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HomeMy WebLinkAboutAgenda - 06-21-1999 - 8tORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 8-t ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 1999 SUBJECT: Amendment to Cooperative Agreement with the U.S. Department of Housing and Urban Development DEPARTMENT: Human Rights and Relations ATTACHMENT(S): Correspondence from HUD Amendment to the Cooperative Agreement Oringinal cooperative Agreement (All items under separate cover) PUBLIC HEARING: (Y/N) INFORMATION CONTACT: Annette M. Moore TELEPHONE NUMBERS: - - ext. 2254 Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 227 -2031 PURPOSE: To approve an amendment to the Cooperative Agreement between Orange County and the U.S. Department of Housing and Urban Development (HUD) for services being performed as a Capacity Building Agency during FFY98/99. BACKGROUND: On September 29, 1998, the Board of Commissioners approved a Cooperative Agreement with HUD for the period beginning the first (1St) day of October 1998 to the thirtieth (30th) day of September 1999. On May 20, 1999, HUD amended the cooperative agreement, proposing that Capacity Building Agencies be funded at $115,000 in FFY '99, instead of the current amount of $100,000. FINANCIAL IMPACT: This amendment would authorize receipt of an additional $15,000 in revenue, if allocated by HUD. RECOMMENDATION(S): The manager recommends that the Board approve the amendment and authorize the Chair to sign the amendment. OV `, May 20, 1999 Ms. Annette M. Moore, Director Orange County Human Relations Commission P. O. Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Moore: U. S. Depantrnent of Housing and Urban Development Georgia State office Rkhard B. Russell Federal Building 75 Spring Street, S.W. Atlanta, Georgia 30303 -33M Q0:1/www.hud.gov) SUBJECT: Fair Housing Assistance Program Capacity Building Agreement — FY'98/99 MAY 2 1 19N Enclosed is one copy of the Amended 1998/9 Cooperative Agreement package for your files. Also enclosed are five (5) copies of the Form HUD 1044 for your original signature. After signing, retain one copy for your records along with the Cooperative Agreement package. Return the remaining four copies of the Form HUD 1044 to this office by EXPRESS MAIL WITHIN FIVE(5) DAYS OF RECEIPT TO: Gregory Bernard King, HUB Director U. S. Department of Housing and Urban Development Southeast/Caribbean Office of Fair Housing and Equal Opportunity Richard B. Russell Federal Building Room 230, 75 Spring Street, S.W. Atlanta, GA 30303 -3388 ATTENTION: Ophelia T. Dargan Also remember to complete the last page of the Agreement package that addresses your Product Deliverables, and include a copy when returning the 1044's. As discussed in the guidance provided to you earlier this month, the Capacity Building agencies will be funded at $115,000 in FY'99. The FY'99 Agreement will be amended to allow for the drawdown of these funds at the appropriate time. a Additionally, for the closeout of the FY'98 Agreement, you are to send a voucher for the remaining amount of $70,000 when returning the HUD Form 1044's. Include a report on all product deliverables that have been completed thus far during FY'98. If you have questions, you may contact your assigned Atlanta Monitor for information. IA Gregory Bernard King, Hub Director Southeast/Caribbean Office of Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development FUNDS RESERVATION & CONTRACT AUTHORITY 1A. NAME AND ADDRESS OF PROJECT IDENTIFICATION 18. PROJECT CONTRACT, IAA OR PURCHASE ORDER NUMBER Orange County Human Relations Commission FF204K984022 2. DATE OF PREPARATION P.O. Box 8181 Hillsborough, North Caroliana 27278 (Month, Day and Year) 04/23/99 3. RESERVATION NUMBER 4. NAME AND TITLE OF SOURCE OFFICER FHEO 04 -98 -4022 Gregory Bernard King, Hub Director 5. Funding an Accounting Classification COST CENTER SUB- OBJECT CLASS RESERVATION INCREASE NET APPROPRIATION OR FUND SYMBOL CODE CODE OUTSTANDING /Decrease/ AMOUNT A B C D E F 869/00144 115,000.00 115,000.0 NET TOTALS 115,000.00 115,000.0 6. Purpose of This Action (Check Applicable Box(es)) A. F-1 INITIAL RESERVATION B. ® INCREASE OR (Decrease) RESERVATION (Amendment Number 1 1 C. 0 CANCEL RESERVATION (Bracket Amount in 5E) D. 0 EXECUTE, AMEND OR WAIVE CONTRACT 7A. DESCRIPTION OF PROJECT 76. CONTRACT CONDITIONS I f any( Funds to assist State and local agencies in Agencies must be recognized as substantially processing fair housing complaints. equivalent or have agreement for interim referral of complaints. 8A. DATE (Mo., Day and Year) 86. SIGNATURE OF SOURCE OFFICER 9. To Be Completed by the Originating Office RECOMMENDATION AND AUTHORIZATION /KRpuivd /: In accordance with authority v"ted in or delegated to the undersigned; in consequence of provisions and requirements of appli- cable law; under deoisiom of record regarding the project or program identified in Block 16 above; and with determination that the actions in Block 5 an in the public interest, dwee actions are recomms and authorized herewith: A. RECOMMENDED ISipnaturr/ D. A RIZED /Siyno G ego ar Ring B. TITLE E. TITLE Hub Director, Southeast Caribbean Office of Fair Housing and Zcfual Opportunity C. DATE (Mo., Day & Year) F. DATE (Mo., Pay Ye r) G!i G. OFFICIAL PRESS RELEASE DATE (Month, Day and Yeah For Accounting Use Univ 0 FUNDS AVAILABLE RESERVATION RECORDED OR ADJUSTED TO AMOUNT SHOWN IN 5F By Date Previous Edina+ is Obsolete - - -- — HUD -718 (3-76) Assistance Award/ Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance instrument R] Cooperative Agreement Grant 2. T of Action Award a Amendment 3. Instrument Number FF204K984022 4. Amendment Number 1 6. Effective Dttjjhis /tgon S. Control Number O 3 99 7. Name and Address of Recipient 8. HUD Administering Office ORANGE COUNTY HUMAN RELATIONS COMMISSION HUB DIRECTOR, SE /CARIBBEAN OFFICE OF FHEO GEORGIA STATE OFFICE RM 230 75 P.O. BOX 8181 hILLSBOROUGJ, NORTH CAROLINA 27278 SPRING ST., S.W. ATLANTA, GEORGIA 30x303 -3388 Be. Name of Administrator GREGORY BERNARD KING 18b. Telephone Number (404)331 -5140 10. Recipient Project Manager Annette M. Moore, Director 9. HUD Government Technical Representative FANNY CHESTNUT - HAIRSTON 11. Assistance F1Cost Arrangement Reimbursement 12. Payment Method Treasury Check Reimbursement 13. HUD Payment Office CFO 7 Cost Sharing Advance Check ACCOUNTING CENTER P.O. BOX 2905, FT-WORTH, TX 76113 -2905 0 Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 100 000.0 15a. A opriatian Number 15b. Reservation Number 869%0144 IFHEO-98-4022 HUD Amount this action $ 115 000.0 Total HUD Amount $ 215,000.00 Amount Previously Obligated $ 100 000.00 Recipient Amount $ Obligation by this action' $ 115 000.00 Total Instrument Amount t a n..M...a.... $ 215, 000.0 Total Obligation $ 215, 000.00 CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Precedence: Notwithstanding tany provision to the contrary, in the event of a conflict among an of the documents pertaining o the duties and res nsibilities of the parties, the Statement of Work shall take precedence over the Schedule ofoArticles. The FY199 Cooperative Agreement will be $115,000 for Capacity Building agency. 17. 0Recipient is required to sign and return three (3) copies 18, of this document to the HUD Administering Office. Recipient is not required to sign this document. 19. Recipient (By Name): 20. HUD (By Name): Signature & Title: Date: Signature s: Date: / Gre or B n �inc, C AO �` �• Previous editions are obsolete form HUD -1044 (8190) ref. Handbook 2210.17 I Assistance Award/ ' Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2. T of Action Cooperative Agreement F-1 Grant Award F Amendment 1 Amendment Number 5. Effective D�4of2his 6. Control Number FF204 98 022 /9cgian 7. Name and Address of Recipient S. HUD Administering Office HUB DIRECTOR, SE CARIBBEAN OFFICE OF FHEO ORANGE COUNTY HUMAN P.O. BOX 8181 RELATIONS COMMISSION GEORGIA STATE OFFICE RM 230 75 SPRING ST., S.W. ATLANTA, GEORGIA 30503 -3388 hILLSBOROUGJ, NORTH CAROLINA 27278 So. Name of Administrator 8b. Telephone Number GREGORY BERNARD RING (404)331 -5140 10. Recipient Project Manager 9. HUD Government Technical Representative Annette M. Moore, Director FANNY CHESTNUT — HAIRSTON 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office Cost Reimbursement Treasury Check Reimbursement CFO Cost Sharing F] Advance Check ACCOUNTING CENTER P.O. BOX 2905, FT.WORTH, TX 76113 -2905 Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting nd Appropriation ppropriation Dats Previous HUD Amount $ 100 000.0 15a. A propriatian Number 15b. Reservation Number 869 %0144 FHEO -98 -4022 HUD Amount this action $ 115 000.0 Total HUD Amount $ 215 000.0 Amount Previously Obligated $ 100.000.00 Recipient Amount $ Obligation by this action $ 115.000.00 Total Instrument Amount $ 215,000.00 Total Obligation $ 215,000.00 10. NeeG"pugn CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Precedence: Notwithstanding any provision to the contrary, in the event of a conflict among an of the documents pertaining to the duties and res nsibilities of the parties, the Statement of Work shall take precedence over the Schedule o Articles. The FY'99 Cooperative Agreement will be $115,000 for Capacity Building agency. 17. [:] Recipient is required to slgn and return three (3) copies 18. Recipient is not required to sign this document. of this document to the HUD Administering Office. 19. Recipient (By Name): 20. HUD IBy Name): Signature ✓k Title: Date: Signature e: Date: Greg ory n Ring, CAO Q� Previous editions are obsolete u form 14UD -1044 18/90) ref. Handbook 2210.17 Assistance Award/ Amendment U.S. Department of Housing and Urban Development Office of Administration 0 rJ 1. Assistance Instrument 2. T of Action KCooperative Agreement Grant Award X❑ Amendment 3. Instrument 4 Amendment Number S. Effective Dete412tthis S. Control Number FF204 984022 /Action 7. Name and Address of Recipient 8. HUD Administering Office HUB DIRECTOR, SE CARIBBEAN OFFICE OF FHEO ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE RM 230 75 SPRING ST., S.W. P.O. BOX 8181 ATLANTA, GEORGIA 30503 -3388 hILLSBOROUGJ, NORTH CAROLINA 27278 8a. Name of Administrator 8b. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Recipient Project Manager 9. HUD Government Technical Representative Annette M. Moore, Director FANNY CHESTNUT — HAIRSTON 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office Cost Reimbursement Treasury Check Reimbursement Cost Sharing Advance Check CFO ACCOUNTING CENTER P.O. BOX 2905, FT.WORTH, TX 76113 -2905 ❑ Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 100,000.00 158• A opriation Number 15b. Reservation Number 86§7&0144 F HUD Amount this action $ 115 000.0 Total HUD Amount $ 215,00b.00 Amount Previously Obligated $ 100, 000.00 Recipient Amount $ Obligation by this action $ 115.000.00 Total Instrument Amount $ 215,000.oq Total Obligation $ 215,000.00 16. Description CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Precedence: Notwithstanding any provision to the contrary, in the event of a conflict among an of the documents pertaining to the duties and res nsibilities of the parties, the Statement of Work shall take precedence over the Schedule o Articles. The FY'99 Cooperative Agreement will be $115,000 for Capacity Building agency. 17. Recipient is required to sign and return three (3) copies 18. Recipient is not required to sign this document. of this document to the HUD Administering Office. 19. Recipient ley Name): 20. HUD (By Name): Signature & Title: Date: Signature Z- Date: Previous editions are obsolete v form HUD -1044 18/90) ref. Handbook 2210.17 Assistance Award/ Amendment U.S. Department of Housing and Urban Development Affina of Administration 1. Assistance Instrument 2. T of Action Award X❑ Amendment aCooperative Agreement Grant 3. Instrument Number 4. Amendment Number 6. Effective D s o s AAc ion �4��/9� 8. Control Number FF204K984022 1 7. Name and Address of Recipient S. HUD Administering Office HUB DIRECTOR, SE CARIBBEAN OFFICE OF FHEO ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE RM 230 75 SPRING ST., S.W. P.O. BOX 8181 ATLANTA, GEORGIA 30503 -3388 hILLSBOROUGJ, NORTH CAROLINA 27278 Sa. Name of Administrator Bb. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Recipient Project Manager Annette M. Moore, Director 9. HUD Government Technical Representative FANNY CHESTNUT — HAIRSTON 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office Cost Reimbursement Treasury Check Reimbursement CHUD FO ACCOUNTING CENTER Cost Sharing F� Advance Check P.O. BOX 2905, FT.WORTH, TX 76113 -2905 Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 100 000. 00. 15a• A priation Number 15b. Reservation Number 869 %&0144 FHEO -98 -4022 HUD Amount this action $ 115 000.0 Amount Previously Obligated $ 100, 000.00 Total HUD Amount $ 215,000.00 Recipient Amount $ Obligation by this action $ 115,000.00 Total Instrument Amount $ 215,000.0 Total Obligation $ 215,000.00 16. Description CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Precedence: Notwithstanding any provision to the contrary, in the event of a conflict among an of the documents pertaining to the duties and res nsibilities of the parties, the Statement of Work shall take precedence over the Schedule oArticles. The FY199 Cooperative Agreement will be $115,000 for Capacity Building agency. 17, Recipient is required to sign and return three (3) copies 8 of this document to the HUD Administering Office. Recipient is not required to sign this document. 19. Recipient ley Name): 20. HUD (By Name): Signature a Title: Date: Signature Date: o B n p oG Grea a Previous editions are obsolete form HUD - 1044(8/90) ref. Handbook 2210.17 Assistance Award/ U.S. Department of Housing Amendment and Urban Development Office of Administration 1. Assistance Instrument 2. T of Action X❑ Cooperative Agreement Grant Award Amendment 4 Amendment Number S. Effective Det ftsf 8. Contrd Number P'F204K98 022 J 9Jon 7. Name and Address of Recipient S. HUD Administering Office HUB DIRECTOR, SE CARIBBEAN OFFICE OF FHEO ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE RM 230 75 SPRING ST., S.W. P.O. BOX 8181 ATLANTA, GEORGIA 30503 -3388 hILLSBOROUGJ, NORTH CAROLINA 27278 8a. Nams of Administrator 8b. Telephone Number GREGORY BERNARD RING (404)331 -5140 10. Recipient Project Manager 9. HUD Government Technical Representative Annette M. Moore, Director FANNY CHESTNUT- HAIRSTON 11. Assistance Arrangement 12. Psyment Method 13. HUD Payment Office Cost Reimbursement Treasury Check Reimbursement FCiUD Cost Sharing Advance Check ACCOUNTING CENTER P.O. BOX 2905, FT.WORTH, TX 76113 -2905 Fixed Price a Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 100 000.0 15a. A �+ation Number ISb. Reservation Number 86%0144 IPHEO-98-4022 HUD Amount this action $ 115 000.0 Total HUD Amount $ 215 000.0 Amount Previously Obligated $ 100, 000.00 Recipient Amount $ Obligation by this action $ 115,000.00 Total Instrument Amount $ 215, 000.0 Total Obligation $ 215, 000.00 18. Description CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause S. