HomeMy WebLinkAboutContract 47312 CITY SECWAW
COWMCT NO. /72
Assistance Award/Amendment U.S.Department of Housing
and Urban Development
Office of Administration
I.Assistance Instrument "hype of_Ac7 Fwn
Cooperative Agreement Grant Award Arriendryient
3.Instrument Number Amendment Number 5. Effective Date of this Action J67._G6ntro1 Number
FF206K156002 SePtE31ruber 1,2015 LE:LN#756000528
-.I:--"'-" "__"'7'--' ....................
Name—Address—of Recipient 8.HUD Administering Office
Fort Worth Hurnan Relations Gorriirnission Fort Worth Regional Office of Fa¢r Housing
Hazel Haivey Peace Center of Neighborhoods 801 Cherry St., Unit#45 Suite 2500
818 Missouri Avenue, Fort, Worth,TX '76104 Fort Worth,TX '76102
8a, Name of Adr7ninisstrator Telephone Number
15UNg"#824614754 Garry L. Sweeney (8-17) 978-5 868
............................. .............. --I
0.Recipient Project Manager 9. HLA)Government Technical Representative
Angela Rush,Administrator Garry l Sweeney
1 11.As istarice Arrangement 12.Payment Method 13,ItLJD Payment Office
Cost Reimbursement �'ireaSLJIY heck Fl6rnbursement LIS, ng oaopinent
cost SliarinAdvance Cl--=k Fielld ACCOUnt Center, Unit#45, Suite 2500
0 Fixed Price Automated c learinghouse Ft- Wnrth. TX 76109
14.Assistance Amount 15.HUD Accounting and Appropriatiori Data
Prevlou�HUD Amount $0.00 15a,Appropdadon Number 15b.Reservation number
..........
8615/160144(TIN) (F,15) FHEO-06-15-01
Total HUD Amount
I I�00 Amount-Previousl ,Ob
......... .... ...........
Recipient Amour-it $
A!io),b thisacLion $736 31.1 00
'Total Instrument Amount $'736,311.00 'Total Obligation $736,311.00
16.Description
'rhis Cooperative Agreement is to provide$736,311 for the Fair 11ousing Assistance Mogram(FHAP)comprebensive funding
approach. Tlus Agoxvdmient is for funding distribution only and consists of the fifflowing clocturients which are incorporated he'rein
and made apart thereof, I'his Agreement is to approprhite funding for FY'2015.
This Agreement consists of die following docurnents Which are incorporated herein and made a part lhere;of.
1.Cover page.11.1J13-1044(8...90)
1 Schedule of Articles
3, Statement of'Work
4. Assurances
5. Supplemental Guidance and Insuiactions-FY2015 training requirenients and funding
6. Initial Contact Date
Order'of Perference: Notwithstanding any provision of flis Agreement to the contrary,in the event of a conflict arnoDg any of the
dccurneats,pertaining to die duties and responsibilides of the parties,the Statement of Work.will take precedence ovor the Schedule
of Articles.
The,subject Agreement is to provide Case Processing($569,200),Administrative Cost($1 t2,361)and'rrainhig($54,750)which
hichides the amount of$30,000 for Regional training fear FY2015,
....................._..........
17. [X Recipient is required to sign and return tf'iree(3)copies I&E.] Recipient is not required to sign this document,
of this document to the I NO Administering Office
..............
19.Recipient(By Narne) 20,HUD(By Name)
Fort Worth Hurnan n n Garry L.Sweeney--. ...........
SP &Titte Date(mmidd/y.yyy) Sigr��a& Ti fle Date(mrri/dd/yyyy)
.<............ >
Fernando Cost Gra t-CooperativeAgreekntOfficer,
fo -1 44 8/90)
an e WE ITY: re, ffiw :
R DAS TO FORIA AND LEGAL.". MECORD
CITY SECRETARY
C21
FT. WOR I'llo TIX
City Secmtary C,0'Y ATTOfiNEY
mdY- I I
10
2015 CONTRIBUTIONS AGREEMENT
SCHEDULE OF ARTICLES
1. SCOPE OF WORK(FIXED PRICE)
2. PERIODS OF PERFORMANCE
3. INSPECTION AND ACCEPTANCE
4. CONDUCT OF WORK
3.
