HomeMy WebLinkAboutReports - 2023.12.07 - 40862
AGENDA ITEM: United States Housing and Urban Development Economic Development Initiative
Community Project Funding Grant for the Oakland County Farmer's Market Modernization and
Improvement Project
DEPARTMENT: Parks & Recreation
MEETING: Board of Commissioners
DATE: Thursday, December 7, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3553
Motion to approve the grant agreement from the United States Department of Housing and Urban
Development for an Economic Development Initiative Community Project program grant of
$2,269,000 for the Oakland County Farmer's Market Modernization and Improvement Project;
further, that the Oakland County Board of Commissioners hereby authorizes the Chair of the Board
to execute the grant agreement and all other documents necessary for the implementation of the
grant; further, that a budget amendment shall be included in a subsequent quarterly forecast report.
ITEM CATEGORY SPONSORED BY
Grant Brendan Johnson
INTRODUCTION AND BACKGROUND
The Oakland County Farmer's Market Modernization and Improvement Project will provide much-
needed improvements to the market including safer traffic and pedestrian circulation, accessibility
and sustainability improvements, increased programming areas for educational and wellness
activities, and improvements to the building and market canopy. This grant from the U.S. Housing
and Development Department's Economic Development Initiative Community Project Funding
program will allow Oakland County Parks and Recreation to modernize and improve the Oakland
County Farmer's Market to provide enhanced heath and nutrition programming, accessibility
improvements, a comfortable and safe environment for vendors and shoppers, and to create a
sustainable, healthy, exciting recreation facility in the heart of Oakland County. The current market
facility, while well utilized, has several challenges from vehicle flow and parking to inefficient
windows and outdated bathrooms within the building. This project will make much-needed
improvements to the site that will improve the experience for vendors and market-goers for years to
come.
The grant amount is $2,269,000. Oakland County Parks and Recreation will provide a grant match
of $2,308,950 for a total grant project of $4,577,950. The grant period is from December 22, 2022
through August 31, 2031. Oakland County Parks and Recreation anticipates planning and design
work to begin on this project in 2024. Grant funds need to be spent down by 2031.
POLICY ANALYSIS
The HUD grant will be used to fund the Oakland County Farmer's Market Modernization and
Improvement Project. This project is based on improvements at the existing market located in
Waterford. Proposed improvements include:
• Parking lot repaving and expansion
• Program pavilion construction
• Covered corridor, connecting pavilion and market building
• Play equipment installation
• Market building renovations
• Market canopy installation
• Pedestrian path construction to connect additional parking to market
Staff will be planning for an alternate/temporary location for the Oakland County Farmer’s Market to
operate during the construction. This will likely utilize tents at the main county campus just a quarter
mile down the street.
The grant amount is $2,269,000 and the project is estimated to cost around $4.57 million with the
remaining funding coming from the Oakland County Parks and Recreation Capital Improvement
Program.
BUDGET AMENDMENT REQUIRED: Yes
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
CONTACT
Melissa Prowse, Manager - Parks & Recreation Planning & Development
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 12/7/2023
AGENDA DEADLINE: 12/07/2023 6:00 PM
ATTACHMENTS
1. Grant Review Sign Off HUD WCM 2023
2. Grant Narrative HUD Farmer's Market
3. OCFM Project Budget 04_25_2023
4. Grant Agreement B-23-CP-MI-0833
COMMITTEE TRACKING
2023-11-28 Legislative Affairs & Government Operations - Recommend and Forward to Finance
2023-11-29 Finance - Recommend to Board
2023-12-07 Full Board - Adopt
Motioned by: Commissioner Charles Cavell
Seconded by: Commissioner Ajay Raman
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen
Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia
Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman, Ann Erickson Gault (18)
No: None (0)
Abstain: None (0)
Absent: (0)
Passed
1
Prowse, Melissa Jean
From:Prowse, Melissa Jean
Sent:Wednesday, October 25, 2023 3:40 PM
To:Keyes-Bowie, Tifanny B
Subject:RE: GRANT REVIEW SIGN-OFF – Parks and Recreation-U.S. Housing and Urban Development
Economic Development Initiative Community Project Funding -Grant Acceptance (Greater than
10,000)
Thanks Tiffany!
