NH Community Planning Grant Program
GRANT AGREEMENT
Ø
This agreement ("Agreement"), executedthis
auy o¡fufu;o2O12, is by and
befween New Hampshire Housing Firance Authority. 32 Constitulïon Drive, Bedford, NH
031 10, (hereinafter "NIIHFA") and the Town of Dover, New Hampshire (hereinafter ,,the
Municipality").
WHEREAS, NllFlFA has been granted a United Slates Department of Housing and
Urban f)eveloprnent (HUD) Cooperative Agreement (lnstrument Number CCPNFI006I -11) with
associated funding for the purpose of creating and adminislering the NH community planning
Grant Program (hereinafter "the CPG Program");
WFIEREAS, pursuant to a competitive application process NHIIFA desires to provide a
granl to the Municipality for a project to develop new or revised land use regulations as proposed
in its CPG Program application (hereinafter "the Project"); and
WHEREAS, the Municipality is willing to undeftake and complete the Project pursuant
to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1.
PROJECT PERFORMANCE AND CONSULTANT SELECTION. TIIe
Municipality agrees to perform work to oomplete the Project pursuaff to the terms and
conditions of the scope of wo¡k (attached as Exhibit A). The Municipality's application to the
CPG Program is considered palt of this Agreement and any commitments included within the
application shall be binding on the Municipality. cPG Program grant application instructions,
forms, and the question & answsr series are also conditions to this agreement.
The Municipality represents, waffants, and agrees that it will subcontract with a qualified
consultant to perform the work of the Project and the Municipality acknowledges that no grant
funds are to be used to pay for the Municipality's staff costs or other general administrative
expenses. The Municipality may contract with its Regional Plalning Commission (,,RÌC,,) for
Project services without engaging in a competitive process, as the RPC is deemed by NHHFA to
be qualifìed to undertake tire Proj ect work. If the Munioipality wishes to use the services of a
consultant other thân its RPC, it must at a rninimum issue and adverlise a fomal Request for
Qualifications ('RFQ), with notice to be provided to NHHFA for publìc Internet-based
dissemination. The Municipality may choose to advertise its RFQ through other means, but this
is not required; the Municipality may choose to engage in a formal lìequest for pr.oposals
C'R.FP') process, but this is not required.
If the Municipality choses a consultalt other than its RPC, it must submit the consultant's
qualifications to NHHFA for its review and wlitten approval prior to entering into a subcontract
with the consultant. NHHFA reseÌves the right to assess the qualifications of such consultants
NH Community Planning Grant Program, Round 1
Grant Agreement
it deems to be unqualified to perforn the proposed work. Regardless of the
choice of consultant, whether RPC or otherwise and irrespectìve of NIIFIFA's review and
approval ofa consultant's qualifications, the Municipality shall at all times be responsible for
Proj ect pelforrnance under this Agreement. All Proj ecl work shall be performed in compliance
with all applicable local, state and federal laws, regulations and rules.
and to leject those
The Municipality's contractor may subcontract Project work only upon NHHFA's review
of subcontractor's qualifications and NHi-IFA's written approval. NI-IHFA reserves the right to
assess the qualifioations ofsuch subcontractors and to reject those it deems to be unqualified to
perform the proposed work. Any such approval for the use of a subcontractor will not release the
Municipality fi'om any of its obligations, duties or responsibilities under this Agreement and the
Municipality shall insure such subcontractor's adherence to and complialce with all terms and
condilions ol this Agreernenl.
The Municipality will hold a publìc listening session at the outset of the Project. 'Ihe
Municipality will hold public hearings prior to adoption olregulatory measures as required by
state statutes. Throughout the Pro.iect, the Municipality will conduct an ongoing outreach and
education process to maximize input of community rrembers, including traditionally
underrepresented populations, and to ensure that the Municipality's citizens are fully informed
the Project and its resulting regulatory proposals.
of
2.
PROGRESS REPOi{TS. The Municipality shall report on monthly progress
toward implernenting its proposed scope of work, completed tasks, ald metrics of success
including documentation on public meetings, workshops and hearings, public participation
levels, and additional outreach efforts. The Municipality shall submit a progress repo'1 to
NHHFA that includes a draft of any proposed regulations for the purpose of allowing NHHFA to
cornment on the draft prior to notice ofpublic hearings held by the Municipality's planning
board or other cognizant body.
3.
POST-COMPLETION PROJECT REPORTS. If rhe Municipaliry's proposed
regulatio¡ls are adopted, the Municipality shall report on perrnitting and development activity
under the regulations for a period of fìve (5) years afler Project term completion in a form
prescribed by NHHFA.
4.
GRANT AMOUNT AND REIMBURSEMENT OF MTINICIPALI"I'Y'S COSTS.
The amount of the grant to be made by NHHFA to the Municipality is $50,000.00. Grant funds
will be paid as reimbursement by NHHFA to the Municipality for its costs within 30 days of
presentation of an invoice 1o NHHFA by the Municipality. NI-IFIFA reserves the right to request
further information in support of the Municipality's invoice; such requests will toll the
reimbulsement period until requested information is provided by the Municipality.
In addition to consulting services, the Municipality may expend grant funds for the
purpose of acquiring materials and services necessary to perform tasks identified in the Scope of
Work, including but not limited to costs of public notices for meetings and food and beverages
for public meetings.
Page 2
NH Commun¡ty Planning Grent Program, Round 1
Grant Agreement
F'ood and beverage costs will qualify for grant fund reimbursement under the following
cìrcumstances and may be incuüed directly by the municipality:
A. The food and beverages pul'chased with granf funds will be provided at a meeting
where the primary purposs is to disseminate information about the municipality's
proj ect, or to gather information fi.om the public regarding the prolect.
B. The meeting will be open to the general public and the general public will be
provided with meaningful advance notice ofthe meeting.
C. Prior to the meeting, the purchase of the food and beverages is approved by
NHHFA. A grantee can secure approval for a recurring series of meetings in a
single request. A meeting agenda must be provided showing that items A and B
above will be met.
D. The cumulative amount of funds used to purchase food and beverages will not
exceed 2.5 percent of the grantee,s total project budget.
E. Grant funds cannot be used for the purchase of alcoholic beverages.
5.
MATCH. The Municipality must demonstrate an additional match commitment
granf funds, A minimum of one-quarter of that match must be in the form of cash
expenditures for consultant services, supplies, or other costs directly associated with the
of
25%o
of
proposed project, but excluding the Municipality's payment of salary or wages to staff members.
The remainder of committed match (up to thee-quarters) may be in the form of in-kind services,
such as staff expenses or volunteer time, including parlicipation by local board members.
For the purposes ofthis Agteement, "match" is defined as financial contribution toward
the total project costs made by the Municipality and may consist of direct appropriations and inkind services contributed by the Municipality specifically for the approved scopè ofwork,
financial gifts, private fìnancial contributions, or granf fuuds from ãiher sources, except that
Federal funding may not be used as match under any circurnstances.
ln-kind services may be paid staff time or volunteer time that is directly related to
implementation ofthe Project. volunteer hours are valued at82r.79 per hour (Independeff
sector', www.indenencfentscotor.orq), unless a person is volunteering services in his or her
professional capacity. In this case, the volunteer rate is the pelson's professional billable rate for
the service.
State, local, and private funds used as match cannot be counted twice. Ifthe project
receives funds from several sources that each require 1na1ch, the same contributions (cash or inkind services) that have been counted as a match for another source cannot be used as a match
for this Project.
Proof of match must be documented and submitted with invoices. The documentation
should demonstrate how the amount claimed as match was calculated. It should specify sources
of match and should relate sources to completion of wo¡k tasks specified in the attached Scope of
work. Match should be expended (if cash) or documented (if in-kind) on a regular basis. prior
to lequesting reimbursement for the last 250/o of tbe grant award, the Municipality must
demonstrate that at least 7 5Yo of its comrnitted match has been expended and/or documented. At
Page 3
NH Community Planning Grant Program, Round 1
Grant Agreement
that time, the Municipality must also demonstrate a cleal plan for providing the rernaining 25%
of its committed match.
6.
PROJECT TERM. The Municipality shall ensure that the Proj ect \¡/ork is
perfomred in a manner that is consistent with the tirne peliods set forlh in the attached Scope of
'Work.
The Municipality may requesl additional time to perform the Project work, but in no
cil cutnstance will the requested additional Project completion time extend beyond.lune 30, 2014.
The Municipality acknowledges that it is responsible to complete all Project work and
that it shall deliver to NHHFA (a) all required work under the Scope of Work; (b) all requir.ed
documentation under the Scope of Work; and (c) all other requìrements, duties, obligations and
responsibilities ol the Municipality under the Soope of Work. The Municipality acknowledges
and agrees that NHHFA shall have the sole authority and discretion to determine if the
Municipality has met the requirements set forth in this Agreement.
7. COMPLIANCE WITH APPI-ICABLE LOCAI-, STATE AND FEDERAL
LAWS, REGULATIONS, AND RULES. The Municipality acknowledges and agrees thar rhe
CPG Program is govemed by certain local, state and federal laws, regulations, and rules which
shall include, but are not limited to, the provisions of the form HUD-1044 (attached as Exhibit
B) and the Cooperative Agreement Terms and Conditions (atlached as Exhibit C) and all
applicable obligations and requirements under FIUD and the Office of Management and Budget.
The Municipality wan'ants and agrees that it has reviewed and familiarized itself with the terms,
conditions, requirements and plovisions ofthe form HUD-I044 and the Cooperative Agreement
Terms and Conditions and all referenced laws, regulations and rules in such documents and the
Municipality covenants and agrees that it shall fully cornply with all applicable provisions of
these documents as well as all other applicable local, state and federal laws, regulations and rules
that may be applicable to the services provided hereunder.
8.
LIABILITY AND HOLD HARMLESS. NHHFA shall not be liable for the
action or inaction of the Municipality in the perfbmrance of its duties under tliis Agreement.
Further, the Municipality shall indemnifu and hold NHHFA and its employees, members,
offìcers, counsel, and other representatives hamless frorn all claims, causes ofaction, liability,
loss, damage, or expense arising or resulting from the Municipality's actions, including, but not
limited to negligence and willful or intentional conduct in performing the work contemplated
under this Agreement or arising in any way under this Agreement.
().
NF1[{FA'S Ricl{T TO TERMINATE AGREEMENT. In the event of a violation
of any term or condition of this Agreement by the Municipality, NHHFA shall have the right to
lerminate this Agreement by giving the Municipality ren (10) days written notice of such
termination. NHHFA will reimburse the Municipality for its Project expenses incurred prior to
the effective terminatíon date indicated in its written notice.
