs calculated and closing date set,
(11) closing conducted with funds changing hands and, (.I2). records
of proceedings retained.
The Uni fo rm Rel o ca ti on Act requi re s certain spe ci fi c
procedures such as some letters sent being sent certified. The
CDBG Implementation Manual provides a checklist which may be
. utilized in following each transaction to successful conclusion.
III. TIMING/pLANNING
'ProPerties necessary for easements or acquisition shall be
identified as early in the planning stage as is practicable. Every
attempt shall be made to effect a design which is not wholly site
dependent, that is, where two or more sites are suitable for the
project.
however, a
emphasized.
It is recognized this 'may not always be possible,
policy of minimizing single site alternatiVes is
In general terms, the voluntar~ acquisition process shall be
utilized to identify possible sites early in the project. Sites
shall be evaluated for'suitability prior to the final design phase
t° the maximum practicable extent. As soon as alternative sites
are identified and evaluated, applicable acquisition procedures
should commence.
Projects shall not normally be sent out for bids unless
properties to be acquired or utilized for easements have been
formally acquired, or a coa~nitment exits which is sufficiently firm
and binding to be considered safe for the project to proceed with
4
start up. The elected body shall make the determination as to
whether or not bidding, award and start up may proceed prior to
closing on the property.
In those cases where need for easements and/or acguisition is
.not identified until after the project is underway, procedures
Shall be expedited to the maximum practicable eXtent and
utilization of funds, the ~alue of which.would be unrecoverable if
the.transaction did not occur., minimized.
This policy shall be applicable to 'all acquisitions of property
involving CDBG funds and has been approved and adopted this ~
~a¥ of ........ ~
Mayor
EXHIBIT "Fn
CITY OF SEBASTIAN
SECTION 504 COMPLIANCE POLICY,
EVALUATION PLAN, TRANSITION PLAN,
AND GRIEVANCE/COMPLAINT PROCEDURES
FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAMS AND PROJECTS
T~XBLE 01;' CONTENTS
I. General Policy .................... 2
Applicability ........... - --- - - - 2
Definitions ................... 3
II. CommunicatiOns
A. Auxiliary Aids .................. 5
III. Employment ......... ............. 6
Ae
General Prohibitions ............... 6
Reasonable Accommodation ............. 6
Employment criteria · 7
IV Prograxa Accessibility ·
7
A. General Requirements .............. 7
B Non-Housing Facilities ~ 7
V Enforoement ' 10
Am
Assurances 10'
Self-E.valuatmon ................· 10
Desi~nation of ResponaiDle Employee. . . . . . o 11
VI. Grievance Procedures/Complaint Resolution ....... 11
Am¸
B.
C.
D.
E.
F.
General Provisions 11
No ice ......................
Grievance Procedures ........ ' ...... 12
Compl%a~ce ~nformati0~ .... . ........: 14
DiscriminatIon ComplaInts/Grievances. . . . . . '14
Complaint/Grievance Resolution .......... 15
Attachments
Cm
Self Evaluation Plan Format . . . 17
Participating Parties .............. 2 0
Transition Plan ................. 21
i. GENERAL POLICY
A. APPLICABILITY
This Section 504 Compliance Policy establishes procedures and
guidelines that shall be used to effectuate compliance with
nondiscrimination based on handicap to the end that no otherwise
qualified individual with handicaps in the United States shall,
solely by reason of his or her handicap, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance fr,om the Department of Housing and Urban
Development (HI/D). Compliance with Section 504 does not assure
compliance with requirements for access.ibility by physically-
handicapped persons imposed under the Architectural Barriers Act of
1968. Ail HUD Federally financed activities shall be accomplished
in compliance with applicable.state and federal laws.
B. SECTION 504 LAW AND REGULATIONS
Laws relative to nondiscrimination based on handicap in
federally assisted programs of HUD, in general, may be found in
section 504 of the Rehabilitation Act of 1973 (as amended)., section
109 of the Housing and Community Development Act of 1974 (as
amended), and 24 CFR, Part 8. The provisions of these
nondiscriminatory procedures shall not be construed to conflict
with or supersede the requirements of any other applicable state or
federal laws or regulations, in regard to programs or activities
in connection with Community Development Block Grants (CDBG), the
U.S. Department of Housing and Urban Development (HUD) grant
administration regulations relating to nondiscriminatory practices
are promulgated in the Uniform Federal Accessibility Standards
(UFAS). This document, which sets standards for facility
accessibility by physically handicapped persons for federally
funded facilities, programs, and/or activities, is hereby
incorporated by reference. Future state or federal regUlations
applicable to nondiscriminatory practices under the CDBG Program
shall supersede and/or supplement this policy.
