Award of Calendar Year 2022 Family Self Sufficiency Coordinator GranCity of Dubuque
City Council Meeting
Consent Items # 21.
Copyrighted
January 18, 2022
ITEM TITLE: Award of Calendar Year 2022 Family Self Sufficiency Coordinator Grant
SUMMARY: City Manager recommending approval of the acceptance of the Family
Self -Sufficiency Program Coordinators grant in the amount of $133,507
for HUD's Fiscal Year 2021.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
RESOLUTION Authorizing the Director of Housing and Community
Development to execute the Acceptance of the Notice of Award for the
HUD Family Self -Sufficiency Program Grant
Suggested Disposition: Receive and File; Adopt Resolution(s)
Family Self Sufficiency Grant Award-MVM Memo
Memo
Resolution
FFY2021 FSS Grant Agreement
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Award of CY2022 Family Self Sufficiency Coordinator Grant
DATE: January 12, 2022
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
Housing and Community Development Director Alexis Steger recommends City Council
approval of the acceptance of the Family Self -Sufficiency Program Coordinators grant in
the amount of $133,507 for HUD's Fiscal Year 2021. This awarded grant runs from
January 1, 2022 through December 31, 2022.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing and Community Development Director
THE CITY OF
Dub E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Alexis Steger, Housing and Community Development Director
DATE: January 11, 2022
RE: Award of CY2022 Family Self Sufficiency Coordinator Grant
Dubuque
MI-AmeNu City
2007-2012.2013
2017*2019
INTRODUCTION
The City of Dubuque Housing & Community Development Department was awarded the
Family Self -Sufficiency (FSS) Program Coordinators grant for HUD's Fiscal Year 2021. This
awarded grant runs from January 1, 2022 thru December 31, 2022.
BACKGROUND
The purpose of the FSS Program is to promote the development of local strategies to
coordinate the use of assistance within the Housing Choice Voucher (HCV) program with
public and private resources. The resources will enable participating families to increase
earned income, financial literacy, reduce or eliminate the need for welfare assistance, and
make progress toward economic independence and self-sufficiency. The FSS program
supports HUD's strategic goal of utilizing housing as a platform for improving quality of life by
helping HUD -assisted renters increase their economic security and self-sufficiency. The FSS
program also supports the City's goals for a Partnership for a Better Dubuque by helping
families achieve their economic goals while increasing opportunities and community
partnerships. The FSS program provides critical tools that can be used by communities to
help families develop new skills that will lead to economic self-sufficiency.
HUD has awarded the City of Dubuque the full amount of funds requested in the September
2021 application submission. To complete the receipt of the renewal grant, the City of
Dubuque, specifically Housing & CD Director, Alexis Steger, will need to login and accept the
Notice of Award (HUD Form 1044) in Grant Solutions (the software platform HUD utilizes for
execution), on behalf of the City Organization, as soon as documents become available.
RECOMMENDATION
I respectfully request approval to accept and submit the Notice of Award in Grant Solutions
and the attached resolution in order to obtain federal funds through the Family Self -Sufficiency
(FSS) Program Coordinators grant in the amount of $133,507.
Service People Integrity Responsibility Innovation Teamwork
Prepared by Gina Hodason Assisted Housing Spvsr, 350 W 611 Street #312 Dubuque IA 52001 (563) 690 6096
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131" St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 20-22
RESOLUTION AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY
DEVELOPMENT TO EXECUTE THE ACCEPTANCE OF THE NOTICE OF AWARD
FOR THE HUD FAMILY SELF-SUFFICIENCY PROGRAM GRANT
Whereas, the U.S. Department of Housing and Urban Development has
published a Notice of Funding Availability (NOFA) for the Family Self -Sufficiency
Program to be utilized for the salaries of program coordinators combining the funding for
the FSS coordinators that serve Housing Choice Voucher (HCV) participants and/or
Public Housing (PH) participants for Calendar Year 2022; and
Whereas, the City of Dubuque has administered Project Self -Sufficiency since
September 1987 that became the Family Self -Sufficiency (FSS) Program in July 1994;
and
Whereas, the City of Dubuque has received funding for an FSS coordinator
continuously from 1994 thru 2019, 2021 and 2022, and
Whereas, the City of Dubuque proposes to continue administering the FSS
program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT:
Section 1: That the Director of Housing and Community Development is hereby
authorized and directed to execute the Notice of Award (HUD Form 1044) for the HUD
FSS program grant.
Section 2: That the Director of Housing & Community Development is hereby
authorized and directed to forward said grant award and resulting standard executed
contract to the respective agencies in a timely fashion and as required by the U. S.
Department of Housing and Urban Development.
Passed, approved, and adopted this 18th day of January 2022.
Bra . Cavanagh, Mayor
Attest:
W'ZLF2i' e. // 64
Adrienne N. Breitfelder, City Clerk
FY21 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
I FISCAL YEAR 2021
2
3 FAMILY SELF-SUFFICIENCY PROGRAM GRANT AGREEMENT
4 (CFDA Number: 14.896)
5 (Attachment to NOTICE OF AWARD)
6
7 FY2021 Family Self -Sufficiency
8 GRANT AGREEMENT
9
10 This grant agreement ("Grant Agreement") is made by and between the United States
11 Department of Housing and Urban Development ("HUD") and the Grantee. The Grantee
12 received a FY2021 Family Self -Sufficiency Grant from fiscal year 2021, for the operation of a
13 Family Self -Sufficiency Program ("FSS Program") that is the subject of this Grant Agreement
14 and that is identified on the award obligation document (Notice of Award).