10.
MUNICIPALITY'S ADMINISTRATIVE AND FINANCIAL REPORTS AND
INFORMATION. The Municipality represents, wanants and agrees that it shall maintain full
and accurate accounts and records, including personnel, property and financial records, adequate
to identify and account for all costs and expenses pertaining to the wo¡k perfonned by the
Page 4
NH Community Plann¡nB Grent Program, Round 1
Grant Agreement
Municipality pursuant to this Agreement and such other records a¡d information as may be
deemed necessary by NFIHFA andior HUD to assure proper accounting and use for all CPG
Program funds whether federal, non-fede¡al and/or matching funds. The Municipality shall
provide written copies ofall invoices, vouchers, statements and financial records pertaining to
this CPG Program to NHHFA at the Municipality's sole expense upon witten notice from
NHHFA. All such information and records shall be retained for five (5) years after expiration of
this Agreement unless permission to destroy them is granted in writing by NHHFA.
11.
NO INTELLECTUAL PROPERTY zucHTS. 'fhe Municipality represents,
warrants and agrees thal any and all reports, plans, drawings or other documents produced or
generated in whole or in par1 under this Agreement shalt not be the subject ofan application for
copyright or other intellectual property right in or protecfion by, through or on behalf of the
Municipality, i.e. the Municipality shall have no intellectual prope¡ty rights whatsoever in or
claims upon or to such reports, plans, drawings or other documents produced or generated in
whole or in part unde¡ this Agreement.
12.
NO AGENCY. The Municipality acknowledges and agrees that it has no
authority to act on behalf of NHHFA as its agent, representative or in any other capacity
whatsoever and that it will not hold itselfout as an agent or representative ofNHIlFA. Further,
the Municipality acknowledges and agrees that the Municipality does not and shall not claim or
assefi to have the right to act for, bind or take any action whatsoever in any capacity whatsoever
on behalf of NHHFA.
13.
AUTHORITY. NHHFA
is a public benefit corporation duly organized under the
laws of the State of New Hampshire, and has full power and authority to enter into this
Agreement. The Municipality is a political subdivision of the State of New l-lampshire and has
full power and authority to enter into this Agreement.
14.
$/AIVER. The waiver ofa breach öfany provision ofthis Agreement by either
party o¡ the fail ure of either party otherwise to insist upon strict performance ofany provision
hereof shall not constitute a waiver ofany subsequent brèach or ofany subsequent failue to
perform.
L5.
NOTICE. Any notice required under this Agreement shall be given as follows:
Notice to NHHFA:
Benjamin D. Frost, Esq., AICP
CPG Program Administrator
New Hampshire Housing
32 Constitution D¡ive
Bedford, NI{ 03110
Page 5
NH Commun¡ty Planning Grant Program, Round 1
Grant Agreement
Notice to the Municipality:
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oJ Aover
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bver, Nrl ¿zsao
16.
APPLICABLE LAW AND VENUE. This Agreement shall be govemed by and
construed in accordance with the laws of the State of New Hampshire. Any legal proceeding
relating to this Agreement shall be brought in the proper state or federal court in the State ofNew
Hampshire.
.
17
SEVERABILITY. If any provision of this Agleement is for any reason held
illegal, void or invalid, such illegality or invalidity shall not affect the remaining provisions
hereof, and this Agreement shall be construed and enforced as if such illegal, void or invalid
provisions(s) were not a part hereof.
18.
ENTIRE AGREEMENT. This writing along with the exhibits and attachments
constitutes the entire agreement of the parties and all other wrilings, statements, agreements, or
representations whether oral or written are superseded and replaced hereby. No alteration,
change or modification of this agreement shall be made except in writing signed by all parties.
19.
BINDING EFFECT. This Agreement shall be binding upon the parties hereto
and upon their successors, heirs, personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
By:
Jr.
Page 6
NH Community Planning Grant Round
Scope of Work
City of Dover
I
Project Summary:
Dover intends to review opporlunities for expansion ofDover's Form Based Code along major
corridors feeding into Dover's historic downtown area.
Project Dcliverables:
'Ihe project will develop concepts, based upon public inpul for how the corridors may and should
develop. From those concepts, the consultant will develop regulations that will be presented to
the Planning Board and City Council for addition to the City's Zoning Code. Delivelables will
include notices sent to property owners and residents ofthe neighborhoods, as well as
engagement with historically undenepresented populations.
Proiect Tasks:
rBuilsèfl
1,
7,
,:3
4
:rr..6rr
7:
8i
ìt:l)ì
10r
,11
L2,,1
:l:.r:'I3:ì]
T4
and
t0/12 - 6il4
End ofOct 20 2
End ol'Oct 20 2
End of Deo 20 2
End of Dec 201 2
to
End of Deo 2012
to
End of Dec 201 3
End of Jan 2014
End ofFeb 2014
End of March 201 4
End ofApril 2014
Proiect Manasement
Define Goals and Outcomes
Sulvey Alea of Interesl
Inventory and Analysis
Stakeholder
Charrette
Interviews
Marginalized
Outreach
Populalion
Draft Regulations
Review Drafl
Second Dralì
Planning Board Review
Marginalized
Outreaoh
Population
Outreach to Public
Planning Board Vote
Presentation to City Council
End
ofApril
2014
of Anril 2014
End of Jun 2014
F,nd
$6.000
$700
f;3.000
$20.s00
$8,600
s
1
,600
$24.000
$2,000
$5,400
fi2.000
$l,600
$600
n/a
$ 1.000
Staff
Consultanl
Consultanl
Consultant
Consultant
StafT
Consultant
Sraff
Consultant
Consultant
Staff
Stalï
Stalf
Consultanl
Assistance Award/
Anrendment
EvúsÍ 8
U.S. Department of Housing
and Urban Dêvelopment
Office of Adminislration
lnstrument
Amendment
Ad m in iste rin g
New Hampshire Housing F¡nance Author¡ty
32 Const¡tut¡on Drive
Bedford, NH: New Hampsh¡re 03110-ô000
HUD, Office of Sustainable Housing and CommunÌties
451 Seventh Street, SW
Room 10180
Washington, DC 20410
Phoneì 603-472-E623
FâX:
Project Mênager
L
Benjamin Frost
HUÐ covemment
Naomi E. Fr¡edman, 202-402-901
1,
Naomi.
Xj
Cost Reimbursemenl
!
Cosl Sharìng
L
l
ü
!
E
l-rxed Pnce
Treasury Check Reimbursement
CFO Account¡ng Center
Advsnce Check
Adm¡nistrâtive Accounling Divis¡on, 6AFF
PO. Box 901013
Fort Worth. TX 76101
Automated Clearing House
'14. Assistance Amount
Previous HUD Amount
Amounl this
r¡ployer ldentifìcation
Number: 02-6046088
15. HUD Account¡ng
15a. Appropr¡et¡on
and Appropriation Datá
Number
| 1sb.
Reservatjon Number
prcgram: CCp
This lnstrum-ent (the HUDJ044, HUD-10/t4 continuation sheet) 6ets forth a legally bihding agresment
between the parties as to all
amountÊ, dellverables, tasks, perlod of performance, termE and conditions, hËre within, ñ¡,itttui irpi¡"¡tiv
or referenced. The
Rec¡plent cef¡fies that all admlnlstratlve and f¡nanc¡al provis¡ons ofthis ¡nstrument are ln a"J"¡ii
"tated
ø oe tn comiiia-nce toïitre
durat¡on of the per¡od of performance, All covenants, referenced or etated, are agreed to by ftt" ru"ipi"nTupon
":rnìinir"
this instrument,
Th¡s cooperative Agreement instrumenl consists ofthe fol¡owing, some ofwh¡ch are incorporaled by reference:
1. Cooperative Agrcemenl provis¡ons (Fy2O1 1 Tems antCond¡tions)
2.
3,
4,
5.
6.
"tgning
HUD 424-CBW, Totaf Budget SummÊry
crant Deliverables (See HUÞ 1044 Conl¡nuation Sheel)
Work Plan/Logìc¡/odel ff¿sks wjthj¡ work plan are considered del¡verabtes)
OMB C¡rcular A-87, 4"133 and A-102,24 CFR part 85,24 CFR part 04
Notlce of Funding Availability
Per¡od of Performance ls from January 15, 2012 to Jaîuàry lS, 2016
136 months)
Recip¡ent ls required to s¡gn and return three (3)
document to the HUD Administer¡ng Office.
(Single Signer)
Name);
Thaddeus D, W¡ncek
01t15t2012
îfl,"J,¿,*
Ð
Zú^*l
Z >//e¿¿fêE
are obsolele
ref, Handbook 2210.17
D)
E)
Commitment lq participate in performance mea6urement and evalustion conducted by third party,
Activilies pertaining to the Fair Hous¡ng Equity Assessmenl as Referenced in the NOFA.
INDIRECT COST RATE
35,00%
Note: Granlee has E9rced lo process an indlrecl cosl proposs¡ following HUD'S prgcedu|es and process shouìd begin no
later than g0 dEy6 ofthe execution of lhis grsnl sgreement ¡f a provislonal ind¡reh rate ls provlded_
5.
KEY PERSONNEL
Name
rm Rav
rnrel Smith
tsen¡amin F¡osl
Gsorde Rèãôân
r.loêt McMâhôn
C¡ndy Morse
6.
T¡tle
Manaq¡na Director
Director, HousinÕ Research
Direcior. Public Affairs
ntstrator
Yo
of f¡me on lhe orânl
5%
250/.
150/ô
50/
Admlnlstrãtive Assistãnt
50/"
PERIOD OF PERFORMANCE
36 months
7,
AUDIT INFORN4ATION
lhe New Hampshlre Housing F¡nance Authority
subm¡tted an audlt report conducted by
Baker/NewmÊn/Noyes for the year ending 0613012011. The audlt report atlests to New Hampshire Housing
Finance Authority'9 practice of generally accepted account¡ng pr¡ncþles and compliance wjtir taws and "
regulations relating to government aud¡ting standards. The intemal control structure has been reviewed In
accordênce with Ol\¡B Circuìar A-133 and found to be ¡n compliance with requirements thai are applicable to
certaln of its major federal programs,
8,
SPECIAL CONDIIIONS
N/A
6xúsr C
U.S. DepaÍDrent ofI lousing atrd Urban Developmcnt
Office ofSustainable Housing And Communities
COOPDRATIVE AGIIDI]MIìNT PROVISTONS
TABLE OF CONTENTS
A.
