HomeMy WebLinkAbout05052 - U.S DEPT OF HOUSING URBAN DEVELOPMENT VOLUNTARY COMPLIANCE AGR HUD ASSISTANCE PROGRAM Kathie Hart
From: Dale Cook
Sent: August 03, 2010 5:42 PM
To: Kathie Hart
Cc: Jay Thompson; Sue Mills
Subject: RE: A5052 - US HUD d�
Hey Kathie—Yes, the MOU met our obligation for Section 504 and this can be closed. Thanks. — Dale
Q�3-Y)
DALE E. COOK,JR.
Community Development Administrator
City of Palm Springs
3200 E.Tahquitz Canyon Way Telephone: (760)323-8198
R 0.Box 2743 Fax: (760)322-8325
Palm Springs,CA 92263-2743 TDD: (760)864-9527
www,paimspringsca.gov Dale.Cogk@palmspring ca gov
Please consider the environment before printing this email "
FYI . . . the City's 2009 & 2010 Budget Reduction Plan has resulted in non-safety employee furlough day on every
Friday.
City Hall has extended hours of 8am to 6pm on Monday through Thursday.
From: Kathie Hart
Sent: Tuesday, August 03, 2010 4:58 PM
To: Dale Cook; Sue Mills
Cc: Jay Thompson
Subject: A5052 - US HUD
A5052 v'c u tary Compilance w svvloo 504.of Rehall.A0 of 1973 as amended 03J1&2005 0
Company Name: US Dept of Housing&Urban Dev
Address: 611 -W Sixth Street,1 th Elm, Los Ange1es,CA 15-3801
Contact: insurance Depe nt
Group: CITY MANAGER
ER
Service: In File
xR : CITY MANAGER
Ins.Status: r ertift to and Policies are OK
Dale/Sue:
This agreement was for a 3 year period, and it expired in 2008. OK to close?
Please advise.
Thx!
e
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
' ' (760) 323-8206 1 c& (760) 322-8332
�9 Kathie.Hart@Palm5pringsCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
From: City Clerk [mailto:iR4570-cm@ci.palm-springs.ca.us]
Sent: August 03, 2010 4:19 PM
To: Kathie Hart
Subject: Attached Image
OR/03/10
U.S. Dept. of Housing
Voluntary Compliance Agr
AGREEMENT#5052
CM signed, 3-9-05
AGREEMENT FOR
VOLUNTARY COMPLIANCE
WITH
SECTION 504 OF THE REHABILITATION ACT OF 1973
AS AMENDED
BETWEEN THE
U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY
AND THE
CITY OF PALM SPRINGS
3200 EAST TAQUITZ CANYON WAY
PALM SPRINGS, CA. 92262
CASE NUMBERS:
09-03-R-0003-4 (Title VI)
09-02-R-0002-6 (Section 504)
09-02-R-0002-9 (Section 109)
I. INTRODUCTION
The United States Department of Housing and Urban
(hereinafter, the Department or HUD) pursuant to its law
enforcement responsibilities under Section 504 of the
Rehabilitation Act of 1973 (29 USC 794) conducted a
compliance review of the Federally assisted programs
administered by the City of Palm Springs (hereinafter the
Recipient).
Based upon the information collected during the review, the
Department made a preliminary finding that the Recipient's
written Grievance Procedures as outlined in the Recipient's
Personnel Rules did not contain language for the provision of
reasonable accommodation. The Department finds that this
represents a violation of Section 504 of the Rehabilitation Act
of 1973 and HUD's implementing regulation 24 CFR Part 8.53
(b).
The Recipient has recognized and acknowledges the above
finding and the parties have agreed that it is in their respective
interests to settle this matter voluntarily through the
development of a Voluntary Compliance Agreement
hereinafter the Agreement), so that energies may be directed to
the administration and improvement of the Recipient's
assistance programs in a manner that complies with applicable
law, rather than engage in prolonged disputes or litigation.