C, DEFINITIONS
1. "AD~_~~," when used with respect to the design,
construction~ or alteration of a facility or a portion of a
facility other than an individual dwelling unit, means that the
facility or portion of the facility when designed, constructed or
altered, can be approached, entered, and usedby individuals with
physical handicaps.
2. ,,~," when .used with respect to the design.,
construction, or alteration of an individual dwelling unit, means
that the unit is located on an accessible route and when designed,
constructed, altered, or adapted can be approached, .entered, and
used by individuals with physical handicaps.
3. ,,Accessible route" means a continuous unobstructed path
connecting accessible elements and spaces in a building or facility
that complies with the space and reach requirements of applicable
standards prescribed by 24 CFR, Part 8, section 8.32.
4. ,,~daptabilitv" means the ability of certain elements of a
dwelling unit, such as kitchen counters, sinks, and grab bars, to
be added to, raised,, lowered, or otherwise altered, to accommodate
the needs of persons with or without handicaps, or to accommodate
the needs of persons with different types or degrees of disability.
5. "Auxilla~ aids" means services or devices 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 (i.e.,
readers, Brailled
communication devices
etc.).
6. "Individual with
materials, audio
for deaf persons
recordings, telephone
(TDD's)., interpreters,
handicaps" means any person who has a
physical or mental impairment that substantially limits one or more
major life activities; has a record of such an impairment; or is
regarded as having such an impairment.
7. "Oualifled individual with handicaps" means:
(a) with respect to employment, an individual with handicaps
who, with reasonable accommodation, can perform the essential
functions of the job in question; and
(b) with respect to any non-employment program, an individual
.with handicaps who meets the essential eligibility'
requirements, and who can achieve the purpose of the program or
activity without modifications in the program or activity that
the City of Sebastian can demonstrate would result in a
fundamental alteration in its nature; or
(c) with respect to any other non-employment program or
activity, an individual with handicaps who meets the essential
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eligibility requirements for participation in, or receipt of
benefits from, that program or activity.
8. "Undue hardship" means financial or administrative burdens~
which would be imposed on the operation of the City of Sebastian's
program. Factors to be considered include:
(a) the overall size of the City of Sebastian's program with
respect to number of employees, number and type of facilities,
and size of budget;
(b) the type of the City of Sebastian's operation, including
the composition and structure of the City's workforce; and
(c) the nature and cost of the accommodation needed.
II. COMM~NICATI O~$
A. AUXILIARY AIDS
The City of Sebastian shall furnish appropriate auxiliary aids
where necessary to .afford an individual with handicaps an 'equal
opportunity to participate in, and enjoy the benefits of, a program
or activity receiving Federal financial assistance. The City is
not required to provide individually prescribed devices or other
devices of a personal nature. Where the City communicates with
applicants and beneficiaries via telephone, telecommunication
devices for deaf persons (TDD's) shall be used. The telephone
number to utilize the TDD is (800} 955-8771. This is not a
dedicated circuit, however, employees who normally answer this line
are familiar with TDD tones and will immediately switch the line to
TDD receive mode. The City of Sebastian shall adopt and implement
procedures to ensure that interested persons (including persons
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with impaired vision or hearing) can obtain information concerning
the existence and location of accessible services, activities, and
facilities. Mobility impaired persons in wheelchairs should call
ahead for assistance, blind individuals should call ahead for
escorts, and deaf persons should call ahead for an interpreter
(person schooled in sign language). In brief, if the disabled
person calls City Hall prior to the event and communicates to a
city employee the particular problem which he Or she has,
assistance will be provided accordingly. However, Section 504 does
not require the city to take any action that the City can
demonstratewould result in a fundamental alteration in the nature
of a program or activity or in undue financial and administrative
burdens.
III. EMPLOYMENT
A. GENERAL PROHIBITIONS
No qualified individual with handicaps shall, solely on the
basis of handicap, be subjected to discrimination in employment
under any program or activity that receives Federal financial.
assistance from HUD.