Melissa Prowse, CPRP (she/her)
Manager – Planning & Development
ADA Coordinator
prowsem@oakgov.com
248-249-2801
From: Keyes‐Bowie, Tifanny B <keyesbowiet@oakgov.com>
Sent: Wednesday, October 25, 2023 3:23 PM
To: Prowse, Melissa Jean <prowsem@oakgov.com>; Syoen, Kevin Thomas <syoenk@oakgov.com>
Cc: Adoglu‐Jones, Ebru <adoglu‐jonese@oakgov.com>; Guzzy, Scott N <guzzys@oakgov.com>; Matthews, Hailey
<matthewshd@oakgov.com>; Mason, Heather L <masonh@oakgov.com>; Davenport, Rod <davenportr@oakgov.com>;
Szlezyngier, Dave <szlezyngierd@oakgov.com>; Snover, Aaron G. <snovera@oakgov.com>; Srogi, Connie L
<srogic@oakgov.com>; Stringfellow, JoAnn <stringfellowj@oakgov.com>; Stringfellow, JoAnn
<stringfellowj@oakgov.com>; Stolzenfeld, Tracy <stolzenfeldt@oakgov.com>; Winter, Barbara <winterb@oakgov.com>;
Worthington, Pamela L <worthingtonp@oakgov.com>; Lewis, Raquel <lewisra@oakgov.com>; Dib, Patti
<dibp@oakgov.com>; Coy, Kymberly Suh <coyk@oakgov.com>; Johnson, Sheryl <johnsonsh@oakgov.com>; Randall,
Laura Kay <randalll@oakgov.com>; Keyes‐Bowie, Tifanny B <keyesbowiet@oakgov.com>; Straub, Brent
<straubb@oakgov.com>
Subject: GRANT REVIEW SIGN‐OFF – Parks and Recreation‐U.S. Housing and Urban Development Economic
Development Initiative Community Project Funding ‐Grant Acceptance (Greater than 10,000)
Please Note: The attached Miscellaneous Resolution is subject to further revision once posted to the Board of
Commissioners’ Civic Clerk site.
GRANT REVIEW SIGN-OFF – Parks and Recreation AWD00347
GRANT NAME: U.S. Housing and Urban Development Economic Development Initiative Community Project Funding
FUNDING AGENCY: United States Department of Housing and Urban Development
DEPARTMENT CONTACT PERSON: Melissa Prowse
STATUS: Grant Acceptance (Greater than 10,000)
DATE: 10/25/2023
Please be advised that the captioned grant materials have completed internal grant review. Below are the returned
comments.
2
The Board of Commissioners’ liaison committee resolution and grant acceptance package (which should include this sign-
off email and the grant agreement/contract with related documentation) should be placed on the next agenda(s) of the
appropriate Board of Commissioners’ committee(s) for grant acceptance by Board resolution.
DEPARTMENT REVIEW
Management and Budget:
Approved –Sheryl Johnson (10/16/2023)
Human Resources:
Approved by Human Resources. No position impact. - Heather Mason (10/12/2023)
Risk Management:
Approved. No County insurance requirements included. Robert Erlenbeck (10/16/2023)
Corporation Counsel:
Approved. I have reviewed the grant documents and grant agreements. There is just one typo in the "HUD Form 1044 B-
23-CP-MI-0833"--"Assistance Award/Amendment." In this form the "recipient" needs to be the "County of
Oakland." Other than correcting this typo, I see no other legal issues that must be resolved for the agreement is accepted
and executed. – Jody Hall (10/25/2023)
Oakland County Farmer’s Market
Modernization and Improvement Project
FY2023 HUD Economic Development Initiative Community Project Funding
FAIN: B-23-CP-MI-0833
Project Purpose
Modernize and improve the Oakland County Farmer’s Market to provide enhanced health and nutrition
programming, accessibility improvements, a comfortable and safe environment for vendors and
shoppers, and to create a sustainable, healthy, exciting recreation facility in the heart of Oakland
County.
Project Narrative
The Oakland County Farmer’s Market (OCFM) has been a staple facility/service/program in Oakland
County for more than 50 years. Originally located in Pontiac, the OCFM moved to the county campus 50
years ago, to a building and site that has not been renovated since that time. The OCFM operates year-
round, providing producer-only produce, foods, plants, flowers and handmade items from nearly 100
annual vendors. During the prime season (May – October) the market is open 3 days-week on Tuesday,
Thursday and Saturday. During the winter and early spring it’s open on Saturdays only.
While staff have done a good job of maintaining the building and the site over time, the entire facility is
showing signs of wear. The market consists of a market building, an adjacent/perpendicular outdoor
canopy, and a 270-space parking lot, which is full on peak-season Saturdays. The building has several
challenges with accessibility, size, energy efficiency, utility availability, HVAC, and an overall inefficient
layout. As participation at the market has grown in recent years, there is more of a demand for added
programming such as health and nutrition programs, kids activities, cooking demonstrations and fitness
programs. The market currently does not have the capacity to provide these services except for on a
very limited basis. Additional programmatic space, as well as a commercial/test kitchen, will allow for
more programs that will benefit the community. The market’s small cooking demonstration series is
wildly popular but operates only on days the market is not full, and utilizes small-scale, mobile cooking
equipment which limits the scope of what can be offered.
The building has men’s and women’s restrooms that have had accessibility updates but are not fully
accessible due to space constraints. Staff were able to add an accessible family restroom within the
building in recent years which has helped but does not meet the full needs of marketgoers and vendors.
The building has a significant number of windows which are not energy efficient and needs upgrades to
its HVAC system to keep the building climate controlled throughout the year. The market building has
vendor stalls inside as well as outside the perimeter of the building.
These outside stalls are the only uncovered stalls at the market – covering these stalls will make for a
more enjoyable experience for both patrons and vendors with the unpredictable Michigan weather.