15 HUD agrees, subject to the terms of this Grant Agreement, to provide grant funds to the
16 Grantee, in the total amount listed on the Notice of Award, for the activities described in the
17 FY2021 Family Self -Sufficiency Notice of Funds Availability (NOFA) and as defined in Articles
18 II and III. The Grantee will be provided with access to the electronic Line of Credit Control
19 System (e-LOCCS) payment system to draw down these funds.
20 The assistance that is the subject of this Grant Agreement is authorized by and required to
21 be used in accordance with Section 23 of the United States Housing Act of 1937. Funding for
22 this program is authorized by the Consolidated Appropriations Act, 2021 (Public Law 116-260),
23 enacted 12/27/2020 The Notice of Award and the Exhibits are incorporated into and subject to
24 the terms of this Grant Agreement.
25 HUD and the Grantee hereby agree to be bound by the following terms and conditions of
26 this Grant Agreement:
27
28 ARTICLE I: BASIC GRANT INFORMATION AND REQUIREMENTS
29
30 The Family Self -Sufficiency (FSS) program supports the Department's strategic goal of
31 increasing economic opportunity for HUD -assisted families. FSS provides grants to Public
32 Housing Authorities (PHAs) to support the salaries of FSS Program Coordinators who assist
33 participating families receiving housing assistance through the Housing Choice Voucher
34 (HCV/PBV) and Public Housing (PH) programs, and RAD-affected Project Based Rental
35 Assistance (PBRA). FSS Program Coordinators develop local strategies to connect participating
36 families to public and private resources to increase their earned income and financial
37 empowerment, reduce or eliminate the need for welfare assistance, and make progress toward
38 economic independence and self-sufficiency. In the context of the Self Sufficiency account,
39 "self-sufficiency" is defined as a household's ability to maintain financial, housing, and
40 personal/family stability.
41
42 The Grantee agrees to conduct all activities to be assisted with funds provided under this Grant
43 Agreement in accordance with the following requirements, as such requirements now exist or as
2
I
they may hereafter be amended (hereafter collectively referred to as the "Family Self -Sufficiency
2
Program Requirements"):
3
4
1.
Award type: This is a cost -reimbursable, performance -based grant.
5
2.
The Grantee's application including any special conditions, is incorporated into this
6
agreement.
7
3.
This agreement shall be effective immediately upon electronic signature of the Grantee.
8
4.
Period of performance: The period of performance will be 12 months. For FY2021 grants,
9
this will be 11112022—1213112022. PLEASE NOTE: Funds not expended by the time that
10
the FY2022 grant awards go into effect MAY BE recaptured by HUD.
11
5.
This Grant Agreement will be governed by the following as they may from time to time be
12
amended during the grant term: the HUD Appropriations Acts, the United States Housing
13
Act of 1937 as amended, FY2021 FSS NOFA dated 8/6/2021, the Code of Federal
14
Regulations (CFR) 24 CFR Part 24, 24 CFR Part 984, 2 CFR Part 200 any applicable OMB
15
Regulations or Circulars, and Handbooks and Notices issued by HUD.
16
6.
In executing this agreement, the Grantee agrees to abide by the provisions contained within
17
all applicable Federal statutes and regulations, Executive Orders, OMB Circulars, and any
18
assurances and certifications in the final HUD -approved application (the original approved
19
application may have required amendments by the field/applicant), as applicable and as may
20
be amended during the grant term. In particular, the Grantee agrees to comply with the
21
United States Housing act of 1937 as amended, the FY 2021 FSS NOFA dated 7/28/2021,
22
updated 8/6/2021, 24 CFR part 984, and 2 CFR part 200.
23
24
ARTICLE II: HUD REQUIREMENTS
25
26
SUB -ARTICLE A — GRANT ADMINISTRATION, CONDITIONS REQUIRING
27
TERMINATION OF FUNDING
28
29 1. The Grantee shall participate in meeting(s) (if requested by HUD) with HUD's local field
30 office for the purpose of establishing a common understanding and strategy with respect to
31 grant administration, timeline, deliverables, grant objectives, performance measures, and the
32 scope of work necessary to achieve grant objectives.
33 2. The Grantee shall furnish all necessary personnel, materials, services, equipment, and
34 facilities and shall otherwise do all things necessary for, or incidental to, the performance of
35 the activities and tasks set forth in the approved application, and this Grant Agreement
36 (except as otherwise specified).
37 3. Pre -award costs. Per 2 CFR 200.458, Pre -award costs are those incurred prior to the
38 effective date of the Federal award directly pursuant to the negotiation and in anticipation of
39 the Federal award where such costs are necessary for efficient and timely performance of the
40 scope of work. Such costs are allowable only to the extent that they would have been
41 allowable if incurred after the date of the Federal award and only with the written approval
42 of the Federal awarding agency.
43 If the performance period of this grant is later than 1/l/2022, Grantees may request
44 reimbursement for eligible costs incurred between l/l/2022 and the start of the performance
3
I period of this FY2021 FSS grant where such costs were necessary for the efficient and timely
2 performance of eligible activities under a FY21 FSS grant. Grantees must contact their
3 field office within 60 calendar days of the start of the performance period to request
4 approval for pre -award reimbursement. Any reimbursements must comply with 2 CFR
5 200.458 and are at HUD's sole discretion.
6 4. The work to be performed under this Grant Agreement is outlined in the FY2021 NOFA.
7 5. The grant funds shall be used only for eligible activities. Refer to the FY2021 FSS NOFA
8 for more information on eligible and ineligible uses of funds.