B. REASONABLE ACCOMMODATION
The City of Sebastian shall make reasonable accommodation t°
the known physical or mental limitations of an otherwise qualified
applicant with handicaps or employee with handicaps, unless the
City can demonstrate that the accommodation would impose an undue
hardship on the operation of its program. The City may not deny
any employment opportunity to a qualified handicapped employee or
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applicant if the basis for the denial is the need to make
reasonable accommodation to the physical or mental limitations of
the employee or applicant.
C. EMPLO~T CRITERIA
The City of Sebastian will not use any employment test or
other selection criterion that screens out individuals with
handicaps nor make any pre-employment inquiry of an .applicant to
determine whether the applicant is an individual with handicaps or
to the nature or severity of a handicap. The city may,. however,
make pre-employment inquiry into an applicant's ability to perform'
job-related functions.
I~. PROGRAM~CCESSIBILITY
A. GENERAL REQUIREMENTS
No qualified individual with handicaps shall, because the city
of Sebastian's facilities are inaccessible to or unusable by
individuals with handicaps, be denied the benefits of, be excluded
from participation in, or otherwise be subjected to discrimination
under any program or activity .that receives Federal financial
assistance..
B. NON-HOUSING FACILITIES
New non-housing facilities shall-be designed and constructed
to be readily accessible to and usable by individuals with
handicaps. Alterations to existing non-housing facilities shall,
to the maximum extent feasible, be made to make them more readily
accessible to and usable by individuals with handicaps. The City
shall operate each non-housing program or. activity receiving
Federal financial assistance so that the program or activity, when
viewed in its entirety; is readily accessible to and usable by
individuals with handicaps.
(1) Methods
The City of Sebastian maY comply with the requirements of
this section through such means as location of programs or
services to ensure accessible facilities or accessible
portions of facilities, assignment of aides to beneficiaries,
home visits, the addition or redesign of equipment, changes in
management policies or procedures, acquisition or oonstruction
of additional' facilities, or alterations.' to existing
facilities. The City is not required, to make structural
changes in existing facilities where other methods are.
effective in achieving compliance with this section.
(2) Historic Preservation Programs or Activities
In meeting Section 504 requirements in historic
preservation programs or act~v~=~e the City of sebastian
shall give priority to methods that provide physical access to
individuals with handicaps. However, .in cases where a
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physical alteration to an h~stor~ property would
substantially impair the ,,significant. historic features" of
the property or result in undue financial and a~m~n~stratlve
burdens, the structural modifications need not be made. In
unique cases where this occurs, the precise alterations,
impact and reasons for noncompliance shall be completely
doc%~mented.
(3) Time Period for Compliance
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The City shall comply with the obligations established
under this section immediately, except that where structural
changes in facilities are undertaken, such changes shall be
made within the
transition plan.
facilities will
time frames established by the attached
If structural changes to non-housing
be undertaken to achieve program
accessibility, the City shall develop a transition plan
setting forth the steps necessary to complete such changes.
The plan shall be developed with the assistance 'of interested
persons, includingindividuals with handicaps'or organizations
representing those individuals. A copy of the plan shall be
aVailable for public inspection, and at a minimum, shall:
(a) identify Physical obstacles in the City of
Sebastian,s facilities that limit the accessibility of
its programs or activities to individuals with handicaps;
(b) describe in detail the methods 'that will be Used to
make the facilities accessible;
(c) specify the schedule for taking the steps necessary,
to achieve compliance with this section and identify
steps that will be taken d~Lring each year of the
transition period;
(d) indicate the official responsible for implementation
of the plan; and
(e) identify the Persons or groups with whose assistance
the plan was Prepared.
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V. E~FORCEMENT
A. ASSURANCES
An applicant for Federal financial assistance for a program or
activity to which Section 504 applies shall submit an assurance to
HUD on.a form specified by the responsible civil rights official
that t~he progra~ or activity will be operated in compliance with
Section 504. In the case of Federal financial assistance extended
in the form of real property or to provide real property or
structures on the property, the assurance will obligate the City of
Sebastian for the period during which the real property or
structures are used for the purpose for which Federal financial
assistance is extended. In the case of Federal financial
assistance extended to provide personal property, the assurance
will obligate the City for the period during which it retains
ownership or possession of the property. In all other cases, the
assurance will obligate the City for the period during which
Federal financial assistance is extended.
