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9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR 10a. GRANTEE AUTHORIZING OFFCIAL 10b. FEDERAL PROJECT OFFICER 1. DATE ISSUED MM/DD/YYYY 1a. SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed remain in effect unless specifically rescinded NOTICE OF AWARD 2. CFDA NO. 3. ASSISTANCE TYPE 4. GRANT NO. Formerly 5. TYPE OF AWARD 4a. FAIN 5a. ACTION TYPE 6. PROJECT PERIOD MM/DD/YYYY From MM/DD/YYYY Through 7. BUDGET PERIOD MM/DD/YYYY From MM/DD/YYYY Through 8. TITLE OF PROJECT (OR PROGRAM) ALL AMOUNTS ARE SHOWN IN USD ( REMARKS (Other Terms and Conditions Attached - Yes No) GRANTS MANAGEMENT OFFICER: ISSUE DATE: GRANTEE ACCEPTANCE: ACCEPTANCE DATE: 15.OBJ CLASS 16a. VENDOR CODE 16b. EIN 17a.UEI 17b.DUNS 18. CONG. DIST. FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION 19. a. b. c. d. e. 20. a. b. c. d. e. 21. a. b. c. d. e. 11. AWARD COMPUTATION FOR GRANT 14. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, HUD ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: a. The grant program legislation cited in remarks or attachment below. b. The grant program regulations cited in remarks or attachment below. c. This award notice including terms and conditions, if any, noted below under REMARKS. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of this award by the grantee acknowledges acceptance of these terms and conditions. a. Amount of HUD Financial Assistance b. Less Unobligated Balance From Prior Budget Periods c. Less Cumulative Prior Award(s) This Budget Period d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 12. Total Federal Funds Awarded to Date for Project Period 13.RECOMMENDED FUTURE SUPPORT Subject to the availability of funds and satisfactory progress of the project): YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS a. b. c. d. e. f. 05/30/2024 THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 14.896 - Family Self-Sufficiency Program Project Grant FSS24AZ5658-01-00 Other FSS24AZ5658 New 451 7th Street S.W., Washington, DC, DC 20410 01/01/2024 12/31/2024 01/01/2024 12/31/2024 Family Self Sufficiency Coordinator CITY OF GLENDALE 6842 N 61st Ave Glendale, AZ 85301-3111 Karen Mofford 6842 N 61st Ave Glendale Housing Authority Glendale, AZ 85301-3111 Phone: 6239303719 Karen Mofford 6842 N 61st Ave Glendale Housing Authority Glendale, AZ 85301-3111 Phone: 6239303719 Tremayne Youmans 451 7th Street S.W., Washington, DC 20410 Phone: 8881112345 88,949.00 0.00 0.00 88,949.00 88,949.00 Marianne Nazzaro 451 7th Street S W Washington, DC 20410-0001 Phone: 111-111-1111 05/30/2024 Karen Mofford 05/30/2024 4120 866000278 866000278 03 4-PIH-FSS-GRANT FSS24AZ5658 FSS $66,000.00 86 2124 0350 4-PIH-FSS-GRANT FSS24AZ5658 FSS $22,949.00 86 2326 0350 JPC1A6MZZE33 2 of 05/30/2024 FSS24AZ5658-01-00 2 PAGE DATE ISSUED GRANT NO. NOTICE OF AWARD (Continuation Sheet) 2 AWARD ATTACHMENTS CITY OF GLENDALE FSS24AZ5658-01-00 FY23 FSS Grant Agreement 1. FY23 FSS Agreement TABLE OF CONTENTS Article I: Basic Grant Information and Requirements Article II: HUD Requirements Sub-Article A: Grant Administration, Conditions Requiring Termination of Funding Sub-Article B: Financial Responsibilities Sub-Article C: Method of Payment [Funds Drawdown] Sub-Article D: Authorized Funds by Budget Line Item Number Sub-Article E: Reporting Requirements Sub-Article F: Administrative Requirements Sub-Article G: Grant Closeout Sub-Article H: Default Sub-Article I: Grant Modification or Termination by Agreement Between HUD and Grantee Sub-Article J: Disputes Sub-Article K: Money Damages Article III: Grantee Performance Article IV: Grantee Misrepresentation 1 2 FISCAL YEAR 2023 1 2 FAMILY SELF-SUFFICIENCY PROGRAM GRANT AGREEMENT 3 (CFDA Number: 14.896) 4 (Attachment to NOTICE OF AWARD) 5 6 FY2023 Family Self-Sufficiency 7 GRANT AGREEMENT 8 9 This Grant Agreement (“Grant Agreement”) is made by and between the United States 10 Department of Housing and Urban Development (“HUD”) and the Grantee. The Grantee 11 received a FY2023 Family Self-Sufficiency (“FSS”) Grant from fiscal year 2023, for the 12 operation of a Family Self-Sufficiency Program (“FSS Program”) that is the subject of this Grant 13 Agreement and that is identified on the award obligation document (Notice of Award). 14 HUD agrees, subject to the terms of this Grant Agreement, to provide grant funds to 15 the Grantee, in the total amount listed on the Notice of Award, for the activities described in 16 the FY2022 Family Self-Sufficiency Notice of Funding Opportunity (NOFO) (which was a 17 two-year NOFO and covers FY23 awards) and as defined in Articles II and III. 18 Grant funds will be available in HUD’s electronic Line of Credit Control System (e- 19 LOCCS) payment system to which the Grantee will be given access (with proper 20 documentation) to draw down these funds. 21 The assistance that is the subject of this Grant Agreement is authorized by and required to 22 be used in accordance with Section 23 of the United States Housing Act of 1937. Funding for 23 this program is authorized by the Consolidated Appropriations Act, 2023 (Consolidated 24 Appropriations Act, 2023 (Public Law 117-328), approved December 29, 2022. The Notice of 25 Award and the Exhibits are incorporated into and subject to the terms of this Grant Agreement. 