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Precedence: Notwithstanding any provision to the contrary, in the event of a conflict among an of the documents pertaining to the duties and res nsibil.ities of the parties, the Statement of Work shall take precedence over the Schedule o Articles. The FY -99 Cooperative Agreement will be $115,000 for Capacity Building agency. 17. Recipient is required to sign and return three (3) copies 18.0 Recipient is not required to sign this document. of this document to the HUD Administering Office. 19. Recipient ley Name): 20. HUD (By Name): Signature It Tide: Date: Signature s: Dots: Greaory B na Ring, CAO �/�y/99 Previous editions are obsolete form HUD -1044 (8/90) ref. Handbook 2210.17 CAPACITY BUILDING AGREEMENT FY' 98/' 99 SCHEDULE OF ARTICLES 1. SCOPE OF WORK (FIXED PRICE) 2. PERIOD OF PERFORMANCE 3. INSPECTION AND ACCEPTANCE 4. CONDUCT OF WORK 5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT 6. USE OF COOPERATIVE AGREEMENT FUNDS 7. MAINTENANCE OF EFFORT 8. HUD'S SUBSTANTIAL INVOLVEMENT 9. ASSURANCES 10. USE OF CONSULTANTS 11. PUBLICATIONS AND NEWS RELEASES 12. REPRODUCTION OF REPORTS 13. FLOW DOWN PROVISIONS 14. DISPUTES APPENDIX AND ATTACHMENTS APPENDIX A - STATEMENT OF WORK (CAPACITY BUILDING AGENCIES ONLY) ATTACHMENTS ATTACHMENT A - CRITERIA FOR PROCESSING ATTACHMENT B - PART 115 ATTACHMENT C - INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF DIRECT DEPOSIT SIGN -UP FORM (SF- 1199A) AND INSTRUCTIONS FOR THE LOCCS VOICE RESPONSE SYSTEM ACCESS ATTACHMENT D - PART 85 1. SCOPE OF WORK (FIXED PRICE) The Recipient (or Agency) shall furnish all the necessary personnel, materials, services, equipment, facilities, (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work and all Attachments for the firm fixed price set forth herein. Including, but not limited to, identifying staff assigned to carry out fair housing activities by name, position, salary, percentage of time spent carrying out fair housing responsibilities, and experience. 2. PERIOD OF PERFORMANCE The Recipient shall provide all services hereunder for the period ending April 23, 1999 for FY198 funds disbursement and September 21, 1999 for FY199 funds disbursement. 3. INSPECTION AND ACCEPTANCE Inspection and acceptance of all but the final products may be accomplished by the Government Technical Monitors (GTMs), if so delegated. Final acceptance is the responsibility of the Government Technical Representative (GTR). 4. CONDUCT OF WORK A. During the effective period of this instrument, the GTR and /or the GTM identified in Block 9 of the cover page shall be responsible for monitoring the technical effort of the Recipient, unless the Recipient is notified in writing by the Grant /Cooperative Agreement Officer (G /CAO) of a replacement. B. Only the G /CAO identified in Block 8a has the power to authorize deviations from this instrument, including deviations from the Statement of Work. In the event the Recipient does deviate without written approval of the G /CAO, such deviation shall be at the risk of the Recipient, and any costs related thereto shall be borne by the Recipient. 5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT A. The maximum amount for performance under the Statement of Work and all other requirements of this instrument is $100,000 for payments for activities carried out under the FY'98 funds and $115,000 for activities carried out under the FY'99 funds to support the Agency's fair housing efforts in accordance with Appendix A, Statement of Work. Payments shall be made in accordance with paragraph B, below. B. DATE FOR RECIPIENT'S CAPACITY VOUCHER PERIODS IN LOCCS BUILDING AMOUNT April 23, 1999 or as soon thereafter as possible 30 days after the closeout of the FY198 CB Agreement 60 days after first award of FY199 funds disbursed 30 days after receipt of second award of FYI 99 funds but not later than 9/21/99 100% of FYI 98 CB funds remaining 50% of FY199 CB award amount 30% of remaining FY199 funds 20% (all funds remaining) of FY' 99 funds remaining C. The Recipient shall follow the instructions provided by the GTR /GTM for using the Line of Line of Credit Control System ( LOCCS) for vouchering under this Cooperative Agreement in accordance with the time periods stipulated above. Payment may be withheld if it is the judgment of the GTR /GTM that the Recipient is not complying with all terms of the Cooperative Agreement, Statement of Work, and all Attachments hereto. D. The Recipient shall submit a Narrative Report when a draw down is requested. The Report for Capacity Building agencies should provide information on the Agency's investigative and conciliation techniques, performance criteria; and, the deliverables due as described in the Recipient's funding application and the Statement of Work as approved by the GTR and G /CAO. Any Reports for data and information systems should be accompanied by a listing of all hardware and software acquired during the billing period. The Agency should also provide an education and outreach plan for-the review and approval of the GTR /GTM for projects expected to be carried out. E. The Criteria for Processing are hereby incorporated as Attachment A, FY198, to the Schedule of Articles. The Criteria for Processing has not been changed for the implementation of the FY199 FHAP guidance. F. The Administrative Requirements for Grants and Cooperative Agreements (Part 85) are hereby incorporated as Attachment D to the Schedule of Articles. G. The Government shall remit all payments to the following address on the depository form: AGENCY TO PROVIDE NAME AND ADDRESS OF FINANCIAL INSTITUTION TO GTR AND GTM 6. USE OF COOPERATIVE AGREEMENT FUNDS The Agency is entitled to receive the fixed amount stated in the Cooperative Agreement for satisfactory completion of the work to be performed regardless of costs incurred. However, the program regulations and this Schedule of Articles require that all activities for which FHAP funds are used must address, or have relevance to, matters affecting fair housing which are cognizable under the Fair Housing Act (42 U.S.C. 3600 -19) . 7. MAINTENANCE OF EFFORT The Agency must not unilaterally reduce the level of financial resources currently committed to fair housing complaint processing. Budget and staff reductions occasioned by legislative action outside the control of the Agency will not, alone, result in a determination of ineligibility. However, HUD will take such actions into consideration in assessing the ongoing viability of an Agency's fair housing program. 8. HUD'S SUBSTANTIAL INVOLVEMENT A. HUD intends to have substantial involvement in the review and approval of all aspects of the work to be carried out as a result of an award under this agreement. B. Anticipated substantial involvement shall include, but not be limited to the following: 1. Review and guidance in progress and upon completion of case investigations; 2. Requests for additional information on cases dual -filed to provide clarification or for completeness of a case investigation or file; 3. Development and presentation of National and /or field office location fair housing investigative training; 4. Participation in the development and presentation of in -house investigative training; 5. Participation in presentation of education and outreach programs; 6. Provision of appropriate directives and guidance on case processing; and 7. Assistance in the investigation, settlement, and /or enforcement of fair housing cases dual -filed with the Department. 9. ASSURANCES The Recipient of FHAP funds agrees that it will not engage in any discriminatory actions in its administration of or in its employment and treatment of employees and /or clients and makes the following assurances to HUD as a condition for the receipt of FHAP funds. The Recipient also assures that it will. 1. Provide a drug -free workplace; 2. Cause to be performed required financial and compliance audits in accordance with the Single Audit Act; 3. Comply with the provisions of the Hatch Act (5 U.S.C.) Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with Federal funds; 4. Establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain; 5. Comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F); 6. Comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability; or (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; 7. Comply with all applicable requirements of all Federal laws, executive orders, regulations, and policies governing this program; and 8. Comply with the requirements of the Resource Conservation and Recovery Act which mandates that State agencies using Federal funds have procurement programs which give preference to products containing recycled materials when purchasing specific products identified in guidelines developed by the Environmental Protection Agency (40 CFR 247 -253). 10. USE OF CONSULTANTS Salary payments to consultants under this instrument shall be based on their current salary as evidenced by current pay vouchers and shall not exceed the equivalent of the maximum daily rate paid to GS 15 Step 1 Federal employees. Further guidance on procurement actions which the Recipient is required to follow under this instrument is contained in 24 CFR Part 85.36 (Attachment C to this Cooperative Agreement). 11. PUBLICATIONS AND NEWS RELEASES A. Definition. For the purpose of this clause "publication" includes: 1. Any document containing information for public consumption; or 2. Any act of, or any act which may result in, disclosing information to the public. B. The results of any education and outreach efforts of the Agency can be made available to the public through dedication, assignment by the Government, or other such means as the Secretary may determine. C. Government Ownership of Official Products of Work All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, computer tapes, and any other physical materials and products produced directly under the Statement of Work of this instrument are considered Official Products of Work, owned by the U.S. Government and held for the benefit of the public. D. Publication of Official Products of Work Official Products of Work, quotations therefrom, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the Recipient shall be free to publish without HUD approval. E. Acknowledgment and Disclaimer All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of this instrument, when published by Recipient or other participants in the work, shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under a Cooperative Agreement with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." F. Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this instrument that may be made by the Recipient or its staff, or any subcontractor or other person or organization participating in the work of this instrument shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with Paragraph E, above. The Recipient agrees that no news releases, publications, studies, or other products involving FHAP funded activities will be released to the public without prior HUD approval. The Recipient further agrees that it will submit any press release /news announcement, study and /or other product developed as part of the grant funded activities to the GTR for review and approval at least two weeks prior to its release, unless HUD agrees to waive the at least two weeks submission requirement. Publications, flyers and other routine documents previously approved by the GTR and /or the Department may be published without further HUD approval. 12. REPRODUCTION OF REPORTS In accordance with Government Printing and Binding Regulations, reproduction of reports, data or other written materials, if required herein, is authorized provided that the materials produced do not exceed 5,000 production units of any page and the items consisting of multiple pages do not exceed 25,000 production units in aggregate. 13. FLOW DOWN PROVISIONS The Recipient shall include provisions to carry out the purposes of this instrument in all contracts of employment with persons who perform any part of the work under this instrument, and with all subcontractors and other persons or organizations participating in any part of the work under this instrument. There shall be provisions for a further flow down of such requirements to each subtier of employees and subcontractors to the extent feasible. 