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86-1316 WHITE - C�TV CLERK �. PINK - FINANCE * n �} CANARY - DEPARTMENT r �1 TY OF SA I NT PA U L COUACll y ' / �(/ BLUE - MAVOR File NO. G� �j City Attny/KFH , , o �c�l Resolution Presented By � Referred To Committee: Date Out of Comm�ttee By Date RES LVED, that the proper city officials are hereby authoriz d an directed to execute an Agreement with the United S ates Department of Housing and Urban Develoument (HUD) wh reby HUD will reimburse the City' s Department of Human Ri hts ' the amount of $16 , 200 . 00, for the investi- gation a d ot er administrative handling of discrimination affirmat've a tion complaints , � said contract in the total amount o $16 , 200. 00; a copy of said Agreement to be kept on file nd o 'Irecord in the Department of Finance and ?•.tanageme t Se vices . COUNCILMEIV Requested by Department of: Yeas � Na s � Nicosia � Rettman In FBVO[ � Scheibel I �— Sonnen __ AgeIt1S� BY Tedesco Wilson SEP 1 8 1986 Form Approved by City Attorney Adopted by Council: Date Gertified Ya. • d y u � � By, �. Appro y Mavor. D te 1 9 1986 Appr e by Mayor for Subm' s'on � C il B _ _ By PUBL SNED S E P 2 7 1986 � HUMAN R I GHTS DE PARTMENT � �G��3�� 4 5 7 ,. ;� -,_k��� �_, ��, � . Maril n Monroe CONTACT X-4288 PHONE � September 4, 19 6 DATE �e�r ,r e ASSIGN NUMBER FOR OUTING ORDER Cli All Locations for Si nature : 1 Department Dir ctor �Director of Manageme t/Mayor � Finance and Ma agemen Services Director City Clerk Budget Directo 2 City Attorney ' WHAT WILL BE ACHIE ED BY AKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ HUD will reimb rse us for our Title VIII Cases. Rationale) : The contract a ount, 16,200, is based on the number of approved HUD cases losed during 198� (2 ) at a rate of $600 each, plus additional funds for' training. (Must be submi ted to HUD by September 19, 1986. ) COST/BENEFIT BUOGE ARY PERSONNEL IMPACTS ANTICIPATED: � �y° \ `°` �,.� � FINANCING SOURCE AN BUDGE ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of ransac ion: quired if under $1O,OOQ) Funding Source: Activity Number: ATTACHMENTS List a d 'Numb r All Attachments : Four (4) Copies of our FHAP agreement with HUD for Fiscal Year '87. _ (Assistance Awa d/Amen ment) _ � DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Counci Resol tion Required? Resolution Required? Yes No Yes No Insura ce Re ired? Insurance Sufficient? Yes No Yes No Insura ce At ched: (S E REVERSE SIDE FOR INSTRUCTIONS) Revised 12/g4 { , . - . � ��-%�� U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT � � ASSISTANCE AWARD/AMENDMENT C.GC�'�'f ���6"v-� f ' G t. ASSISTANCE 1 STRUME T 2. TYPE OF ACTION CSl Cooperati e Agree nt O Grant QD Award � Amendm nt 3. INSTRUMENT UMBER 4. AMENDMENT NUMBER 6. EFFECTIVE DATE OF THIS . CO R L B HA-15059 AJtt' Z 2 19� 86-1I15 7. NAME AND AD RESS OF RECIPIENT 8. HUO ADMINISTERING OFFICE OHIa of Procuromsnt snd Co�tnct� St. Paul De artme � of Human Rights �151-7th Strsst,S.W.fRoomE�1E74�1�K ,}t 5256) 515 City Ha I and 'Courthouse wa.h�nQCOn,o.C. 2wto St• P8t11� nneso a SSIOZ NAME OF ADMIN,ISTRATOR T LEPHONE NUM9ER Lucille Scruggs ( 02) 755-5585 ' 10. RECIPIENT PR JEC7 M AGER g. HUD-GTR Re iona -GTM George son omas gg n ot an Marilyn Mon oe, Di ector 451 7th St. , SW 300 So. Wacker Dr. 11. ASSISTANCE R RANGE NT 12. PAYMENT METHOD �Room 5214)2���t�,DC Chicago I1 60606-676 ❑ Cost Reim ursemen � Tra�ury Check 13. HUD PAYMENT OFFICE O Cost Shari g Reimbursemsnt D,HUD — Of f ice of Finance a d Accounting � Fixed Pri p qd���(�e� 451 7th St., S.W. (Room 327 ) O Other O Letter of Credit Washington, DC 20410 14. ASSIS7AMCE A OUNT 16. HUD ACCOUNTING AND APPROPRtATI N QATA Previous HUD mount S -Q— APPROPRIATION NUMBER RESER ATIQN NUMBER HUD Amount his Acti 16,200 � Total HUD Am unt s 16 200 Amounts Previously Obiigated _0_ Recipient Amo nt S -0- Obli�ation By This Action 6 200 Totai Instrume t Amaun 16 200 otal Obligation 6 200 16. DESCRIPTION I - _ _ . ____ _ _ — �.