26 HUD and the Grantee hereby agree to be bound by the following terms and conditions of 27 this Grant Agreement: 28 29 ARTICLE I: BASIC GRANT INFORMATION AND REQUIREMENTS 30 31 The FSS Program supports the Department’s strategic goal of increasing economic opportunity 32 for HUD-assisted families. FSS provides grants to Public Housing Authorities (PHAs) and 33 owners of HUD-assisted multifamily housing properties to support the salaries of FSS Program 34 Coordinators who assist participating families receiving housing assistance through the Housing 35 Choice Voucher (HCV/PBV), Public Housing (PH), and Project Based Rental Assistance 36 (PBRA) programs. FSS Program Coordinators develop local strategies to connect participating 37 families to public and private resources to increase their earned income and financial 38 empowerment, reduce or eliminate the need for welfare assistance, and make progress toward 39 economic independence and self-sufficiency. In the context of the Self Sufficiency account, 40 “self-sufficiency” is defined as a household’s ability to maintain financial, housing, and 41 personal/family stability. 42 43 3 The Grantee agrees to conduct all activities to be assisted with funds provided under this Grant 1 Agreement in accordance with the following requirements, as such requirements now exist or as 2 they may hereafter be amended (hereafter collectively referred to as the “Family Self-Sufficiency 3 Program Requirements”): 4 5 1. Award type: This is a cost-reimbursable, performance-based grant. 6 2. The Grantee's application including any special conditions, is incorporated into this 7 agreement. 8 3. This agreement shall be effective immediately upon electronic signature of the Grantee in 9 GrantSolutions. 10 4. Period of performance: The period of performance will be 12 months. For FY2023 grants, 11 this will be 1/1/2024 – 12/31/2024. 12 5. This Grant Agreement will be governed by the following as they may from time to time be 13 amended during the grant term: the HUD Appropriations Acts, the United States Housing 14 Act of 1937 as amended, FY2022 FSS NOFO dated 8/4/2022, updated 8/23/2022, the Code 15 of Federal Regulations (CFR) 24 CFR Part 24, 24 CFR Part 984, 24 CFR Part 877 for PBRA 16 Owners, 2 CFR Part 200 any applicable OMB Regulations or Circulars, and Handbooks and 17 Notices issued by HUD. 18 6. In executing this agreement, the Grantee agrees to abide by the provisions contained within 19 all applicable Federal statutes and regulations, Executive Orders, OMB Circulars, and any 20 assurances and certifications in the final HUD-approved application (the original approved 21 application may have required amendments by the field/applicant), as applicable and as may 22 be amended during the grant term. In particular, the Grantee agrees to comply with the 23 United States Housing Act of 1937 as amended, the FY 2022 FSS NOFO dated 8/4/2022, 24 updated 8/23/2022, 24 CFR part 984, and 2 CFR part 200. 25 26 ARTICLE II: HUD REQUIREMENTS 27 28 SUB-ARTICLE A – GRANT ADMINISTRATION, CONDITIONS REQUIRING 29 TERMINATION OF FUNDING 30 31 1. The Grantee shall participate in meeting(s) (if requested by HUD) with HUD’s local field 32 office for the purpose of establishing a common understanding and strategy with respect to 33 grant administration, timeline, deliverables, grant objectives, eligible expenses, performance 34 measures, and the scope of work necessary to achieve grant objectives. 35 2. The Grantee shall furnish all necessary personnel, materials, services, equipment, and 36 facilities and shall otherwise do all things necessary for, or incidental to, the performance of 37 the activities and tasks set forth in the approved application, and this Grant Agreement 38 (except as otherwise specified). 39 3. Pre-award costs. Per 2 CFR 200.458, Pre-award costs are those incurred prior to the 40 effective date of the Federal award directly pursuant to the negotiation and in anticipation of 41 the Federal award where such costs are necessary for efficient and timely performance of the 42 scope of work. Such costs are allowable only to the extent that they would have been 43 4 allowable if incurred after the date of the Federal award and only with the written approval 1 of the Federal awarding agency. 2 If the performance period of this grant is later than 1/1/2024, Grantees may request 3 reimbursement for eligible costs incurred between 1/1/2024 and the start of the performance 4 period of this FY2023 FSS grant where such costs were necessary for the efficient and timely 5 performance of eligible activities under a FY23 FSS grant. Grantees must contact their 6 field office within 60 calendar days of the start of the performance period to request 7 approval for pre-award reimbursement. Any reimbursements must comply with 2 CFR 8 200.458 and are at HUD’s sole discretion. 9 4. The work to be performed under this Grant Agreement is outlined in the FY2022 FSS 10 NOFO. 11 5. The grant funds shall be used only for eligible activities. Refer to the FY2022 FSS NOFO 12 for more information on eligible and ineligible uses of funds. 13 a. HCV, PH or PBRA Program Functions: Per the FY2022 FSS NOFO, the FSS 14 Coordinator may perform routine HCV, PH, and/or PBRA program functions, such as 15 annual reexaminations for FSS participants, on a limited basis and only if the use of the 16 FSS funds enhances the effectiveness of the FSS Program. This provision is to be 17 employed only to the extent that these functions do not interfere with the FSS Program 18 Coordinator's ability to fully fulfill the role of the FSS Program Coordinator as their 19 primary work. Performance of routine HCV, PH, and/or PBRA functions for non-FSS 20 families does not enhance the effectiveness of the FSS program and is therefore an 21 ineligible use of FSS funds. Additionally, per the FY2022 FSS NOFO, while FSS 22 funds may be used to perform some homeownership functions for FSS families, this 23 may not be the sole function for which funds are used. Sections IV.F.2.b and IV.F.2.c 24 of the FY2022 FSS NOFO describe the requirements that must be met for these 25 activities to be eligible. 