GENEIIAL
L
2,
3.
B,
Overview of Award Implemcntation
Purpose
Definitions
PROGRAM REQUIREMT]NTS
I
.
2.
3.
4.
5.
6.
7.
8,
9.
Allowable Costs
Admìnistrative Requiroments
,Advance Payment by Treasury Check or Electronic Funds Transfcr
Amendmcnts
Amount of Cost Share (Estimated Cost and Payment
-
Leveraging)
lludget
Ccnhal Conlractor Registration (CCR)
Certifications and Assurances
Changes
10, Closeout
11. Collection of Data
12. Complianoe with the Fcdcral Funding Accountability and Transparency Act
(Pub, L. 109-282) (Transparency Act)
13, Conduct of Work
14. Confidentiality
15. Contact Informâtion Updates
16.
17,
18.
19.
Copyrights
Default and Disputes
Dcliverable Products
Equipment
20, Estimatcd Cost and Payment - Line ofCredit Controì System (LOCCS)
2l , Environmental Review
22. fìair ]Iousing and Civil Rights Laws
23. lìlow Down Provisions
24. HIJD's Right to Audit and Disallow and I{eoover Funds
25. I{UD's Substantial Involvement
26. Incu¡rencc ofCosts
27, Indirect Costs
28, lnspection and Ascapcancc
29. Inspector Genc¡al Refer¡als
30. Limitation of Consultant Paylnents
3l . Limitation on Payments to Inllucnce Ceúain Þ'edçral 'l'ransaotions
32, Lobbying Activitios Prohibition
33. Ma¡agoment and Work Plan
of2006
lìUD OSI IC 'l'elurs and Conditions for FY
34.
35.
36.
37.
201
I NOFA
Monitoring
Order of Precedence
Patent Rights (Small Business Firrns and Nonprofit Organizations)
Period of Performance and Extensions and Incurring Costs or Obligating Federal
Funds Beyond thc Expiration Date
38. Personnel
39. Profit/Fee
40. Program lncorne
4l . Prohibited Use of Funds
42. Publications and News Releases
43. Reporting
44. Reproduction of Reports
45. Review of Deliverables
46. Scope of Services
47. Section 508 Compliance
48. Single Audit Transparency 'fransactions Listed in Schedule ofÐxpenditures of
Federal Awards and l{ecipient Responsibilities fbr lnfornring Sub-recipients.
49. Special Condif ions
50. Sub-recipicnt Moriitoring and Management
5 l. Whistleblowel Plotection
lìUD OSIiC Terms and Conditions for FY 2011 NOFA
A.
I
GENI,RAL
.
Overvierv of Award Imnlementation
1'his cooperative agreement/grant (also referred to as Agreentent) is between the Grantee
(Recipient) identilìed in Block 7 of the form I{UD-1044, and the U.S. Deparhnent of Housing
and Urban Development. 'Ihe award agreement consists ofthe fonn HUD-1044, any special
conditions, and these Cooperative Agreement Terms and Conditions.
ln signing this Agreement, the Granlee agrees to comply with all the requireurents and conditions
contained herein.
The provisions ofthe Notioe of Funding Availability (NOFA) are hereby incorporated into this
Agreenrenl.
The Grantee's |ights under this
approval of IJUD.
I
greement may not be assigÍìed without the priot' wlitten
The Grantee shall corrplete and submit a revised management and work plan, deliverables
outconìes and budget within 60 calendar days after the effective date ofthe grant. These
revisions shall update the gcneral/basic plan subnritted with the proposal and include any
changes to the proposed work plan, budget, perl'ormange measures and delivelables, negotiated
between IIUD and the grantee. These revisions should be developed according to the
instructions provided by the HUD Government Technical Representative identified on the form
HUD-1044. Should you not address these specific issues, your grant rnay be tertnitrated on the
basis of failure to conclude negotiations or to provide HUD with requested information, in
accordance with the General Section ofthe NOFA for which you applied.
2.
Purpose
The purpose of lhis Agreemenl is as stated in the "Pulpose ofthe Program" section ofthe NOFA.
3.
Definitions
a,
"Cooperative Agreement" ûìeans an agreerrent in which the Federal Governlnent provides
funding authorized by public slatute where the govelnment plays a substantial role in
assisting the funding recipient.
b.
"Equipment" means a tangible, non-expendable, personal property having a useful life of
more than one year and an acquisition cost of$5,000 or more per unit. A grantee may use its
own definition ofequipment provided that such defìnition would at least include all
equiprrent defined above.
c.
"DUNS" means Dun and Bradstreet Data Universal Nurnbering Systetn.
IIUD
d.
OSI IC 'Ierms and Conditions for FY 201
I NOFA
"Grant Officer (GO)" means the HUD individual who is responsible for processing and
executing grant award, change in key pelsonnel, change of scope, budget transfers, change of
peliod of performance, and other adr¡inistrativc changes that would require a modification to
the agreerrent. This term also l efers to designated HUD Officials authorized to execute
and/or administer this grarrt.
"Government Technical Representative (GTR)" meaus the HUD individual who is
responsible Íòr'the technical adnr inistratiorr ofthe granf, the evaluation of perf'ormance under'
the graut, the acceptance oftechnical leports or pro.jects, and other such specifìc
rcspons ibilities as rnay be stipulated in the grant.
"Govelnrnent Technical Monitor'(GTM)" lneans the individual responsible for assisting a
Government Technical Representative (GTR) in the latter's performance of his/her duties.
The GTM is also the responsible individual that will cornply with the Office of Sustainable
Housing and Communities devolution ofauthority under our Continuity ofOperations Plan
(COOP). Should the National Capital Region become non-operational due to emergency
conditions, the approval ofvouchers and the authority to pay vouchers will tlansfer to the
GTM until such time as the designation is lifted. The Government Technical Representative
(GTR) will continue to be the point ofcontact for day-to-day management issues and
respons ibilitics desclibed above. ln a state ofetnergency, HUD t'escrves the right to
designate a GTR for COOP purposes.
"Glantee" as used herein refers to the recipient of this cooperative agl'eement.
h,
"NOFA"
Notice of Funding Availability, which anuounced the availability of
tliis grant,
n'ìeans thc
fund iug for
"NOPl"means Notice of Public lntere st
"OSHC" means the HUD Office of Suslainable l{ousing and Communities, or its successor
Office, if any.
k.
"Publication" includes:
(l)
Any documcnt containing infìrflnation f'or public consurnption; or
(2) The act of, or any act which may result in, disclosing information to the public.
"Recipient" Any cntity other than an individual that received grant funds in the form
grant, cooperative agrcelnent or loan directly fìom the Federal government.
ofa
I'IUD OSIIC Ternrs and Conditions for F'Y 201 1 NOIìA
nr. "Subaward" means:
(l) A legal instrument
to provide support fol the performance ofany portion ofthe
substantive project or program for which the recipient received this award and that:
(a)
The recipient awards to an eligible sub-recipient; or
(b)
The sub-recipient at one tier awards to a sub-recipient at the next lower tier.
(2) The tem does not include the reoipient's procurement ofpropefiy and services needed
to cany out the project or program (see, generally, $_.210 ofthe attachment to OMB
Circular A-l 33 (2 CFR Part I 80), "Audits of States, Local Governments, and Non-Profit
Organizations").
(3) A subaward rnay be provided through any legal agreement, including an agrecment thal
the recipient or a sub-recipient considers a contract.
r.
"Sub-r'ecipient" means a non-Federal entity thal expends Federal awards received from a
pass-through entity to carry out a Federal plograln, but does not include an individual that is
a beneficiary to such a program. The sub-recipient may also be a lecipient ofothe¡ Federal
awards direotly f¡orn the lrederal awalding agency. Guidance on distinguishing between a
sub-recipient and a vendor is provided in $_.210 of OMB Circular A-133 (2 CFR Palt
180).
o.
"Total Instrument Amount" is the amount under line item l4 of the HUD Form-1044 (Total
lnstrument Amount). This is the sum ofthe federal award and grantee match.
p.
"Work Plan" refels to the Glantee's plan fol addressing a specific service delivery need, and
consists ofdesignated work activities including tasks and subtasks as required by the
program offìce; a timeline for completing the work; performance measules; outputs and
outcomes identified to achieve the perforrnance measures/goals; budget; and resourees
designated to complete the work.
B. PROGRAMRtrQUIREMENTS
l.
a.
Allowable Costs
This is a cost leimbursement award; the Grantee shall be reimbulsed for ceÍain oosts, as
described below, incurred in the performance of work in an amount not to exceed the
obligated amount shown in block l5 on the Assistance Award Form (fom HUD-1044). ln
the event the Grantee incurs costs in excess ofthe prescribed amount, the excess shall be
borne entilely by the Glanfee,
HUD OSì-IC Telms and Conditions lbr FY 2011 NOFA
b.
I-ltJD shall leirnburse the Glantee lìrr costs incured in the performancc of this award which
are deterrniried by the GTR and the Grant Officor to be allowablc, allocable, and reasonable
in accordarrce with applicable Federal cost principles as follows:
Cost Plinciples for State, Local, and
lndian Tribal Governments
OMB Circular A-87
Relocated to 2 cFR, Part225;
http://www.whitehouse. gov/o
rn b/circu lars/a0 87 1 a87 _200 4.ht
ml
Cost Principles for Non-profit
Organizations
OMB Circular A- 122
Relocated to 2 CFR, Part 230;
http://www.whitehouse. gov/o
nbl fedregl2005 1083 I 05_a I 22.
odf
Cost Principles for Educational
Institut¡ons
OMB Circular A-21
Audits of States, Local Governmeuts,
and Non-Profi t Organizations
OMB Circular
A-133
Relocated to 2 CFR, Part 220;
http://www.whitehouse. gov/o
nbl ledregl2Ù) 5 /083 I 05_a2 Lp
df
Cost Plinciples for Comrnercial/Forpro{its
Federal Acquisition
Relocated to 2 CFR Part 180;
lrttp://www.wh itehouse.gov/o
mb/fedreg/2005/083 I 05_a I 33.
ndf
http://www.access. gpo.gov/cgi
Regulations at 48 CFR
Part 31 .2
bin/cfrassemble.cgi?title=2009
48
c.
