8022.1

Appendix 11

OMB APPROVAL NO. 2529-0005

FAIR HOUSING ASSISTANCE PROGRAM

REQUEST FOR APPLICATION (RFA) NO. RFA-FF2\_\_\_\_\_\_\_\_\_\_\_

DATE ISSUED\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dear Applicant:

Under this Request for Application (RFA) the U.S. Department Of

Housing and urban Development (HUD) is Soliciting applications for
funding

under the Fair Housing Assistance Program. The awards vill be made on a

noncompetitive basis to those eligible applicants which submit
acceptable

applications according to criteria set forth in this RPA. You are
invited

to submit an application to be received not later than \_:OO p.m. local

time, on (date), 19 at the place designated for receipt of offers,

in accordance with this Request for Application (RFA) and the following

attachments which are incorporated herein and made a part hereof:

Under the FHAP, Capacity Building is a fixed amount and such funds

are for first and second year applicants which submit applications.

Contributions funds are for applicants beyond the Capacity Building

stage. Contributions funds include support for Case Processing,

Training, and Incentive funding. An application is not required for

Case Processing and Training. An application is required for Incentive

funding. Cooperative Agreements will be awarded to those responsible

applicants who meet the eligibility criteria established at 24 CFR

Section 111.107, as well as Section 111.105 for Capacity Building

funding and Section 111.113 for Incentive funding. The level of funding

you should anticipate for Capacity Building or Incentive Funds is

indicated in Attachment A (Page 5). These agreements are anticipated to

be fixed price; however, HUD reserves the right to award the type of

agreement most appropriate after negotiations.

This application kit consists of this cover letter and the attachments

as follows:

ATTACHMENT A - APPLICATION INSTRUCTIONS

Attachment A provides detailed instructions for completing the

application. These instructions are pursuant to program requirements

in 24 CFR Part 111, Fair Housing Assistance Program, and administrative

requirements in 24 CFR Part 85, Adiministrative Requirements for Grants

and Cooperative Agreements to State, Local, and Federally Recognized

Indian Tribal Governments.

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Appendix 11

ATTACHMENT B - APPLICATION AND BUDGET

Attachment B provides OMB Standard Forms 424 and 424A which must be used

by all State and local applicants. A Program Narrative Statement must be

attached to the SF-424 describing the scope of work and
general.objectives

to which the application is addressed. It also must include a schedule

for completion and the estimated cost of each proposed activity.

ATTACHMENT C - ASSURANCES

Attachment C provides OMB Standard Assurances, SF 424B, which must be

signed, a Certification of Drug Free Workplace, and Restrictions on

Lobbying Certification which imust be completed.

ATTACHMENT D- CERTIFICATION

Attachment D provides certifications required by 24 CFR Section
111.111(e),

Certifications. These certifications must be signed.

ATTACHMENT E - SAMPLE COOPERATIVE AGREEMENT PROVISIONS

Attachment E provides a sample of the provisions which will be included
in

award document, including Appendix A - Statement of Work, Appendix B

Criteria for Processing and Appendix C - Administrative Requirements for

Grants and Cooperative Agreements to State and local and Federally

recognized Indian Tribal Governments.

ATTACHMENT F - LIST OF FAIR HOUSING INITIATIVE PROGRAM (FEIP) AWARDEES

Attachment F is a listing of all agencies and organizations selected for

funding under the Education and Outreach and Private Enforcement

Initiative Components of the FHIP. Such list must be consulted to ensure

that any activities to be funded under the PHIP in the same jurisdiction

or geographic area will not be duplicated by activities to be funded

under this NOFA.

The place designated for receipt of applications is:

(NAME OF REGIONAL FHEO DIRECTOR)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Regional Office

U.S. Department of Housing and Urban Development

\_\_\_\_\_\_\_\_\_\_\_\_\_\_street
address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_city, state. zip
code\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Mailed applications are received in a central mail room and then

delivered to the Office of Fair Housing and Equal opportunity.
Applicants

should consider this factor in planning for timely delivery at the place

designated for receipt of applications.

To assure that the application arrives at the proper place on time

and to prevent opening by unauthorized individuals, your offer must be

identified on the envelope or wrapper as follows:

Application submitted in response to RFA FF2\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Due Date:\_\_\_\_\_\_\_\_\_\_\_19 ,\_\_:OO P.M., local time

LATE APPLICATION WARNING: The conditions applicable to late

applications Attachment A, Application Instructions and Conditions, are

strictly enforced.

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Cooperative Agreements will be awarded to those responsible

Recipients who propose activities that are determined to be eligible and

have relevance to matters affecting fair housing which are cognizable

under Title VIII.