--- COQPERATI E AG 'EMENT FOR TYPE I FAIR HOUSING ASSISTANCE PROGRAM (FHA ) CONTRIBU IONS D TRAINING This agre ment ensists of the following, which is incorporated herei and made a part here f: � 1. Cover Page D-1044 (12/78) (1 Page) 2. Sched le of rticles 3. State ent o ;Work 4. Agree ent G eral Provisions ' ORDER OF REFEREICE: Notwithstanding any provisions of this agreement to the contrary, in the event of a conflict among any of the documents pertai ing to the duties an respo� ibilities of the parties, the Schedule will. take pre edence over the Gener 1 Prov sions. 17. Q Reeipisnt i� uirod to t �nd ntum thne�3)eopia ot this iH. ❑ R�cipi�nt is not n4uind to sipn thi�doeu . nt doeument to UO Admi rninp Offiee 19. RECIPIENT(ByJ 20. Hua/er1 NAME AND TITLE DATE AME AND TITLE � D TE , `.. � C'� , ,� , '�OC.1� �Q�• J �� ,Ma r APPR U AS T0. M: Hua�aae��sas► , c.�--- R�rector, F�r�a ce & M m t. Services - Date Assist nt ity Attorney - �G-i3i� . , FAIR HOUSING ASSISTANCE PROGRAM TYPE I AWARD SQiIDULE OF ARTICLES ARTICLE N0. TITLE I DEFINITIONS I I AMENDMENTS III SCOPE OF WORK IV PERIOD OF PERFORMANCE V AGREII�iENT AMOUNT, PAYMENT AND SUBMISSION OF VOUCHERS VI CONDUCT OF WORK VII INSPECTION AND ACCEPTANCE . - VIII _ CONSULTING, SERVICES �: _ Ig RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS X APPLICABILITY OF THE SINGLE AUDIT ACT gj MONITORING AND REPORTING PROGRAM PERFORMANCE XII SUSPENSION AND TERMINATION XIII DISPUTES XIV OTHER ADMINISTRATIVE PROVISIONS X�i PUBLICATION AND NEWS RELEASES - � . � � -i3i� ARTICLE I DEFIN TIONS A. The te "Rec pient" refers to the performing organization receivi funding under t is co perative agreement. B. The te "Ins xument" refers to the legal document which comprises e full agreeme t bet een IiIJD and the recipient. It is synonomous with "co erative agreeme t." � C. The te "Coo rative Agreement Officer" (CAO) refers to the individ 1 delegat d the � uthority by HUD to execute and administer this instru ent. _ ARTICLE II AMEND NTS A. This i trumen may be changed at any time by a written amendment. � Amendme ts whi'h ref lect the rights a'nd obligations of either party hall be execute by bo h the Gover�ent and the recipient. Administrative e�dments . such as chang in appropriation data may be issued unilaterally by he CAO. ARTICLE III - SCOP OF WORK : A. The Reci ient �hall furnish the necessary personnel, materials, servi ces, equipme t, fac lities (escept as otherwise specified herein) and oth rwise do all t i�qgs 'ecessarq for or incident to the performance of the wo k set forth in the S �atement of Work (Appendix A). . - w_ _ _ __ __ ARTICLE IV - PERIO OF YERF6RMANCE °""-- A. The Reci ient hall complete all work hereunder, including delivery the final re ort, � or befoze twelve (12) months from the effective dat of the a reemen . ARTTCLE V - GREE AMOUNT PAYMENT AND SUBMISSION OF VOUCHERS A. The firm award mount for performance of the Statement of Work and al other requirem nts of� this agreement is $ 16,200 , to be distributed a f ol lows: d amount of to 1. The ecipie t shall be paid the firm fixe $ 13 200 supp rt the ��agency's fair housing enforcement effort in accordanc with Append x A, Statement of Work. Payments shall be made in ac ordance with paragr ph B. below. 2. The ecipie t shall be paid the firm f3xed amount of $ 3,000 to supp rt the 'training participation by a minimum of 4 empl yees in H D spon �ored training. Failure to send the specified number f � part cipant to training will resu lt in a $750 reduction for each non- ttenda 't below the minimum. — - ��-- /�/� B. DATE FOR RECIP NT'S OONTRIBUTINS SUBMISSI N OF :F. 270 FIXED PAYMENT AMOUNT TRAININ ` _ See C 30 days fter t e effective S 3,300 date of nstru nt . 