26 i. Grantees requesting to have the FSS coordinator perform HCV/PH/PBRA 27 program functions must submit, to their local HUD Field Office, a narrative 28 justification, explaining the routine HCV, PH, and/or PBRA program 29 function(s) performed by the FSS Program Coordinator, how it will 30 enhance the effectiveness of the FSS program, and why it does not impede 31 the ability of the FSS Program Coordinator(s) to effectively perform FSS 32 functions. The Grantee must also certify that the function(s) is not 33 performed for non-FSS families. Once the Grantee has received approval 34 from its local HUD Field Office to complete these activities and has certified 35 they will not perform them for non-FSS families, they are not required to 36 submit this justification on an annual basis, i.e. Grantees only need this 37 approval one time. 38 b. Family Self-Sufficiency Guidebook and Online Training: 39 i. HUD strongly encourages Grantees’ executive directors, service coordinators, 40 and resident services leadership to review the updated Administering an 41 Effective Family Self-Sufficiency Program: A Guidebook Based on Evidence 42 and Promising Practices (published January 2023). 43 https://files.hudexchange.info/resources/documents/FSS-Program- 44 5 Guidebook.pdf This guidebook provides FSS Coordinators, PHAs, owners, 1 and HUD staff with guidance on how to develop and administer a successful 2 and effective FSS program. 3 ii. Mandatory FSS Training. HUD is in the process of updating the Online 4 Mandatory Training on the FSS program to reflect changes in the Final Rule. 5 The training will provide guidance on how to develop and administer a 6 successful FSS program. The old mandatory training can be found on HUD 7 Exchange. The updated training will be posted on the FSS Resources page as 8 well as on HUD Exchange sometime in early 2024. The Grantee is 9 *required* to have at least one person from each grantee complete the 10 updated FSS online training once it is posted. The deadline for compliance 11 will be posted at the same time as the training. If the Grantee does not 12 complete the training by the posted deadline, access to funds will be 13 suspended until the grantee is in compliance. HUD encourages every FSS 14 Coordinator and supervisor/administrator to take the training. 15 c. Unexpended Funds. FSS grant funds that remain unexpended by the end of the 16 grant period (e.g., due to FSS coordinator turnover or prolonged absence) will be 17 recaptured and used to make future grants. 18 6. Grantees must adhere to the Program Administration provisions on p. 30-31of the FY2022 19 NOFO. 20 a. The only allowable use of grant funds is salary and fringe benefits for FSS 21 Coordinators – up to 40 hours per week per position. The position may be split 22 among more than one person. 23 b. Grantees are not required to obtain approval for training/travel activities that are part 24 of training stipends under fringe benefits. 25 c. Administrative costs and indirect cost rates are not applicable to this grant. 26 d. Grantees may sub-contract the work of the FSS Program Coordinator. 27 Grantees must have an FSS Action Plan approved by their local field office before enrolling any 28 FSS participants. All existing FSS programs were required to have an FSS Action Plan updated 29 to reflect the Final Rule approved by HUD by no later than November 16, 2022. 30 7. New grantees will be required to have an FSS Action Plan approved by their local field office 31 by March 31 of their first year of funding. If an updated FSS Action Plan has been approved 32 prior to this grant, a new Plan is NOT required, but may be submitted. 33 a. New Grantees are automatically eligible for a second year of funding (FY24). 34 b. Grantees must enroll at least 25 participants in their FSS program prior to 12/31/24 in 35 order to be considered eligible for renewal funding with the FY25 Renewal funding 36 (unless waived by that funding vehicle.) 37 8. Grantees must request prior approvals from HUD consistent with 2 CFR 200.308. In 38 addition, should any of the following conditions arise, Grantees are required to submit in 39 writing any changes to the previously approved grant to the local HUD field office: 40 a. Any change in the scope, objective, or conditions of the program. 41 b. Changes in any subcontracting, or otherwise obtaining the services of a third party 42 to perform activities that are central to the purposes. 43 c. Other changes that may adversely affect the program. 44 6 9. Grantees needing to extend the term of their grant in order to fully accomplish their goals 1 should first speak with their Field Office Grant Administrator for HCV/PH programs or their 2 Grant Specialist for PBRA. Generally, extensions will not be granted unless the Grantee 3 does not receive FSS funding or receives less than needed in the following year. If a Grantee 4 wishes to request an extension, a written justification explaining why the extension is needed 5 must be submitted to the field office for review and approval. The justification must include 6 a narrative justification explaining why the extension is needed, how much additional time 7 will be required, and the circumstances that require the proposed extension. The local HUD 8 field office may request additional information or documentation to clarify or verify the 9 items included in the written narrative submitted by the Grantee to support the extension. 10 The Grantee must also have satisfied all conditions of the Grant Agreement except those that 11 would be fulfilled in the remaining period of the grant. This includes the performance and 12 resolution of audit findings in a timely manner. 13 14 Grantees should be aware that any extensions are discouraged and may result in a 15 negative impact on the Past Performance review in future grant applications. 16 17 10. Any changes requested by the Grantee must be in writing (emails are acceptable). HUD will 18 approve/reject requested changes as appropriate. Generally, HUD will approve such requests 19 within 30 calendar days of submission. Approved changes will be reflected by an 20 amendment to the Notice of Award and any other documentation as directed by HUD. 21 Amendments will become effective when the Grantee has electronically signed the amending 22 documents. 