9 a. HCV or PH Program Functions: Per the FY2021 FSS NOFA, the FSS Coordinator
10 may perform routine HCV and/or PH program functions, such as annual
11 reexaminations for FSS participants, on a limited basis and only if the use of the FSS
12 funds enhances the effectiveness of the FSS Program. This provision is to be
13 employed only to the extent that these functions do not interfere with the FSS Program
14 Coordinator's ability to fully fulfill the role of the FSS Program Coordinator as their
15 primary work. Performance of routine HCV and/or PH functions for non-FSS
16 families does not enhance the effectiveness of the FSS program and is therefore an
17 ineligible use of FSS funds. Additionally, per the FY2021 FSS NOFA, while FSS
18 funds may be used to perform some homeownership functions for FSS families, this
19 may not be the sole function for which funds are used. Sections IV.F.2.b and IV.F.2.c
20 of the FY2021 FSS NOFA describe the requirements that must be met for these
21 activities to be eligible.
22 i. Grantees requesting to have the FSS coordinator perform HCV/PH
23 program functions must submit, to its local HUD Field Office, a narrative
24 justification, explaining the routine HCV andlor PHprogram functions)
25 performed by the FSS Program Coordinator, how it will enhance the
26 effectiveness of the FSS program, and why it does not impede the ability of
27 the FSS Program Coordinators) to effectively perform FSS functions. The
28 Grantee must also certify that the functions) is not performed for non-FSS
29 families. Once the Grantee has received approval from its local HUD Field
30 Office to complete these activities and has certified they will notperform
31 them for non-FSS families, they are not required to submit this justification
32 on an annual basis, i.e. Grantees only need this approval one time.
33 b. Family Self -Sufficiency Guidebook and Online Training:
34 i. HUD strongly encourages Grantees' executive directors, service coordinators,
35 and resident services leadership to review Administering an Effective Family
36 Self -Sufficiency Program: A Guidebook Based on Evidence and Promising
37 Practices. This guidebook provides FSS Coordinators, PHA and HUD staff
38 with guidance on how to develop and administer a successful and effective
39 FSS program. The guidebook and other helpful resources can be found on
40 HUD Exchange https://www.hudexchan e�programs/fss/#l-introduction
41 ii. Mandatory FSS Training. HUD has developed an Online Mandatory
42 Training on the FSS program to provide guidance on how to develop and
43 administer a successful FSS program. The mandatory training can be found
44 at https://www.hudexchange.info/trainings/courses/family-self-sufficiency-
0
I training/. The Grantee is *required* to have at least one person from each
2 PHA complete the FSS online training and submit the "get credit"form.
3 However, HUD encourages every FSS Coordinator and
4 supervisor/administrator to take the training. If the PHA has satisfied this
5 requirement under an earlier FSS NOFA (a requirement since FY18), and
6 the person who took the training is still employed in the FSS program, the
7 PHA continues to meet this requirement. Note that PHAs were not required
8 to submit any documentation with the FY2021 FSS application to show that
9 they have received credit for the training. HUD will review a report of all
10 individuals that received credit for completing the training from HUD
11 Exchange at the time of grant award. However, the field office may request
12 documentation evidencing completion of the training by a current FSS staff
13 member. The field office will not release grant funds until proof of course
14 completion is received.
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. See Article I-4 to ensure same
18 language for unexpended funds by FY2022 go into effect.
19 6. Grantees must adhere to the Program Administration provisions on p. 24-26 of the FY2021
20 NOFA. This includes instructions on PCCs, MTW agencies, portability, RAD and the
21 following:
22 a. FSS Program Termination Due to Reduced Funding. There are no statutory or
23 regulatory provisions that allow for the wholesale termination of an existing FSS
24 program. Loss of funding for the FSS coordinator position does not relieve a
25 participating PHA of its contractual obligation to families already under an FSS
26 contract.
27 b. "30% Rule". Please note that HUD's Office of General Counsel has determined
28 that 24 CFR 984.303(g)(2), regarding the second method ofgraduation, wherein 30
29 percent of the monthly adjusted income of the FSS family equals or exceeds the
30 published existing housing fair market rent for the size of the unit for which the FSS
31 family qualifies based on the PHA's occupancy standards, was not intended to pertain
32 to PH residents, but is only applicable to HCV residents. PLEASE NOTE this
33 clarification: the PHA's FMR or Small Area Fair Market Rent (SAFMR), if applicable, is
34 established yearly by HUD, and the PHA uses that FMR or SAFMR determination to
35 adjust its rent calculation. Once they are established and unless the PHA appeals, the
36 PHA must follow the established FMR or SAFMR in its rental calculations, including in
37 its determination of whether to graduate an FSS family. Thus, if a PHA has an
38 established SAFMR, then that PHA must use the SAFMR.
