HomeMy WebLinkAbout1999 S Amendment to Cooperative Agreement with U.S. Department of Housing and Urban Development /-t"Ma.-% U.S.Department of Housing and Urban Development
t r Georgia State Office
It Richard B.Russell Federal Building
De,. 75 Spring Street, S.W.
Atlanta,Georgia 30303,33M
(h :/Avww.hud.gov)
May 20, 1999 !t
MAY 2 1 1999
, .
Ms. Annette M. Moore, Director ,____ ..._
Orange County Human L F'
Relations Commission
P. O. Box 8181
Hillsborough,North Carolina 27278
Dear Ms. Moore:
SUBJECT: Fair Housing Assistance Program
Capacity Building Agreement— FY'98/99
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 1044s.
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.
trul
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
1 A.NAME AND ADDRESS OF PROJECT IDENTIFICATION 1 B. PROJECT CONTRACT, IAA OR
PURCHASE ORDER NUMBER
Orange County Human Relations Commission FF204K984022
P.O. Box 8181 2. DATE OF PREPARATION
Hillsborough, North Caroliana 27278 (Month, Day and Year)
3. RESERVATION NUMBER 4. NAME AND TITLE OF SOURCE OFFICER 04/23/99
FHEO 04-98-4022 Gregory Bernard King, Hub Director
5. Funding and Account ln assif(cation
COST SUB-OBJECT
CENTER CLASS RESERVATION INCREASE NET
APPROPRIATION OR FUND SYMBOL CODE CODE OUTSTANDING (Decrease) AMOUNT
A 8 C D E F
869/00144 115,000.00 115,000.0
NET TOTALS F 115,000.0 115,000.0
6. Purpose of This Action (Check Applicable Box(es))
A. F-1 INITIAL RESERVATION .
B. ® INCREASE OR (Decrease) RESERVATION (Amendment Number 1
C. F� CANCEL RESERVATION (Bracket Amount in 50
D. 0 EXECUTE, AMEND OR WAIVE CONTRACT
7A.DESCRIPTION OF PROJECT 78. CONTRACT CONDITIONS I f any)
Funds to assist State and local agencies in Agencies must be recognized as substantially
processing fair housing complaints. referialnofor have agreement for interim
8A.DATE(Mo., Day and Year) 86. SIGNATURE OF SOURCE OFFICER
9. To Be Completed by the Originating Office
RECOMMENDATION AND AUTHORIZATION fHRaquxrd):
In accordance with authority vested in or delegated to the undersigned; in consequence of provisions and requirements of appli-
cable law;under decisione of record regarding the project or program identified in Block 16 above;and with determination that
the actions in Bock 5 we in the public interest,those actions are recomrne and authorized herewith:
A. RECOMMENDED (Signaturnl D. A RIZED (Signst
G e4ego=a r Ring
B.TITLE E.TITLE
Hub Director, Southeast Caribbean Office of
Fair Housin and Eclual Opportunity
C. DATE(Mo., Day i Year) F.DATE(Mo. e Year)
G. OFFICIAL PRESS RELEASE DATE(M r/onth,Day and Yea G`�
Of Accounting Use Only
0 FUNDS AVAILABLE 0 RESERVATION RECORDED OR ADJUSTED TO AMOUNT SHOWN IN 5F
BY Date "
Previous Edition Is Obsolete ----— HUD-718(3-76)
Assistance Award/ U.S. Department of Housing ,
Amendment and Urban Development '
Office of Administration
1.Assistance Instrument 2.T of Action
X] Cooperative Agreement Fl Grant l_._.l Award XX Amendment
3.Instrument FF204K9$402e 1 Amendment Number S.Effective D 4of2ti sf9Won 8.Gortrol umber
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
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 Treasury Check Reimbursement HUD
CFO ACCOUNTING CENTER
Cost Sharing Advance Chock 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.Q 15a.A o�+anon Number 15b.Reservation Number
HUD Amount this action $ 115,000.0c 8697iPQ144 IFHEO-98-4022