23 24 SUB-ARTICLE B: FINANCIAL RESPONSIBILITIES 25 26 1. Prior to initial drawdown of funds, all Grantees must have secured online access to the 27 Internet as a means to communicate with HUD on grant matters. Applicants shall draw down 28 funds using the electronic Line of Credit Control System (e-LOCCS) 29 2. The Grantee agrees to comply with the organizational audit requirements of OMB at 2 CFR 30 Part 200 including audit requirements. The final audit report must cover the entire period of 31 the grant. The Grantee must submit the audit to HUD no later than 120 calendar days after 32 the grant is closed, covering the entire award period originally approved or amended. All 33 other requirements of 2 CFR Part 200 shall apply. For Grantees where an audit is required, a 34 single audit or a program-specific audit is acceptable. If a Grantee chooses a single audit, the 35 final audit report that includes this grant is due no later than 30 calendar days after the 36 single audit is completed. According to 2 CFR 200.501, Grantees that expend less than 37 $750,000 in federal awards are exempt from the audit requirement, but records must be 38 available for review or audit. 39 3. The Grantee shall minimize the time elapsing between the transfer of funds from HUD and 40 the disbursement of funds. The HUD funds are to be made available based on actual need. 41 The Grantee must make a drawdown only for incurred costs. Drawdowns in excess of need 42 may result in special procedures for payments, or termination of the grant when there are 43 7 persistent violations. Funds requisitioned through e-LOCCS must be disbursed within three 1 calendar days after receipt of funds drawdown. 2 3 SUB-ARTICLE C: METHOD OF PAYMENT [FUNDS DRAWDOWN] 4 5 1. The Grantee may not draw down grant funds until all pre-conditions listed in the Notice of 6 Award, this Grant Agreement, the NOFO or in the award letter, are completed by the Grantee 7 and verified by HUD. 8 2. Payments of grant funds shall be through electronic funds transfer using e-LOCCS (Line of 9 Credit Control System). Initial drawdown cannot be earlier than the start date of the grant 10 term. The basic procedure to establish access to e-LOCCS is as follows: 11 a. To establish access to e-LOCCS, the Grantee must adhere to LOCCS Guidelines and 12 the requirements below; and complete and submit the following forms: 13 i. HUD-27054-e Line of Credit Access Authorization Form (for e-LOCCS). 14 ii. SF-1199A Direct Deposit Sign-Up Form with sample voided check. NOTE: 15 The depositor account on the SF-1199A may be the same receiving account as 16 other HUD programs. 17 iii. These forms should be sent to the Grantee’s local HUD field office for 18 processing. Field office will provide the grant number. The program area 19 ID for PHA grantees is ROSS. For Multifamily grantees, is SSMF. 20 b. To gain access to HUD Secure Systems in order to use e-LOCCS, the Grantee must 21 follow the instructions as outlined in the e-LOCCS Registration Guide: 22 c. The approving official who completes block 6 of HUD form 27054-e is required to 23 register as the coordinator in Secure Systems and the user who completes blocks 1-5 24 of HUD form 27054-e is required to register as the user in Secure Systems. 25 3. After HUD processes the above documents, the Grantee will receive the following: 26 a. The coordinator will receive the user identification number for the individual 27 who will be authorized to draw down the funds from e-LOCCS. 28 b. The Approving Official (who could also be the coordinator) will receive a 29 recertification email every six months to provide continual approval for the individual 30 who will complete the drawdowns. This email is scheduled based on the geographical 31 location of the Grantee and will contain recertification instructions. 32 c. Grantees are required to maintain the integrity and Security of e-LOCCS. Under no 33 circumstances may Grantees share User-IDs. If HUD finds out that Grantees are 34 sharing User-IDs, then HUD will terminate the Grantee’s access to e-LOCCS and 35 not reinstate it. 36 3. Once the Grantee’s staff person who is responsible for completing drawdowns and their 37 approving official has made role assignments in e-LOCCS, the Grantee is technically 38 equipped to request drawdowns. Please review the e-LOCCS Getting Started Guide. 39 4. If at any time, the user (person who completes blocks 1-5 of HUD form 27054-e) 40 vacates their position within the organization, the Approving Official must complete 41 HUD form 27054-e to terminate the user’s access and forward that form to their local 42 HUD field office. The form should not contain the Social Security number of the 43 8 employee who has left the organization as that is a security violation since the user is no 1 longer available to sign the e-LOCCS form. The Grantee must designate a new user, by 2 completing another HUD form 27054-e. Similarly, if the Approving Official (person 3 who completed block 6 of HUD form 27054-e) leaves or changes their position, the new 4 Approving Official must execute the Change of Approving Official Letter. 5 5. If you are suspended from e-LOCCS due to 90 days of inactivity, the next time you access 6 e-LOCCS: 7 • You will be prompted to answer 1 of your 3 personal security questions 8 previously entered in e-LOCCS. 9 • If you are unable to answer any of the 3 questions, you will be instructed to call OCFO 10 Security and provide your previously entered personal 5-digit e-LOCCS PIN. 11 • If you are unable to correctly provide your 5-digit PIN; 12 o Regular users will have their e-LOCCS access terminated and must 13 submit another 27054E e-LOCCS security form to be reinstated. 