14. DISPUTES During performance of the instrument, disagreements may arise between the Recipient and the GTR on various issues, such as the acceptability of complaints forwarded for approval. If a dispute concerning a question of fact arises, the G /CAO shall be the final authority on the matter and shall prepare a final decision, taking into account all facts and documentation presented. The decision of G /CAO shall be communicated to the Recipient. CAPACITY BUILDING AGREEMENT APPENDIX A - FY198/199 STATEMENT OF WORK A. GENERAL REQUIREMENTS The Recipient agrees to process those housing discrimination complaints arising within its jurisdiction, except as otherwise stated in this Statement of Work. The Recipient agrees to cooperate with HUD in handling and processing housing discrimination complaints filed under the Fair Housing Act and the fair housing law enforced by the Agency in accordance with the Interim Agreement and any amendments or revisions thereto executed during the course of this agreement by the signatories. The Recipient agrees to implement appropriate directives provided to it by the Department. The Recipient agrees to follow HUD's Technical Guidance,in processing all dual -filed complaints vouchered for under this Cooperative Agreement until the Department rescinds the requirement in writing to the Recipient. The Recipient agrees to furnish all staffing information as required by Article 1 of this Cooperative Agreement. The Recipient may be required to participate in customer satisfaction research and evaluation activities under this Cooperative Agreement. The Recipient agrees to furnish all information collected from its customers to HUD in a form to be defined by the Department. B. CAPACITY BUILDING The Recipient agrees to develop a complaint processing capability sufficient to enable the Recipient to process all housing discrimination complaints arising under its jurisdiction in future years. The Recipient also agrees to process housing discrimination complaints in accordance with A. above, General Requirements, and in accordance with the Criteria for Processing which are incorporated herein as Attachment A to the Schedule of Articles. The Recipient further agrees to implement the Capacity Building activities set forth in its application for funding. A list of product deliverables and timetables is at the end of this Statement of Work. C. REPORTING REQUIREMENTS The Recipient agrees to provide the GTR /GTM timely information on the progress of all dual -filed cases providing the information required using a data and information system agreed to and accepted by the GTR. D. TRAINING The Recipient agrees to participate in mandatory FHAP training sponsored by HUD. The mandatory training will require Agency attendance in HUD- sponsored field office training and, if held, during this funding cycle, the National policy conference. The Recipient also agrees to train at least one staff person on data and information systems and design and implement education and outreach activities during its Capacity Building period. CAPACITY BUILDING PRODUCTS PRODUCT DELIVERABLES 1. 2. 3. 4. 5. DATE DUE 1 /Z (CONTINUE TO LIST ALL SIGNIFICANT WORK PRODUCTS IN THE APPLICATION AND A DUE DATE FOR COMPLETION AS SET FORTH IN THE TIMETABLE). Approved Approved Government Technical Monitor Government Technical Representative .,da"ra. U. 3. Departim*nt of Hooasing and Urban Development d t • r Georgia State Office ,/►.f Richard B. Russell Federal Building '`wowOr 75 Spring Street, S.W. Atlanta, Georgia 30303-3388 (http: /Avww. hud. gov) September 21, 1998 -tSEP 23 :! Dear: EXECUTIVE DIRECTOR OF THE FAIR HOUSING i ORANGE COUNTY DEFE OF ASSISTANCE PROGRAM (FHAP) AGENCY HUM -0 RIGHTS & REtAB"'N s SUBJECT: TAG #59: FUNDING OF FY'98 COOPERATIVE AGREEMENTS Enclosed is one copy of the 1998/9 Cooperative Agreement package for your files. Also enclosed are five (5) copies of the Form HUD 1044 for your original signature. Included in the Attachments at Attachment C are five (5) copies OMB Standard Assurances - SF 4248, Drug Free Certification which should also be signed Retain one copy for your records, and return the remaining four. You may also retain the remaining Attachments to the Cooperative Agreement package, however, the Form HUD 1044 and Attachment C should be returned to this office by EXPRESS MAIL to: Gregory Bernard King, Hub Director U. S. Department of Housing and Urban Development Southeast/Caribbean Office of Fair Housing and Equal Opportunity Richard B. Russell Federal Building Room 230, 75 Spring Street, S. W. Atlanta, GA 30303 -3388 In our efforts to obligate funds before the end of this fiscal year, this agreement covers funding for CASE PROCESSING and TRAINING (Agency/HUD Sponsored). Your lump sum Cooperative Agreement amount either includes $15,000.00 or $20,000.00 for training depending upon the number of employees you identified as being trained, i.e., 3-6 or 7 -10. As you will note, this year's funding principles include funds for Training, Administrativemst and Special Enforcement Efforts. Eligibility for these funds require documentation from the agencies to establish the level of funding. Therefore, this Cooperative Agreement will be amended to include new 1998 /9 funding for Administrative Costs and Special Enforcement Efforts funding. Training funds have been included in the enclosed Agreement, however, documentation for all training will be necessary in order for the payment to be approved. Capacity Building agencies are not eligible for the aforementioned funds. We have included with this letter a list of the eligibility requirements for your information. An amended agreement will be formulated after verification or documentation of eligibility. Should you have any questions, please call your assigned monitor. Sincerely yours, *Gre and King, Hub Director Southeast/Caribbean Office of Fair Housing and Equal Opportunity Enclosures Assistance Awara/ Amendment U.S. D,apartment of Housing and Urban Development Office of Administration 1. Assistsnea Instrument XO Cooperative Agreement Fl Grant 2. T of Action L^J Award Amendment 3. instrument Number FF204K984O22 4. Amendment Number S. Effective Oat* this ction 8. Control Number 10%01%98 Name and Address of Recipient 8. HUD Administering Office HUB DIRECTOR, SE /CARIBBEAN OFFICE OF FHEO ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE,RM 230 75 SPRING ST., S.W. P.O. BOX 8181 INILLSBOROUGN, NORTH CAROLINA 27278 ATLANTA, GEORGIA 30303 -3388 75 Spring Street 8a. Name of Administrator 8b. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Recipient Project Manager 9. HUD Government Technical Repiesentative LUCKY LEWIS, DIRECTOR FANNY CHESTNUT- HAIRSTON 11. Assistance Arrangement 12. Pavtnant mathed 13. HUD Payment Offlce Cost Reimbursement Treasury CheckReinburwnwa U.S - DEPT - OF HU8, SBATTLB FEDERL OFFICE BLDG. Cost Sharing H n Advance Check 909 FIRST AVENUE SUITE 200 SEATTLE, WA 98154 -1000 Fixed Price rL�Jt Automated ClosOnghouse 14. Assistance Amount IS. HUD Accoun*W and Appropriation Date Previous HUD Amount $ 1 Go. Appropriation Number 1 Sb. Reservation Nurnber 868/90144 IFREO-98-4022 HUD Amount this action $ 100 000.0 Total HUD Amount $ 100 000.0 Amount Previously Obligated $ 100 000.00 Recipient Amount $ Obligation by this action $ Total Instrument Amount $ 100,000.001 Total Obligation $ 100, 000.00 CAPACITY BUILDING AGREEMENT FY198 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) -`tis agreement consists of the following, which incorporated herein and ide a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Prededence: Notwithstanding any pprovision to the contrarryY in the event of a conflict among an of the documents pertaining to the duties and res nsibil� ties of the parties, the Statement of Work shall take precedence over the Schedule or Articles. ' LJRecipient is required to s�ign� and return three (3) copies 18 of this document to the NU0 Administering Office. Recipient is not required to sign this document. 19. Reelpi*nt fay Namel: 20. HUD (ey Name): Signature S Title: Date: Sign4daig& Thta: Date: Previous editions are obsolete - - - - - - - — form HUD-1044 (8 /80) ref. Handbook 2210.17 CAPACITY BUILDING AGREEMENT FY'98 SCHEDULE OF ARTICLES 1. SCOPE OF WORK (FIXED PRICE) 2. PERIOD OF PERFORMANCE 3. INSPECTION .AND. ACCEPTANCE 4. CONDUCT OF WORK S. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT 6. USE OF COOPERATIVE AGREEMENT FUNDS 7. MAINTENANCE OF EFFORT 8. HUD'S SUBSTANTIAL INVOLVEMENT 9. ASSURANCES 10. USE OF CONSULTANTS 11. PUBLICATIONS AND NEWS RELEASES 12. REPRODUCTION OF REPORTS 13. FLOW DOWN PROVISIONS 14. DISPUTES APPENDIX AND ATTACHMENTS APPENDIX A - STATEMENT OF WORK (CAPACITY BUILDING AGENCIES ONLY) ATTACHMENTS ATTACHMENT A - CRITERIA FOR PROCESSING -- ATTACHMENT B - PART 115 ATTACHMENT C - INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF DIRECT DEPOSIT SIGN -UP FORM (SF- 1199A) AND INSTRUCTIONS FOR THE LOCCS VOICE RESPONSE SYSTEM ACCESS ATTACHMENT D - PART 85 1. SCOPE OF WORK (FIXED PRICE) The Recipient (or Agency) shall furnish all the necessary personnel, materials, services, equipment, facilities, (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work and all Attachments for the firm fixed price set forth herein. Including, but not limited to, identifying staff assigned to carry out fair housing activities by name, position, salary, percentage of time spent carrying out fair housing responsibilities, and experience. 2. PERIOD OF PERFORMANCE The Recipient shall provide all services hereunder for a period not to exceed twelve (12) months from the effective date of the instrument. 3. INSPECTION AND ACCEPTANCE Inspection and acceptance of all but the final products may be accomplished by the Government Technical Monitors (GTMs), if so delegated. Final acceptance is the responsibility of the regional Government Technical Representative (GTR). 4. CONDUCT OF WORK During the effective period of this instrument, the GTR and /or the GTM identified in Block 9 of the cover page shall be responsible for monitoring the technical effort of the Recipient, unless the Recipient is notified in writing by the Grant /Cooperative Agreement Officer (G /CAO) of a replacement. B. Only the G /CAO identified in Block 8a has the power to authorize deviations from this instrument, including , deviations from the Statement of Work. In the event the Recipient does deviate without written approval of the G /CAO, such deviation shall be at the risk of the Recipient, and any costs related thereto shall be borne by the _ Recipient. 5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT A. The maximum amount for performance under the Statement of Work and all other requirements of this instrument is $100,000 to support the agency's fair housing efforts in accordance with Appendix A, Statement of Work. Payments shall be made in accordance with paragraph B, below. B. DATE FOR RECIPIENT'S VOUCHER PERIODS IN LOCCS 70 days after the effective date of instrume nt 120 Days after the effective date of instrument 250 days after the effective date of instrument Final submission on or before the completion date of instrument CAPACITY BUILDING AMOUNT 30% of Capacity Building Amount 30% of Capacity Building Amount 30% of Capacity Building Amount 10% of Capacity Building Amount C. The Recipient shall follow the instructions provided by the GTR /GTM for using the Line of Line of Credit Control system (LOCCS) for vouchering under this Cooperative Agreement in. accordance with the time periods stipulated above. Payment may be withheld if it is the judgment of the GTR /GTM that the Recipient is not complying with all terms of the Cooperative Agreement, Statement of Work, and all Attachments hereto. D. The Recipient shall submit a Narrative Report when a draw down is requested. The Report for Capacity n Building agencies should provide information on the agency's investigative and conciliation techniques, performance criteria; and, the deliverables due as described in the Recipient's funding application and the Statement of Work as approved by the GTR and G /CAO. Any Reports for data and information systems should be accompanied by a listing of all hardware and software acquired during the billing period. The agency should _also provide an education and outreach plan for the review and approval of the GTR /GTM. covered project. E. The Criteria for Processing are hereby incorporated as Attachment At FY'981 to the Schedule of Articles. F. The Administrative Requirements for Grants and Cooperative Agreements (Part 85) are hereby incorporated as Attachment D to the Schedule of Articles. 6. 7. G. The Government shall remit all payments to the following address on the depository form: ICY TO PRO VI EW NAM AND ADZEWS OF FINANCIAL INSTITUTICK rO GTR AND &Mt USE OF COOPERATIVE AGREEMENT FUNDS The Agency is entitled to receive the fixed amount stated in the Cooperative Agreement for satisfactory completion of the work to be performed regardless of costs incurred. However, the program regulations and this Schedule of Articles require that all activities for which FHAP funds are used must address, or have relevance to, matters affecting fair housing which are cognizable under the Fair Housing Act (42 U.S.C. 3600 -19). MAINTENANCE OF EFFORT The Agency must.not unilaterally reduce the level of fin+nial resources currently committed to fair housing complaint processing. Budget and staff reductions occasioned by legislative action outside the control of the agency will not, alone, result in a determination of ineligibility. However, HUD will take such actions into consideration in assessing the ongoing viability of an Agency's fair housing program. S. HUD'S SUBSTANTIAL INVOLVEMENT A. HUD intends to have substantial involvement in the review and approval of all aspects of the work to be carried out as a result of an award under this agreement. B. Anticipated substantial involvement shall include, but not be limited to the following: 1. Review and guidance in progress and upon completion of case investigations; 2. Requests for additional information on cases dual -filed to provide clarification or for completeness of a case investigation or -file; 3. Development and presentation of National and /or field office location fair housing investigative training; 4. Participation in the development and presentation of in- house investigative training; 5. Participation in presentation of education and outreach programs; and 6. Provision of appropriate directives and guidance on case processing. 9. ASSURANCES The Recipient of FHAP funds agrees that it will not engage in any discriminatory actions in its administration of or in its employment and treatment of employees and /or clients and makes the following assurances to HUD as a condition for the receipt of FHAP funds. The Recipient also assures that it will. 1. Provide a drug -free workplace; 2. Cause to be performed required financial and compliance audits in accordance with the Single Audit Act; 3. Comply with the provisions of the Hatch Act (5 U.S.C.) Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with Federal funds; 4. Establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain; 5. Comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F); 6. Comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation-Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 - 6107), which prohibits discrimination on the basis of age; 7. Comply with all applicable requirements of all Federal laws, executive orders, regulations, and policies governing this program; and 8. Comply with the requirements of the Resource Conservation and Recovery Act which mandates that State agencies using Federal funds have procurement programs which give preference to products containing recycled materials when purchasing specific products identified in guidelines developed by the Environmental Protection Agency (40 CFR 247 -253). 