B. SELF-EVALUATION
The City of Sebastian shall, as expeditiously as'possible, and
after consultation with interested persons, including individuals
with handicaps or with organizations representing those
individuals:
(a) evaluate its current policies and practicsstO determine
whether they do not or may not meet the requirements of
Section 504;
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(b)
requirements of Section 504; and
(c) take" appropriate corrective
discrimination.
modify any policies and practices that do not meet the
steps to remedy the
The attached Self-Evaluation Plan will be utilized to review
each public facility for accessibility and compliance. The results
of this evaluation are to be utilized in preparing the Transition
Plan.
A recipient that employs fifteen or more persons shall, for at
least three years following completion of the evaluation, maintain
on file, make available for public inspection, and provide to the
responsible civil rights official, upon request: a list of the
interested persons consulted,'a description of areas examined and
any problems identified, and a description of any modifications
made and or any remedial steps taken.
C. DESIGNATION OF RESPONSIBLE'EMPLOYEE
A recipient that employs fifteen or more persons shall
designate at 'least one person tocoordinate its efforts to comply
with Section 504. The responsible person designated is the
Director of Human Resources and can be reached at telephone number
(407) 589-5330.
VI. GRIEVANCE PROOEDIF~ES/OOM~LAI~ RESOLUTION
A. GENERAL PROVISIONS
A recipient that employs fifteen or more persons shall adopt
grievance procedures that incorporate appropriate due process
standards and that provide for the prompt and equitable resolution
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of complaints alleging any action prohibited by Section 504.
B. NOTICE
A recipient that employs fifteen or ~ore persons shall take
appropriate initial and continuing steps to notify participants,
beneficiaries, applicants, and employees, including those with
hearing and vision impairments, and unions and professional
organizations that it does not discriminate on the basis of
handicap. The notification shall state that the recipient does not
discriminate in regards to its federally assisted programs. The
notification shall also include an identification of the
responsible employee designated to coordinate with Section '504 (See
Section V, Paragraph D above). The initial notification shall be
made as soon as possible but within 90 days of Policy adoption.
Methods of notification may include the posting of notices or
publication in newspapers. Any such notice must include all of the
information discussed in this paragraph. The recipient must also
ensure that members 'of the population likely to be affected
directly by a federally assisted program who have visual or hearing
impairments are provided with the information necessary to
understand and participate in the program. ''
C. GRIEVANCE PROCEDUI~ES
Any person or any representative of such a person who believes
that he or she has been discriminated against should first contact,
in writing, the person identified as Coordinator on page 11 of this
policy. The grievance must be filed within 30 days of the alleged
discriminatory act and must give the following:
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(1) name and addaress of the complainant;
(2) name and address of the alleged offending party;
(3) specific details, ~n a near chronological .order, of the
events leading to the alleged action;
(4) the alleged discrimination;
($) names, addresses and phone numbers of any witnesses or
other persons having knowledge of the circUmstances; and
(6) any other relevant information.
The 'Coordinator will attempt to satisfactorily resolve the
issue, informally, by contacting the involved parties within 20
days of receipt. Documentation of all phone calls, contacts and
information received or disseminated must be carefully kept.
Additionally, the members of the elected government must be kept
informed and up-to-date regarding the grievance and the progress in
resolution. This information flow will occur via written progress
· reports, no less frequently than monthly, and discussions, as
necessary, at each regularly scheduled meeting of the elected body.
The. Citizens Advisory Task Force (CATF) will be called into
session to advise the coordinator and to fashion a plan for
resolution should initial resolution attempts fail.' This group
will function in an advisory capacity as specified in the document
which establishes their existence. Records of proceedings will be
maintained and forwarded to the elected body. The CATF may call
both parties together in an attempt to reach an amicable solution.
The Coordinator will act as the intermediary between the CATF and
the electorate and will ensure the same information flow as
described above.
Should informal resolution be unsuccessful, the grievance will
be elevated to the formal stage. All'communications will Occur
only in written form, via certified mail. The local government's
attorney will become the lead official, acting on behalf of and
with the consent of the local governing body. Maximum effort will
be given to achievement of a mutually agreeable resolution with all
proceedings and. communications thoroughly and precisely documented.
If the preceding attempts remain unsuccessful, the matter
shall be officially, brought to the attention of the applicable
State or Federal agency and their guidance solicited and followed.
Information in the sections which follow expand further on
grievance/complaints which have exhausted local capability.
D. COMPLIANCE INFORMATION
Each recipient shall keep such records and s~bmit to the
responsible civil rights official complete and accurate compliance
reports upon request. The .records shall indicate the extent to
which individuals with handicaps are beneficiaries of federally
assisted programs. Each recipient shall permit access to these
records by the responsible civil rights official and the general
public during normal business ho=rs.