14 o Approving Officials will be required to fax a form letter to OCFO 15 Security requesting reinstatement. 16 7. E-LOCCS Program Edits. 17 a. E-LOCCS will automatically perform a series of review edits (both generic and 18 program specific) of each payment request. Failure of one of the program edits 19 will cause the payment request to be referred to the HUD field office for review. 20 b. The HUD field office will complete the review. The request will remain in the 21 system and further drawdowns will not be allowed until that review is complete 22 and the drawdowns approved or rejected. 23 c. Some HUD field offices may place all Grantees on manual review (in 24 accordance with sub-article H). This means that all requests for reimbursement 25 will be reviewed by e-LOCCS (see sub-paragraph a above) as well as the HUD 26 field office staff with oversight responsibility prior to approving a drawdown 27 request. 28 d. The Grantee shall immediately contact the HUD field office when there is a 29 question regarding the request or when the request has been referred to the HUD 30 program office for review. A request will be referred to the program office for 31 review when: 32 i. There are requests for over 10% of total grant funds per calendar month. 33 ii. The Grantee attempts to draw over 100% of the grant 34 iii. Failure to submit an annual HUD form SF-425 - Financial Status Report, 35 or any other relevant documents as defined by this agreement and 2 CFR 36 part 200. E-LOCCS shall not accept a request for funds if required reports 37 from the Grantee are ten or more days overdue and will not accept future 38 requests until the HUD field office confirms receipt and approval of the 39 reports. 40 e. If the Grantee repeatedly fails to submit required forms, e-LOCCS will be 41 converted to a system in which the HUD Field Office will manually review each 42 drawdown request prior to releasing funds to the Grantee. 43 9 1 SUB-ARTICLE D: AUTHORIZED FUNDS BY BUDGET LINE ITEM NUMBER 2 3 1. Please see Article II, Sub-Article A, Numbers 4 and 5 above. 4 2. The Grantee’s budget consists of one Budget Line Item: 5 a. 1168 – FSS Coordinator (salary & fringe) 6 Note: ALL costs are recorded on this one BLI – salary and fringe, including any use of a 7 training stipend. 8 9 SUB-ARTICLE E: REPORTING REQUIREMENTS (§ 984.401) 10 11 • Grantees must submit a SF-425 to your local HUD field office (or Grant Specialist for PBRA 12 properties) no later than 120 calendar days after the end of the performance period. The 13 reporting period will cover the performance period of the grant (see Article I, Number 4 14 above). 15 • PHA Grantees must also ensure that reporting on Section 17 of the HUD-50058 (Section 23 16 of HUD-50058-MTW for Moving to Work PHAs and Section 23 of HUD-50058-MTW- 17 Expansion once that form is implemented) is correct and up to date within the PIC system. 18 • PBRA grantees must report annually as required using the Multifamily FSS Reporting Tool 19 and must respond to the standard annual report. 20 • If the total Federal share of your award includes more than $500,000 over the period of 21 performance, you may be subject to post award reporting requirements reflected in Appendix 22 XII to Part 200-Award Term and Condition for Recipient Integrity and Performance Matters. 23 24 1. Progress Determination. HUD shall determine the Grantee’s progress based upon a review 25 of HUD-50058 Section 17 (and HUD-50058-MTW and HUD-50058-MTW-Expansion 26 Section 23) data submitted to PIC (for PH and HCV programs) and Multifamily FSS annual 27 reporting (for PBRA programs) as well as compliance with financial and reporting 28 requirements. 29 2. Annual Report. All Grantees will be required to submit an annual report containing non- 30 participant-specific questions, as approved in the FSS Information Collection PRA. A 31 sample is available. The request will be sent electronically. 32 3. Record Management. The HUD field office shall maintain official records on Grantees’ 33 performance measures and progress reports. However, Grantees must also maintain such 34 records, including the SF-425, HUD review, and/or evaluations. 35 4. Documentation. You shall maintain documentation in participant files (paper or electronic) 36 that corroborate the achievement of each interim and final goal in the Contract of 37 Participation such that an outside auditor could verify the fulfillment of the Contract of 38 Participation. This could include certificates of completion, test scores, pay stubs, receipts, 39 or other third-party verification as available or personal certifications if third-party 40 verification is not available. 41 5. Additional Information Requests. You shall comply with all other reporting requirements 42 from time to time established by HUD, in its sole discretion, in connection with FSS. HUD 43 10 has the authority and total discretion to request the Grantee to report information or produce 1 documents to HUD related to or involving the administration of the grant at any time and 2 without need to establish cause. Failure to comply with such a request may serve as a basis 3 for default and grant termination. You also agree you will: 4 a. fully cooperate with all information gathering requests made by HUD or contractors 5 of HUD in the course of authorized evaluations of FSS; and 6 b. if requested, submit any post-closeout reports, in the forms prescribed by HUD, for 7 up to three years from the date of the submission of the annual financial report, per 2 8 CFR 200.333 “Retention requirements for records.” 9 6. HUD has the authority and total discretion to request the Grantee to report information or 10 produce documents to HUD related to or involving the administration of the grant at any time 11 and without need to establish cause. Failure to comply with such a request may serve as a 12 basis for default and grant termination. 