There are also 32 stalls under a tall canopy adjacent and perpendicular to the market building. While
the canopy does provide some cover, it is at a height that does not fully protect venders and shoppers
from inclement weather. Adding walls or sides (removable) to the outdoor canopy will provide a more
enjoyable experience. Adding a covered or enclosed walkway from the building to the canopy (possibly
with roll-up doors) will create weather-resilient access between the two areas.
The parking lot is one of the biggest challenges with the site. While there are 270 parking spaces on-
site, on busy in-season days, this is not sufficient parking. It is also designed in a way that maximizes
available spaces but does not provide the most comfortable or safe pedestrian routes to get to/from
their vehicles. This project will expand the parking lot toward the east, adding approximately 40 more
spaces. It will also create a new pedestrian pathway through an old apple orchard to the large parking
lot at the Oakland County Executive Office Building (EOB), which is approximately 500 feet southeast of
the Farmer’s Market. There is currently no pedestrian access to the EOB, which can provide more than
250 additional parking spaces for the market on busy days. This new pathway will wind through the
apple orchard and will have programmatic and/or play elements along the way including a storybook
trail and possibly some themed play elements to encourage people to park at the EOB and walk to the
market.
The OCFM currently participates in multiple public assistance and health-based programs including
SNAP, Double Up Food Bucks (through the Fair Food Network), WIC Project Fresh, Senior Market Fresh
and the Prescription for a Healthy Oakland program. The OCFM Modernization and Improvement
project will allow for us to expand on health and nutrition education efforts at the market and will
create more permanent spaces for our partner agencies to conduct programs and provide information
to marketgoers, hopefully encouraging more people to participate in these programs at the market.
The project will also create a new covered pavilion adjacent to the parking lot that can be used for OCPR
events, partner events, programs, classes and gatherings. In recent years fitness classes at the market
have become very popular, including yoga and tai chi. We have provided these classes under tents, but
this project will build a permanent pavilion (20x40 or larger) in the treed area to the west of the parking
lot. This will allow for some separation of use from the market and these programs, while still keeping
these activities together at the site. One of our main goals has been to have a constant line-up of value-
added programs, classes and family events that bring people to the market, providing something healthy
and/or educational to do while at the same time people can shop for fresh produce, flowers, and
handmade foods and goods.
The HUD Community Project Funding will fund approximately half of the overall project to modernize
and improve the farmer’s market facility. The total project is estimated around $4.57M, with the
remaining funding coming from the Oakland County Parks and Recreation Capital Improvement
Program. The attached budget shows how the HUD-funded portion fits into the larger project budget.
We plan to direct the HUD funding toward the renovation of the market building and canopy, as well as
The major project components are:
•Building Renovation and Modernization (utilities, restrooms, windows, doors)
•Building Expansion – Commercial/Test kitchen
•Canopy Renovation
•Building-Canopy Connectivity
•Parking Lot Renovation and Expansion including stormwater management demonstration
projects
•Pedestrian Pathway to Executive Office Building
•Program Pavilion/Activity Area
The major project goals are:
•Expanding educational programs around health, nutrition and fitness
•Creating a commercial/test/demonstration kitchen to support entrepreneurs and educate the
public about nutrition and cooking
•Create a safer, more accessible market experience for people of all ages and abilities
•Create a weather-proof market to make the experience comfortable and enjoyable in all
seasons
•Create a more sustainable market building with demonstration features to showcase the
benefits and impacts of sustainability to the public
•Providing a space for programs and special events that doesn’t take away from market vendor
space
OCPR staff have developed a conceptual framework and budget for this project but have not yet
engaged with an architectural design firm to begin the full design process. We anticipate beginning that
process this summer (2023) after some additional planning and public engagement work this spring. As
this project impacts so many local farmers and vendors, we want to ensure that the final plan meets
their needs as well as ours at OCPR.
While we won’t have a detailed timeline until the design/engineering work is completed, our goal
currently is to begin work in 2025 and have the project completed by the end of 2026. It will be
important to provide some continuity of service during the construction period, so staff will be planning
for an alternate/temporary location for the Oakland County Farmer’s Market to operate during the
construction. This will likely utilize tents at the main county campus just a quarter mile down the street.
Oakland County has owned and operated the market site for nearly a century. There are not any
environmental review concerns currently. There will not be any sub-recipients for this grant, but the
funding will be utilized to pay various contractors that will be selected to perform the work through the
Oakland County Purchasing process.