Total HUD Amount $ 215,000.00 Amount Previously Obligated $ 100 000.00
Recipient Amount $ Obligation by this action $ 115,000.00
Total Instrument Amount $ 215,000.09 Total Obligation $ 215,000.00
18.Description
CAPACITY BUILDING AGREEMENT FY'98
COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP)
Thin 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 any of the documents pertaining to the duties and responsibilities 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. 0Recipient 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(ey Name): 20. HUD(By Name):
Signature&Title: Data: Signature e: Date:
Gre or B n in CA0
Previous editions are obsolete form HUD-1044(81901
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
KCooperative Agreement Grant u Award KI Amendment
3.Instrument Number 4.Amendment Number S.Effective D+ite4af2this tlon $.Control Number
FF204K984022 1 U JJ 33 9999
7.Name and Address of Recipient 8.HUD Administering Office
HUB DIRECTOR, SE CARIBBEAN OFrFICE 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 CFO ACCOUNTING CENTER
Cost Sharing Advance Check P.O. BOX 2905, FT.WORTH, TX 76113-2905
Fixed Price Automated Clearinghouse
14.Assistance Amount 15.HUD Accounting and Appropriation Date
Previous HUD Amount $ 100 000.0 154• A opriation Number 15b.Reservation Number
HUD Amount this action $ 115 000.0 869 f,04 IFHEO-98-4022
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.oq 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
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 any of the documents pertaining to the duties and responsibilities of the parties, the
Statement of Work shall take precedence over the Schedule of 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(8y Name):
Signature!t Title: Date: Signat . Date:
Gre I 6
l-ff
Previous editions are obsolete form HuD-1044 le/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
ilCooperative Agreement F-1 Grant ff Award FX I Amendment
3.Instrument Number [4.Amendment Number S.Effective 1947-tNs.tc;on 6.Control Number
PF204K9e4O22 1 23/
7. Name end Address of Recipient S.HUD Administering Office
HUB DIRECTOR, SE/CARIBBEAN OFFICE OF FREO
ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE 5 RM 230 75 SPRING ST., S.W.
P.O. BOX 8181 ATLANTA, GEORGIA 30 03-3388
hILLSBOROUGJ, NORTH CAROLINA 27278
So.Norm of Administrator 8b.Telephone Number
GREGORY BERNARD KING (401)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
UD
Cost Reimbursement Treasury Check Reimbursement CFO ACCOUNTING CENTER
Cost Sharing F Advance Check P.O. BOX 2905, FT.WORTH, TX 76113-2905
Fixed Price Automated Clearinghouse 1
14.Assistance Amount 15.HUD Accounting and Appropriation Data
Previous HUD Amount 100,000.00 Ir- A pri tion Number 15b. Reservation Number
HUD Amount this action 111 115,000.00 S6§7044 FHEO-98-4022
Total HUD Amount $ 215,00b.00. Amount Previously Obligated $ 100,000.00
Recipient Amount $ . Obligation by this action $ 115,000.00
Total instrument Amount $ 215,000.01 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 rovision to the contrar
iy, in the event of a conflict
among an of the documents pertaining Re duties and responsib t xes of the parties, the
Statement of Work shall take precedence over the Schedule of 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
o
of this document to the HUD Administering Office.