INSTRUMENT AMOUNT AND REQUESTS FOR PAYMENT
6. NARRATIVE REPORT
7. CRITERIA FOR PROCESSING
S. PART 85
9. USE OF COOPERATIVE AGREEMENT FUNDS
10. MAINTENAN CE OF EFFORT
11. HUD°S SUBSTANTIAL,INVOLVFMENT
,. 12. ASSURANCES
13. USE OF CONSULTANTS
14. PUBLICATIONS AND NEWS RELEASES
1-5. REPRODUCTION OF REPORTS
16. FLOW DOWN PROVISIONS
17. DISPUTES
18. MAINTENANCE OF RECORDS
19. CUSTOMER SERVICE STANDARDS
20. REPORTING REQUIREMENTS
'1. T -ING
22. INITIAL CONTACT DATE
23. CHANGES LIMITING E CrIVE SS OF RECIPIENT'S LAW
24. FRAP AND FIRST AMENDMENT
25. TESTING
26. RELF--%SE OF INFORMATION WHILE COMPL-UNT IS OPEN
27. SEXUAL ORIENTATION. GENDER IDENTITY. NIARITAL STATUS. A.IND SOURCE OF
INCOME CAUSE DETERMINATIONS
Appendix A: Statement of Work
Attachment A: Criteria for Processing,
Z�
attachment B: Standards for Timeliness
Attachment C: Payment Amounts for FHAP Complaint Processing,
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1. SCOPE OF WORK(FIXED PRICE)
The Recipient(or Agency) shall furnish all the necessary personnel, materials, services,
equipment, facilities (except at 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
(SOW) and all attachments for the firm fixed price set forth herein.
2. PERIODS OF PERFORMANCE
The Recipient shall provide all services hereunder during the periods of performance.
For the FY2015 Cooperative Agreement,the periods of performance are as follows:
Complaint Processing: July 1, 2014—June 30,2015
Administrative Costs,Training: October 1, 2014—September 30, 2015
Note: While as a general rule, the cut-off day for incurring administrative costs is September
30. 2015, the GTR may change the cut-off date to several days before the end of the fiscal year
if that is necessary to complete closeout documentation,
3. INSPECTIONA.ND ACCEPTANCE
The Government Technical Monitor(GTM), if so delegated, may accomplish inspection and
acceptance of all but the final products. The Government Technical Representative(GTR)
shall accomplish acceptance of all final products. The GTR is identified in Block 9 of the
HUD-1044.
4. CONDUCT OF WORK
Durina the effective period of this instrument, the GTR or GTM shall be responsible for
monitoring the technical effort of the Recipient,unless the Recipient is notified in writing by
the Cooperative Agreement Officer(CAO)of a replacement. The CAO is identified in Block
8a of the HUD-1044.
Only the CAO 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 CAO, such deviation shall be at the risk of the Recipient, and any costs
related thereto shall be borne by the Recipient.
5. INSTRUNIENT AMOUNT AND REQUESTS FOR PAYMENT
Agencies that have received Capacity Building funds for one year may be eligible for
Contributions funds. Contributions funds consist of three categories: Complaint
Processin-,Administrative Costs; and Training. For FY2015, HUD is also providing
an"Enforcement Fund" through Special Enforcement Efforts (SEE)Funding.
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� - GTRs shall de1ennine payment amounts based upon the
FY2015 Payment Amounts for FHAP Complaint Proceayin,cr, which are found u1
Attachment C.
� Agencies that acceptably process 1@O cases or more shall
receive l8% of the Recipient's FHAP obligation amount for the preceding year.