13 14 SUB-ARTICLE F: ADMINISTRATIVE REQUIREMENTS 15 16 1. Grantees must comply with all HUD program rules and regulations, as they may be amended 17 within the grant term. 18 2. Grantees shall maintain, and have access to, copies of documents relating to the award and 19 administration of this grant for at least three years after final closeout date of the grant for 20 inspection by HUD, the Government Accountability Office, or their duly authorized 21 representatives. 22 3. Grantees’ accounting systems must ensure that HUD funds are not co-mingled with funds 23 from other Federal, State, or local government agencies or other HUD program funds. Funds 24 specifically budgeted and/or received for one program may not be used to support or 25 reimburse another. Where your accounting system cannot comply with this requirement, you 26 must establish a system to provide adequate fund accountability for each program for which 27 you have been awarded funds. Your selection of depository facility (such as a bank for 28 example) shall be compliant with Federal regulations and have insurance from the Federal 29 Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to insure 30 the established account. 31 4. Grantees agree to comply with the following requirements for which HUD has enforcement 32 responsibility 2 CFR part 200, including procurement requirements and cost principles set 33 forth in 2 CFR part 200, subpart E. 34 5. Equal Opportunity Requirements. Grant funds must be used in accordance with the 35 following: 36 a. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) 37 (Nondiscrimination in Federally Assisted Programs) and implementing 38 regulations issued at 24 CFR Part 1. 39 b. The Fair Housing and Civil Rights Laws, which encompass the Fair Housing Act and 40 related authorities (cf. 24 CFR 5.105(a)). 41 c. The prohibitions against discrimination on the basis of age under the Age 42 Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 43 24 CFR Part 146, and the prohibitions against discrimination against handicapped 44 11 individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) 1 and implementing regulations at 24 CFR Part 8. 2 d. The requirements of Executive Order 11246 (Equal Employment Opportunity) 3 and the implementing regulations issued at 41 CFR Chapter 60. 4 6. The regulations in 24 CFR 87, related to lobbying, including the requirement that the Grantee 5 obtain certifications and disclosures from all covered persons. 6 7. Drug-free Workplace Requirements (Grants) in 2 CFR 2424. 7 8. Restrictions on participation by ineligible, debarred or suspended persons or entities at 2 CFR 8 Part 2424, Subparts A through J, which are applicable to contractors and sub-grantees. 9 10 Other applicable regulations. 11 12 9. Grantees’ computer systems must operate in accordance with HUD’s computer systems and 13 software to facilitate any and all electronic documents for conversion to HUD computer 14 systems and software. That is, when sending/transferring documents, or e-mail to HUD, the 15 systems must be compatible so that we receive an exact copy. 16 10. Grantees’ computer and information systems must be able to access HUD’s website(s) so 17 that data can be inputted as may be required by the grant; information can be retrieved; and 18 funding through HUD’s e-LOCCS system may be accessed. 19 20 SUB-ARTICLE G: GRANT CLOSEOUT 21 22 1. 2 CFR 200.343 Closeout prescribes uniform closeout procedures for recipients of Federal 23 grants. It is the Grantee’s responsibility to comply in full with all closeout reporting 24 requirements and to submit closeout reports in a timely manner. 25 2. The Grantee should initiate project closeout within 30 calendar days of the grant’s 26 termination date. 27 3. The Grantee recognizes that the closeout process may entail review by HUD to determine 28 compliance with the Grant Agreement. The Grantee shall cooperate with any and all reviews 29 which may include making available records requested for on-site HUD inspection. 30 4. Within 120 calendar days after the Period of Performance End Date the grant or any 31 approved extension (revised end-date), you must submit the following documents to the 32 HUD field office: 33 a. A Certification of Project Completion, which is a statement written and signed by you 34 b. A Certification of Compliance with all requirements of the Grant Agreement, which 35 is a statement written and signed by you 36 c. Financial Report (SF-425) (see Sub-Article E). Grantees must submit an SF-425 37 for the 12-month period of the grant. This submission also serves as the Grantee’s 38 final report which is a cumulative summary of expenditures to date and must indicate 39 the exact balance of unexpended funds. (The report shall cover the grant start date to 40 the end of grant period of performance). 41 5. The HUD local field office will review Preliminary Close-Out Materials to confirm that: 42 a. The amounts on the final FSS Budget and SF-425 agree as to funds approved, 43 obligated, and expended. 44 12 b. The amount of funds approved and disbursed on the SF-425 agrees with HUD records 1 in e-LOCCS. 2 c. If HUD disbursed more funds than the Grantee expended, the Grantee will 3 immediately remit to HUD the excess funds, without waiting for completion of the 4 final audit. 5 6. When the final HUD form SF-425 is approved, the HUD field office will establish the 6 amount due to HUD or recapture any unused grant funds as applicable. 7 7. When the HUD field office has determined to its satisfaction that the grant activities were 8 completed and all Federal requirements were satisfied, the HUD field office will execute a 9 closeout amendment to the Grant Agreement with the Grantee. 