Direct Costs are the allocable poltion of allowable costs incurred ditectly for the purposes of
the grant. Detailed explanations ofdilect costs are provided in applicable OMB Circulars (A2 I (2 CFR Paú 220), Cost Principles for Educational lnstitutions, A-87 (2 CFR Part 225),
Cost Principles for State, Local, and lndian Tribal Governments, or Ã-122 (2 CFR Part 230),
Cost Principles for Nonprofit Organizations, as applicable) that can be accessed at the White
IJouse website, www.whitehouse.gov/onib/circulars_dcf'aLtlt
2.
Administrative Requiremcnts
The grantee must adhere to all respective uniform administrative rules for Federal grants and
cooperative agreements and subawards as follows:
Unifon¡ Administrative
Requ irements
for Grants and Agleements with
Institutions of Higher Education,
Hospitals, and Other Non-Profit
C)roan izafions
Adrr in istlative Rcqu¡rcrncllls lor Grants
24 CFR Part 84
http://porlal.hud.gov/hudportal/d
ocuments/huddoo? id=DOC*364
46.doc
24 CFR Paú 85
wlvrv.hud.Aov/olfi ccs/lead/l ibrar'
HUD OSHC'Ien¡s and Conditions for FY 2011 NOFA
y/lead/24_Cl-RI'Alì l'_85.pd
and Cooperalive Agreements to State,
Local, and Federally Recognized Indian
Tribal Governments
Grants and Cooperative Agreements with
State and Local Governments
Unilorm Administrative Requirements
for Glants and Other Agreements \ryith
Institutions of H igher Education,
l lospitals and Other Non-Profit
OMB Circular A-102
http://www,whitehouse.gov/omb/
c¡rcula rs_a1.02
OMB Circu lar
A-l l0 (Relocated to
2 CFR Pad 215)
http://www.wh itehou se.gov/om
b
/fedreg/2005/083 1 05_a I I 0.pdf'
Organizations
Audits ofStates, Local Governments, and
Non-Profit Organizations; and
3.
OMB Ciroular A-133
(Relocated to 2 CFR
Parl I 80).
hltp://www,rvh itehouse.gov/om
/f'edreg/2005/083105 a I 33.pdl'
Advance Pavment ßv Treasurv Check Or Electronic Funds Transfer
Advance payments by Tleasury check or electronic lunds translèr are hereby authorized
under this grant. A Grantee that is subject to existing State program accreditation requirements
may request an advance payment in writing, if applicable. HUD may provide to the Grantee a
one-time cash advance that shall no1 exceed l0 percent ofthe grant amount, and shall be limited
to the minimum amount needed for the actual, immediate cash requirerrents of the Grantee in
carrying out the start up activities ofthis agreement and as agreed to by the Grant Offìcer.
Neither these HUD funds nor non-HUD funds rnay be used for conducting interventions,
remediation, rehabilitation, renovation or other activities that would physically alter any structure
or property in any way. Refer to 24 CFR 58.3a(a) for a list ofexempt activilies.
4.
Amendments
This grant may be modified at any time by written arnendnent. Amendments, which
reflect the righls and obligations ofeither party, shall be executed by both HUD (the Grant
Officer) and the Grantee. Administrative amendrnents, such as changes in appropliation data,
may be issued unilaterally by the Grant Officer.
5.
Amount of Cost Share (Dstimatcd Cost And Pavment
Block 14 of form HUD-1044)
"l'he estirrated cost for the perforrrance
-
Leverasins) lSee
of this grant is the "Total Iustrument Amount".
'lhe Grantee shall be leimbursed by I-IUD for costs incurued in the performanoe of this
grant. IIUD shall not be obligated to reirnburse the Grantee in excess ofthe "Total HUI)
Amount", l-ìUD reserves the right to withhold five-pelcenf (5%) of the Federal glant amount
pending the leceipt and apploval ofa fìnal plogress report. See clause entitled "Final Repolt" f'or'
b
l-ltJD OSIIC Terms and Conditions 1br FY 201 I NOFA
rlore infonnation. "lhe proposed contlibution to suppletnent HUD funds is the "lìecipient
Amount." The Gtantee agrees to bear without reimbursement by HUD the "Rccipient Amount"
ofthe total costs. The Grantee is not obligated to contribute moro than the'úRccipient
Amount". However, the Grantee shall be solely responsible for any costs in excess ofthe
estirnated cost ol-the "Total Instrument Amount".
The Grantcc rnust satisfy all levcraging requilements in the NOFA. If thc Grantee's actual
leveraging contribution is less than "Rccipient Amount" undel Block l4 ofthe HUD 1044, the
Government reserves the right to negotiate new Iine items and/or amounts to satisfy the Glantee's
leveraged funds requirement, or to reduce the Government's share proportionally. The Grantee
shall notify the Governlnent at any timc it believes it will not meet its levelaged funds
requirernent by the cornpletion ofthe grant. lfthe Grantee exceeds the leveraged arnoulìt, there
will be no impact on the Fedelal share. HUD reserves the right to withhold payments if
leveraged funds are not spent.
Any funds requested by the Crantee shall be lequested in accordance with the clause
entitled, "Estimated Cost and Paynent - Line Of Credit Control System (LOCCS)."
HUD reserves the light to withhold payment if lcveraged resources arc not spent.
6.
Budeet
The Grantee shall incur costs in conformance with the original or negotiated budget,
presentcd with the ploposal for this grant. The Grantee shall not commingle any funds computed
under this grant with any other existing or future operating accounts held by the Grantee.
Ifthe Grantee has been contacted to subnìit documents to support the application that
were not received priot to the execution of this grant, the Grantee will not be allowed to draw
down funds in excess of I 0% of the lèderal arnount, until such tirne that the requiretnents have
been met. llUD |eserves the lighl to terminate an award if the required documents are not
provided within I month flom the date the written request was made.
Standard Forrn 425, Federal Financial Report (24 CFR Part 84.52 and/or 85.52), detailing
leveraged funds or in-kind conttibutions shall be submitted ou a bi-annual basis. As part ofthe
closeout process a final narrative and a final Standard Form 425 detailing the progress made in
achieving the purpose ofthe grant and adequate documentation ofthe total federal funds
expended in support ofthe activities to achieve this purpose ate due to the GTR 90 days afteL the
end ofthe petiod ofperformance (See clause entitled "Closeout").
The Federal Financial Report (Standard Folm 425) shall be submitted on a bi-annual
basis and is due 30 days aller the reporting period.
HUD OSHC Tenns and Conditions for FY 2011 NOFA
7.
Central Contractor Resistration ICCR)
Recipients and their first-tier sub-recipients must maintain current registrations in the
Central Contractor Registration (www.ccr.gov) at all times during which they have active federal
awards.
8.
Certifications and Assurances
The eertifications and assurances submitted in the Grantee's application ale hereby
inoorporated into this agreernent. They include:
a.
b.
c.
d.
e.
f.
g.
h.
Standard Fonn 424 or HUD 424, Application for Federal Assistance
Certification and Disclosure Form Regarding Lobbying (SF-Ll'L)
Applicanti Recipient Disclosure Update Report (HUD-2880)
Certification Regarding Parties Excluded From Procurements
Certification Prohibiting Excessive Force Against Non-Violent Civil Rights
Demonstrators
Certificalion/Disclosure Regarding federal Debt
Certification Regarding a Drug-Free Workplace
Codes ofConducl and Conflict oflnterest
A grantee must notify the G"lR ofany changes in the stalus or information on the above items.
9.
Chânees
In accordance with 24 CFR 85.30 or 84.25, as applicable, Grantees or sub-grantees must
obtain the prior approval ofthe awarding agency whenever any programmatic changes are
anticipated, including but not Iimited to the f'ollowing:
a)
b)
c)
d)
Any revision ofthe scope or objectives ofthe project (regardless ofwhether thele is an
associated budget revision requiling prior approval).
Budget revisions tliat ale 100/o or more ol'the total HUD alnount among direcl cost
categories, or, ifapplicable, among separately budgeted programs, projects, funotions, ol
activities which exceed ol are expected to exceed l0% of the current total approved
budget, whenever the awalding agerrcy's shate exceeds $ 100,000,
Changes in key persons in cases where specìfied in an application or a grant award. In
research projects, a change in the project director or principal ¡nvestigator shall always
requile approval unless wajved by the awarding agency,
Under non-construction projects, contracting out, subgranting (ifauthorized by law) or
otherwise obtaining the services ofa third party to perform activities, which are central to
the purposes of the award.
IIUD OSI-IC Terrns and Conditions for FY
201
t0
I NOFA
10. Closeout
The Grantee shall provide the Crant Officer with closeout documentation 90 days aller to
the end of the perforrnance period, consisting of the following five elements:
o
.
.
.
Narrative Final Report sumnrarizing activities conducted under the award, including
signilÌcant outcolnos resulling from the activities and problems encounteted during
the pclforrnance period;
f-ederal Financial Report (SF-425) ofthe total Federal Funds expended;
Completed lnventioris, Patents, and Copyright Statolnent; and
Completed Closeout Certifìcation.
HUD will notify the Crantee in writing whcn the grant is closed. The Grantee has three
areas ofcontinuing responsibility after closeout ofthe grant:
.
.
¡
Records and materials must be kept in a safe place and be accessible to auditors and
other government officials fìrr three years afler the grantee and all
subgrantees/subcontractoÍs make final paylnents and all other pending matters are
closed. (lfthe grant is covered by 24 CFR Part 84, see related record retention
requirernents in 24 CFR Sa.85(c)(2).) This requit'ernent also extends to all
subcontracts the Crantee has executed.
Accountability for property continues as long as the Grantce holds the property, or for
the period of time established by the agreement. Disposal ofpropeúy must be itr
accordance with the rules established in the Property Management Standards referred
to in the award. Progratn income, including royalties, must be used to support
eligible activities.
Notification to the Grant Officer il at any tine during the three-yeat period after
pfoject cornpletion, the Grantee organization is discontinued or changes location.
The Glant Ofl'icer should be notified immediately of the new addless or the address
ofthe party retaining all records.