Applications submitted in response to this RFA must be consistent

with the criteria issued pursuant to the following sections of the Code

of Federal Regulations.

1\. 24 CFR Section 111.105, Funding.

2\. 24 CFR Section 111.107, Threshold agency eligibility criteria.

3\. 24 CFR Section 111.109, Program Administration.

4\. 24 CFR Section 111.113, Additional agency eligibility criteria

for incentive component.

5\. 24 CFR Section 111.115, Eligible activities under incentive

component.

If you have any questions concerning this Request for Application,

please contact the Regional Office of Fair Housing and Equal Opportunity

at:

( )\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (This is not a toll-free
number.)

Sincerely,

(Regional FHEO Director)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Cooperative Agreement Officer

Attachments

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Appendix 11

ATTACHMENT A

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Application Instructions and Conditions

1\. Limitation

This Request For Application (RFA) does not commit the Government to

award an assistance instrument or pay any costs incurred in the

preparation of an application to this request. The Government

reserves the right to accept or reject any or all applications

received as a result of this request, to discuss this effort with

all qualified sources, or to cancel in part or in its entirety, this

RFA, if it is in the best interest of the Government to do so.

The Cooperative Agreement Officer may require applicant(s) to

participate in negotiations and to submit such budgetary, technical,

or other revisions of their applications as may result from

negotiations.

2\. Format

Applications should not be submitted in an elaborate format and/or

expensive binders. Legibility, clarity and completeness are

important and essential.

3\. Application Submission

a\. It is very important that the application be properly

identified on the face of the envelope as set forth above in

order to insure that the date and time of receipt is stamped

on the face of the application envelope.

b\. Applications shall be submitted in an original and two copies.

c\. Telegraphic applications will not be considered. However,

applications may be modified by telegraphic notice, provided

such notice is received prior to the time set forth in

paragraph nine (9) of this application instructions and

conditions.

4\. Threshold Eligibility

To be eligible to apply for funds under the Program, all agencies

must meet the criteria prescribed at 24 CFR 111.107. Capacity

Building applicants must also meet the criteria at 111.105 and

applicants for incentive funds must meet additional criteria at

111.113. Specifically, an agency must:

a\. be certified as a substantially equivalent agency pursuant to

24 CFR Part 115.6 (or, as implemented by 24 CFR 115.4, as in

effect before October 8, 1984) or, the Department must have

entered into an

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Appendix 11

2

agreement regarding interim referrals of complaints to an

agency or other utilization of the services of such agencv as

described in 24 CFR 115.11, before the enactment of the Fair

Housing Amendments Act of 1989. (Agencies which enter into an

agreement with the Department as interim agencies for the

referral of complaints or other utilization of services

subsequent to the enactment of the Fair Housing Amendments Act

of 1988 (Pub.L. 100-43, approved September 13, 1988) are

eligible for capacity building funds only.);

b\. have executed a written Memorandum of Understanding with the

Department which, at a minimum, describes the working

relationship to be in force between the agency and the

Department. An agreement in accordance with 24 CFR 115.11

may constitute such a Memorandum of Understanding;

c\. be prepared to develop procedures acceptable to HUD for

cooperating with other substantially equivalent agencies

having concurrent jurisdiction;

d\. 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 result in a per se

determination of ineligibility. HUD will, however, take such

actions into consideration in assessing the ongoing viability

of an agency\'s fair housing program; and

e\. participate in training sponsored by HUD and designed in

consultation with HUD staff and agency representatives to

provide uniform skills and technical knowledge.

Additionally, all first and second year program applicants must

demonstrate that the agency has (or will receive) a sufficient

volume of complaint activity to justify the requested allocation

of funds for case processing activities.

5\. Additional Eligibility for Incentive Funds

Contributions agencies which apply for incentive funds must

demonstrate that they have, during the best 12 consecutive months

in the period April, 1987 through September, 1988):

a\. processed the stated minimum number of dual-filed complaints.

The number of complaints for localities is 15 and for States,

20\. To be considered a processed complaint, a complaint must

have been filed in accordance with 24 CFR 103 and accepted by

the Regional Office as meeting the requirements under the

Cooperative Agreement;

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3

b\. satisfactory performance in the timely submission of vouchers

(except that this provision will not be implemented in FY\'89);

C. completed administrative processing of complaints in a timely

manner (except that this provision will not be inplemented in

FY\'89);

d\. engaged in comprehensive and thorough investigative activities

relative to complaints dual-filed with HUD; and

e\. spent (as certified by the head of the agency) during the

agency\'s most recently concluded fiscal year a portion of

its funds that are not Federal funds in support of fair

housing activities. This portion must be no less than

20% percent of all funds expended by the applicant for

fair housing activities.

