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HomeMy WebLinkAbout29707Terms and Conditions for FY 2017 Grants and Cooperative Agreements a.Final Narrative Report b.Pinal breakdown and j usti ficatio11 of budget cat�gories including direct c osts,administrative costs, match/cost share and indirect cost rate, if applicable;o.Pait 3 from the Healthy Homes Or-ants Management System (HHOMS) on-linequarterly reporting system; d.Pinal Federal Financial Report (SP..-425)e.Final invoice for incurred expenses (Al I budget expenses reported in the SP-425. LOCCS and placed 1-IHOMS must match before the grant can be closed Ollt); andt: Final reporting into the Healthy Homes Grants Management System on-line quarterly reporting system (only if additional housing units were completed and cleared during the close out period). The Grantee shall submit a tlnal Section 3 Repor1 (HUD 60002) to its local HUD Field Office at: hnps://pottal.hud .cov/hudportal/H U b?src-/progrnm offices/fair hous ine. equal om;i/section3/section3jsbears HUD will notily the Grantee in writing when the Grant/Cooperative Agreement is closed, The Grantee has three areas of continuing responsibility after closeout of award: a.Records and materials must be kept in a sale place and be accessible to HUD, auditors and other government officials for a period of at least 3 years from the end of tbe award' s period of performance. This t'eqLtirement also extends lo all sub-grants/sub-wards and subcontracts the Grnntee has executed for over $10,000. b.Accountability for property continues as long as the Grantee holds the prope1ty, or for the period of time established by the award document. Disposal of property must be in accordance with 2CFR §200.310-§200.316. See Article 37, Progrnm income, regarding use of those funds. c.'Notification to the GTR and Grant Officer if at any time during the three-year period after the period of petformance, the Grantee organi2::ation is discontinued or changes location. TheOTR and Grant Officer shall be notified immediately of the new address or the address of the party retaining all records. 11.Conduct of Work During the effective period of this grant, the Government Technical Repre,sentative shall be responsible for monitoring the technical effort of the Grantee. The Grantee .!l!.!!fil allow and f11lly coopera,to witJ1 both remote monitoring requests and on-site monitoring visits. Failure to comply with a request associated with remote monitoring within a reasonable timeframe (As set by the OTR or Grant Ofllce.r) may result in ''High Risk" designation, suspension, or termination of grant. See Article 46, Su�pension and Termination (For Cause). The Grantee or Subgrantee shall not engage in any unethical activities during the grant/cooperative agreement performance period. If HUD makes a determination that the; Grantee or StJbgrantee has engaged in unethical activities, the Grantee or Subgrantee will be subject to "High Risk" designation or suspension until such time as the activities have ceased and assurance acceptable to HUD is given that no ti.nther actlvities will occur; in addition, HUD may take enforcement action under 2 CFR §200.338. 14 2 Failure to obtain an approved classification detennination (subrecipient or contractor) for each entity from the OLHCHH may result in loss of funding for the unapproved entity or temunation of the grant award or cooperative agreement in accordance with the Tenns and Conditions, Article 46, Suspension and Termination (For Cause). All subrecipients or contractors shall be registered in the System for Award Management (SAM) website: w �\ .sam.g_oy. a U.S. Government website used by state and local governments, organizations, and industries dojng business with the U.S. Government. There is no cost to use SAM. You can use this site to: •Register to do business with the U.S. government •Update or renew your entity registration •Check the status of an entity registration •Search for entity registration and exclusion records Determining Classification -Subrecipient vs. Contractor To help Grantees comply with the subrecipient and contractor dete:rrninations under 2 CFR 200.330, Subrecipient and contractor determinations, OLHCHH has created these guidelines for determining subrecipients or contractors based partly on their "Commercial and Government Entity (CAGE) Code'' registered in SAM and on the Grantee's completed "Checklist to Detennine Subrecipicnt or Contractor Classification" (attached). Subaward (2 CFR 200.92) means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry oµt part of a Federal nward received by the pass-through entity. Jt does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any fonn oflegal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient (l CFR 200.93) means a non-Federal entity that receives a subaward from a pass­ through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. OLHCHH may recognize as subrecipients other en tities classified as "local government'' i.n accordance with 2 CFR 200.64, Local government, for example, a county; borough; municipality; city; town; township; parish; local public autl1Qrity, including any public housing agettcy under the United States Housing Act of 1937; special district; school district; intrastate district; council of governments, whether or not incorporated as a nonprofit co.rporation under state law; and any other agency or instrumentality of a multi-, regional, or intra-state or local government. OLHCHH may recognize other organizations. as a subrecipient, such as an organization that provides public services such as hospitals; no fee/profit organizations such as cocrunutlity based, faith based, and nonprofit foundations or institutions of higher education. Table 1. Cost Categories for Lead-Based Paint Hazard Control (LBPHC) Grants and Lead Hazard Reduction Demonstration (LHRD) Grants Uirrd Co�h Dll"cCl co,h .ire: thos-· ,o,h 1h,ll c-111 h� 1d,·111Jlil.'d ,p,·ul1,·.ill! 1111'1 a p.1111.:ul,1r �1.111l, or tnal can he: Jrr,Lll) a,,1;_!11,J 1,1 tlw :cr,1111 ri:l.111\�ly ,,.1,tl� 1111h :1 hri.'