19.Recipient 10y Nonm): 20.HUD(By Namel:
Signature&Title: Date: Signature Date:
lGreclory BrnZ&Kin g, CAO
Previous editions are obsolete form HUD-1044 18190)
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
KCooperative Agreement Grant Award XX Amendment
3.Instrument Number 4.Amendment Number S.Effective D e a s c'on 8.Control Number
FF204K984022 1 4 23J 9
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
Be.Name of Administrator 8b.Telephone Number
GREGORY BERNARD KING (404)331-5140
10.Recipient Project Manager 9.9.HUD Government Technical Representative
Annette M. Moore, Director FANNY CHESTNUT-HAIRSTON
11.Assistance Arrangement 12.Payment Method 13.HUD Psyment Office
Cost Reimbursement Treasury Chock Reimbursement CHUD
FO ACCOUNTING CENTER
Cost Sharing 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 $ 100 000.0 15a.A ation Number 15b.Reservation Number
HUD Amount this action $ 115,000.- 8697rOr44 IFHEO-98-4022
Total HUD Amount $ 215,000.00 Amount Previously Obligated $ 100 000.00
Recipient Amount $ Obligation by this action $ 115,000.00
Total Instrument Amount $ 215,000.6q 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 contrarryy in the event of a conflict
among an of the documents pertaining to the duties and res nsibilties of the parties, the
Statement of Work shall take precedence over the Schedule of 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 lay Name): 20.HUD(By Name):
Signature 3 Tide: Data: Signature e: Date:
Gre or B na Kin CAO
Previous editions are obsolete form HUD-1044(8190)
ref.Handbook 2210.17
' 1
Assistance Award/ U.S. Department of Housing
Amendment and Urban Development
Office of Administration
1.Assistance Instrument 2.Type of Action
50 Cooperative Agreement ❑ Grant Award XX Amendment
3.Instrument Number 14.Amendment Number S.Effective Oet4af2this/A,c2ion 6.Control Number
FF204K984022 1 0 / 3 99
7.Name and Address of Recipient S.HUD Administering Office
HUB DIRECTOR SE/CARIBBEAN OFFICE OF FHEO
ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATk 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 HUD ACCOUNTING CENTER
CFO Cost Sharing Advance Check P.O. BOX 2905, FT.WORTH, TX 76113-2905
0 Fixed Price �Automated Clearinghouse
14.Assistance Amount Ili.HUD Accounting and Appropriation Data
Previous HUD Amount $ 100,000,00.15a.Ap�pristion Number 15b.Reservation Number
HUD Amount this action $ 115 000.0 869 700144 IFHEO-98-4022
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
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 responsibilities of the parties, the
Statement of Work shall take precedence over the Schedule of 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 1 8. 0 Recipient is not required to sign this document.
of this document to the HUD Administering Office.
19.Recipient(By Name): 20.HUD 18y Name):
Signature 3 Title: Date: Signature e: Date:
Gre or B a Kin C 1511f/f l
Previous editions are obsolete form HUD-104418/90)
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
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 100% of FY198
thereafter as possible CB funds remaining
30 days after the closeout 50% of FY199
of the FY198 CB Agreement CB award amount
60 days after first award of 30% of remaining
FY199 funds disbursed FY199 funds
30 days after receipt of 20% (all funds
second award of FY199 funds remaining) of FY' 99
but not later than 9/21/99 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, FY' 98, 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 GTK
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 . HUDIS 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. Far the purpose of this clause "publica.tion"
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 - FY'98/199
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 DATE DUE
1 .
2 .
3 .
4 .
5.
(CONTINUE TO LIST ALL SIGNIFICANT WORK PRODUCTS IN THE APPLICATION AND A
DUE DATE FOR COMPLETION AS SET FORTH IN THE TIMETABLE) .
Approved Government Technical Monitor
Approved Government Technical Representative
N U.3.Departim*pt of Housing and Urban Development
* * Georgia State Office
Richard B.Russell Federal Building
v `
75 Spring Street, S.W.
Atlanta,Georgia 30343-:386
(http:lAvww.hud.gov)
September 21, 1998
A., SEP 2 360
Dear: EXECUTIVE DIRECTOR OF THE FAIR HOUSING ORANGE COUNWN
ASSISTANCE PROGRAM(FHAP)AGENCY HUMANRIGHTS&REtNTtt;tdS
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 TRAAININQ(Agency/HM 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,Administrativeeast
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.