For agencies that p/ncessfiewer than /00 cases, see Fy2D/5 Funding Guidance
fi/r/HA^p ^Co//tribotionx/1ge//c/cs'' /ortho.ffi/xd/ngftainem'o/it. Training-All
uReuojcx are eligible toreceive training funds for attendance at the Nu1ioou)Fair
Bousio-Tzaioio���u�ccoy<�}�{T/�), 00doLb��f�]D-un proved orBDO�)-
sponsored training. ��eF)�05F�4Pf�u,Jb/g G//� �
�rcrrgec�c
regoimnn«yWx related to troi///rgfi//,dt
� —HUD will make available upkz$L8
million bo SEE funds for FY]Dl5 the implementation ofuo Eql6rcement
Fund. SEE funds are funds that HUD inay provide touoo�uy�c���
enforcement activities of the u��oo/afubbouaia� l�x� /���ociea applying[bzoo
award from the Enforcement Fund must meet the eli(yibility criteria set forth iu
24[.F.11. § 1l5.3O5(u)<l/-<aX6).
Guidance covernm2 the operation of the fund is being developed and will be distributed.
It is envisioned that that decisions on requests for distributions will be made by the
lHAP Division in F14EK} Headquarters ooucumc'by-ouxebasis with the actual fund
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commitment taking place in the field as with all otbcrFBAP funds.
Tbc maximum amount for uocc under the Articles o[this Cooperative Agreement,Appendix,
and Attachments, iy the total amounts o[all categories o[[ooUributiooyfumdn (ie..[omp}aiot
Proccmsin-,Administrative[osts. Traioio-. and enforcement funding under SEE). Draw-downs are
permitted u1 the discretion o fdb GTR. Complete draw—downs draw-downs of the i tuJ��oun 1 obligated bo
for
Complaint Processing funds shall be permitted u1 any point after June SO, ZOl5, and before September
]0,2015.
The Recipient shall fb))ovv dbo instructions iadbc�n>�ono�uods[oo�m\�\oo(��i�sboucot[) in
requesting payments under the FHAP. Payment is subject to withholding if the CAO determines that
the Recipient is not complying with all terms of the Cooperative Agreement,the Appendix, and all
Attachments hereto.
6. NARRATIVE REPORT
A Narrative Report describing activities undertaken during,the periods of performance pursuant 8o
which payment is being,requested isrequired. The Narrative Report shall include u listing o[
complaints acceptably processed, including the oaouc of complainant,respondent, and date c)o»ed,
type of closure, date referred to legal for enforcement action, information on investigative and
couoUiadontccboigucs, umldeomdptinuao[ullucdvidexuudertmkeotojuxdfvulludndoiutrutive
closures. This list must dccnouoUrotc that the agency receives and processes a reasonable number mf
��� 000upluiuiscognizable uodertbeFub��oVxbzg/�ct,uyroquizcdin24[fqR § ll5.2Q6(e)(7). The
��
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r :r: Narrative Report shall also include a description of outreach activities undertaken in support of fair
housing case processing to educate the public on fair housing rights and responsibilities. The
GTR/GTM should verify that the Recipient is undertaking,the education and outreach activities
identified. If the Recipient meets the requirements outlined in the FY2015 F Funding Gzudcrrzce,
remaining funds may be used to undertake the fair housing education and outreach activities.
. CRITERIA FOR PROCESSING
The Criteria for Processing are the standards by which HUD determines whether a complaint,
cognizable under the Fair Housing Act and processed by the Recipient, warrants reimbursement with
FHAP funds. The Criteria for Processing are incorporated as Attachment A.
8. PART j
The Administrative Requirements for Grants and Cooperative Agreements (24 CFR Part
85) are hereby incorporated by reference. The Agency must be familiar with these
requirements and verify to the GTR/GTM that the Recipient has a copy on file. A copy of
Part 85 may be obtained from your agency's GTR/GT . You may also access a copy by
entering "24CF 85" in the quick search box on the Government Printing Office website at:
llt tn.://www°.�gpoaccess.�'ov/c fr/index.html
9. USE OF COOPERATIVE AGREEMFNIT FUNDS AND NO CO-TMINGLING
The Recipient is entitled to receive the fixed amount identified in Block 14 of the -1044
for satisfactory completion of the work to be performed,regardless of costs incurred. FHAP
funds must be used for the purpose that HUD provided the funds including the processing of
complaints cognizable under the Fair Housing Act,training under the Fair Housing Act and
the state or local fair housing law, administrative costs associated with fair housing complaint
processing,creation and maintenance of data and information systems. and the development
and maintenance of fair housing education and outreach projects. The Recipient must
segregate FHAP funds from the Recipient's and the state or local government's other funds.