39 c. Additional Graduation Requirements. As provided under 24 CFR 984.303(g), a
40 family enrolled in FSS is eligible to graduate from the program and receive an
41 amount that has accrued in the escrow account when the family has completed all of
42 its obligations under the Contract of Participation, even if such completion occurs
43 before the expiration of the Contract. These obligations must include the two required
44 goals of suitable employment for the Head of Household and being free from welfare
5
I cash assistance for at least the last 12 months. PHAs and owners are responsible for
2 determining what qualifies as suitable employment for each individual" based on the
3 skills, education, and job training of the individual that has been designated the head
4 of the FSS family and based on the available job opportunities with the jurisdiction
5 served by the PHA" (24CFR 984.303(b)(4)(iii)). PHAs shall not require or define a
6 certain number of hours, tenure of employment or rate ofpay as "suitable"for all
7 FSS participants to adhere to.
8 d. 120-Day Rule: In an effort to ease barriers to participation for new families enrolling
9 in the FSS Program pursuant to the FY2021 NOFA and going forward, the income
10 and rent amounts to be used in the "Program Contract of Participation"shall be
11 taken from the amounts on the last certification, reexamination or interim
12 determination before the family's initial participation in the FSS program. Note that
13 HUD is removing the requirement to do a new rental re -exam if more than 120 days
14 have elapsed between the last reexam and the effective date of the contract of
15 participation. This requirement is found in the instructions for the FSS Contract of
16 Participation, form HUD-52650.
17 i. This change shall be in effect for families enrolling in FSS as of 1/l/2020.
18
19 Action Requested: Attach a rider with this language onto form 52650:
20
21 "Beginning 1/l/2020, income and rent amounts to be used in the "Program Contract of
22 Participation" shall be taken from the amounts on the last certification, re-examination or interim
23 determination before the family's initial participation in the FSS program. This replaces the
24 requirement, `FSS Escrow Account The income and rent numbers to be inserted on page one may
25 be taken from the amounts on the last reexamination or interim determination before the family's
26 initial participation in the FSS program, unless more than 120 days will pass between the
27 effective date of the reexamination and the effective date of the contract ofparticipation. If it has
28 been more than 120 days, the HA must conduct a new reexamination or interim redetermination'
29 found in the instructions for the FSS Contract of Participation, form HUD-52650."
30
31 7. Grantees must request prior approvals from HUD consistent with 2 CFR 200.308(c). In
32 addition, should any of the following conditions arise, Grantees are required to submit in
33 writing any changes to the previously approved grant to the local HUD field office:
34 a. Any change in the scope, objective, or conditions of the program.
35 b. Changes in any subcontracting, or otherwise obtaining the services of a third party
36 to perform activities that are central to the purposes.
37 c. Other changes that may adversely affect the program.
38 8. Grantees needing to extend the term of their grant in order to fully accomplish their goals
39 should first speak with their Field Office Grant Administrator. Generally, extensions will not
40 be granted unless the grantee does not receive FSS funding or receives less than needed in
41 the following year. If a grantee wishes to request an extension, a written justification
42 explaining why the extension is needed must be submitted to the field office for review and
43 approval. The justification must include a narrative justification explaining why the
44 extension is needed, how much additional time will be required, and the circumstances that
6
I
require the proposed extension. The local HUD field office may request additional
2
information or documentation to clarify or verify the items included in the written narrative
3
submitted by the Grantee to support the extension. The grantee must also have satisfied all
4
conditions of the grant agreement except those that would be fulfilled in the remaining period
5
of the grant. This includes the performance and resolution of audit findings in a timely
6
manner.
7
8
Grantees should be aware that any extensions are discouraged and may result in a
9
negative impact on the Past Performance review in future grant applications.
10
11
9.
Any changes requested by the Grantee must be in writing (emails are acceptable). HUD will
12
approve/reject requested changes as appropriate. Generally, HUD will approve such requests
13
within 30 calendar days of submission. Approved changes will be reflected by an
14
amendment to the Notice of Award and any other documentation as directed by HUD.
15
Amendments will become effective when the Grantee has electronically signed the amending
16
documents.
17
18
SUB -ARTICLE B: FINANCIAL RESPONSIBILITIES
19
20
1.
Prior to initial drawdown of funds, all Grantees must have secured online access to the
21
Internet as a means to communicate with HUD on grant matters. Applicants shall draw down
22
funds using the electronic Line of Credit Control System (e-LOCCS)
23
2.
The Grantee agrees to comply with the organizational audit requirements of OMB at 2 CFR
24
Part 200 including audit requirements. The final audit report must cover the entire period of
25
the grant. The Grantee must submit the audit to HUD no later than 90 calendar days after
26
the grant is closed, covering the entire award period originally approved or amended. All
27
other requirements of 2 CFR Part 200 shall apply. For Grantees where an audit is required, a
28
single audit or a program -specific audit is acceptable. If a Grantee chooses a single audit, the
29
final audit report that includes this grant is due no later than 30 calendar days after the
30
single audit is completed. According to 2 CFR 200.501, Grantees that expend less than
31
$750, 000 in federal awards are exempt from the audit requirement, but records must be
32
available for review or audit.
33
3.
The Grantee shall minimize the time elapsing between the transfer of funds from HUD and
34
the disbursement of funds. The HUD funds are to be made available based on actual need.
35
The Grantee must make a drawdown only for incurred costs. Drawdowns in excess of need
36
may result in special procedures for payments, or termination of the grant when there are
37
persistent violations. Funds requisitioned through e-LOCCS must be disbursed within three
38
calendar days after receipt of funds drawdown.
39
40
SUB -ARTICLE C: METHOD OF PAYMENT [FUNDS DRAWDOWN]
41
42
1.
The Grantee may not draw down grant funds until all pre -conditions listed in the Notice of
43
Award, this Grant Agreement, the NOFA or in the award letter, are completed by the Grantee
44
and verified by HUD.
7
1 2. Payments of grant funds shall be through electronic funds transfer using e-LOCCS (Line of
2 Credit Control System). Initial drawdown cannot be earlier than the start date of the grant
3 term.
4 3. E-LOCCS Program Edits.
5 a. E-LOCCS will automatically perform a series of review edits (both generic and
6 program specific) of each payment request. Failure of one of the program edits will
7 cause the payment request to be referred to the HUD field office for review.