10. USE OF CONSULTANTS As required by HUD's Appropriations Act, salary payments to consultants under this instrument shall not exceed the equivalent of the maximum daily rate paid to SES Level 4 Federal employees. Further guidance on procurement actions which the Recipient is required to follow under this instrument is contained in 24 CFR Part 85.36 (Attachment C to this cooperative agreement). 11. PUBLICATIONS AND NEWS RELEASES A. Definition. .For the purpose of this clause "publication" includes: 1. Any document containing information for public consumption; or 2. Any act of, or ariy.act which may result in, disclosing information to the public. B. The results of any education and outreach efforts of the agency can be made available to the public through dedication, assignment by the Government, or other such means as the Secretary may determine. C. Government Ownership of Official Products of Work All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets-, survey instruments, computer tapes, and any other physical materials and products produced directly under the Statement of Work of this instrument are considered official Products of Work, owned by the O.S. Government and held for the benefit of the public. D. Publication of Official Products of Work Official Products of Work, quotations therefrom, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the Recipient shall be free to publish without HUD approval. E. Acknowledgment and Disclaimer All Official Products of'Work, or any part thereof,.and any Independent Products and Special Products arising out of this instrument, when published by Recipient or other participants in the work, shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under a Cooperative Agreement with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government.a F. Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this instrument that may be made by the Recipient. or its staff, or any subcontractor or other person or organization participating in the work of this instrument shall be provided to the GTR for approval at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with Paragraph E, above. 12. REPRODUCTION OF REPORTS In accordance with Government Printing.and Binding Regulations, reproduction of reports, data or other written materials, if required herein, is authorized provided that the materials produced do not exceed 5,000 production units of any page and the items consisting of multiple pages.do not exceed 25,000 production units in aggregate. 13. FIAR DOWN PROVISIONS The Recipient shall include provisions to carry out the purposes of this instrument in all contracts of employment with persons who perform any part of the work under this instrument, and With all subcontractors and other persons or organizations participating in any part of the work under this instrument. There shall be provisions for a further flow down of such requirements to each subtier of emiployees and subcontractors to the extent feasible. 14. DISPUTES •- During performance of the instrument, disagreements may arise between the Recipient and the GTR on various issues, such as the acceptability of complaints forwarded for approval. If a dispute concerning a question of fact arises, the G /GAO shall be the final authority on the matter and shall prepare a final decision, taking into account all facts and documentation presented. The decision.of G /CAO shall be communicated to the Recipient. CAPACITY BUILDING AGREEMENT APPENDIX A - FY'98 STATEMENT OF WORK A. GENERAL REQUIREMENTS The'Recipient agrees to process those housing discrimination complaints arising within its jurisdiction, except as otherwise stated in this Statement of Work.- The Recipient agrees to cooperate with HUD in handling and processing housing discrimination complaints filed under the Fair Housing Act and the fair housing law enforced by the agency in accordance with the Memorandum of Understanding or Interim —Agreement and any- amendments or revisions thereto executed during the course of this agreement by the signatories. The Recipient agrees to implement appropriate directives provided to it by the Department. The Recipient agrees to follow HUD's Technical Guidance in processing all dual -filed complaints vouchered for under this Cooperative Agreement until the Department rescinds the requirement in writing to the Recipient. The Recipient agrees to furnish all staffing information as required by Article 1 of this Cooperative Agreement. The Recipient may be required to participate in customer satisfaction research and evaluation activities under this cooperative agreement. The Recipient agrees to furnish all information collected from its customers to HUD in a form to be defined by the Department. B. CAPACITY BUILDING The Recipient agrees to develop a complaint processing capability sufficient to enable the Recipient to process all housing_.siiscrimination complaints arising under its jurisdiction in future years. The Recipient also agrees to process hoii'sing discrimination complaints in accordance with A. above, General Requirements, and in accordance with the Criteria for Processing which are incorporated herein as Attachment A to the Schedule of Articles. The Recipient further agrees to implement the Capacity Building activities set forth in its application for funding. A list of product deliverables and timetables is at the end of this Statement of Work. I C. REPORTING REQUIREWNTS The Recipient agrees to provide the GTR /GTM timely information on the progress of all dual -filed cases providing the information required using a data and information system agreed to and accepted by the GTR. D. TRAINING The Recipient agrees to participate in mandatory FHAP training sponsored by HUD. The mandatory training will require agency attendance in HUD- sponsored field office training and, if held, during this funding cycle, the National policy conference. The Recipient also agrees to train at least one staff person on data and information systems and design and implement education and outreach activities during its Capacity Building period. CAPACITY BUILDING PRODUCTS PRODUCT DELIVERABLES 1. 2. 3. 4. 5. DATE DUE 1 (CONTINUE TO LIST ALL SIGNIFICANT WORK PRODUCTS IN THE APPLICATION AND A DUE DATE FOR COMPLETION AS SET FORTH IN THE TIMETABLE). Approve Approve Government Technical Monitor Government Technical Representative o ,"Assistance Award/ Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement ❑ Grant 2. T e of Action X� Award ❑ Amendment `atrument Number 04K984022 4. Amendment Number 5. Effective Date o this coon 8. Control Number 1Oj01/A98 7. Name and Address of Recipient 8. HUD Administering Office - ORANGE COUNTY HUMAN RELATIONS COMMISSION HUB DIRECTOR, SE /CARIBBEAN OFFICE OF FHEO GEORGIA STATE OFFICE,RM 230 75 SPRING ST., S.W. P.O. BOX 8181 )ULLSBOROUGA NORTH CAROLINA 27278 ATLANTA, GEORGIA 30303 -3388 75 Spring Street Be. Name of Administrator 8b. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Recipient Project Manager LUCKY LEWIS, DIRECTOR 9. HUD Government Technical Representative FANNY CHESTNUT- HAIRSTON 11. Assistance ❑ Arrangement Cost Reimbursement 12. Payment Method ❑ Treasury Check Reimbursement 13. HUD Payment Office U.S. DEPT. OF HUB, SEATTLE FEDERL OFFICE BLDG. ❑ Cost Sharing ❑ Advance Check 909 FIRST AVENUE,, SUITE 200 SEATTLE, WA 98104 -1000 ❑ Fixed Price ❑ Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 15a. Appropriation Number 15b. Reservation Number 868%90144 IFHEO-98-4022 HUD Amount this action $ 100 000.00 Total HUD Amount $ 100 000.00 Amount Previously Obligated $ 100 000.00 Recipient Amount $ Obligation by this action $ Total Instrument Amount I it n..,..:...i.... $ 100,000.001 Total Obligation $ 100, 000.00 CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause S. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Prededence: Notwithstanding any provision to the contrarryy, in the event of a conflict among an of the documents pertaining to the duties and res onsibilities of the parties, the Statement of Work shall take precedence over the Schedule Ot Articles. " Recipient is required to sign and return three (3) copies 18, of this document to the HUD Administering Office. ❑ Recipient is not required to sign this document. IQ. Recipient (By Name): 20. HUD (By Name): ,.Jnature & Title: Date: y/� Si rs &Title: ./., �/` ru'r A6 Date: 9 ,v 9f form HU -1 (8/90) ref. Handbook 2210.17 8022.1 APPen4ix 12c ATTACHMENT C OMB STANDARD ASSURANCES - SF 4248 Drug Free Certification 12c -1 6/90 8022.1 Appendix 12c ATTACMKKT C O" Mrwel as $w eras ASSURANCES — NON - CONSTRUCTION PR08RRAMS Note: Certain of these assurances nay net be applicable ra roux project or program It you lu•t gvt:tions. please Contact the awarding agency Further,eertain Fedtralawarding agencies may require appiitanu to ctrtity to additional assurances Usuch is the case.you will be notified As the duly outhoristd rtpreser+tative of the applicant f certil) that the applicant: I. Has the legal authority to apply for federal assistance. and the Institutional, managerial and financial esp$bility (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and tom- pinion of the projtct dtscribtd in this application. 2 Will give the awarding agtaq. the Comptroller Central of the LMU4 States. and it appropriate. the Suit. through any a.uthorlsed representative. access to and the right to examine all records. boots, papers, or documents related to the award; and will tsublish'a proper stcounting system in accordance with generally accepted accounting standards or agtncy directives. 3. Wili establish saftgvards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. S. S. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. If 4726.4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes at regulations specified in Appendix A of OPN's Standards for a Merit System of Personnel Administration (S C.F.R. 900. Subpart F). W111 comply with all Federal statutes relating to sondiscrimimation. These include but are set limited ta- (a) Title VI of the Civil Rights Act of 1964 (P.L. 61.352) which prohibits dis-rimination on the basis of rset. color or national origin; (e) Title IX of the Education Amendments of 1972. as amended (20 US C. If 1611.1633, and 1633. 1636). which prohibits discrimination on the basis of sea; CO Section $04 of the Rehabilitation Act of 1973, as amended (29 US C. 1794). which proha'biu dis- aiminstion on the basis of handicaps; (d) the Age Discrimination Act of 1973, as amended (42 V.S C 19 6101.6107), which prohibits discrim- ination on tht basis *rage; (e) the Drug Abuse Offal and Treatment Act of 1972 (P.L. 92.2S5i, as Amended. ftlsting to eondiscriminstion on the basis of drug $bust, (h W Comprehensive Akohei Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. !1.616). as amended. relating to ftr- discrimination an the basis of alcohol abuse or alcoholism; (g) If 423 and $27 of the Pubic Health Service Act of 1912 (42 US C. 2" dd•3 and 290 or. 31. as amended. relating to confidentiality of alcohol and drug abuse patient records. th) Title VIII of the Civil Rights Act of 1961 142 US C f 3601 et net► ). as amended. relating to non. discrimination In the sale. rental or 11 ancing of housing; (1) any other nondiscrimination provisions in the spetlAt statutes) under which application for Federal assistance is be:ng made. and (j) the requirements of any ether nondiscriminstion statutes) which may apply to the application. 7. Will comply. or has already complied. with the requirements of Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91.6461 ,which provide for fair and equitable treatment of ;person: displaced or whose property is acquired as la nsult of Federal or federally assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation its purchases. •. Will comply with the provisions *(the Hatch Act (S US C. If ISOI.1608 and 7324.7321) which limit the political activities of employees whose principal employment activities art funded in vhoie or In part with federal funds. 9. Will comply, as applicable, with the pro isions of W Davis-Bacon Act NO US C. it 276a to 2764- 7). the Copeland Act (40 US C. 12' 6c and 13 US.C. It 174). and the Contract Work Hours and Safety Standards Act (40 C.S.C. it 327.3331. regarding labor standards for federOy assisted construction subagretmnts. s;m an•a tr all If 441 Own-ew R pit :Owv a.+ar Auft t:ed for Local R'ep aducWn 6190 12c -2 0 it Win comply. V applicable. With' Hoed Insurance Purchase requirements of Section 102(x) of the Hood Disc ster Protection Act of 1973 (P.1. IM41 which requires recipients in a special flood'bisard area to participate in the program andto purchase flood insurance it the total cost of Insurable construction and acttuisition is i 10.000 or snore. . Will comply with tnviMnmtntal standards which Buy be prescribed ptsuent to the following (a) Institution of environmental quality control measures sander the National taviteamtntal Policy Act of 1969 (PI. !1.190) and tattutivt Order (TO) 11314. (b) notification of violating Wilitits pursuant to 1:0 11731. CO protection of 'wstlands pursuant to t0 IIM. MI. evaluation of flood hazards in Aoodplains in actordintt with to I I93S. (*)a ssuranct of project consistency with the approved State management program developed under the Coastal Zone Management Act of 19:2 (16 L'.S C. If 1431 at ate ); (A eortformit) of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1953. as amended (42 V.S.C. 7401 et seq 1. (g1 protection of underground sources of drinking water under the Sate Drinking Water Act of 1974, as amended. (P.L. 93.323), and (h) protection of endangered species under the Endangered Species Act of 1973. as amended. (P.L. 93.205). 12. Will tomp13 with the Wild and Scenic Rivers Act Of 1969 (16 C.S C. ff 1271 at seq 1 related to protecting components or potential components of the national .wild and seenie rivers system. '4&"tWq 09 ALnM04dtOC1 altTMrGOsr4rt "-mat., a V/ -T3�� 7*4 e County Human Relations Commission 8022.1 Appendix 12c » Will assist the awarding agency to assuring compliance with Section 106 of the Rational Historic Preservation Act of 1966, as amended (16 V S C. 470). 90 11393 (identification and protection of historic properties), sad the Archaeological and Historic Preservation Act of 194 (16 L'S C.669a•I ttstg.). 