10 8. The Closeout Agreement or clause will include the Grantee’s agreement to abide by any 11 continuing Federal requirements. 12 9. Failure to submit the required financial report or any required audit report; or to resolve 13 program, financial or audit issues, may result in a suspension or termination of any and/or all 14 HUD grant payments. 15 a. If the Grantee does not submit all reports within one year of the period of 16 performance end date, HUD must report the Grantee’s material failure to comply with 17 the terms and conditions of the award with the OMB-designated integrity and 18 performance system (currently FAPIIS). HUD may also pursue other enforcement 19 actions per § 200.339. 20 21 SUB-ARTICLE H: DEFAULT 22 23 Unsatisfactory Performance/Default 24 25 1. Default. A default under this Agreement shall consist of any failure to comply with Federal 26 statutes, regulations, or the terms and conditions of the FSS grant or any material 27 misrepresentation in the application submissions. If HUD determines that the Grantee has 28 defaulted under this Agreement, HUD may take any remedial action legally available, 29 including remedial actions outlined in 2 CFR part 200. Actions that may constitute a default 30 under this Agreement include, but are not limited to: 31 a. use of funds provided under this Grant Agreement for any purpose, in any manner or at 32 any time, other than as authorized by this Grant Agreement; 33 b. failure to comply with the FSS Program Requirements or any other Federal, State, or 34 local laws, regulations, or requirements applicable in operating the FSS Program; 35 c. failure to make any submission under Article II, perform any obligation, or otherwise 36 fail to proceed in a manner consistent with the NOFO application; 37 d. any material misrepresentation in any of the required submissions, including, without 38 limit, any misrepresentations in any of the submissions required by Article II); or 39 e. failure to comply with, or any material breach of, any other requirements, conditions, 40 or terms of this Grant Agreement. 41 2. Additional Conditions. If a Grantee defaults under this Agreement, HUD may impose 42 additional conditions, as described in 2 CFR 200.208. Additional conditions will be 43 13 imposed in compliance with 2 CFR 200.208(c). Additional conditions HUD may impose 1 may include, but are not limited to: 2 a. Requiring additional, more detailed financial reports; 3 b. Requiring additional grant monitoring; 4 c. Requiring the Grantee to obtain technical or management assistance; 5 d. Establishing additional prior approvals; 6 e. Requiring the Grantee to follow a HUD-approved detailed schedule of grant 7 activities; 8 f. Requiring HUD manual review and approval of every drawdown request. 9 3. Other Remedies. If HUD determines that a default cannot be remedied by imposing 10 additional conditions, HUD may, pursuant to 2 CFR 200.339, take one or more of the 11 following actions, as a proportional response: 12 g. Temporarily withhold cash payments pending correction of the deficiency by the 13 Grantee or more severe enforcement action by HUD. 14 h. Disallow all or part of the cost of the activity or action not in compliance. 15 i. Wholly or partly suspend or terminate the grant. 16 j. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 17 and HUD regulations. 18 k. Withhold further grant awards for the program. 19 l. Reduce the FSS Program Grant in the amount affected by the default. 20 m. Recapture any FSS Program Grant funds not obligated by the Grantee. 21 n. Take action against the Grantee under 2 CFR part 2424 and Executive Order 12549 22 with respect to future HUD or Federal grant awards. 23 o. Take other remedies that may be legally available, including requiring 24 reimbursement by the Grantee for grant amounts used improperly. 25 4. Notice of Termination and Opportunity to Object. If the Grantee materially defaults 26 under this Agreement, HUD may terminate the grant. Any findings regarding a Grantee’s 27 failure to abide by the terms of this grant that would support a termination of funding shall 28 be exclusively within HUD’s discretion. Additionally, pursuant to 2 CFR 200.340(a)(2), 29 this grant may be terminated in whole or in part by HUD, to the greatest extent authorized 30 by law, if an award no longer effectuates the program goals or agency priorities. If HUD 31 pursues termination of the grant, HUD will follow the termination process established in 2 32 CFR part 200, including providing notice of termination pursuant to 2 CFR 200.341. 33 Pursuant to 2 CFR 200.342, HUD will also provide the Grantee an opportunity to object 34 and provide information and documentation challenging a termination. 35 5. Delinquent Federal Debts. Consistent with the purposes and intent of 31 U.S.C. 3720B 36 and 28 U.S.C. 3201(e), Grantees with an outstanding federal debt must provide to HUD a 37 negotiated repayment schedule which is not delinquent or have made other arrangements 38 satisfactory to HUD. If arrangements satisfactory to HUD cannot be completed within 90 39 days of notification of selection, HUD will not make an award of funds to the Grantee but 40 offer the award to the next eligible Grantee. Applicants selected for funding, or awarded 41 funds, must report to HUD changes in status of current agreements covering federal debt. If 42 a previously agreed-upon payment schedule has not been adhered to or a new agreement 43 14 with the federal agency to which the debt is owed has not been signed, the Grantee will be 1 considered to be in default under this Agreement. 