OAKLAND COUNTY PARKS AND RECREATIONUpdate:4/25/2023SiteItemUnit Amt Unit Price Total CostParking LotRepave existing (add stormwater management, ev charging infrastructure, utilities, improve pedestrian flow) spaces 329 2,500$ 822,500$ Parking LotNew parking with stormwater managementspaces 60 2,500$ 150,000$ Covered CorridorOpen‐sided covered connection between Market Building and PavilionSF 1000 100$ 100,000$ Play EquipmentSmall accessible play equipment ‐ food/farm themed1 100,000$ 100,000$ Program Pavilion20x40 pavilion, poured concrete pad1 80,000$ 80,000$ 1,252,500$ HUD‐Funded Project ComponentsSiteItemUnit Amt Unit Proce Total CostMarket BuildingRenovate and modernize (addition, kitchen, ADA improvements, sustainability improvements, restrooms)SF 9038 95$ 859,000$ Market CanopyEnclose with operable partitions ‐ include HVAC SF 6795 200$ 1,360,000$ Pedestrian Path8' wide concrete path to Executive Office Building parking lot LF 1000 50$ 50,000$ 2,269,000$ 3,521,500$ 352,150$ OCPR Funds 704,300$ OCPR Funds 4,577,949$ 2,269,000$ 2,308,950$ 4,577,949$ Total ProjectTotal HUD‐FundedTotal OCPR FundedOakland County Farmer's Market Modernization and Improvement ProjectOCPR‐Funded Project ComponentsSubtotal ProjectDesign (10%)Contingency (20%)1
GRANT AGREEMENT NO. B-23-CP-MI-0833
FY 2023 COMMUNITY PROJECT FUNDING
This Grant Agreement between the Department of Housing and Urban Development (HUD) and
County of Oakland (the Grantee) is made pursuant to the authority of the Consolidated Appropriations
Act, 2023 (Public Law 117-103) and the Explanatory Statement for Division L of that Act, which was
printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory
Statement).
In reliance upon and in consideration of the mutual representations and obligations under this
Grant Agreement, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount
of $2,269,000 available to the Grantee.
ARTICLE II. Total Grant Amount
1200 N. Telegraph Rd., Ste. 1 Pontiac, MI 48341
B-23-CP-MI-0833
14.251 Economic Development Initiative,
Community Project Funding, and Miscellaneous Grants
Date of grant obligation
August 31, 2031
Grantee Name:County of Oakland
Grantee Address:
Grantee's Unique Entity Identifier (UEI):
Federal Award Identification Number (FAIN)
Assistance Listing Number and Name
Period of Performance/Budget Period Start Date
Period of Performance/Budget Period End Date
Grantee's Employer Identification Number (EIN)38-6004876
ARTICLE I. Definitions
The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant
Agreement specifically states otherwise.
Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified
above for the Period of Performance/Budget Period Start Date and Period of
Performance/Budget Period End Date.
Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified
above for the Period of Performance/Budget Period Start Date and Period of
Performance/Budget Period End Date.
ARTICLE III. Award-Specific Requirements
A. Federal Award Description. The Grantee must use the Federal funds provided
under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless
changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s
Project shall be as described in the Project Narrative that is approved by HUD as of the
date that HUD signs this Grant Agreement . For reference, HUD will attach this approved
Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this
Grant Agreement.
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MI-0833
B. Approved Budget. The Grantee must use the Grant Funds as provided by the
Approved Budget. Unless changed in accordance with Article III, section C of this Grant
Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of
the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved
line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant
Agreement.
C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget
must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s
approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter
to the Director of HUD’s Office of Economic Development - Congressional Grants Division
through the assigned Grant Officer . The letter must be submitted by email to the assigned Grant
Officer and must provide justification for the change. The email submitting the letter must also
include a revised project narrative or revised line-item budget, as applicable, that includes the
requested change. The Grantee is prohibited from making project or budget changes that would
conflict with the Applicable Appropriations Act Conditions described in Articl e III, section D of
this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter
for this grant and found on HUD’s website. The HUD Office of Economic Development –
Congressional Grants Division will notify the Grantee in writing, by email, whether HUD
approves or disapproves the change. Before the Grantee expends Grant Funds in accordance
with any change approved by HUD or otherwise allowed by 2 CFR 200.308 , the Grantee must
update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that
change.
D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant
Funds as provided by the Consolidated Appropriations Act, 202 3 and the Explanatory Statement
are hereby incorporated a nd made part of this Grant Agreement. In the event of a conflict
between those conditions, the conditions provided by the Act will govern. The Grant Funds are
not subject to the Community Development Block Grant s regulations at 24 CFR part 570 or Title
I of the Housing and Community Development Act of 1974.
E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program
income may be deducted from gross income to determine program income, provided these costs
have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income
may be treated as an addition to the Federal award, provided that the Grantee uses that income
for allowable costs under this Grant Agreement . In accordance with 2 CFR 200.307(b), costs
incidental to the generation of program income may be deduc ted from gross income to determine
program income, provided these costs have not been charged to the grant. Any program income
that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD
before closeout of the grant, unless otherwise specified by an applicable Federal statute.
Page 2
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MI-0833
F. The Grantee must use the Grant Funds only for costs (including indirect costs) that
meet the applicable requirements in 2 CFR part 200 (in cluding appendices). The Grantee’s
indirect cost rate information is as provided in Appendix 3 to this Grant Agreement . Unless
the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD
upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that
HUD can amend the Grant Agreement to reflect the chang e if necessary. Consistent with 2
CFR Part 200, Appendix III (C.7), i f the Grantee is an Institu tion of Higher Education and
has a negotiated rate in effect on the date this Grant Agreement is signed by HUD , the
Grantee may use only that rate for its indirect costs during the Period of Performance.