Notwithstanding any other terms, provisions or language
contained in this Agreement, the Exhibits or the cover letter,
nothing contained herein shall be construed to be a final finding
or determination by HUD that the Recipient or any of its agents
or employees have intentionally or unintentionally engaged in
practices having the effect of illegally discriminating on the
basis of disability.
The parties hereby agree that nothing contained in this
document, exhibits, or cover letter shall be construed as an
2
admission of liability, or an admission of having acted in
violation with respect to the Department's preliminary finding,
by the Recipient, or any of it agents or employees.
The parties also agree that nothing in this Agreement is
intended to confer on any non-signatory third party a right to
sue for an alleged breach of this Agreement, and the parties
hereto expressly intended to preclude the inference of any third
party beneficiary rights hereunder; provided, however, that
nothing in this Agreement is intended to diminish or alter any
legal remedy with respect to the Recipient that would otherwise
be available to persons by law.
The Department and the Recipient having agreed to settle and
resolve voluntarily the Department's preliminary finding
without the necessity of formal evidentiary hearings or other
judicial processes, hereby agree and consent to the terms of this
Agreement
II. GENERAL PROVISIONS
A. With respect to any accommodations, facilities, services,
financial aid, or other benefits, the Recipient, its officers,
trustees, directors, agents, employees, successors, and all
persons in active concert or participation with any of them,
agree to refrain from any acts that have the purpose or the
effect of subjecting qualified disabled persons to discrimination
solely on the basis of disability, including the provisions set
forth under the Introduction Section of this Agreement on
pages 2-3.
B. This agreement applies to all federally funded programs and
related facilities that the Recipient, its agents, successors, and
or beneficiaries own, control, operate or sponsor.
C. The Department may conduct an on-site review of the
Recipient's compliance with the provisions of its Agreement,
and the Recipient will grant the Department's employees
access to its premises, records, and personnel with reasonable
3
notice during normal business hours, during the pendancy of
this Agreement.
D. The effective date of this Agreement is the date of the last
signature on the signature page. This Agreement shall remain
in effect for a three year period following the date of execution,
unless the Department determines that the Agreement must be
revised or extended based on its review of the Recipient's
performance under the Agreement and notifies the Recipient to
this effect prior to the expiration date.
E. This Agreement does not increase or diminish the ability of any
person or class of persons to exercise their rights under Section
504, Title VI, the Fair Housing Act, or any other federal, state,
or local civil rights statute or authority. This Agreement does
not create any private right of action for any person or class of
persons not a party to this Agreement.
F. This Agreement does not affect the ability of the Department to
take action under appropriate statutory or regulatory
authorities.
G. This Agreement is a public document. A copy of this
Agreement and all reporting data the Recipient generates to
comply with this Agreement shall be made available to any
person in accordance with the law. The Recipient shall provide
a copy of this Agreement to any person upon request.
III. SPECIFIC PROVISIONS
A. Within 180 days of the effective date of this agreement, the
Recipient will provide to The Department, a Memorandum of
Understanding that for all practical purposes is an Addendum
to the Grievance Procedures (Rule 16 of the Recipient's
Personnel Rules). Said Memorandum of Understanding will be
approved by the City Council.
IV. WAIVERS, MODIFICATIONS AND AMENDMENTS TO
THE AGREEMENT
4
A. No provision hereof may be waived unless in writing signed by
all parties hereto. Waiver of any one provision herein shall not
be deemed to be a waiver of any other provision herein. This
Agreement may be modified or amended only by written
agreement executed by all of the parties hereto.
B. This Agreement contains the sole and entire agreement and
Understanding of the parties with respect to the entire subject
matter hereto, and any and all prior discussions, negotiations,
commitments or understandings related hereto, if any, are
hereby merged herein. No representations, oral or otherwise,
have been made by any party hereto. No other agreements not
specifically contained herein, oral or otherwise, shall be
deemed to exist or to bind any of the parties hereto.