8 b. The HUD field office will complete the review. The request will remain in the
9 system and further drawdowns will not be allowed until that review is complete and
10 the drawdowns approved or rejected.
11 c. The Grantee shall immediately contact the HUD field office when there is a question
12 regarding the request or when the request has been referred to the HUD program
13 office for review. A request will be referred to the program office for review when:
14 i. There are requests for over 10% of total grant funds per calendar month.
15 ii. Failure to submit an annual HUD form SF-425 - Financial Status Report, as
16 defined by this agreement and 2 CFR part 200. E-LOCCS shall not accept a
17 request for funds if required reports from the Grantee are ten or more days
18 overdue and will not accept future requests until the HUD field office
19 confirms receipt and approval of the reports in e-LOCCS.
20 iii. If the Grantee repeatedly fails to submit required forms, e-LOCCS will be
21 converted to a system in which the HUD Field Office will manually review
22 each drawdown request prior to releasing funds to the Grantee.
23
24 SUB -ARTICLE D: AUTHORIZED FUNDS BY BUDGET LINE ITEM NUMBER
25
26 1. Please see Article II, Sub -Article A, Numbers 4 and 5 above.
27 2. The Grantee's budget consists of one Budget Line Item:
28 a. 1168 — FSS Coordinator (salary & fringe)
29
30 SUB -ARTICLE E: REPORTING REQUIREMENTS (§ 984.401)
31
32 Grantees must submit a SF-425 to your local HUD field office no later than 90 calendar
33 days after the end of the performance period. The reporting period will cover the
34 performance period of the grant (see Article I, Number 4 above). Grantees must also ensure
35 that reporting on Section 17 of the HUD-50058 (Section 23 of HUD-50058-MTW for
36 Moving to Work PHAs) is correct and up to date within the PIC system. If the total Federal
37 share of your Federal award includes more than $500,000 over the period of performance, you
38 may be subject to post award reporting requirements reflected in Appendix XII to Part 200-
39 Award Term and Condition for Recipient Integrity and Performance Matters.
40
41 1. Progress Determination. HUD shall determine the Grantee's progress based upon a review
42 of HUD-50058 Section 17 (and HUD-50058-MTW Section 23) data submitted to PIC as well
43 as compliance with financial and reporting requirements.
1 2. Record Management. The HUD field office shall maintain official records on Grantees'
2 performance measures and progress reports. However, Grantees must also maintain such
3 records, including the SF-425, HUD review, and/or evaluations.
4 3. Documentation. You shall maintain documentation in participant files (paper or electronic)
5 that corroborate the achievement of each interim and final goal in the Contract of
6 Participation such that an outside auditor could verify the fulfillment of the Contract of
7 Participation. This could include certificates of completion, test scores, pay stubs, receipts,
8 or other third -party verification as available or personal certifications if third -party
9 verification is not available.
10 4. Additional Information Requests. You shall comply with all other reporting requirements
11 from time to time established by HUD, in its sole discretion, in connection with FSS. HUD
12 has the authority and total discretion to request the Grantee to report information or produce
13 documents to HUD related to or involving the administration of the grant at any time and
14 without need to establish cause. Failure to comply with such a request may serve as a basis
15 for default and grant termination. You also agree you will:
16 a. fully cooperate with all information gathering requests made by HUD or contractors
17 of HUD in the course of authorized evaluations of FSS; and
18 b. if requested, submit any post -closeout reports, in the forms prescribed by HUD, for
19 up to three years from the date of the submission of the annual financial report, per 2
20 CFR 200.333 "Retention requirements for records."
21 5. HUD has the authority and total discretion to request the Grantee to report information or
22 produce documents to HUD related to or involving the administration of the grant at any time
23 and without need to establish cause. Failure to comply with such a request may serve as a
24 basis for default and grant termination.
25
26 SUB -ARTICLE F: ADMINISTRATIVE REQUIREMENTS
27
28 1. Grantees must comply with all HUD program rules and regulations, as they may be amended
29 within the grant term.
30 2. Grantees shall maintain, and have access to, copies of documents relating to the award and
31 administration of this grant for at least three years after final closeout date of the grant for
32 inspection by HUD, the General Accounting Office, or their duly authorized representatives.
33 3. Grantees' accounting systems must ensure that HUD funds are not co -mingled with funds
34 from other Federal, State, or local government agencies or other HUD program funds. Funds
35 specifically budgeted and/or received for one program may not be used to support or
36 reimburse another. Where your accounting system cannot comply with this requirement, you
37 must establish a system to provide adequate fund accountability for each program for which
38 you have been awarded funds. Your selection of depository facility (such as a bank for
39 example) shall be compliant with Federal regulations and have insurance from the Federal
40 Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to insure
41 the established account.
42 4. Grantees agree to comply with the following requirements for which HUD has enforcement
43 responsibility 2 CFR part 200, including procurement requirements and cost principles set
44 forth in 2 CFR part 200, subpart E.
9
1 5. Equal Opportunity Requirements. Grant funds must be used in accordance with the
2 following:
3 a. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
4 (Nondiscrimination in Federally Assisted Programs) and implementing
5 regulations issued at 24 CFR Part 1.
6 b. The Fair Housing and Civil Rights Laws, which encompass the Fair Housing Act and
7 related authorities (cf. 24 CFR 5.105(a)).
8 c. The prohibitions against discrimination on the basis of age under the Age
9 Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at
10 24 CFR Part 146, and the prohibitions against discrimination against handicapped
11 individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
12 and implementing regulations at 24 CFR Part 8.