6\. Signature

The application shall be signed by an official authorized to bind

the recipient and shall contain a statement that the application is

effective for a 90 day (or more) period. The application shall also

provide the following information:

Name, title, address, and telephone number of individual(s) with

authority to negotiate and accept all assistance provided the

organization, and also who may be contacted during the period

the application is under evaluation.

7\. Responsive Applications

In order to be considered responsive, applications must be

accompanied by a proposed budget for the required assistance.

Submission of a complete application will be construed a

certification by the applicant that it meets the threshold

eligibility criteria in 111.107.

8\. Assistance Award

a\. The Government may award an assistance instrument, based on the

applications received, without discussion of such applications.

Accordingly, each application should be submitted on the most

favorable terms from a budgetary and technical standpoint which

the applicant can submit to the Government. However, the

Government reserves the right to request additional data, or

oral discussion or presentation, in support of the written

applications.

b\. Any award made as a result of this Request for Application will

contain the special and general provisions made a part of the

RFA.

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4

9\. Late Applications, Modification of Applications, Subsequent

Applications and Withdrawals of Applications

a\. Any application received at the office designated in the

solicitation after the exact date and time specified for receipt

will not be considered unless it is received before awards are

made, and:

\(1\) It was mailed on or before 12:00 midnight of the

application deadline date. In such cases, applicants

must use registered, certified, or U.S. Postal Service

Express Mail Next Day Service - Post Office to Addressee,

to substantiate the date of mailing. The only evidence

to establish the date of mailing is the label and/or

postmark on the wrapper or on the original receipt from

the U.S. Postal Service. (The term \"postmark\" means a

printed, stamped, or otherwise placed impression that

is readily identifiable without further action as having

been supplied and affixed by the U.S. Postal Service).

If neither shows a legible date, and the application is

received after the date specified, the application shall

be deemed to have been mailed late. Private metered

postmarks (such as those from Federal Express or other

courier companies) shall not be acceptable proof of the

date of mailing; or

\(2\) It is the only application received.

b\. Hand-delivered applications must be received in the designated

office by the application deadline date and time (documentation

is the notation on the application wrapper of the time and date

received by the designated office).

c\. Any modification of an application is subject to the same

conditions as in paragraphs (a) and (b) of this provision.

d\. Notwithstanding the above, a late modification of an otherwise

successful application which makes its terms more favorable to

HUD will be considered at any time it is received and may be

accepted.

e\. Applications may be withdrawn by written notice or telegram

(including mailgram) received at any time prior to award.

Applications niay be withdrawn in person by an applicant or

their authorized representative, provided the person\'s identity

is made known and the person signs a receipt for the application

prior to award.

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10\. Completion Instructions - Standard Form (SF) 424

a\. Applicants must complete the SF-424 (OMB Approval No.

0348-0043) in conformity with the relevant

instructions accompanying this form.

b\. Applicants must indicate in Block 11 of the SF-424 the title

of the financial assistance program for which they are

applying and whether they are applying for Capacity Building

or Incentive Funds. Block 11 should be completed as:

Fair Housing Assistance Program

Capacity Building ( ) or Incentive Funds( )

IMPORTANT NOTE: The categories for which your agency may apply and the

maximum amounts for each category are:

Eligible Maximum Amount

Capacity Building \_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_\_\_\_

Incentive Funding \_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_\_\_\_

c\. All agencies seeking support must comply with the program

requirements for a description of the applicant agency\'s

proposed activities and objectives and a schedule for

completion and estimated cost of each proposed activity,

established at 24 CFR Section 111.111(c)(1) and (2). That

written statement should be included in an attachment to the

SF 424 entitled PROGRAM NARRATIVE STATEMENT. The statement

should be sufficiently specific to enable the Cooperative

Agreement Officer to determine that the amount applied for

is a reasonable cost projection in order to carry out the

activities detailed in the statement.

The PROGRAM NARRATIVE STATEMENT should describe the principal

task or sub-projects to be undertaken together with a

discussion of their relationship to each other. It should

discuss how each task will be implemented and when

implementation is projected to begin and end. This timetable

should be a line item chart showing start/stop dates by tasks.

The Applicant must clearly state plans for reporting project

progress to HUD during those phases of performance which may

require substantial coordination with HUD personnel. If a

survey instrument is included in the proposal the questions

and usage are subject to OMB review and approval prior to use.

If the proposed project is dependent upon the survey, any

reward granted as a result of the evaluation process would

necessarily be cancelled should OMB approval not be secured.