34. Will comply with P.L. 93.368 regsaing the protaetion of human subjetta Involved in research. development. and related activities supported ►y this award ofassistana. 1S. Win comply with the Laboratory Animal Welfare Act of 1966 (P.1. 19444. as amended. 7 t: S.C. 2131 at seq.) pertaining to the art. handling, and treatment of warm blooded animals held for research. teaching. se other activities supponed by this award of assistants 16. Will comply with the Lesd•8ased Paint Poisoning Prtvention Act (62 t:S C. If 6301 et sag i which prohibits the use of load based paint in construction or rehabilitation of residence Structures. 17. Will oust to be performed the required financial and compliance audits In accordance with the Single Audit Act of 1934. 11. Will comply with all applicable requiremenu of all *that Federal laws. tztcutivt orders, regulations and policies governing this program. 1Rtt Chair Orange County Board of Commissioners DA1t wsmmt0 9/29/98 12c -3 6/90 • Use "M aKf' 8022.1 Appendix 12c ATTACHMENT C CERTIFICATION REGARDING DRUG -FREE WRXPLACE REQUIREMENTS I. Instructions for Certification A. By submitting this application, the applicant is providing the certification set out below. b. The certification set out below is a material representation of fact upon which reliance will be placed if HUD determines to award a grant to the applicant. If it is later determined that the applicant knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 2. Certification Regarding Drug -Free Workplace Requirements a. The applicant certifies that it will provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibite4 in the grantee's workplace and specifying the actions that frill be taken against employees for violation of such prohibition; 2. Establishing a drug -free awareness program to inform employees about: 1. the dangers of drug abuse in the workplace; ii. the applicant's policy of maintaining a drug -free workplace; ill. any available drug counseling, rehabilitation, and employee assistance programs; and Iv. the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 6/90 12c -4 8022.1 Appendix 12c -2- 4. Notifying the employee in the statement required by paragraph 1 that, n a condition of employment under the grant, the employee Mill: i. abide by the terms of the statement; and ii. notify the employer of any criminal drug statute convic- tion for a violation occurring in the workplace no later than five days after such conviction; S. Notifying HUD within ten days after receiving notice under subparagraph 4 (ii) from any employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph 4 (11), with respect to any employee who is so convicted: i. taking appropriate personnel action against such an employee, up to and including termination; or ii. requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; 7. Nakin9 a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. b. The applicant shall insert in the-space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, Zip code) 12c -5 6/90 8022.1 Appendix 12c RESTRICTIONS ON LOBBYING - CERTIFICATION By subml.tting this application, the applicant certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for Influencing or attempting to influence an officer or employee of any agency, a MemAer of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, cooperative agreement, or loan. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or'an employee of a Member of Congress in connection with this Federal contract, grant, cooperative agreement, or loan, the undersigned shall complete and submit Standard Form -LLL, •Disclosures Form to Report Lobbying,• in accordance with its instructions. t (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,i and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, D.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6/90 12c -6 /' 't%WXrq\ a �w uo,• May 20, 1999 Ms. Annette M. Moore, Director Orange County Human Relations Commission P. O. Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Moore: U. S. Department of Housing and Urban Development Georgia State Office Richard B. RusseN Federal Building 75 Spring Street, S.W. Atlanta, Georgia 3MM-33M (httpJ/www.hud.gov) SUBJECT: Fair Housing Assistance Program Capacity Building Agreement — FY'98/99 P MAY 2 1 1999 Enclosed is one copy of the Amended 1998/9 Cooperative Agreement package for your files. Also enclosed are five (5) copies of the Form HUD 1044 for your original signature. After signing, retain one copy for your records along with the Cooperative Agreement package. Return the remaining four copies of the Form HUD 1044 to this office by EXPRESS MAIL WITHIN FIVE(5) DAYS OF RECEIPT TO: Gregory Bernard King, HUB Director U. S. Department of Housing and Urban Development Southeast/Caribbean Office of Fair Housing and Equal Opportunity Richard B. Russell Federal Building Room 230, 75 Spring Street, S.W. Atlanta, GA 30303 -3388 ATTENTION: Ophelia T. Dargan Also remember to complete the last page of the Agreement package that addresses your Product Deliverables, and include a copy when returning the 1044's. As discussed in the guidance provided to you earlier this month, the Capacity Building agencies will be funded at $115,000 in FY'99. The FY'99 Agreement will be amended to allow for the drawdown of these funds at the appropriate time. Additionally, for the closeout of the FY'98 Agreement, you are to send a voucher for the remaining amount of $70,000 when returning the HUD Form 1044's. Include a report on all product deliverables that have been completed thus far during FY'98. If you have questions, you may contact your assigned Atlanta Monitor for information. rytrul our Gregory Bernard King, Hub Director Southeast/Caribbean Office of Fair Housing and Equal Opportunity Assistance Award/ U.S. Department of Housing Amendment and Urban Development Office of Administration 1. Assistance Instrument Cooperative Agreement 2. T of Action X❑ ❑ Grant Award X❑ Amendment 3. Instrument Number FF204K984022 4 Amendment Number 5. Effective Dgle4ot2t1js /9 Qc�ion 6. Control Number O 3 7. Name and Address of Recipient S. HUD Administering Office ORANGE COUNTY HUMAN RELATIONS COMMISSION HUB DIRECTOR, SE CARIBBEAN OFFICE OF FHEO GEORGIA STATE OFFICE RM 230 75 SPRING ST., S.W. P.O. BOX 8181 ATLANTA, GEORGIA 30503 -3388 hILLSBOROUGJ, NORTH CAROLINA 27278 Be. Name of Administrator 8b. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Recipient Project Manager 9. HUD Government Technical Representative Annette M. Moore, Director FANNY CHESTNUT — HAIRSTON 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office ❑ Cost Reimbursement El Treasury Check Reimbursement Cost Sharing Advance Check CFO ACCOUNTING CENTER P.O. BOX 2905, FT.WORTH, TX 76113 -2905 ❑ Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 100 000. 00 15a. A opristion Number 15b. Reservation Number 869%(0144 FHEO -98 -4022 HUD Amount this action $ 115,000.00- Total HUD Amount $ 215,000.00 Amount Previously Obligated $ 100.000 00 Recipient Amount $ Obligation by this action $ 115,000.00 Total Instrument Amount $ 215, 000.0 Total Obligation $ 215, 000.00 CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Precedence: Notwithstanding any provision to the contrary, in the event of a conflict among an of the documents pertaining to the duties and res onsibilities of the parties, the Statement of Work shall take precedence over the Schedule of Articles. The FY199 Cooperative Agreement will be $115,000 for Capacity Building agency. 17. Recipient is required to sign and return three (3) copies 18' El of this document to the HUD Administering Office. Recipient is not required to sign this document. 19. Red ' ant (By Name : 20. HUD (By Name): signet e & Title: Draat : Signature e: Date: / G " �� 11 �� Grrsnnry R _ na u; ,,,, _ r•nn °1��1�7' Previous editions are obsolete form HUD -1044 (8/90) ref. Handbook 2210.17 U.S. Department of Housing and Urban Development FUNDS RESERVATION & CONTRACT AUTHORITY IA. NAME AND ADDRESS OF PROJECT IDENTIFICATION 1B. PROJECT CONTRACT, IAA OR PURCHASE ORDER NUMBER Orange County Human Relations Commission FF204K984022 2. DATE OF PREPARATION P.O. Box 8181 Hillsborough, North Caroliana 27278 (Month, Day and Year) 04123/99 3. RESERVATION NUMBER 4. NAME AND TITLE OF SOURCE OFFICER FHEO 04 -98 -4022 Gregory Bernard King, Hub Director 5. Funding and Accounting Classification COST CENTER SUB - OBJECT CLASS RESERVATION INCREASE NET APPROPRIATION OR FUND SYMBOL CODE CODE OUTSTANDING /Decrease/ AMOUNT A B C D E F 869/00144 115,000.0c 115,000.0 NET TOTALS 115,000.00 115,000.0 6. Purpose of This Action (Check Applicable Box(es)) A. 0 INITIAL RESERVATION B. ® INCREASE OR (Decrease) RESERVATION (Amendment Number 1 J C. [] CANCEL RESERVATION (Bracket Amount in 5E) D. C] EXECUTE, AMEND OR WAIVE CONTRACT 7A. DESCRIPTION OF PROJECT 78. CONTRACT CONDITIONS (If any) Funds to assist State and local agencies in Agencies must be recognized as substantially processing fair housing complaints. equivalent or have agreement for interim referral of complaints. 8A. DATE (Mo., Day and Year) 88. SIGNATURE OF SOURCE OFFICER 9. To Be Completed by the Originating Office RECOMMENDATION AND AUTHORIZATION 11f Requiredl: In accordance with authority vested in or delegated to the undersigned; in consequence of provisions and requirements of appli- cable law; under decisions of record regarding the project or program identified in Block 16 above; and with determination that the actions in Block 5 are in the public interest, those actions are recomme and authorized herewith: A. RECOMMENDED (Signature) D. A RIZED (Signs( G eqO ar Ring B. TITLE CI /'() f � (.curl O►�CIS E. TITLE Hub Director, Southeast Caribbean Office of Fair Housing and Ecrual Opportunity C. DATE Mo. Day & Year) F. DATE (Mo., a Year) q G. OFFICIAL PRESS RELEASE DATE (Month, Day and Year) For Accounting Use Only [] FUNDS AVAILABLE 0 RESERVATION RECORDED OR ADJUSTED TO AMOUNT SHOWN IN 5F By Date Previous Edition is Obsolete -- - HUD- /7 a 13-76) 1. SCOPE OF WORK (FIXED PRICE) The Recipient (or Agency) shall furnish all the necessary personnel, materials, services, equipment, facilities, (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work and all Attachments for the firm fixed price set forth herein. Including, but not limited to, identifying staff assigned to carry out fair housing activities by name, position, salary, percentage of time spent carrying out fair housing responsibilities, and experience. 2. PERIOD OF PERFORMANCE The Recipient shall provide all services hereunder for the period ending April 23, 1999 for FY198 funds disbursement and September 21, 1999 for FY199 funds disbursement. 3. INSPECTION AND ACCEPTANCE Inspection and acceptance of all but the final products may be accomplished by the Government Technical Monitors (GTMs), if so delegated. Final---acceptance is the responsibility of the Government Technical Representative (GTR). 4. CONDUCT OF WORK A. During the effective period of this instrument, the GTR and /or the GTM identified in Block 9 of the cover page shall be responsible for monitoring the technical effort of the Recipient, unless the Recipient is notified in writing by the Grant /Cooperative Agreement Officer (G /CAO) of a replacement. B. Only the G /CAO identified in Block 8a has the power to authorize deviations from this instrument, including deviations from the Statement of Work. In the event the Recipient does deviate without written approval of the G /CAO, such deviation shall be at the risk of the Recipient, and any costs related thereto shall be borne by the Recipient. 5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT A. The maximum amount for performance under the Statement of Work and all other requirements of this instrument is $100,000 for payments for activities carried out under the FY198 funds and $115,000 for activities carried out under the FY199 funds to support the Agency's fair housing efforts in accordance with Appendix A, Statement of Work. Payments shall be made in accordance with paragraph B, below. B. DATE FOR RECIPIENT'S CAPACITY VOUCHER PERIODS IN LOCCS BUILDING AMOUNT April 23, 1999 or as soon thereafter as possible 30 days after the closeout of the FY198 CB Agreement 60 days after first award of FY'99 funds disbursed 30 days after receipt of second award of FY199 funds but not later than 9/21/99 100% of FY' 98 CB funds remaining 50% of FY199 CB award amount 30% of remaining FY199 funds 20% (all funds remaining) of FYI 99 funds remaining C. The Recipient shall follow the instructions provided by the GTR /GTM for using the Line of Line of Credit Control System ( LOCCS) for vouchering under this Cooperative Agreement in accordance with the time periods stipulated above. Payment may be withheld if it is the judgment of the GTR /GTM that the Recipient is not complying with all terms of the Cooperative Agreement, Statement of Work, and all Attachments hereto. D. The Recipient shall submit a Narrative Report when a draw down is requested. The Report for Capacity Building agencies should provide information on the Agency's investigative and conciliation techniques, performance criteria; and, the deliverables due as described in the Recipient's funding application and the Statement of Work as approved by the GTR and G /CAO. Any Reports for data and information systems should be accompanied by a listing of all hardware and software acquired during the billing period. The Agency should also provide an education and outreach plan for the review and approval of the GTR /GTM for projects expected to be carried out. E. The Criteria for Processing are hereby incorporated as Attachment A, FY198, to the Schedule of Articles. The Criteria for Processing has not been changed for the implementation of the FY199 FHAP guidance. F. The Administrative Requirements for Grants and Cooperative Agreements (Part 85) are hereby incorporated as Attachment D to the Schedule of Articles. G. The Government shall remit all payments to the following address on the depository form: AGENCY TO PROVIDE NAME AND ADDRESS OF FINANCIAL INSTITUTION TO GTR AND GTM 6. USE OF COOPERATIVE AGREEMENT FUNDS The Agency is entitled to receive the fixed amount stated in the Cooperative Agreement for satisfactory completion of the work to be performed regardless of costs incurred. However, the program regulations and this Schedule of Articles require that all activities for which FHAP funds are used must address, or have relevance to, matters affecting fair housing which are cognizable under the Fair Housing Act (42 U.S.C. 3600 -19). 