150 days after he effective $ 3,300 date of nstru nt 270 days af ter he ef fect ive $ 3,300 � date of nstr � nt Final su missio 30 days $ 3,300 after th compl tion date of ins tr ent � C. The Reci ient s 11 submit Standard Form 270 "Request for Advance or eimbursement", to the R ional 'Goverinonent Technical Monitor (RGTM) at the address sp cified in Block 9 of t e cover page of this A.greement on the dates stipulate above. 1 req �ests for payments shall be submitted in an original a d three (3 copi . In addition, a copy of the SF-270 shall be sent df ectly to the G vernme t Technical Re resentative (GTR) at the other address specifi in B1 ck 9. Payment or ite A.2 shall be made at the next available billing peri d after the Training partic pation has occurred. Payment is subject to being wit held if it is the ju gement of the RGTM that the Recipient is not camplyin with all term of th Cooperative Agreement. The Recipient shall identify the � = Coopera� e-Agr ement Number_in Blo.cke4 of the SF-270 on all invoices The final in oice s all be submitted not more than 30 days, after the com -letion -� - date of t ins !rument. D. Each Sta ard F 'rm 270 shall be accompanied by a Narrative Report wit an attached isti of all complaints processed (i.e. closed or concilia ion failed) d ring �he billing period. The list should include name of complaina t, na of respondent, date closed or date concili3tion fai ed subseque to a �finding of discrimination, and docket uumber. The re ort shall als desc �ibe the activities undertaken by the Recipient during the billing period in suppo of fair housing enforcement and training. The trai �g portion o the 'eport should be accompaaied by a listing of agency pa ticipants with nam and tes attending. E. The Crite ia fo IiPayment/Processing is hereby incorporated by referen . Intereste offe pr's may obtain a copy by contacting Lucille Scruggs (202) 75 5585. � F. The Gover ent 11 forward all payments to the following address: ARTICLE VI COND I OF WORK A. During he ef Ictive pe riod of this Agreement, the Regional Governme t Technic 1 Moni or identified in Block 9 of the cover page shall be r sponsible for mon torin,t,the technical effort of the Recipient, unless the Rec pient is noti ied i ,writiag by the Cooperative Agreement Off icer (CAO) of a replace ent. _ �3i� �� � Onl t e CAD as the authority to authorize deviations froan this B. y instr ent, cludiag deviations from the Statement of Work. In th event he Rec pient does deviate without written approval of the C , such d viati shall be at the risk of, and any costs related ther to, shall bor by the Recipient. � ARTICLE VII INS ECTIO IAND ACCEPTANCE A. The i pectio and acceptance of all interim product deliverables reunder shall e perf rmed by the RGTM, excluding the final product which s all be inspec ed a laccepted by the GTR, with the concurrence of the RGT . ARTICLE VIII CO SULTI SERVICES " A� � req red HUD's Appropriations Act, ealary payments to consult nts under this i trume t shall not exceed the equivalent of the maximum dai rate paid to GS- 8 Fede al Employees. " ARTICLE IX RETE ION CUSTODIAL RE UIREMENTS FOR RECORDS - A. Financ al rec rds, support iug documents, statistfcal records and al other ecords� pertinent to this instrument shall be retained for a period of thr e years, with following exceptions: (1) If any liligation, claim or audit is started before the expiration- of the t ee-year period, the records ehall be retained until 1 li igati claims, or sudit findings involving the records hav . �. __ _---- -be n res ved. _ _ _ (2) Re ords Ir