E. DISCRIMINATION COHPLAINTS/GRIEVANCES
Any person, or any representative of such a person, who
believes that he or she has been discriminated against may file a
confidential complaint with HUD's office of-Fair Housing and Equal
Opportunity, Department of Housing and Urban Development,
14
Washinqton, D.C. 20410. The writ~en complaint must be filed within
180 days of the alleged discriminatory act. The complaint must
give the name and address of the alleged complainant, the name and
address of the offending party, and the details of the events
leading to the charge of discriminatiOn.. The responsible civil
rights official will notify both the complainant and the recipient
of the agency's receipt of the complaint within ten calendar days.
F. COMPLAINT/GRiEVANCE RESOLUTION
HUD's civil rights official will review the case for
acceptance, rejection, or referral within twenty days of
acknowledgement of receipt of the complaint. The mecipient of
federal monies is then notified of the complaint and is given a
chance to respond in ~-riting within thirty days of receiving it.
HUD officials then attempt to resolve'the complaint informally. If
informal resolution is not possible, an investigation is conducted
resulting in either a dismissal of the complaint or a letter of
findings against the recipient which must be issued within 180 days
of receipt of the complaint.
via certified mail, return
complainant andthe recipient.
The letter of findings is then sent
receipt requested, to both the
Within ten days of notification of
noncompliance, the recipient may volunteer to comply with the
regulation. Otherwise, compliance may be effected by the
suspension or termination of, or refusal to grant or continue
federal financial assistance.
This last measure is the end result of a process which goes
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through many channels: (1) the recipient is notified of its
failure to comply, (2) a finding of noncompliance is formally
'recOrded after the recipient has been given the opportunity for a
hearing, (3) the Secretary of HUD approves the action, and (4)
thirty days expire after the Secretary has filed a report with the
'oo=mittees of the House and Senate having legislative jurisdiction
over the program or activity involved.
Intimidatory or retaliatory acts by the recipient or the
offended party is prohibited. No intimidation, threats, coercion,
or discrimination against a~ny person for having participated in
this investigation is permitted. The identity of complainants
shall be kept confidential except to the extent necessary to carry
out the intent of this policy.
This policy has been approved and adopted this ~~ day of
Chief Elected Official
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ATTACHHENT &
SELF-EFALUATIO~ PLAN
.Parking:
(e)
(a) handicapped designated parking spaces provided
(b) spaces closest to accessible entrance and on accessible
route
(c) spaces minimum of 96" in width
(d) access aisle adjacent to parking space and minimum of 60"
in width
slope of space and access aisle is maximum of 1:50
spaces marked with universal access codes
Accessible Route:
(a) unobstructed path
(b) minimumwidth of 36"
(c) minimum passing space of 60" at 200' intervals ..
(d) minimum head room of 80"
(e) surface texture of firm, stable, non-slip material
(f) slope not to exceed 1:20
(g) if slope exceeds .5", install ramp (see Section 5)
(h) gratings of maximum .5" width in direction of route
Outside Paths and Walks:
(a)
minimum of one accessible route in boundary of site from
public transportation stops, parking, passenger loading
zones, streets or sidewalks.
Curb Ramps:
(a) provided where an accessible route crosses a curb
(b) maximum slope of 1:12
(c)' minimum width of 36~!