7. MAINTENANCE OF EFFORT The Agency must not unilaterally reduce the level of financial resources currently committed to fair housing complaint processing. Budget and staff reductions occasioned by legislative action outside the control of the Agency will not, alone, result in a determination of ineligibility. However, HUD will take such actions into consideration in assessing the ongoing viability of an Agency's fair housing program. 8. HUD'S SUBSTANTIAL INVOLVEMENT A. HUD intends to have substantial involvement in the review and approval of all aspects of the work to be carried out as a result of an award under this agreement. B. Anticipated substantial involvement shall include, but not be limited to the following: 1. Review and guidance in progress and upon completion of case investigations; 2. Requests for additional information on cases dual -filed to provide clarification or for completeness of a case investigation or file; 3. Development and presentation of National and /or field office location fair housing investigative training; 4. Participation in the development and presentation of in -house investigative training; 5. Participation in presentation of education and outreach programs; 6. Provision of appropriate directives and guidance on case processing; and 7. Assistance in the investigation, settlement, and /or enforcement of fair housing cases dual -filed with the Department. 9. ASSURANCES The Recipient of FHAP funds agrees that it will not engage in any discriminatory actions in its administration of or in its employment and treatment of employees and /or clients and makes the following assurances to HUD as a condition for the receipt of FHAP funds. The Recipient also assures that it will. 1. Provide a drug -free workplace; 2. Cause to be performed required financial and compliance audits in accordance with the Single Audit Act; 3. Comply with the provisions of the Hatch Act (5 U.S.C.) Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with Federal funds; 4. Establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain; 5. Comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F); 6. Comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability; or (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101- 6107), which prohibits discrimination on the basis of age; 7. Comply with all applicable requirements of all Federal laws, executive orders, regulations, and policies governing this program; and 8. Comply with the requirements of the Resource Conservation and Recovery Act which mandates that State agencies using Federal funds have procurement programs which give preference to products containing recycled materials when purchasing specific products identified in guidelines developed by the Environmental Protection Agency (40 CFR 247 -253). 10. USE OF CONSULTANTS Salary payments to consultants under this instrument shall be based on their current salary as evidenced by current pay vouchers and shall not exceed the equivalent of the maximum daily rate paid to GS 15 Step 1 Federal employees. Further guidance on procurement actions which the Recipient is required to follow under this instrument is contained in 24 CFR Part 85.36 (Attachment C to this Cooperative Agreement). 11. PUBLICATIONS AND NEWS RELEASES A. Definition. For the purpose of this clause "publication" includes: 1. Any document containing information for public consumption; or 2. Any act of, or any act which may result in, disclosing information to the public. B. The results of any education and outreach efforts of the Agency can be made available to the public through dedication, assignment by the Government, or other such means as the Secretary may determine. C. Government Ownership of Official Products of Work All interim and final reports and information, data analyses, special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, computer tapes, and any other physical materials and products produced directly under the Statement of Work of this instrument are considered Official Products of Work, owned by the U.S. Government and held for the benefit of the public. D. Publication of Official Products of Work Official Products of Work, quotations therefrom, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the Recipient shall be free to publish without HUD approval. E. Acknowledgment and Disclaimer All Official Products of Work, or any part thereof, and any Independent Products and Special Products arising out of this instrument, when published by Recipient or other participants in the work, shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under a Cooperative Agreement with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." F. Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this instrument that may be made by the Recipient or its staff, or any subcontractor or other person or organization participating in the work of this instrument shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with Paragraph E, above. The Recipient agrees that no news releases, publications, studies, or other products involving FHAP funded activities will be released to the public without prior HUD approval. The Recipient further agrees that it will submit any press release /news announcement, study and /or other product developed as part of the grant funded activities to the GTR for review and approval at least two weeks prior to its release, unless HUD agrees to waive the at least two weeks submission requirement. Publications, flyers and other routine documents previously approved by the GTR and /or the Department may be published without further HUD approval. 12. REPRODUCTION OF REPORTS In accordance with Government Printing and Binding Regulations, rep=roduction of reports, data or other written materials, if required herein, is authorized provided that the materials produced do not exceed 5,000 production units of any page and the items consisting of multiple pages do not exceed 25,000 production units in aggregate. 13. FLOW DOWN PROVISIONS The Recipient shall include provisions to carry out the purposes of this instrument in all contracts of employment with persons who perform any part of the work under this instrument, and with all subcontractors and other persons or organizations participating in any part of the work under this instrument. There shall be provisions for a further flow down of such requirements to each subtier of employees and subcontractors to the extent feasible. 14. DISPUTES During performance of the instrument, disagreements may arise between the Recipient and the GTR on various issues, such as the acceptability of complaints forwarded for approval. If a dispute concerning a question of fact arises, the G /CAO shall be the final authority on the matter and shall prepare a final decision, taking into account all facts and documentation presented. The decision of G /CAO shall be communicated to the Recipient. CAPACITY BUILDING AGREEMENT APPENDIX A - FY198/199 STATEMENT OF WORK A. GENERAL REQUIREMENTS The Recipient agrees to process those housing discrimination complaints arising within its jurisdiction, except as otherwise stated in this Statement of Work. The Recipient agrees to cooperate with HUD in handling and processing housing discrimination complaints filed under the Fair Housing Act and the fair housing law enforced by the Agency in accordance with the Interim Agreement and any amendments or revisions thereto executed during the course of this agreement by the signatories. The Recipient agrees to implement appropriate directives provided to it by the Department. The Recipient agrees to follow HUD's Technical Guidance*in processing all dual -filed complaints vouchered for under this Cooperative Agreement until the Department rescinds the requirement in writing to the Recipient. The Recipient agrees to furnish all staffing information as required by Article 1 of this Cooperative Agreement. The Recipient may be required to participate in customer satisfaction research and evaluation activities under this Cooperative Agreement. The Recipient agrees to furnish all information collected from its customers to HUD in a form to be defined by the Department. B. CAPACITY BUILDING The Recipient agrees to develop a complaint processing capability sufficient to enable the Recipient to process all housing discrimination complaints arising under its jurisdiction in future years. The Recipient also agrees to process housing discrimination complaints in accordance with A. above, General Requirements, and in accordance with the Criteria for Processing which are incorporated herein as Attachment A to the Schedule of Articles. 1 The Recipient further agrees to implement the Capacity Building activities set forth in its application for funding. A list of product deliverables and timetables is at the end of this Statement of Work. C. REPORTING REQUIREMENTS The Recipient agrees to provide the GTR /GTM timely information on the progress of all dual -filed cases providing the information required using a data and information system agreed to and accepted by the GTR. D. TRAINING The Recipient agrees to participate in mandatory FHAP training sponsored by HUD. The mandatory training will require Agency attendance in HUD - sponsored field office training and, if held, during this funding cycle, the National policy conference. The Recipient also agrees to train at least one staff person on data and information systems and design and implement education and outreach activities during its Capacity Building period. CAPACITY BUILDING PRODUCTS PRODUCT DELIVERABLES 1. 2. 3. 4. 5. DATE DUE 1 /2 (CONTINUE TO LIST ALL SIGNIFICANT WORK PRODUCTS IN THE APPLICATION AND A DUE DATE FOR COMPLETION AS SET FORTH IN THE TIMETABLE). Approved Approved Government Technical Monitor Government Technical Representative 4 � � 'Ortfra, U. S. Deparimont of Housing and Urban Development ' * * Georgia State Office 11', Richard B. Russell Federal Building ,'^�or�• 75 Spring Street, S.W. Atlanta, Georgia 30303 -3386 (http: /Avww. hud.gov) O l5 UQ l5 Q V L� September 21, 1998 SEP 23 Dear: EXECUTIVE DIRECTOR OF THE FAIR HOUSING ASSISTANCE PROGRAM FHAP AGENCY ORANGE COUNTY tlEPT. QF ( ) HAWN NU RIGHTS & RELATs,'FaC SUBJECT: TAG #59: FUNDING OF FY'98 COOPERATIVE AGREEMENTS Enclosed is one copy of the 1998/9 Cooperative Agreement package for your files. Also enclosed are five (5) copies of the Form HUD 1044 for your original signature. Included in the Attachments at Attachment C are five (5) copies OMB Standard Assurances - SF 4248, Drug Free Certification which should also be signed. Retain one copy for your records, and return the remaining four. You may also retain the remaining Attachments to the Cooperative Agreement package, however, the Form HUD 1044 and Attachment C should be returned to this office by EXPRESS MAIL to: Gregory Bernard King, Hub Director U. S. Department of Housing and Urban Development Southeast/Caribbean Office of Fair Housing and Equal Opportunity Richard B. Russell Federal Building Room 230, 75 Spring Street, S. W. Atlanta, GA 30303 -3388 In our efforts to obligate funds before the end of this fiscal year, this agreement covers funding for CASE PROCESSING and TRAINING (Agency/HUD S2gnsored). Your lump sum Cooperative Agreement amount either includes $15,000.00 or $20,000.00 for training depending upon the number of employees you identified as being trained, i.e., 3 -6 or 7 -10. As you will note, this year's funding principles include funds for Training, Administrativemst and Special Enforcement Efforts. Eligibility for these funds require documentation from the agencies to establish the level of funding. Therefore, this Cooperative Agreement will be amended to include new 1998 /9 funding for Administrative Costs and Special Enforcement Efforts funding. Training funds have been included in the enclosed Agreement, however, documentation for all training will be necessary in order for the payment to be approved. Capacity Building agencies are not eligible for the aforementioned funds. We have included with this letter a list of the eligibility requirements for your information. An amended agreement will be formulated after verification or documentation of eligibility. Should you have any questions, please call your assigned monitor. Sincerely yours, q�,� Gre and King, Hub Director Southeast/Caribbean Office of Fair Housing and Equal Opportunity Enclosures 2 Assistance AWara/ Amendment U.R. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2. T of Action X1 Cooperative Agreement Grant L^J Award Amendment 3. instrument Number 4. Amendment Number S. Effective Dots of this 4 ction 8. Control Number FF204K984022 10/01/98 Name and Address of Recipient 8. HUD Administering Office HUB DIRECTOR, SE /CARIBBEAN OFFICE OF FRED ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE,RM 230 75 SPRING ST., S.W. P.O. BOX 8181 ATLANTA, GEORGIA 30303 -3388 HILLSBOROUGH, NORTH CAROLINA 27278 75 Spring Street 8a. Name of Administrator 8b. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Redpient Project Manager 9. HUD Govemment Technical Rolm antative LUCKY LEWIS, DIRECTOR FANNY CHESTNUT - HAIRSTON 11. Assistance Ananpement 12. Aayment Ysthod 13. HUO Payment Office F Cost Reimbursement' Treasury Check Reimbursement U.S. DEPT . OF HUB, SEATTLE FEDERL OFFICE BLDG. Cost Sharing Advance Check 909 FIRST AVENUE SUITE 200 SEATTLE, WA .9816i-1000 Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 1Sa. A propriation Number 15b. Reservation Number 868%90144 FEW -98 -4022 HUD Amount this action $ 100 000.00 Total HUD Amount $ 100,000.00 Amount Previously Obligated $ 100, 000.00 Recipient Amount $ Obligation by this action $ Total kstrument Amount $ 100, 000.00 Total Obligation $ 100, 000 .00 is. Description CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM -tis agreement consists of the following, which incorporated herein and ids a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Prededence: Notwithstanding any provision to the contrary in the event of a conflict among an of the documents pertaining to tRe duties and responsibilities of the parties, the Statement of Work shall take precedence over the Schedule of Articles. 