1l.Q!!@
Collection ofdata frorn ten or more respondents and sponsored by HUD shall be subject
to thc Paperwork Reduction Act (44 U.S.C. 3501- 3520), Ifa survey instrument for a collection
ofdata sponsored by HUD is proposed, it will be subject to review and approval by the Office of
Managernent and Budget (OMB). Such review and approval rnust be obtained prior to the use of
the survey instrument. Also, a time element is involved here, which may considerably lengthen
the time required for colnpletion ofthe project proposed. Careful consideration should be given
to any proposal, which requires the use ofa sulvey or other infort¡ation collection sponsored by
HUD. The collection of data is deemed to be sponsored by I{UD only under the following
conditious (5 CFR 1320.3):
a)
The Grantee is conducting the collection of inforrnation at the specific request
HUD; or
of
HUD OSHC Terms and Conditions for FY 201I
b)
NOFA
11
Thetelms and conditions ofthe grant require specific approval bylìUDofthe
collection of information or collection procedures. Note that if the Grantee decides
on its own to collect information and it does not need HUD approval to do so, then
HUD is not the "sponsor" ofthe infbrmation oollection.
with thc Federal Funding Accountability and Transparency Act
of 2006 (Pub, L. 109-282) (Transparency Act)
12. Compliance
Applicants receiving an award 1'ìom HUD should be aware of the requirernents of the
Act. The Transparency Act lequires the establishment ofa central website thal
makes information available to the public regarding entities receiving federal financial
assistance, by not later than January I , 2008. In fulfìllment of the requirements of the Act, OMB
launched http://ww\\,.lJSAspcnd ing.gov in December 2007. The website makes information
available to the public on the direct awards rnade by the federal governnrent. The Transparency
Act also requires, beginning not later than January 2009, that data on subawards be made
available on the same website.
'lransparency
ln anticipation of the implementation of this requirement, HUD is placing awardees of its
FY20l0 competitive funding on notice ofthese lequilements and that, once implemented,
grantees will be required fo report their subaward data to HUD or a centlal fedclal database. The
only exceptions to this requirement undel the Transparency Act are:
l) Federal transactions below $25,000;
2) Credit card transactions prior to October l, 2008;
3) Awards to entities that demonstrate to the Director of OMB that the gross income of
such entity from all soulces did not exceed $300,000 in the previous tax year ofsuch
entity; and
4) Awalds to individuals. Guidance 1'or receiving an exception under item (3) above has
not been finalized by OMB.
HUD is responsible for placing award information for dilect grantees on the govetnment
website. 'l-he reporting ofsubaward data is the responsibility ofthe grantee. Glanlees should be
awarc that the law lequires the infolnation provided on the federal website 1o include the
lbllowing elemenls related to all subaward lransactions, except as noted above:
l) The name ofthe entity receiving the award;
2) 'l'hc aurount of the awald;
3) Infonnation on the award, including the transaction type, funding agency, the North
Ar¡erican lndustry Classification System (NAICS) code or Catalog of Federal Domestic
Assistanoe (CFDA) number (where applicable), prograrn source, and an award title
descriptive of the purpose of each funding action;
4) The location ofthe entity receiving the award and primaly location of perlormance
under the award, including the city, state, congressional district, and country;
I-{UD OSHC Tenns and Conditions for FY 201
I
NOFA
5) A unique identifìer ofthe entily leceiving the award and
12
ofthe parent entity ofthe
lecipient (the DUNS nutnber), should the entity be owned by another entity; and
6) Any other relevant informatioti specified by OMB.
13. Conduct of
Work
Duting the effcctive period ofthis grant, the GTR and/or the GTM identified in Block 9
of the I{UD- I 044 sha ll be responsible for rnonitoring the technicâl effort of the Grantee, unless
the Grantee is notilìecl in writing by the G[ant Officel of a replacetnent.
Only the Grant Officer has the authority to authorizc deviations li ot¡ this grant, including
deviations frorn the Wotk Plan. In the eventthe Grantee does deviate without wlitten approval
of the Grant Officer, such deviation shall be at the risk ol; and any costs related thereto shall be
borne by, the Grantee.
14.
Ç.etl[de¡ú¡ali!,
The service provider (e.g., the Glantee and any subglantees, subcontlactors or vendors)
rurust maintain confidential files on individual program beneficiaries served. Recipient staff must
kecp paper files in a locked filing cabinet and protect all electlonic files related to individual
beneficiaries with a pelsonal password.
The service providers shall maintain prinrary access to individual beneficiary files. Other
project nranagernent stafl rnay have access to these files only if they contain a "release of
information" consent form signed by the individual beneficiary. A releasc of information form
must clearly indicate which parties may have access to an individual beneficiary's file. Such
palties might include the management staffand HUD staff. Recipient staff must only share
individual benefìciary files with those parties listed on the signed fortn. If an individual
beneficiary has not signed the consent form the palties listed may not t ead that individual
beneficiary's file.
stafi The
will
confidential
infonnation
rccipient lÌust deternìine if the individual beneficiary's
signilicantly affect the safety and security ofthal individual or the recipient organization itself.
These categories serve as guidelines to recipient staffand tnanagement
I s.
@!Júqr¡q4lie!-Upd.a!es
The Glantee shall inf'orm the Grant Officer and G'I'R of any ohanges in contact
information, including the organization's name, address, telephone, e-mail, and key personnel.
16. Convriehts
HIJD reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish,
or otherwise use, and to authorize others to use fbr Federal government purposes: (a) the
copyright in any work developed under this award, sub-award, or contract awarded undcr this
HUD OSIiC felms and Conditions for IrY
20ll
NOFA
l3
grant; and (b) any rights ofcopyright to which a Grantee or sub-grantee or a contractor purclìascs
ownership with awald funds.
17, Dcfault and Disnutes
The Glantee is in default if one ol lnore of the following occuls:
L
Any usc of award agreement fünds for a purpose other than as authorized by this
Agreement;
2. Any mater¡al noncompliance with Federal, State, or local laws ol regulations as
determined by HUD;
3. Any other material breach ofthis award agreement, or
4. Any m isreplesentation in the application submissions which, if known to IìUD,
would have resulted in this award not being provided.
5. Failure to meet any reporting requirement.
Il'l IUD determines preliminarily that the recipient is in default as described in items I -5,
will give the recipient notice ofthis determination and the corrective or re¡nedial
action ploposed by ìlUD. The recipient shall have an opportunity to demonstrate, within the
time prescribed by l-lUD (not to exceed 30 days frour the date ofthe notice), and on the basis of
above, HUD
facts and data, that it is not in default, or that the proposed corleotive or remedial action is
inappropriate, before HUD implements the corrective or temedial action.
Where HUD determines that corrective or remedial actìons by the recipient have not
will not be efTective to correct the default and to prevent further
default, IIUD nTay take the following additional corrective and remedial actions under this award
been undertaken as instructed, or
agreement:
l.
2.
3.
4.
5.
6.
7.
Reduce the award in the amount affbcted by the default.
Take action against the recipient under 24 CF-lì Paît24 and Executive Order 12549
with respeot to future HUD or Federal grant awards.
De¡nand repayment ofall award amounts.
Iniliate litigation or other'ìegal ploceedings designed to require compliance with the
statute, regulations, any terms or oonditions of this award agreemenl, or other
pert inent ruthorit ies.
'l'ernporarily wilhhold gash payments pending corlection of the de1ìciency by the
grantee or subgfantee.
Withhold firlther payments.
Take any other remedial action legally available.
During performance ofthe grant, disagreements may arise between the Grantee and the
Glant Officer on various issues. Ifa dispute concerning a question of fact arises, the Grant
Officer shall prepare a final decision, taking into account all facts and documentation presented.
l'he decision shall be nrailed to the Grantee. The Grantee rlay appeal the decision in writing
within thirty (30) days to the Deputy Secretary ofHUD, or his or hel designated representalive,
IItJD OSHC 'lenrrs arrd Conditions for FY 201 I NOFA
l4
the Director', Office of Sustainable Housing and Comrrunities.
Failure to comply with the requilements established in the award and these provisions,
including l'ailule to submit leports on tirne and in accordance with the requirements contained in
these provisions, may lesult in HUD taking action to limit access to prograltì funds. Actions by
l-lUD may include, but are llot Iimited to: requiring that reports and financial statements be
submitted to the Glant Officer/G'l'R for apploval before drawing down any funds; removing the
Grantee fiorn the cLOCCS; suspending the ability to incur costs or dtaw funds; and/or
suspending or terrninating the Grant ftrr non-pel'formance.
IIUD may, on reasonable notice to the Grantee, ternporarily suspend the award and
withhold fulther pa¡,¡e¡1s pending colrective action by the Grantee. The awatd may be
terminated in whole or in part before the end ofthe perfornrancc period for cause when the
G¡antee has failed to cornply with the terms, conditions, standards, or provisions of this award.
The award may be tenninated for convenience when both parties agree that the continuation of
the award would not produce beneficial results.
18.J)eliverablePrq!4
During the perfunnance period, the lecipient is required to submit to the GTR Official
Wolk Products. These include but are not limited to progress reports; financial reports, closeout
documentationi products specified in the Work Plans, such as leports for HUD and the public on
activities conducted and results achieved, etc. Failure to submit required documents on time may
cause the Grant Oflicer to take action to suspend ol telminate the award.
19. Dquioment
When acquiring equiprnent, the Grantee shall cornply with the requirements set forth in
24 CFR 84.34 or'24 CFR 85.32, whichever is applicable, OMB Circular A-87 (2 CFR Part 225),
and OMB CirculaL A-122 (2 CFR Part 230).
20. Estimatcd Cost and Pavmcnt - Line Of Credit Control Svstem
(LOCCS/eLOCCS)
The Grantee shall be reirnbursed for costs incurred in the performance ofwork under this
glant in an aurount not-to-exceed "Total HUD Anlount" in Block l4 ofthe HUD 1044. ln the
event the Grantee inculs cost in excess of this amount, the excess shall be borne entirely by the
Crantee.
lncurred costs shall be reimbursed thtough I-lUD's Line of Credit Control System
(LOCCS) using the eLOCCS web based system. Each day LOCCS generates a paynent tape for
the l)epartment of the Treasury, which disburses the payrnents via the Automated Clearinghouse
(ACH) Payment Systern and a Voucher and Schedule ofPayments. All payments are certified
by l{UD and forwarded to Treasury fol processing.
HUD OSI-IC Tenns and Conditions foL F'Y 201 I NOFA
l5
Befote receiving l'unds from the el,OCCS, the Grantee lnust designate a 1ìnancial
institution for llUD to rnake direct deposit payments through the ACIì systern. In the event the
Grantee, during the performance of this grant, eleots to designate a different financial institution
for the receipt ofany payrrents, notilìcation ol'such change and the related information must be
received by the Grant Offìcer 30 days prior to the dale such change is to become effective.