2
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,
G King, Hub Director
Southeast/Caribbean Office of Fair Housing
and Equal Opportunity
Enclosures
A3311318nCe AWaral U.S. Dapartment of Housing
Amendment and Urban Development
Office of Administration
1.Assistance Instrument 2.T of Action
Xa Cooperative Agreement Grant Award Amendment
3.Instrument Number 4.Amendmo nt Number S. Effective Date of this etion 8.Control Number
FF204K984022 10/0198
Name and Address of Recipient S.HUD AdrnNoterirng Office
HUB DIRECTOR, SE/CARIBBEAN OFFICE OF FHEO
ORANGE COUNTY HUMAN RELATIONS COMMISSION GEORGIA STATE OFFICE,RM 230 7S SPRING ST. , S.W.
P.O. BOX 8181 ATLANTA, GEORGIA 30303-3388
HILLSBOROUGO, NORTH CAROLINA 27278 7S Spring Street
8a.Name of Administrator 8b.TO ph,.Number
GREGORY BERNARD KING (404)331-5140
10.Recipient Project Manager 9.HUD Government Tecfnfeal Representative
LUCKY LEWIS, DIRECTOR FANNY CHESTNUT-HAIRSTON
11.Assistance Arrongemarnt 12.Pavloso Method 13.HUD Payment Office
Cost Reimbursement' Treasury Check fteimbumement U.S. DEPT. OF H1I8, SEATTLE FEDERL OFFICE BLDG.
909 FIRST AVENUE SUITE 200
Cost Sharing Advance Chock SEATTLE, WA 98164-1000
Fxod Price Automated Clearinghouse
14.Assistance Amount 15.HUD Accounting and Appropriation Data
Previous HUD Amount $ 16o.Appropriation Number 15b.Reservation Number
HUD Amount this action $ 100 000.0 868/90144 FHBO-98-4022
Total HUD Amount $ 100,000.00. Amount Previously Obligated $ 100,000.00
Recipient Amount $ Obligation by this action $
Total instrument Amount $ 100,000.04 Total Obligation $ 100,000.00
te.na , ptlon
CAPACITY BUILDING AGREEMENT FY198
COOPERATIVE AGREEMENT FOR FAIR HOUSING ASSISTANCE PROGRAM (FHAP)
-lis agreement consists of the following, which incorporated herein and
ode 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 nsibil�ties of the parties, the
Statement of Work shall take precedence over the Schedule of Articles.
17. Recipient is required to sign and return three 43)copies 18-
Recipient is not required to sign this document.of this document to the HUD Administering Office
19.A(By Nomel: 20.HUD(By Name):
slgn.twe a title: Oe:.: Aftnk Tit' Ioat.:
reqo
reqo B: ard n i
Previous editions are obsolete form HUD-1044(8/90)
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
5. INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT
6. USE OF COOPERATIVE AGREEMENT FUNDS
7. MAINTENANCE OF EFFORT
S. 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
ATTACFM4ENT 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 PERFORi4TCE
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 CAPACITY
VOUCHER PERIODS IN LOCCS BUILDING
AMOUNT
70 days after the effective 30% of Capacity
date of instrument Building Amount
120 Days after the effective 30% of Capacity
date of instrument Building Amount
250 days after the effective 30% of Capacity
date of instrument Building Amount
Final submission on or before 10% of Capacity
the completion date of Building Amount
instrument
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.
G. The Government shall remit all payments to the following
address on the depository form:
A 2NCY TO PROV= SAME AND ADZI=S OF FINANCIAL
INSTITUTICff TO GTR AND G2K
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 finan e-ial
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.
R. 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 fiords;
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
111 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 Nock 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 (58) 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 Mews 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. FLAW 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'Recipi
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.
I
CAPACITY BUILDING PRODUCTS
PRODUCT DELIVERABLES DATE DUE
1.
2.
3.
4.
5.