17. Recipient is required to sign and return three (3 copies 18- Recipient is not required to sign this document. of this document to the HUD Administering Of ice. 19. t (ft Name): 20. HUD ley Name): rl CF- M - &04" 1*7 A Title: & Title: Dote: w1 I U11-`� 111 j'G aor7i%Ber�ia Kina, CAO Previous editions are obsolete form HUD -1044 18/901 ref. Handbook 2210.17 CAPACITY BUILDING AGREEMENT FY 198 SCHEDULE OF ARTICLES 1. SCOPE OF WORK (FIXED PRICE) 2. PERIOD OF PERFORMANCE 3. INSPECTION.AND ACCEPTANCE 4. CONDUCT OF WORK S. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT 6. USE OF COOPERATIVE AGREEMENT FUNDS 7. MAINTENANCE OF EFFORT 8. HUD'S SUBSTANTIAL INVOLVEMENT 9. ASSURANCES 10. USE OF CONSULTANTS 11. PUBLICATIONS AND NEWS RELEASES 12. REPRODUCTION OF REPORTS 13. FLOW DOWN PROVISIONS 14. DISPUTES APPENDIX AND ATTACHMENTS APPENDIX A - STATEMENT OF WORK (CAPACITY BUILDING AGENCIES ONLY) ATTACHMENTS ATTACHMENT A - CRITERIA FOR PROCESSING - ATTACHMENT B - PART 115 ATTACHMENT C - INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF DIRECT DEPOSIT SIGN -UP FORM (SF- 1199A) AND INSTRUCTIONS FOR THE LOCCS VOICE RESPONSE SYSTEM ACCESS ATTACHMENT D - PART 85 1. SCOPE OF WORK (FIXED PRICE) The Recipient (or Agency) shall furnish all the necessary personnel, materials, services, equipment, facilities, (except as otherwise specified herein) and otherwise do all things necessary for or incidental to the performance of the work set forth in the Statement of Work and all Attachments for the firm fixed price set forth herein. Including, but not limited to, identifying staff assigned to carry out fair housing activities by name, position, salary, percentage of time spent carrying out fair housing responsibilities, and experience. 2. PERIOD OF PERFORMANCE The Recipient shall provide all services hereunder for a period not to exceed twelve (12) months from the effective date of the instrument. 3. INSPECTION AND ACCEPTANCE Inspection and acceptance of all but the final products may be accomplished by the Government Technical Monitors (GTMs), if so delegated. Final acceptance is the responsibility of the regional Government Technical Representative (GTR). 4. CONDUCT OF WORK A. During the effective period of this instrument, the GTR and /or the GTM identified in Block 9 of the cover page shall be responsible for monitoring the technical effort of the Recipient, unless the Recipient is notified in writing by the Grant /Cooperative Agreement Officer (G /CAO) of a replacement. B. Only the G /CAO identified in Block 8a has the power to authorize deviations from this instrument, including deviations from the Statement of Work. In the event the Recipient does deviate without written approval of the G /CAO, such deviation shall be at the risk of the Recipient, and any costs related thereto shall be borne by the _ Recipient. 5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT A. The maximum amount for performance under the Statement of Work and all other requirements of this instrument is $100,000 to support the agency's fair housing efforts in accordance with Appendix A, Statement of Work. Payments shall be made in accordance with paragraph B, below., B. DATE FOR RECIPIENT'S VOUCHER PERIODS IN LOCCS 70 days after the effective date of instrument 120 Days after the effective date of instrument 250 days after the effective date of instrument Final submission on or before the completion date of instrument CAPACITY BUILDING AMOUNT 30% of Capacity Building Amount 30% of Capacity Building Amount 30% of Capacity Building Amount 10% of Capacity Building Amount C. The Recipient shall follow the instructions provided by the GTR /GTM for using the Line of Line of Credit Control system ( LOCCS) for vouchering under this Cooperative Agreement in accordance with the time periods stipulated above. Payment may be withheld if it is the judgment of the GTR /GTM that the Recipient is not complying with all terms of the Cooperative Agreement, Statement of Work, and all Attachments hereto. D. The Recipient shall submit a Narrative Report when a draw down is requested. The Report for Capacity n Building agencies should provide information on the agency's investigative and conciliation techniques, performance criteria; and, the deliverables due as described in the Recipient's funding application and the Statement of Work as approved by the GTR and G /CAO. Any Reports for data and information systems should be accompanied by a listing of all hardware and software acquired during the billing period. The agency should _also provide an education and outreach plan for the review and approval of the GTR /GTM. covered project. E. The Criteria for Processing are hereby incorporated as Attachment A, FY198, to the Schedule of Articles. F. The Administrative Requirements for Grants and Cooperative Agreements (Part 85) are hereby incorporated as Attachment D to the Schedule of Articles. 6. 7. G. The Government shall remit all payments to the following address on the depository form: AGWCY 70 FROYILW BBLE AND ADLE=S OF FINANCIAL II�TSTI=TICK W GTR AND G2ff USE OF COOPERATIVE AGNMEMENT FUNDS The Agency is entitled to receive the fixed amount stated in the Cooperative Agreement for satisfactory completion of the work to be performed regardless of costs incurred. However, the program regulations and this Schedule of Articles require that all activities for which FHAP funds are used must address, or have relevance to, matters affecting fair housing which are cognizable under the Fair Housing Act (42 U.S.C. 3600 -19). MAINTENANCE OF EFFORT The Agency must not unilaterally reduce the level of financial resources currently committed to fair housing complaint processing. Budget and staff reductions occasioned by legislative action outside the control of the agency will not, alone, result in a determination of ineligibility. However, HUD will take such actions into consideration in assessing the ongoing viability of an Agency's fair housing program. 8. HUD'S SUBSTANTIAL INVOLVEMENT A. HUD intends to have substantial involvement in the review and approval of all aspects of the work to be carried out as a result of an award under this agreement. B. Anticipated substantial involvement shall include, but not be limited to the following: 1. Review and guidance in progress and upon completion of case investigations; 2. Requests for additional information on cases dual -filed to provide clarification or for completeness of a case investigation or file; 3. Development and presentation of National and /or field office location fair housing investigative training; 4. Participation in the development and presentation of in -house investigative training; 5. Participation in presentation of education and outreach programs; and 6. Provision of appropriate directives and guidance on case processing. 9. ASSURANCES The Recipient of FHAP funds agrees that it will not engage in any discriminatory actions in its administration of or in its employment and treatment of employees and /or clients and makes the following assurances to HUD as a condition for the receipt of FHAP funds. The Recipient also assures that it will. 1. Provide a drug -free workplace; 2. Cause to be performed required financial and compliance audits in accordance with the Single Audit Act; 3. Comply with the provisions of the Hatch Act (5 U.S.C.) Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with Federal funds; 4. Establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain; 5. Comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F); 6. Comply with all Federal statutes relating to nondiscrimination. These include but are not limited - to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. Sections 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation.Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 - 6107), which prohibits discrimination on the basis of age; 7. Comply with all applicable requirements of all Federal laws, executive orders, regulations, and policies governing this program; and 8. Comply with the requirements of the Resource Conservation and Recovery Act which mandates that State agencies using Federal funds have procurement programs which give preference to products containing recycled materials when purchasing specific products identified in guidelines developed by the Environmental Protection Agency (40 CFR 247 -253). 10. USE OF CONSULTANTS As required by HUD's Appropriations Act, salary payments to consultants under this instrument shall not exceed the equivalent of the maximum daily rate paid to SES Level 4 Federal employees. Further guidance on procurement actions which the Recipient is required to follow under this instrument is contained in 24 CFR Part 85.36 (Attachment C to this cooperative agreement). 11. PUBLICATIONS AND NEWS RELEASES A. Definition. For the purpose of this clause "publication" includes: 1. Any document containing information for public consumption; or 2. Any act of, or any.act which may result in, disclosing information to the public. B. The results of any education and outreach efforts of the agency can be made available to the public through dedication, assignment by the Government, or other such means as the Secretary may determine. C. Government Ownership of Official Products of Work All interim and final reports and information, data analyses, - special methodology, findings, and their related documents and work products, including reports, work sheets, survey instruments, co puter tapes, and any other physical materials and products produced directly under the Statement of Work of this instrument are considered Official Products of Work, owned by the U.S. Government and held for the benefit of the public. D. Publication of Official Products of Work Official Products of Work, quotations therefrom, paraphrasing, or disclosures of interim findings may not be published without the approval of the GTR for a period of sixty (60) days after acceptance of the product by the GTR. Thereafter, the Recipient shall be free to publish without HUD approval. E. Acknowledgment and Disclaimer All Official Products of'Work, or any part thereof, and any Independent Products and Special Products arising out of this instrument, when published by Recipient or other participants in the work, shall contain the following acknowledgment and disclaimer: "The work that provided the basis for this publication was supported by funding under a Cooperative Agreement with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." F. Notice of News Release and Public Announcements Two copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning this instrument that may be made by the Recipient or its staff, or any subcontractor or other person or organization participating in the work of this instrument shall be provided to the GTR for approval at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with Paragraph E, above. 12. REPRODUCTION OF REPORTS In accordance with Government Printing and Binding Regulations, reproduction of reports, data or other written materials, if required herein, is authorized provided that the materials produced do not exceed 5,000 production units of any page and the items consisting of multiple pages do not exceed 25,000 production units in aggregate. 13. FLOW DOWN PROVISIONS The Recipient shall include provisions to carry out the purposes of this instrument in all contracts of employment with persons who perform any part of the work under this instrument, and with all subcontractors and other persons or organizations participating in any part of the work under this instrument. There shall be provisions for a further flow down of such requirements to each subtier of employees and subcontractors to the extent feasible. 14. DISPUTES -- During performance of the instrument, disagreements may arise between the Recipient and the GTR on various issues, such as the acceptability of complaints . forwarded for approval. If a dispute concerning a question of fact arises, the G /CAO shall be the final authority on the matter and shall prepare a final decision, taking into account all facts and documentation presented. The decision of G /CAO shall be communicated to the Recipient. CAPACITY BUILDING AGREEMENT APPENDIX A - FY198 STATEMENT OF WORK A. GENERAL REQUIREMENTS The "Recipient agrees to process those housing discrimination complaints arising within its jurisdiction, except as otherwise stated in this Statement of Work. The Recipient agrees to cooperate with HUD in handling and processing housing discrimination complaints filed under the Fair Housing Act and the fair housing law enforced by the agency ­in accordance with the Memorandum of Understanding or Interim Agreement and any amendments or revisions thereto executed during the course of this agreement by the signatories. The Recipient agrees to implement appropriate directives provided to it by the Department. The Recipient agrees to follow HUD's Technical Guidance in processing all dual -filed complaints vouchered for under this Cooperative Agreement until the Department rescinds the requirement in writing to the Recipient. "The Recipient agrees to furnish all staffing information as required by Article 1 of this Cooperative Agreement. The Recipient may be required to participate in customer satisfaction research and evaluation activities under this cooperative agreement. The Recipient agrees to furnish all information collected from its customers to HUD in a form to be defined by the Department. B. CAPACITY BUILDING The Recipient agrees to develop a complaint processing capability sufficient to enable the Recipient to process all housing-discrimination complaints arising under its jurisdiction in future years. The Recipient also agrees to process housing discrimination complaints in accordance with A. above, General Requirements, and in accordance with the Criteria for Processing which are incorporated herein as Attachment A to the Schedule of Articles. The Recipient further agrees to implement the Capacity Building activities set forth in its application for funding. A list of product deliverables and timetables is at the end of this Statement of Work. 1 C. REPORTING REQUIREMENTS The Recipient agrees to provide the GTR /GTM timely information on the progress of all dual -filed cases providing the information required using a data and information system agreed to and accepted by the GTR. D. TRAINING The Recipient agrees to participate in mandatory FHAP training sponsored by HUD. The mandatory training will require agency attendance in HUD- sponsored field office training and, if held, during this funding cycle, the National policy conference. The Recipient also agrees to train at least one staff person on data and information systems and design and implement education and outreach activities during its Capacity Building period. CAPACITY BUILDING PRODUCTS PRODUCT DELIVERABLES 1. 