To have access to LOCCS and the eLOCCS, the Grantee shall obtain a Security ID and
Password from HUD's LOCCS Security Officer, using the form HUD-27054, LOCCS Voioe
Response ieLOCCS Access Authorization Form,
The Grantee shall submit the original vouchers f'or work perfolmed to the GTR identited
in Block 9 of the forrn IIUD-1044. The voucher shall be supported by a detailed breakdown of
the cost(s) claimed (Grantees are to use the Part 3 F'inancial Repolting Attachnrent included in
Policy Guidance 2001-03), ln order to assure proper payment, if is ilnportant that the vouchel' is
in accordance with the payment amount requested through the eLOCCS. Payment requires the
Grantee to go to eLOCCS and provide the Security ID number and requested information.
Detailed instructions for using the LOCCS/eLOCCS were provided in I-lUD's Transmitfal Letter
for your award.
Funds advanced to the Grantee shall be maintained in an interest bearing account. Any
interest earned by the Grantee as a result ofthe advanced funds shall be plotnptly returned to
I{UD.
All
check remitlances should be sent to the new Miscellaneous Lockbox as follows:
Bank of America
DHUD P.O. 8ox277303
Atlanta, GA 30384-7303
$
Ifthe Grantee is a Slate, local government or I¡rdian Tribe, thc Grantee may rçtain up to
100.00 of interest earned per Glantee's fiscal yeal for adnr inistrative expenses (24 CFR 85.2 I ).
If the Glantee is a University, non-profit or fbl profit organization, fhe Grantee nlay
retain up to $250.00 of interest earrred per Grantee's fiscal yeal for administrative expenses (24
cFrì
84.22),
State universities and hospitals shall comply wilh the Cash Managemenl Improvernent
Act (CMIA), as it pertains to interest.
Other funds due to I'ìUD after the end date ofthc grant or close-out, as a result of internal
audit or other reasons, will be returned to the GTR identified in Block 9 ofthe lonn I-lUD-1044
of this grant.
will
Should the Grantee der¡onstrate an unwillingness or inability to establish procedures that
minimize the tirne elapsing between advanoes and disbu|senrents, or fail to provide any
HUD OSI-IC Telms and Corlditions for F'Y 201 I NOFA
l6
lequiled progress report in a tirnely rnanner', the authorization for advancc paymonts may be
levoked. The Crantee may tlien be required to finance the projoct with its own working capital
and payrlent to the Grautee rnay be made by Treasury check to reimburse it for actual cash
disbulsements tliat are approved by the GTR.
2t. E¡v.irs.uneû¡lBgvleq
This Environmental Review section applies to grantees that will conduct site control or land
acquisitiorr (Category 2- Detailed Execulion Plans and Programs), as described in the NOFA.
Activities that involve site control or acquisition are sub.iect to HUD environnrental review
tnder 24 CFR Part 50. For plojects involving these activities, HUD's notification of awatd
constituted only a preliminaly approval by lllJD subject to the completion ofan
environmenfal review ofthe proposed site(s). Selection fbr participation and the execution of
this Agreement do not constitute approval of the proposed site(s). Each proposal involving
site control or acquisition is subject to a IJUD environmental review, and the Grantee's
proposal may bc modified or the proposed sites rejected as a result of thaf revicw.
The Grantec shall riot acquire, rehabilitate, dernolish, convert, lease, repair, or construct
property, nor comrnit or expend HUD or local firnds lol these ptogram activities with respect
to any eligible property, until HUD apptoval ofthe property is received. An option
agleelnent on a proposed site or property is allowable prior to the completion ofthe
environrrental review if the option agreement is subject to a determination by IJUD on the
desirability ofthe property for the pro.iect as a result ofthe completion ofthe I-I Uf)
environrnental leview and the cost ofthe option is a nominal portion ofthe purchase price.
The Grantee shall assist IIUD in complyingwith24 CFR Part 50; shall supply HUD with all
available, relevant information necessary for HUD to perfortn an environmental review for
each property, as requested by I-lUD; and, shall carry out mitigatittg measures required by
IIUD or select alternate eligible property if required by HUD..
22.
a)
Fair Housins and Civil Rishts Laws
'fhe Glantee represents, warralìts, and certifies to HIJD that i1 shall comply \.vith all
applicable Federal statutes, regulations, and requirements relating to nondiscrimination and equal opportunity identified in lìUD's regulations at 24 CI'R $
5.10-5(a), and assure such cornpliance ofany of its sub-grantecs under this
Agreement, including the following:
I
.
Tirle vr of rhe civil Righrs Acr of 1964 (42 tJ,s.c. $$ 2000d-2000d-4) and
implenrenting regulations at 24 CFR part l, Nondiscrimination in Fedelally
Assisted Programs ofthe Departnrcnt of Housing and Urban Developrnent Effectuation of Title Vl o1'the Civil Rights Act of 1964;
I'IUD OSFIC Terms and Conditions for FY 201 I NOIìA
I7
2. 'litle
IX o1'the Education Amendments oî 1972, as amended (20 U.S.C. $$
l68l:1683, 1685:1688) and implementing regulations at 24 CFIì part 3,
Nond iscrimination on the Basis of Sex in Education Programs ol Activities
'
Receiving Fedelal
F
inancial Assistance;
3.
Section 504 ofthe Rehabilitation Act of 1973 (29 U.S.C. $ 794) and
implementing regulations at 24 CFR part 8, Nondiscrirn ination Based on
Handicap in Federally Assisted Programs and Activities of the Departrnent of
Housing and Urban Development;
4.
Title ll of the Anrericans with Disabilities Act ol'1990 (42 U.S.C. $
l2l0l
er ser;.)
and irnplementing regulations at 28 CFR part 35;
5.
6.
7.
The Fair Housing Act (42 U,S.C. $$ 3601-19) and implementing regulations at 24
CFIì Part 100, Discriminatory Conduct Under the Fair Housing Act;
Execr.rtive Order I 1063, as amended by Executive Order 12259, and
irnplementing legulal.ions at 24 CFR part 107, Nond iscrirnination and Equal
Opportunity in I'lousing Under Executive Order I 1063; and
The Age Discrirnination Act of 1975 (42 U.S.C. $$ 6l0l-6107) and
inrplementing regulations at 24 CIìR part 146, Nondisclim ination on the Basis
of Age in I-lUD Programs or Activities Receiving Fedelal l.'inancial
Assistance.
b)
The Grantee represents, warrants, and certifies to I'IUD that it shall administer its
grant in a rnanner that affirrnatively furthers fair housing and that, at a nrinimum, it
shall calry out all actions to afl'irrnatively further fair housing as proposed in its
application for financial assistance under the Sustainale Comnrunities Initiative Grant
Programs.
c)
The Grantee represents, warrants, and certities to HUD that it shall e¡rsure that
employment, contracting, and other econo¡nic oppoltunities generated by the
Sustainale Conrmunifies Initiative Grant Plograms shall, to the greatest ex1en1
feasible, be directed to low- and very low-income pelsons pulsuant to Section 3 ofthe
Iìousing and Urban Development Act of I 968 ( I 2 U.S.C. I 701u) and FIUD's
implernenting regulations at 24 CFR part 135.
d)
Grantees are required to cooperate and assist flUD in its nond isclilninalion and
equal opporlunity compliance activjties and are required to maintain and submit
racial, ethnic, disability, and other demogtaphic data pursuant to HUD's
nond iscrim ination and equal opportunity regulations including those at 24 CFR gg
1 .6, 8.5 5, 107 .30, and 121.2.
IJt JD OSI{C Terrns and Conditions for FY 201
l8
I NOIìA
23. Flow Down Provisions
Ifthe Glantee contracts or subawards funds under this agreement with a persou ot entity
to ¡rerform work under this awald, thc Grantee shall include in the contract ol subaward
agleement such provisions as may be necessary to ensure that all contlactors and subgrantees
cornply with the requirernents o1'the grant and reporting provisions as set lbrth in these terms and
conditions or as established by HUD and the Offìcc of Management and Budget (OMB)
The Ternis and Conditious of this agreement flow down to all tiers ofsubgrantees. First tier subgrantees are required to obtain a DUNS nutnbers (or update its cxisting DUNS record), and
register with the Central Contractor Registration (CCR; www.ccr.gov) no later than I20 days
after execution of this agreernent.
24. HUD's Rieht to
Audit and Disallow and Recover Funds
'l'he government reselves the right to seek recovery ofany funds that were not expended
in accordance with the requirements or conditions ol'this agreernent based upon HUD review,
the fìnal audit, or arìy other special audits or reviews undertaken. HUD has the right to order a
special audit, even ifthe Grantee's auditor ot a cognizant agency has already conducted one
25. HUD,S SUBSTANTIAL
INVOLVtrMENT
HUD's Office of Sustainable llousing and Communities will work in partnership with its
ofthe gl'ant progranr. The Cooperative Agreement
allows for substantial involvement of HLJD staffto enhance the perfortnance ofthe grantee in the
cornpletion of thcir dcliverables.
grantees to advance the plogram objectives
Anticipated substantial involvement by HUD staff may include, but
will not be limited to:
Stud ics and Reports
¡
.
Review potential amendrnent recommendations to the study design and/or Workplan.
Review and plovide recornmendations in response to bi-annual progress repofis (e.g.,
arnendrnents to study design based on prelirninary results).
Review and provide recornrnendations on the lÌnal report/study, including final
interpretation of study results.
Approvals and l{eviews
Authority to halt activity ifspecifications or work statoments are not met;
Revicw and approval ofone stage ofwork before another can begin;
Review and approval ofsubstaritive provisions ofproposed sub-grants or contracts
beyond existing Federal policy;
Approval ofworkplan adjustments based on changing conditions and needs documented
in the cohort targeted for capacity building.
Review and approval of key personnel
Participation and Mouitoling
¡
.
.
o
.
o
t'lUD OSI{C Terms and Conditions for FY 2011 NOIìA
.
.
o
o
.
l9
Monitoring tÕ permit specified kinds of dìr'ection ol redirection ol'the work because of
interrelationships with other projects;
HUD and recipient collaboration orjoint palticipation;
Implementing I-IUD requilements which limit recipierrt discretion;
Coordination of cornplemenlary activities fiom respective capacity building
interrnediaries, including deterIrrining if workplans require adjuslrnerlts based on
changing conditions;
Where appropriate substantial, direct IJUD operational involverrent or participation
during the assisted activ ity.
26.
Iæc¡¡erse-sfçe$E
The Grantee is allowed to incur costs for activities beginning the el'fective date of the
award as stated on the I'lUD- 1044 under period of perf'ormance. Any costs incurled before the
date are not allowable unless specifically authorized in wliting by the Grant Officer or GTR.