nonexpendable property, if any, acquired with Fede ion. fu s sh 1 be retained for three years after its final disposi (3) W n rec �ds are transferred to or maintained by HIJD, the 3-ye r re entio ! requirement is not applicable to the recipient. g. The re entio , period starts fram the date of the submission of the � final pend ture report. C. The re ipie � must be suthorized by the CAO if the recipient desir to s �stitute microfilm copies in lieu of original records. D. IitJD wi 1 req st transfer of certain records to its custody fram t e recipi nt wh it determines that the records possess long-term retent on va e. The recipient shall make such transfers as are r uested. Howeve , in rder to avoid duplicate record-keeping , HUD may mak arrang ments ith the recipient to retain recoFds at the point of se, for those hat a contirniously needed during the progress of the work. E. The Se retar liof HUD and the Controller General of the United Stat s, or any of th ir duly authorized representatives, shall have access to any pert i ent books, docume�ts, papers and records of the recip ent, and it subc �atractors, to make sudits, examinations, excerpts and transc ipts. '' _ � . � - 3�� . . �(o / . . ARTICLE X APPLI ABILI I OF THE SINGLE AUDIT ACT A. This a reeme I is subject to the requirements of the Single Audit t of 19 (31 U C 7501-7507). B. HUD im lement� tion of the Single Audit Act is published at 24 CFR Part 4 . Its� applicability to this program is established at 24 CFR 11 .108 ( ). ARTICLE XI MONI ORING I REPORTING PROGRAM PERFORMANCE A. Recipi nts shlll constantly monitor their performance to assure tha time s hedule are being met, projected work units by time periods re being ccompl shed, and other performance goals are being achieved. This r view s 11 be made for each program, function, or activity i accord nce wi h the requirements set forth below. B. Recipi nts s �11 submit a performance report (technical report) for this i trume �t tt�at briefly presents the following information for each p ogram, lf unction, or activity involved: (1) A ompari on of actual accomplishments with the goals establish d fo the p riod, the findi�gs of the investigator, or both. If . _ _. t outpu of the programs or projects can be readily quantifie , . _.._ __. su h quan itative data should be related to cost data for ---- - - co putati n of unit costs. (2) Re sons wly established goals were not met. (3) Ot er pe linent information including, when appropriate, analys s a expla tion of high uait costs. C. The re ipientishall submit the performance report quarterly with it SF 270 Reques for Advance or Reimbursement. D. Betwee the r quired performaace reporting dates, events may occur that ve sig ificant impact upon the project or program. In such instan es, t e recipient shall inform the CAO as soon as the follow ng typ s of conditions become known: (1) Pr blems, !delays, or adverse conditions that will materially af ect th ability to attain program objectives, prevent the me ting o time schedules and goals, or preclude the attainment of projec work units by established time periods. This disclo ure sh 11 be ccompanied by a statement of the action taken, or co templa ed, and any Federal assisance needed to resolve the si uat ion , (2) Fa rable �developments or events that enable time schedules to met soone � than anticipated or more work units to be produced t n ori inall pro�ected. � . � ' � ' �'�-�.