2. 3. 4. 5. DATE DUE 1 (CONTINUE TO LIST ALL SIGNIFICANT WORK PRODUCTS IN THE APPLICATION AND A DUE DATE FOR COMPLETION AS SET FORTH IN THE TIMETABLE). Approved Approved Government Technical Monitor Government Technical Representative v O "Asst nce Award/ U.S. Department of Housing Amendment and Urban Development Office of Administration 1. Assistance Yam 2• T e of Action _ X A4reement Carant (j' J Award a 4. Awmdm m AMwwbw idAddrwa of Recipient t COUNTY HUMAN RZLFM'ON ISSION !O% 8181 27278 IOROUGA NORTH CiliM IN 1o. Recipient Project MwAVW 'off ['6113. DIM+•+ Amendment 5. Effective Date o this ction 10 j 998 s• Control Number 8. HUD Ad>titisteriny Office HUB DIRECTOR, SE /CARIBBEAN OFFICE OF FHEO GEORGIA STATE ATLANTA OFFICE,RM 230 75 SPRING ST., S , GEORGIA 30303 -3388 75 Spring Street 88. Name of Administrator GREGORY BERNARD KING 8b. Telephone Number 9. HUD Government T achmwcai (404)331-5140 Representative F' ESTKUT-AAIRSTON W. Rk raymefli vmcs U.S. DEPT. OF E3, SEATTLE FEDERL OFFICE BLDG 200 8022.1 Appendix 12c RESTRICTIONS ON LOBBYING — CERTIlICATION By submitting this application, the applicant certifies, to the beet of his or her knowledge and belief, that' 'A$515fhnce Award/ Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 0 Cooperative Agreement 2. T e of Action Grant Award El Amendment strument Number 04K984022 4. Amendment Number 5. Effective Date o this Action 6. Control Number 1 001/98 1 7. Name and Address of Recipient . 8. HUD Administering Office ORANGE COUNTY HUMAN RELATIONS COMMISSION HUB DIRECTOR, SE /CARIBBEAN OFFICE OF FHEO GEORGIA STATE OFFICE,RM 230 75 SPRING ST., S.W. P.O. BOX 8181 JiILLSBOROUG.4, NORTH CAROLINA 27278 ATLANTA, GEORGIA 30303 -3388 75 Spring Street 8a. Name of Administrator 8b. Telephone Number GREGORY BERNARD KING (404)331 -5140 10. Recipient Project Manager LUCKY LEWIS, DIRECTOR 9. HUD Government Technical Representative FANNY CHESTNUT- HAIRSTON 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office Cost Reimbursement Treasury Check Reimbursement U.S. DEPT. OF HUB, SEATTLE FEDERL OFFICE BLDG. Cost Sharing Advance Check 909 FIRST AVENUE,, SUITE 200 SEATTLE, WA 98104 -1000 E] Fixed Price Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $ 15a. A propriation Number 15b. Reservation Number 868%90144 FHEO -98 -4022 HUD Amount this action $ 100 000. 00 Total HUD Amount $ 100 000.00 Amount Previously Obligated 100. 000.00 Recipient Amount $ Obligation by this action $ Total Instrument Amount $ 100,000.001 Total Obligation $ 100, 000.00 CAPACITY BUILDING AGREEMENT FY'98 COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP) This agreement consists of the following, which incorporated herein and made a part hereof: 2. Schedule of Articles 3. Statement of Work 4. Section 3 Clause 5. Assurances 6. Criteria for Processing 7. Administrative Requirements for Grants and Cooperative Agreements Order of Prededence: Notwithstanding any provision to the contrary, in the event of a conflict among an of the documents pertaining to the duties and responsibilities of the parties, the Statement of Work shall take precedence over the Schedule of Articles. 17. [:] Recipient is required to sign and return three (3) copies 18, of this document to the HUD Administering Office. Recipient is not required to sign this document. 10. Recipient (By Name): 20. HUD (By Name): AargA-i-pt W_ .Unature & Title: yin Date: Areq e & Title: Date: �q rnard King. CAO % so CQ=i Previous editions are obsolerte form HU -1 (8/90) ref. Handbook 2210.17 8022.1 Appendix 12c ATTACMMEHT C OM8 STANDAP.D ASSURANCES - SF 4248 Drug Free Certification 12c'1 6/90 8022.1 ' Appendix 12c ATTACHMENT C Ow twove, to $IiiaUsa ASSURANCES — NON - CONSTRUCTION PROORAMS Note: Certain of chest assurances tear set be applicable ta your fr"t or program Uyou have questions. Please contact the awarding agency Furairr.ctrtain Federal awarding agencies sear require applicants to certify to additional assurances Usuch Is the case.you will be adtifned As the duly outhorired representative of the applicant 1 certilj that tht sppliant: 1. Has the legal authority to apply for Federal assistance. and the institutional. managerial and financial capability (including funds Sufficient to pay the rnon- Federal share of project costa) to ensure proper planning, management and com- pltUon of the project described in this application. 2 3 Will girt the awarding agency, the Comptroller General of the United States. and If appropriate, the State. through any authorized representative. access to and the right to *:amine all records, books, papers. or documents related to the award; and will tstablish'a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish saftguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organisational conflict of interest, or personal gain. 4. 'Will initiate and complete the work within the applicable time frame altar receipt of approval of the awarding agency. A e. Will comply with the Intergovernmental Personnel Act of 1970 (42 US C. It 4726.4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPN's Standards for a Merit System of Personal /administration (5 G.F.A. 900. Subpart F). Will comply with all Federal statutes relating to sondiscri mint tion. These Include but are sot limited ta- (a) Title Vi of the Civil Rights Act of 1964 (P.L. 68.352) which prohibits dis- riminstion on the basis of race. color or national origin; (b) Title IX of the Dlucation Amendments of 1972. as amended (20 US C. 111681.1683, and 1685. 1696). which prohibits discrimination on the basis of sex; CO Section $04 of at Rehabilitation Act of 1973. as amended (29 US C. 1794). which prohibits 4115- crimination on the basis of handicap%; (d) tht Age Discrimination Act of 1975. as amended (42 V.S C 11 6103. 6107), which prohibits discrim- ination on the be sis of age; 41 the Drug Abuse Office and Treatment Act of 1972 (P.L. 92.2511), as amended, relating to enondiscrimination on the basis of drug abuse. t11 the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and Rehabilitation Act of 1970 (P.L. 91.616), as amended, relating to ,nondi"minstion on the basis of skohol abuse or alcoholism; (g) 11523 and $27 of the Pub'ic Health Service Act of 1912 (42 US C. 290 d4-3 ar:d 290 et- 31. as amended. relating to confidentiality of alcohol and drug abuse patient records. N Title Vill of the Civil Rights Act of 1966 t42 US C 1 3601 of sea I. as amended. relating to non. discrimination In the sale. rental or Arancing of housing; (i) any other nondiscrimination provisions In the specific atatute(s) under which application for Federal assistance is be:ng made. and (J) the requirements of any other nondiscrimination statutes) which may apply to the application. 1. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Proptrty Acquisition Policies Act of 1970 (P.1 91.6461 which provide for Wt and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Ftdera) participation in purchases. S. Will comply with the provisions of the Hatch Act 0 US C. 111501.1509 and 7324.7328) which limit the political activities of employers whose principal employment activities art funded in whole or in part with federal funds. I. Will comply. as applicable, with the provisions of the Davis-Bacon Act (40 US C. 112 ?6a to 2764- 7). the Copeland Act (40 US C. 12' 6c and 18 U.S.C. 11674). and the Contract Work Hours and Safety Standards Act (40 cS.C. it 327.333). regarding labor standards for ftdera:'.Y assisted tonstru,ction subagre Vwnts. auyre rr 4349 44�1146 /.M,OrO R Ore itMr a•Nr Asnt+ottsed for Local Reprc4vctkPn 6/90 12c -2 . 4" . r 10 Will comply. if applicable. with flood insurance Purchase requirements of Section 102(al of the Flood Disa stet Protection Act of 1973 (P1 93.234) •hick requires recipients in a special flood-hisard area to participate in the program andto purchase flood Insurance It the total cost of insurable e;oastrucUon and acquisition 4 $10.000 or wore. It. Will comply With environmental standards which BUY be prescribed ponuent to the following (a) Institution of environmental quality control treasures Under the National Environment.81 Policy Act of 1969 (P.L. 81.190) and Esetutive Order (EO) 11514. (b) notification of violating facilities pursuant to EO 11738. (cl protection of ,wetlands pursuant to EO 11990. (d1 evaluation of flood hazards in floodpiairu in accordance With EO 11999. (t) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 t16 1:.S C. If 1431 at at% ); (A eonformit) of Federal actions to State (Clear Air) Implemenution Plans under Section 176(c) of the Clear Air Act of 1955. as amended (42 U.S.C. 1 7401 et stq 1. (1) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended. (P.L. 93.523). and (h) Protection of endangered species under the Endangered Species Act of 1973. as amended. (P.L. 93.205). 12. Will oomph with the Wild and Scenic Rivers Act Of 1969 (16 C.S C. if 1271 et seq ) related to 'Protecting Components or potential Components of the national wild and scenic rivers system. 8022.1 Appendix 12c 13 Will assist the avoiding agency in assuring cemlpiiance with Section l0i of the Rational Historic Prtservation Act of 1966, as &mended (li V S C. 470). EO 11693 (identification and protection of historic properties). and the Archaeological and Historic Prtservation Act of 1!'4 I16 l+S C.469a•1 ttteq.l. 14. Will comply with l.L. 83.34$ regarding the protection of human tubjtcts Involved in research. ,development. and rtlatad activities supported by this award ofassistinea. 13. Will comply With the Laboratory Animai Welfare Art at 1966 (P.L. 99.641, as amended. 7 1: S.C. 1131 at seq.) pertaining to the are, handling, and treatment of warm, blooded animals held for twitch, teachim ae ether activities supported by this award otassistance 16. Will comply With the Lead-Based Paint Poisoning Prevention Act (42 1:S C. If 4601 et %eq i which prohibits the use of lead based paint in construction or rahabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1964. 18. Will comply with all applicable requirements of all other Federal laws. executive orders, rervtations and policies governing this program. : ��TVRtO +�LRMOa.2tDCEatRVUrGOssKu►t TRtt Chair V� Orange County Board of Commissioners A"UC WT 084ANCATC10 pATt to VMID range County Human Relations Commission 9/29/98 12c -3 6190 V 4140 4444 gut 8022.1 Appendix 12c ATTACHKEKT C CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS 1. Instructions for Certification a. By submitting this application, the applicant is providing the certification set out below. b. The certification set out below is a material representation of fact upon which reliance gill be placed if HUD detersines to award a grant to the applicant. if it is later determined that the applicant knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, say take action authorized under the Drug -Free Workplace Act. 2. Certification Regarding Drug -Free Workplace Reduirenents a. The applicant certifies that it will provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful wanufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that Will be taken against employees for violation of such prohibition; 2. Establishing a drug -free awareness program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the applicant's policy of maintaining a drug -free workplace; iii. any available drug counseling, rehabilitation, and employee assistance programs; and iv. the penalties that may be Imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 6/90 12c -4 8022.1 Appendix 12c -2- 4. Notifying the employee in the statement required by paragraph 1 that, az a condition of employment under the grant, the employee will: 1. abide by the terns of the statement; and ii. notify the employer of any criminal drug statute convic- tion for a violation occurring to the workplace no later than five days after such conviction; S. Notifying HUD within ten days after receiving notice under subparagraph 4 (11) from any employee or otherwise receiving actual notice of such conviction; 6• Taking one of the following actions, within 30 days of receiving notice under subparagraph 4 (11), with respect to any employee who is so convicted: I. taking appropriate personnel action against such an employee, up to and including termination; or ii. requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; 7. Kaking a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, S and 6. b. The applicant shall insert in the -space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 12c -5 6/90 8022.1 Appendix 12c RESTRICTIONS ON LOBBYING - CERTIFICATION By submitting this application, the applicant certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, cooperative agreement, or loan. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or'an employee of a Member of Congress in connection with this Federal contract, grant, cooperative agreement, or loan, the undersigned shall complete and submit Standard Form -LLL, *Disclosure Form to Report Lobbying,' in accordance with its instructions. 1 (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, D.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6/90 12c -6 CAPACITY BUILDING AGREEMENT FY' 98/' 99 SCHEDULE OF ARTICLES 1. SCOPE OF WORK (FIXED PRICE) 2. PERIOD OF PERFORMANCE 3. INSPECTION AND ACCEPTANCE 4. CONDUCT OF WORK 5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT 6. USE OF COOPERATIVE AGREEMENT FUNDS 7. MAINTENANCE OF EFFORT 8. HUD'S SUBSTANTIAL INVOLVEMENT 9. ASSURANCES 10. USE OF CONSULTANTS 11. PUBLICATIONS AND NEWS RELEASES 12. REPRODUCTION OF REPORTS 13. FLOW DOWN PROVISIONS 14. DISPUTES APPENDIX AND ATTACHMENTS APPENDIX A - STATEMENT OF WORK (CAPACITY BUILDING AGENCIES ONLY) ATTACHMENTS ATTACHMENT A - CRITERIA FOR PROCESSING ATTACHMENT B - PART 115 ATTACHMENT C - INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF DIRECT DEPOSIT SIGN -UP FORM (SF- 1199A) AND INSTRUCTIONS FOR THE LOCCS VOICE RESPONSE SYSTEM ACCESS ATTACHMENT D - PART 85