V. FAILURE OR REFUSAL TO CARRY OUT THE TERMS OF
THE AGREEMENT
A. The Recipient agrees that:
1. It has entered into this Agreement in consideration of
and for the purpose of obtaining and continuing to
receive Federal financial assistance extended by the
Department;
2. Such Federal financial assistance is extended in reliance
on the representations made in this Agreement;
3. A failure or refusal to carry out the terms of this
Agreement shall constitute noncompliance with 24 CFR
8.57 (a) and (b).
5
This Agreement for Voluntary Compliance with Section 504 of the
Rehabilitation Act of 1973 is entered into by the U.S. Department of
Housing and Urban Development, Office of Fair Housing and Equal
Opportunity, and the City of Palm Springs.
By a✓1 Date ��iq3�
City Manager, City of Palm Spr' s
Attea Date a a
3�a �d5
City Yae c, City of Palm Spring
G
By Date
Regional Director
Office of Fair Housing and Equal Opportunity (FHEO)
Region 9
„ jy;,�e•L;\`q_ei[ryy;?ts'i`u �h"ti4u.Y�i ri 'U l;';:.^s •vSi�._ ,.
gPPROV S TO FORM:
By:
Title: " ""r
u.
City of Palm Springs
di it 11')" I 1
I �
i t David H. Ready City Manager
3200 Tahqusz Canyon Way •Palm Springs,California 92262
/f'P,1'�•� U TEL (760)323-8201 •PAX:(760)323-8207 •Too,(760)864-9527
March 9, 2005
Mr. David Acevedo Pitre', Branch Chief
Program Operations and Compliance
Civil Rights/FHEO Division
611 West Sixth Street, 10th Floor
Los Angeles, CA 90015-3801
SUBJECT: Voluntary Compliance Agreement (VCA)
Dear Dr. Pitre':
The City understands that the Department's intent in proposing this
agreement is to simply and solely ensure that the City's current administrative
practice is appropriately memorialized in its written rules and procedures. The
City currently reasonably accommodates any person who is part of the City's
grievance process, regardless of whether the person is a victim or grievant, a
witness, or the person complained of. Each such person has full and complete
ability to participate in the City's grievance process.
Under the proposed agreement, we understand that the City is only being
asked to expressly include this current practice in our written rules. It is our
understanding that our written renewal of our continued commitment to maintain
this practice will result in the Department finding that the City's grievance rules
are in full compliance with all applicable laws and regulations.
If you have any questions, please call Sue Mills, Director of Human
Resources, at 760-323-8217.
Sincerely,
David H. Rea
City Manager
Cc: Jesus Velo, Civil Rights Analyst
Sue Mills, Director of Human Resources
Douglas Holland, City Attorney
Post Office Box 2743 8 Palm Springs, California 92263-2743
0,OENrOp1,0 U.S.Department of Housing and Urban Development
li ; Los Angeles Area Office,Pacific/Hawaii Area
y* * " 611 West Sixth Street,101h floor
°c9Los Angeles,California 90015-3801
B NDEV le
February 8, 2005
Mr. David Ready
City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Mr. Ready:
SUBJECT: Voluntary Compliance Agreement (VCA)
City of Palm Springs
Case Numbers: 09-03-R-0003 (Title VI)
09-03-R-0006 (Section 504)
09-03-R-0009 (Section 109)
Enclosed for your review is the Voluntary Compliance Agreement between the City
of Palm Springs and the Department of Housing and Urban Development. If found
acceptable, sign and date it, forward the document to Mr. Charles E. Hauptman, Director
of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban
Development, 600 Harrison Street 3rd floor, San Francisco, CA, 94102-31300. Please
return said document within ten (10) days of the receipt of this letter.
If you have any questions, please call Mr. Jesus Velo, Civil Rights Analyst, at (213)
534-2592.
Very sincerely yours, y
David Acevedo Pitre'
Branch Chief
Program Operations and Compliance
Civil Rights/FHEO Division
Enclosure
cc: W. Vasquez
C. Choi