�/� . . ARTICLE XII SUS ENSIONI'AND TERMINATION PROCEDURES: - A. The fo lowing I�.definitions shall apply: . (1) T rminatlon - Termination of this instrument means the cancel tion o Feder 1 assistance, fn whole or in part, under the instrume t at a y time ;prior to the date of campletion. (2) S spensi n - The suspension of this instrument is an actiori by the C that temporarily suspends Federal assistance under the i trume �t pending corrective action by the recipient or pendi a ecisi �n to terminate the instrument by HUD. - B. When t reci �ient has failed to camply with the terms, conditions, or standar s of �he instrument, the CAO may, on reasonable notice to t e recipie t, s !pend the instrument and withhold further payments, pending corre !tive action by the recipient. �' C. This i trume t may be terminated for cause or convenience. - (1) Te inati n for cause - The CAO may terminate this instrument i who e or n part at any time before the date of completion, whe ever it s det irmined that the recipient has failed to camply with t e con tion , of the instrument. The CAfJ s I 11 promptly notify the recipient in writing of the det rmina �ion and the reasons for the termination, together wit - • ---- t effec �ive date� -Paymeats.made to the rec�ient_.or recoveri s by HUD in t event this instrument is terminated for cause shall - - in ccord �ice with legal rights and liabilities of the parties. (2) Te inati for convenience - This instrument may be terminated n who e or part when both parties agree that the continuation the proje � would not produce beneficial results commensurate wi h the furth r expenditure of funds. The two parties shall agree u on the termi tion conditions, including the effective date and, i the cas of p tial terminations, the portion to be teYminated. The rec pient hall not incur new obligations of the terminated port on aft r the fective date, and shall cancel as many outstanding ob gatio as possible. The CAO shall allow full credit to the rec pient or the federal share of the noncancellable obligatio pro erly i curred by the recipient prior to termination. (3) The parti � shall promptly settle the terminated instrument. In dditio , the parties shall execute upon settlement a written ame ment etting forth the terms and conditions of the settleme t a gr eme nt. ' ARTICLE XIII - D SPUTES! A. During erfo I nce of the agreement, disagreements may arise betwee the recipie t and he CAO on various issues. If a dispute concerning a questio of fa t arises, the CAO shall prepare a final decision, tak ng . . . �'�/3/� into ccountl' all facts and documentation presented. The decision hall be ma led toithe recipient, who may appeal the deeision within thi ty (30) ays to the Director, Office of Procurement � Contracts ARTICLE XIV - 0 �R AD INISTRATIVE PROVISIONS The r cipent � shall camply with all standard Assurances which were ecuted as pa t of t e application process. ARTICLE XV — PU LICATIINS AND NEWS RELEASES A. Defini ion F r the purpose of this clause, "publication" includes: 1. an docum nt containing inf ormation f or public consumpt ion; o� 2. th act o , or any act which may result i:n, disclosing . i ormati n to the public. B. Th� re ults o this p�ogram are planned to be made available to the public throug dedication, assignment by the Government, or such ot r means s the ecretary shall determine. C. Gover ent Ow ershi of Official Products of Work A11 in erim a I final reports and information, data analyses, specia metho ology, findings, and their related documents and work produc s, inc uding reports, warksheets, survey instruments, camput r � �" tapes; and a other physical materfals and products- produced -- _ _ _. - direct y unde the Statement of Work of thie instrument are conside ed Offici 1 Prod cts of Work, owned by the Government and held for the benefi of th I public. D . Pu.blic tion o Official Products of Work Offici Prod cts of Work, quotations therefram, paraphrasing, or disclo ures o interim findings may not be published wfthout the approv 1 of t e GTR for a period of sixty (60) days after