2009 CDBG/CHIP Recipients’ Workshop Stimulus General & Special Conditions

2009 CDBG/CHIP Recipients’ Workshop

Stimulus General & Special Conditions

Page 22009 CDBG/CHIP Recipients’ Workshop CHIP Financial Manangement

Types of Grant Conditions

• General Conditions – generally applicable to all types of CDBG/CHIP grants

• Stimulus General Conditions – applicable to ARRA Grants only

• Special Conditions – generally specific to the local project and are usually cleared via Grant Adjustment Notice


Stimulus General Condition #1

• CDBG Stimulus Program Applicants’ Manual and the CDBG-R Recipients’ Manual—2009 are incorporated into the Grant Agreement



• Grants are made pursuant to the authority of Title XII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the Recovery Act). ▪ Recipient acknowledges that the grant is

one-time funding and that Recipient will comply with all applicable requirements as stated in Public Law 111-5.



• Recipient shall comply with Notice of Program Requirements for CDBG Program Funding under ARRA, 74 Fed. Reg. 21816 (May 11, 2009) available at http://portal.hud.gov/portal/page/portal/RECOVERY/programs/CDBG_FORMULA_RESOURCES/cdbg-r-0504.pdf (the Notice);



• Recipient shall comply with Title I of the Housing and Community Development Act of 1974, as amended (42 USC 5301 et seq.) (HCDA) (as modified by the Notice); and, the HUD regulations at 24 CFR part 570 as modified by the Notice (the Regulations).



• The Recipient’s submissions, the Notice, HCDA as modified by the Notice, the Regulations, all general or special conditions described in all DCA applicant or recipient manuals, all general or special conditions provided in the Grant Award Package are incorporated by reference and constitute part of the Grant Agreement.



• Recipient shall comply with standard award terms established OMB concerning the implementation of the Recovery Act, including Requirements for Implementing Sections 1512 (Reporting and Registration Requirement), 1605 (Buy American Requirement), and 1606 (Wage Rate Requirements) of ARRA for Financial Assistance Awards, 74 Fed. Reg. 18449 (April 23, 2009) (codified at 2 CFR Part 176) (as now in effect and as may be amended from time to time).



• Notwithstanding, the Recipient shall comply with Section 110 of the CDBG Statute concerning the Davis-Bacon Act. The Recipient shall comply with Sections 1511 (Infrastructure Certifications), 1515 (Access of Offices of the Inspector General), and 1553 (Protecting State and Local Government and Contractor Whistleblowers) of the Recovery Act.



• The Recipient shall maintain an up-to-date copy of its grant application, including all amendments approved by DCA, at the Recipient’s city hall or county courthouse as required by the CDBG-R Recipients’ Manual--2009. The Recipient shall maintain information on all drawdown, deposits, and expenditures of grants funds and program income under this Grant Agreement and any other records required by applicable law, in its files, and shall make such information available for audit or inspection by duly authorized representatives of HUD, HUD’s Office of the Inspector General, the Recovery Act Transparency Board, the Comptroller General of the United States, and DCA or any other authorized representative of the State of Georgia.



• In addition to other lawful remedies, DCA reserves the right to restrict access to Recipient’s CDBG-R funds for delinquent, incomplete, or inaccurate reporting. This includes the right to suspend drawdowns should the Recipient fail to comply with quarterly CDBG-R reporting requirements.



• The Recipient may take advantage of pre-award cost provisions at 24 CFR 570.200(h) and 24 CFR §570.489(b) to incur pre-award costs on or after June 29, 2009 (or on or after the date of environmental release of funds, whichever is later) provided DCA has approved pre-award costs in writing.



• The Recipient is advised that providing false, fictitious or misleading information with respect to CDBG-R funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C., § 3801 or another applicable statute. The Recipient shall promptly refer to HUD’s Office of the Inspector General and DCA any credible evidence that principle, employee, agent, contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG-R funds.



• In any contract involving the use of CDBG-R funds, the Recipient shall include, and require its subrecipients and contractors to include, a project sign provision consistent with criteria established by DCA. See the CDBG-R Recipients’ Manual for Sign Specifications.



• The Recipient shall have until the end of the grant award period assigned by DCA to expend the entire CDBG-R Grant Amount. In no instance, however, will DCA extend a grant award period beyond September 30, 2012.



• The Recipient shall extend all applicable terms and conditions of this grant award to subrecipients and contractors, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR).

• Please find information on how to obtain a DUNS number at http://www.dnb.com/US/duns_update/.

• For information on how to register for CCR see www.ccr.gov/startregistration.aspx. For CCR registration, recipients will also need to provide their Employer Identification Number (EIN).

• Please make sure you have these registrations completed no later than September 25, 2009.



• The Grant Agreement may be amended in writing by DCA. In considering proposed amendments, DCA shall review, among other things, whether the amendment is otherwise consistent with the Recovery Act and applicable law, regulation and policy.



• The CDBG programs, including CDBG-R, generally require all Special Conditions to be cleared before funds can be drawn down.

• Requests for drawdown of CDBG-R funds must be accompanied by approved pay request(s), invoices due, payment schedules, or paid invoices. No funds will be paid without cost documentation to support the request. This General Condition will facilitate DCA's obligation for timely, accurate, and complete 1512 reporting.


Special Condition – 120 Day Requirement

• No later than January 25, 2010, Recipient must submit for DCA review and approval a copy of all signed and fully executed contracts needed to implement this Grant Agreement. If all necessary contracts are not signed by January 25, 2010, DCA reserves the right to deobligate and reallocate all or a portion of the CDBG-R grant.


Special Condition – Job Creation

• Recipient does hereby commit to the creation of ___ temporary jobs and ___ full-time jobs as stated in its grant application to DCA. Recipient also understands that failure to create the aforementioned permanent jobs could result in sanctions imposed by the department…


Special Condition – Infrastructure Certification

• With respect to funds made available to State or local governments for infrastructure investments, the Governor, mayor, or other chief executive, as appropriate, shall certify that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars.


Remaining Agenda Items

• 1512 Reporting

• 1605 Buy American

• Signage Requirements

• Notes on DUNs and CCR Registration

Documents

2009 CDBG/CHIP Recipients’ Workshop Stimulus General & Special Conditions