10. XLkU�TENANCE OF EFFORT
The Recipient must spend at least 20 percent of its total annual budget on fair housing
activities if it enforces antidiscrimination law(s)other than a fair housing law. The to "total
annual budget" means the entire budget assigned by the jurisdiction to the agency for
enforcing and administering antidiscrimination laws,but does not include fiends.
Maintenance of effort also means that the Recipient shall not unilaterally reduce the level of
financial resources currently committed to fair housing. Budget and staff reductions
occasioned by legislative action outside the control of the Recipient will not, alone,result in a
determination of ineligibility. However,HUD will take such actions into consideration in
SQ assessing the ongoing viability of a Recipient's fair housing program.
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i SUBSTANTIAL INVOLVEIVIENT
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 may include, but is not necessarily limited to, the following:
1. Review and guidance during and upon completion of cases cognizable under the Fair Housing
Act; v
?. Requests for additional information on cases to provide clarification or for completeness of a
case investigation or file;
3. Development and presentation of national and regional office fair housing investigation and
conciliation training;
4. Participation in the development and presentation of in-house investigation and conciliation
training;
5. Participation and approval of education and outreach prograins or materials,
6. Provision of appropriate directives and guidance for case processing;
7. Assistance in the investigation, conciliation,and/or enforcement of fair housing cases
cognizable under the Fair Housing Act;
8. Requests for updates on the funal status of cause determinations; and
9. Review and analysis of agency's fair housing law for determinations of continued substantial
equivalence to the Fair Housing Act.
12. ASSURANCES
As a condition for the receipt of ds, the Recipient assures HUD that it will:
A. Provide a drug-free workplace;
B. Comply with the provision of the Hatch Act(5 U.S.C. Sections 1501-1508 and 7324-7328)
which limits the political activities of employees whose principle employment activities are
funded in whole or part with Federal funds;
C. 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;
D. 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
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nineteen statutes or regulations gulations specified in Appendix A of OP 's Standards fora Merit
System of Personnel Administration(5 C.F.R. 900. Subpart F),
E. Comply with all federal nondiscrimination laws micludiri'g. but not necessarily limited to: (a)
Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race,
color,or national origin by recipients of federal financial assistance(b)Title IX of the
Education Amendments of 1972, as amended, which prohibits discrimination on the basis of
sex by recipients of federal financial assistance . (c)Section 504 of the Rehabilitation Act of
1973, which prohibits discrimination on the basis of disability by recipients of federal financial
assistance, and(d) the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age by recipients of federal financial assistance,
F. Comply with all applicable requirements of federal laws,executive orders, regulations, and
policies governing this program; and
G. Comply with the requirements of the Resource Conservation and Recovery Act which
mandates that state agencies usinc, 1-n
federal funds for procurement programs give preference to
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products containing recycled materials when purchasing specific products identified in
' es developed by the Environm
C 'del ental Protection Agency(40 CFR 247-253).
yul In
13. USE OF CONSULT-ANTS
Salary payments to consultants under this 'instrument shall not exceed the equivalent of the
maximum daily rate paid to level IV of the Executive Schedule, as evidenced by current pay
vouchers.
14. PUBLICATIONS AND NEWS RELEASES
A. Definition. For the purpose of this clause."publication" includes:
(1) Any document containing information for public consumption,
(2) The act of,or any act that may result in,disclosing information to the public-,or
(3) Any products resulting from the education and outreach efforts of the Recipient that are
planned to be made available to the public through dedication, assignment by the Government,
or other such means as RUD shall determine.
B. 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,
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survey instruments,computer tapes, and any other physical materials and products
produced directly under the SOW of this instrument are considered Official Products of
Work,owned by the U.S. Government and held for the benefit of the public.