acceptanc of the produc by the GTR. Thereafter, the Recipient shall be free to pub sh wi hout HUD approval. E. Acknow ed eme t and Disclaimer All Of icial roducts of Work, or any part thereof, and a ny Indepe ent Produc s and pecial Products arising out of this instrument, when publis d by ecipient or other participants in the work, shall con ain the fo lowinglacknowledgement and disclaimer. "Th work �hat provided the basis for this publication was su portediby funding under a Cooperative Agreement with the U. . De rtment of Housing and Urban Devlopment. The substan e an findi s of the work are dedicated to the public. The suth r a publilher are solely responsible for the accuracy of the st tements an inter retations contained in this publication. Such interp etations do not ne essarily reflect the views of the Govern�ent." . , • - �/�/� .- . � F. No ice of News Release and Public Announcements Tw copie ' of all press releases, formal announcements, and ot r pl nned, itten issuances containing news or information conc� ning th s inst ment that may be made by the recipient or its staff, or an subco trator or other person or organization praticipating n th work f this instrument shall be provided to the GTR at the ea list p ssib le time. News releases and other public announce ents ma not d sclose any interim finding or quote or paraphrase any part of any Of icial Product of Work without camplying with Paragrap E, ab ve. ,� . � � ° � � ��i��� • APPENDIX A � STATEMENT OF WORK _ A. GENERAL REQ IREME The Recipie t agr es to process those housing discrimination complaints arising wit in it ' jurisdiction and/or augment its fair housing enforce ent efforts, by engag ng in outreach, education, training and technical assistance ursua t to the Memoranrlum of Understanding. The Recipient agrees to c opera e with HUD in the handling of housing discrimination complaints der 3tle VIII of the Civil Rights of 1968, as ame�led, an the fafr h sing w enforced by the Recipient in acordance with the Memorandum f Und rstanding entered into between HUD and the Recipient, and any am ndment or revisions thereto executed during the course of t is agreement the ignatories. g. TRAINING Subject to HUD sp nsorship of training sessions in sufficient geographi al proximity o pe t the Recipient to meet the following obligations, th Recipient rees o enroll a minimum of 4 employees in traini�g spo ored by the Dep rtment Enrollment in Regional training sponsored by HUD Re iona2 Offices fo your gency or agencies within your region will meet part o this obligation howev r, at least one person must attend HUD sponsored trai ing at a Natio 1 tra ning site. (See Article III A.2) C. CDNTRIBUTI NS The Recipi nt ag es to process housing discrimination complaints in a cordance with A. ab ve, A icle III. of this agreement and in accordance with t e Criteria f r Pa nt/Processing. �- /� / � =°°`�°;�•v, CITY F SAINT PAUL �. ��rr '�'� '=''= DEPARTMENT OF UMAN RIGHTS Eo �; _� i�ji°i �` MARILYN H. ONROE,DIRECTOR �'',� F- I� 515 City Hall, aint Paul,Minnesota 55102 �1f.� 1���� ��p�� (612)298-4288 GEORGE LATIMER C� �^Z MAYOR J _"��r�- . MEMORA DUM 1- A ,, �.:� _. " _ �`�'�'�. � .. T0: LeeAnn Turchi n, Deputy Mayor ; �� �-�� • R � Z�I-b FROM: Maril I Monroe �, � DATE: Septemler 3, 1986 \ ��""\ RE: Fiscal � Year '87 Fair Housing Assistance Program Type I Agree ent T � �`--,�-e-,�-�u� _ � Attach d are four (4) copies of our FHAP agreement with HUD r ` Fiscal � Year '87. �,� The Ma or's signature is required (item 19) on each copy. The co �tract amount, $16,200, is based on the number of appro ed HUD ca �es closed during 1985 (22) at a rate of $600 each, plu additi nal funds for training. I need to submit the signed copies to HUD by September 19th. ey Attach ents