2 3 SUB-ARTICLE I: GRANT MODIFICATION OR TERMINATION 4 BY AGREEMENT BETWEEN HUD AND GRANTEE 5 6 1. HUD and the Grantee may mutually agree to modify this agreement as to time, cost, or 7 activity by using the Notice of Award and/or Grant Agreement in whole or in part, at any 8 time. 9 2. Pursuant to 2 CFR 200.340(a)(3), HUD and the Grantee may mutually agree to terminate the 10 agreement, including for convenience; if HUD and the Grantee agree to terminate the 11 Agreement, the two parties must agree upon the termination conditions, including the 12 effective date and, in the case of partial termination, the portion to be terminated. Pursuant to 13 2 CFR 200.340(a)(4), the Grantee may terminate the Agreement upon sending to HUD 14 written notification setting forth the reasons for such termination, the effective date, and, in 15 the case of partial termination, the portion to be terminated. If either HUD or the Grantee 16 seeks to terminate this agreement, it must provide at least 30 days’ advance written notice to 17 the other party. 18 19 SUB-ARTICLE J: DISPUTES 20 21 Disputes between the Grantee and HUD shall, to the maximum extent possible, be 22 resolved by mutual agreement between the Grantee and the Public Housing Director in the Field 23 Office for PH and HCV programs, or the Asset Management Division Director for PBRA 24 programs (Grant Officer). If agreement cannot be reached, the Grantee can submit, in writing, a 25 disputed issue to the Grant Officer. The Grant Officer will consider the disputed issue and 26 prepare a written decision. The Grantee may appeal the Grant Officer’s decision within 30 days 27 after receipt of notification. Appeals will be reviewed by the Director of Community and 28 Supportive Services, Office of Public Housing Investments, 451 7th Street, SW, Room 4130, 29 Washington, D.C. 20410. The decision of the Director of Community and Supportive Services 30 shall be final. However, the Grantee does not waive any legal remedy by agreeing to this 31 provision. 32 33 SUBARTICLE K: MONEY DAMAGES 34 35 This Grant Agreement does not contemplate money damages for breach of the agreement 36 by HUD. The Grantee is entitled to any relief against HUD for breach of the agreement that is 37 provided by the Administrative Procedure Act. 38 39 40 ARTICLE III: GRANTEE PERFORMANCE 41 42 15 HUD will judge performance based upon whether the Grantee achieves the agreed upon 1 activities within grant time limits and within budget and whether the Grantee has produced 2 tangible results through the implementation of grant activities. 3 4 Program Coordinator. See the FY2022 FSS NOFO for a sample position description of an 5 FSS Program Coordinator. 6 7 Public Housing Information Center (PIC) or Housing Information Portal (HIP). 8 • All PHA FSS programs must report activities of their FSS enrollment, progress, and exit 9 activities of their FSS program participants through required submissions of the form 10 HUD-50058 at least annually. HUD’s assessment of the accomplishments of the FSS 11 programs of PHAs funded under this NOFO will be based primarily on PIC/HIP system 12 data obtained from forms HUD-50058, HUD-50058-MTW, and HUD-50058-MTW- 13 Expansion. 14 • All PBRA programs must report at least annually via the Multifamily FSS Reporting 15 Tool. 16 • HUD requires submission of racial and ethnic data and form (HUD-27061-H) that is 17 often used for that purpose. PBRA properties with FSS programs must submit form 18 HUD-27061-H to their Grant Specialist. For PH and HCV programs, the HUD-50058, 19 HUD-50058-MTW, and HUD-50058-MTW-Expansion forms, which provide racial and 20 ethnic data to HUD’s PIC/HIP data system, are comparable program forms that must be 21 submitted annually instead of the HUD-27061-H by PHAs for reporting racial and ethnic 22 data for FSS program participants. See Notice PIH 2016-08, and any subsequent 23 amendments to the notice, for information on FSS reporting requirements in PIC. A 24 series of webcast trainings on the provisions of PIH 2016-08 was published on August 25 12, 2016. Also note that HUD updated the warnings and fatal edits related to FSS PIC 26 reporting. All of the preceding documents and information can be found on the FSS 27 Resources webpage 28 29 Voucher Management System (VMS). PHAs must continue to report HCV FSS coordinator 30 expenses into VMS for any HCV FSS funds made available under the FY 2013 (or earlier) HCV 31 FSS NOFO. However, due to the combined funding streams starting with the FY 2014 FSS 32 NOFO, PHAs will no longer use VMS to report HCV FSS coordinator expenses for funds made 33 available under this NOFO. Note that PHAs must continue to enter the amount of HCV FSS 34 escrow deposits and HCV FSS escrow forfeitures into VMS for all funds made available. Also 35 note that amounts expended in excess of the FSS grant for costs associated with the 36 administration of the FSS program which are allocated to the HCV program including the FSS 37 coordinator's salary and benefits as well as additional eligible costs such as office space, 38 computer costs, office supplies, etc. must be reported in VMS as administrative expenses. PHAs 39 with an FSS program serving both PH and HCV families with costs not chargeable to funds 40 awarded under this NOFO will be required to develop a cost allocation method that allocates 41 these expenses fairly between the two programs. See REAC Accounting Brief #26 and PIH 42 16 Notice 2022-20 and any subsequent revisions for more information on how to record and account 1 for FSS expenses. 2 3 ARTICLE IV: GRANTEE MISREPRESENTATION 4 5 The Grantee or any subcontractor to the Grantee bound by this instrument who makes or 6 causes to be made a false statement, claim, or misrepresentation, which the Grantee or entity 7 knows or has reason to know is false, may be imprisoned and/or fined in accordance with civil or 8 criminal penalties and/or fines applicable under law, including Title 18 of the United States Code 9 (U.S.C.), Title 31, et seq. (Program Fraud Civil Remedies Act) and any other applicable 10 provisions of Federal, State or local law. 11