G. The Grantee must comply with any specific award conditions that HUD may
attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions
will be listed or added as Appendix 5 to this Grant Agreement .
H. The Grantee is respon sible for managing the Project and ensuring the proper use of
the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project,
the grant closeout, and compliance with all applicable federal requirements. The Grantee may
subaward all or a portion of its funds to one or more subrecipients, as identified in the Project
Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308.
All subawards made with funding under this Grant Agreement are subject to the subaward
requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements
provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient
complies with all requirements under this Grant Agreement, including the general federal
requirements in Article IV. A subaward may be made to a for -profit entity only if HUD
expressly approves that subaward and the for-profit entity is made subject to the same
Federal requirements that apply to all other subrecipients, including the requirements 2 CFR
part 200 provides for a “non -Federal entity” that receives a subaward .
ARTICLE IV. General Federal Requirements
A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an
Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58)
and agrees to assume all of the re sponsibilities for environmental review and decision-
making and action, as specified and required in regulations issued by the Secretary pursuant
to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and
published in 24 CFR Part 58.
B. If the Grantee is a housing authority, redevelopment agency, academic institution,
hospital or other non-profit organization, the Grantee shall request the unit of general local
government, Indian Tribe or Alaskan Native Village, within which the Project is located and
which exercises land use responsibility, to act as Responsible Entity and assume all of the
responsibilities for environmental review and decision -making and action as specified in
paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee
under 24 CFR Part 58.
Page 3
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MI-0833
C. After December 29, 2022, neither the Grantee nor any of its contractors,
subrecipients and other funding and development partners may undertake, or commit or
expend Grant Funds or local funds for, project activities (other than for planning,
management, development and administration activities), unless a contract requiring
those activities was already executed on or before December 29, 2022, until one of the
following occurs: (i) the Responsible Entity has completed the environmental review
procedures required by 24 CFR part 58, and HUD has approved the environmental
certification and given a release of funds; (ii) the Responsible Entity has determined and
documented in its environmental review record that the activities are exempt under 24
CFR 58.34 or are categorically excluded and not subject to compliance with
environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an
environmental review under 24 CFR part 50 and has notified Grantee in writing of
environmental approval of the activities.
D. Following completion of the environmental review process, the Grantee
(recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure
that decisions and mitigation measures adopted through the environmental review process
are carried out during project development and implementation.
E. The Grantee must comply with the generally applicable HUD and CPD
requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil
rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity
(TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the
nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination
requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color,
religion, sex, national origin, age, disability, and family characteristics of persons an d
households who are applicants for, participants in, or beneficiaries or potential
beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided
by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive
Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing
and Community Development Act of 1987 (e.g. HUD-27061).
F. The Grantee must comply with the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from
time to time. If 2 CFR part 200 is amended to replace or renumber sec tions of part 200
that are cited specifically in this Grant Agreement, the part 200 requirements as
renumbered or replaced by the amendments will govern the obligations of HUD and the
Grantee after those amendments become effective.
G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part
25 (“System for Award Management and Universal Identifier Requirements”) and the
Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive
Compensation”), which are hereby incorpo rated into and made part of this Grant
Agreement.
H. If the Total Grant Amount, as provided in Article II of this Grant Agreement,
is greater than $500,000, the Grantee must comply with the Award Term and Condition
for Grantee Integrity and Performance M atters in Appendix 4 to this Grant Agreement.
Page 4
FY 2023 COMMUNITY PROJECT FUNDING
GRANT AGREEMENT NO. B-23-CP-MI-0833
I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the
Grantee must comply with the provisions of Section 319 of Public Law 101 -121, 31 U.S.C.
1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal con tracts,
grants, or loans from using appropriated funds for lobbying the executive or legislative branches
of the Federal Government in connection with a specific contract, grant, loan, or cooperative
agreement. The Grantee must include in its award docume nts for all sub-awards at all tiers
(including subcontracts, subgrants, and contr acts under grants, loans, and cooperative
agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87
and for disclosure using Standard Form - LLL (SF-LLL), “Disclosure of Lobbying Activities.”
In addition, the Grantee must obtain the executed certification required by Appendix A and an
SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87. Federally
recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result
of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd
Amendment. State-recognized Indian tribes and TDHEs established only under state law must
comply with this requirement.
J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2
CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections
5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L . 100-690, Title V, Subtitle D (41
U.S.C. 701-707).
K. The Grantee must comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The
URA applies to acquisitions of real property and relocation occurring as a direct result of the
acquisition, rehabilitation, or demolition of real property for Federal or Federally funded
programs or projects. Real property acquisition that receives Federal financial assistance fo r a
program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements
contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation
requirements of the URA and its implementing regulations at 49 CFR pa rt 24, cover any
displaced person who moves from real property or moves personal property from real property as
a direct result of acquisition, rehabilitation, or demolition for a program or project receiving
HUD financial assistance
L. If Grant Funds are used for purchase, lease, support services, operation, or work that
may disturb painted surfaces, of pre -1978 housing, you must comply with the lead -based paint
evaluation and hazard reduction requirements of HUD's lead - based paint rules (Lead Disclosur e;
and Lead Safe Housing (24 CFR part 35)), and EPA's lead - based paint rules (e.g., Repair,
Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40
CFR part 745)).