Therefore, careful consideration should be given to any

proposal which includes a survey instrument, including

provision of approval time (at a minimum of six months) in

the timetable and contingency plans for project

implementation should OMB approval be unobtainable.

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Additionally, the PROGRAM NARRATIVE STATEMENT should include

requirements in Section 111.105 for capacity building agencies

or the requirements in Section 111.113 for applicants for

incentive funding as further explained in (d) and (e) below.

d\. All Capacity Building agencies (first and second year program

participants) must comply with program application requirements

applicable to Capacity Building agencies in Section 111.105.

Specifically, the Capacity Building application must:

1\. Demonstrate, in HUD\'s determination, that the agency has

(or will receive) a sufficient volume of complaint activity

to justify HUD\'s provision of funds for complaint processing

activities;

2\. State the objectives and activities to be carried out by

the applicant which must include:

\(a\) Participation in HUD-sponsored training. Applicants

are required to participate in HUD-sponsored training

at National and Regional levels. As the sites for

training are not established in advance, applicants

should budget the cost of participation at the rate

of \$800 for each person to be attending. The

justification for this training allotment should be

that the agency will use these training funds to

support the participation of staff in HUD-sponsored

training at National and Regional levels. (Note: If

the cost of participating in the training is less

than the amount projected in the budget, the agency

must use any remaining funds for other fair housing

activities. Failure to budget for training money

will not delete your obligation to participate in

the training.

\(b\) Creation, modification, or improvement of the

agency\'s complaint monitoring and reporting system

(CMRS) to result in a system compatible to HUD\'S.

HUD anticipates the establishment of a computer

network between the Department and FHAP agencies

using a DOS operating system. The applicant should

purchase at least an IBM-compatible computer with at

least 640K (preferably a hard disk or hard board in

the modem), PC-DOS or MS-DOS, a Hayes compatible

modem with at least a 1200 baud rate, and D-Base III+

or other data base software capable of networking.

Applicants which already own such equipment should

specify what hardware they currently have and that

it is available for use by the fair housing staff

if they have current requisite capability. Funds

can also be used for computer training, development

of computer applications, purchase of other hardware

and software or any other need related to automated

data processing.

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\(c\) Case processing - Any funds proposed for investigation

of complaints should be based on a level of support of

\$650/case. Additionally, applicants can propose

activities designed to improve investigations of

housing discrimination such as development of new

compliance techniques.

\(d\) Other fair housing activities - The primary purpose of

Capacity Building funds is to develop and enhance an

agency\'s capability to enforce its fair housing law.

Agencies should propose other fair housing activities

in accordance with the needs of their jurisdiction,

such as activities that produce increased awareness

of fair housing rights and remedies. The proposal

should be expected to result in an on-going capacity

to enforce the agency\'s fair housing law.

3\. All activities proposed for funding must address, or have

ultimate relevance to matters affecting fair housing

which are cognizable under the Federal Fair Housing Act.

e\. All contributions agencies (third year and beyond program

participants) seeking incentive funding must meet the

eligibility criteria in 111.113. The agency must include the

most recently concluded fiscal year\'s budget data showing

non-Federal funds allocated to the applicant\'s fair housing

program and certification that at least 20% of funds expended

by the applicant for fair housing activities were from

non-Federal sources. That expenditures information should be

included in the Program Narrative Statement.

The Program Narrative Statement should cover the scope of work

and general objectives to which the application is addressed.

It should clearly and thoroughly explain why the issues

addressed by the application are significant fair housing

issues within the jurisdiction. It should describe how the

proposed project results, upon completion, can be expected to

impact on the targeted subject areas identified below and how

the results can be of continuing use in dealing with housing

discrimination.

\(f\) The primary purpose of capacity building and incentive funds is

to support activities that produce increased awareness of fair

housing rights and remedies. All activities proposed for

funding must address or have ultimate relevance to matters

affecting fair housing which are cognizable under Title VIII.

These activities include, but are not limited to the following:

1\. Activities designed to develop and implement outreach

efforts to heighten public awareness of all forms of

housing discrimination prohibited under Title VIII of

the Civil Rights Act of 1968, and of fair housing

rights and responsibilities.

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2\. Activities designed to create, modify, or improve local,

regional, or national information systems concerned with

fair housing matters.

3\. Activities designed to improved an agency\'s capability to

ensure fair housing through new or re-directed approaches

to the agency\'s internal structure or compliance

techniques.

4\. Activities to develop and conduct a testing and auditing

program for specific protected classes or special market

areas for fair housing enforcement or litigation.

5\. Activities designed to identify new or subtle practices of

housing discrimination and to implement programs to

eliminate such practices.