(d) firm, stable, non-slip surface
(e) maximum slope of flared sides of 1:10 if no hand or guard
rails provided
Ramps:
(a) provided on any part of an accessible route with a slope
exceeding 1:20
(b) maximum slope of 1:12
(c) maximum cross slope of 1:50
(d) firm, stable, non-slip surface
(e) 30" to 34" high handrails extending 1' beyond top and
bottom or ramp provided is ramp rise exceeds 6" and run
exceeds 72"
(f) edge protection to prevent slipping off ramps
17
(g)
level landing same width as ramp and minimum of 60" in
length at top and bottom of ramp and at turn of ramp
Building Entrance:
(a) minimum of one principle entrance
(b) on an'accessible route
(c) level entry or sloped with a 32" non-revolving door
(d) minimum of 32" width
(e) entryway clear of obstacles
(f) hardware maximum height of 48" and push/pull type or
lever operated
(g) maximhLm of 8.5 lbf exterior hinged door, 5 lbf interior
hinged, sliding or folding
(h) maximum of .5" height With leveled edge and maximum slope
of 1:2
Elevators:
(a) minimum of one serving each level on an accessible route
-in a multi-story facility wherelevels are not connected
by ramps
(b) self-leveling with reopening devices
(c) doors remain open for 3 seconds
(d) minimum side opening of 51" x 58" and minimum front
opening of 51" x 80"
(e) centered maximum of 42" from floor and lighted
(f) control panel maximum of. 48" from floor with buttons
minimum of 3/4" and marked with raised characters
Lifts:
(a) may be used in lieu of elevator
(b) minimkL~ of 30" x 48"
(c) control panel maximum of 48"
parallel approach
(d) one hand operable
front approach and 54"
Toilets:
(a) on accessible route
(b) entrance door minimum of 32" with lever handle or
push/pull type hardware
(c) door closer 5 lbf maximum effort to open
(d) unobstructed space
(e) doors on stalls minimum of 32" and stalls minimum of 36"
(f) grab bars 33-36" high at back and side of co~mode, 1.25-
1.5" diameter, and 1.5" clear of wall
(g) co. ode seat 17-19" height
(h) toilet paper dispenser 19" minimum above floor
(i) lavatory maximum 34" height, drain and hot water pipes
insulated, and minimum 29" clearance below apron
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(j) mirror bottom 40" maximum above floor
(k) urinal basin opening maximum 17" from floor
(1) towel dispenser and disposal unit height 40" maximun
above floor
(m) faucet handles extended
10. Drinking Fountains=
(a) 50% of water fountains must be accessible on each floor;
if only one is available, it must be accessible
(b) on an accessible route
(.c). spout mounted 36" above floor
(d) controls mus= be operable with one hand without grasping
or twisting
(e) wall mounted.bottom of apron to floor 27" minimum; 'built
in 30" x 48" minimum in front of fountain
11. Warning Signals:
(a) If warning systems are provide~, both visual and audible
should be provided
(b) signals must be perceptible above prevailing sounds
(c) signals must be visual--flashing exit signs
12. Meeting Rooms and Conference Areas:
(a) are all rooms handicapped accessible
(b) minimum of three wheelchair locations in lieu of seats
(c) wheelchair locations must be on an accessible route
(d) wheelchair locations forward access must be a minimum of
48" long x 33" wide and side access must be a minimum of
60" long x 33" wide
(e) performing areas must be on an accessible route
(f) listening systems must be audio looped and radio
frequency acceptable
13. Public Telephones:
(a) minimumof one per floor if phones are installed ~.'
(b) on an accessible route with clear floor space 30" x 48"
(c) highest operable control 48" for front approach and 54"
for parallel approach
(d) control must be pushbuttons
(e) at least one phone shall generate a magnetic field and at
least one shall have a volume control for the hearing-
impaired
Defi~ition: Handicapped means wheelchair bound, mobility impaired,
hearing-impaired, deaf, and/or blind.
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ATTACHMENT B
SELF EVALUATION PLAN
&
TRANSITION PLAN
PREPARATION PARTICIPATING PARTIES
The below' listed individuals, bodies, organization, firms., or
individuals have participated in the preparation of the 'Transition
Plan based on results obtained from analysis of the completed Self
Evaluation Plan for each public facility.
Review of each facility deficiencies identified in the Self
Evaluation format was conducted with goals established for
correction to the maximum extent of the local government's
capability. Factors considered in assigning implementation time
fraumes include, but are not limited to, the number of know~
handicapped individuals currently residing in the jurisdiction, an
assessment of potential for future residence of 'handicapped
individuals, age and material condition of the facility, intended
use of the facility, potential for future use by handicapped
persons, type of changes necessary to achieve compliance, estimated
cost of achieving compliance, resource availability of the local
government to fund compliance .changes, techniques available to
obtain funding if not available, time frame estimates and/or
projections based on current need and funding or on projected need
and funding and any.other unique non-quantifible factors which may
enter the decision process.
It is herein emphasized that the goal of attaining full compliance
has been set and has been.the guiding criteria of the participants
listed.
Participating Parties:
City Manager
Grant Consultants from Clark, Roumelis and Associates, Inc.
2O
ATTACHHENT'C
TRANSITION PLAN
SECTION 504 COXPLIANCE
1. Facility: C~e? Mall
name/location
Bathrooms 9(a)Sel~ ilJuly 1997 City Council
Evaluatl°9
~ity 2 (a) self I July 1997 city council
Clerk's Evaluation
Counter Plan (Hei~)
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