M. The Grantee must comply with Section 3 of the Hous ing and Urban Development
Act of 1968 (Section 3), 12 U.S.C. 1701u , and HUD’s regulations at 24 CFR part 75, as
applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and
TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self -
Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c),
grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3.
Grantees that are not exempt from Section 3 must submit annual reports of Section 3
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accomplishment Performance Measures in DRGR in January of the calendar year.
This report reflects Section 3 accomplishments for the previous calendar year .
N. The Grantee must not use any Grant Funds to support any Federal, state, or
local project that seeks to use the power of eminent domain, unless eminent domain is
employed only for a public use. Public use includes use of funds for mass transit,
railroad, airport, seaport, or highway projects, and utility projects which benefit or serve
the general public (inclu ding energy-related, communication-related, water-related, and
waste water-related infrastructure), other structures designated for use by the general
public or with other common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the
removal of an immediate threat to public health and safety or brownfields, as defined in
the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107 -
118). Public use does not include economic development that primarily benefits private
entities.
O. The Grantee must not use any Grant Funds to maintain or establish a computer
network that does not block the viewing, downloading, and exchanging of pornography.
This requirement does not limit the use of funds necessary for any Federal, State, tribal,
or local law enforcement agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
P. The Grantee must administer its Grant Funds in accordance with the Conflict
of Interest requirements set forth in Appendix 6 of this Grant Agreement.
Q. The Grantee must comply with the governmentwide debarment and suspension
requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations
at 2 CFR part 2424.
R. The Grantee must comply with the award term and condition regarding
trafficking in persons in Appendix 7 of this Grant Agreement.
S. The assurances and certifications the Grantee has made and submitted to HUD
are incorporated by this reference and made part of this Grant Agreement.
ARTICLE V. Drawdown Requirements
A. The Grantee may not draw down Grant Funds until HUD has received and
approved any certifications and disclosures required by 24 CFR 87.100 concerning
lobbying, if applicable.
B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR)
system to draw down Grant Funds and report to HUD on activities.
C. The Grantee must enter activity and budget information in DRGR that is
consistent with the Grantee’s Project and Approved Budget as described in Article III,
sections A and B of this Grant Agreement and complies with HUD’s instructions for
entering information in DRGR found in the document titled “Grant Award Instructions”
that accompanies the Grant Agreement .
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D. The Grantee must only enter activities in DRGR that are described in the
Approved Budget.
E. The Grantee must expend all Grant Funds in accordance with the activity and
budget information in DRGR.
F. Each drawdown of Grant Funds constitutes a representation by the Grantee
that the funds will be used in accordance with this Grant Agreement.
G. The Grantee must use DRGR to track the use of program income and must
report the receipt and use of program income in the reports the Grantee submits to HUD
under Article VI of this Grant Agreement. The Grantee must expend program income
before drawing down Grant Funds through DRGR.
H. Notwithstanding any other provision of this grant agreement, HUD will not be
responsible for payment of any Grant Funds after the date Treasury closes the account in
accordance with 31 U.S.C. § 1552. Because Treasury may close the a ccount up to one
week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised
to make its final request for payment u nder the grant no later than September 15, 2031.
ARTICLE VI. Program-Specific Reporting Requirements
In addition to the general reporting requirements that apply under other provisions
of this Agreement, the following program -specific reporting requirem ents apply to the
Grantee:
A. The Grantee must submit a performance report in DRGR on a semi-annual
basis and must include a completed Federal financial report as an attachment to each
performance report in DRGR. Performance reports shall consist of a narrative of work
accomplished during the reporting period. During the Period of Performance, the Grantee
must submit these reports in DRGR no later than 30 calendar days after the end of the 6-
month reporting period. The first of these reporting periods begins on the first of January
or June (whichever occurs first) after the date this Grant Agreement is signed by HUD.
B. The performance report must contain the information required for reporting
program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of
actual accomplishments to the objectives of the Project as described in Article III, section
A of this Grant Agreement , the reasons why established goals were not met, if
appropriate, and additional pertinent information including, when appropriate, analysis
and explanation of cost overruns or high unit costs.
C. Financial reports must be submitted using DRGR or such future collections
HUD may require and as approved by OMB and listed on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html).
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D. The performance and financial reports will undergo review and approval by
HUD. If a report submission is insufficient, HUD will reject the report in DRGR and
identify the corrections the Grantee must make.
E. No drawdown of funds will be allowed through DRGR while the Grantee has
an overdue performance or financial report.
F. The Grantee must report and account for all property acquired or improved
with Grant Funds as provided by 2 CFR part 200 using the applicable common forms
approved by OMB and provided on the Grants.gov website
(https://www.grants.gov/web/grants/forms/post -award-reporting-forms.html). This
reporting obligation includes submitting status reports on real property at least annually
as provided by 2 CFR 200.330, accounting for real and personal property acquired or
improved with Grant Funds as part of Project Closeout, and promptly submitting requests
for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and
200.314(a).