13 d. The requirements of Executive Order 11246 (Equal Employment Opportunity)
14 and the implementing regulations issued at 41 CFR Chapter 60.
15 6. The regulations in 24 CFR 87, related to lobbying, including the requirement that the Grantee
16 obtain certifications and disclosures from all covered persons.
17 7. Drug -free Workplace Requirements (Grants) in 2 CFR 2424.
18 8. Restrictions on participation by ineligible, debarred or suspended persons or entities at 2 CFR
19 Part 2424, Subparts A through J, which are applicable to contractors and subGrantees.
20
21 Other applicable regulations.
22
23 9. Grantees' computer systems must operate in accordance with HUD's computer systems and
24 software to facilitate any and all electronic documents for conversion to HUD computer
25 systems and software. That is, when sending/transferring documents, or e-mail to HUD, the
26 systems must be compatible so that we receive an exact copy.
27 10. Grantees' computer and information systems must be able to access HUD's website(s) so
28 that data can be inputted as may be required by the grant; information can be retrieved; and
29 funding through HUD's e-LOCCS system may be accessed.
30
31 SUB -ARTICLE G: GRANT CLOSEOUT
32
33 1. 2 CFR 200.343 Closeout prescribes uniform closeout procedures for recipients of Federal
34 grants. It is the Grantee's responsibility to comply in full with all closeout reporting
35 requirements and to submit closeout reports in a timely manner.
36 2. The Grantee shall initiate project closeout within 90 calendar days of the grant's termination
37 date. At HUD's option, the Grantee may delay initiation of project closeout until the
38 resolution of any HUD monitoring findings. If HUD exercises this option, the Grantee must
39 promptly resolve the findings.
40 3. The Grantee recognizes that the closeout process may entail review by HUD to determine
41 compliance with the grant agreement. The Grantee shall cooperate with any and all reviews
42 which may include making available records requested for on -site HUD inspection.
10
1 4. Within 90 calendar days after the Period of Performance End Date the grant or any
2 approved extension (revised end -date), you must submit the following documents to the
3 HUD field office:
4 a. A certification of project completion, which is a statement written and signed by you
5 b. A certification of compliance with all requirements of the grant agreement, which is a
6 statement written and signed by you
7 c. Financial Report (SF-425) (see Sub -Article E). Grantees must submit an SF-425
8 for the 12-month period of the grant. This submission also serves as the Grantee's
9 final report which is a cumulative summary of expenditures to date and must indicate
10 the exact balance of unexpended funds. (The report shall cover the grant start date to
11 the end of grant).
12 5. The HUD local field office will review Preliminary Close -Out Materials to confirm that:
13 a. The amounts on the final FSS Budget and SF-425 agree as to funds approved,
14 obligated, and expended.
15 b. The amount of funds approved and disbursed on the SF-425 agrees with HUD records
16 in e-LOCCS.
17 c. If HUD disbursed more funds than the Grantee expended, the Grantee will
18 immediately remit to HUD the excess funds, without waiting for completion of the
19 final audit.
20 6. When the final HUD form SF-425 is approved, the HUD field office will establish the
21 amount due to HUD or recapture any unused grant funds as applicable.
22 7. When the HUD field office has determined to its satisfaction that the grant activities were
23 completed and all Federal requirements were satisfied, the HUD field office will execute a
24 closeout amendment to the Grant Agreement with the Grantee.
25 8. The Closeout Agreement or clause will include the Grantee's agreement to abide by any
26 continuing Federal requirements.
27 9. Failure to submit the required financial report or any required audit report; or to resolve
28 program, financial or audit issues, may result in a suspension or termination of any and/or all
29 HUD grant payments.
30
31 SUB -ARTICLE H: DEFAULT
32
33 Unsatisfactory Performance/Default
34
35 1. Default. A default under this Agreement shall consist of any failure to comply with Federal
36 statutes, regulations, or the terms and conditions of the FSS grant or any material
37 misrepresentation in the application submissions. If HUD determines that the Grantee has
38 defaulted under this Agreement, HUD may take any remedial action legally available,
39 including remedial actions outlined in 2 CFR part 200. Actions that may constitute a default
40 under this Agreement include, but are not limited to:
41 a. use of funds provided under this Grant Agreement for any purpose, in any manner or at
42 any time, other than as authorized by this Grant Agreement;
43 b. failure to comply with the FSS Program Requirements or any other Federal, State, or
44 local laws, regulations, or requirements applicable in operating the FSS Program;
11
I c. failure to make any submission under Article II, perform any obligation, or otherwise
2 fail to proceed in a manner consistent with the NOFA application;
3 d. any material misrepresentation in any of the required submissions, including, without
4 limit, any misrepresentations in any of the submissions required by Article II); or
5 e. failure to comply with, or any material breach of, any other requirements, conditions,
6 or terms of this Grant Agreement.
7 1. Additional Conditions. If a Grantee defaults under this Agreement, HUD may impose
8 additional conditions, as described in 2 CFR 200.208. Additional conditions will be
9 imposed in compliance with 2 CFR 200.208(c). Additional conditions HUD may impose
10 may include, but are not limited to:
11 a. Requiring additional, more detailed financial reports;
12 b. Requiring additional grant monitoring;
13 c. Requiring the Grantee to obtain technical or management assistance;
14 d. Establishing additional prior approvals;
15 e. Requiring the Grantee to follow a HUD -approved detailed schedule of grant
16 activities;
17 £ Requiring HUD manual review and approval of every drawdown request.