C. Publication of Official Products of or
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Official Products of Work, quotations there from, 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.
D. Acknowledgement and Disclaimer
Z=
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 Ag with the U.S. Department of Housing and Urban
I _-Teement%vi
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 Governinent."
E. Notice of News Release and Public Announcements
Copies of all press releases, formal announcements. and other planned, written
issuances contairanc,news or information concern-mg this instrument that may be
made by the Recipient or its staff,or any subcontractor or other person or organization
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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 D above, entitled Acknowledgement and
Disclaimer.
The Recipient agrees that no news releases or public announcements involving FHAP
funded activities will be released to the public without prior HUD approval. The
Recipient further agrees that it will submit any and all press releases/news
announcements, studies and/or other products developed with MAP funds to the
GTR for review and approval of at least two weeks prior to its release,unless HUD
agrees to waive the two-week submission requirements. Publication flyers, and other
routine documents previously approved by the GTR and/or the Department, may be
published without further HUD approval.
15. REPRODUCTION OF REPORTS
ha accordance with Government Printing and Binding Regulations,reproduction of reports,
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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.
16. FLOW DOWN PROVISIONS
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The Recipient shall 'include provisions ofthis instrument 'in uU contracts of employment with
persons who perform any part ofthe work under thisbsUruoent, and with all subcontractors
and other persons ororgamizudooxparticipating ioanyyaoofdbcvvorknndcrdbiaiostoumeo1.
There shall 6e provisions for a further flow down of such requirements to each sub-tier of
employees and subcontractors to the extent feasible. If the Recipient subcontracts to a public
or private orggamization any activity for which it receives FHAP funds. it must ensure in
writing that the organization is complying with all relevant civil rights laws 'including: (o)Tide
VIof the Civil Riehts Act ofl964: (b)Title IXof the Education Amendments ofl972. os
amended. (c) Section 5O4of the Rehabilitation Act of \973, and(d)the Aae[>iscciminotioo
Act o1 \975.
17. DISPUTES
During performance of the instrument,diouareczoeoLsmay anise between the Recipient and the GTR
on various issues, such as the acceptability of complaints fom,arded for reimbursement. If a dispute
arises,the CAO shall bc the final authority oo the matter and shall prepare ufioul decision, taking into
account all facts and documentation presented. The CAO'n decision shall bc mailed,erouiled,faxed,
or telephonically provided to the Recipient.
18. INIARqTENANCE OF RECORDS
The GTR and CA(J are 10 maintain all appropriate records relating to the implementation ofthis
cooperative agreement for a period of 5 years for the GTR files and a period of 7 years for the CAO
files. The files for the C/LO are to he kept in u secure place and should be accessible 10 ndbers only
with the CAO's permission. After 7 and 5 years respectively, the records may be archived at the
records center.
The Recipient agrees to maintain records demonstrating its financial udnobJstratinonfFBAPfunds.
The Recipient also agrees to maintah'i records of its performance under FHAR including all past
performance assessment reports,performance improvement plans,and other documents relative k7the
Recipient's performance.
The Recipient ugrecstm pernut reasonable public access k>its records oy required u124CFR §
I 15.300(c) (i.e., records are made available olthe agency's office during normal working hours for
public review). The Recipient agrees to permit the Secretary of HUD, Inspector General of HUD,
Comptroller General of the United States. and any of their authorized representatives. access to all the
pertinent books, accounts. reports, files, and other payments for surveys. audits,examinations.
excerpts and transcripts ms they relate to the a�eocy`spa�icipudoninthe }�l/�P. The|�ecipicntu�ecy
to keep fi|ex 'in such u fashion osto permit the audits under applicable{)fficcof Management and
Budget circulars, procurement regulations and guidelines, and the Single Audit requirements for state
and local agencies.