6\. Activities designed to address violence and intimidation

in the sale or rental of housing against persons because

of their race, color, religion, sex, or national origin.

These activities may include education, technical

assistance, or the development of programs for prevention

and response.

7\. Activities designed to coordinate fair housing enforcement

efforts of government enforcement agencies with various

community resources which have an impact on the prevention

or elimination of discriminatory housing practices.

8\. Technical assistance to enable agencies to work with

private fair housing groups, educational institutions,

the real estate industry, similar constituents, and

other governmental entities to eliminate or prevent

housing discrimination.

9\. Activities to provide services to aggrieved individuals

by persons in specialized professions consistent with

rights and remedies under applicable Federal, State,

and local laws and ordinances prohibiting discrimination

in housing.

10\. Affirmative marketing activities to inform persons of

housing opportunities with respect to government

assisted housing and the private housing market.

11\. Activities designed to conduct investigations of systemic

discrimination for further processing by State and local

agencies, HUD, or the Department of Justice.

12\. Fair housing training for enforcement agency staff.

13\. Activities designed to create, modify, or improve an

agency\'s complaint information and monitoring capacity

to result in a system compatible with that of HUD\'s for

internal monitoring of fair housing complaint activity.

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14\. Activities designed to achieve substantial equivalency

certification (e.g., amending relevant laws).

g\. Applicants must sign and submit the standard Assurances

contained in Attachment C of this application kit as SF-424B.

Applicants must also complete the Certification of Drug Free

Workplace contained in this Attachment. Where an agency has

more than one work site, the agency may use the address of

its headquarters office for this certification.

h\. Applicants must also sign and submit the certification

contained in Attachment D of this application kit as required

pursuant to 24 CFR Section 111.111(e).

i\. Submission of an application for Incentive funds will be

construed as certification by the applicant that it also

meets all the additional criteria established in

24 CFR 111.113.

11\. Completion instructions - Standard Form SF-424A, Budget Information

a\. Applicants must complete the SP-424A (OMB Approval No.

0348-0044) in conformity with the relevant instructions

accompanying this form in a manner consistent with their

Program Narrative Statement.

b\. Capacity Building applicants should use Section A Line 1 and

Incentive funds applicants should use section A Line 2. Use

Column (e) for total Federal funds applied for and Column (f)

for any non-Federal funds you intend to provide. Column (g)

should be the total of these two columns.

c\. Section B is to provide a category breakout of the budget

categories. The figures given in Lines 6a-h should be for

usages consistent with your Program Narrative Statement.

Additionally, all applicants are requested to submit a

summary of the development of the individual cost elements

reflected in this breakout.

While the government recognizes that the costs are based on

estimates, the summary should include detailed information on

the individual elements of the costs proposed to establish

the basis for your estimates. Include information such as

quotes obtained from various vendors or historical data

relied upon. All direct labor or salaries must be supported

with time sheets or mandated city/State pay scales. All

indirect cost rates must be supported by audited data which

should be submitted for our review.

d\. Line 6i should show the total of lines 6a to 6h.

e\. Line 6j should include indirect costs only where the agency

has a provisional, predetermined, final or fixed rate of

indirect costs. That amount is NOT in addition to the

maximum for which your agency is eligible. Where your

agency has an indirect cost rate, the rate must be absorbed

in the maximum for which you are eligible to apply.

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f\. Line 6k should be the total project cost. Where the amount

on this line exceeds the amount for which your agency is

eligible to apply, you must complete Section C to show the

source of the remaining funds.

g\. An award under this RFA will not be made unless the applicant\'s

financial management system meets the prescribed standards

required by 24 CFR Section 85.20, Administrative Requirements

for Grants and Cooperative Agreements to State, Local and

Federally Recognized Indian Tribal Governments.

Awards can be expedited if all applicants submit with their

application, a certification from an Independent Public

Accountant (IPA) or the cognizant government auditor stating

that the financial management system employed by the Agency

meets the standards for fund control and accountability set

forth in 24 CFR Section 85.20 and OMB Circular A-128, Audits

of State and Local Governments.

The applicant shall provide a written assurance that timely

submission of vouchers for payment will be in accordance with

the applicable provisions of Article IV of the Cooperative

Agreement (See Attachment D) and that all personnel involved

in the development and submission of vouchers for payment are

thoroughly familiar with the terms of Article IV of the

Cooperative Agreement.