.h dt'=t<:t! nf accur.icv. Indirect Costs (Maximum set by negotiated indirect cost rate) Program Costs (90% Minimum) Program costs are costs that directly support the grant program;s mission of identifying and controlling lead­ based paint hazards. There are hvo types of program costs: Lead hazard control (LHC) program costs and other program costs. Administrative Costs (10% Maximum) Administrative costs are costs that do not directly support the grant program's mission and services. There are two categories of administrative costs: (1} direct administrative costs and (2) indirect costs. Note that the 10% ma:,;imum includes all i.,ulirect cost,t and all direct administrative costs. -------------1 ::.-----------/ Lr:1ll 11:mll'd Control (LIIC} Pru1-:r:1111 Co�I� Uil'I 1(-ftS"u �l1111n111m I IIR[) !HJ� .• �lin11m1m Le.ad hazard control program costs arc costs specifically related to the performance oflead hazard control activities. See Attachment I for a list of allmvab/c lead hazard control acti11itfes. Other Pro ram Costs Other program costs are costs that directly support lhe grant program's mission of identifying and controlling lead-based paint hazards, but that arc not specifically related to the performance of lead hazard control activities. See Atlacl1111enl I Jar /isl of allowable other program activities. Direct .-\dministrath c Costs Direct administraliv.e costs arc costs incurred for the general managem ent, oversight, and coordim1tion oflhe grant (i.e., program adminislration). See A11ad1ment 2/or list of allowable direct "dministrative costs. 4 l.ndirect Costs Indirect costs represent the expenses of doing business that cannot be specifically identified with a particular grant, contract, project function or activity, but are necessary for the general operation of the organization and U1e conduct of activitics it performs. These types of costs are often referred to as ''overhead" costs. See Attachment 3 for a description of indirect costs. Attachment 2. Program Costs for Lead-Based Paint Hazard Control (LBPHC) Grants and Lead Hazard Reduction Grants (LHRD) There arc two types of program costs: Lead hazard control (LHC) program costs and other program costs. (1)Lead Hazard Control (LHC) Program C::osts Allowable lead hazard control (LHC) program costs are defined as costs specifically related to lhe performance ofLHC activities, as defined below. When preparing the budget, you must document how at least 65 percent of the requested grant amount for the Lead­ Based Paint Hazard Control (LBPHC) grant program, or al least 80 percent of the requested grant amount for the Lead Hazard Reduction Demonstration (LHRD) grant program is dedicated specifically for lead hazard control activities. Lead hazard control activities are defined as: a.lnspectionstresting. Perfonning lead dust, soil and paint-chip testing, lead-based paint inspections, risk assessments, clearance examination, and engineering and architectural activities that arc required for, and in direct support of, interim control and lead hazard control work, of eligible housing units constructed prior to 1978 to detennine the presence of lead-based paint and/or lead hazards from paint, dust, or soil through the use of acceptable testing procedures. b.Hazard Control. The control or elimination of all lead-based paint hazards identified in housing units and in common areas of multi-family housing by either or a combination of interim controls or lead-based paint abatement. For a complete description of interim controls and abatement, see HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, located at htt p://portal .hud .gov/b udport al/HUD?src=/pro l?.ram offices /healthy homes/lbp/hudg uidelines. c.Required Minimal Rehabilitation. Undertaking minimal housing intervention activities that are specifically required to carry out effective hazard control, and without which the hazard control could not be completed, maintained, and sustained. Refer to HUD Policy Guidance 2008-02 on the OLHCHH website, located at http://www .hud.gov/ofnces/lead/library /lead/PGJ-2008- 02 Doing Minimal Rehab .p<lf. d, Relocation. Carrying out temporary relocation for temporarily displaced families and individuals while the LHC work ia an affected unit is conducted and until the time the unit receives clearance for re-occupancy. When persons with disabilities are temporarily relocated, they must be placed in housing that provides, at a minimum, the same accessibility features as the housing in which they currently resides. HUD expects that most temp orary relocation for lead