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19. CUSTOMER SERVICE STANDARDS
The Recipient agrees to ensure that any and all individuals associated with fair housing complaints,
including aggrieved persons,complainants,respondents,and representatives, are treated with dignity
and respect. The Recipient agrees to maintain regular contact with parties to a complaint, including
not allowing more than 30 business days to pass without some forin of contact with parties. The
Recipient agrees that its staff will not communicate disinterest or distrust inn the complaint process to
any of the parties to the complaint. Complaints to HUD from individuals associated with FHAP fair
housing complaints will be reviewed by the GTR. The GTR will work with the Recipient and the
individual to resolve the matter. In addition, customer satisfaction issues identified that may impact
the timely and effective processing of fair housing complaints will be considered when HUD conducts
performance assessments of the Recipient in accordance with 24 CFR § 115.206.
20. REPORTING REQUIREMENTS
The Recipient agrees to provide the GTR timely inforination on all fair housing complaints cognizable
under the Fair Housing Act, from receipt to closure,regardless of whether payment has been received
by the Recipient.
The Recipient agrees to fully utilize the Title VIII Automated Paperless Office Tracking Systems
(TEAPOTS)and input information in TEAPOTS in a timely manner. Failure to meet this requirement
shall result in HUD ientifynng such failure as a deficiency in the agency's performance
assessment,thereby autho ing to proceed with performance deficient procedures enumerated
i_ Y Y P
in the FHAP regulation at 24 CFR § 11 5.210.
2 . TRAINING
The Recipient agrees to send staff to mandatory trai . g sponsored by , including,but not
necessarily limited to, the National Fair Housing Training Academy and the National Fair Housing
Policy Conference. The Recipient shall participate in such trainin6s in accordance with the
requirements enumerated in the document entitled FY2)015 FHAP v Funding ce.
22. INITIAL CONTACT DATE
The Recipient must use the Initial Contact Date field in TEAPOTS to record the actual date on
which a complainant first contacts the Recipient or FHEO to inquire about filing a housing
discrimination complaint, or to report an alleged discriminatory housing practice. The Recipient
will be required to comply with the following procedures with respect to documenting a
complainant's initial contact.
For cases initially filed with the Recipient, the Recipient must:
A) Maintain records of each complainant's initial contact with the Recipient,
including records of all telephone, e-mail, letters, and in-person contacts;
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B) Place the original record of a complainant's initial contact, or a copy of that
record, in the case file under the complainant's evidence section of the file,
consistent with the requirements of Chapter 10 of the Title VIII Manual; and
C) Ensure that the Initial Contact Date field in TEAPOTS reflects the earliest date of
contact referenced in the case file.
For cases initially filed with FO, the Recipient:
A) Must ensure that the Initial Contact Date filed in TEAPOTS reflects the earliest date
of contact referenced in the case file referred to the Recipient by FHEO,
} Must not change the date that FHEO entered in the Initial Contact Date field in
TEAPOTS even if records contained in the case file received from FHEO reflect a
later date of contact by the complainant. If FHEO has entered an initial date of
contact in TEAPOTS that is earlier than any contact date referenced in the case file,
the Recipient must contact the FHEO regional office to obtain any records of contact
that may have been omitted from the case file.
23. CHANGES LIMITING EFFECTIVENESS ' W
Pursuant to 24 C.F.R. 115.211(a), if a state or local fair housing law that a Recipient enforces is
`j amended, or rules or procedures concerning the fair housing law are adopted, or judicial or other
authoritative interpretations of the fair housing law are issued, the Recipient must notify HUD's
Fair Housing Assistance Program Division within 60 days of its discovery. This requirement
also applies to the amendment, adoption, or interpretation of qnyielated law that bears on any
aspect of the effectiveness of the FHAP agency's fair housing law. Send correspondence to:
Director, Fair Housing Assistance Program Division
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 Seventh Street, S , Room 5206
Washington, DC 20410
24. FHAP AND THE FIRST AMENDMENT
None of the funding made available under the FHAP may be used to investigate or prosecute any
activity engaged in by one or more persons that may be protected by the First Amendment of the
United States Constitution.