At a minimum, grar'ìtees are requiled to drawdown funds on a quarterly basis. An eLOCCS Request Voucher for Grant Payment (llUD f''orrn 27053) must be used to be reirnbursed
1òr award funds. Any funds Íequested by the Glantee shall be requested in accordance with the
clause entitled, "llstinlaled Closl and Payment - Line of Credit Control Systern (LOCCS),"
27'Illdirectcosts,
Fol grantees without a federally approved indirect cost late, a provisional indirect cosf
pending
rate,
establishment ofa 1ìnal rate, will be applied to this grant. Reinrbursemenl will be
made on the basis ofthe provisional rate. By accepting this agreernent, the Grantee agrees to bill
at the provisiorral indirect cost rate until an approved indirect late agreelnent becomes elícctive.
Adjustnrents will be made from the provisional ratc to the fìnal late. I'ìowever, such adjustnrents
must be within the total amount of the award as stated in Block #15 of the l-lUD-1044.
28. Insnection and Acceptancc
Inspection, review, correction, and acceptance ofall deliverables under this awald shall
GTR. The GTR uray receive recornmendations fìonr assigned GTMs.
be the responsibility of the
29. Insnector General Referrals
The Grantee or any subgrantee, subcontractor or other sub-recipient awarded funds shall
promptly refer to an appropriate inspector general any credible evidence that a principal,
ernployee, agent, contractor, sub-grantee, subcontractor, or other person has subrnitted a fàlse
claim under the False Clailns Act ol has cornmitted a criminal or civil violation of laws
pe(aining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those
fund s.
30. Limitation on Consultant Payments
I'IIJD OSI-ìC Telms and Conditions lor FY 201I NOFA
20
PeI the requirements of the NOFA, federal 1'unds may not be used to pay or to providc
reiurbulseurent lor payrnent ofthe salary ofa consultant, whether retained by the fedelal
Governnient or the Crantee, at a rate llrore than the equivalent ofGeneral Schedule 15, Step l0
base pay rate. See the Office of Personnel Management Website, www.opm.gov, and its Salaries
and Wages link for the curreut base rate, which nray be lower than the local rate.
31. Limitation on Pavmcnts to Influence Certain Federal Transactions
Section 1352 of Title
be expended by the recipient
3l of the U.S. Code
provides in part that no appropriated funds may
ofa Federal contlact, grant, loan, or cooperative agreement to pay
person
attempting to influence an offìcer ol employee ofany agency, a
for
influencing
ol
any
Mernbel ofCongtess, an officer or etnployee ofCongress, or an employee ofa Mernber of
Congress in connection with any ofthe following covered Federal actions: the awarding ofany
Federal contract, the making ofany Federal grant, the rnaking ofany Federal loan, the entering
into ofany coopcrative agreement, and the extension, continuation, renewal, amendmetrt, ot'
rnodification of arry Federal contÌact, glant, loan, or cooperative agreen'ìeltt,
32. l-ohbvins Activities Prohibition
'llhe Grantee is subject to the provisioris ofsection 319
ofthe Depalhlent oflnterior
and
Related Agencies Applopriation Act for Fiscal Year 1991,31 U S.C. 1352 (the Byrd
Amendrnent), implenented in HUD regulations at 24 CFR Part 87 and to the provisions of the
I.obbying Disclosure Act of 1995, P.1,. 104-65 (Decernber 19, I995)
33. Manascment and Work Plan
The management and wolk plan, deliverables and budget revisions shall cornply with the
requirerrents established by the NOFA. The Grantee shall complete and submit a detailed
management and work plan within 60 days after the effective date ofthe grant; this plan is
subject to review and apploval by l{UD. The revisions to the general plan subrnitted in the
proposal shall include any negotiated changcs ofthe work plan or budget ifapplicable. The plan
shall be developed according to the instructions that will be provided by the GTR.
The management and work plan consist ofthe goals and time-phased objectives and
deliverables for each ofthe rnajor tasks to be undertakcn by the program. A revised budget, in
accordance with the final negotiation, shall be submitted (ifneccssary).
34.
Monitorins
The responsible Depaftmental official, GTR, or designee may review and monitor the
practices of the Grantee to deternine whether it is in cotnpliance with this Agreernent or other
requilements that arise as a result of the Grant Award. The GTR will also provide perfortnance
monitoring by tlaclting Grantee's progress in ureeting thc goals and objcctives ofthe proglarn.
zt
HUD OSI-IC Terms and Conditions for FY 201 I NOFA
3s.Q.I:@se
In the event ofany inconsistency arnong any provisions of this grant, the following older
of precedence shall apply:
a) I{UD 1044 Cooperative Agreement
b) NoFA
c) Management and Work Plan.
d) Uniforrr Administrative Requirements.
e) Grantee's Proposal (if incorporated)
36.
Patent rights are as speoified in 37 CIrR Part 401 , entitled "lìights to lnventions rnade by
Nonprofìf Organizations and Srrall Business Þ'irms under Government Grants, Conlracts and
Coopelative Agreements." Inquiries regarding thìs Patent Iìights clause should be in writing and
directed to:
Cranl Ollìcer
Office o1'Sustainable IJousing and Communities
U.S. DeparhÌent of HoLrsing and Urban Development
451 Seventh Stleet SW, Room 10180
Washington, DC 2041 0-3000
37, Period of Performance and Dxtensions and
Incurrins Costs or Oblisatinq
Federal Funds Bevond the Dxuiration Date
a) The Grantee shall provide all services stipulated in this cooperative agreernent for the
period of rnonths specified in the forur HUD 1044, "Assistance Award/Amendment," or its
Continuation Sheet, from the effective date stipulated in Block #5 ofthe HUD 1044. Grantees
are to corrply with the requirements of 24 CFR 84.28 or 24 CFR 85,23 (Period of availability of
funds), as applicable, in charging costs to the grant. All obligations incurred under the award
must be liquidated within the period ofperfornrance.
b)
The Grantee shall not incur costs or obligate federal funds for any purpose pertaining
to the operation ofthe project or program, 30 days prior to the end ofthe period ofperformance.
The only costs which are authorized during the last 30 days ofthe period of perfornrance ale
those strictly associaled wilh closeor¡t activities. Closeout activities are normally lirnited to the
preparation offinal progress, financial, and required project audit lepods unless otherwise
approvcd in wliting by the Grant Officer.
The Office of Sustainable l{ousing and Comrnunities lias no obligation to provide any
additional prospective funding. Any arnendment ofthe award to increase funding is at the sole
discretion of that Office.
HUD OSI-ìC Telrns and Conditions lbr FY 201 I NOFA
38.
22
lers94r9!
The pelsonnel, specified as key personnel in the oliginal or amended HUD forr¡ 2010
(Rating Factor f'orrn), Factor 1, Capacity 01-the Applicant and Relevant Organizational
Expericnce, are considered to be essential to the work being perforrned hereunder'. Pt ior to
diverting any ofthe specifìed individuals to other work, the Grantee shall notify the Gtant
Offìcer and G'T'R reasonably in advance in writing and shallsubrnitjustification (including
ploposed substitutions (with the qLralifications and experience of'the substitute personnel)) in
suflÌcient detail to permit evaluation ofthe impact olt the work effbrt. No divetsion shall be
rnade by the Grantce without the wlitten conscnt of the Grant O1'ficer.
39. Profit/Fee
No inclement above cost, fee, or profit utay be paid to the Grantee ol any subgrantee
under this award.
40.!¡pgs¡q-.Iq
Any program income derived as a result of this award shall be addcd to funds committed
under thc award to further activities eligible for assistance undet this agreemellt. Ifnot contained
in the Work Plan or under Special Conditions itemizcd in these plovisions, prior to using
proglam income to lirther the objectives ofthe grant proglalr, the parties shall mutually agree
by writlen amendtnent on the use ofprogtatn income. Ptogram incotne received after the period
ofpelformance must be used to further the otrjectives ofthe applicable grant prograln for which
this grant is awarded in accordance with 24 CFR 84.24 ot 85.25, as applicable.
41. Prohibited Use of Funds
You may not use funds for thc f'ollowing ineligible activities:
(a) Ineligible administrative activities under OMB Circular A-102 (24 CFR Pan 85),
Grants and Cooperative Agreements with States and Local Governments; OMB
Circular A-l l0 (2 CFR Part 215) Uniform Administrative Requirernents fot Grants and
Cooperative Agreelnent with lnstitutious of Llighcr Education, Hospitals and other
Non-Ptofi t Olganizations;
(b) Ineligible costs under OMB Circular A-87 (2 CFR Patt 225), Cost Principles for State
and Local and lndian Tribal Governments; and OMB Circular A-122 (2 CFR Part 230),
Cost Principles for Non-Profìt Organizations;
(c) Dcveloping plans that would assist business or industry to relocate to an area to the
dctl iment of communities where the business or industry is currently located. This
funding restriction does not apply to businesses that are displaced as a result o1'
Category 2 projects. The rcquirements o1'the Unifurm Relocation Assistancc and Real
IIUD OSIIC 'lerms and Conditions lor I.'Y
20 I
I NOFA
Property Acquisition Policies Act ol'1970 (42 U.S.C. 4601) (codified at 49 CFR Palt
24) covel any person who moves permanently from real property or lnoves personal
property from real property as a result ofdirect acqr.risition, rehabilitation, or demolition
for a program or project receiving HUD assistance (See the General Section).
(d) Substitution of Sustainable Cornnrunities funds for funding already pledged to support
community development; housing; watershed, air and water qualily; transportation
planning; food production and distlibution planning; and other planning activilies
eligible under the sustainable comrnunities planning program.
42.
The resulls ofwork conducted under the awald rnay be made available to the public
thlough dedication, assignment by Ì{UD, or olher means, as I-IUD shall determine.
.4ll interin'ì and fìnal reports and any other specified deliverables shall be owned by the
goverr'ìnlent and held for the benefit of the public which shall include Grantee and Grantee's subrecipients.
Interirn and final reports (including, if applicable, scientific nranuscripts) rray not be
published by the Grantee or any sub-recipients participating in the work for a period ofsixty
days afler acceptance ofthe deliverables by the GTR.
All deliverables, or any part thereof, and any independenl products and special products
alising lrom this award, when published by the Grantee or other participants in the work shall
contain the following acknowledgmenl and disclaimer:
The work that provided the basis for this publication was supported by funding under an
award with the U.S. Departrnent of l-lousing and Urban Developrnent. 'Ihe substance and
findings oflhe work are dedicated to the publio. The author and publisher are solely responsible
for the accuracy ofthe statements and interpretations contained in this publication. Such
interpretations do not necessarily reflect the views ofthe Govelnment."