(CONTINUE TO LIST ALL SIGNIFICANT WORK PRODUCTS IN THE APPLICATION AND A
DUE DATE FOR COMPLETION AS SET FORTH IN THE TIMETABLE) .
Approved Government Technical Monitor
Approved Government Technical Representative
u..
,"Assistance Award/ U.S. Department of Housing
Amendment and Urban Development
Office of Administration
1.Assistance Instrument 2.T e of Action
aCooperative Agreement ❑ Grant Award Amendment
atrument Number 4.Amendment Number 5.Effective Date o this Action 6.Control Number
04K984022 10/01 98
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.
0. BOX 8181 ATLANTA, GEORGIA 30303-3388
ILLSBOROUGA, NORTH CAROLINA 27278 75 Spring Street
Be.Name of Administrator 8b.Telephone Number
GREGORY BERNARD KING (404)331-5140
10.Recipient Project Manager 9.HUD Government Technical Representative
LUCKY LEWIS, DIRECTOR FANNY CHESTNUT-HAIRSTON
11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office
❑ Cost Reimbursement Treasury heck Reimbursement U.S. DEPT. OF HUB, SEATTLE FEDERL OFFICE BLDG.
❑ ry 909 FIRST AVENUE, , SUITE 200
❑ Cost Sharing ❑Advance Check SEATTLE, WA 98104-1000
❑ Fixed Price Automated Clearinghouse
14.Assistance Amount 15.HUD Accounting and Appropriation Data
Previous HUD Amount $ 158.Appropriation Number 15b.Reservation Number
HUD Amount this action $ 100 000.00 868/90144 FHEO-98-4022
Total HUD Amount $ 100 000.00 Amount Previously Obligated $ 100,000.00
Recipient Amount $ Obligation by this action $
Total Instrument Amount $ 100,00o.001 Total Obligation $ 100,000.00
16.Description
CAPACITY BUILDING AGREEMENT FY198
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 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 Offfice.
�.Recipient(By Name): 20. HUD(By Name):
,(/nature&Title: ^n Date: s : Date:
1 7� /oZy`Q� rnard Kin CAO I__j 2 5z 1
Previous editions are obsolete form Hu -1 (8/901
ref.Handbook 2210.17
8022.1
APPendix 12c
ATTACHMENT C
OM STANDAPD ASSURANCES - SF 4246
Drug Free Certification
12c-1 6/90
8022.1
Appendix 121
ATTACHMENT C
Ow 4V we#a•$to ass
ASSURANCES—NON-CONSTRUCTION PROORAMS
Note: Certain of these assurances scar set be applicable to your project or program it yew bA t gve:tisns. )
please contact the awarding agency Further.certain federal awarding agencies may require applicants
So certiry to additional assurances Usuch Is the case.you will be souried
As the duly outhorirtd reprtsenitivt of the applicant I ctrtJ)that W applicant
I. Has the legal authority to apply for Federal (0 the Drug Abuse Ma and Treatment Act of
assistance,and the Institutional.managerial and 1972 (P.L. 92•2$51, as amended, relating to
financial capability (including funds sufficient to tondiscrimination an the basis of drug abuse.th
pay the non-Federal share of project costs) to the Comprehensive Alcohol Abuse and Alcoholism
ensure proper planning. management and tom- Prevention.Treatment and Rehabilitation Act of
plaice of the project described in this application. 1070 (P.L. 91.919). as amended, relating to
ftndioerim tc
ination an the basis of aoh,.l abuse or
S Will give the awarding agency.04 Comptroller alcohotism;tgl If 523 and$27 of the?ub'ic Health
Central of the United States.and U appropriate. Service Act 01912 142 US C.290 dd�3 and 240 fie•
the State.through any suthorlsed representative.
access to and the right to examine all records. 31, as amended. relating to confidentiality of
books.papers.or documents rotated to the award; alcohol and drug abuse patitnt reterdt. th)Title
and Mill tstablish's proper accounting systom in Vlll of the Civil Rights Act or ilia t42 Us C I
accordance with generally accepted accounting 13601 fit seq). as #mended. relating to non•
standards or agency directives. discrimination In the sale,rental or rrancing of
housing; (I) any other nondiscrimination
3. Will establish safeguards to prohibit employees provisions In the specint statute(s) under which
from using their positions for a purpose that application for Federal assistance is be:ng made.
constitutes or presents the appearance of personal and (j) the requirements of any other
or organisational conflict of interest.or personal nondiscrimination ststute(s) which may apply to
gai& the application.