ARTICLE VII. Project Closeout
A. The grant will be closed out in accordance with 2 CFR part 200, as may be
amended from time to time, except as otherwise specified in this Grant Agreement.
B. The Grantee must submit to HUD a written request to closeout the grant no
later than 30 calendar days after the Grantee has drawn down all Grant Funds and
completed the Project as described in Article III, section A of this Grant Agreement .
HUD will then send the Closeout Agreement and Closeout Certification to the Grantee.
C. At HUD's option, the Grantee may delay initiation of project closeout until the
resolution of any findings as a result of the review of semi -annual activity reports in
DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings.
D. The Grantee recognizes that the closeout process may entail a review by HUD
to determine compliance with the Grant Agreement by the Grantee and all participating
parties. The Grantee agrees to cooperate with any HUD review, including reasonable
requests for on-site inspection of property acquired or improved with Grant Funds .
E. No later than 120 calendar days after the Period of Performance, Grantees
shall provide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Closeout Agreement.
3. A final financial report giving the amount and types of project costs
charged to the grant (that meet the allowability and allocability
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requirements of 2 CFR part 200, subpart E); a certification of
the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual
accomplishments with the objectives of the Project , the reasons for slippage
if established object ives were not met and additional pertinent
information including explanation of significant cost overruns.
5. A final property report, if specifically requested by HUD at the time of closeout.
ARTICLE VIII. Default
A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other
than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or
other requirements applicable to the Grant Funds, any other material breach of this Grant
Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in
anticipation of this award . If the Grantee fails to comply with the terms and conditions of the
Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2
CFR part 200, as may be amended from time to time. If HUD determines that noncompliance
cannot be remedied by imposing additional conditions, HUD may take one or more of the
remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time.
HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other
applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this
Grant Agreement shall be construed as creating or justifying any claim against the Federal
government or the Grantee by any third party.
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ARTICLE IX. HUD Contact Information
Except where this Grant Agreement specifically states otherwise, all requests, su bmissions,
and reports the Grantee is required to make to HUD under this Grant Agreement must be made
in writing via email to CPFGrants@hud.gov.
This agreement is hereby executed on behalf of the Grantee and HUD as follows:
GRANTEE
______________________________________________________
(Name of Organization)
BY: _________________________________________________
(Signature of Authorized Official)
_________________________________________________
(Typed Name and Title of Authorized Official)
_________________________________________________
(Date)
HUD
BY: _________________________________________________
Robin J. Keegan,
Deputy Assistant Secretary for Economic Develo pment
_________________________________________________
(Date)
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APPENDIX 1 – Project Narrative
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APPENDIX 2 – Approved Budget
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APPENDIX 3 – Grantee’s Indirect Cost Rate Information
Subject to the applicable requirements in 2 CFR part 200 (including its appendices),
the Grantee will use an indirect cost rate as represented by the Grantee below :
The Grantee will not use an indirect cost rate to charge its indirect costs to the
grant.
The Grantee will use the indirect cost rate(s) identified in the table below to
charge its indirect costs to the grant.
Agency/Dept./Major Function Indirect cost rate Direct Cost Base
_________________________ _____________% ______________
_________________________ _____________% ______________
[PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is
checked, the corresponding table must be filled out as described below.
The table must include each indirect cost rate that will be used to calculate the Grantee’s
indirect costs under the grant . The table must also specify the type of direct cost base to
which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do
not include indirect cost rate information for subrecipients.
For government entities, enter each agen cy or department that will carry out activities
under the grant, the indirect cost rate applicable t o each department/agency (including if the
de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the
rate will be applied.
For nonprofit organizations that use the Simplified Allocation Method for indirect costs or
elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with
2 CFR 200.414, enter the applicable indirect cost rate and type of dire ct cost base in the
first row of the table.
For nonprofit organizations that use the Multiple All ocation Base Method, enter each major
function of the organization for which a rate was developed and will be used under the
grant, the indirect cost rate applicable to that major function, and the type of direct cost
base to which the rate will be applied.]
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APPENDIX 4 –
Award Term and Condition for Grantee Integrity and Performance Matters
Reporting of Matters Related to Grantee In tegrity and Performance
1. General Reporting Requirement
If the total value of the Grantee’s currently active grants, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of
time during the period of performance of this Federal award, then during that period of time the
Grantee must maintain the currency of information reported to the System for Award
Management (SAM) that is made available in the designated integrity and performan ce system
(currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about
civil, criminal, or administrative proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 87 2 of Public Law 110-417, as amended
(41 U.S.C. 2313). As required by section 3010 of Public Law 111 -212, all information posted in
the designated integrity and performance system on or after April 15, 2011, except past
performance reviews required for Fede ral procurement contracts, will be publicly available.
2. Proceedings About Which Grantee Must Report
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must submit the information required about each
proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or
procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five -year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this
award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and payment of a
monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and
condition, that resulted in a finding of fault and liability and the Grantee’s payment of
either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or
damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of
this award term and condition;
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(ii) It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on the Grantee’s part; and
(iii) The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and regulations.