Copies of ali press releases, formal announcements, and other planned, written issuances
containing news or inl'onnation concerning work products ol activities ol'this award fhat rnay be
made by the Grantee or its staff or any sub-grantee or other person or organization pafticipating
in the work offhe award, shall, be provided to the GTR 1òr review and comment before the
planned release. Whenever possible, these should be provided 1o the GTR for review and
comment at least two weeks before the planned release, but in no event simultaneously with the
lelease.
The use of Social Media, such as web fecds, wikis, blogs, photÒ and video-shaling,
podcasts, and microblogs is acceptable undel OSHC grant progran'ìs. Inforrnation to be released
I-ìIJD OSI'IC Terms and Conditions for FY 201
I NOFA
24
through Social Media must be provided to the GTR f̡r leview and colllment at least 2 business
days before the planned release.
43, Renortins
a)
Deliverables
The Grantee shall include a schedule listing all significant project milestones, arrd dates
lor submission ofall project delivelables including biannual project repotts, interim reports
whete appropriatc, the fìnal report, and financial reports utilizing Standatd Form 425, the Federal
Financial Report. Upon approval ofthe Work Plan, the Grantee should ensure all deliverables
identified in thc Work Plan are delivered on titne.
b)
IJi-Annual Proqrcss Reports
A ternplate to be used in the preparation ofeach biannual report will be provided by IIUD
after grant award. Bi-annual roports must reflect activities undertaken, obstacles encountered
and solutions achieved, and acconrplishnrents. Contracts, trairiing rnaterials and protocols, rosters
ofpersons trained, outreach and educational materials plepared, and othcr significant ptoducts
developed to implement, analyze or control the project or disseminate information are to be
submitted with the biannual reports as attachments.
Grantees shall submit reports as specilìcd in this clause. The reports submitted to I IUD
require the sublnission of a work plan with specific, tirne phased, and realistic goals, objectivcs
established. Bi-annual status repods that show progress and measure perfot'tnance ofthe
program in nieeting approved work plan goals, objectives ale to bc submitted.
Grantees are advised that failure to submit timely biannual progress reporls will result irr
not having their "eLOCCS Requesi Voucher for Grant Payment" processed and also may result
in a low performance rating, which could result in grant termination. Reports are due 30 days
after the reporting period.
c) Besl$dlßepsr6
o
¡
.
Grantees are requiled to submit biannual progress reports. RepoÉing requitements
ate specified in the Notice ofFunding Availability and these Terms atrd Conditions.
In case ofconflict, the more-stringent provisions apply.
Economic Ooportunities for Low- and Verv Low-lncorne Persons (Section 3). The
HUD Forrn 60002, Economic Opportunities fol L,ow- and Very Low-lncome Persons
(Section 3) must be submitted by January lOth, and yearly thercafter.
Fedelal Financial Report (Standard F-orrn 425)
HUD OSIìC Telrns and Conditions l'or l:Y 20ì I NOIìA
d)
z5
Final llcport
A lìnal lepolt shall be subrritted, The fìnal repolt shall summarize the applicanl's plans,
execution ofthe plans, achievements noted, and lcssons learned. The report need not be lengthy,
but should be ofa quality and detail to plovide fieestanding description to any outside leadel of
all ofthe applicant's wolk and achievelnent under the grant. See clause entitled "Closeout" for'
the specific elements to be included with your final leport. Specific and detailed guidance on
preparing the foms and the nallatives may be obtained from the GTR.
44'
Bsrp3-cg¡e!-sl3e
BRANCH PROCUREMENI- OF CERTAIN KINDS OF PRINTING;'.PIì.INTING'' DEFINED
Pub.L. 102-392, title II, Sec.207(a),Oct.6, 1992, 106 Sta1. I719, as arrendcd by Pub. L.
103-283,titlell,Sec.207,July22, 1994, 108Stat, 1440; Pub. L. 104-201, div. A, title XI,
Sec. I I I 2(e)(l), Sept. 23, 1996, 1 l0 Stat. 2683, provided that:
l)
None ofthe funds appropriated fol any fiscal year rnay be obligated or expended by
any ent¡ty ofthe exeoutive blanch fot the procurelnent ofany plinting related to the
ploduction ofGovernment publications (including printed folrns), unless such
procurement is by or through the Government Printing Office.
2)
does not apply to (A) individual plinting olders costing not ntole than
$1,000, if the work is not ofa continuing or repetitive nature, and, as certified by the
Public Printer, ifthe work is included in a class of work which oannot be provided
more econornically through the Governrnent Printing Office, (B) printing lol the
Central hitelligence Agency, the Defense Intelligerrce Agency, National lmagery and
Paragraph
(l)
Mapping Agency, or the National Security Agency, or (C) printing from other sources
that is specifically authorized by law.
As used in this section, the ternr "printing" includes the processes of composition,
platerraking, presswork, duplicating, silkscreen prooesses, binding, rnicroforrn, and the end items
of such processes,
45. Review of Delivcrablcs
a)
Definilion - For the purpose of'this clause, "Deliverables" include:
l)
2)
3)
4)
b)
General
All
interirn and final reports;
Survey instruments required by Work Plan, if applicable;
Other physical materials and products produced directly under the Work Plan
this grant, if applicable; and
In-kind and leverage comrnitmerrts, ilapplicable.
of
I-lUD OSIiC 'ferms and Conditions for FY 201 I NOFA
l)
2)
3)
4)
5)
6)
26
The CTR shall have the sole responsibility lbr HUD leview, correct¡on, and
acceptance ofthe deliverables ofthis grant. Such review(s) shall be carried out
prornptly by the CTR, so as not to impede the wofk of the Grantee.
The Grantee shall carry out the required corrections, ifany, provided by the GTR
and shall promptly return a revised copy ofthe product to the GTR.
The basis for acceptance shall be the Grantee's good faith efforts to complete the
deliverables of this grant.
'l'he GTR's review, correction, and acceptance ofdeliverables shall be lir¡ited to:
(i) corrections of omissions ol errors of fact, methodology, ot analysis; ii) deletion
of inelevant rnatelials; and (iii) improvements in style readability.
In the review and acceptance ofdeliverables, the GTR rnay not require any
change in the Crantee's stated views, opinions, ot conclusions.
Should there be any disagreement between the Grantee and the GTR as to âtry
correction, or the rnethodology or analysis on which any conclusion ìs based, the
CTR may require the Grantee to insert a Government dissent(s) in the appropriate
place(s). The inclusion ofsuch dissent(s) in an Official P¡oduct of Work,
otherwise found acceptable by GTR, and the return to the CTR ofa revised copy
containing the dissent(s), shall satisfy the requirements for acceptance ofthe
Olficial Product of Work under this clause. Such dissent(s) shall not apply to any
iridependent publication by the Grantee of Independent Products that lnay al ise
frorn the work or findings of this grant.
46.þl@ises
The Grantee shall furnish the necessary personnel, materials, services, equipment,
facilities (except as otherwise specified herein) and otherwise do allthings trecessary for'ot
incidental to the performance o1'the work set forth in the original/revised application under the
this NOFA, as well as the subsequent Management and Work Plan schedule.
47.W0!ls.!r-ürce
Section 508 ofthe Rehabilitation Act ol 1973 requires all Federal electronic and
infòrmation technology to be accessible by people with disabilities. All Products of Work that
will be posted on HUD's website must meet HUD's Web Publication Standards and Procedules
at rvww.h ud.gov/assist/weLrpolicies.cû1.
48.
of Federal Awards and Recinient Resrronsibilities for Informinq Subrecipients.
a) Uniform Administrative Requirements for Grants and Agreernents" and OMB A-102
(24 CFR Part 85) Comrnon Rules provisions, recipients agree to rnaintain records that identify
adequatcly thc source and application of funds.
IIUD OSHC Telms and Conditions for FY 201I NOFA
27
b) Þ-or lecipients covered by the Single Audit Act Arnendments of 1996 and OMB
Circular A- 133 (2 Cf'Iì Parl 180), "Audits of'States, I-ocal Governnrents, and Non-Profit
Olganizations," recipients agree to separately identily the expenditut es fot Federal âwards on the
Schedule ofExpenditures ofFederal Awards (SEFA) and the f)ata Collection Form (SI.--SAC)
required by OMB Circular A-133 (2 Cþ-R Part 180).
c) Recipients agree to separately identify to each sub-recipient, and document at the time
of sub-award and at the time of disbursement of funds, the Federal awald nurnber', CIìDA
number, and anrount of funds.
d) Recipients aglee to rec¡uiIe their sub-recipients to include on their SEFA. This
information is needed to allow the recipient to properly monitor sub-recipient expenditule ofas
well as oversight by the Federal awarding agencies, Offices ol'lnspcctor General and the
Government Accountabi | ¡ty Office.
49. Snecial Conditions
Special Conditions to this award are listed in the form HUD,l044 Continuation Sheets.
50. Sub-recinient Monitorins and Management
Recipients will be responsible for the monitoring and lnanagement ofall sub-recipient
awards. Managenrent and reporting requirernents applied to direct recipients tier-down to
elnployees, affiliates, sub-r'ecipients, and subcontractors, and recipienls will be responsible for
ensuring conrpliance and subnitting required reports to I-IUD. Recipients nray incolpor.ate all
sub-recipient reporting into a consolidated teport with the exception of'the r.equirernents
established lor compliance with the Iìederal Funding Accountability and Transparency Aot ol'
2006 (Public Law 109-282) also known as FI.-ATA or the 'l'r'ansparency Act.
51, Whistleblower Protection
Each grantee or sub-grantee awarded funds made available shall plomptly rel'er to the
HUD Offìce of Inspeotor General any cledible evidence that a principal, employee, agent,
contractor, sub-recipient, subcontractor, or other person has sublnitled a false claim under the
False Clairrs Act or has commifted a crinrinal or civil violation of laws pertaining to lì.aud,
conllict of interest, bribery, gratuity, or sirnilal rrrisconduct involving those finds. Cornplaints
can be made to the HUD OflÌce of Inspector General through any of the following means:
Calling toll-fiee aI l-800-347-3735; persons who have hearing or. speech
disabilities may reach this number fionr fhe Federal Relay Service, at I -800-877833 9.
Faxing at (202) 708-4829
Ìi-mailing to hot Iine@hudoig. gov
Writing to HUD Olc lìotline (CFl),451 7rh Sh.eet, SW, Washington, DC 204i0