12\. Depositary Form

Voucher payments will be sent to the depositary designated by the

recipient to receive Treasury checks. Applicants which do not have a

current HUD-274 Designation of Depositary form on file with HUD\'s

Regional Accounting Division should submit a completed \"Depositary

Form\" or a statement saying: \"The applicant will submit the required

Depositary Form prior to the execution of a Cooperative Agreement.\"

13\. Freedom of Information Notification

Applications submitted in response to this solicitation are subject to

disclosure under the Freedom of Information Act (FOIA). To assist the

Department in determining whether to release information contained in

an application in the event FOIA requests are received, applicants

may, through clear earmarking or otherwise, indicate those portions

of their applications which they believe should not be disclosed.

While an applicant\'s advice will be considered by the Department in

its determination whether to release requested information, it must

be emphasized that the Department is required by FOIA to make an

independent evaluation as to the release of all information

requested, and that accordingly, information may be released

notwithstanding the applicant\'s views. It is suggested that if an

applicant believes that confidential treatment is appropriate, the

basis for this view should be provided, where possible, because

general assertions or blanket requests for confidentiality,

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8022.1

Appendix 11

11

without more, are not particularly helpful to the Department in making

determinations concerning the release of information under the Act.

It should also be noted that the Department is required to segregate

disclosable information from nondisclosable information. Therefore,

particular care should be taken in the identification of each portion

for which confidential treatment is requested. Applicants\' views

concerning confidentiality will be used solely to aid the Department

in preparing its response to FOIA requests. Further, offerors should

note that the presence or absence of such comments and/or earmarking

regarding confidentiality will have no bearing whatsoever on the

evaluations of applications submitted pursuant to this solicitation,

nor will the absence of this earmarking automatically result in

greater disclosure.

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Appendix 11

ATTACHMENT B

APPLICATION AND BUDGET

TO REVIEW THE COMPLETE PACKAGE REFER TO APPENDIX 12a AND 12b

11-15 6/90

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Appendix 11

ATTACHMENT C

OMB STANDARD ASSURANCES - SF 424B

DRUG FREE CERTIFICATION

TO REVIEW THE COMPLETE CERTIFICATION REFER TO APPENDIX 12c

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Appendix 11

ATTACHMENT C

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS

AND COOPERATIVE AGREEMENTS

TO REVIEW THE COMPLETE CERTIFCATION REFER TO APPENDIX 12d

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Appendix 11

ATTACHMENT E

APPLICABLE COOPERATIVE AGREEMENT PROVISIONS

It is contemplated that the Cooperative Agreement awarded as a result of

this RFA will contain the specific provisions for Capacity guilding and

Contributions Agreements that are included in the following pages. These

articles are included for illustrative purposes only. Final agreement

articles may be altered subsequent to negotiations and appropriate
articles

will be substituted where appropriate. All agreements with State and
local

agencies will incorporate by reference, where applicable, the

Administrative Requirements for Grants and Cooperative Agreements to
State,

Local, and Federally Recognize Indian Tribal Governments. Those
provisions

which are anticipated to be applicable are identified in this
attachment.

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Appendix 11

CONTRIBUTIONS AGREEMENT

SCHEDULE OF ARTICLES

1\. SCOPE OF WORK (FIXED PRICE)

2\. PERIOD OF PERFORMANCE

3\. INSPECTION AND ACCEPTANCE

4\. CONDUCT OF WORK

5\. INSTRUMENT AMOUNT, PAYMENT AND SUBMISSION OF INVOICES

6\. USE OF GRANT FUNDS

7\. MAINTENANCE OF EFFORT

S. HUD\'S SUBSTANTIAL INVOLVEMENT

9\. USE OF CONSULTANTS

10\. PUBLICATIONS AND NEWS RELEASES

11\. REPRODUCTION OF REPORTS

12\. FLOW DOWN PROVISIONS

13\. DISPUTES

14\. LOBBYING PROHIBITION PROVISION

APPENDICES;

\- STATEMENT OF WORK (APPENDIX A)

\- CRITERIA FOR PROCESSING (APPENDIX B)

\- ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND

COOPERATIVE AGREEMENTS (APPENDIX C)

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Appendix 11

1\. SCOPE OF WORK (FIXED PRICE)

The Recipient shall furnish 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 for

the firm fixed price set forth herein (APPENDIX A).

2\. PERIOD OF PERFORMANCE

The Recipient shall provide all services hereunder for a period of

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 GTMS, if so delegated. Final acceptance is

the responsibility of the GTR.

4\. CONDUCT OF WORK

A. During the effective period of this instrument, the Government

Technical Representative and/or the Government Technical

Monitor 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

G/CAO of a replacement.

B. Only the G/CAO has the authority 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.

and any costs related thereto, shall be borne by the

Recipient.