25, TESTING
The following requirements apply to testing activities funded under the
WN A. Testing must be done in accordance with a -approved testing methodology;
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B. Testers must not have prior felony convictions or convictions of any crimes involving fraud
or perjury:
C. Testers must receive training or be experienced in testing procedures and techniques,
D. Testers and the organizations conducting tests, and the employees and agents of these
organizations, may not: 1) have an economic interest in the outcome of the test, without
prejudice to the right of any person or entity to recover damages for any cognizable injury: 2)
be a relative or acquaintance of any party in a case; 3) have had any employment or other
affiliation, within five vears, with the person or organization; or 4) or be a competitor of the
person or organization to be tested in the listing, rental, sale or financing of real estate.
26. RELEASE A .T IN AI IS OPEN
As a general rule, the Recipient will not release infonnation collected during the course of the
investigation while the complaint is open. There are three exceptions. First, the Recipient will
provide information to HUD, consistent with Section 11 of this document. Second, a party to a
complaint being investigated by the Recipient is entitled to receive a copy of any document it
submitted during the investigation of the complaint. Third, during conciliation, a conciliator may
opt to use the strategy of revealing portions of the evidentiary section of the investigative file to
the parties. This type of disclosure may also occur during an investigation when a Recipient
investigator questions a party or a witness about a document or a statement in a document.
2 . SEXUAL ORIENTATION, N , MARITAL STATUS, AND
SOURCE OF INCOME CAUSE DETERMINATIONS
Recipient must submit to the Fair Housing Assistance Program (F HAP) Division copies of
sexual orientation, gender identity, marital status, and source of income cause determinations.
The General Section of 's Notice of Funding Availability ( OFA) deems ineligible
applicants that have not satisfactorily resolved a cause determination from a FHAP agency for a
systemic violation of a state or local prohibition of sexual orientation, gender identity, and source
of income housing discrimination. Additionally, on February 3, 2012, HUD issued a final rule
entitled Equal Access to Housing in UD Programs Regardless of Sexual Orientation and
Gender Identity, which mandates recipients of HUD funds, -insured lenders,
and A-mortgagors to provide access to HUD programs without regard to sexual orientation.
Render identity, and marital status. Receipt of cause determinations from FHAP agencies on
these issues will assist HUD in determining whether an applicant is ineligible for funding under
the NOFA and/or has violated the Equal Access Rule. FHAP agencies should submit such
determinations electronically to LG Tfairliousing @lntd.gov, or send hardcopies to:
Director. Fair Housing Assistance Program Division
Office of Fair Housing and Equal Opportunity
U.S. Department of Housing and Urban Development
451 Seventh Street, SW. Room 5206
Washington, DC 20410
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a` APPENDIX A - CONTRIBUTIONS A
Y 2015
1. The Recipient agrees to process housing discrimination complaints cognizable under the Fair
Housing Act in accordance with the Agreement for the Interim Referral of Complaints and
Other Utilization of Services (Inter-I'm Agreement) or Memorandum of Understanding( OU)
between the Recipient and HUD, the Schedule of Articles, the Criteria for Processing,and 24
C.F.R. Part 115.
?. The Recipient agrees to cooperate with HUD in the processing of housing discrimination
complaints cognizable under the Fair Housing Act in accordance with the Interim Agreement,
OU, the Schedule of Articles, the Criteria for Processing, and 24 C.F.R. Part 115.
3. The Recipient agrees to augment its fair housing enforcement efforts by engaging i outreach
and education, and engaging and participating in training and technical assistance pursuant to
the Interim Agreement and MOU.
4. The Recipient agrees to follow 's guidance in processing complaints cognizable under
the Fair Housincr Act unless and until the Department rescinds such requirement in writing to
the Recipient.
:> 3. The Recipient agrees to identify to FIUD all staff assigned to carry out fair housing activities
ry by name, position, salary, relevant experience, and percentage of time spent carrying out fair
housing responsibilities.
G. The Recipient may be required to participate in customer satisfaction evaluation activities
sunder this agreement. The Recipient agrees to furnish to HUD all information collected from
its customers in the form specified by HUD.
7. If the Recipient has aged cases, upon request from HUD, the Recipient must provide updates
to HUD on its handling of aged cases and submit a plan to the GTRJGTM for closing such
cases.
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