hazard control work would be for 10 days or less. e.Support Costs Associated with Lead Hazard Control Activities. Activities that directly support the undertaking oflead hazard control, and without such support 7 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, OC 2041()-3()00 OFFICE OF IIEALTIIY HOMES ANO LEAIJ HAZARD CONTROL POLICY GUIDANCE NUMBER: 2013-05 I DATE: September 30, 2013 SUBJECT: Use of Lead Hazard Control funds in non-target housing and other prohibited activities STATUS: Current The Office of Healthy Homes and Lead Hazard Control APPLICABILITY: (OHHLHC) Lead-based Paint Hazard Control and Lead Hazard Reduction Demonstration grantees RELATED GUIDANCES: All Notices of Funding Availability (NOF A) COMMENTS: This Policy Guidance is being issued to reiterate the restrictions imposed on grantees from conducting lead hazard control work in units that fall outside the scope of target housing or are otherwise not µJlowable costs, as defined by the Residential Lead-based Paint Hazard Reduction Act and the Notices of Funding Availability. Lead Hazard Control grant funds rnay not be used to evaluate or control lead-based paint hazards in the following circumstances: I.Lead hazard evaluation or control activities in publicly-owned housing, or project-based Section 8 housing (this housing stock is not eligible under Section 1011 (a) of the Lead­ Based Paint Hazard Reduction Act). See PGI 1998-02, Eligibility of certain publicly owned hqusingfor assistance under Lead Hazard Control grants for allowable exemptions; 2.Lead hazard evaluation or control activities in rental housing covered by a pending or final HUD, EPA, and/or Department of Justice settlement agreement, consent decree, court order or other similar action regarding violation of the Lead Disclosure Rule (24 CFR part 35, Subpart A, or the equivalent 40 CFR part 745, subpart F), or by HUD regarding the Lead Safe Housing Ru.le (24 CFR part 35, subparts B-R); 3.Activities tl1at do not comply with the Coastal Barrier Resources Act ( 16 U.S.C. § 3501); 4.Lead-hazard control or rehabilitation of a building or manufactured home that is located in an area identified by the Federal Emergency Management Agency (FEMA) under the Flood Disaster Protection Act of 1973 (42 U.S.C. §§ 4001-41 28) as having special flood hazards unless: a.The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and b.Where the community is participating in the National Flood Insurance Program, flood insurance on the property is obtained in accordance with section 102(a) of cspanoLhud.go,• U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-3000 Of'l'ICB OP LEAll H,\ZARD CONT!mL ANIJ 111•..AI.THY HUMES POLICY GUIDANCE NUMBER: 2013-04 I DATE: October I, 2013 SUBJECT: Lead Hazard Evaluation and Control of Lead Dust Hazards in Carpeting STATUS: Current Lead-based Paint Hazard Control (LHC), Lead Hazard APPLICABILITY: Reduction Dcmonstratfon (LHRD), and Healthy HomesPwduction grantees RELATED GUIDANCES: COMMENTS: This guidance is being issued to assist grantees in detennining the appropriate steps to talce when addressing lead dust hazards in carpeting and other similar surfaces, and the documentation requirements for sucl1 activities when seeking reimbursement with OHHLHC grant funds. Grantees of the Lead-based Paint H�ard Control (LHC) and Lead Hazard Reduction Demonstration (LHRD) grant programs are required to address all lead-based paint hazards identified by lead inspection and risk assessment. In some instances, such as carpeting,steps that may be taken to control lead dust hazards are wide-ranging in tenns of expense and scope. Healthy Homes Production grantees are encouraged to address the most severe andimmediate hazards identified, which is often lead-based paint hazards. The identification of lead-based paint hazards (including lead dust hazards) is only possible following a complete lead inspection and risk assessment (LI-RA). The Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housil1g outline the process for collecting dust and soil samples, and are required as part of every LI-RA completed forOHHLHC grants. Costs for treatment options vary considerably from one locale to the nex1 and are subject to rtlarket condHions, making it difficult to provide estimates. However, the risk assessor should, at a min.imum, indicate the order in which acceptable hazatd control options for a given hazardfall in terms ofrelative initi al cost. In addition to cost, the risk assessor should identify the feasibility of particular treatments, taking into account whether they are unlikely to be effective or are suitable to eliminate the hazards. In all circumstances, the responsibility rests \\1itb the grant program when determining the appropriilte treatment plan. However, because federal funds are being used, you must clearly document the rationale behind your decisions and supporting scope of work that is procured for each unit. In order to document that carpet removal is required to remediate lead dust hazards, the following procedure must be followed and contained in the file for that unit: •Grant funds may not be used to replace worn carpeting for that reason alone. www.hutl.go� HUD LEAD GRANT ACCOUNTING INFORMATION Revenue (Received from Grantor/to be paid from): Org 5620-4707 Fund 0001 Subclass 10000 Account 4380