3. Reporting Procedures
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must enter in the SAM Entity Management area the
information that SAM requires about each proceeding described in paragraph 2 of this award
term and condition. The Grantee does not need to submit the information a second time under
assistance awards that the Grantee received if the Grantee already provided the information
through SAM because the Grantee was required to do so under Federal procurement contracts
that the Grantee was awarded.
4. Reporting Frequency
During any period of time when the Grantee is subject to the requirement in paragraph 1 of this
award term and condition, the Grantee must report proceedings information through SAM for the
most recent five-year period, either to report new information about any proceeding(s) that the
Grantee has not reported previously or affirm that there is no new information to report. If the
Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total
value greater than $10,000,000, the Grantee must disclose semiannually any information about
the criminal, civil, and administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order
to make a determination of fault or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed
Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and
State level but only in connection with performance of a Federal contract or grant. It does not
include audits, site visits, corrective plans, or inspection of del iverables.
b. Conviction, for purposes of this award term and condition, means a judgment or conviction of
a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a
plea, and includes a conviction entered upon a plea o f nolo contendere.
c. Total value of currently active grants, cooperative agreements, and procurement contracts
includes—
(1) Only the Federal share of the funding under any Federal award with a cost share or
match requirement; and
(2) The value of all expected funding increments under a Federal award and options, even
if not yet exercised.
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APPENDIX 5 – Specific Award Conditions
NONE.
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APPENDIX 6 – Conflict of Interest Requirements
1. Conflicts Subject to Procurement Regulations. When procuring property or services, the
grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR
200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR
200.318(c), the Grantee and its subrecipients must follow the requirements contained in
paragraphs 2-5 below.
2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or
appointed official of the Grantee or subrecipient and who exercises or has exercised any
functions or responsibilities with respect to assisted activities, or who is in a position to
participate in a decision making process or gain inside in formation with regard to such activities,
may obtain a financial interest or benefit from the activity, or have a financial interest in any
contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for
himself or herself or for those with whom he or she has immediate family or business ties, during
his or her tenure or for one year thereafter. Immediate family ties include (whether by blood,
marriage or adoption) the spouse, parent (including a stepparent), child (includin g a stepchild),
sibling (including a stepsibling), grandparent, grandchild, and in -laws of a covered person.
3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the
Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if
HUD determines the exception will further the Federal purpose of the award and the effective
and efficient administration of the Grantee’s Project, taking into account the cumulative effects
of the factors in paragraph (v).
4. Threshold requirements for exceptions . HUD will consider an exception only after the Grantee
has provided the following documentation:
a. A disclosure of the nature of the conflict, accompanied by an assurance that there has
been public disclosure of the conflict and a description of how th at disclosure was made;
and
b. An opinion of the Grantee's attorney that the interest for which the exception is sought
would not violate state or local law.
5. Factors to be considered for excepti ons. In determining whether to grant a requested exception
after the Grantee has satisfactorily met the threshold requireme nts in paragraph (iii), HUD will
consider the cumulative effect of the following factors, where applicable:
a. Whether the exception would provide a significant cost benefit or an essential degree
of expertise to the program or project that would otherwi se not be available;
b. Whether an opportunity was provided for open competitive bidding or negotiation;
c. Whether the person affected is a member of a group or class of low - or moderate-
income persons intended to be the beneficiaries of the assisted activity, and the exception
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FY 2023 COMMUNITY PROJECT FUNDING
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will permit such person to receive generally the same interests or benefits as are being made
available or provided to the group or class;
d. Whether the affected person has withdrawn from his or her functions or responsibilities,
or the decision-making process regarding the assisted activity in question;
e. Whether the interest or benefit was present before the affected person was in a posit ion as
described in paragraph (ii);
f. Whether undue hardship will result either to the Grantee or the person affected when
weighed against the public interest served by avoiding the prohibited conflict; and
g. Any other relevant considerations.
6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any
potential conflict of interest.
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APPENDIX 7 – Award Term and Condition Regarding Trafficking in Persons
The following award term and condition, which is required by 2 CFR part 175, applies as
written:
a. Provisions applicable to a grantee that is a private entity.
1.You as the grantee, your employees, subrecipients under this award, and
subrecipients' employees may not—
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is
in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2.We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized
to terminate the award to have violated a prohibition in paragraph a.1 of
this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as
implemented by HUD at 2 CFR 2424.
b. Provision applicable to a grantee other than a private entity.
We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if a subrecipient that is a private entity —
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this
award term; or
2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph a.1 of
this award term through conduct that is either:
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i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part
180, “OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424.
c. Provisions applicable to any grantee.
1. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
3. You must include the requirements of paragraph a.1 of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1.“Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under
this award and not compensated by you including, but not limited to, a volunteer
or individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. “Forced labor” means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtai ning of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
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3. “Private entity”:
i. Means any entity other than a State, local government, Indian tribe, or
foreign public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. “Severe forms of traffi cking in persons,” “commercial sex act,” and “coercion”
have the meanings given at section 103 of the TVPA, as amended (22 U.S.C.
7102).
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