5\. INSTRUMENT AMOUNT, PAYMENT AND SUBMISSION OF INVOICES

A. The maximum amount for performance of the Statement of Work

and all other requirements of this instrument is \$\_\_\_\_\_\_\_\_\_

to be distributed as follows:

1\. The Recipient shall be paid the firm fixed amount of

\_\_\_\_\_\_\_\_to support the agency\'s fair housing effort in

accordance with Appendix A, Statement of Work, Part A

(General Requirements) and Part B (Contributions).

Payments shall be made in accordance with paragraph B.

below.

2\. The Recipient shall be paid the firm fixed amount of

\_\_\_\_\_\_ for attendance at HUD-sponsored training at

National and Regional training sites. These monies may

also be used to support additional in-house training by

agencies for agency-specific problems and for training of

staff unable to attend National or Regional training.

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8022.1

Appendix 11

subject to approval of the GTM. Failure to send the

specified number of participants to training (See

Statement of Work), will result in a \$1,000 deduction for

each non-attendant below the minimum. Payments shall be

made in accordance with paragraph B, below.

3\. The Recipient shall be paid the firm fixed amount of

\$\_\_\_\_\_\_\_\_\_ to support Incentive Funds activities in

accordance with the Statement of Work, Part D (Incentive

Funds). Payments shall be made in accordance with

paragraph B, below.

B. DATE FOR RECIPIENT\'S CONTRIBUTIONS INCENTIVE

SUBMISSION OF SF 270 AMOUNT TRAINING FUNDS

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

90 days after the \$ \$ \$

effective date of

instrument

180 days after the \$ \$ \$

effective date of

instrument

270 days after the \$ \$ \$

effective date of

instrument

Final submission on or \$ \$ \$

before the completion

date of instrument.

C. The Recipient shall submit Standard Form 270 \"Request for

Advance Reimbursement\", to the Government Technical Monitor (GTM)

at the address specified in Block 9 of the cover page of this

Agreement on the dates stipulated above. All requests for payment

shall be submitted in an original and three (3) copies, as

indicated below. The final voucher shall be approved by the GTR

and Cooperative Agreement Officer prior to final payment.

Interim Public Address Shown on

Voucher Attention of Cover Sheet

\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_

Original & one copy GTM Block 9

One copy GTR Block 9

One copy CAO Block 8

All requests for payment of the final voucher shall be

submitted in an original and three (3) copies as indicated

below.

Final Public Address Shown on

Voucher Attention of Cover Sheet

\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Original & one copy GTR Block 9

One copy GTM Block 9

One copy CAO Block 8

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8022.1

Appendix 11

Each voucher shall clearly set forth the instrument number

shown in Block 3 of the HUD 1044 and the appropriation number

in Block 15 and shall show the address of the depositary to

which the check is to be mailed. Requests for reimbursement

shall be submitted on a Standard Form 270. showing the amount

presently and previously vouchered for. Copies of this form

are available upon request through contacting the

administrator shown in Block 8 of the cover page.

Payment of item A.2 shall be made at the next available

billing period after the training participation has occurred.

Payment is subject to being withheld if it is the Judgement of

the GTM that the Recipient is not complying with all terms of

the Cooperative Agreement. The Recipient shall identify the

Cooperative Agreement Number in Block 4 of the SF 270 on all

invoices. The final invoice shall be submitted on or before

the completion date of the instrument.

D. Each Standard Form 270 shall be accompanied by a Narrative

Report. This report shall not be more than one typed page for

each activity pursuant to which payment is requested, and

shall describe the activities undertaken by the Recipient

during the billing period. The reports for contributions

toward case processing should be accompanied by a listing of

all processed complaints, including the name of complainant.

name of respondent, date closed or date conciliation failed

subsequent to a finding of discrimination, and docket number.

The Contributions Reports should also include a description of

activities undertaken in support of its case processing and

the Statement of Work Part A (General Requirements) and Part 8

(Contributions). The Reports for Training should be

accompanied by a listing of agency participants with names and

dates attending. The Reports for Incentive Funds should

include a description of activities undertaken in support of

its funding application and the Statement of Work, Part D

(Incentive Funds).

E. The Criteria for Processing is hereby incorporated as an

attachment to the Schedule of Articles (APPENDIX B

ATTACHMENT E).

F. The Government shall remit all payments to the following

address shown on the depositary form:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

6\. USE OF GRANT FUNDS

The agency is entitled to receive the fixed amount stated in the

Cooperative Agreement for satisfactory completion of the work to be

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8022.1

Appendix 11

performed regardless of cost 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. 3600-20).

7\. MAINTENANCE OF EFFORT

The agency must not unilaterally reduce the level of financial

resources currently committed to fair housing complaint procesing.