18 2. Other Remedies. If HUD determines that a default cannot be remedied by imposing
19 additional conditions, HUD may, pursuant to 2 CFR 200.339, take one or more of the
20 following actions, as a proportional response:
21 a. Temporarily withhold cash payments pending correction of the deficiency by the
22 Grantee or more severe enforcement action by HUD.
23 b. Disallow all or part of the cost of the activity or action not in compliance.
24 c. Wholly or partly suspend or terminate the grant.
25 d. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180
26 and HUD regulations.
27 e. Withhold further grant awards for the program.
28 f. Reduce the FSS Program Grant in the amount affected by the default.
29 g. Recapture any FSS Program Grant funds not obligated by the Grantee.
30 h. Take action against the Grantee under 2 CFR part 2424 and Executive Order 12549
31 with respect to future HUD or Federal grant awards.
32 i. Take other remedies that may be legally available, including requiring
33 reimbursement by the Grantee for grant amounts used improperly.
34 3. Notice of Termination and Opportunity to Object. If the Grantee materially defaults
35 under this Agreement, HUD may terminate the grant. Any findings regarding a Grantee's
36 failure to abide by the terms of this grant that would support a termination of funding shall
37 be exclusively within HUD's discretion. Additionally, pursuant to 2 CFR 200.340(a)(2),
38 this grant may be terminated in whole or in part by HUD, to the greatest extent authorized
39 by law, if an award no longer effectuates the program goals or agency priorities. If HUD
40 pursues termination of the grant, HUD will follow the termination process established in 2
41 CFR part 200, including providing notice of termination pursuant to 2 CFR 200.341.
42 Pursuant to 2 CFR 200.342, HUD will also provide the Grantee an opportunity to object
43 and provide information and documentation challenging a termination.
12
1 4. Delinquent Federal Debts. Consistent with the purposes and intent of 31 U.S.C. 3720B
2 and 28 U.S.C. 3201(e), Grantees with an outstanding federal debt must provide to HUD a
3 negotiated repayment schedule which is not delinquent or have made other arrangements
4 satisfactory to HUD. If arrangements satisfactory to HUD cannot be completed within 90
5 days of notification of selection, HUD will not make an award of funds to the Grantee but
6 offer the award to the next eligible Grantee. Applicants selected for funding, or awarded
7 funds, must report to HUD changes in status of current agreements covering federal debt. If
8 a previously agreed -upon payment schedule has not been adhered to or a new agreement
9 with the federal agency to which the debt is owed has not been signed, the Grantee will be
10 considered to be in default under this Agreement.
11
12 SUB -ARTICLE I: GRANT MODIFICATION OR TERMINATION
13 BY AGREEMENT BETWEEN HUD AND GRANTEE
14
15 1. HUD and the Grantee may mutually agree to modify this agreement as to time, cost, or
16 activity by using the Notice of Award and/or grant agreement in whole or in part, at any time.
17 2. Pursuant to 2 CFR 200.340(a)(3), HUD and the Grantee may mutually agree to terminate the
18 agreement, including for convenience; if HUD and the Grantee agree to terminate the
19 Agreement, the two parties must agree upon the termination conditions, including the
20 effective date and, in the case of partial termination, the portion to be terminated. Pursuant to
21 2 CFR 200.340(a)(4), the Grantee may terminate the Agreement upon sending to HUD
22 written notification setting forth the reasons for such termination, the effective date, and, in
23 the case of partial termination, the portion to be terminated. If either HUD or the Grantee
24 seeks to terminate this agreement, it must provide at least 30 days' advance written notice to
25 the other party.
26
27 SUB -ARTICLE J: DISPUTES
28
29 Disputes between the Grantee and HUD shall, to the maximum extent possible, be
30 resolved by mutual agreement between the Grantee and the Public Housing Director in the Field
31 Office (Grant Officer). If agreement cannot be reached, the Grantee can submit, in writing, a
32 disputed issue to the Grant Officer. The Grant Officer will consider the disputed issue and
33 prepare a written decision. The Grantee may appeal the Grant Officer's decision within 30 days
34 after receipt of notification. Appeals will be reviewed by the Director of Community and
35 Supportive Services, Office of Public Housing Investments, 451 71h Street, SW, Room 4130,
36 Washington, D.C. 20410. The decision of the Director of Community and Supportive Services
37 shall be final. However, the Grantee does not waive any legal remedy by agreeing to this
38 provision.
39
40 SUBARTICLE K: MONEY DAMAGES
41
42 This grant agreement does not contemplate money damages for breach of the agreement
43 by HUD. The Grantee is entitled to any relief against HUD for breach of the agreement that is
44 provided by the Administrative Procedure Act.
13
2 ARTICLE III: GRANTEE PERFORMANCE
3
4 HUD will judge performance based upon whether the Grantee achieves the agreed upon
5 activities within grant time limits and within budget and whether the Grantee has produced
6 tangible results through the implementation of grant activities.