4. Will initiate and complete the wort within the 7. Will comply.or has already complied. with the
applicable time frame after receipt orapproval'.of requirements of Titles It and III of the Uniform
the awarding agency. Rtlocatiort Assistance and Real Proptrty
S. Will comply with the Intergovtrnrntatal Acquisition Policies Act of 1970 (P.L 91.6461
Personnel Act of 1970 (42 U-S C. It 4726.4763) which provide for fair and equitable treatment of
relating to prescribed standards for merit systems per:e►ns displaced or whose property is acquired as
for prog-rams funded under one of the nineteen a result of Federal or federally assisted programs
statutes at regulations specified in Appendix A of These requirements apply to all interests in real
OP)rt's Standards for a 11trit System of Personnel property acquired for project purposes regardless
Administration(S C.F.R.900.Subpart n. arredtrai participation in purchases.
t. Will comply with all rederah statutes elating to 6• win comply with the provisions of the match Act
nondiscrimination. These Include but are set (S US C.11 1601-1508 and 7324.7326)which limit
limited to- (a)Title VI of the Civil Rights Act of the political activities of employets *best
principal employment activities are funded in
1964 (P.L.66.1521 which prohibits dis-riminatien !hole or In part with Federal funds.
on the basis of race.color or national origin;(b)
Title IX of the Education Amendments of 1072.as 9. Will comply.as applicable.with the provisions of
amended(20 US C.If 1691.16ft3,and 1US-16461, the Davis-Bacon Act(40 US C.112;54 to 276a-
which prohibits discrimination on the basis of sex; 7).the Copeland Act (40 US C. 1 2:6c and It
CO Section$04 of the Rehabilitation Act of 1973.as US.C.11 674).and the Contract Work Hours and
amended (29 US C. 1794).which prohibtts die- S4Sety Standards Act (40 U.S.C. It 327.333).
crimination an the basis of hend;apt;(d)the Age regarding labor standards for Wers".r assisted
Discrimination Act of 1976, as amended (42 eorutructionsubagreementa.
U.S C 11 6101-6107). which prohibits discrlm-
Lnation on the baits ofagt;
el#1ra Ov- 448 49461 .
a+nc•sre w We raw �•+ae
AtrO*trod for Local Roproduetlon
6/90 12c-2
8022.1
APPendix 12c
30 Kilt comply. U applicable. With flood Insurance 13 Will assist the a•srding agency to assuring
purchase rertuirtments of Section 102tai of the tomplianee with Section 106 of the National
Flood Disaster Protection Act of 1973(PI 93.234) Historic Preservation Act of 3966.as arneedW(l6
'rhich rtgvirts recipients in a special flood'hirard V S C. 4703. EO 11603 (identification and
area to participate In the program ondto purthast protection of historic proportitsl. sad the
Rood Insurance if the total cost of insurable Archaeological and Historic Prestrvatior► Act of
'"astruction and acquisition is=10.000 or shore. 1174136 US C.461&•1 of seq.),
13.Will comply with environmental standards which 14.Will comply with P.L. 93.348 regarding the
may be prescribed porsuant to the following tai protection of human aubjec4 invtrived in research.
Institution of environmental quality control drelopmtnt, and related activities supported by
antasures under the National ENTIteameht.ol this award olasisuutrs.