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 bousing

program.

8\. HUD\'s SUBSTANTIAL INVOLVEMENT

A. HUD intends to have substantial involvement in the review and

approval of all aspects of the work to be carried out as a

result of an award under this agreement.

B. Anticipated substantial involvement may include, but not be

limited to the following:

1\. Review and guidance in progress and upon completion of

case investigations;

2\. Development and presentation of National and Regional fair

housing training;

3\. Participation in the development and presentation of

in-house training; and

4\. Participation in presentation of education and outreach

programs.

9\. USE OF CONSULTANTS

As required by BUD\'s Appropriations Act, salary payments to

consultants under this instrument shall not exceed the equivalent

of the maximum daily rate paid to GS-18 Federal Employees. The

current rate in \$285.00 per day.

10\. PUBLICATIONS AND NEWS RELEASES

A. Definition. For the purpose of this clause, \"publication\"

includes:

1\. Any document containing information for public

consumption; or,

2\. The act of, or any act which may result in, disclosing

information to the public.

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8022.1

Appendix 11

B. The resuits of this program are planned to be made available

to the public through dedication, assignment by the

Government, or such other means as the Secretary shall

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 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. Acknowledgement 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 acknowledgement 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. Additional Grantee Publicity Requirement

Section 8136 of the Department of Defense Appropriations Act,

1989 (Pub. L. 100-463, approved October 1, 1988, 102 Stat.

2270-46) contains a new requirement applying to \"all grantees

receiving Federal funds.\" Section 8136 provides:

\"When issuing statements, press releases, requests for

proposals, bid solicitations, and other documents describing

projects or programs funded in whole or in part with Federal

money, all grantees receiving Federal funds, including but not

limited to State and local governments, shall clearly state

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8022.1

Appendix 11

\(1\) the percentage Of the total cost of the program or project

which will be financed with Federal money, and (2) the dollar

amount of Federal funds for the project or program.

This provision shall have no force or effect beyond fiscal

year 1989, i.e. September 30, 1989.

G. 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 way not disclose

any interim finding or quote or paraphrase any part of any

official Product of Work without complying with Paragraph E,

above.

11\. 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.

12\. 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.

13\. DISPUTES

During performance of the instrument, disagreements may arise

between the Recipient and the G/CAO on various issues, such as the

allowability of costs. if a dispute concerning a question of fact

arises, the G/CAO shall prepare a final decision, taking into

account all facts and documentation presented. The decision shall

be mailed to the Recipient. The Recipient may appeal the decision

within thirty (30) days to the Assistant Secretary for Fair

Housing and Equal Opportunity.

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8022.1

Appendix 11

APPENDIX A

STATEMENT OF WORK

A. GENERAL REQUIREMENTS

The Recipient agrees to process those housing discrimination

complaints arising within its jurisdiction, except an

otherwise stated in this Statement of Work. The Recipient

agrees to cooperate with HUD in the handling of housing

discrimination complaints under the Fair Housing Act and

the fair housing law enforced by the jurisdiction in

accordance vith the Memorandum of Understanding entered into

between HUD and the Recipient, and any amendments or

revisions thereto executed during the course of this

agreement by the signatories.

B. CONTRIBUTIONS

The Recipient agrees to process housing discrimination

complaints in accordance with \"A\" above (General

Requirements), and in accordance with the Criteria for

Processing which are incorporated berein as an attachment to

the Schedule of Articles.

The Recipient also agrees to augment its fair housing

enforcement efforts by engaging in outreach, education,

training and technical assistance pursuant to the Memorandum

of Understanding.

C. TRAINING

The Recipient agrees to enroll a minimum of 4 employees in

HUD-sponsored training at National and Regional training

sites. Failure to send the specified number of participants

to training will result in a \$1,000 deduction for each

non-attendant below the minimum.

D. INCENTIVE FUNDING

The Recipient agrees to utilize the funds provided for this

activity in accordance with the criteria established in

24 CFR Section 111.105(b)(3) and the RFA. The Recipient

further agrees to implement the Incentive Fund activities set

forth in Its application for funding. A list of product

deliverables and timetables in a part of this Statement of

Work.

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8022.1

Appendix 11

INCENTIVE FUND PRODUCTS

PRODUCT DELIVERABLE 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.)

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Appendix 11

APPENDIX B

CRITERIA FOR PROCESSING

RESERVED

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8022.1

Appendix 11

APPENDIX C

UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS

AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

TO REVIEW EITHER THE SHORT OR LONG VERSION OF THIS

MATERIAL SEE APPENDIX 6

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