7
8 Program Coordinator. See the FY2021 FSS NOFA for a sample position description of an
9 FSS Program Coordinator.
10
I I Public Housing Information Center (PIC). All FSS programs must report activities of their
12 FSS enrollment, progress, and exit activities of their FSS program participants through required
13 submissions of the form HUD-50058 at least annually. HUD's assessment of the
14 accomplishments of the FSS programs of PHAs funded under this NOFA will be based primarily
15 on PIC system data obtained from forms HUD-50058 and HUD-50058-MTW. HUD requires
16 submission of racial and ethnic data and form (HUD-27061-H) that is often used for that
17 purpose. The HUD-50058 and HUD-50058-MTW forms, which provide racial and ethnic data
18 to HUD's PIC data system, are comparable program forms that must be submitted annually
19 instead of the HUD-27061-H by PHAs for reporting racial and ethnic data for FSS program
20 participants. See Notice PIH 2O16-08, and any subsequent amendments to the notice, for
21 information on FSS reporting requirements in PIC. A webcast training on the provisions of PIH
22 2016-08 was published on August 12, 2016. Also note that as of May 2015, HUD established a
23 set of warnings and fatal edits related to FSS PIC reporting. All of the preceding documents and
24 information can be found on the FSS webpage at the following address:
25 https://www.hud.gov/program_offices/public_indian_ housing/programs/hcv/fss
26
27 Voucher Management System (VMS). PHAs must continue to report HCV FSS coordinator
28 expenses into VMS for any HCV FSS funds made available under the FY 2013 (or earlier) HCV
29 FSS NOFA. However, due to the combined funding streams starting with the FY 2014 FSS
30 NOFA, PHAs will no longer use VMS to report HCV FSS coordinator expenses for funds made
31 available under this NOFA. Note that PHAs must continue to enter the amount of HCV FSS
32 escrow deposits and HCV FSS escrow forfeitures into VMS for all funds made available. Also
33 note that amounts expended in excess of the FSS grant for costs associated with the
34 administration of the FSS program which are allocated to the HCV program including the FSS
35 coordinator's salary and benefits as well as additional eligible costs such as office space,
36 computer costs, office supplies, etc. must be reported in VMS as administrative expenses. PHAs
37 with an FSS program serving both PH and HCV families with costs not chargeable to funds
38 awarded under this NOFA will be required to develop a cost allocation method that allocates
39 these expenses fairly between the two programs. See REAC Accounting Brief #23 and any
40 subsequent revisions for more information on how to record and account for FSS expenses.
41
42 ARTICLE IV: GRANTEE MISREPRESENTATION
43
44 The Grantee or any subcontractor to the Grantee bound by this instrument who makes or
14
I causes to be made a false statement, claim, or misrepresentation, which the Grantee or entity
2 knows or has reason to know is false, may be imprisoned and/or fined in accordance with civil or
3 criminal penalties and/or fines applicable under law, including Title 18 of the United States Code
4 (U.S.C.), Title 31, et seq. (Program Fraud Civil Remedies Act) and any other applicable
5 provisions of Federal, State or local law.
6
7 ARTICLE V: SF-424-B
9 With the Execution of this Grant Document, the Grantee certifies that the grantee:
10
11 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and
12 financial capability (including funds sufficient to pay the non -Federal share of project cost)
13 to ensure proper planning, management and completion of the project described in this
14 application.
15 2. Will give the awarding agency, the Comptroller General of the United States and, if
16 appropriate, the State, through any authorized representative, access to and the right to
17 examine all records, books, papers, or documents related to the award; and will establish a
18 proper accounting system in accordance with generally accepted accounting standards or
19 agency directives.
20 3. Will establish safeguards to prohibit employees from using their positions for a purpose that
21 constitutes or presents the appearance of personal or organizational conflict of interest, or
22 personal gain.
23 4. Will initiate and complete the work within the applicable time frame after receipt of approval
24 of the awarding agency.
25 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763)
26 relating to prescribed standards for merit systems for programs funded under one of the 19
27 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of
28 Personnel Administration (5 C.F.R. 900, Subpart F).
29 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not
30 limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
31 discrimination on the basis of race, color or national origin; (b) Title IX of the Education
32 Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits
33 discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as
34 amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the
35 Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits
36 discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972
37 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
38 Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
39 Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol
40 abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C.
41 §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse
42 patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
43 amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any
44 other nondiscrimination provisions in the specific statute(s) under which application for
15
I Federal assistance is being made; and, 0) the requirements of any other nondiscrimination
2 statute(s) which may apply to the application.
3 7. Will comply, or has already complied, with the requirements of Titles II and III of the
4 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-
5 646) which provide for fair and equitable treatment of persons displaced or whose property is
6 acquired as a result of Federal or federally -assisted programs. These requirements apply to all
7 interests in real property acquired for project purposes regardless of Federal participation in
8 purchases.
9 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and
10 7324-7328) which limit the political activities of employees whose principal employment
11 activities are funded in whole or in part with Federal funds. Previous Edition Usable
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Standard Form 424B (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB
Circular A-102 9. 10. 11.
Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to
276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. §§327 333), regarding labor standards for
federally -assisted construction sub -agreements.
Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total
cost of insurable construction and acquisition is $10,000 or more.
Will comply with environmental standards which may be prescribed pursuant to the
following: (a) institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant
to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988;
(e) assurance of project consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity
of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the
Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-
523); and, (h) protection of endangered species under the Endangered Species Act of 1973,
as amended (P.L. 93 205). 12. 13. 14. 15. 16. 17. 18.
Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related
to protecting components or potential components of the national wild and scenic rivers
system.
Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification
and protection of historic properties), and the Archaeological and Historic Preservation Act
of 1974 (16 U.S.C. §§469a-1 et seq.).
Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
16
I animals held for research, teaching, or other activities supported by this award of assistance.
2 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.)
3 which prohibits the use of lead -based paint in construction or rehabilitation of residence
4 structures.
5 17. Will cause to be performed the required financial and compliance audits in accordance with
6 the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States,
7 Local Governments, and Non -Profit Organizations."
8 18. Will comply with all applicable requirements of all other Federal laws, executive orders,
9 regulations, and policies governing this program.
17