Policy Act of 196! (P.L. 11.1903 and Executive 13.Will comply With the Lbaratary Animal Welfare
Order MO) 31514. (b) notification of violating Act of 1966 (P.I.. 339.644, as amended. 7 C S.C.
facilities pursuant to EO 117311. k) protection of 1131 It seq.1 peruining to the art.handling.
,vttlands pursuant to EO 11!90.(41"tvaluation of +�'and
Road hazards in Aoadplains in attordantt with EO tttatmtnt of warm blooded animals held tar
31!98. (e1 assurance of project consistency with this award ofassig.ar other activities supported by
the approved State tnanagomcnt program
thrsawardofassistance
developed under the Coastal Zone Slanagtment 16. Will comply with the tesd-Based Paint Poisoning
Act of 1972 (16 l,'.S C. 11 1453 at set ); to Prevention Act (42 U.S C. If 4903 It stq r which
confermit) of Federal actions to State (Clear Air) prohibits the arse of lead based paint is
Impltmentstion Plans under Section 176(c)of the construction or rehabilitation of rtsidente
Clear Air Act of 1453. as amended 142 U.S.C. 1 urvctvrts.
7401 tt stq 1.(g)protection of underground sources 17.Will cause to be performtd the rtquired r4uticiat
of drinking water under the Safe Drinking Water
M and compliance audits k &crordanc: each the
Art of 1974. as amended. (P.L. 93.3233. and
protection of endangered species under the Single AudreActof 3991.
Endangtrtd Species Act of 1973.as amended.(P.L. 18. Will comply with act applicable rtquirtmenu ofall
93.205). other Federal laws,o=ttutivt orders,rtguistions
12. Will comply with the Wild and Scenic Rivtrs Act and policies governing this program.
of 1969 0 6 U.S C. if 1271 tt stq l related to
protecting components or potential components of
the national mild and scenic rivers system.
Prange t Of au'rxOt.2toCt><tsTmG WICAL tRLti Chair
Vv orange County Board of Commissioners
County Human Relations Commission 9/29/98
12c-3 6190 W u•o Mat InfA
8022.1 ,
Appendix 12c
ATfAt1MENT C }
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
I. Instructions for Certification
a. By submitting this application, the applicant is providing the
certification set out below.
b. The certification set out beta 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 Wort place Act, HUD, in
addition to air other remedies available to the Federal Government,
may take action authorized under the Drug-Free Workplace Act.
2. Certification Regarding Drug-Free Workplace Requi resents
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 hill 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;
iii. any available drug counseling, rehabilitation, and
employee assistance programs; and
iv, the penalties that say be imposed upon employees for drug
abuse violations occurring in the workplace;
3. licking 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 ,
4
Y
8022.1
Appendix 12c
.2-
4. Notifying the employee in the statement rewired by paragraph 1
that. as a condition of employment under the grant, the
employee will:
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 till 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 (ii), with respect to any
employee who is so convicted:
1. taking appropriate personnel action against such an
employee, up to and including termination; or
Ii. requiring such employet 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. Making 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
l
RtSTRICTIONS ON LOBBYING - CERTIFICATION
By submitting this application, the applicant certifies, to
the best of Us 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. 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,jand 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 .
i
tuw.a. U.S.Department of Housing and Urban Development
I # Georgia State Office
% Richard B.Russell Federal Binding
75 Spring Street, S.W.
Atlanta,Georgia 30303-3388
Q*pJA~-hud.gov)
- a
May 20, 1999 ,
E
MAY 2 1 1999
Ms. Annette M. Moore, Director
a
Orange County Human ..,►-
Relations Commission
P. O. Box 8181
Hillsborough,North Carolina 27278
Dear Ms. Moore:
SUBJECT: Fair Housing Assistance Program
Capacity Building Agreement— FY'98/99
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 1044s.
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.
ry trul our ��,�„
#� �
Gregory Bernard King, Hub Director
Southeast/Caribbean Office of Fair Housing
and Equal Opportunity